Santa Clara Law Magazine Fall 2008

T H E M A G A Z I N E O F S A N TA C L A R A L AW

Law

FA L L 2 0 0 8

Vo l u m e 1 5 N u m b e r 1

Santa Clara

United by Diversity Santa Clara Law is diversifying the legal profession with the help of our alumni, including leading minority attorneys Victor Marquez, left, and Rodney Moore. Page 12

10 Measuring the Cost of California’s Death Penalty Law 20 2008 Outstanding Graduates 24 Honoring Alumni Leaders 40 Donor Honor Roll 44 A Perspective on Diversity

dean’s message Dear Graduates and Friends:

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CHARLES BARRY

hope you enjoy this issue of Santa Clara Law. As one of our key means of communicating with you, this magazine aims to provide meaningful and up-to-date information about the law school, as well as thoughtful stories about your fellow alumni.

A recent survey of Santa Clara Law graduates (see Page 39) revealed deep appreciation for the magazine and provided many insights into how we can better share news about our school, its programs, and our extended school community. I am always eager to hear your thoughts and recommendations about this publication—the stories and articles you enjoy, as well as the stories or articles you would like to see covered here. This magazine is for you, and we want to know how it—and we—can best serve you.

OUR COMMITMENT TO DIVERSITY In this issue, we explore a critical national policy issue—increasing the diversity of the legal profession—and the many ways Santa Clara Law has been working toward a national goal of a more inclusive legal profession. Our cover story describes the law school’s longstanding commitment to creating a more diverse learning environment, and why enhanced diversity at law schools like Santa Clara Law is so important to the legal profession.

Last year, Santa Clara Law received approximately four thousand applications for the three hundred spots in our entering class, and a large percentage of our applicants, and 45 percent of the Class of 2011, are members of traditionally underrepresented racial and ethnic minority groups (see Page 2). Clearly, Santa Clara Law has taken advantage of its location in the San Francisco Bay Area, its history as a diverse, Jesuit, Catholic university’s law school, and the growing diversity of our faculty to graduate increasing numbers of minority attorneys. These graduates then go on to be role models and mentors for others, thereby helping move the nation toward a more diverse legal profession.

ABA INSPECTION AND STRAGEGIC PLANS In April, the law school hosted a three-day visit by a seven-person site inspection committee assembled and sent by the American Bar Association, the official accrediting agency for American legal education, and the Association of American Law Schools.

Their written report is highly complimentary of the law school and its programs, personnel, and values. We plan to build on that very strong and positive peer assessment in the coming year through the implementation of a long-range and strategic planning process. We will engage leading lawyers, judges, faculty, and staff members in a thoughtful appraisal of the law school’s current challenges and opportunities, and we will work together to articulate strategies that will achieve our ambitious goals. I will share more news with you on this planning process in this magazine as well as through other communications.

It is great honor for me to continue to serve as the Dean of Santa Clara University’s School of Law and I look forward to hearing your comments and suggestions.

Sincerely,

 DONALD J. POLDEN

ELIZABETH KELLEY GILLOGLY B.A. ’93 Editor LARRY SOKOLOFF ’92 Assistant Editor AMY KREMER GOMERSALL B.A. ’88 Art in Motion Art Director, Designer CHARLES BARRY Photo Editor CAROLE VENDRICK Copy Editor JULIA YAFFEE Senior Assistant Dean for External Affairs

Santa Clara Law, founded in 1912 on the site of Santa Clara University, California’s oldest operating higher-education 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; and certificates in intellectual property 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 our top-ranked program in intellectual property. For more information, see http://law.scu.edu.

If you have any questions or comments, please contact the Law Alumni Office by phone at 408-551-1748; fax 408-554-5201; e-mail lawalumni@lawmail.scu. edu, or visit www.scu.edu/sclaw. 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 2008 by Santa Clara University.

Reproduction in whole or in part without permission is prohibited.

Santa Clara Law is printed with soy-based inks on paper that contains 100% post-consumer fiber (including 10% total recovered fiber) and meets EPA and FTC guidelines for recycled paper.

Dean AIM 10/08 10,600

12 U N I T E D BY D I V E R S I T Y Santa Clara Law is one of the nation’s most diverse law schools. The legal profession will benefit from outstanding future leaders such as third-year student Gemma Daggs, president of the Santa Clara Law Student Bar Association, who plans to become a prosecutor.

Contents FALL 2008

10 Measuring the Cost of

California’s Death Penalty Law

BY GERALD UELMEN

A sentence of death in California is, for most defendants, a sentence of life imprisonment at four times the cost.

12 United by Diversity

BY SUSAN VOGEL

On the Web Visit us at law.scu.edu/sclaw for:  more photos from the Spring Awards Banquet;  more photos from 2008 commencement; and  all the latest news from Santa Clara Law.

COVER PHOTO COURTESY OF RODNEY CHOICE

Cover: Santa Clara Law alumni head two of the nation’s minority bar associations: From October 2007 to September 2008, Victor Marquez ’90, left, served as president of the Hispanic National Bar Association, an organization of more than 48,000 Latino judges, law students, and attorneys. Rodney Gregory Moore ’85, is president of the National Bar Association, an organization of more than 22,000 African-Americans in the legal profession.

As Santa Clara Law graduates increasing numbers of minority students, those alumni are mentoring and acting as role models, helping to move the profession towards greater diversity.

20 Leading the Class

BY SUSAN VOGEL

We share highlights of Santa Clara Law’s commencement, including the stories of three outstanding graduates.

24 Honoring Alumni Leaders

BY SUSAN VOGEL

Alumni Profiles

33 29 24

YVETTE GARFIELD ’06

12 25 31 26 35

VICTOR MARQUEZ ’90

2 6 28 36 38 39 40 44

EUGENE HYMAN ’77 SALVADOR “SAL” LICCARDO B.S. ’56, J.D. ’61 RODNEY MOORE ’85 WILLIAM F. LOCKE-PADDON ’67 CATHERINE SPRINKLES ’73 PATRICIA UGARTE ’04

LAW BRIEFS FACULTY ACTIVITIES CLASS ACTION LAW ALUMNI BOARD DIRECTORY MESSAGE FROM LAW ALUMNI ALUMNI SURVEY RESULTS HONOR ROLL OF DONORS CLOSING ARGUMENTS

At the 2008 Spring Awards Banquet, Santa Clara Law recognized three alumni and one professor for leadership and service.

fall 2008 santa clara law 1

law briefs Welcome Class of 2011

Spring 2008 Speakers

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CHARLES BARRY

number of distinguished speakers visited the School of Law during the spring semester.

During orientation, new students took a moment to gather in the gorgeous California sun and look skyward.

I

n August, Santa Clara Law welcomed the class of 2011. The entering class of 233 full-time students and 77 parttime students was chosen from more than 4,000 applicants from all 50 states and 55 foreign countries. Santa Clara Law continued its trend of being among the most diverse law schools in the nation, with 45 percent of new students identifying themselves as members of a minority group. The entering class comes from 29 states (with the top five being California, Washington, New York, Illinois, and Virginia) and several foreign countries (including Canada, China, Germany, and Korea).

Events for the new students included a special convocation ceremony during which students took an oath of profes-

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sionalism. New students also received encouraging words in addresses from several alumni leaders, including the Honorable Eugene Hyman ’77, judge, Santa Clara County Superior Court, and recent recipient of the U.N. Award for Public Service for the work of juvenile domestic violence and family violence court (see Page 29); Rolanda Pierre Dixon ’80, Santa Clara County Assistant District Attorney and founder of the county’s Domestic Violence Unit; Mary Alexander, ’82, principal, Mary Alexander and Associates and past president, Association of Trial Lawyers of America; and the Honorable Zoe Lofgren ’75, member of Congress, representing San Jose and Silicon Valley in Washington since 1994.

Roger Clay was the spring Social Justice Visiting Practitioner. He presented “Social Justice Law: Housing Law and Community Economic Development” on April 7. He is president of the Insight Center for Community Economic Development in Oakland, and an attorney and licensed social worker. The Insight Center works with other groups to develop, support, and promote programs that lead to good jobs, strengthen early care and education systems, and enable people and communities to build financial assets.

Angela J. Davis presented “Arbitrary Justice: The Power of the American Prosecutor” on March 13. She is a professor of law at American Angela Davis University College of Law in Washington, D.C.. Professor Davis is an expert in criminal law and procedure who focuses on racism in the criminal justice system and prosecutorial power.

She previously served as director of the D.C. Public Defender Service, where she began as a staff attorney representing indigent clients. She also served as executive director of the National Rainbow Coalition.

law briefs Awards Dinner Raises $1 Million for Innocence On March 27 the NCIP staff and Board hosted the first annual Justice for All Awards dinner in San Jose, which raised $1million for the Innocence Project. At the event, five people were honored for their work on behalf of the innocence movement: NCIP Board Chair Frank Quattrone, former California Attorney General and Chair of the California Commission on the Fair Administration of Justice John Van de Kamp, filmmakers Dana Nachman and Don Hardy, and exoneree Antoine Goff. Nearly 700 people attended the event, which included a dramatic presentation by 12 exonerees, a keynote address by Barry Scheck, and entertainment by 11-time Grammy award-winner Tony Lindsay, former lead singer for Santana, and his band Spang-a-lang.

JOHN CHIALA

Santa Clara Law and its Northern California Innocence Project honor Frank Quattrone

Frank Quattrone, NCIP Advisory Board Chair and 2008 Justice for All Award Recipient

Allen Ruby was the Distinguished Advocate on April 1. He presented “Is It a Profession or a Business?,” and also participated in other events, including a career retrospective. Ruby has been an attorney in San Jose since 1970.

He was named Trial Lawyer of the Year by the Santa Clara County Trial Lawyers Association in 1999. He is a member of the American Board of Trial Advocates and the International Academy of Trial Lawyers. His current clients include Facebook, which he is representing in a contract dispute, and baseball star Barry Bonds, accused of making false statements to a grand jury.

From left, Victoria Mathews and Jessica Jerving were two of the NCIP students who attended the conference.

National Innocence Conference at SCU Santa Clara Law and the NCIP hosted the international Innocence Network Conference March 28-30, which was attended by more than 350 people involved in innocence work from around the world. The three-day conference included 32 workshops, plenary sessions, and roundtables on three tracks designed to serve exonerees, practitioners doing innocence work, and those setting up and operating innocence projects. NCIP staff and faculty Linda Starr, Cookie Ridolfi, and Mary Likins presented at several workshops and participated in plenary events and roundtables.

Exoneration: Armando Ortiz In June, the Northern California Innocence Project obtained the exoneration of Armando Ortiz, who was convicted of a double homicide when he was 16 years old.

After NCIP students and staff demonstrated that his trial attorney was ineffective in failing to investigate and present the testimony of nine alibi witnesses, in November the trial court reversed his conviction and in June, after verifying NCIP’s evidence, the District Attorney dropped all charges and apologized for the injustice.

A MY K ENNEDY

Laura Gomez presented “Manifest Destinies: The Making of the Mexican American Race,” on Feb. 21. She is Professor of Law and American Studies at the University of New Mexico.

Previously she taught for 12 years at the UCLA School of Law. She has written two books, Manifest Destinies: The Making of the Mexican American Race, and Misconceiving Mothers: Legislators, Prosecutors and the Politics of Prenatal Drug Exposure.

J E N K E N N E DY

Laura Gomez

NBC 24 interviews Linda Starr, legal director of the Northern California Innocence Project, outside the courtroom after all charges against Ortiz were dismissed.

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law briefs Business Negotiations Class Goes International

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that technology to a Japanese company, also fictional, modeled on Sharp Electronics, a company with world-wide distribution.”

The class starts with students learning about law and licensing and doing business in Japan. The Santa Clara students then start interacting with their Japanese colleagues, through the submission and exchange of documents including a letter of intent, a confidentiality agreement, and a proposed licensing agreement. Several hours of Friday afternoon videoconferencing follow.

The classmates learn how to work as a team and learn important skills for lawyering.

“Students do their own research, draft their own documents, develop positions and strategies, and critique performance as a real team,” said Jimenez.

“They gain new insight and perspectives on the resolution of the many issues— legal, commercial, linguistic, and cultural —involved in these transactions. They become more flexible, innovative, and realistic lawyers.”

The semester ends with a trip in January to Tokyo where the students have a final face-to-face negotiation session, attend lectures on the Japanese legal system and culture, and make visits to legal institutions. The trip is financed by alumnus Gerald Moore ’97 (for more information, see Santa Clara Law, Fall ’07).

The semester ends with a trip in January to Tokyo where the students have a final face-to-face negotiation session, attend lectures on the Japanese legal system and culture, and make visits to legal institutions.

CO U RT ES Y O F PH IL JI ME NEZ

tarting a class at five o’clock on a Friday afternoon at the School of Law is not usually a good idea. But one such class meeting is actually proving popular, and has a long wait list. Maybe it’s because the class includes a trip to Tokyo at the end of the semester, and a chance to practice international business negotiations with Japanese law students.

Eight students take International Business Negotiations at Santa Clara Law, working with four Japanese law students at Omiya University near Tokyo. The Japanese students have to go the extra mile for the class: they must be proficient in English, and videoconference with Santa Clara students on Saturday mornings at 10 a.m.

“Our team is representing a fictional Silicon Valley company, Santa Clara Nanotech, Inc., holding several cutting edge nano-tech patents,” explained Santa Clara Law Professor Phil Jimenez, who teaches the class. “We propose to license

At a Shimbashi restaurant, Santa Clara Law Professor Phil Jimenez (far left) celebrates the new, international learning opportunity with Professor Larry Repeta (far right, standing) and the group of students from Santa Clara Law and Omiya University.

