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T h e M ag 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 / w i n t e r 2 0 1 2 | vo l 1 9 n o 1

magazine

SCU tackles the ethics of sports The SCU Institute of Sports Law and Ethics—a collaboration among Santa Clara Law, the SCU Athletics Department, and the Markkula Center for Applied Ethics at SCU—hosted a national symposium exploring the proper role of sports in higher education. Page 12. 8 A Leader in Practice-Ready Graduates 18 Building the Future 20 Reunion 2012 22 Honor Roll of Donors


de a n ’ s m e s s a g e

JULIA YAFFEE M.A. ’88, M.A. ’97 Senior Assistant Dean for External Affairs

Dear Friends of Santa Clara Law:

I

Elizabeth Kelley Gillogly b.a. ’93 Editor LARRY SOKOLOFF ’92 Assistant Editor Michelle Waters Web Marketing Manager KEI TH SU TTER

n October, I informed President Engh that this academic year is my final year of service as dean at Santa Clara. It has been a great honor to serve as dean and I look forward to working together with the law school community to move the law school forward this year and in coming years.

My term of service ends in June 2013. This is the last year of my second, five-year appointment as dean of the law school, and this year will also conclude my 20th consecutive year as a law school dean. Though I will be taking a sabbatical leave during next year, I will continue to advance the mission and goals of our law school by working closely on the key points of our strategic plan, as well as our critically important building and fundraising projects (see Page 18). After my sabbatical leave, I look forward to resuming my teaching duties as well as re-engaging in some projects that I have not been able to devote as much time to due to my duties as dean. I especially look forward to getting more involved in projects related to leadership education, international teaching, and the topic of the regulation of legal education. I want to take this opportunity to thank you—the law school’s alumni, friends, volunteers, and extended family—for all you have done to assist me and the law school’s leadership team in strengthening Santa Clara Law’s programs during the past nine years. We have accomplished a great deal together, and I couldn’t have done it without your commitment to making Santa Clara Law an outstanding law school. The successful completion of the law school’s first capital campaign in 2007, the development of the strategic plan in 2010, the successful and enjoyable law school centennial in 2011, and the law school’s building plan in 2012 are among the many accomplishments during my tenure as dean. I know that there is much work ahead to help prepare Santa Clara Law to face the many challenges to legal education. I am grateful for your continuing support of the mission and goals of this great law school, and I look forward to working with you during this transition time. Please contact me and share you questions, thoughts, and ideas. Best wishes,

Jane Ludlam Copy Editor Amy Kremer Gomersall b.a. ’88 Art in Motion Art Director, Designer Charles Barry Santa Clara University Photographer Law Alumni Relations & Development Assistant Dean Trevin Hartwell Karen Bernosky B.S. ’81 Ellen Lynch Susan Moore B.S. ’86 Stephanie (Alonzo) Rosas B.S.C. ’96 Marjorie Short Amir Tejani Santa Clara Law, founded in 1911 on the site of Santa Clara University, California’s oldest operating highereducation institution, is dedicated to educating lawyers who lead, with a commitment to excellence, ethics, and social justice. One of the nation’s most diverse law schools, Santa Clara Law offers its 975 students an academically rigorous program, including graduate degrees in international law and intellectual property law; a combined J.D./MBA degree; a combined J.D./ MSIS degree; and certificates in high tech law, international law, and public interest and social justice law. Santa Clara Law is located in the world-class business center of Silicon Valley, and is distinguished nationally for its top-ranked program in intellectual property. For more information, see law.scu.edu. If you have any questions or comments, please contact the Law Alumni Office by phone at 408-5511748; fax 408-554-5201; e-mail lawalumni@scu.edu or visit law.scu.edu/alumni. Or write Law Alumni Office, Santa Clara University, 500 El Camino Real, Santa Clara, CA 95053. The diverse opinions expressed in Santa Clara Law do not necessarily represent the views of the editor or the official policy of Santa Clara University. Copyright 2012 by Santa Clara University. Reproduction in whole or in part without permission is prohibited.

Donald J. Polden Dean Santa Clara Law

Cert no. XXX-XXX-000

AIM 11/12 10,500

Santa Clara Law is printed on paper and at a printing facility certified by Scientific Certification Systems 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.


contents

Left to right: Tisa Pedersen ’07, Pami Vyas ’07, Cari Case, Brian Case ’07, Marisa Huber ’07, Justine Cannon ’07, Pamela Vartabedian ’07, and Andrea de Koning ’07. For more photos from the 2012 reunion, see page 20.

na ncy marti n p hoto gra p hy

8

A Leader in Practice-Ready Graduates

By Sandee Magliozzi Santa Clara Law encourages students to

develop practical lawyering skills through a wide range of experiential learning opportunities.

12

SCU Tackles the Ethics of Sports By Rita Beamish B.A. ’74 The SCU Institute of Sports Law and Ethics—a collaboration among Santa Clara Law, the SCU Athletics Department, and the Markkula Center for Applied Ethics at SCU— hosted a national symposium exploring the proper role of sports in higher education.

2 Law Briefs 22 honor roll of donors 26 class action 32 closing arguments

18 Building the Future: A Progress Report on Santa Clara Law’s Strategic Plan

By Dean Donald Polden “This is a promising time for Santa

Clara Law, and our progress reflects the strong support of our alumni and friends,” says Dean Polden in this update.

20 Santa Clara Law Reunion Weekend 2012

By Susan Moore B.S. ’86 More than 350 alumni and friends

gathered to celebrate Law Reunion Weekend 2012, with events including Supreme Discussions (a faculty forum on recent Supreme Court decisions) and a Luau Luncheon. VISIT THIS MAGAZINE ON THE WEB Visit us online for "Building an Ethical Athlete Starts Before College," an essay by Mitch Lyons ’73. Also online are more photos from our Law Reunion Weekend, as well as 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. law.scu.edu/sclaw

On the cover: Marc Trasolini (15) and the SCU Broncos men's basketball team took on Eastern Washington at the SCU Leavey Center on November 23, 2012, during the last day of the College Basketball Experience Invitational tournament. The Broncos won the game 89-74. Cover photo by Denis Concordel / www.widgic.com fall/winter 2012 | santa clara law 1


L AW BRI EF S

Left to right: Brian Love, Tseming Yang, and Francisco J. Rivera Juaristi charles barry

Three New Scholars Join Santa Clara Law Faculty

New Scholarship for IP Students Honors Ed Taylor

“Outstanding teaching scholars have been a hallmark of our institution for more than a century. These new additions will continue that legacy,” said Dean Donald J. Polden.

In September, Santa Clara Law received a $500,000 gift from the law firm of Blakely, Sokoloff, Taylor & Zafman LLP to honor their late partner, Ed Taylor, who passed away in March, 2012. The donation helped create a new scholarship for students with interest in intellectual property law practice who have undergraduate or graduate degrees in computer science, electrical engineering, computer engineering, physics, or related fields. “Santa Clara Law is very grateful for the generous support provided by Blakely, Sokoloff, Taylor & Zafman LLP to honor and remember our mutual friend and colleague, Ed Taylor,” said Dean Donald Polden. “It feels quite appropriate to honor his memory by investing in and supporting future attorneys.”

Francisco J. Rivera Juaristi is the founding director of Santa Clara Law’s new International Human Rights Clinic and is also serving as assistant clinical professor. He previously was an adjunct professor of international law and human rights at the Inter-American University of Puerto Rico. He is a former senior staff attorney at the Inter-American Court of Human Rights of the Organization of American States. Brian Love, assistant professor of law, specializes in patent law, intellectual property, and telecommunications law. He ran the LL.M. program in Law, Science and Technology at Stanford Law School from 2010 to 2012, and was a lecturer and teaching fellow there. Before attending law school, he worked as a sonar development engineer. Tseming Yang, professor of law, joins the law school from the U.S. Environmental Protection Agency, where he served as deputy general counsel. He previously was a tenured member of the Vermont Law School faculty. He has also trained and advised many foreign governments and international organizations on environmental law and governance issues.

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Law Student Newspaper Named the Best in the Nation

Mack Player Retires Former Law School Dean Mack Player, who led the law school from 1994 to 2003, has retired from Santa Clara Law. His wife, Jeanne, a federal administrative law judge, is also retiring. The couple will split their time between San Francisco and Florida. Player, a national expert in employment law, called his time at Santa Clara “the best 18 years of my life.” He said a high point of his Santa Clara experience was when the law school was elected to the Order of the Coif, which he described as the Phi Beta Kappa for American law schools. During his tenure, the law school also broke into the top ranks of intellectual property programs, and the law school created its first chaired, endowed professorships, which Player described as a fundraising accomplishment. After stepping down as dean, Player served as director of the School of Law’s Center for Global Law and Policy, and taught at the law school and as a visiting professor in Europe.

For the second year in a row, The Advocate, the official newspaper for Santa Clara University School of Law, has been recognized as the nation’s Best Law School Newspaper by the American Bar Association Student Division. As a completely student-run paper, The Advocate prides itself on providing relevant and engaging content for the Santa Clara Law community.  For more information, please visit  law.scu.edu/advocate.

KEITH SUTTER

New Assistant Dean for Law Alumni

Jeannette Leach Named to New Post Jeannette Leach has been named Assistant Dean of Diversity Programs at Santa Clara Law. Leach began working at the law school in 1989, and served as assistant dean of Admissions and Financial Aid for more than 15 years. In her new position, she will focus on programs that assist minority students in achieving academic and extracurricular success. Diversity co-sponsored programs include Minority Law Day, diversity lectures, Diversity Gala, and the Thurgood Marshall Scholarship.

Trevin Hartwell is the new assistant dean for Law Alumni and Development, where he oversees alumni relations, outreach, and fundraising in support of the law school’s academic programs and strategic initiatives. “I am excited and honored to work with the alumni and extended community of Santa Clara Law,” says Hartwell. “I admire the law school’s illustrious history and deep roots in the Silicon Valley and the record of leadership among its graduates in law, business, and public service.” Hartwell has more than a decade of experience in fundraising for major educational institutions. He served as development officer for the President’s Circle of the National Academy of Sciences, and worked for Harvard University as assistant director of major gifts in the faculty of arts and sciences and later as associate director of West Coast development. Hartwell also served as director of development and alumni relations at the University of San Diego School of Law. Before arriving at Santa Clara Law, Hartwell was vice president for development at a nonprofit organization in Los Angeles that provides mentoring and college counseling services to at-risk youth. Born and raised in Southern California, Hartwell earned a bachelor's degree in organizational communication from Pepperdine University and a master's degree in political science from American University.

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L AW BRI E FS STUDENT SPOTLIGHT

2012 Intellectual Property Fellows Every year, Santa Clara Law selects some of its most competitive incoming students to receive Intellectual Property Fellowships. These grants pay up to full tuition for applicants who show enormous promise and have a demonstrated interest in high tech or IP law.

Bethel Otuteye is a new IP Fellow this year who brings her experience as Google’s manager of Legal Strategic Initiatives. She grew up in Anaheim, got her bachelor’s degree in economics at Stanford, and went on to work at Monitor Group and Genentech. She says she chose Santa Clara Law because she wanted to take advantage of its part-time program and keep her fulltime job at Google. “I really think continuing to be close to the business side of things and having that experience will be very valuable once I become an attorney,” Otuteye said. “I really want to hit the ground running, and I think that Santa Clara is the right place to be able to move quickly.” Otuteye’s high tech experience helps her focus on what she wants to get out of law school. “I think my biggest interest is in how you balance business needs with legal requirements and legal advice, such that the folks on the business side still feel empowered to make decisions, but view the attorneys as partners and not people who are just trying to limit their creativity or their ability to innovate.” When asked where she sees herself in five years, she said, “That’s one of the things I’m hoping to get out of this experience—where I can have the most value. Is it being inhouse attorney at a company, like the attorneys I’m working with currently? Is it working at a firm where I might get exposure to multiple different companies but I can focus more on one area of law? And then there’s the policy side, which I’m also interested in, more from a government perspective. “Right now I’m really just open and absorbing everything and wanting to meet with and hear about different attorneys and their practices and experience. There are so many different paths to choose, and I want to learn about all the options.” IP Fellow Matthew Walker, until he came to Santa Clara Law this semester, was a design engineer at Raytheon working on night-vision goggles and satellite cameras. He grew up in Elko, Nevada, started his academic career at Penn State with a B.S. in physics, and followed that up with a master’s in electrical engineering from the University of Southern California. As soon as he was accepted at Santa Clara Law, he started working with the High Tech Law Institute. “They were able to

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M aria Q uin o ne z

by jane ludlam

Bethel Otuteye and Matthew Walker are the 2012 IP Fellows and received full-tuition scholarships to Santa Clara Law.

get me a series of interviews at different law firms,” Walker said. “So they were actually looking to fill positions like the one I’m in now [full-time at Morgan, Lewis and Bockius], which is called a technical specialist. These patent law firms rely on technical specialists to help them interpret patents in various technical fields.” His shift to the legal side grew out of his work designing image sensors. “One thing that I learned at Raytheon is that— when you work for a government contractor, in particular—in design there’s a lot of waiting around for other people to finish something. It frustrated me. You know, a design cycle is two weeks of doing design and three months of waiting for other things to happen. So I decided to shift to law because I thought it would be more productive, where I can make a bigger impact. In the military sphere, I worked with IP lawyers several times relating to licensing and patenting, so I had a general idea of what an IP lawyer did.” Walker and Otuteye both say they chose Santa Clara Law partly for its high national ranking in IP law, and the school chose them to help define that excellence, both as new students and IP Fellows.


Entering Class of 2012

199

Number of new full-time 1Ls

38

Number of new part-time 1Ls

46

Percent of new class that is female

21

Number of states represented

46

Percent of the class that is minority

14

Number of foreign countries represented in the new class, including Argentina, Greece, Hong Kong, India, Korea, Russia, China, and Pakistan.

Faculty News In June, Howard Anawalt, professor emeritus, created a website that explores IP law and idea rights, the power of corporations in government, and features a blog called Silicon Law. Anawalt hopes that fellow commentators, especially from Silicon Valley, will take a shot at this blog from time to time. (Those who sign in as subscribers may simply go ahead and post their own comments.) Some blog entries are: “Going to Law School?” by Professor Beansie; “Labels, Trademarks, and Foodspin”; and Corpocracy Watch! “Analysis and News.” The blog also contains the new material for Anawalt’s book Idea Rights (anawalt .com/wordpress/?page_id=34). In July, the 2012 edition of Anawalt’s IP Strategy (West) came out, containing, among other things, detailed and integrated coverage of the America Invents Act (AIA). Pat Cain was the Norman A. Sugarman Tax Scholar in Residence at Case Western Reserve School of Law, where she delivered a lecture, “Taxing Families: The Troubling Disconnect Between State and Federal Law” (www.youtube.com/ watch?v=RkAdJhHZORI). In June she delivered a paper on the same topic at the Law and Society Annual Meeting in Honolulu. That month she was also the principal speaker at a special session of judges and family law attorneys at the annual meeting of the Iowa State Bar. The session was sponsored by the Williams Institute (UCLA School of Law) as part of its judicial education program. Her topic was “Same-Sex Marriage in Iowa: Legal Issues on the Horizon.” She also published two articles, “The New York Marriage

Equality Act and the Income Tax” (Albany Government Law Review 5, 2012) and “A Section Memoir” (UMKC Law Review 80, 2012), which was part of a collection of reflections from four decades of chairs of the section on Women in Legal Education, AALS. The 2012 Supplement to her casebook, Sexuality Law, 2nd Edition (Carolina Academic Press, co-authored with Arthur S. Leonard) was published in August. Yvonne Ekern’s second edition of her text Constitutional Law: Principles & Practice was published this spring by Delmar (a division of West Law Publishing). The text was co-authored by Joanne Banker-Hames. Eric Goldman, since May 1, has given several talks: Fifth Annual Junior Scholars in Intellectual Property (JSIP) Workshop, Michigan State University College of Law, Lansing (May 2012, commentator); “Teaching Consumer Law in a New Economy,” University of Houston Law Center, (May, Teaching Advertising as Consumer Protection); 7th Annual Door County IP Academy, IP Section of the Wisconsin State Bar, Sturgeon Bay (July, SOPA, Using Intermediaries for IP Enforcement, and Other Hot Copyright Topics); Intellectual Property & Internet Law telephonic CLE, Rossdale Group (July, Hot Topics in Internet Law); Tech Policy Summit, Napa, Calif. (June, Online Intermediaries and the Platform Economy); San Francisco Intellectual Property Law Association (SFIPLA) meeting, Healdsburg, Calif. (June, Hot Topics in Internet Law); Lawyers’ Guide to Using Social Media for Professional and Client Development, Practicing Law Institute (PLI), San Francisco (May, Social Media Monitoring and Engagement and Social Media’s Role in Publishing and the Courts);

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L AW BRI E FS “Online Copyright: What You Need to Know,” Sunnyvale Public Library (July); Second Annual CSUN Technology Fair, California State University, Northridge (June, Cloud Computing: Is Anything Private?); American Society for Aesthetic Plastic Surgery annual meeting, Vancouver, B.C. (May, Reputation Management—Managing Your Online Image). Goldman also has recently announced his new casebook, Advertising & Marketing Law: Cases & Materials,” co-authored with Rebecca Tushnet. He has also launched a new blog at Forbes. com, Tertium Quid, and published a new essay titled “The Irony of Privacy Class Action Lawsuits.” His promotion to full professor takes effect this month. Anna Han gave a talk to the faculty and law students of Ningbo University in Ningbo, China, on May 28. Her talk was on “Regulation of U.S. Companies Investing Abroad: Export Control and the Foreign Corrupt Practices Act.” Marina Hsieh, a senior fellow, served on the Western Association of Schools and Colleges accreditation team for the U.C. Hastings College of the Law in 2012. The team report and action of the commission was published in June at www.wascsenior.org/apps/ institutions/uc-hastings-college-law. Brian Love’s job talk paper was accepted for publication in the University of Pennsylvania Law Review: “An Empirical Study

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of Patent Litigation Timing: Could a Patent Term Reduction Decimate Trolls Without Harming Innovators?” (Vol. 161, forthcoming 2013). An article he coauthored with Chris Seaman was accepted for publication in the Yale Journal of Law & Technology: “Best Mode Trade Secrets” (Vol. 15, Nov. 2012). One of Love’s essays was accepted for publication in the online supplement to the George Washington Law Review: “Why Patentable Subject Matter Matters for Software” (Vol. 81, Sept. 2012). On May 16, Love’s op-ed was published by the Boston Globe: “Facebook IPO Belies Perils of Collegiate Inventors.” Love also chaired this year’s IP Scholars Conference, which was held at Stanford Law School in August. The conference hosted 138 presentations, on five panel tracks, over two days. Love has been quoted in about three dozen print and/or online news stories since May. He also appeared recently on local ABC News (aired July 30), national Japanese TV (NHK’s Ohayoo Nippon, or Good Morning, Japan, aired July 31), and on KGO 810 AM (aired July 30), discussing the Apple v. Samsung patent trial in all three.

Northern California Innocence Project On July 2, 2012, Paige Kaneb, NCIP supervising attorney, gave a presentation with NCIP exoneree Maurice Caldwell to Mill Valley Seniors for Peace in Marin County. The average age of the audience was 87 years. NCIP has since received donations and well wishes from members of the organization. On July 6, Kaneb and Kelley Fleming, California DNA Project attorney, spoke to a group of high school students from around the country who were participating in the Lead America Program at Stanford University. Maitreya Badami, NCIP supervising attorney, spoke at the San Jose Rotary Club on July 25. Cookie Ridolfi, NCIP executive director, spoke at the National Association of Criminal Defense Lawyers in San Francisco on July 25 . On July 26, Vanguard Court Watch of Yolo County honored the Northern California Innocence Project at Santa Clara University with their Law School/ University of the Year Award. Linda Starr of NCIP was interviewed by the League of Women Voters for their televised program on current issues, aired this fall.

Ellen Kreitzberg published the Third Edition of Understanding Capital Punishment Law by LexisNexis, which includes two new chapters on military death penalty and the “Road to Abolition.” Kreitzberg has also had several media interviews on Prop 34, the California initiative to replace the death penalty with life without the possibility of parole, including an interview on KCBS radio. Kreitzberg has also spoken locally on Prop 34 at several locations, including the San Jose Democratic Club, and at various church and community organizations.

Michelle Oberman continues to work toward a book on abortion and the law in El Salvador. The first step involved writing an essay that could serve both as a book chapter and as a freestanding law review publication. Oberman’s essay was accepted for publication in Stanford Law & Policy Review’s Annual Symposium, focused on the 40th Anniversary of Roe v. Wade. The essay is titled “Christina’s World: An Unremarkable Story of Poverty, Pregnancy and Abortion Prosecution in El Salvador,” and it will be presented in spring 2013. Oberman also has several other forthcoming articles: “Getting Past Legal Analysis…or How I Learned to Stop Worrying and Love Teaching Rape,”


Creighton L. Rev (2012); “Two Truths and a Lie: In re John Z. and Stories at the Juncture of Teen Sex and the Law,” J. of Law & Social Inquiry (2012); a review of Cliona Rattigan’s book “What else could I do?” Single Mothers and Infanticide, 1900–1950 (Irish Academic Press, Dublin, 2012), in European Journal for Women’s Studies (2012). Oberman co-authored with Dawn E. Johnsen “Maternal–Fetal Relationship: III. Legal & Regulatory Issues,” in Encyclopedia of Bioethics, Bruce Jennings, et al., ed (New York: Macmillan Library Reference, forthcoming 2014). Bob Peterson presented a paper to about 200 lawyers on July 27 at the Las Vegas meeting of the Association of California Insurance Companies General Counsel Seminar. The topic was “New Technology, Old Law: Autonomous Vehicles and California’s Insurance Framework.” The article was published in Santa Clara Law Review’s symposium issue devoted to legal issues surrounding selfdriving cars. Alan Scheflin published “How Not to Conduct a Forensic Hypnosis Interview: A Case Study,” American Journal of Clinical Hypnosis 55 (2012). This article describes a criminal case in which hypnotically refreshed recollection played an important role. After the defendant was convicted, the Wisconsin Innocence Project asked Scheflin to analyze the videotape of the hypnosis session, and then asked him to testify at a post-conviction hearing. The appellate court cited his testimony as a reason to reverse the conviction. Scheflin also coauthored an article with Neil S. Hibler, “Maximizing the Usefulness of Hypnosis

in Forensic Investigative Settings,” American Journal of Clinical Hypnosis 55 (2012). The article was written for mental health professionals interested in using investigative hypnosis with law enforcement agencies in the effort to enhance the memory of witnesses and victims. Scheflin wrote a new chapter, “Opening Statements and Persuasion,” for his teaching materials in the Opening Statements and Closing Arguments seminar. The materials are being finalized for a book. In Montreal in July, Scheflin gave three presentations at the Annual Conference of the International Cultic Studies Association. The first presentation provided an analysis of the 900-plus appellate cases dealing with brainwashing. In the second presentation, Scheflin discussed the problems cult victims face when seeking to enlist the aid of the law in obtaining redress from destructive cults. The third presentation involved a panel discussion with lawyers from the United States, Canada, Belgium, Italy, Switzerland, and Japan. The topic involved international legal efforts to deal with cult recruiting, indoctrination and activities. John Schunk published an article last spring titled “‘Be the Ball’: Caddyshack’s Ultimate Writing Tip,” Perspectives: Teaching Legal Res. & Writing 20 (2012) store.westlaw.com/ pdf/perspec/2012-winter-spring/2012winter-spring-5.pdf. David Sloss has several publications: “Domestic Application of Treaties,” The Oxford Guide to Treaties, Duncan Hollis, ed. (Oxford University Press, 2012); “Executing Foster v. Neilson: The Two-Step Approach to Analyzing

Self-Executing Treaties,” Harvard Int’l L. J. 53 (2012); “Legislating Human Rights: The Case for Federal Legislation to Facilitate Domestic Judicial Application of International Human Rights Treaties,” Fordham Int’l L. J. 35 (2012). Sloss has also given several presentations, including: “International Law in the U.S. Supreme Court,” Lauterpacht Centre for International Law, Cambridge University (May 25, 2012); and “Domestic Application of Treaties,” Continuity and Change Public International Law Discussion Group, Oxford University (May 24, 2012). Sloss also filed an amicus brief in the U.S. Supreme Court on behalf of the U.N. High Commissioner for Human Rights in Kiobel v. Royal Dutch Petroleum Co. The brief addresses the extraterritorial application of the Alien Tort Statute (June 2012). Ruth Silver Taube, Katharine and George Alexander Community Law Center (KGACLC) workers’ rights supervising attorney and special counsel to the Legal Aid Society, participated as an expert witness during Santa Clara County’s Most Vulnerable Workers Public Forum. The forum was organized by the Human Relations Commission and the Commission on the Status of Women, and it was held at the Mexican Heritage Plaza Pavilion on May 10, 2012. Taube presented information and statistics based on the data collected from KGACLC’s Workers’ Rights Clinic. This data revealed egregious abuses on the part of many Santa Clara County employers that included wage theft, discrimination and illegal termination. She also presented data regarding KGACLC’s human trafficking cases, a growing problem in Santa Clara County and beyond. The event was well attended by a diverse audience that included low-income workers, community activists, religious leaders, nonprofit organizations, and the media. The testimony gathered will be used to publish a report to inform the County Board of Supervisors of key issues impacting vulnerable workers in our community.

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By Sa ndee Magli o z zi , Asso c iat e Clin ic al P ro fess o r and Direc to r of Pro fessio nal Dev elo pme nt and Ext er nships

a leader in practice-ready graduates

T

he current changes taking place in law practice are transforming the way we must bridge the gap between law school and practice. A simple question of transition has become an imperative to add value. We have all seen the articles and heard the call for “practiceready” law graduates. Today’s law graduate needs to “think like a lawyer” and have a foundation of substantive law that allows him or her to place new knowledge in context. But they also need the non-legal understanding to see an issue from a client’s perspective and a set of core competencies they can use to help solve a client’s problem. Savvy law schools understand that their students need a broad array of lawyer competencies—knowledge, skills, and values—when they enter practice to serve their clients and the public interest. Santa Clara Law has long recognized that classes and casebooks alone do not transform students into lawyers. We offer a wide range of hands-on experiential learning opportunities to enable our students to develop crucial lawyering skills and integrate practical experience with substantive law knowledge. Experiential learning allows students to deepen their understanding of how the law and legal institutions operate, explore possible career options, and gain many of the lawyering skills and benchmark experiences they will need to meet the challenges of practice.

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Our Experiential Learning Opportunities Santa Clara experiential learning opportunities include clinics, externships, pro bono opportunities, moot court competitions and a rich diversity of practical skill simulation courses. Simulation courses include topics such as interviewing and counseling, negotiations, technology licensing, trial techniques and many more. These courses provide students with an opportunity to learn valuable professional skills and values in hypothetical situations developed by their faculty. Simulation courses offer a safe environment where students can experiment and practice before launching into a clinic with real clients or the real-life practice setting of externships. Santa Clara Law understands the need for real world experience and to continue expanding the opportunities for meaningful connections between legal education and law practice. The law school recently added two new clinics—the International Human Rights Clinic and the Low-Income Taxpayers Clinic—to its already existing clinics—the Katharine and George Alexander Community Law Center and the Northern California Innocence Project. Our clinics give students the opportunity to learn through the direct experience of lawyering. Students typically form relationships directly with clients and work under the supervision of a practicing attorney and/or faculty member. Students develop professionally while serving individuals in need with competence, conscience, and compassion.


Santa Clara Law Clinics • Broadband Clinic • Katharine and George Alexander Community Law Center Consumer Law Clinic Immigration Law Clinic Workers’ Rights Clinic • International Human Rights Clinic • Low Income Taxpayer Clinic • Northern California Innocence Project

8

C H A R L E S B A R RY

REAL-WORLD PREPARATION “Santa Clara Law offered me great classes with amazing professors, and it also prepared me for the real world with practical experience through clinics and externships. SCU’s location enables hands-on experience in local high tech companies, and opportunities to work with state and federal judges. The Katharine and George Alexander Community Law Center offered me the opportunity to help others and learn through working in clinics such as consumer protection and employee rights. Santa Clara is unique in that it creates practice-ready attorneys.” —Luci Buda ’12 Rank in the nation, as listed by National Jurist (Oct. 2011), for the number of externships available in ratio to student enrollment. Santa Clara Law had 382 opportunities in 2011 for field placements.