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“The trip to Japan was a bonus to the practical experience I got from the class itself,” said Nathaniel Lucey ’08.

“Professor Jimenez’ class gave me a chance to draft an actual contract. The negotiation part of the class introduced me to the art of compromise and the need to respect the cultural differences of the opposing side.”

This is the first year the class was offered. Jimenez says he and Omiya Professor Larry Repeta conceived of the course and collaborated for a couple of years to coordinate all the details.

For more information about Santa Clara Law’s extensive international opportunities, including summer abroad programs in more countries than any other U.S. law school, visit law.scu.edu/ international.

law briefs S A N TA C L A R A L AW C A R E E R S E R V I C E S

How Alumni Can Help Prepare Santa Clara Law Students for the Job Market f you read the news or the legal blogs, then you know that the economic climate has become challenging for everyone—including attorneys. Some law firms have conducted layoffs, shortened the length of their summer associate programs, or delayed the start dates for new associates. In anticipation of a more competitive hiring climate, Santa Clara Law’s Career Services Office has undertaken several initiatives to help students to successfully conduct a legal job search—even in a downturn—and you can help.

In addition to regularly scheduled programming, the office has placed an even higher priority on outreach to alumni in order to provide students with employers’ perspectives and to connect them with members of the legal community. For instance, this past spring, the office hosted a Legal Practice Leadership roundtable moderated by Dean Polden.

The Roundtable featured Santa Clara Law alumni who are in managerial positions within their firms. Participating attorneys included Dennis Brown ’86, managing shareholder San Jose office, Littler Mendelson; Kathryn Meier ’84, managing shareholder/president, Hoge Fenton Jones & Appel, Inc.; Mark Pitchford ’84, chief operating officer, Cooley Godward & Kronish; Rod Strickland ’92, co-chair, associate hiring committee, Wilson Sonsini Goodrich & Rosati; and Andrew Valentine ’92, managing partner East Palo Alto office, DLAPiper. By sharing their insights, the panel members helped our students consider how they could shape their own academic and extracurricular activities to develop the qualities employers are seeking in candidates and to gain skills and

CHARLES BARRY

I

Dean Donald Polden (standing) was moderator of the Legal Practice Leadership Roundtable, which featured Santa Clara Law alumni who are in managerial positions in their firms, including (left to right, seated) Mark Pitchford ‘84, Cooley Godward & Kronish LLP; Rod Strickland ‘92, Wilson Sonsini Goodrich & Rosati LLP; and Andrew Valentine ‘92, DLAPiper LLP.

habits that would help them to become excellent attorneys.

As a follow-up to this discussion, Law Career Services staff members spent the summer months meeting with alumni throughout the Bay Area. With the beginning of a new academic year, the Law Career Services staff has developed a fall programming calendar that builds upon the advice of our alumni. Initiatives include more alumni panels designed to educate students about the state of the current legal job market and to help them develop skills to create their own job search strategies. Additionally, the

staff is creating or redesigning existing career fairs and networking events, such as its Mock Interview Program, Public Interest Career Fair, Diversity Gala, Speed Networking, and Law Career Day, in order to connect students with alumni who work for a wide array of employers.

We encourage you to become an advisor and mentor to a student by participating in one of our programs.

For more information about Law Career Services programming and methods to become involved, please visit our Web site at law.scu.edu/careers.

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faculty activities OUR FACULTY ARE LAWYERS WHO LEAD.

They are more than outstanding scholars and teachers of the law; they are engaged and passionate advocates who work to make the world a better place. Following is a partial list of the many achievements, publications, lectures, and activities of our outstanding faculty. For more information on our faculty, including links to profiles, biographies, publications, and works-in-progress, visit law.scu.edu/faculty.

Publications, Lectures, and Academic Engagements Professor Angelo Ancheta received an award in April from Asian Pacific Americans in Higher Education. The award recognizes his past advocacy work on higher education access issues, including affirmative action policies.

Other distinguished honorees included Mike Honda, member, U.S. House of Representatives; Warren Furutani, member, California Assembly; and Maeley Tom, member, California State Personnel Board.

Angelo Ancheta

6 santa clara law fall 2008

Professor Colleen Chien’s article, “Patently Protectionist: An Empirical Analysis of Patent Cases at the International Trade Commission,” was accepted for publication in Vol. 50 of the William & Mary Law Review (2008).

Maltreatment 94 (2008) (online at http://cmx.sagepub.com) and When Mothers Kill: Interviews From Prison (New York University Press, Spring 2008), with Cheryl L. Meyer. She also delivered many speeches and lectures including: “When Mothers Kill,” John FitzRandolph Memorial Lecture, Whittier Law School’s Center for Children’s Rights (Los Angeles, March 2008); “Judging Vanessa: Mothers, Transgression and the Law,” William & Mary College of Law, annual Women and the Law Symposium (Williamsburg, Va., February 2008); and “Pregnant Women and Clinical Research: Legal and Ethical Issues,” Stanford University Human Biology Department (May 2008).

Professor Michelle Oberman recently published “Comment: Infant Abandonment in Texas,”13 Child

Dean Donald J. Polden spoke on the subject of leadership education for law students on a panel of law school deans at the Southeastern Association of Law Schools’ annual conference in Palm Beach, Fla., in August. Polden is serving as chair of the Standards Review Committee of the American Bar Association’s Section on Legal Education. The committee prepares the accreditation standards and policies for law schools accredited by the American

Michelle Oberman

Kathleen Ridolfi

Professor Gary Neustadter published an article, “Advertising by Consumer Bankruptcy Attorneys after BAPCPA,” in 2007 Norton Annual Survey of Bankruptcy Law 329.

faculty activities

Stephanie Wildman

Margaret Russell

Bar Association. His book review for the ABA’s Law Practice magazine was published at on the ABA’s Web site (see www.abanet.org/lpm/magazine/articles/ v34/is4/pg12.shtml).

Professor Kathleen Ridolfi and NCIP Legal Director Linda Starr presented on a panel “After the Verdict” with Federal District Court Judge Marilyn Hall Patel and exoneree Antoine Goff at the 2008 Northern District of California Judicial Conference, held in Napa in May. The event was attended by a large audience of federal court practitioners and judges. In June, Ridolfi, California Commission on the Fair Administration of Justice Commission member, participated with Professor and Commission Executive Director Gerald Uelmen in a Sacramento press conference regarding the Commission’s controversial and hotly debated final report on the administration of the death penalty in California (see Page 10).

Professor Stephanie Wildman’s book Women and the Law Stories has been published by Foundation Press.

Professor Wildman and Professor Margalynne Armstrong were on a panel at the University of North Carolina in fall 2007 at a symposium on housing and privilege, One People, One

Beth Van Schaack

Nation? Housing and Social Justice: The Intersection of Race, Place, and Opportunity. The panel was titled “Is Residential Integration a Remedy? If So, How Can We Pursue It?” Other panelists were Derrick Bell Jr., New York University School of Law, and Carol Brown, University of North Carolina School of Law. She also published a chapter, “Critical Feminist Theory,” in Encyclopedia of Law & Society (David S. Clark, ed., 2008).

Professor Wildman co-authored (with Professor Beverly Moran) a chapter, “Race and Wealth Disparity: The Role of Law and the Legal System,” in Race and Wealth Disparities: A Multidisciplinary Discourse (Beverly Moran, ed., University Press of America, 2008).

Professor Beth Van Schaack’s new casebook, International Criminal Law, was positively reviewed by Professor Robert Sloane of Boston University. The review will be published in the Journal of International Criminal Justice, the most widely read journal in the field.

Senior Fellow and Assistant Dean Marina Hsieh was renominated to a three-year term on the State Bar of California’s Council on Access and Fairness. Created in 2007, the council

Wil Burns

addresses issues of diversity and inclusion at all stages of the “legal pipeline,” from elementary schools to judgeships.

She also continues to serve on the council’s subcommittees on law schools and the Carnegie Report on Legal Education.

Lynette Parker, clinical faculty member at the Katharine and George Alexander Community Law Center, presented “Immigration Benefits for Victims of Rape, Domestic Violence and Human Trafficking” at the California Coalition Against Sexual Assault’s statewide leadership conference in May in Sacramento.

Senior Fellow Wil Burns spoke at the Japanese and California Climate Change Forum in March in Sacramento. The program is co-sponsored by the Consulate General of Japan in San Francisco, the University of California Center in Sacramento, and the Office of the Governor. Burns provided an overview of California climate change law and policy and placed it in a global perspective. He also spoke this spring at Widener Law Review’s annual symposium, which was devoted to climate change, on the role of international climate change litigation.

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faculty activities

David L. Sloss

New Faculty DAVID L. SLOSS is the new director of the Center for Global Law and Policy. He is a widely recognized international scholar focused on the interface between domestic constitutional and public international law. He earned a B.A. from Hampshire College, an M.A. in public policy from Harvard’s Kennedy School of Government, and a J.D. from Stanford.

From 1984 to 1991, Sloss served as a foreign affairs analyst with the U.S. Arms Control and Disarmament Agency; he later served as director of the agency’s Nuclear Safeguards and Technology Division. He has also been a consultant to Lawrence Livermore National Laboratory and a litigation associate at Wilson, Sonsini, Goodrich & Rosati in Palo Alto. Previously, he served on the faculty at Saint Louis University School of Law. “An outstanding teacher and an internationally known scholar and thinker, David L. Sloss will enhance the synergy among our intellectual property and social justice programs and scholars to examine global issues,” says Santa Clara Law Dean Donald Polden. “With his vision and energy, he will enhance the national prominence of 8 santa clara law fall 2008

Sunwolf

our international and comparative law programs, curriculum, and scholarship.”

In his new role as Director of Santa Clara Law’s Center for Global Law and Policy, Sloss will oversee a program that includes the oldest and most robust summer law study abroad program in the nation, with 13 different programs in 17 countries; a respected series of national and international speakers, conferences, and events, including our annual International Humanitarian Law Workshop; an extensive offering of international law courses including LL.M. programs and an international law certificate; a leading international moot court team; and the Journal of International Law, a respected, peer-reviewed publication available both online and in print. For more information, see law.scu.edu/ international.

James Cooper Visiting Teaching Fellow BEc, DipEd, Sydney University; LL.B., University of New South Wales; LL.M., Sydney University; MHEd, University of New South Wales.

Gilson S. Riecken Distinguished Research Adjunct in Law J.D. from Boalt Hall/U.C. Berkeley in 1996; M.A., Harvard Graduate School of Design; A.B., Harvard College Ben Roxoborough Visiting International Research Fellow University of Melbourne/Monash University, Graduate Diplomas in Intellectual Property; College of Law, St. Leonards, Sydney; University of Wollongong; Bachelor of Science (Chemistry), Bachelor of Law

New Visiting Faculty and Fellows

Sunwolf Visiting Professor B.A., California State University; J.D., University of Denver; M.A., Ph.D., U.C. Santa Barbara.

Chaloka Beyani Visiting Distinguished Lecturer D.Phil, M.A., Oxford University; LL.M., LL.B., University of Zambia.

Markus Müller-Chen Visiting Teaching Fellow Dr. iur., lic. iur., University of Basel, Switzerland.

faculty activities New Staff Cynthia Tippett is the new assistant director of the High Tech Law Institute.

Cynthia Tippett came to the law school from the University of Maryland School of Law, where she served as coordinator for the nationally ranked Law and Health Care Program and as director of health law externships. In that capacity she administered all aspects of the program; advised health law certificate students; managed conferences, speaker series, and panels; and oversaw print publications and the program’s Web site.

She previously worked as an associate with Zuckerman Spaeder and concurrently as an adjunct faculty member in the department of biology at the Community College of Baltimore County. She earned her J.D. from the University of Maryland School of Law, her master’s degree in biological sciences

Vinita Bali is the new associate director for the Center for Global Law and Policy. She earned both her J.D. and her LL.M. in international and comparative law from Santa Clara. She joined the law school in 2002 as director of the Academic Success Program. She has co-directed or directed summer abroad programs in Tokyo, Shanghai, and Hong Kong, and was recruited to establish a faculty enrichment and student exchange program with a law university in India.

Grants

from the University of Maryland, and her bachelor’s degree in English and biology from Georgia Southern University.

Angelo Ancheta has received two one-year renewal awards that provide funding for the Katharine and George Alexander Community Law Center.

The first is a City of San Jose award of $27,539; the second is a County of Santa Clara award of $31,519.

National Public Radio

San Jose Mercury News

Margaret Russell was quoted in a piece on the same-sex marriage ruling of the California Supreme Court.

Kathleen “Cookie” Ridolfi was quoted in an article by Howard Mintz, “Clean Slate For Gonzales’ Aides: Civil Suit May Follow DA’s signing of Innocence Declaration.”

Cynthia Tippett

In the Media This is a selection of faculty in the news from late spring and summer 2008. For a more extensive and updated list of Santa Clara Law faculty in the news, visit law. scu.edu/news/our-faculty-in-the-media.cfm

ABA Journal Eric Goldman was quoted in a piece on the Lanham Act and what terms are used to generate online ads.

Daily Journal (California) Linda Starr, NCIP, was interviewed, quoted, and photographed with NCIP students for the a front-page story, “No Easy Prison Exit for Innocent Convicts,” in the Daily Journal of California.

The Daily News of Los Angeles Professor Ellen Kreitzberg was quoted in a piece on the death sentence for 29-year-old convicted murderer Juan Manuel Alvarez.

Los Angeles Times Gerald Uelmen was quoted in several articles concerning the California Supreme Court’s decision to allow samesex couples to wed. He was also quoted in an article on California’s administration of the death penalty and the report from the California Commission on the Fair Administration of Justice.