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HANDS-ON LEARNING “Studying for the patent bar led me to law school, for more career choices in IP law. Then I experienced a range of excellent first and second year opportunities—criminal and civil law classes, a judicial internship, the criminal expungement clinic, a workshop series through the Katharine and George Alexander Community Law Center, the Innocence Project, and an internship with the public defender’s office. These made me realize the immense impact the law had on the life of the average person.” —George Atkins ’13, who came to law school with a Master's degree in electrical engineering from U.C. Berkeley, a BSE in electrical engineering from the University of New Mexico, and a BFA in Photography from Cornell

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CHARLES BARRY

Our Externship Program Our Externship program has also grown over the past few years. We provide 225 to 250 domestic field-placements a year, and an additional 100 international field-placements through our Center for Global Law and Policy. Externships allow students to engage in actual legal work in the Bay Area and beyond. Students work with a judge or court, a nonprofit organization, a government agency, a law firm, or an in-house legal department. Externships provide a diversity of practical experiences and a wide range of work assignments that give students exposure to practice areas that interest them. At Santa Clara Law, the vision for our externship programs is to help students gain the benchmark experiences and skills they need to bridge the gap to law practice. Each student works outside the law school and is paired with an experienced practicing attorney, often a fellow Santa Clara Law graduate, who provides supervision, one-on-one instruction, feedback, and evaluation. The student also participates in a faculty-taught concurrent course component. Externs integrate and assimilate the skills learned in the classroom with those acquired in a specialized law placement. Externships allow students to contextualize their knowledge and skills with real world experience, ensuring a high-quality learning experience.


The professional development framework first requires students to understand the skills they will need to succeed as lawyers. There are many ways to organize these skills, and few law school or law firm lists look the same. But there is tremendous overlap, and most would agree on the recurring themes. In the current professional development framework, we have divided the skills into three broad categories: substantive legal skills, including law knowledge, law application, and law expression; practice skills, such as problem solving, practical judgment, and influence and advocacy; and professional skills (sometimes called critical “soft skills”), including professionalism, ethics, leadership, client service, business acumen, and professional development. Next in the professional development framework, we work with students to assess the skills they have, and identify the skills they need and how to develop those specific skills. We provide students with tools for skills assessment, identifying experience benchmarks, self-evaluation, and reflective lawyering. We then help them create a professional development plan. The plan focuses on a S.M.A.R.T. (Specific, Measurable, Achievable, Realistic and Time Bound) objective model for helping students ensure they move forward. They are asked to set concrete, specific learning objectives that can be achieved within the context and time of their externship, as well as to set goals for the future.

The final step of the framework for students is to become more self-directed with a goal toward lifelong learning. We help students understand all the methods available for developing these skills now and throughout their careers: courses and workshops, work experience and assignments, evaluation and feedback, coaching and mentoring, and self-study. To the extent possible, we identify for students the many opportunities within the law school that are available. But we also recognize the reallife experience necessary to acquire and hone the skills they will need for practice. That experience would not be possible without the alumni and community support our students receive, and for that we are eternally grateful.

GIVING LAWYERS PRACTICAL EXPERIENCE “Global companies such as eBay look for lawyers with practical experience and a firm understanding of international legal principles. Santa Clara’s overseas legal internships offer students an unparalleled experience, gaining both practical experience at a firm or in-house in a global setting. Personally, my experience with SCU’s Japan program focused me on intellectual property law, and my internship at Honda’s head office in Tokyo helped pave my road to eBay Inc.” —Scott Shipman, ’99, Associate General Counsel, Global Privacy Leader, eBay Inc.

charles barry

Our Professional Development Framework

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by R i ta Beamish B . A . ’ 7 4

scu tackles

D enis Co ncordel / www. widgic . com

the ethics


Santa Clara Law teams up with the SCU Athletics Department and the Markkula Center for Applied Ethics at SCU to create a new institute focused on sports ethics

of sports Harry Edwards calls it the “collegiate athletic arms race,” a furious competition that reaps billions of dollars from the raw talent of young athletes, consuming schools, families, coaches, boosters, and purveyors of the commercialism running rampant through the amateur sports universe. College sports programs have become “too big to derail,” with ramifications that burrow deep into society, contends Edwards, a former San Jose State athlete and former University of California, Berkeley, sociology professor who has been an advisor on diversity for the three major sports. At a recent Santa Clara University symposium, he and other participants ran down a litany of ills percolating just beneath the daily college scores and play-by-plays: High school hopefuls bulk up to the size of Super Bowl linemen. Million-dollar coaches and conference commissioners hold sway. Head injuries pervade beneath the radar. Under-the-table payments flow between agents, players, schools. The allegations of sexual misconduct by Penn State coach Jerry Sandusky are only the extreme, a “perfect storm” created by a runaway system of sports programs that are seemingly untouchable, with no one willing to challenge them, Edwards told the SCU Symposium on Sports Law and Ethics in Higher Education. At the same time come questions about exploitation of young athletes, whether by companies parlaying their images into video games, or colleges that wink at their academic lapses, or an National Collegiate Athletic Association system Santa Clara University Broncos Junior Forward Keigo Kameya (12) battles Stanford Cardinals Senior Defender Hunter Gorskie (3) during the Santa Clara University Broncos Men Soccer game at Stanford Cagan Stadium in Palo Alto, CA on September 16, 2012. The Broncos won the game 2-1.

that forbids them from professional representation in contract talks with potential future employers. Grueling training and year-round commitment make many schools’ athletic programs amateur in name only, a reality that has prompted calls to upend tradition by paying the players. This unsettling backdrop for today’s amateur sports tableau spills increasingly into the courtrooms. It all adds up to an ethical morass in the college sports universe that Santa Clara has decided to take on through its new Institute of Sports Law and Ethics. The institute, formed to look at both professional and amateur sports, was launched jointly by the Markkula Center for Applied Ethics, the School of Law, and the Department of Athletics and Recreation. Its goal is to highlight ethical issues across the sports genre and encourage standards where none currently exist. “What this represents is an attempt by Santa Clara University to meld the field of sports law with the university’s commitment to do ethical reflection,” said Kirk O. Hanson, director of the Markkula Center. “There’s a perception of a real crisis in the role of sport in American society and the role of sport in college life.”

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C H A R L E S B A R RY

“Sports has lost its moral compass. Amateurism does not exist anymore. Who better to re-create that moral compass than Santa Clara.”

—ron katz, above, Chairman of ISLE and a sports lawyer at the law firm of Manatt, Phelps & Phillips, LLP.

SCU Institute’s Challenge The Institute is taking up the topic of college sports ethics to kick off its work, said Ron Katz, a prominent sports-law attorney and lecturer at Santa Clara Law who is chairman of the Institute. He announced at the Sports Law and Ethics symposium in September that the Institute is convening a task force to delve into the ethics of college athletics. The task force takes no position at the outset but aims to stake out a national leadership role, with a report next year that will include recommendations for ethical standards. “Sports has lost its moral compass. Amateurism does not exist anymore. Who better to re-create that moral compass than Santa Clara,” Katz said. “Ethics is part of our mission here,” added Dan Coonan, SCU’s director of athletics. “There are many sports law institutes across the country but there’s only one that has an ethics component, and that’s Santa Clara. It’s what the university does, and does really well, and it’s the type of thing we should be doing here.” The School of Law’s involvement is apt not only because of its commitment to SCU’s ethics mission, said Dean Donald Polden, but because the pervasiveness of sports law makes it likely that law graduates at some point in their careers will be asked to represent, advise, or inveigh for or against clients or interests confronting sports-related ethical challenges. “A lot of these issues cut across all areas of sports,” he said. 14 santa clara law | fall/winter 2012

The symposium drew more than 200 participants to a day of intense panel discussions featuring former athletes, college administrators, NCAA officials, sports law attorneys, academics, and other experts.

An Amateur World Worth Billions Much of the discussion revolved around the ongoing controversy rooted in the enormous money that permeates amateur sports—namely basketball and football—and whether student athletes who generate billions of dollars in TV deals and commercial revenue for the sports industry should themselves be compensated—the pay-to-play debate. Most schools, Santa Clara included, do not make money from their sports programs. “A small sliver” of the 300 in Division 1 make money, economist Jonathan Orszag said. But the stakes in college athletics are irrefutable in an environment where the NCAA and powerhouse schools make lucrative TV deals to broadcast their games, video games recreate college play, and marketing, promotional, and merchandising deals reap millions. From a legal standpoint, are the players actually “employees,” deserving of a paycheck? Should they make money from marketing their own images, especially when others trade on those same images? Is it fair that they can’t enlist lawyers and agents in contract talks that are crucial to their professional futures, a policy that has attorney-client implications?


charles barry

Above, David Drummond B.A. ’85, Senior Vice President Corporate Development at Google, played varsity football during his undergrad years at SCU.

And, as Hanson added, “Has sports become so important in college culture that we no longer protect the student athlete and we no longer require them to be educated?” New York Times columnist Joe Nocera told the symposium that after in-depth investigation he has concluded, “Amateurism is little more than a pretense to justify a cartel, a cartel that generates billions of dollars on the backs of a free labor force.” He noted that some players meanwhile can barely read, students in name only. Among proposals emerging to pay the athletes, Nocera advocates a minimum salary for all of them and talentbased contracts for those who rise to the top. Intensifying the drumbeat for major reforms, historian Taylor Branch in a lengthy article last year in The Atlantic titled “The Shame of College Sports” compared college athletes to colonial subjects who are unjustly deprived of their constitutional rights to due process.

The Institute will reflect the University’s commitment to a rigorous intellectual and moral inquiry in the field of sports, with a view toward fostering competence, conscience, and compassion in that area of endeavor. Diverse viewpoints will be sought on legal and ethical issues affecting sports, and recognized leaders in this discipline will present their views for the consideration of the greater university community and society as a whole. The Institute will promote reflection on ethical issues as well as calls for action when appropriate, including outreach to youth athletic programs The creation of the Institute of Sports Law and Ethics (ISLE) is important because there are major ethical problems in the field of sports that are not being comprehensively addressed by any institution. The Institute represents a combined effort of the Santa Clara University School of Law, the Markkula Center for Applied Ethics, and the Department of Athletics. This unique partnership will: • Develop and offer high quality educational programming on important and timely issues of law, sports, and competition •

Provide research materials and relevant scholarship on current issues in professional and amateur athletics

Encourage community awareness and support for amateur and professional sports teams

Engage in additional activities that will strengthen sports in the Bay Area

Form task forces to deal with current ethical problems

Sponsor a Scholar-in-Residence at Santa Clara Law on the subject of sports law and ethics

Award an annual cash prize to the person or institution that makes the most significant contribution to the field of sports law and ethics

Sponsor an award ceremony for the above prize, at which the recipient will make a speech about his or her work

Engage in outreach with youth athletic programs on ethical issues.

The Off-Season Anachronism Informing the debate is the dramatic change in the life of the college athlete. “It isn’t the same as the athlete of 20 years ago where you had a season of sport. There’s no such thing as an off-season. It’s a 24-7 athlete,” said Brent Jones, a former Broncos football player who went on to win three Super Bowl rings with the 49ers.

law.scu.edu/sportslaw/ fall/winter 2012 | santa clara law 15


Jones came down on the side of “some approach to acknowledging the athlete’s time and effort in the revenuegenerating sports.” On the other side, opponents of pay-for-play argue that students have the choice to play sports or not; that they are compensated with invaluable training and exposure to future potential employers seeing them play on TV; and that they reap the most valued compensation of all—a college education that for many of them would be unattainable if not for their sports scholarships. Critics say that argument is muted when athletic demands are so consuming that players can’t take advantage of college experiences like study abroad programs, campus activities, nonathlete relationships, or part-time jobs that would keep them from coming up short for everyday necessities. Yet surveys show that the athletes themselves are happy with their college experience overall, said Josephine Potuto, a constitutional law professor at the University of Nebraska who

legiate athletics and higher education share common values and that the keystone to the relationship is the student athlete who resides in both worlds.” Semantics aside, said labor law expert William Gould, “It’s clear that college athletes are employees. The question is what does the student part mean to the equation.” Labor law and courts have established the concept of an employee as someone under the control of an employer, but cases involving students have “muddied the waters,” said Gould, a Stanford law professor emeritus and former chairman of the National Labor Relations Board. In an often-cited 2004 ruling involving student teaching assistants who sought union recognition at Brown University,2 the NLRB said they were not employees under labor law because their primary role, rather than that of employees, was to further education in an academic relationship with Brown. Gould predicted reversal of that decision, and contended it wouldn’t apply to athletes anyway because their activity is not tied to the schools’ education mis-

“To be clear, student athletes are amateurs; intercollegiate athletics is not. The enterprise itself may not be professional, but those employed to administer and coach clearly are.” —WALLACE RENFRO, NCAA VICE PRESIDENT AND SENIOR ADVISOR

has served on NCAA committees. A survey she conducted for the NCAA in 2006 and similar follow-up studies show that some 90 percent of college athletes rate their overall college experience positively. Across gender and sport, she said, “They think what they’re getting now is worth the effort they are putting in.”1 NCAA Vice President and Senior Advisor Wallace Renfro parsed out a distinction between the student athletes and the commercialism that makes money off them. “To be clear, student athletes are amateurs; intercollegiate athletics is not. The enterprise itself may not be professional, but those employed to administer and coach clearly are.”

The Balm of Higher Education? Commercialism increasingly envelops campuses beyond just athletics, Renfro noted. “Making money through commercial activity is not the bane of higher education; it is the balm for soothing the economic stress felt by higher education as government dollars decline, tuition dollars max out, and philanthropic dollars ebb and flow,” he told the symposium. Keeping the players in amateur status is what fosters their ability to compete for attention with the pro leagues, he posited, because people have a “visceral…recognition that intercol16 santa clara law | fall/winter 2012

sion. Gould also said he anticipates more litigation testing the question of student compensation. From a practical standpoint, the prospect of paying student athletes would present an enormous imbroglio for the many schools that subsidize their sports programs. Budget constraints, Title 9 legal complications, and questions of equity among different sports are but a few of the problems foreseen. With some 360 students playing 19 sports, Santa Clara subsidizes two-thirds of the athletic department’s $13 million budget, according to Coonan. The university would almost certainly reject player payments, should the question arise, as not consistent with its mission, he said. SCU basketball, volleyball, soccer, and baseball games are televised on ESPNU and Comcast in deals through the West Coast Conference. The money that comes back to Santa Clara is less than $1 million, he said.