Ellen Kreitzberg was quoted in a piece on California resuming executions.

San Francisco Chronicle

Gerald Uelmen was quoted in a story on David Ghent, Santa Clara County’s longest serving death row inmate.

Steve Diamond was quoted in a piece on eBay’s lawsuit against Craigslist.

The Washington Post Steven Diamond was quoted in a piece on Apple selling movies through its iTunes online store the same day they are released on DVD.

Eric Goldman was quoted in a piece on Facebook and ConnectU.

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BY G E R A L D F. U E L M E N

Measuring the Cost of California's Death Penalty Law T

he final report on the administration of the death penalty in California was issued by the California Commission on the Fair Administration of Justice on July 1. As executive director of the commission, I served as principal draftsman for the report. After conducting three public hearings, calling 72 witnesses, and reading nearly everything published about California’s death penalty law for the past 30 years, the most formidable task the commission faced was measuring the cost of California’s death penalty law.

The reason the task was formidable was because the data needed was not being collected, and our efforts to gather the information were stymied by California prosecutors.

The commission retained Rand Corporation to undertake a major study of the costs, but Rand reported back that they were unable to enlist the cooperation of participating agencies, who were “wary of the kind of independent study we have proposed, for fear that it could end up swaying opinion in a direction contrary to their own convictions.” A similar wariness was reported by three law professors at Pepperdine University, who were asked to survey how California prosecutors made the decision to seek the death penalty in individual cases. They received responses from only 15 of California’s 58 counties, which our report called “a distressing picture of the willingness of those who tinker with the machinery of the death penalty to expose their decision-making process to the electorate.”

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Among the principal recommendations made by the commission (and opposed by the prosecutors who served on the commission) was the initiation of a mandatory reporting system to collect and analyze all the data needed “to determine the extent to which the race of the defendant, the race of the victim, geographic location, and other factors affect decisions to implement the death penalty, to accurately determine the costs, and to track the progress of potential death penalty cases.” Providing the public with reliable information about how the death penalty is being administered should not depend upon the discretion of those who are charged with its administration.

Meanwhile, however, the commission was reporting to the California electorate that our death penalty law is dysfunctional, largely because it is underfunded. The principal message of our report was to be, “If we want a death penalty law as broad as California’s, we are going to have to pay for it.” To deliver that message without assessing how much we would have to pay for it would have been irresponsible. Thus, we were compelled to rely upon very rough, and very conservative, estimates of the system’s costs.

We focused on the costs that were added to the processing of a homicide case by making it a death penalty case, as compared to a case in which a sentence of life imprisonment would be the result of a conviction.

Because the death penalty is being sought, the prosecution and defense must actually prepare for two trials, one to determine guilt, the other to determine the sentence. The defense must conduct an exhaustive investigation of the defendant’s past to locate any mitigating evidence that might persuade a jury to choose a life sentence rather than death.

Because the jury must be “death-qualified,” excusing those with fixed opinions for or against the death penalty, intensive individualized voir dire questioning of potential jurors must be conducted. We concluded that these elements added approximately $500,000 to the cost of a homicide trial. But we didn’t even know how many homicide trials in which the death penalty was sought were being conducted each year in California. We did know that we are currently adding about 20 inmates a year to our death row population, and

The bottom line: a conservative estimate of the current cost of our death penalty law in California is $137.7 million per year. The cost of implementing the commission’s recommendations to reduce delays in California from 20-24 years to the national average of 12-14 years will be another $95 million on top of that, to total $232.7 million. The commission also assessed what it would cost if we narrowed our death penalty law to five special circumstances instead of 21 ($130 million) and what it would cost if we abandoned the death penalty and replaced it with a maximum penalty of lifetime incarceration ($11.5 million).

While cost is only one factor to be considered in evaluating our future course, at some point California voters will have to determine whether the benefits of having a death penalty law outweigh its costs. Under our present dysfunc-

We learned that for each inmate, it costs $92,000 more per year to keep them on death row than it would cost to keep them in a maximum security prison with other inmates sentenced to life imprisonment. That adds $63.3 million per year to the cost of California’s death penalty law. were informed that in approximately half of the cases where a death penalty is sought, the jury rejects death in favor of a life sentence. Thus, trying 40 cases a year as death cases added $20 million per year to the costs that California counties had to pay.

Once a death verdict is returned, a direct appeal to the California Supreme Court ensues, as well as federal habeas corpus petitions in both state and federal courts. The habeas corpus review is an essential component to assure that the defendant received adequate assistance of counsel in the trial court. Federal courts reviewing California death judgments have thrown out 70 perent of the cases they have heard, most often on grounds of ineffective assistance of counsel.

The agencies handling the post-verdict proceedings are state agencies, which keep more accurate budget records than the individual counties. Thus, we were able to ascertain that the appeals and habeas proceedings added $54.4 million to the costs of death cases.

Surprisingly, the most dramatic cost added to death penalty cases is the cost of confining the defendant on death row for the 20 to 24 years it will take to resolve the case. We learned that for each inmate, it costs $92,000 more per year to keep them on death row than it would cost to keep them in a maximum security prison with other inmates sentenced to life imprisonment. That adds $63.3 million per year to the cost of California’s death penalty law.

tional system, the benefits are few. There have been only 13 executions in 30 years, and on death row, the leading cause of death is natural causes. A sentence of death in California is, for most defendants, a sentence of life imprisonment at four times the cost.

Gerald Uelmen is Professor of Law and Director of the Heafey Center for Trial and Appellate Advocacy at Santa Clara Law. From 2005 to 2008, Uelmen served as executive director of the California Commission on the Fair Administration of Justice. All of the reports of the Commission are available online at www.ccfaj.org. fall 2008 santa clara law 11

UNITED BY

DIVERSITY Santa Clara Law and its alumni are helping to diversify the legal profession.

Gemma Daggs ’09 is president of Santa Clara Law's Student Bar Association. She is working as a summer law clerk at the Alameda County District Attorney’s Office and hopes to become a prosecutor. She is a graduate of U.C. Berkeley.

David Wallace ’10 attended San Francisco’s prestigious Lowell High School and San Jose State University. He works days at a Silicon Valley law firm assisting in patent prosecution and attends Santa Clara Law’s evening program.

Both are African-American. Daggs is part Latina as well.

Both grew up in ethnically diverse communities and attended schools where diversity was the norm.

The legal profession that Daggs and Wallace will be entering is undergoing major changes—the most prominent is that it increasingly serves a population that is of color. The education that Daggs and Wallace receive at Santa Clara must prepare them to resolve disputes involving a diverse client base. It must also prepare them for the growing pains that the profession is experiencing as these changes take place.

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UNITED BY DIVERSITY Santa Clara Law is a leader in law school diversity: it is among the top ten most diverse law schools in the U.S. During the 2007-08 academic year, 41 percent of the student body was racially or ethnically diverse. More than 45 percent of the 2008 incoming class were members of a minority group. Santa Clara Law ranks second in the country in the number of Asian students and 10th in the number of Hispanic students graduated, and 17th overall for graduating minority students. Santa Clara Law’s minority graduates are not only becoming successful lawyers, judges, and politicians, they are leading the profession in its efforts to become more racially and ethnically diverse.

Beginning in the 1970s and arising out of the civil rights and student movements of the ’60s, diversity became an objective of law schools. Initially, says Dean Donald Polden, the goal was to empower African-American and Latino communities. Eventually, with the country’s demographics changing, the goal has become to create a legal system that reflects the country’s population, he says. “In the 1970s, former dean George Alexander identified the importance of increasing the racial, ethnic, and gender composition of the legal profession and began recruiting nationally for the best minority applicants to law school,” says Polden. Minority students were sent

Gemma Daggs, U.C. Berkeley graduate and 2008-09 president of the Santa Clara Law Student Bar Association, has hopes to become a prosecutor.

around the country to recruit. “Those early efforts, which have continued to the current time, created a reputation for the law school as one that valued and pursued diversity in its educational environment,” says Polden. “Further, this mission resonated with the mission of Jesuit Catholic education by valuing educational excellence of ‘the whole person’ while opening opportunities for groups that had been historically marginalized in higher education.”

While law schools such as Santa Clara have made significant progress, the legal profession as a whole has not (see sidebar on Page 17).

Having a diverse legal system, according to Santa Clara Law Professor Allen Hammond, is crucial to establishing a justice system that has credibility. “People who do not perceive themselves as beneficiaries of society’s laws will be reluctant to uphold those laws,” says Hammond. “We need a society that sticks together, where everyone agrees that the laws of stopping at stop lights apply to them. Otherwise we will have chaos.”

Other institutions, too, need to be diverse: legislative bodies, government agencies, and corporations. Santa Clara Law Professor Angelo Ancheta, who studies civil rights and race relations, says that when the leadership of institutions “reflects the racial and ethnic diversity of the nation, they command more respect and legitimacy.”

With law school being the door not only to the legal profession, but to political office and executive suites, law schools’ commitment to diversity is essential to the nation as a whole.

NUR TURING LEADERS IN DIVERSITY Santa Clara Law’s long-time commitment to diversity is a value shared by all, says Senior Assistant Dean Julia Yaffee.

This means all faculty and staff of the law school—not just those involved in minority-targeted programs—are involved in efforts to ensure minority students succeed in law school and enter the profession prepared for its challenges.

This commitment has created a ripple effect in the legal community: as Santa Clara Law graduates increasing numbers of minority students, those alumni are mentoring and acting as role models for others, thereby helping move the profession towards greater diversity.

Two of them, Victor Marquez ’90, and Rodney Moore ’85, are leaders of large associations of minority lawyers focused on encouraging students of color to consider the legal profession and promoting their success within it.

Marquez came to the U.S. from Guanajuato, Mexico, as a child speaking no English. After earning a degree from U.C. Santa Barbara, he enrolled in Santa Clara Law, where he was active in the La Raza Law Students Association. He practiced fall 2008 santa clara law 13

As one of the most diverse law schools in the United States, Santa Clara Law and its commitment to diversity have created a ripple effect in the legal community: as increasing numbers of minority students graduate,

at Gordon & Rees as a real property lawyer before becoming executive director of San Francisco’s La Raza Centro Legal.

Marquez later established his own firm, The Marquez Group, in San Francisco. In fall of 2007, Marquez became president of the Hispanic National Bar Association (HNBA), an organization of more than 48,000 Latino judges, law students, and attorneys. Marquez says the HNBA is the most diverse bar association in the country; and that he is its first openly gay president. (Marquez and his partner of 17 years married in San Francisco in September.) His term as president ended in early September, and he is now a member of the executive leadership board.

Marquez attributes his success in law school to the message he got while at Santa Clara. “Santa Clara Law has been great at diversity,” says Marquez. “Their attitude is ‘we want to keep everyone in the school and succeeding.’ I always felt a sense of community, of nourishment, that everyone cared. My professors knew I was a person of color and they were committed to my success,” he says.

Rodney Moore ’85, one of the recipients of Santa Clara Law’s 2008 Alumni Achievement Award (see page 25), grew up in East San Jose. He first came to Santa Clara University after eighth grade to participate in a summer program that prepared students to take rigorous high school classes. This experience, he says, gave him the confidence to pursue leadership roles in high school, including as president of the Black Student Union.

Moore earned a degree in political science from the University of Washington, and, because of his experience as a teen, chose Santa Clara Law. He continued developing his leadership skills through his service as treasurer of the Student Bar Association, and president of the Black Law Student Association (BLSA). Moore established his own practice in San Jose before becoming general counsel for the East Side Union High School District in San Jose and later for the Atlanta Public Schools. He is now of counsel at Greenberg Traurig in Atlanta, and president of the National Bar Association, an organization of more than 22,000 AfricanAmericans in the legal profession. Moore says Santa Clara Law not only provided him a quality education, but instilled in him the ethics and values to take on the challenges he has faced.

Both Moore and Marquez credit Santa Clara Law with supporting them as minority students and helping them develop leadership skills.

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EVERY DAY IS CRITICAL MASS DAY Student diversity benefits all students and provides them with skills and a comfort level for practicing in an increasingly diverse legal system, says Santa Clara Law Professor Philip Jimenez.

Daggs says that diversity in the student body brings a different perspective to what would otherwise be a onedimensional academic discussion. “When you are talking about constitutional law, for example,” she says, “it’s nice to have a person from a different background talk about their experience. It often makes others feel uncomfortable, but that’s okay when it makes them think about issues they haven’t thought of before.”

Jimenez, who has taught at Santa Clara Law for 34 years and is associate director of the Center for Global Law and Policy, says that student diversity essentially brings the world into the classroom. “The same thing that students learn studying abroad, they learn in a diverse classroom: that there are different perspectives involved in resolving a problem, that diplomacy may be required, and that a resolution leaving people comfortable and having saved face may be the best one.”

Professor Margalynne Armstrong, a faculty advisor to BLSA, is heartened that at Santa Clara Law study groups are increasingly diverse. “Students who have had interracial groups of friends can base their perceptions of race on personal experiences rather than assumptions based on media images,” she says.

Santa Clara Law’s numbers indicate that it has done well in student diversity, but it wants to go further. The goal is not only to help diversify the profession in general, but also to “provide opportunities to people from populations that are under-represented now, especially African-Americans and Latinos,” says Yaffee.

Wallace appreciates this aspiration. He says student diversity is important because as a student you want to study “in a place where the issue is not you.” He remembers a class discussion of a case where an attorney used a preemptive strike to excuse a juror who was African-American and had dreadlocks down to his waist, as does Wallace. It was hard for him not to feel conspicuous. “Even if people aren’t looking at you, you feel that they are,” he says.

Having sufficient diversity so that no one feels conspicuous is the ideal, according to Moore. “The cultural interaction between groups works best when you have a critical mass of

P H OTO CO U R T E S Y O F R O D N E Y C H O I C E

those alumni are mentoring and acting as role models for many other students and lawyers who will help move the profession towards greater diversity.

Victor Marquez ’90 (left), and Rodney Moore ’85, are leaders of large associations of minority lawyers focused on encouraging students of color to consider the legal profession and promoting their success within it.

individuals—not just one person with the burden of representing millions of members of his or her race,” he says.

It’s one thing admitting a diverse group of students.

Making sure they are successful requires extra attention to them, especially in their first year. Armstrong says, “It’s harder to get your bearings in law school when you are the first generation in graduate school or your educational opportunities have been limited.”

To keep an eye on students’ progress, Santa Clara Law has set up classes so that every student has a “small section”—an academic class with only 40 students—to allow faculty to get to know students and check in on their progress. “The students can’t be invisible,” says Hammond. And increasingly, he says, faculty members are incorporating basic law school study skills into their regular classes since law school requires thinking, study, and organizational skills different from those many students have used in the past.

The Academic Success Program (ASP), open to all students, helps students develop the academic and analytical skills necessary to succeed in law school and addresses the inevitable disparities in the preparedness of all, not just minority, firstyear law students. It offers study sessions, seminars and workshops, and practice exams.

LAW SCHOOL SUCCESS: WHAT A DIFFERENCE A FACE MAKES Wallace walked into his first-year contracts class at Santa Clara Law and received what he says felt like a Christmas present: the face of Professor Hammond, African-American, like his own. “I saw a regular black guy. He looks like a regular black guy, he sounded like a regular black guy. I felt if he could do it I could do it. I knew that he worked hard to get there so I needed to work hard. I was obligated.”

To Wallace, a diverse faculty is crucial. “Once you are in law school, faculty is everything,” he says. “Because at the end of the day, it’s about grades and confidence. And confidence comes from having people who understand you.”

Daggs, too, is delighted to see faculty members of color.

“It tells me that there are many types of people who can fit into the role of professor. Seeing someone who looks like me adds a familiarity that makes me comfortable.”

Students also are often drawn to professors of their own color for mentoring. “Students of color are curious to find their place in the profession,” says Daggs. “At one BLSA meeting, female law students were asking whether wearing braids to work is considered professional. These types of questions are very unique. You cannot address these issues in the classroom.” fall 2008 santa clara law 15

K AT E B U R G E S S

Senior Fellow and Assistant Dean Marina Hsieh was recently renominated to a three-year term on the State Bar of California’s Council on Access and Fairness, which addresses issues of diversity and inclusion at all stages of the participants in the “legal pipeline” from elementary schools to judgeships.

“Students at Santa Clara Law really benefit from the commitment to having a racially and culturally diverse faculty,” adds Armstrong. “They are more comfortable in situations of having people in authority being of color and having peers from different backgrounds. Having educational experiences where there are a variety of people from different backgrounds is helpful for the real world.”

Polden says Santa Clara Law faculty diversity goes far beyond color: The faculty is “highly diverse in nearly every measure of diversity—racial, ethnicity, religion, gender, and ideological,” he says. “They bring an important set of perspectives to the classroom and challenge our students’ assumptions about law, politics and culture. The composition of the faculty is very similar to the diversity of the student body and demonstrates to our students the benefits of workplaces and learning environments that are highly diverse, much as our communities and social structures are increasingly diverse.”

All Santa Clara Law professors, not just those of color, are key players in ensuring the success of minority students and of all students seeking education in a diverse environment. Wallace says one of the professors who has most inspired him was Professor David Yosifon, who began his business organizations course with Martin Luther King. Jr.’s “I have a dream” speech. “There is no way I’d find that at another law school,” he says.

Minority students at Santa Clara Law often give the most credit for their success to its professors whom they describe as caring, inspiring, and supportive. Students are usually surprised by the amount of “face time” faculty have for them outside of class.

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Faculty diversity remains a top priority of the school.

At Santa Clara Law, the number of Asian-American faculty and instructors has increased significantly in the last several years, including the addition of Senior Fellow and Assistant Dean Marina Hsieh, who earned an A.B. from Harvard, and a J.D. from Boalt. Hsieh has been very active in the American Civil Liberties Union, where she has served for more than 10 years as a national board member, and spent seven years on the executive committee. She was recently renominated to a three-year term on the State Bar of California’s Council on Access and Fairness, which addresses issues of diversity and inclusion at all stages of the participants in the “legal pipeline” from elementary schools to judgeships. Latino and African-American numbers have increased more modestly, according to Ancheta. “We still have more work to do,” he says, “but the school has certainly been making solid progress.”

BREAKING DOWN BARRIERS TO LAW SCHOOL As leaders of organizations representing nearly 100,000 AfricanAmerican and Hispanic law students, lawyers, and judges, Marquez and Moore share a common concern: Why aren’t more minorities entering the legal profession? While law schools like Santa Clara Law have had success in increasing their enrollment of minority law students, the percentage of minority lawyers in the profession is stagnating, if not decreasing (see sidebar).

One of the problems, according to Santa Clara Law Professor Margaret Russell, is that the educational “pipeline” is not bringing more African-American and Latino applicants to the law schools. “We are competing with other universities for the same students,” she says.

Law schools are also competing with companies offering jobs and with other graduate schools. “Very accomplished students of color have many options, so it is harder for law schools to attract a critical mass of African-American, Latino, and under-represented Asian-American students of color,” says Hammond.

These accomplished college students with many options are fortunate. But a grave concern is what is happening to African-Americans and Latinos who don’t make it that far. In California 41.3 percent of African-American students and 30 percent of Hispanic students drop out of high school.

Moore, as a former school district attorney, offers valuable insight. He traces the problem all the way back to elementary school. “Eighty percent of current African-American law students are women,” he says. “This is not to say they are not qualified, but what is happening to the men?” Part of the problem, says Moore, is that young boys are identified by their (mostly female) teachers as violent, even when engaging in play that, in years past, was considered “boys-being-boys,” he says. “Modern society has a tendency to criminalize all conduct. Any fight is now considered gang activity.”

According to the Department of Justice, 32 percent of black males will enter prison during their lifetime, compared to 17 percent of Hispanic males and 5.9 percent of white males. “What we are doing is appalling,” Armstrong says. “We have switched from funding education to funding the criminal justice system.”

African-Americans and Latinos who do graduate from high school are facing increasing barriers to getting into college, including what Ancheta calls the “backlash against affirmative action.” This includes California’s Proposition 209, banning public institutions from considering race, sex, or ethnicity, which has lowered African-American and Latino enrollment at California public universities (and increased Asian enrollment), says Ancheta. (Daggs says that when she studied at U.C. Berkeley, African-American students often waved to each other because there were so few of them on the large campus.) Fewer minority undergraduates means fewer minority law students.

Also, African-Americans and Hispanics might not see a future for themselves in the legal profession, says Moore. In Atlanta, where he practices, there are only ten or so AfricanAmerican partners in the biggest law firms. And that’s in a city that at one time was 80 to 90% African-American and is now 60% African-American, he says. Dentistry or engineering may seem more attractive options, he says.

This “pipeline” problem is one of the main concerns of both the National Bar Association and the Hispanic National Bar Association, both of which have undertaken programs to increase the number of minority students in law school.

NATIONWIDE DIVERSITY STATS The U.S. is now nearly 35% minority consisting of 14.8% people of Hispanic origin, 12.8% AfricanAmerican, 4.4% Asian-American, .2% Pacific Islander or Native Hawaiian, 1% American Indian/Alaska Native and 1.6% mixed race.

CALIFORNIA DIVERSITY STATS California is almost 60% minority: 35.9% Hispanic, 12.4% Asian-American, 6.7% African-American, 1.2% American Indian/Alaska Native, .4% Pacific Islander/ Native Hawaiian, and 2.4% mixed race. Its under40 population is even more diverse: 38% Latino or Hispanic, 13% Asian-American, 8% African-American, and just 39% non-Hispanic White. And if you visit a San Francisco public elementary school you will find that only 11% of students are non-Hispanic White.

U.S. LAWYERS The 2000 census reported that 89.9% of lawyers were Caucasian, and only 3.9% were African-American, 3.3% of Hispanic origin, and 2.3% Asian-American.

CALIFORNIA LAWYERS In California, though 35.9% of the population is Hispanic, only 3.8% of bar members are; 12.4% of California’s population is Asian-American (+.04% Pacific Islander), but just 5.3% of bar members are Asian/Pacific Islander. African-Americans make up 6.7% of the population of California but only 1.7% of the bar members. And some numbers have fallen or stagnated: African-Americans bar membership rose from 2% in 1991 to 2.4% in 2001, but fell to 1.7% in 2006. Latino bar membership grew by only .1% in that five-year period (3.7%-3.8%) and Asian/Pacific Islander membership declined from 6% to 5.3%.

Sources of statistics in article: U.S. Census, California State Bar, National Association for Law Placement, American Bar Association, LSAT, U.S. Dept of Justice, San Francisco Chronicle (July 16, 2006 re dropout rates)

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K AT E B U R G E S S

One of the many ways Santa Clara Law helps minority students succeed is through the Academic Success Program (open to all students), which offers study sessions, seminars and workshops, and practice exams to help students develop the academic and analytical skills necessary to succeed in law school.

Santa Clara Law has as well. Six years ago, it began its Prelaw Undergraduate Scholars (PLUS) program. Sponsored by the Law School Admission Council, and one of only six such programs in the country, it brings college students from disadvantaged backgrounds who are interested in the law to campus for four weeks to see what it’s like to be a lawyer (and to see lawyers who look like them). The students, who come from all over the U.S., stay in the dorms with all expenses paid.

Graduates of the program are currently in law school at Santa Clara, Hastings, and USF, says Jeanette Leach, Assistant Dean of Admissions and Financial Aid. (Armstrong, a teacher in the PLUS program, noted that there were no African-American male students in the 2008 summer PLUS program.)

For minority students who do make it through college, what sort of reception do they get at the admissions office?

Santa Clara Law hopes it will be a warm welcome. It has tried hard to avoid a trend in the nation’s law schools to characterize a student’s promise as a lawyer solely based on numbers, something Ancheta refers to as “the pressure that ranking systems place on law schools to show high LSAT scores and GPAs.” Marquez calls it “a cookie-cutter approach to law school admissions” that results in fewer Latino lawyers. Many law schools, says Marquez, “are focused on who will pass the bar the first time around; they are not looking at people’s unique traits. If we want a legal profession that reflects society, we need a new paradigm for what makes a good lawyer.”

Santa Clara Law’s Special Admissions Policy, which has not changed since it was established in 1972, allows students to apply for admission emphasizing qualifications beyond the traditional GPA and LSAT scores, including their motivation, community involvement, and extracurricular activities that show potential for success.

Students admitted under this program have mandatory tutoring and other services to help them succeed, including the school’s Academic Success Program.

18 santa clara law fall 2008

SUCCESS BEYOND LAW SCHOOL Upon graduating from Santa Clara Law, many minority lawyers are poised for success in practice. Santa Clara Law seeks to help keep them on track.

Minority lawyers are often hotly pursued by law firms and offered high starting salaries. According to the National Association for Law Placement, male and female minority graduates are making on average $145,000 compared with $115,000 for non-minority women and $130,000 for nonminority men. Just over 18 percent of associates in law firms nationwide are minorities. One reason for this demand is corporations that require the law firms they hire to demonstrate diversity. For instance, Wal-Mart’s Web site says: “Twenty-six percent of the attorneys in our U.S. legal department are minorities and 42 percent are women. Half of the officers in the legal department are women and minorities. We expect nothing less from the firms we choose to represent us.”

Why? Because, according to Gordon Yamate ’80, former general counsel for Knight-Ridder and chair of the in-house Counsel Committee of National Asian Pan American Bar Association, “The only way for a corporation to have credibility is to reflect the community it serves.”

Vicki Huebner, assistant dean for Law Career Services, says, “Diversity is increasingly important to the financial well being of law firms. Large law firms in major metropolitan areas will most likely have a diversity committee, which promotes the recruitment and retention of minority lawyers.”

Unfortunately, minority associates may encounter roadblocks as they near partnership: Only 5.4 percent of law firm partners nationwide are minorities. Ancheta attributes this dropoff in part to “glass ceiling” issues, “unconscious bias against minorities and women that limit their job opportunities.”

Santa Clara Law professors, administration, and alumni are all involved in educating minority students about these possible challenges (some of which apply to women and gays as well) and helping them overcome them. Many have personal experiences in dealing with racial and ethnic barriers.

Santa Clara Law Professor Anna Han, who began practicing in big firms in the early 1980s, recalls when she was lead attorney in a settlement negotiation, but opposing counsel kept addressing her male colleague, and when, as the only woman or minority in the room, she would be asked to make copies.

Moore appeared in court in San Jose in the mid-1980s and was asked by the judge if he had “come down from Oakland.” Well throughout the ’80s, he was asked by judges and court clerks in the mid-Peninsula area to show his bar card to prove he was a lawyer.

Yamate says Asians may be criticized for not speaking their mind. “Asians may have been taught by their parents to work hard, show respect and defer to others, especially the elderly, to seek consensus, and not ‘be the nail that sticks out,’” he says.

Han has identified another barrier, which she calls the “glass partition,” meaning a divide between areas of practice that you aren’t supposed to cross. “If you are Hispanic, people expect you to practice immigration law, and they are surprised if an African-American wants to practice IP litigation,” she says. And if you’re Asian, says Ancheta, “you may be seen as not aggressive enough to be a litigator.”