Selling a Likeness Apart from questions about remunerating college athletes for their talents on the field, courtrooms are churning in the hot legal field of publicity rights. In a Division 1 class action lawsuit, former UCLA basketball star Ed O’Bannon and fellow plaintiffs are taking on the NCAA, Electronic Arts Inc., and the


charles barry

From left, Harry Edwards, a former San Jose State athlete and former U.C. Berkeley sociology professor who has served as an advisor on diversity for major sports; Fred Smith, Associate Athletic Director, Development, Santa Clara University; and Ronnie Lott, Hall-of-Fame NFL player who played for the San Francisco 49ers.

Collegiate Licensing Company over rights to their likenesses. Their suit, filed in the federal United States District Court for the Northern District of California, argues that the NCAA violates federal antitrust laws by interfering with athletes’ rights to a share of profits from use of their images in products such as broadcasts, rebroadcasts, and video games licensed by the NCAA and its member schools and conferences. “Our case is that the NCAA and its members are acting as a price-fixing cartel,” Jon King ’92, attorney for the plaintiffs, told the symposium. The NCAA maintains its position on the amateur status of college athletes, who the plaintiffs contend must sign a form giving the NCAA rights to use their images in perpetuity. Two related “right of publicity” class action cases already have produced diametrically opposed rulings on portrayal of college athletes—without use of their names—in video games produced by Electronic Arts. A New Jersey federal court ruled that the First Amendment insulated the company against the right of publicity claim by Rutgers quarterback Ryan Hart. But in a separate case on the same question, a California court found that Arizona State quarterback Sam Keller properly alleged that EA had violated his publicity right. Both cases are now on appeal. As with the issue of paying college players for their athletic endeavors, court decisions on right of publicity cases have the potential to radically transform college sports. For his part, Edwards believes high school students should be allowed to use agents in compensation talks with colleges, as a way of bringing some equity to a system he called “ultimately immoral.”

No Shortage of Issues For SCU’s new Institute, these questions will fuel the effort to get people thinking about the ethics as well as legal aspects of core moral questions facing sports. College sports are just one realm providing grist for the agenda. The Institute’s future envisions explorations of questions around topics such as the performance enhancing drugs that are roiling the professional sports world (with the Bay Area prominently involved), the role of athletes as entertainers or role models, NCAA rules, health and safety in sports, and basic questions about fairness, sportsmanship, kids in sports, and more. “Someone without any ax to grind has to address these issues. We’re going to put everything out there,” said Katz. Patrick Dunkley, Stanford University deputy athletic director and senior university counsel, said the SCU symposium took a needed step in starting to examine ethical issues in sports and where they intersect with the law. “Maybe people will think through these issues at a higher level and try to apply them to do the right thing by the student athlete,” he said. “My guess is everyone walked away from this day thinking about these issues a little differently than when they came.” —Rita Beamish B.A. ’74 is a journalist and author based in San Mateo. 1 fs.ncaa.org/Docs/library/research/student-athlete_experiences/2006/2006_ s-a_experience.pdf 2 cityroom.blogs.nytimes.com/2011/06/20/n-y-u-teaching-assistantsunionization-hopes-get-a-boost/ fall/winter 2012 | santa clara law 17


By D o nald J . P olde n , Dea n , San ta Clara L aw

building the

future A Progress Report on Santa Clara Law’s Strategic Plan We are nearing the end of a very successful semester and I have good progress to report. In the past several issues of the magazine, we have shared our Strategic Plan and its five key goals. Below is an updated progress report that highlights some of our recent major activities and achievements relating to these goals. This is a promising time for Santa Clara Law, and our progress reflects the strong support of our alumni and friends. Gifts to our Strategic Initiatives Fund continue to make possible some of our most critical programs and initiatives that help prepare our students to become successful members of the legal profession.

GOAL: Strengthen the educational program to meet the needs of a changing world It is becoming increasingly obvious that law school students must develop the key skills they will need as lawyers as part of their regular curriculum. Law firms tell us they want our graduates to be “practice ready”; to have well-honed writing and research skills; to have real-life experience gained through externships, working in clinics, and interacting with clients. In this magazine (Page 8) we highlight the expanded externship opportunities available at Santa Clara Law. Another exciting development is that Santa Clara Law and the High Tech Law Institute are creating a new Entrepreneurs’ Law Clinic to provide start-up legal services to entrepreneurs who have a connection with SCU. The clinic, to be launched in May 2013, will help entrepreneurs with entity formation, financing, transactions, and product counseling. Under the supervision of the Clinic Director, students will participate in all aspects of the services. Professor Eric Goldman, Director of the High Tech Law Institute, has high hopes for the project. “This clinic strengthens our ability to prepare students to be 21st century Silicon Valley lawyers,” he says. “The clinic will also create collaboration opportunities with the Business School, the Engineering School, and other parts of Santa Clara University, and it will provide more legal resources for entrepreneurs who are helping create new companies—and new jobs—in California.”

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GOAL: Enroll top students Our entering class is a special group of talented students who were attracted by Santa Clara’s strong reputation and Silicon Valley location. The 199 full-time and 38 part-time students range in age from 21 to 58. Their demographics are very similar to previous years with 46 percent representing minority groups and 46 percent women. Students come from 95 different undergraduate schools and 21 states. Two of our new students, both of whom received full-tuition fellowships for their academic promise, are profiled on Page 4.

GOAL: Hire and retain top scholars We are pleased to welcome three new outstanding scholars to the law school faculty. (See Page 2.) In addition, Santa Clara Law faculty members continue to raise their profiles and that of the school through serious scholarship and their participation in public dialogue. (Some recent faculty activities are highlighted beginning on Page 5.) A good example is Professor Kerry MacIntosh’s new book, Human Cloning: Four Fallacies and Their Legal Consequences, in which she describes the current state of research in animal and human cloning, the psychology surrounding cloning, and the current legal issues and those that will likely have to be addressed in the future. Another recent example is Professor David Sloss’s amicus brief filed with the U.S. Supreme Court in support of petitioners in the Kiobel v. Royal Dutch Petroleum case regarding the Alien Tort Act. To keep abreast of faculty news please visit http://law.scu.edu/ faculty/faculty-spotlight.cfm. You can also follow faculty scholarship through the Heafey Law Library’s Digital Commons, http://digitalcommons.law.scu.edu/facpubs/.


“There is no power in the world quite like the magic of learning that can happen in a classroom. We know that at least three elements are crucial: a talented teacher, receptive students, and a physical space that can properly host the pedagogy. The greatest lectures are lost in the wrong environment, and the most earnest students cannot join the conversation where the architecture impedes it. All of our experience, as well as our best social science, tells us that the context in which we deploy our efforts makes a huge difference in the outcomes we can expect.” —David G. Yosifon Associate Professor, Santa Clara Law

new building, Architect's Rendering by cannon design

GOAL: Collaborate with our communities and constituents Our annual Diversity Gala exemplifies the positive relationship Santa Clara Law has with our community. It is an opportunity for lawyers to form relationships that develop into mentorships, to be assured by representatives from participating organizations that diversity is highly valued, and to recognize the contributions that prominent members of the legal profession have made to further the interest of minority groups. More than 300 people attended the 2012 Diversity Gala to honor the award recipients. On March 18, 2013, Santa Clara Law will be recognizing another extraordinary person as the recipient of the 2012 Katharine & George Alexander Law Prize: Chen Guangcheng, a Chinese lawyer and civil rights activist who worked on human rights issues in rural areas of the People’s Republic of China. He is best known for exposing alleged abuses in official family planning practices, often involving claims of violence and forced abortions. Chen was subject to imprisonment and eventually house arrest before he fled to the U.S. Embassy in Beijing last April. He now resides in New York City with his wife and family.

GOAL: Develop the law school building complex to support our vision of Santa Clara Law’s future It has become increasingly obvious that our last goal is critical to all the others. Our vision is a law campus within the Santa Clara University campus—an integrated law community that will support the interactive teaching and learning that tomorrow’s lawyers need today. The new campus will be much more than buildings. It will offer a sense of place for Santa Clara Law, a place where alumni, attorneys, and the greater community can gather, and a place where our future can unfold. Cannon Design, a nationally renowned architectural firm, has moved forward with the first phase of planning these new facilities. We are pleased to share these graphics showing the placement of our new building and the renovated Bannan Hall and an architectural rendering of the front of the new building. Look for more information on our progress in future issues of Santa Clara Law.

Renovated Bannan Hall New Law School building

Dean Donald Polden, left, and David Tsai ’06, far right, event chair, celebrate with the 2012 honorees at the Santa Clara Law Diversity Gala. Second from left, David Drummond, representing Google, Inc., Andrew A. Vu ’93, and The Honorable Phyllis J. Hamilton ’76.

Santa Clara Law on the map New building in place of Heafey Law Library and a renovated Bannan Hall. Illustration by Cannon Design.

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By susa n m o o re B . S . ’ 8 6

SaNTa CLara LaW

reUNioN weekend

1

Emily Andrews ’07 was among more than 350 alumni and guests who returned to campus to enjoy a variety of events during the Law Reunion Weekend. “It was enjoyable to be able to gather with multiple generations of graduates so that the achievements of all could be celebrated and strived for at once,” Andrews said. Events on Saturday began with a special Dean’s Circle breakfast, followed by a “Supreme Discussions” CLE presentation featuring three outstanding law professors who discussed the latest United States Supreme Court decisions. Panelists included Colleen Chien (intellectual property rulings), Pratheepan “Deep” Gulasekaram (immigration law), and Bradley Joondeph (health care reform). The session was moderated by Dean Donald Polden. A Luau Luncheon honored alumni from the Class of 1962 and members of the Ruffo Society. Afternoon sessions included presentations by Philip L. Gregory ’80, “How to Avoid Being Victimized by Ponzi Schemes,” and Howard Peters ’78, “Chocolate—Food of the Gods.” In addition,

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attendees heard a report on the future of the law school from Dean Polden, along with Assistant Dean Trevin Hartwell. Reunion volunteers joined the Dean for a champagne toast before the Alumni Reception and Reunion Dinners. “My 40-year reunion was the first I’ve ever attended,” said Bob Hales ’72. “It was wonderful to see so many classmates and to reminisce about our law school days. I’m already looking forward to our 45th!” Fr. Goda offered a beautiful liturgy Sunday morning in the Jesuit Residence Chapel, and the weekend events concluded with a lively Jazz Brunch.

SAVE THE DATE FOR 2013 REUNION! Does your class year end in 3 or 8? Mark your calendar now for your next law reunion: September 7–8, 2013. If you are interested in serving on your reunion committee, please contact Susan Moore in the Law Alumni Office: (408) 551-1763 or samoore@scu.edu

N AN C Y M A RT IN PH O T O G R A PH Y

N AN C Y M A RT IN PH O T O G R A PH Y

September 8-9, 2012


NA NC Y M ARTI N P H OTO GRA P HY

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N A N C Y M A RT IN PH O T O G R AP H Y

NA NC Y M ARTI N P H OTO GRA P HY

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S TE PHA NIE (AL ONZO ) R OS A S B . S .C. ’ 9 6

N A N C Y M A RT I N P H O T O GR AP H Y

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N AN C Y M A RT IN PH O T O G R A PH Y

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1. Left to right: Suzanne Farley ’07, Emily Andrews ’07 and Jessica Williams ’07; 2. Dean's Reception for Reunion Volunteers, left to right: Peter Califano ’87, Assistant Dean Trevin Hartwell, Marisa Huber ’07, and Subroto Bose '02; 3. Bob Hales ’72 and Joan Hales; 4. “Raccoons” from the Class of 1977. Top row, left to right: Bill Haggerty, The Honorable David R. Lampe, The Honorable Thomas F. Neville, Neil Gunny; Bottom row, left to right: Phillip Griego, Bob Schuchard, Jay Angelo, John Schmocker, Greg Douglass, Jim Gunderson, The Honorable Anthony A. Anderson, and Guy Stephenson; 5. Bonnie MacNaughton ’82 and Molly Long ’82; 6. Paul Goda, S.J.; 7. Left to right: Mike Bauernfeind ’72, Linda Durham, The Honorable Robert D. Durham ’72; 8. Bill Haggerty ’77, Dean Donald Polden, and Neil Gunny ’77 enjoy the Luau Luncheon.

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HO N O R RO L L O F D O N OR S

Donors Help Santa Clara Law Educate Future Lawyers Who Lead Our mission of educating lawyers who lead continues to remain strong as a result of the generosity from our Santa Clara Law community. The Law Strategic Initiatives Fund provides the financial resources needed to sustain the school’s most critical programs and to launch initiatives that will better prepare our students for the challenges of tomorrow’s workplace. Thank you to our alumni, faculty, staff, and friends for your generous support of the Law Strategic Initiatives Fund and all programs at Santa Clara Law. Our donors listed below are for fiscal year July 1, 2011, through June 30, 2012. We apologize for any inaccuracies and request your corrections be sent to LawAlumni@scu.edu, or contact the Law Alumni Office at 408-551-1748.