Barriers to partnership are hard to break through without the help of a mentor, says Moore, and “minorities often lack ‘natural mentors.’” Attorneys in a firm “often gravitate to people they have the most in common with—people from their neighborhoods and churches, which are some of the most segregated institutions. The best mentors are found when someone naturally takes an interest in you,” Moore says.

A great way for students to find mentors is through Santa Clara Law’s active Alumni Association. Armstrong says that when Moore, a member of the Alumni Board, practiced in San Jose, he “was the liaison between the Santa Clara Black Lawyers Association and Santa Clara Law. His support was amazing. He was very involved in supporting of all the minority law students.” This included hosting receptions at his firm so that Santa Clara Law students could meet other lawyers of color and possibly link up with a mentor.

In addition, the bar associations that Moore and Marquez lead and that Yamate is involved in provide many additional networking opportunities.

The best thing Santa Clara Law can do for minority students is give them a superior education, according to Jimenez.

Jimenez says “numbers and statistics mean very little unless members of those diverse cultures and communities can speak with authority and have their voices heard.” Jimenez says that minorities are sometimes expected to be “twice as good.” Fine, he says, “be twice as good.”

Jimenez urges minority students to look beyond these barriers and to pursue whatever goals they choose. “From time to time we may be confronted by glass ceilings,” he says, “but we should ignore them and move forward; they will disappear.

Remember, this effort is multigenerational.”

CAMPUS COMMITMENT Success in diversity requires a deep, institution-wide commitment, one that is reflected in all of campus life. Santa Clara Law’s student clubs, such as BLSA and La Raza, play an important role in mentoring, peer support, counseling, and dispute resolution when a student feels that a racial issue has arisen on the job, in a class, or in any other situation.

These instances do occur; fortunately, they are rare. Santa Clara Law is a very diverse campus and being successful at it is highly valued. Russell says that adding diversity to the law school’s curriculum through its social justice program, has helped. “The law school now has a rich curriculum in the social justice area that allows students to study race and class and makes the environment more sensitive to these issues,” she says.

Santa Clara Law is proud of its success but knows there is plenty of work ahead in this evolution of the profession.

“Race and ethnicity will never not matter,” says Ancheta.

“People will always categorize others.” If diversity is valued because it brings perspective, “race will always have to do with perspective,” says Wallace.

What lies ahead for Daggs and Wallace? They will, in a sense, be trailblazers. “Our graduates,” says Polden, “will take positions of responsibility and importance in a legal profession that is still struggling to have a ‘face’ that replicates our communities and to open opportunities for racial and ethnic groups to achieve their goals of becoming lawyers and judges.”

Jimenez has no doubt that the experiences they have had at Santa Clara will serve them well. “Our graduates, having received their legal education in a diverse environment, have gained new perspectives on the process of problem solving. In a world in which the sources of power and influence become increasingly diverse, their advice and opinions can be very valuable in the development of much-needed innovations, domestically as well as internationally.” And these Santa Clara Law alumni will also be prepared to serve as leaders and mentors, helping to foster a truly diverse legal system.

HOW YOU CAN HELP We encourage all alumni to mentor students. You can help law students succeed in a number of ways, including: • • • • •

Take a student to lunch.

Invite a student to a law firm event.

Participate in the PLUS program.

Donate to a law student scholarship fund.

Encourage someone to go to law school. Print out our coupon to waive their application fee.

See law.scu.edu/alumni/coupon.cfm for details.

For more information on how you can get involved, please contact Stacey Rishel, Director of Law Alumni Relations, at 408-554-5496 or email srishel@scu.edu.

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BY S U S A N VO G E L

PH OTO S B Y C H A R L E S BARRY

LEADING THE CLASS Three outstanding graduates of the Class of 2008

What a Difference a Professor Makes: Scott Mangum ’08 Six years ago, Scott Mangum was a community college student with a less-than-stellar high school academic record.

On May 17 of this year, he received Santa Clara Law’s Inez Mabie Award. Provided by the Mabie Family Foundation, the award is given to “the graduating student who best represents the type of student Santa Clara University School of Law is most proud to graduate by reason of demonstrated qualities of scholarship, community leadership, and a sense of professional responsibility.”

You won’t learn about this, or his other academic achievements, from Mangum, however. He understates his success, for instance, saying he graduated in the top 10 percent of his law school class (which is true, though it is also true that he was in the top two percent). He keeps his other honors equally at bay. You’ll have to ask for his resume to learn that he received no fewer than 16 honors in law school, from being named editor-in-chief of the Law Review, to receiving eight CALI and Witkin awards for earning the top grade in his first-year classes. He won Best Brief and Best Oral Advocate awards in moot court competitions, won the Gerald E. Moore Moot Court Competition and Scholarship, and received the Emery Merit Scholarship (awarded for overall academic excellence) for all three years of law school.

While in high school in Danville, Mangum says he was interested mostly in sports and having fun. He spent two years at Diablo Valley College before transferring to UCLA. It was there that the spark of an interest in history burst into a full-on love, thanks to controversial professor, Mary Corey, whose cultural history courses challenged the conservative views he had been exposed to growing up. Mangum graduated from UCLA with a 4.0 GPA. Sticking with history for graduate school was a natural choice—his mother studied history extensively in college and his brother has a Ph.D. in 20 santa clara law fall 2008

the subject. But volunteering at the Western Law Center for Disability Rights showed him the power of the law. While helping people with cancer fight workplace discrimination, he saw “the law’s capacity to effect positive social change and really help people on a personal level,” he says.

Mangum credits his success in law school to two things: his history background, which gave him the ability to see the law in the context of public policy, not just as a bunch of rules to memorize, and the Santa Clara Law professors who made the law interesting. He credits Professor Philip Jimenez in particular for making the law fun and relevant as well as for piquing his interest in international law. With Jimenez’s encouragement, Mangum, who had never been outside the U.S., competed for and won the Gerald E. Moore Scholarship, which paid for his summer program in Korea.

His exceptional grades “just kind of happened as a result of taking interest in what I was doing,” he says. He does admit that his interest in the law might be better characterized as a passion. “I feel unique in the amount of enjoyment I get from the law,” he says.

In spite of his success in honors moot court, Mangum insists he’s “not wired for litigation,” and will be joining the transactional department of the Boston firm of Ropes & Gray in its San Francisco office, working on matters relating to health care law, corporate governance and compliance, investment, mergers and acquisitions, international law, licensing agreements, and corporate structuring.

To students who haven’t yet found something they love, Mangum advises “keep an open mind, read everything you can get your hands on, and think about how various subjects interrelate. By working or studying in one field, you can have a great impact on a multitude of areas.” Most importantly, he adds, “I would tell students to find something that makes them happy, whether it be in academics or not.”

A Man and a Woman for Others: Kristin Love Boscia B.S. ’03, J.D. ’08 Maybe it was the sun. Maybe it was the fact that their team was winning. But as soon as the words were out of her mouth, she couldn’t believe she said them. Kristin Love was sitting with her friend, Chris Boscia, watching the Cleveland Indians slam the Oakland A’s. He had told her he had seriously considered becoming a priest.

“You can’t,” Love said. “Why not?” he asked. “Because I plan to marry you,” she said. The moment she heard her words, she was mortified. “I was secretly in love with him. I knew I had to tell him of my feelings. I just hadn’t planned to say it that way,” she explains.

Her embarrassment was put to rest when, on the drive home, he seemed to have ignored what she had said. “Oh good,” she thought. “He thinks I was kidding.”

Love and Boscia had met a year earlier when Love, then a junior at SCU and the director of the Santa Clara Community Action Program, interviewed him for a job at SCU. The two clicked and they became close friends.

Love had come to SCU from Oregon three years earlier, intent on following her mother’s advice to “find a job you love and you will never have to work.” Driven by a desire to help others, Love initially thought that she would be a doctor, but her chemistry grades told her otherwise. When she learned SCU’s economics courses had a social justice element, she changed her major and took classes such as Latin American Development and Women in Economic Development. She

minored in religion. On grants from SCU, she spent two summers in El Salvador learning about the economic and political situation, especially for women.

After telling Boscia of her plans to marry him, Love, who speaks Spanish, joined the Jesuit Volunteer Corps in Houston working as a legal caseworker with survivors of human trafficking, political persecution, and domestic violence. Her experience in Texas convinced her she wanted to become an immigration lawyer.

To avoid a heavy law school debt, Love and Boscia attended SCU’s part-time program and worked full-time on campus. They both lived—separately— in undergraduate dorms as resident ministers, even after they married in September 2007. At times it was tough. “Our first year we would take turns deciding to quit school and then the other would talk us off the cliff,” she says. “The good thing is that we were never going to quit at the same time.” During law school, she worked at Starbucks, the Office of Undergraduate Studies, as a law clerk for an immigration lawyer, as a judicial intern, and for Bay Area Legal Aid. Love received the Thurgood Marshall Civil Rights Scholarship and a pro bono award, participated in honors moot court, and earned a certificate in Public Interest and Social Justice Law. Christopher Boscia, Kristin Love Boscia, and Scott Mangum celebrate their graduation in May 2008.

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When Love came to SCU in 1999, she had only a vague idea about what the Jesuits do.

Through her experiences, she says, “My vision of serving others has really grown. The idea of being men and women for others has really changed my vision of public service. I am committed to doing work with people where I feel I’m making a difference.”

As for her confession to Boscia, “It’s so funny thinking back to it,” she says. “I could have just graduated and moved away. I’m so fortunate that I told him how I felt.”

Chris Boscia J.D. ’08

New Record for Class Gift The class of 2008 raised a record amount for its class gift—$7,014. With law school funds, Dean Donald Polden matched the first $5000 raised by the students, bringing the total to $12,014.

These funds will be combined with money raised by the class of 2007 to remodel the lobby area near the elevator next to the Heafey Law Library.

When remodeled, the lobby will have new tables, chairs and couches, and present a first-class impression to law school visitors. Additional money from the successful fundraising drive will go to scholarships for law students.

“I was impressed by how many of my classmates participated in the class gift,” said gift committee co-chair Kristin Love Boscia. “They were so approachable and generous.”

Kristin’s husband, Chris Boscia, was the committee co-chair. Another 21 students served on the gift committee.

The money was raised with contributions by 77 students (25 percent of the class), as well as by some law faculty.

More than 40 students contributed $50 or more, and will be recognized as Dean’s Circle Associates, with an invitation to a special reception with Dean Polden and other law school donors.

—LARRY SOKOLOFF ’92

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Boscia was not prepared for Love’s admission. They were just friends. “I was blown away,” he says. “What guts! I just wanted to kiss her.”

Later, Boscia told Love that he also had feelings for her…feelings strong enough to change the path he had been on for most of his life.

He might have become a priest. Boscia attended a Jesuit high school and had earned bachelor’s and master’s degrees in theology from Boston College. By the time he met Love, he had worked as a campus minister at Regis High School in New York and as a visiting fellow at the Center for Ignatian Spirituality at Boston College.

In 2002, he helped win a $2 million grant for SCU, resulting in his management of the DISCOVER program, helping students find their callings by drawing upon Renaissance concepts of vocation and Ignatian spiritual practice. (Boscia’s minor in finance, encouraged by his father, paid off for SCU.) After the baseball game, he and Love dated long distance for 16 months. Continental Airlines staff at the San Jose airport knew him by name. Encouraged by his mentor, the late Professor Bill Spohn, Boscia decided to apply to law school to pursue the career in teaching he had begun at Regis High School.

While attending Santa Clara Law’s part-time program, Boscia worked for the DISCOVER program as a summer fellow at Sacred Heart Nativity School, and as executive assistant for the California Commission on the Fair Administration of Justice, headed by Professor Gerald Uelmen. Boscia was president of the Part-time Law Student Association and in 2006 was named Student Leader of the Year. This year, he received the Law School’s Community Service Award and was named ALI-ABA Scholar and Leader for the Class of 2008, an award which is presented to the graduating student who best represents a “combination of scholarship and leadership, the qualities embodied by the American Law Institute and the American Bar Association.”

Marriage has not changed Boscia’s calling in life, only the direction it has taken. He says that his vocation was fixed thanks to “two simultaneous events.” First, his family’s switching from an “all crucifixtion, no resurrection” parish to “a diverse, inner-city parish where the Spirit was present in the people, in the preaching, in the singing, and in the works of service in which all members participated.” Second, his entering St. Ignatius High School in Cleveland. “I simply fell in love with the vision of St. Ignatius and the Jesuits,” he says.

“Ignatius’ calling was simple: to help others’ souls. That was what I wanted to do with my life and what I still want to do with my life.”

Inspired by his experience with the California Commission on the Fair Administration of Justice and by his mother’s longtime public service (as president of Cleveland’s City Council), he has taken a next step towards public service: application to the U.S. Attorney’s Office.

Kristin and Chris continue to give. Dean Polden invited them to co-chair the Class Gift Committee for 2008, which set a new record for graduating class gifts (see sidebar).

SUSAN VOGEL is a frequent contributor to Santa Clara Law.

Above: Mary Colleen Ryan. At right, 1: Hon. Phyllis Hamilton ‘76, the commencement speaker. 2: Krystal Lettenberger, Sara Beede, and Kelly Monroe enjoy the California sunshine at their outdoor commencement ceremony. 3: Bruce Shem and two of his biggest fans. 4: Fatima Dadabhoy and Julienne Yueh look for friends and family in the crowd. 5: George Peterson and David Wang celebrate the relief and joy of the day.

1 2

2008 Commencement Highlights When Phyllis Hamilton graduated from Santa Clara University’s School of Law in 1976, 8.4 percent of all law school graduates in the United States were women. But when she addressed the graduating class of 2008 at its commencement ceremonies on May 17, women made up approximately 50 percent of the School of Law’s graduates. And Hamilton herself had come far, addressing the class as U.S. District Court Judge for the Northern District of California. She was appointed to the federal bench by President Clinton in 2000, and has made national news for rulings on such controversial subjects as abortion and teaching about the Islamic religion in public schools.

At the ceremony, 302 J.D. degrees and 9 LL.M degrees were awarded. Of the J.D. degrees awarded to the 96th graduating class, 147 were awarded to women and 166 to students of color.

Hamilton drew on her own experience as a lawyer, and now as a judge, as she shared two pieces of advice with the graduates. “Strive to be the best person you can be,” she said. She encouraged students to keep an open mind, adding, “Don’t be afraid of change; change can be good.”

She also talked about how the legal profession has changed since she graduated from law school. Technological innovation and advancements have introduced a new layer of skills that lawyers must possess in order to be successful. “Today is as exciting a time as ever to become a lawyer,” she told the graduates. “The opportunities available to you are virtually limitless.”

“Graduation was both a joyous and sad occasion,” said graduate Nathaniel Lucey. “Joyous because I can now put my education to good use. Sad because I will be leaving SCU’s students and professors.”

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“It was also a nice time to share my experience with family and friends, who may not entirely know how difficult it is to conquer the three years of law school,” said classmate Scott Mangum.

“The graduation gave them a little taste of the experience.”

For a link to more commencement photos, visit law.scu.edu/alumni.

—LARRY SOKOLOFF ’92

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BY S U S A N VO G E L

PH OTO S B Y N A N C Y MARTIN

2008 Spring Awards Banquet Honorees In April, more than 200 alumni, staff, family, and friends of the law school gathered to honor three law alumni and a law professor at the 2008 Spring Awards Banquet.

THE ALUMNI SPECIAL ACHIEVEMENT AWARD The Alumni Special Achievement Award was established by the Santa Clara Law Alumni Association for the purpose of publicly recognizing outstanding achievements of Law School alumni. Recipients are those who have distinguished themselves in their profession, community, and in service to humanity.

SALVADOR “SAL” LICCARDO B.S. ’56, J.D. ’61 Sal Liccardo is one of the top trial lawyers in the U.S. Throughout his career, he says he has been motivated by simple things he absorbed growing up: the value of education and hard work, the importance of following through on one’s word, and a commitment to making a difference. He is a leader not only in the legal community but also now, in the international arena, where he is using his competence and credibility to help create a legal system on the other side of the world.

Liccardo was born in 1935 in the Mission District of San Francisco, where his father worked as a longshoreman. His mother was from a family of 13 that worked in the canneries.

When Sal was 5, the family moved to San Jose where they ran Notre Dame Market.

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Left: Alumni Special Achievement Award Winner Sal Liccardo ‘81, current board member of the International Academy of Trial Lawyers, and past president of Trial Lawyers for Public Justice, attended the banquet with his wife, Laura. Right: Rodney Moore ‘85, a trial attorney in Atlanta, is president of the National Bar Association, an organization of more than 22,000 African-Americans in the legal profession.

Though his father had only an eighth grade and his mother a sixth grade education, they valued education and sent him to Bellarmine College Preparatory. He went on to earn a degree in political science from SCU in 1956.

After graduation, Liccardo went on active duty with the U.S. Army Signal Corps. Stationed in the Philippines, he experienced the world’s first spacecraft launched by Russia, and a standoff, with the threat of nuclear bombing, between the U.S. and China.

When he returned to the States, Liccardo enrolled in Santa Clara University School of Law. There he met his wife, Laura Aceves; they married during his second year of law school.

Liccardo says he discovered his love for the law the day he began practicing. In 1963, he co-founded Caputo and Liccardo, later Liccardo, Rossi, Sturges & McNeil, in San Jose.

Liccardo has been named one of the top 100 lawyers in Northern California (Northern California Super Lawyers, 2005-08); one of Silicon Valley’s top lawyers (San Jose Magazine, 2005-07); one of “The Best Lawyers In America” (2007); and one of the 500 Leading Plaintiff Lawyers in America (2007, Lawdragon). Since 1974, he has been a member of the Inner Circle of Advocates. In 1994 the Santa Clara Trial Lawyers Association named him Trial Lawyer of the Year. He is a current board member of the International Academy of Trial Lawyers and past president of Trial Lawyers for Public Justice.

In the 1990’s, Liccardo became involved in helping build a legal system in China 50 years after Mao wiped out

China’s legal system. He considers this to be some of his most rewarding work.

Liccardo continues to try cases and stays busy as ever. He enjoys skiing, sailing, and playing golf, often with Laura, his five children, and his three grandchildren.

RODNEY GREGORY MOORE J.D. ’85 Rodney Moore learned from his family that there is no contradiction in loving your country and at the same time challenging what it does. That belief, coupled with a talent for bringing together people of disparate views and backgrounds, has led him to become a leader in the quest for social justice in the community as a whole and in the legal profession in particular.

Moore is president of the National Bar Association, an organization of more than 22,000 African-Americans in the legal profession, which seeks to improve the administration of justice through vetting judicial and political candidates, improving the legal practice for African-Americans, and encouraging African-Americans to attend law school.

Moore grew up in East San Jose, where he observed a dual system of treatment between Caucasians and others. He became determined to help eliminate these inequities.

The summer before high school, Moore participated in SCU’s Project 50, designed to prepare students for challenging high school courses. It gave him the confidence to take on leadership roles, including serving as president of the Black Student Union.

Moore earned a degree in political science from the University of Washington in 1982 and, because of his experience in Project 50, chose Santa Clara University School of Law. Moore was treasurer of the Student Bar Association, president of the Black Law Student Association, and associate editor of the Computer and High Technology Law Journal. Since then, he has served on Santa Clara Law’s Alumni Board and Board of Visitors.

After graduating from Santa Clara Law, Moore established his own practice representing plaintiffs in employment cases.

In 1997, Moore became general counsel of the East Side Union High School District. The same year, he was recognized as the Loran Miller Statewide California Attorney of the Year.

He served as pro bono general counsel to the Santa Clara County Black Chamber of Commerce and on the board of the Santa Clara County Bar Association. In 2000, Moore joined the Atlanta Public Schools as its general counsel. Moore served as chair of the NSBA Urban School Law Committee, and on the National School Board Association Council of School Attorneys.

In 2005, Moore joined the Atlanta office of Greenberg Traurig where he practices in the areas of labor and employment, litigation, and commercial transactions. In 2007 and 2008, Moore was listed in The Best Lawyers in America.

He is also an “AV” rated lawyer, a recognition of his many years of practice and his high level of skill and integrity.

Moore resides in Atlanta with his wife, Yaslyn, and their son and daughter; an older daughter just graduated from college. fall 2008 santa clara law 25

Co-founder of McPharlin, Sprinkles & Thomas, a San Jose firm where she practices real estate law, Catherine Sprinkles ‘73 (here with SCU University President Paul Locatelli, S.J.) is a tireless advocate for women in the legal profession. At right, Paul Goda, S.J., recieved the Owens Lawyer of the Year award for his nearly four decades of service to the University.

CATHERINE SPRINKLES J.D. ’73 When Catherine Sprinkles enrolled at Duke University in 1959, she says most of the women were studying in order to “have something to fall back on.”

Sprinkles had different ideas. She finished her bachelor’s degree in political science at San Jose State University in 1965, and enrolled in graduate school. But the political turmoil of the ’60s and her desire to have a tool to help change society led her to law school.

Sprinkles says she belonged to the first generation of women who had never heard anyone say, “You can’t do that because you’re a woman.” Though they did not have college degrees themselves, her parents had also given her the sense that she could do anything she chose to do.

Sprinkles enrolled at Santa Clara University School of Law in 1970, when her two children were in elementary school. Her class included veterans returning from Vietnam, and, for those times, numerous women.

When Sprinkles graduated in 1973, female lawyers faced a tough job market. She was lucky—she got the first job she interviewed for when the partner told her he would treat her how he would want his daughter treated. But she began hearing from other female lawyers about the disparate treatment they suffered in their firms.

Sprinkles became a tireless advocate for women in the legal profession and a leader in terms of challenging the status quo and modeling the way for other women to succeed in the profession. In the late 1970s, Sprinkles was one of a group that co-founded Santa Clara Women Lawyers, which advocated for 26 santa clara law fall 2008

equal treatment of women in the law. She served on the board of California Women Lawyers and chaired the California State Bar committee on Women in the Law. In 1986, Sprinkles joined Jackson, Tufts, Cole & Black in San Jose and became a partner. In 1994, she co-founded McPharlin, Sprinkles & Thomas, a San Jose firm where she practices real estate law. At her firm, six of the eight partners are women. Her legal assistant is a law student at SCU. Sprinkles has served on the California State Bar Board of Governors, on the board of the Children’s Fund of Silicon Valley, the board of governors of Women Lawyers of California, on the SCU Board of Visitors, and as past president of the Law School’s Board of Visitors. Sprinkles is currently involved in the San Jose Rotary Club and tutors English to immigrant adults through the Saratoga Public Library.

In 1976, Sprinkles married her law school classmate, Hon. Leonard Sprinkles ’73. The couple has four grown children between them, and three grandchildren. They enjoy birding, which often takes them to exotic locations, including Botswana, Namibia, Ecuador, and Costa Rica.

THE EDWIN J. OWENS LAWYER OF THE YEAR AWARD Named for the Honorable Edwin J. Owens, dean of Santa Clara University School of Law for 20 years and later judge of the Superior Court, the Owens Lawyer of the Year Award was first presented in 1966. The first honoree was Judge Owens himself. The winner must be a member of the bench or bar, and must be either an alumnus of the School of Law

2008 Spring Awards Banquet Sponsors Clayton & McEvoy Ferrari, Ottoboni, Caputo & Wunderling Gallagher, Reedy & Jones Jackson & Efting / Law Office of John H. Conway Law Office of Nancy M. Battel Manchester, Williams & Seibert McManis, Faulkner & Morgan McPharlin, Sprinkles & Thomas Santa Clara Law Alumni Association

or a member or former member of the full-time faculty or administration of the School of Law. The honoree should be a lawyer who has distinguished him/herself in the profession.

He or she is a person of high moral character and recognized intellectual ability who is devoted to the highest ideals of professional responsibility, and who has made significant contributions to the University, the community and the law.

PAUL J. GODA, S.J. Paul Goda, S.J., has dedicated nearly 40 years of his life to Santa Clara University and to its law school. He has proven himself a leader in the campus community through his long record of teaching students to the highest educational standards and encouraging them to use their legal education to benefit society. He has touched the lives of generations of families.

Goda’s parents came to the U.S. from Hungary; subsequently, 30 members of his mother’s family died in the Holocaust; most of his father’s family died in the two World Wars.

Goda attended Beverley Hills Catholic School and Loyola High School before enrolling in Loyola University of Los Angeles. He worked three jobs to pay for college. Upon his graduation in 1952 with a degree in history (magna cum laude), he joined the Air Force as an intelligence officer at the height of the Cold War and in the middle of the Korean War. Goda began law school at Georgetown in 1954, when he was struggling with whether to marry or become a priest.

He entered the Society of Jesus and studied for the priesthood

from 1955 to 1968, a difficult time in the U.S. when young people were questioning authority and rethinking vows that Goda’s generation believed to be sacred.

Goda spent two years in what he calls Jesuit “boot camp,” then studied classics and philosophy. He earned his second bachelor’s degree from Gonzaga in 1959, his law degree from Georgetown Law Center in 1963, his Master of Sacred Theology from Alma College in Los Gatos in 1967, and an LL.M. from New York University in 1969.

Since 1969, Goda has taught contracts, community property, wills and trusts, and jurisprudence at Santa Clara Law. Goda served on the SCU Board of Trustees for 12 years and twice as president of the University’s Faculty Senate.

Outside of SCU, he served for many years as chair of the California Province of the Society of Jesus Committee on Investment Responsibility. He served for nine years on the board of trustees of USF; on the board of Economic and Social Opportunities, Santa Clara County’s anti-poverty agency; the biomedical ethics committee of San Jose Hospital; and on the advisory board for Santa Clara’s Young Parents Center.

Goda is semi-retired, teaching one semester a year. He pursues his love of history and his interest in learning about his family’s background. He spent part of the summer visiting his mother’s village in Hungary.

For more extensive profiles of these and other Santa Clara Law leaders, please visit law.scu.edu/lawyerswholead.

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class action

alumni 74 Mark Hyde and his family moved to Maui in 2004. In the past two years he served several nonprofit organizations and helped the Hawaii Health Service Corporation reorganize. His two sons attend the prep school Seabury Hall. Charles Naylor, a maritime personal injury lawyer, received a 2008 CLAY Award—California Attorney of the Year award from California Lawyer magazine. He received one of the year’s largest personal injury verdicts against DaimlerChrysler in a wrongful death case. The jury found that a “park-to-reverse” defect in the truck’s automatic transmission, said to affect more than a million DaimlerChrysler vehicles, was a substantial factor in the death. Naomi Young is a partner at Ballard Spahr Andrews & Ingersoll in Los Angeles. She previously was with Kauff McClain & McGuire. She has more than 30 years’ experience in labor and employment law. She has defended employers in class action litigation and tried more than 20 employment cases.

Previously, she served on the California Fair Employment and Housing Commission.