$25,000 and higher Anderson, Ogilvie & Brewer LLP William Brady Chavey & Gertler LLP Cooley, LLP Adrian and Anne Dollard Fidelity Charitable Gift Fund Colin Gerbode Omar Habbas ’85L and Rio Habbas Kenneth and Elaine Langone Law Offices of Habbas & Associates Don Listwin Listwin Family Foundation William and Inez Mabie Family Foundation Ron Malone ’71L and Sara Malone The McKay Family Trust Robert Parsons The Parsons Foundation Frank and Denise Quattrone Frank and Denise Quattrone Family Foundation Saveri & Saveri, Inc. Silicon Valley Community Foundation Silicon Valley Campaign for Legal Services Simpluris, Inc. Elizabeth Sutro

$10,000–$24,999 Anonymous Arleo Law Firm PLC Bank of America Corporation Bank of New York Mellon Blakely, Sokoloff, Taylor & Zafman LLP George and Danielle Boutros Thomas and Polly Bredt William Campbell

The Campbell Family Foundation Victor Castello ’76U and Debbie Castello ’75U Charles Schwab Corporation Clyde & CIE Canada S.E.N.C.R.L. John Donahoe eBay David Friedman Patrick Gibbs ’91U and Sarah Gibbs Girardi & Keese Stella B. Gross Charitable Trust Isam Habbas ’80U and Yasmin Al-abdulrazak Sarah Habbas ’15U The Honorable Thomas P. Hansen ’67L and Kristeen Hansen Hertiage Education, Inc. Julie Johns Ledford ’03L Ronald Katz and Elizabeth Roth Kilpatrick Townsend & Stockton LLP Richard and Kathryn Kimball Andrew Ludwick Manatt, Phelps & Phillips, LLP Will and Emery McDermott The Honorable Edward A. Panelli ’53U, ’55L, ’86H and Lorna Panelli Skip Paul ’75L Qatalyst Partners Samuel and Betsy Reeves The Reveas Foundation Greg and Penny Reyes TJ and Valeta Rodgers The Santa Rita Foundation Schwegman, Lundberg & Woessner, P.A. Tahoe Truckee Community Foundation Avram Tucker and Dianne Bostick Ken Goldman and Sue Valeriote ’77U Dan Warmenhoven ’07H and Charmaine Warmenhoven ’07H

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The Dean’s Circle The Dean’s Circle honors our alumni and friends who demonstrate their commitment to Santa Clara Law by contributing $1,000 or more annually. Dean’s Circle Associate Members will be honored for their annual contributions at the following levels: Dean’s Circle Associates* Classes 2003-2007: $500 or more Classes 2008-2011: $250 or more Class of 2012: $50 or more

Wilson Sonsini Goodrich & Rosati Art Lund and Agnieszka Winkler ’81B

$5,000–$9,999 Bonnie Addario Adobe Systems, Inc. Fred and Marilyn Anderson Ayco Charitable Foundation Azure Capital Partners Nancy Baker Bingham McCutchen LLP Mark Bonino ’76L and Dianne Bonino’76U The Capital Group Companies, Inc. Capitial Guardian Trust Company Michael Krautkramer and Dorian Daley ’86L Joseph Ronan and Colleen Davies-Ronan ’83L Davis Polk & Wardwell Dennis DeBroeck and Nancy Heinen Thomas DeFilipps and Ann Baskins Timothy and Melissa Draper The Draper Foundation Meghan Dunham Ricardo Echeverria ’93L Ellis Law Group LLP Judy Estrin Mike and Mary Ellen Fox Paul and Barbara Gentzkow Fred Gonzalez ’71U, ’73B, ’77L and Leota Gonzalez Greenberg Traurig, LLP Sal Gutierrez and Mary Anderson Joan Hackworth Hagens Berman Sobol Shapiro LLP Lisa Handley Hausfeld, LLP Keare-Hodge Family Foundation, Inc. Keker & Van Nest LLP

William and Mary Kelly William and Jaynie Kind Krishnan-Shah Family Foundation Lousie Laraway Teal Foundation Paul “Chip” Lion ’82L and Mary Cunneen Lion ’81U, ’91B David Grunbaum and Molly Long ’79U, ’82L, ’85B Ronnie Lott ’04H Stan McKee Orrick, Herrington, Sutcliffe Foundation Donald and Susan Polden John Prendergast and Marlene Prendergast ’79L Robert Half International Inc. Mendel Rosenblum and Diane Greene Gregory and Martha Ryan Kenneth Schroeder and Frances Codispoti Ajay Shah and Lata Krishnan Shah Shearman & Sterling LLP Shernoff Bidart Echeverria LLP Leonard Shustek and Donna Dubinsky Ruth Silver-Taube ’93L Skadden, Arps, Slate, Meagher & Flom The United Way of the Bay Area Wendell and Eddi Van Auken Peter and Gerri Wendel Wilson Sonsini Goodrich & Rosati Foundation Gordon Yamate ’80L and Deborah Shiba Zelle, Hofmann, Voelbel & Mason LLP Elizabeth Zitrin


$2,500–$4,999 American Trust & Savings Bank Bill Amon ’71U, ’74L and Kristine Amon Anonymous Arnold & Porter, LLP Asset Management Company Simao Avila ’83L Harris Barton Eric Bathen ’73L and Pat Bathen ’73U Bay 101 Berliner Cohen Angelo Calfo ’86L Champion Charities Elliott Chielpegian ’57U, ’60L and Agnes Chielpegian George Clause ’75U, ’79L and Kristen Clause ’79U Gordon and Carolyn Davidson Molly Del Toro Morteza and Stephanie Ejabat William and Mary Jane Elmore The Honorable James C. Emerson ’73L Shelly Emerson ’75L Farella, Braun & Martel Fenwick & West LLP First Republic Bank Mary Ellen and Michael E. Fox Family Foundation Norma Harrison Ken Haussman Hayes Scott Bonino Ellingson & McLay LLP John Hollway Hollway Advisory Services, Inc. Michael Hood and Mary Dullea Hood ’70U, ’75L Intel Corporation JAMS Franklin Johnson and Catherine Johnson ’79B Stephen Jonas Sharanjit Kali Rai Carol Kaufman Dan Kelly ’69L and Carole Kelly Kelly Family Trust John and Jill Kispert Paul Kranhold Thomas Lehrer Scott Macey ’75L and Linda Macey William McLucas Microsoft Matching Gift Program Suruchi Mohan Morrison & Foerster Foundation Northern Trust Bank Steve Pahl ’80L and Louise Pahl Pahl & McCay The Honorable Rise R. Pichon ’73U, ’76L and Ulysses Pichon Nikki Pope ’04L Andrew and Debra Rachleff Sard Verbinnen & Co. Stephen Schwarz Steve Scott ’75L and Sally Scott Patricia C. Shields Revocable Trust Simpson Thacher & Bartlett LLP James and Catherine Sims Larry and Jane Solomon Jack Sunday Tracy Auto Land LLC Brian Underwood and Carol Blacutt-Underwood ’96L

Union Bank Wilmer Cutler Pickering Hale and Dorr LLP Zitrin Foundation

$1,000–$2,499 Ronald and Jeryl Abelmann Jeffrey Acton ’98L Edmund Allen ’58U, 63L and Geraldine Allen Jon Anderson and Dorothy Glancy Anonymous Brian Augusta ’99L Al Auyeung ’90L and Edyth Auyeung Georgia Bacil ’79L Baker Botts LLP Ned Barnholt ’05H and Jimi Barnholt Richard and Madé Berg Heinz Binder ’79L and Theresia Binder ’79U Bonhams & Butterfields Borel Private Bank & Trust Subroto Bose ’02L and Rina Bose John and Sally Bourgoin Peter Boutin ’75L and Suzanne Boutin ’75L Aldo Branch ’85L and Diane Branch Dennis Brown ’86L and Kristen Brown Rob Buechel ’86L and Joan Buechel Henry Butler Jon Campisi ’63U, ’69L and Colleen Campisi Cole Cannon ’72L and Bobbie Cannon The Capital Group Companies Charitable Foundation Dick Caputo ’53U, ’56L and Janet Caputo Sarah Catz ’80L Charitable Auto Resources Inc. Margarita Chavez-Tatro ’94U, ’97L Chevron Corporation Bruce Chizen Chizen Family Foundation Frederick Choi ’97L The Honorable Darryl Y. Choy ’72L and Thalia Choy Clark Trucking Service, Inc. Barrett Cohn ’01L, ’01B Rodger Cole ’95L and Kathy Cole Cathleen Colgan Terry Conner ’76U, ’79L and Jeanine Lima Conner ’81U John Coppinger ’77U, ’81L and Elizabeth Harris ’86L John Corrigan and Janet Craycroft Corrigan ’90L Peter Craigie ’77U, ’81L and Conna McCarthy ’79U, ’82L Gary Cripe ’77L and Catherine Cripe Dick Cunha ’68U, ’73L and Sandra Kcayocca-Cunha Michael Dachs ’08U, ’11L The Honorable Raymond J. Davilla Jr. ’69U, ’72L and Mary Davilla John and Claire Davis Joe De Briyn ’70U, ’73L and Mary Anne De Briyn Susan Devencenzi ’83L DLA Piper US LLP Don and Barbara Dodson William Donahoe and M. Klein

Frank Doyle ’71U and Nancy Fahrner Doyle ’72U Connie Epperson-Lee The Eucalyptus Foundation Barbara Fargo G. Michelle Ferreira ’95L Jeff Ferriell ’78L Donald Field Warren Finch Bob Finocchio ’50U and Ginny Finocchio Bob Finocchio ’73U and Susan Finocchio The Honorable Robert M. Foley ’65U, 68L and Dr. Tina Foley Michael Fox Nora Frimann ’79L Steve Gaddis ’73L and Susan Gaddis ’72U Bill Galliani ’90L and Carolyn Galliani Arthur Gemmell ’05L and Barbara Gemmell George Mason University Foundation, Inc. Gary Giannini ’61U, ’64L and Susan Giannini Jean Gill Michael Giomi ’76U, ’81B, ’81L and Rita Shelly Giomi ’82L Bill Glennon ’66L and Sue Glennon Thomas Goldstein Philip Gregory ’80B, ’80L The Honorable Adrienne M. Grover ’90L Jan Hales ’86L Joshua Hamilton ’98L Anna Han Jill Hanau ’81L The Honorable Ronald W. Hansen ’69U, ’72L and Kathryn Verhaegen Hansen Sharon Hartmann Chris Healey ’77U, ’81L and Tracy Healey Thomas Hogan ’85L and Carol Hogan The Honorable Jeffrey P. Holl ’80B, ’80L Andrew Holland ’01L, ’05B The Honorable Carl W. Holm ’72L Holm Jensen Law LLC Paula Holm Jensen ’94L Hopkins & Carley, ALC John Hopkins and Valerie Rosenkrant Hopkins ’84C Stephen and Colleen Hudgens Mike Isaacs ’81L and Dawn Isaacs John and Karin Jelavich The Jesuit Community at SCU Rebecca Jones ’83U, ’87L Chris Jordan ’06L and Susie Jordan Wayne Jordan and M. Quinn Delaney Michael Kahn Marylou Karp ’83L Kurt Kawafuchi ’83L, ’84B Steven Kazan Donald Kendall Mitchell and Julie Kertzman Robert Klein ’14L and Yang Cho Michael Kresser and Darby Siempelkamp Lawrence Kuechler Frank and Viola Kung ’00L Law Offices of Eric Bathen

Law Offices of Gerald E. Moore & Assoc. Law Offices of Michael D. Thamer The Honorable Mary J. Levinger ’73L Littler Mendelson, APC Haywood Gilliam and Estela Lopez ’97L Leslie Lopez ’87L Ed Lozowicki ’69L and Valerie Massa Lozowicki ’69U Timothy Lundell ’75L and Penelope O’Neill Mark Makiewicz ’90B, ’90L Bill Malcolm ’82U, ’85L and Severina Malcolm ’82U Marin Community Foundation David and Lori Marquardt Jim Martin ’78L and Jennifer Martin The Page & Otto Marx, Jr. Foundation MBD Foundation Michael McCaw ’79L and Candace McCaw Gary McGowan ’77L Robert McIntosh Terry McMahon ’72U, ’76L and Cynthia McMahon ’74U, ’79C Dennis McNerney ’66U, ’69L and Joan McNerney ’67U Jason Mendelson ’08L, ’09B and Megan Rible Mendelson Stan and Sharon Meresman George Meyer ’90L Wendy Meyer Forrest and Cynthia Miller Gerald Moore ’97L and Erin Moore Morgan, Lewis & Bockius Morrison & Foerster LLP National Philanthropic Trust Natter Family Foundation New York Life Insurance Company Frank Nguyen ’94L and Van Nguyen Edward and Lee Nigro Nigro Inc. North Point Trust Company, LLC Clyde Ogata ’92L Karen O’Kasey ’86L Peggy O’Laughlin ’85L Pat O’Laughlin ’73L Tony Oliver ’51U, ’53L Ralph Pais ’75L and Gayl Huston Alexandra Pantazis Paul, Weiss, Rifkind, Wharton & Garrison Perkins Coie LLP Sonja Perkins Howard Peters ’78L and Sally Peters Robert and Bonnie Peterson Andrew Pierce and Margalynne Armstrong The Honorable George L. Pifer ’68L and Helen Pifer Robert Pinsker ’95L Art Plank ’76L Pluris Valuation Advisors, LLC Poorman-Hoyt-Stratford Foundation Jim Quillinan ’74L Thomas Raffin Ben Reese ’71L and Carol Reese Tonia Riviello The Honorable Bridget Robb Peck ’87L Peter Robinson ’77L Tom Romig ’80L and Pamela Romig Charles Rothschild and Susan Rothschild ’03L

fall/winter 2012 | santa clara law 23


HO N O R RO L L O F D O N OR S

Philip Jimenez and Srinoi Rousseau ’83L, ’83B David and Barbara Roux John Schlosser ’80L and Mary Schlosser Tim Schmal ’82L and Judy Schmal Tom Schneck ’61U, ’71L and Patricia Schneck Andrew Shaffer ’95L and Jennifer Shaffer Michael Shea ’83U, ’86L Mike Shea ’59U, ’65L and Phyllis Shea Shea & Shea Gerald Shipsey ’51L John and Janet Simonson South Dakota Trust Company, LLC Leo Spiegel Bill Spruance ’68L and Florence Spruance Emmett Stanton ’78L and Marion Johnson Stanton ’78L Stifel Nicolaus The Honorable James Stoelker ’71U, ’74L and Joan Stoelker ’71U David Blake and Carol Stratford ’95L Rodney Strickland ’92L Dennis and Margie Sullivan John and Loulie Sutro Kimberley Talbot-Pfeiler Michael Thamer ’81L and Lynn Thamer Thoits, Love, Hershberger & McLean Michael Torpey ’77L and Margaret Torpey Amy Trieble David Tsai ’06L Douglas Uchikura ’77L and Maris Uchikura Gerald and Martha Uelmen James W. Vernon and The Honorable Page H. Vernon ’81L Jeffrey Walter ’74L and Valerie Pistole Walter ’75L Rick Watters ’73L and Diane Watters Wealthplan Theodore and Nina Wells Marc and Teresa West Terrance West and Deborah Moss-West ’94L Ed and Patti White ’78L Stephanie Wildman Jack Williams ’65L and Kay Williams John Williams, Mediator Eric Wright and Nancy Wright ’80L Atom Yee and Amy Yee ’79L The Honorable Robert B. Yonts Jr. ’63U, ’68L and Bjorg Yonts Michelle Zaccone ’97L Michael A. Zampelli, S.J. ’92J Xerox Corporation

$500–$999 Kyong Ahn ’85L and Hyo Ahn David Ai ’12L* Fred Alvarez and Beth McLellan Alvarez ’79L Cristina Arguedas Allen and Michele Asch Backhouse Fiduciary Services Christine Backhouse

Barulich Dugoni Law Group, Inc. Nancy Battel ’85L, ’86B Kevin Bedolla ’73U, ’76L and Deborah Bedolla Berger Lewis Accountancy Corporation Michael Bien Binder & Malter, LLP The Honorable Franklin E. Bondonno Jr. ’70L Bonora D’Andrea, LLC Beth Bonora The Honorable Joan S. Brennan ’73L Patricia Cain Robert Cain Eduardo Calvo ’81L Edward and Marylee Cannizzaro Dirk and Colleen Chien Helen Christakos Paul Coghlan The Honorable Paul C. Cole ’74L and Linda Cole Crist, Biorn, Shepherd, Roskoph Larry and Sonia Crume Barbara Dalton Judy Darretta ’86L Kelly Dermody Devcon Construction Rajiv Dharnidarka ’04L* and Ida Dharnidharka Barbara DiFranza ’75L Leonard Distaso ’79L Pam Dougherty ’01L Ben Dupre ’03L* David Eaton ’08L* and Janet Eaton Mary Feldman ’00L Tom Ferrito ’68L and Pauline Ferrito Fiduciary Truest Company International Gary Filizetti ’67U, ’69B and Julie Filizetti John Foderaro Sara Folchi ’00U Amy Forbes Bob Foster Fredrickson Mazeika & Grant LLP Gregory Gallo Kathleen Shannon Glancy ’80L The Honorable Robert A. Glusman ’76L William Gomez and Sue Gomez ’00L Tim Grant ’84L Donald Greenberg Harlan Grossman Russ and Deborah Hall Deborah Hall Bill Harmon ’88U, ’95B, ’95L and Cristy Chapman Harmon ’95L Birt Harvey Paul Hickman ’83L Bret Hillman ’85L and Tamara Hillman Richard Hluchan ’74L and Deborah Hluchan The Honorable Eugene M. Hyman ’77L Intel Foundation Lynn Johnson Nancy Johnson ’83L Paige Kaneb Barry Karl Brandon Kimura ’05L* Ellen Kreitzberg Andy Kryder ’74U, ’77B, ’77L and Joselle Kryder The Law Firm of Rusconi Foster Thomas Law Corp of Robert D. Peterson Chilton Lee ’73L and Nancy Lee Dr. Richard Leo

24 santa clara law | fall/winter 2012

Oz Levia ’10L* William Locke-Paddon ’67L and Terry Locke-Paddon Teresa Lord Mark Magner and Wendy Hawkins Jerry Mar and Linda Mar ’83L Carol Marks Scott Maurer ’95L Dennis McBride ’80 and Lori McBride The Honorable JoAnne McCracken ’86L The Honorable John S. McInerny ’49U, ’54L and Audrey McInerny Richard and Jessica Millard Donelle Morgan ’79L Jamie Nash Paul Nesse ’71L and Eden Nesse Gary Neustadter and Patty Rauch-Neustadter ’87L Ann Nguyen Robert Nuddleman ’97L and Lydia Carlsgaard ’97L O’Melveny & Myers Gary O’Neill ’78L and Patricia O’Neill ’74U The Honorable Philip H. Pennypacker ’72L and Jean Pennypacker Perpetual Pepperoni Inc. Donna Perry ’00L The Steve Perry Foundation Robert Peterson ’69L James Dixon and Rolanda Pierre-Dixon ’80L Bradley Post Janet Potts ’78L QF Trust RBC Wealth Management Ramon Rhymes ’01L Cookie Ridolfi Riordan & Horgan Diane Ritchie Sandra Rocca ’07L* Rosen, Bien & Galvan, LLP Richard and Esther Rosenfield Rosies & Posies Downtown Florist Karen Rudolph ’93L Kathleen Rydar Sagacious Salami Inc. The Honorable Gregory H. Saldivar ’74U, ’77L and Toni Saldivar The San Francisco Foundation David Sandino ’84L Judy Scally ’85L Mark Schnurle ’81L Bob Schuchard ’77L and Alison Edwards The Honorable G. J. Scott Jr. ’75L and Ildiko Scott Basil Shiber ’89L and Jane Shiber The Honorable Jerome A. Smith ’58U, ’65L Jean Snyder Luz Solis ’92L Neville Spadafore ’75L and Sally Spadafore Stephen Sperber and Roberta Silverstein Nick Steiner ’00U and Melissa Tronquet ’04L Steyer, Lowenthal, Boodrookas, Alvarev & Smith, LLP Allan and Margaret Steyer

Donald and Linda Sue Strand Gene Studer ’77L and Nancy Studer The Honorable Donald J. Sullivan ’68U, ’71L and Genevieve Blaise-Sullivan Salvatore Suniga and Gail Johnson Suniga ’81B, ’81L Ralph Swanson ’75L Robert Plaschke and Elizabeth Tweedie Plaschke ’90L Bob Uemura ’80L Bart Volkmer ’02L* and Lan Nguyen ’01U, ’04C Whittier Trust Company Mark Wood ’64U and Sharon Wood

$250–$499 ACI Bruce Allen ’73L and Doral Allen Ed Alvarez ’60U, ’65L and Nina Alvarez ’88U America’s Charities Anonymous Douglas Ardley ’95L Sofia Arizpe ’81L Alisa Baker Barbara Banoff ’73L William Bassett ’70L Helen Baumann ’68U Baumann & Hurlimann LLP Larry Bennett ’04L Tony Bennetti ’71L and Barbara Bennetti Matthew Biren Richard and Jacqueline Boberg Alayne Bolster ’83B Kent Bossange and Anne Bossange ’90L Burr Pilger Mayer, Inc. Frank Burriesci ’56L Victoria Burton-Burke ’82L Charlotte Caldwell Paul Caputo ’84U, ’88L and Lisa Caputo ’89U, ’92L Carr, McClellan, Ingersoll, Thompson & Horn Cartwright, Scruggs, Fulton & Walther Maria Arizpe Castaneda Benigna Castillo Diana Castillo ’89U George Chadwick ’87L The Honorable James H. Chang ’66L and Shirley Chang Chen-Yao Chang ’95L Yuan Chao ’87L and Helen Chao Caroline Chen ’04U Kathryn Chow Han ’01L Gloria Chun-Hoo Jim Clevenger ’51L and Patricia Clevenger Frank and Laurel Conte Michaeline Correa ’01L Ronald Croen George Crothall ’94U and Amber Smith Crothall ’94U, ’03L Peter Cruz ’02L Jan Cummings ’04L Alexis Curotto ’94L and Kinh Mai Melissa Davidson ’96L James Dawson ’76L Shari Del Carlo Adrienne Dell Martin Dermer ’75L Joseph Dermer ’05L James Dirks


Janice Dong John Doyle ’75U, ’78L and Mary Schlotterbeck Doyle ’79U Larry Duke Pete Dunbar ’82U and Rosanne Dunbar Aaron Dutra ’01L James Dutton ’76L Richard Ehernberger ’69U, ’72L Marc Eisenhart ’96L and Maria Eisenhart Douglas Faber and Betsy Howe Faber ’83L Gene Feltz ’51L and Betty Feltz Ferrari, Ottoboni, Caputo & Wunderling, LLP Financial Architects Partners Greg Finn ’79U, ’88B and Karen Lawson Finn ’80U John Finnick ’82L and Kathleen Hegen ’82L Brian Foster ’00U Dennis Fox and Monica Heede Fox ’84U Fremont Bank Louis and Robin Fries GE Foundation Fredrick Geibel and Margaret Michaels Geibel Peter Golcher ’08L* and Michelle Waters Marjory Goldberg ’89L Michael and Jo Golub Roger Gray and Marian Johnson Gray Mark Guidotti ’97L and Susan Guidotti Ralph and Lyn Haber Kara Hagen ’99L The Honorable Phillis J. Hamilton ’76L, ’08H Al Hammond and Linda Darling-Hammond Wendy Hannum ’83L Jean Harris ’84L Andre Harrison ’96L and Rosie Harrison The Honorable Larry E. Hayes ’80L and Lane Hayes The Honorable Michael J. Heavey ’76L Bob Heywood ’75L and Carolyn Heywood Gerald Hrycyszyn ’03L Vicki Huebner Michael Hughes ’77L Mark Hyde ’74L and Victoria Hyde Dori Rose Inda ’00L Jeffrey Janoff ’82L and Kathryn Gilmore Janoff ’81U, ’85A J. Michael Johnson and Beth Leitereg Johnson ’89L Tom Kaneb Gary and Kristine Kaprielian Peter Kezirian and Michelle Janigan Kezirian ’96L Tom Klein Al Knorp ’60L Edward Kwok ’89L and Irene Kwok ’89B Bradley Lambert Law Foundation of Silicon Valley Law Offices of Charles Sevilla Jeff Levinson ’79L and Nancy Levinson

Sal Liccardo ’56U, ’61L and Laura Liccardo Gregory Lopez ’97L Gregory Lynch ’85L Julie Malekhedayat John Manoogian ’74L and Judith Manoogian Marsh & McLennan Companies Luke McCarthy ’74L and Lynn McCarthy Steve McCray ’79L Steve McElfresh ’92L Sandra McIntosh ’84L Donald McNeil Alice Mead ’80L Paul Miller ’77L and Corine Miller Edward Mills ’76L Elisabeth Mineta ’88L Courtney Minick ’06L Mohler, Nixon & Williams Kyron Motton New York Life Foundation Dennis Nino ’73L The Honorable Daniel T. Nishigaya ’95L and Daisy Altamore Nishigaya ’96L Dante Nomellini ’93U, ’96L John Orr ’73L and Stephanie Orr Matthew Osborne ’94L and Karen Osborne Cynthia Oshiro ’91L Frederick and Joanne O’Such Chuck Packer ’79L, ’80B and Joan Packer Steven Pavlidakis and Marilla Ronald ’90L Christine Peek ’04L Perhisho Tombor Ramirez Filler & Brown, PC Charles Perkins ’86L James and Nancy Petro John Picone ’96L and Maureen McCormick Anthony Pinelli ’83L and Margaret Pinelli Jeff Pollock Cheryl Poncini ’75L Marilyn Proffitt John Prokey ’95U, ’99L Public Interest Investigations, Inc. Luther Pugh Erica Pun ’08L* Mary Ann Quattrone Jose Ramirez Eugenio Ramos ’08L* Ramsbacher Prokey LLP Lee Raney Christopher Rasmussen ’75L and Louise Rasmussen Jill Ratner Noreen Raza ’90L Bruce Reynolds’78U, 81L Wendy Richards Tim Ritchie Archie Robinson Rich Roggia ’69U, 72L and Deirdre Roggia Nora Romero Danella Rugile ’11L* Sandy Russo David Saffren and Julie Saffren ’02L Joe Santana ’48U, ’50L and Terry Santana The Honorable H. Lee Sarokin and Marjorie Sarokin

Hank Scherf and Vicki Sanders Frank Schmitz ’76L Christopher Schumb ’84L and Jill Schumb Amitai Schwartz Paul Seidel ’80U and Sylvia Rios Seidel ’89L Chuck Sevilla ’69L Harry Shulman ’74L Lou Silver ’77L and Roberta Greenberg Daniel Simon Al Smith ’63L Courtney Smith ’10L* Mark Solomon ’75L Revo Somersille South Asian Bar Association of Northern California Gregory Spiering ’82L and The Honorable Lynne Meredith ’82L Steven and Diane Spitts The Stone Church of Willow Glen Andy Stroud ’86L and Shelly Stroud Doris Suh ’91L Fabiola Suwanto ’92B, ’92L Ronda Swenson Earle Sylva ’68U, ’81L Judith Szepesi ’93U, ’96L Ray Tabar ’80L and Donnell Tabar Stuart Taylor Temmerman, Cilley & Kohlmann, LLP Marjolie Thomas Mike Turbow and Ellen Turbow ’76L Bill Van Cleve and Diana Sutton Van Cleve ’81L Sriranga Veeraraghavan ’07L Bernie Vogel ’51U, ’56L Arthur Wachtel Jim Wagoner ’73L and Wendy Lloyd Joan Wakeley ’82L Willie and Cathy Walker Chris Waters Watsonville Law Center Suzanne Weber Barry Weiss ’74L Mark Whiteley William Woodward Howard Zeprun Note: The names of deceased donors are italicized.

Class of 2012 Dean’s Circle Associates Thank you to members of the most recent graduating class for their gifts this past year. Many were elevated to Dean’s Circle Associate* thanks to matching grant support from Alumni Board members, Professor Peter Wendel, and an anonymous donor. We are grateful for this tremendous support. Nicole Bartz ’12L* Martin Behn ’12L* Rachel Brown ’12L* Luci Buda ’12L* Katherine Burns ’12L* Kevin Carey ’12L* Matthew Clendenin ’12L* Christopher Dombrowski ’12L* John Dombrowski ’12L* Samuel Forbes-Roberts ’12L* Eric Foster ’12L* Mary Fox ’12L* Patrick Galligan ’12L* Jennifer Gee ’12L* Nicole Hess ’12L* Chelsea Hopkins ’12L* Teri Karobonik ’12L* Paul Keating ’12L* Amy Kennedy ’12L* Sebrey Kimgacioghu ’12L* Han Kim ’12L* Cheri Kramer ’12L* Lily Yue Li ’12L* Eric Lightman ’12L* Jennifer MacArthur ’12L* Christopher Mickols ’12L* Darrin Ng ’12L* Christopher Nichols ’12L* Darryl Ong ’12L* Edward Perez ’12L* Shannon Reed ’12L* Ralph Robles ’12L* Chandra Shih ’12L* Christina Shull ’12L* Gurtej Singh ’12L* Lisa Smith ’12L* Molly Sundstrom ’12L* Elizabeth Threlkeld ’12L* John Thyken ’12L* Phung Truong ’12L* Gabriela Tunzi ’12L* Jeremy Valentiner ’12L* Katharine White ’12L* *=Dean’s Circle Associate

fall/winter 2012 | santa clara law 25


Class Action STE P HANIE (ALO NZ O) ROSAS B. s.C. ’96

Alumni 70 Bruce Bottini is a trial

lawyer in Portland, Ore., specializing in personal injury law. He practices with his wife, Marianne, and his son, John. Paul Kemp is a personal injury attorney in San Jose. He and his wife, Amy ’01, have two children still at home. He is also the owner and winemaker of Loma Prieta Winery in the Santa Cruz Mountains.

72 Phillip Nielsen writes:

“My son, Jeffrey, passed the California Bar Exam and now practices with me in San Jose. Our practice emphasizes estate planning, trust and probate administration, and business transactions.”