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75 Marjorie Cohn, who is president of the National Lawyers Guild, testified before a congressional subcommittee in May on Marjorie Cohn ’75 the interrogation policies of lawyers for the Bush administration. She is a professor at Thomas Jefferson School of Law and was given the Bernard E. Witkin, Esq., award for excellence in teaching of the law by the San Diego Law Library Justice Foundation.

76 Patric Kelly and his wife, Connie, announce the birth of their first grandchild, Maille Shea Garringer, on April 21, 2008. “She will be playing first base soon,” he writes.

77 Robert Fried is a partner in the Pleasanton office of Atkinson, Andelson, Loya, Ruud & Romo, and has been appointed to Gov. Arnold Schwarzenegger’s Committee on Employment of People with Disabilities. He presented oral arguments before the U.S. Supreme Court on March 19 in Chamber of Commerce v. Brown, a legal challenge to California Statute AB 1889. The Supreme Court overturned the law in a 7-2 decision in June. Dennis McLaughlin is the

supervising judge for the Fremont Hall of Justice, Superior Court of Alameda County, for 2008. He has served on the bench since 1996. Burton Nadler teaches history and an elective in law at Weymouth High School in Mass. Previously, he was a partner in the Boston law firm of Petrucelly & Nadler.

78 David Lively and his wife, Patricia Daniel Lively ’77 are the parents of Virginia, a first-year law student at Santa Clara.

79 Leslie Burton was awarded a German Academic Exchange Fellowship to teach American law classes at the Friedrich-Alexander University in Nuremberg, Germany. She has also taught in Prague and Istanbul. She is a professor of legal writing at Golden Gate University Law School in San Francisco. Margaret Leonard writes “just married to Clare Sheils. Thanks to the California Supreme Court ruling, finally made a 23-year relationship legal.”

80 L. Michael Clark has been appointed a judge of the Santa Clara County Superior Court by Gov. Arnold Schwarzenegger. Since 1987, he worked for the Santa Clara County Counsel’s Office, where he served as the senior lead deputy county counsel.

class action P R O F I L E

Local Judge Receives International Recognition for Public Service United Nations Honors Judge Eugene Hyman ’77 and Santa Clara County.

O

CO U R T E S Y O F E U G E N E H Y M A N

n June 23, 2008, Eugene Hyman ’77 and the Superior Court for the County of Santa Clara were honored with The United Nations Public Service Award.

Established in 2003, the award is the most prestigious international recognition of excellence in public service. It rewards the creative achievements and contributions of public service institutions that lead to a more effective and responsive public administration in countries worldwide. Through an annual worldwide competition, the U.N. Public Service Awards promotes the role, professionalism, and visibility of public service.

“Santa Clara University School of Law is very proud of our alumnus, Judge Gene Hyman, for the wonderful Hon. Eugene M. Hyman, accepting the U.N. Award on behalf of the Santa Clara Superior contributions he and his colleagues Court on June 23, 2008. Presenting the award is Mr. Sha Zukang, Under-Secretaryon the court have made and for the General for Economic and Social Affairs United Nations. recognition given by the United Nations,” says Donald J. Polden, Administration, Department of Economic and Social Affairs, Dean, Santa Clara Law. “Judge Hyman, over the span of his United Nations, wrote “Your outstanding achievement has career, epitomizes the Santa Clara Law graduate—a lawyer of demonstrated excellence in serving the public interest and I am competence, conscience, and compassion.” sure it has made a significant contribution to the improvement Appointed to the Santa Clara County Municipal Court of public administration in your country. It should be an in 1990, Hyman was appointed to the superior court for inspiration and encouragement for others working for the Santa Clara County in 1997. In 1999, he created the Juvenile public service.”

Delinquency Court for the Domestic Violence and Family At the award workshop, which was held in New York Violence programs in Santa Clara County, the first of its kind City, Hyman and the other recipients made presentations and in the United States. He has served in the community as a exchanged ideas on public service best practices. member of the Domestic Violence Council, and chaired the To read the presentation documents online or learn more Council for the Court Systems Committee. He has received about the award, visit www.unpan.org/dpepa_psaward.asp. many awards during his career, including the 2004 Alumni Special Achievement Award from Santa Clara Law. He has been an adjunct professor at Santa Clara University for more

BY ELIZ ABETH KELLEY GILLOGLY than 15 years.

In the award letter to Judge Hyman, Guido Bertucci, director of the Division for Public Economics and Public

fall 2008 santa clara law 29

class action He worked as an associate with the James E. Jackson law firm from 1982 to 1986. Page Vernon received a majority of votes in the May election for district Page Vernon ’80 judge of Orange and Chatham counties in North Carolina. She will be in a runoff in November. Vernon’s professional experience includes serving as a guardian ad litem for abused and neglected children, as a visiting assistant professor in 2005 at Duke University Law School Children’s Educational Law Clinic, and as a visiting assistant professor at the UNC School of Law Criminal Law Clinic. She has also been in private practice in Pittsboro. Timothy Volkmann has been appointed a judge of the Santa Cruz County Superior Court by Gov. Arnold Schwarzenegger. Since 1997, he was a partner in the law firm Burton, Volkmann and Schmal. He also worked for Gassett, Perry and Frank, where he was an associate attorney and then partner from 1981 to 1997.

81 Stephen Opperwall has been named a Super Lawyer of Northern California by Law and Politics magazine. He is a certified specialist in creditors’ rights, designated by the American Board of Certification. His

home and office are in Pleasanton.

Kenneth A. Wong is a senior associate attorney at the law offices of Robert Wheatley in Kenneth Wong ’81 Tustin, and lives with his wife and four children in Newport Beach.

87 James Chapman MBA ’87 is managing partner of the Silicon Valley office of Nixon Peabody in Palo Alto.

He founded the firm’s Silicon Valley office in February 2007 when he joined the firm with other attorneys from the Silicon Valley Law Group. His practice focuses on securities law, venture capital, mergers and acquisitions, and international business transactions. He is also co-leader of Nixon Peabody’s China group. Michele Leclerc and her husband, Mike Waller, participated in the 2007 Santa Clara Law study abroad program in Bratislava and Budapest.

“What a great time!,” she writes.

with her husband, Dr. Miles Greiner, and three children.

90 Barry Parker is a partner at Carr McClellan Ingersoll Thompson & Horn in Burlingame. He is director of the firm’s intellectual property group.

Colette Rausch is deputy director of the Rule of Law Program at the United States Institute of Peace in Washington, D.C. She was editor of the book Combating Serious Crimes in Post-Conflict Societies: A Handbook for Policymakers and Practitioners in 2006, and co-editor of Model Codes for Post-Conflict Criminal Justice: Model Criminal Code in 2007.

a settlement judge for the Nevada Supreme Court. She is also a hearing officer for the Nevada State Board of Medical Examiners and an arbitrator with the Second Judicial District Court Arbitration Program. She lives in Reno

ant a quick and easy way to stay up-to-date on news and activities from Santa Clara Law? We encourage you to subscribe to the Law Alumni Association’s e-newsletter. Sent by e-mail around the 15th of each month, the newsletter contains the latest information on alumni events and programs.

To receive the newsletter, please contact the Law Alumni Center by e-mail at lawalumni@scu.edu. Enter the word “SUBSCRIBE” in the subject line, and in the body of the message list your name, the year you graduated from the law school, and your preferred e-mail address.

30 santa clara law fall 2008

Colette Rausch ’90

89 Jill (Goldwasser) Greiner is

Subscribe to the Law Alumni e-Newsletter

W

Barry Parker ’90

Barbra Fontana ’91

91 James Chadwick is a partner in the new Palo Alto office of Sheppard Mullin Richter & Hampton. He previously was in the firm’s San Francisco office. His practice focuses on media law and media defense litigation.

Barbra Fontana continues to play professional beach volleyball, while raising her two sons, Lucas and Giovanni.

class action P R O F I L E

Planning Futures William F. Locke-Paddon ’67 focuses on wills and trusts.

CO U R T E S Y O F W I L L I A M LO C K E - PA D D O N

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o let William F. Locke-Paddon ’67 tell it, he became a lawyer by chance. Forty years of helping his clients plan for the future, however, have affirmed the happenstance career as his calling. In that time, Locke-Paddon established a thriving wills and trusts specialty, earned the accolades of his peers, and improved his community in the process.

A college buddy at Stanford University first suggested that Locke-Paddon attend law school. As an English major with a wife and new baby and no post-graduation plans, LockePaddon didn’t need much convincing. “It was a pretty casual decision,” Locke-Paddon says of his choice to pursue law.

He applied to two schools: U.C. Hastings School of Law and Santa Clara Law. Locke-Paddon chose Santa Clara Law for practical and personal reasons: “I liked the campus and it was close my parents’ home in Watsonville.”

Unlike most full-time law students, who obsessed primarily over grades, Locke-Paddon’s foremost concern in law school was his growing family. “Two of my kids were born while I was in law school. They always seemed to come around finals time,” he jokes. To cover his family’s expenses, he worked as a manager of his parents’ real estate properties.

“It was difficult,” he says of the hectic period. “Sometimes I didn’t get home until midnight.”

Despite his many responsibilities, Locke-Paddon thrived academically in law school. He was accepted into Phi Alpha Delta law fraternity, joining the ranks of President Woodrow Wilson and Supreme Court Justice Warren Burger, and became notes and comments editor of the Santa Clara Law Review. One of his favorite classes was Professor Jerry Kasner’s trusts and estates course. “Kasner was a great instructor and I liked reading the tax codes,” he says.

After graduation, Locke-Paddon returned to his home town of Watsonville and joined the general practice firm of Wyckoff, Parker, Boyle, and Pope. H.C. Wyckoff, the semiretired, named partner, mentored Locke-Paddon and tutored him for the bar exam. “He was a magnificent writer,” says Locke-Paddon. “He would spend a whole day on a letter.”

Locke-Paddon stayed with Wyckoff ’s firm for 29 years.

Early on he discovered a penchant for transactional work, particularly wills and trusts. “I enjoy teaching people, explaining their options to them,” he says. His aptitude for the work earned him prestigious clients, including June Borina

William Locke-Paddon ’67 and his wife, Terry.

Schnacke, the first female district attorney in Santa Cruz, and wife of Judge Robert Schnacke. She appointed Locke-Paddon executor of her will and in accordance with her wishes, in 2003 he established the over $30-million June Borina Schnacke Foundation to benefit Watsonville charities. He describes such foundations as a “service to donors who wish to use the funds in perpetuity for their community.”

Like his clients, Locke-Paddon invested his resources in philanthropic ventures. In 1982, he helped found The Community Foundation of Santa Cruz County. “Community foundations are a conduit for large foundations to funnel their money down to small communities,” he explains.

Locke-Paddon also served on the board of the Cabrillo College Foundation and was president of the Pajaro Valley United Fund and Santa Cruz County United Way. In recognition of his efforts, he received a Judge Rollie Hall Public Service Award in 2003, and, in May 2008, the Trial Lawyers of Santa Cruz County honored him with a public service award.

When Wyckoff, Parker, Boyle, and Pope closed in 1996, Locke-Paddon moved his wills and trusts practice to Aptos, where he lives. Word-of-mouth advertising affords him a steady clientele. The career that he chose by chance, he says, has afforded him a rewarding and autonomous lifestyle: “I take only the issues I like, I enjoy, and I’m good at.”

ASA PIT TMAN is a student at Santa Clara Law.

fall 2008 santa clara law 31

class action 92 Tom McInerney is a founding shareholder in the San Francisco office of Ogletree Deakins, Nash, Smoak & Stewart. The firm is a labor and employment specialty firm. Previously he was a partner at Thelen Reid in San Francisco.

93 Allan Manzagol is a director in the law department at Applied Materials in Santa Clara, supporting the company’s solar equipment division. Previously he was the director of commercial law at Spansion, a flash memory manufacturer in Sunnyvale.

94 Patrick Black B.S. ’91 is a shareholder in the law firm Fennemore Craig in Phoenix, Ariz. He practices utilities law and government relations, focusing on energy, water, wastewater, and telecommunications regulation. Brenda Buonaiuto heads King & Spalding’s product liability and toxic tort practice in San Francisco. She previously was a partner at Drinker Biddle. She represents pharmaceutical and medical device manufacturers in product liability and personal injury litigation. Philip J. Dion III is vice president of legal and environmental services for UniSource Energy Corporation in Tucson, Ariz.

Previously, he served as chief of staff and chief legal advisor to Commissioner Marc Spitzer of the Federal Energy Regulatory Commission. He also worked for five years as a Deputy Maricopa County Attorney, and at the Arizona Corporation Commission as an administrative law judge and advisor.

John Eyrich has started a law practice in Bainbridge Island, Wash., emphasizing trust, estate and fiduciary abuse litigation in both Calif. and Wash..

95 Jason Brady is senior vice president and general counsel for Solera Holdings in San Diego. He is responsible for the company’s global legal organization, including corporate compliance and governance and mergers and acquisitions. The company provides software and services for the automobile insurance claims processing industry. He previously served as vice president, general counsel and corporate secretary at Xenogen Corporation.

He also has held senior legal positions with Abbott Diabetes Care, TheraSense, Ensera and AllAdvantage.

Kyle Ostergard is a partner at Weston, Benshoof, Rochefort, Rubalcava and MacCuish in Los Angeles. He practices in the areas of construction, suretyship,

Send Us Your News!

S

Send Us Your

anta Clara Law is proud of all its graduates, and we want to celebrate your personal and professional milestones. Send us a class note—it is a great way News!to keep in touch with the law school and your fellow alumni. Please be sure to include your class year, and don’t forget to update your contact information if needed. Email your news to lawalumni@lawmail.scu. edu, fax it to 408-554-5201, or send it to Law Alumni Office, Santa Clara University, 500 El Camino Real, Santa Clara, CA 95053.