73 Mitch Lyons has start-

ed a statewide organization to promote social–emotional learning (SEL) in all public schools in Massachusetts,

with a website at www .SEL4Mass.org. The purpose of SEL is to teach children how to manage their emotions, have long-lasting relationships, and achieve in all areas of life.

75 Timothy Dixon is an

associate professor of history and legal studies at Nova Southeastern University in Fort Lauderdale–Davie, Fla. He received an M.A. in history from the University of Alabama. He has coauthored two books, one a history of federal courts in Alabama, the other a history of the Alabama Supreme Court. Richard DuBois was appointed to be a judge on the San Mateo County Superior Court. Previously, he had been a family law commissioner for the court, since 2002. He was in private practice for many years, as a partner at DuBois and Kelly and at Nudelman and DuBois, and as an associate

26 santa clara law | fall/winter 2012

attorney at the Law Offices of George P. Eshoo. Mary Hood B.A. ’70 is director of the Heafey Law Library. For the law school’s centennial, she compiled a bibliography of law faculty scholarship: Santa Clara Law: A Century of Santa Clara Law Faculty Publications, 1911–2010. It can be found online at Santa Clara Law Digital Commons.

76 The Honorable Risë

Jones Pichon, a judge on the Santa Clara County Superior Court, and Van Dang ’86, vice president of law and deputy general counsel at Cisco Systems, were named Women of Influence by the Silicon Valley/San Jose Business Journal. Judge Pichon received the Santa Clara Law Social Justice and Human Rights Award in October 2011 for her work for equality and human rights. Judge Pichon is the assistant supervising judge

of the Superior Court’s criminal division, the chair of the Superior Court Jury Standards Committee, and a member of other court committees.

77 Howard Charney

MBA ’73 has been elected to SCU’s Board of Trustees. Charney is an engineer, serial entrepreneur, patent law attorney, and a 35-year veteran of Silicon Valley’s high tech industry. As senior vice president at Cisco, he contributes to the networking company’s strategy and direction, advises customers on implementing critical Internet technologies, and communicates Cisco’s vision to key audiences worldwide. He was one of the four founders of 3Com Corporation, and the founder of Grand Junction Networks, which invented Fast Ethernet and low-cost switching and was purchased by Cisco in 1995. He sits on the boards


At left, Reunion 2012 attendees enjoy the beautiful sunshine and delicious food at the Luau Luncheon.

of several technology companies, and is on the advisory board for SCU’s Center for Science, Technology, and Society. Dave Scott B.A. ’74 writes: “Retired in 2002 from Silicon Valley. Spending time doing volunteer work for Norcal USTA, traveling around Europe, and splitting time between our homes in California and Colorado. Married, no kids, but friends all over.” Tim White writes: “Married, four children, three grandchildren, employed by PNC Bank as EVP/ chief operating officer in Calabasas, Calif., residing in Thousand Oaks, Calif.”

78 Gilbert Carrasco is

co-author of The Law of Discrimination: Cases and Perspectives, published in 2011. He is a professor of law at Willamette University College of Law in Oregon. Patti White is on the State Bar Task Force on Admissions. She is also a member of the Committee of Bar Examiners.

79 William F. Abrams

was hired by Atlanta-based King & Spalding LLP for its IP practice. Abrams joins from Boston’s Bingham McCutchen LLP, where he was the former co-chair of the IP practice group. He has handled patent, copyright, trademark, and trade secrets disputes for technology companies. Paula Ananda is associate chair of the Moving Image Arts Department at the Santa Fe University of Art and Design. She is in post-production on her documentary, The Headman. Elizabeth BarrettAnderson, a Superior Court

of Guam judge, is retiring. Her contribution to the Guam judiciary includes work in developing Guam’s therapeutic court approach to address family violence, drug- and alcohol-related crimes, and juvenile justice. She is credited with the creation of the Driving While Influenced (DWI) Court and the rules of procedure and practice in the field of domestic violence. Judge Barrett-Anderson has served on the board of directors of the National Association of Drug Court Professionals and the Federal Advisory Council on Juvenile Justice. Prior to her appointment, Barrett-Anderson served as a member of the 23rd and 24th Guam Legislatures, attorney general of Guam, and legal counsel to the Guam Department of Education.

80 James Baker, a vet-

eran ERISA litigator, has joined Baker & McKenzie as a partner in the San Francisco/Palo Alto office. Philip S. Camilleri is an educational psychologist for the San Benito County Office of Education. He evaluates students with educational needs, does administration in special education, and has knowledge in special education law. Richard Falcone has returned to the Orange County office of Littler Mendelson, a management labor law firm. He specializes in employment law and litigation. Karl-Otto Hartmann is an adjunct professor at Suffolk University School of Law in Boston. He is CEO and founder of 40Act.com, a website for money management professionals. He is a partner of Fund Directors

Counsel, of Northborough, Mass. He is chairman of the board of FocusShares Trust, a Scottrade-sponsored family of exchange-traded funds, and an independent trustee of The Thirty-Eight Hundred Fund, a Wells Fargosponsored closed-end fund with $12 billion in assets.

81 Michael Milward is the

chief executive of Hospice of Santa Cruz County. He is also a principal with Sierra Trial Group, which specializes in personal injury cases. David Strong is managing partner of Branson, Brinkop, Griffith & Strong in Redwood City. The firm’s Phoenix office is managed by John Campo ’91, B.S. ’88.

82 Albie B. Jachimowicz

wrote: “Would love to see how young everyone looks [at the reunion], but my son Josh ’11 is getting married the same weekend to Caitlin Robinett ’10. See you at the 60th reunion!” Jeffrey Janoff was named a Super Lawyer for a second straight year by California Super Lawyers magazine. In addition to his private law practice in San Jose, he is a temporary judge for the Santa Clara County Superior Court. He is a former president of the Santa Clara County Trial Lawyers Association. Rebecca Veltman is enjoying retirement, traveling, reconnecting with friends and family, and enjoying two young grandchildren.

83 Karen Drury Russell

practices and promotes collaboration and mediation as alternatives to litigation in divorce proceedings

through her law practice in Campbell. Cynthia Sevely B.S. ’80 was elected to a Superior Court judgeship in Santa Clara County in June. Previously, she was a prosecutor with the Santa Clara County District Attorney’s Office.

84 Sylvia Alvarez has been named woman of the year for the 13th Senate District by State Senator Elaine Alquist of San Jose. Alvarez is on the Evergreen School District’s board of trustees, and taught school for 26 years. She is also a member of the Evergreen Roundtable for San Jose City Council District 8. Michael Dillon is general counsel of Adobe Systems Incorporated. Dillon comes to the company with 25 years of corporate legal experience, much of it in the technology industry. Before signing on with Adobe, he was general counsel at Silver Spring Networks, a networking solutions provider. He also spent 14 years in the legal department of Sun Microsystems, including a stint as general counsel, prior to its acquisition by Oracle Corporation. He took a few years’ break from Sun to serve ONI Systems Corp., an optical networking company, as it was being launched.

85 Omar Habbas has

been nominated for the 2012 San Jose Best of Business Award. He is a personal injury attorney. Royce Roberts explores the public’s misconception of public defenders, as well as the importance of our public defense system, in his new book Public Pretender. A

fall/winter 2012 | santa clara law 27


C L ASSACT ION

public defender for more than 20 years, his book began as a way of understanding what he was experiencing at juvenile court with his clients and the child-welfare system. He works as a public defender in Washington state for the King County–funded nonprofit agency Society of Counsel Representing Accused Persons (SCRAP). Jill Schlichtmann is an administrative law judge in the Oakland office of the Court of Administrative Appeals.

86 Dorian Daley, senior

vice president, general counsel, and secretary at Oracle, was named to the San Francisco Business Times 2012 Bay Area’s Most Influential Women in Business List. Lori Pegg is acting county counsel for Santa Clara County. The veteran government lawyer has been a deputy in the county counsel’s office, which has about 60 lawyers. She previously worked for a number of law firms, specializing in labor, education, and government law.

88 Taryn Hook has a short

story included in the literary journal TheWritingDisorder .com Anthology, Volume II. Mark Stone is a Santa Cruz County supervisor, representing the Fifth District, and the vice chair of the California Coastal Commission.

89 Magda Gonzalez is city

manager of East Palo Alto. Previously, she was deputy city manager in Redwood City. She has also been an administrator for Belmont and San Bruno.

90 Debora Kristensen is

on the Ninth Circuit Advisory Board, a group of attorneys that advises on the effective administration of the federal courts in the western United States. She is a partner and business litigator at Givens Pursley in Boise, Idaho. Previously, she served six years as an Idaho lawyer representative to the Ninth Circuit Judicial Conference. Rita Neal is county counsel for San Luis Obispo. She started there as a deputy county counsel, and has also been chief deputy county counsel and assistant county counsel. Previously, Neal was in private practice in San Luis Obispo, specializing in civil litigation.

91 Judy Jensen is an

attorney in Berliner Cohen’s new Modesto office. Her areas of practice include estate planning, probate, trust administration, and employment law. She received an LL.M. in taxation from New York University in 1993. Karyn Smith, former vice president and deputy general counsel at Zynga, was named to the San Francisco Business Times 2012 Bay Area’s Most Influential Women in Business List. She serves on the advisory board of the Northern California Innocence Project at Santa Clara Law.

92 Andrew Bassack is

an officer of the Northern California Chapter of the Association of Business Trial Lawyers, after serving several years on its board of governors. He is a litigation partner at Manatt Phelps & Phillips in San Francisco. Eric Bellafronto is the office managing shareholder of the

28 santa clara law | fall/winter 2012

Silicon Valley office of Littler Mendelson. He represents employers in a dual role as a litigator and counselor. He does pro bono work for the Catholic Foundation of Santa Clara County and runs his office’s annual holiday charity drive for the Bill Wilson Center. Robert James Higgins B.A. ’80 has been appointed as a judge of Arizona’s Navajo County Superior Court. Previously he was a deputy county attorney. He practiced civil and criminal law in the county for 17 years. Kristen Thall Peters is on the management committee of Cooper, White & Cooper. She is a resident of the firm’s Walnut Creek office. She is chair of the firm’s Green Practices Group, which focuses on green energy, environmental, pipeline, real estate, and land use law. She spearheaded the office’s expansion in 2004 and its certification as a green business in 2009. She served on the board of directors of the Contra Costa County Bar Association, serves on its diversity committee, and is an active member and volunteer for many community and business organizations. Luis Rodriguez B.S. ’89 is vice president of the California State Bar Board of Trustees. He is the first Hispanic vice president elected in the state bar’s history.

94 Kaela (Kozlovsky)

Bernal B.S. ’91 is a legal and special projects associate at Montalvo Arts Center in Saratoga, and serves as an arts commissioner for the city of San Jose. Rian Jorgensen is senior VP and counsel for Ahern Insurance Brokerage in San Francisco.

The company specializes in the insurance needs of law firms. He is responsible for launching its In-House Risk Management Program and Services. Lisa Tatum is president-elect of the State Bar of Texas. She practices law in San Antonio, with a practice focused on corporate, education, employment, and public finance law. She also serves as outside and general counsel to a variety of clients. Previously, she was managing associate at West & Associates, an associate with Escamilla & Poneck, and served as a Bexar County assistant criminal district attorney. She served on the state bar’s board of directors and many of its committees. She is a past president and former director of the San Antonio Black Lawyers Association.

95 Heidi Keefe was named

to the Top Women Lawyers list by The Daily Journal. Keefe is a Palo Alto-based IP partner at Cooley. Some of Keefe’s notable clients include Facebook, HTC, Microsoft, eBay, Nike, and LinkedIn. Keefe has played a leading role in the defense of Facebook’s patent litigation cases since 2007, and is co-leading Cooley’s legal team representing Facebook in its patent litigation suits with Yahoo. Yale Kim is a partner at Allen Matkins Leck Gamble Mallory & Natsis in Los Angeles. Yale focuses on bankruptcy representation of creditors, and litigation with an emphasis on commercial and residential real estate. He serves as lead counsel to financial institution clients in bankruptcy and litigation. Paul Shinn is general counsel at Gigamon, a network security company in Milpitas. Previously, he was associate general counsel of Hewlett Packard’s enter-


prise group, and held senior legal roles in commercial and corporate, securities and mergers and acquisitions at HP. He also had been senior counsel at Wilson Sonsini Goodrich & Rosati.

96 Amanda Groves is

a partner in the Charlotte, N.C., office of Winston & Strawn. Previously, she was in the firm’s San Francisco office. She has represented consumer-product companies in complex commercial litigation and is noted for resolving statewide and national litigation involving financial institutions’ loan origination transactions and collection practices. Barbara (Hehir) Olsen and her husband, Scott, are parents of a son, Mark Edward, born on June 30, 2011. He joins his brother, William, and sister, Morgan, in San Jose.

97 Leigh Burnside is an

attorney with Dowling Aaron in Fresno. She has received a top “AV Preeminent” rating from Martindale-Hubbell, which evaluates lawyers based on anonymous opinions of members of the bar and judiciary. She is chair of the firm’s trust and estate litigation practice group. Kristin Garcia Dumont works in Goodwin Procter’s litigation department. She focuses on employment disputes involving technology companies.

99 Catherine Bechtel, a

partner at McManis Faulkner, received a 2012 YWCA Tribute to Women and Industry Award, a business leadership award. She leads the family law group at her firm. Peter Verbica works at Merrill Lynch’s Global

Management Group in San Jose. He is the proud dad of four talented daughters. Pallie Zambrano is part of the majority female partnership at the McManis firm in San Jose, where she represents family law clients.

00 John Hernandez is

an administrative law judge for the California Workers’ Compensation Appeals Board in Los Angeles. Sarah Wager is senior counsel at McManis Faulkner. She practices civil litigation with an emphasis on intellectual property, commercial, and business-related disputes.

01 Denis Klavdianos

J.D. is in his third year at Glassberg, Pollak & Associates, where he works on collection matters. He has prosecuted fraudulent transfer actions and successfully pursued individuals and business entities under the alter ego theory of liability by filing adversary proceedings in bankruptcy court. Julia M. Wei and husband, Ken Leung, welcomed their second son, Jet Leung, in May 2011. Julia continues to practice real estate litigation in Palo Alto, and Ken is a technology executive at an analytics company.

02 Michael Joyce is a

partner at Sidley Austin’s Los Angeles office. Joyce focuses his practice on the use of complex and innovative structures to finance projects in the renewable energy field, as well as in fossil fuel and other infrastructure assets. Joyce has assisted clients on transactions in the energy and infrastructure sectors. Recent transactions have focused

ALUMNI 2012-2013 EVENTS CALENDAR

December 2012 13

San Francisco Alumni Holiday Happy Hour at Wingtip

January 2013

23 San Jose Celebrity Bartender Wine Night at Silicon Valley Capital Club 30 Los Angeles Alumni Reception FEBRUAry 2013 13 Fresno Alumni CLE Luncheon 23 B.T. Collins 20th Anniversary Celebration (tentative) March 2013 14 Sacramento CLE Alumni Luncheon 18 Santa Clara Katharine & George Alexander Law Prize Special Event, SCU Campus 21 Redwood City Justice For All Awards Dinner, Hotel Sofitel 25 San Jose San Jose Sharks vs. Anaheim Ducks April 2013 13

San Jose Celebration of Achievement at The Fairmont Hotel

May 2013 2

Seattle Alumni Happy Hour

June 2013 10

Los Gatos Alumni Bocci Tournament at Campo di Bocce

September 2013 7–8 Santa Clara Law Alumni & Reunion Weekend 2013 at Santa Clara University More events are in the works! Visit www.law.scu. edu/alumni/events for the latest information!

fall/winter 2012 | santa clara law 29


elle n lyn ch

07 Alan Khaflin is the managing attorney of Vaksman Law’s office in San Mateo. The firm provides personalized and comprehensive solutions in estate planning and business law.

The 14th Annual Justice Edward A. Panelli Scholarship Golf Classic firm winners from Girardi & Keese are presented with the Panelli Cup for 2012. Pictured left to right, the Honorable Justice Edward A. Panelli, Brian Walsh, Shawn McCann, Jake Courtney, Andrew Gahan, and Dean Donald J. Polden.

on renewable energy projects, including solar, wind, geothermal, and biomass. Maria Quintero is a senior attorney at Hinshaw & Culbertson LLP in San Francisco, handling civil litigation defense and appellate matters. Kimberly Rodriguez and husband have a small business renting margarita machines in the Sacramento area. Michael Smith practices law in Austin, Tex., at F&B, a patent litigation firm. Previously, he was in solo practice and worked for Vinson & Elkins in IP litigation. Carolyn Sprinchorn B.A. ’99 is special counsel at Duane Reade in Chicago. She practices tax law. She earned an LL.M. in taxation from Northwestern University School of Law in 2009.

03 Judith Mohr is a patent

attorney with McDermott Will & Emery. Previously, she had been an intellectual property partner in King & Spalding’s Redwood Shores office. She also worked at Perkins Coie.

Send us your news!

Email your news to lawalumni@scu.edu or send to Law Alumni Office, Santa Clara University, 500 El Camino Real, Santa Clara, CA 95053.

04 Viva Harris writes a

blog on saving money, The Daily Citron, which also features tips on time management, organizing, and parenting. Christine Peek, a partner at McManis, is in the Northern California Super Lawyers 2012 Edition— Rising Stars. Peek has a general civil litigation practice, focusing on constitutional law and lawsuits against government entities. She has experience litigating state and federal constitutional issues in a wide variety of contexts, including business regulation, nuisance, takings, election law, public employment, compassionate use, selective enforcement, illegal search and seizure, and excessive force cases. She is an active member of the Santa Clara County Bar Association, serving on its Appellate Courts Committee. Cristina Rubke has been appointed to the board of directors of San Francisco’s Municipal Transportation Agency. She is of counsel at Shartsis Friese, where her practice focuses on business litigation.

05 Kelly Cowan is an

associate attorney with Denver-based defense firm Grund-Dagner. She focuses on professional liability,

30 santa clara law | fall/winter 2012

recreational law, transportation law, and construction litigation. Previously, Cowan worked with Sinunu Bruni in San Francisco, where she focused on product liability/toxic tort and personalinjury defense, and at Ray Bourhis & Associates, also in San Francisco, where she concentrated on insurancecoverage work. Michael Renzi is director of finance and administration with the School of Comparative Medicine at Stanford University. Previously, he was vice president of administrative services at West Valley College.

06 Peter Castle joined

Peak Vista Community Health Centers as manager of business development and partnerships. Castle is the former programs director for the Colorado Business Group on Health. David Tsai was honored for his volunteer work in the LGBT and Asian American communities by the Diversity Committee of the Barristers Club of the Bar Association of San Francisco. Kate Wilson ’97 BSC received the Barrister of the Year award from the Santa Clara County Bar Association. She is an attorney at Berliner Cohen.

08 Michele E. Curtis B.S.

’04 and Joseph Harris Jr. were married on July 28, 2012, in Tiburon. The couple resides in San Francisco and St. Helena. Nitin Gambhir is an associate at McDermott Will & Emery. Her practice focuses on patent, trademark, copyright, and trade secret litigation. Michael Pittman B.S. ’04 married Alexandra Perazzelli M.A. ’09 on July 9, 2011, in Santa Monica. They live in Long Beach. Niamh (Doherty) Radhakrishnan is a trial attorney for the U.S. Department of Labor in Los Angeles. J.T. Service, founder of Soul Focus Sports, organized the San Jose 408K Race to the Row, an 8K run in March. Service got the idea for the race after his company was hired to produce the Giant Race for the San Francisco Giants at AT&T Park. “There was something about their connection with the people who felt it was their team and their city,” Service said in an article published by the San Jose Mercury News. “About 85 percent of the people running were from San Francisco, and everyone would wear their Giants gear. I felt there needed to be something for San Jose replicating that feel.” The HP Pavilion was chosen for the start and Santana Row for the finish, he said, because they are two of the most prominent landmarks in San Jose. The funds raised will be donated to the Pat Tillman Foundation.


09 Asa Pittman is a hous-

ing rights attorney with the Law Foundation of Silicon Valley. She has been working on a well-known case in San Jose, involving a landlord who rented multiple spaces in a house in foreclosure.

10 Lauren Leier married

Christopher Mayer on Nov. 6, 2011, in Livermore.

11 Nancy Cheng is a pat-

ent litigation associate at Perkins Coie in Palo Alto. She won the 2011 Past Presidents Award from the American Intellectual Property Law Association. Aroma Sharma is the Law and Social Enterprise Fellow at NYU Law School. She works with the Jacobson Program in Law and Business on scholarship and research on entrepreneurship, social entrepreneurship, and innovation. Her focus is on securities law. Michael Toy is an associate at Klein, DeNatale, Goldner, Cooper, Rosenlieb & Kimball. He works in the firm’s business and commercial litigation department.

12 Christina Fialho B.A.

’06 is a 2012 Echoing Green Fellow for Social Change. Echoing Green provides more than $2 million in seed support to social entrepreneurs. With a colleague and Echoing Green’s financial support, she will launch a new project, Community Initiatives for Visiting Immigrants in Confinement, or CIVIC. CIVIC is a national network of immigration detention visitation groups, with a mission to end the isolation and abuse of persons in immigration detention by building and strengthening visitation programs.

In Memoriam 51 Robert Falasco B.S.

’48, March 30, 2012. A longtime judge, he was elected to the Justice Court in 1958, and retired as a Merced County Superior Court judge in 1985. The Merced County Superior Court in Los Banos is named in his honor. He also served as a trustee for Los Banos Elementary School and director of the Merced County Fair Board. He was on the Board of Fellows of SCU. Survivors include his wife, Yvonne, four children, and 11 grandchildren. Henry Mariani, March 12, 2012. The son of a San Joaquin Valley farmer, he was a Bellarmine College Prep graduate. A longtime San Jose attorney, he focused on real estate and probate law.

56 Bernard Vogel Jr. B.S.

’51, May 5, 2012. An avid athlete, he played football for Santa Clara, scoring the last touchdown in the 1951 Orange Bowl against Kentucky. He was a member and past president of the San Jose Country Club. He is survived by five children, including Bernard Vogel III ’83.

63 Lois Pahl Mitchell, May

14, 2012. Born in Minnesota, she moved west to San Jose State College, where she earned her private pilot’s license and met her husband, Logue, in a civilian flight-training program. She was one of the first three women to graduate from the law school in 1963. She was executive director of the Santa Clara County Bar Association before starting her own practice. Survivors include three sons, eight grandchildren, and one great-grandson.

70 Leslie Chettle, April 4,

2012. He worked as a deputy public defender in Alameda County, and was later in private practice. He was a graduate of the University of Southern California, and served in the Army National Guard. Survivors include two daughters.

71 Rod Blonien, March 13,

2012. He had a long career in state government. At the request of Governor George Deukmejian, he directed the state’s prison construction program, reducing construction time from five to two years. He served as assistant legal affairs secretary to Governor Ronald Reagan, senior assistant to Attorney General George Deukmejian, and then legislative secretary and undersecretary of the youth and adult correctional agency under Governor Deukmejian. He later worked as a lobbyist and consultant

for Fortune 500 companies, including W.R. Grace and Unisys.

72 Bernard J. Heavey Jr., Jan. 23, 2012. Born in 1927 in Brooklyn, N.Y., he was an engineer, lawyer, community activist, brother, father, grandfather, friend. Survivors include his son Michael J. Heavey ’76.

96 William Harry Morris,

Dec. 7, 2011. Born in 1933, in Alma, Mich., he served in the Navy during the Korean War, worked in the computer industry for more than 20 years, and practiced as a certified family law specialist.

07 Michael J. Percy, May

30, 2012. He came to law school after a long career in urban planning, and started his own law practice. He is survived by his wife, two sons, and four grandchildren.

In Memoriam Hon. Miguel Demapan (1953–2012) The Hon. Miguel Demapan ’85, the former chief justice of the Supreme Court of the Commonwealth of the Northern Mariana Islands, died on June 30, 2012. He was the commencement speaker at Santa Clara Law in 2010. At the ceremony, he had received an honorary doctor of laws degree from SCU, after he had been unable to attend his own graduation in 1985. Born and raised in Saipan, he studied science as an undergraduate at Seattle University. He also earned an MBA from Golden Gate University before attending the School of Law. After a few years in private practice, he became an associate judge for the Commonwealth Superior Court in 1992, and in 1998 became associate justice of the Supreme Court. He was appointed chief justice in 1999. In his role as both a judge and justice, he presided over and wrote rulings on key issues for the CNMI, including cases of government bribery and abuse of power. The CNMI is located in the Pacific Ocean near Guam. Survivors include his wife, Frances, five children, and one granddaughter.

fall/winter 2012 | santa clara law 31


C L OSI NGAR GUMENTS

To Pay, or Not to Pay? The Ethical Conflict Between Amateurism and the Business of College Athletics By Matthew SAVAGE B.A. ’12

W

henever a discussion comes up about the role that sports should play on college campuses, the issue of pay-for-play will inevitably be at the center of it. The same was true for the Sports Law Symposium that took place on the campus of Santa Clara University last September. There was an entire panel dedicated to the matter. Understanding pay-for-play is crucial because it really is the topic of debate among critics and supporters of the NCAA that encapsulates all the other major questions facing college athletics. Today, all collegiate athletes are considered amateurs. It has been that way since the formation of the National Collegiate Athletic Association back in 1906. The “amateur” designation distinguishes collegiate athletes from professionals. Supporters of amateurism believe college athletics should supplement higher education, not replace it. They believe that college athletes are students first, and that competition provides students the opportunity to learn character lessons of hard work, discipline, perseverance, teamwork, and fair play. A crucial aspect of amateurism is that college athletes are not paid. Some receive a scholarship for tuition, room, and board, but anything beyond that is considered an improper benefit and is not allowed by the NCAA. There are also regulations preventing student– athletes from marketing their athletic talents outside the university. College athletes are not allowed to accept even so much as a meal from a booster or a fan, and doing so would make them ineligible to play. While college athletes are limited by amateurism, athletic departments 32 santa clara law | fall/winter 2012

and universities are free to capitalize on the increasing popularity of college sports. Today, Football Bowl Subdivision (FBS) football, and Division I basketball have become multimillion-dollar-a-year industries. Conferences are signing large television contracts and realigning themselves in order to form more attractive matchups for fans and potential advertisers and corporate investors. This was such an important topic for the Institute of Sports Law and Ethics (ISLE) to address at the symposium because of the multiple legal and ethical issues that lie at the heart of the conflict between amateurism and the business of college athletics. On the one hand, the goal of amateurism is to preserve the integrity of the student–athlete experience and to protect the athletes from being exploited by agents or big businesses that have their own agendas and may not do what’s best for the athletes. Yet, it is hard to ignore the hypocrisy of some colleges that take part in the very financial exploitation they are trying to prevent. The temptation of greater profits that come with having a successful football or basketball team has led colleges to lower their academic standards for athletes’ admissions, or to look the other way when a student is struggling in the classroom. Rather than fulfill their mission of higher education, colleges create “soft” majors that allow athletes to focus more on developing their athletic skills, which translates into dollars for the university. These kinds of practices beg the question of whether or not colleges are fulfilling their responsibility to educate their students. In addition to these moral questions, there are a number of legal issues surrounding paying college athletes. The

major one is how to go about paying them equally. The laws around labor and employment are difficult to navigate, and it is not clear whether colleges would be allowed to pay only their football and men’s basketball players. Title IX complicates this issue—in order to receive federal funding, schools are required to distribute money equally to men’s and women’s athletic programs. If schools did start paying college athletes, would they be designated employees of the university, thus eligible to receive health benefits and sign contracts? Would players be allowed to unionize and bargain collectively? Would college athletics experience the same trend in lockouts as professional sports? These are all important legal questions that anyone advocating pay-for-play has to think about. For those fortunate enough to attend the ISLE’s symposium, these and other legal and ethical issues were discussed. The benefit of the symposium and the ISLE was that it provided the opportunity for people that are passionate about these topics to make their case and educate the public about some of the difficult issues facing college athletics. So many people are fans of college sports and follow their schools religiously, but not many understand the complex problems going on behind the scenes. The Sports Law Symposium was a great place to learn and discuss possible solutions to the problems facing major college sports. Matthew Savage B.A. ’12 is the assistant director of marketing and tickets for Santa Clara University Athletics. As a senior at SCU, he was a Hackworth Fellow at the Markkula Center for Applied Ethics, where he wrote a sports ethics blog titled “Savage on Sports” http://www.scu.edu/ethicscenter/ethicsblog/savage.cfm. He also contributed an article on sports ethics to the third annual Sports Law and Ethics Symposium.


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Santa Clara Law Magazine Fall/Winter 2012  

The Magazine of Santa Clara University School of Law

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