32 santa clara law fall 2008

business, and real estate law. He also represents clients in real estate and business disputes. Carol Stratford is general counsel and head of intellectual propCarol Stratford ’95 erty for KaloBios Pharmaceuticals in Palo Alto. Previously she worked for Pfizer as Site Head of the Rinat Laboratories facility.

She has also held senior management positions at Elan Pharmaceuticals and Galileo Pharmaceuticals.

96 Helene Courard completed her first marathon, running the October 2007 Marine Corps Marathon in 5:31:14. She works as the senior manager of new business operations for the Air, Missile and National Defense business unit of Computer Sciences Corp. She lives in Arlington, Va., with her husband, Chris Durso, and two daughters, Isabella Ambrose and Evelyn Marie. Beth Mitchell joined the litigation practice group of Mitchell & Strawn. She previously was a partner at Nixon Peabody. Gretchen Nady Jacobs was recognized as a 2007 Leader of the Year by the Arizona Capitol Times for her work as a lobbyist at the Arizona capitol.

97 Shawn Hartung is vice president and relationship manager in the commercial lending group of Focus Business Bank in San Jose. She has been a commercial banker for many years. Previously she was a vice president and relationship manager with Wells Fargo Bank in Santa Clara. She also has worked for Comerica Bank and Wachovia Bank and was on the political science faculty at San Jose State University. Shawn lives in Santa Clara

class action P R O F I L E

Cooking Up A Career Yvette Garfield ’06 savors her career as a cookbook author. for Youth (FLY), mentoring and educating at-risk youth about the law. The summer after her second year of law school, when most students seek out high-paying summer associate positions at law firms, Garfield helped bring child abusers to justice as an intern in the Department of Justice’s Child Exploitation and Obscenity Section in Washington, D.C. She says she has only one regret about the work, which required her to study the details of horrific crimes committed Yvette Garfield ’06 against those least capable of defending themselves: “I never saw a case from start to finish.”

After taking the bar exam, while her classmates nervously awaited their results, Garfield concentrated her energies on her burgeoning cookbook. The idea of Handstand Kids, five young friends from around the world who teach the recipes of their native lands to other kids, had been simmering for three years. “A handstand is a symbol of youth, plus, it’s a symbol of kids taking a stand for their rights,” she explains of the concept.

With the help of a nutritionist and a professional chef, Garfield designed the first Handstand Kids book, a compilation of healthy, Italian-inspired dishes simple enough for children to make with minimal adult assistance. In May 2008, she published a Mexican food version, the second installment of what she hopes will be a long-lived and widely received series. “Cooking is a tool that unites us. Through the books I want to create a global community for kids.”

Though Garfield does not practice law, she credits the lessons she learned at Santa Clara Law for her success in the cookbook community. “I have contracts with everyone I do business with, and thanks to law school, I can read and understand the documents and negotiate terms. I feel fortunate to have attended Santa Clara Law.” CO U R T E S Y O F Y V E T T E G A R F I E L D

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raveling the world inspired Yvette Garfield ’06 to attend law school, but not to become a lawyer. Instead, the Santa Clara Law graduate parlayed her legal education into a career in cookbook writing. She recently released the second installment of her cookbook series, Handstand Kids Mexican Cookbook.

At 10 years old, Garfield had clear career aspirations: “I wanted to become either a lawyer or a waitress,” she remembers. The seemingly disparate vocations, she explains, both require attentiveness to the basic needs of others.

Garfield’s college travels helped her pin down a profession and ignited a passion. A native of San Fernando, Garfield attended the nearby U.C.—Los Angeles, but her psychology and history studies took her far from home. “I studied history in Rome; I visited China, Southeast Asia, and Brazil,” she says. On a long flight home from India, she came up with an unconventional gift idea for her young cousins––a cookbook to teach them about the customs, languages, and foods of the countries she visited.

In addition to the idea for a children’s cookbook, Garfield’s experiences abroad sparked in her a curiosity about her own country’s international relations. During her final year of college, she accepted an internship with the White House Office of Public Liaison. “I started the day before 9/11,” she says. The tragedy transformed the internship, designed to be an introduction to the workings of the presidential headquarters, into a crash course in public service. “We ended up arranging blood and food drives.” she says. The politicians, aides, and lobbyists who helped in the effort, she recalled, all seemed to share a common characteristic: “Everybody and their mother had a law degree.”

Following her mentors’ examples, Garfield enrolled at Santa Clara Law as a part-time student. “It was outside of Los Angeles, but not too far from home, and it had a good reputation,” she says of her decision to attend. The law school’s international studies program was also a draw.

Garfield spent her first summer in the Geneva/Strasbourg program studying human rights in Switzerland and France.

“It was amazing to share a classroom with students from around the world,” she said.

Garfield’s concern for the preservation of human rights, especially those of children, grew during law school. All three years at Santa Clara Law, she volunteered for Fresh Lifelines

For further information about Yvette Garfield and to order Handstand Kids books, visit www.handstandkids.com.

ASA PIT TMAN is a student at Santa Clara Law.

fall 2008 santa clara law 33

class action with her husband, Jay Mladineo, and their son, Spencer. Denise Notzon is senior corporate counsel at Genentech, where she advises on food and drug law, fraud, and abuse issues, medical privacy and corporate contracts. Romin Thomson was named one of the 40 most influential business individuals under 40 by the Silicon Valley Business Journal. He is a shareholder at the law firm of Sweeney, Mason, Wilson and Bosomworth, where he specializes in corporate and business transactions.

He is also a member of the executive committee of the Business Law

Section of the Santa Clara County Bar Association, and a board member of the Construction Financial Management Association. Jeff True and his wife, Carol, welcomed a daughter, Brooke Elizabeth, in April. She joins brothers Bennett and Carson. Jeff is vice president and general counsel at 2Wire, Inc. in San Jose.

98 Patrick English moved back to the Bay Area from Oregon. He works for the New Tech Law Group in Fremont.

He and his wife announce the arrival of a daughter, Marian Lixia, on May 25.

The 2009 Santa Clara Journal of International Law Symposium Co-sponsored by the Center Global Law and Policy

The Future of International Criminal Justice MARCH 13–14, 2009 S A N TA C L A R A L AW We will gather scholars and practitioners experienced with a variety of international justice systems to discuss the future of international Bassiouni criminal justice. Our keynote speaker is M. Cherif Bassiouni, one of the world’s foremost authorities on international criminal law. Specific panels will address the following topics: complementarity under the Rome Statute; terrorism as an international crime; extra-territorial penal jurisdiction; and collective responsibility for criminal conduct. The symposium will conclude with a roundtable discussion of issues raised during the conference.

We will also publish a Symposium Edition of the Journal comprised of articles by our Symposium panelists.

For more information, visit law.scu.edu/international, or contact Katherine O’Connor, katherine.oconnor06@gmail.com

34 santa clara law fall 2008

99 Neda Mansoorian was named one of the 40 most influential business individuals under 40 by the Silicon Valley Business Journal. She focuses on high tech litigation, professional negligence and products liability in her law practice with McManis Faulkner in San Jose.

Michelle Montez and Ian Fisher ’98 welcomed a daughter, Sydney Rose, on June 25, 2007. She joins brother Sebastian. Michelle is an assistant city attorney for the city of Santa Barbara.

Ian is an estate planning partner with Price Postel and Parma. Janice Vass is senior contract manager for MacDonald, Dettwiler and Associates Ltd., a space technology and information systems company in Richmond, British Columbia. Previously, she was corporate counsel for Home Depot in Atlanta. Nader Yasin B.S. ’95 is a partner with La Fleur & Yasin in San Jose. His practice focuses on real estate, with an emphasis on commercial ownership, property management, leasing, development, land use construction and related dispute resolution and litigation. He lives in San Jose with his wife, Lynn, and two children, Bennett, 6, and Sophie, 4.

00 Claudia Morales B.S. ’92 and her husband, Paul Hetherington, welcomed their first daughter, Moira Susana, on March 2, 2007. Claudia works for the Arizona State Bar, and Paul works on the new Phoenix light rail system. The couple wed at Mission Church in 2004.

Timothy Pupach and his wife, Andrea, announce the birth of a son, Ryan, in November 2007. Tim is in his fifth year of solo practice in real estate and estate planning in San Jose.

01 Terry Ahearn is a partner at McDermott Will & Emery in Palo Alto. He practices in the firm’s intellec-

class action P R O F I L E

A Personal Connection to Immigration Law An immigrant herself, Patricia Ugarte ’04 now helps new immigrants navigate the U.S. legal system. junior college for two years, until the passage of the federal Nicaraguan Adjustment and Central American Relief Act granted the Ugartes official asylum in 1997, allowing her to enroll at the University of California Los Angeles.

At UCLA, Ugarte majored in Latin American Studies. The government corruption and socio-economic prejudice endemic to the countries she analyzed inspired her to pursue a profession that combated injustice. “Nothing seemed as Patricia Ugarte ’04 powerful as the law,” she says.

Ugarte enrolled at Santa Clara Law, located more than 300 miles from South Pasadena, her adopted home town, to realize her career goals and to prove her independence. “As a Latina, I’m expected to stay at home with my immediate family until I get married. I wanted to be challenged on my own and get to know myself,” she says of her law school choice.

Law school proved to be more of a challenge than Ugarte had anticipated. Hispanic and an immigrant, she qualified for Santa Clara Law’s Academic Success Program (ASP), a series of workshops designed to help non-traditional students and minorities underrepresented in the field of law excel in their coursework. Ugarte credits her survival through the confidence-shaking law school years to the encouragement and guidance of Dennis Higa and Rod Fong, directors of ASP, and to her fellow ASP students. “We sort of held onto each other. We really formed a bond,” she said.

When the pressures of law school threatened to overwhelm Ugarte, she retreated to the office of Jeanette Leach, Santa Clara Law’s assistant dean of admissions. The two remain close: “She’s such an integral part of what I’ve become,” says Ugarte.

After graduation and passing the bar exam, Ugarte interned with the non-profit organization Latino Issues Forum before joining the law office of San Jose immigration law attorney Victor Castro. With Castro, Ugarte helps new immigrants, such as she once was, navigate the American judicial system. “It’s fulfilling work,” she says.

CO U R T E S Y O F PAT R I C I A U G A R T E

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o become an American, Patricia Ugarte ’04, depended on herself: escaping a war-torn country, defeating a language barrier, and overcoming culture shock on her own. To become a lawyer, however, she depended on the support of Santa Clara Law faculty and students.

“I don’t have any negative memories of Nicaragua,” says Ugarte, who was born and lived the first ten years of her life in Rivas, approximately 100 kilometers southeast of Managua.

But her childhood years were a nightmarish time to live in the Central American nation for the thousands killed during the civil war of the late ’70s and the Contra/Sandinista conflicts of the early ’80s .“We did safety drills similar to the earthquake drills [in the United States],” she says, “but I never knew the gravity of what was going on.”

Ugarte’s mother, a single parent of three young girls, however, understood the danger that surrounded her family, and so she fled from Nicaragua to California in 1982.

Ugarte’s father and maternal grandfather raised Patricia and her sisters for three years, until her mother saved enough money cleaning houses to send for her daughters.

In the United States, Ugarte was painfully aware of the differences between herself and her American peers. Since she spoke no English, public school administrators enrolled her in an-English-as-a-Second-Language (ESL) program—which improved her language learning but hindered her social development, since the immigrant students attended classes away from their English-speaking classmates several hours per week. “I was trying to assimilate while being separated from everyone else,” she says. The disparate treatment motivated her to distinguish herself in a positive way: “I spent the next 20 years trying to prove that I was an achiever.”

Ugarte removed herself from the ESL program when she started high school. Total integration allowed Ugarte to join the track team, enroll in advanced placement courses, and, most importantly, she says, mingle with college-bound, American-born students.

Despite her academic and social strides, after Ugarte graduated from high school no four-year colleges would admit her—by law, they couldn’t. California Proposition 187 prohibited undocumented immigrants like Ugarte from attending state-funded schools. “We had been here so long, but we weren’t citizens and weren’t exactly exiles,” Ugarte says of her family’s citizenship status at the time. She attended

ASA PIT TMAN is a student at Santa Clara Law.

fall 2008 santa clara law 35

class action tual property, media and technology group. Michon Herrin married Antonio Spinelli on June 2, 2007, in San Francisco.

Reed Minkin lived and practiced law in Michigan for 15 months following Hurricane Katrina. He then returned to New Orleans and joined the law firm of Lugenbuhl, Wheaton, Peck, Rankin & Hubbard. Reed and his wife, Sandy, have two children, Olivia and Gabriel.

Bay Commercial Real Estate Women, one of 66 network chapters. She is also an appointed member of CREW Network’s national Industry Research Committee, and on the editorial board of the California Land Use Law and Policy Reporter. Robert Kinney is an associate with the law firm of Wilson, Elser, Moskowitz, Edelman & Dicker in New York City.

02 Kristina Daniel Lawson is a land

03 Ryan Corrigan is a shareholder at

use and environmental attorney with Miller Starr Regalia in Walnut Creek.

She is the 2008-09 president-elect of East

Dowling Aaron & Keeler in Fresno. His practice focuses on intellectual property, internet law, and business transactions.

S A N TA C L A R A L AW Ms. Nancy M. Battel ’85 President Law Offices of Nancy M. Battel, JD, MBA San Jose, CA nancy@battelaw.com Ms. Vinita Bali ’96 Santa Clara Law Santa Clara, CA vbali@scu.edu Mr. Kevin C. Bedolla ’76 Miller Morton Caillat & Nevis, LLP San Jose, CA kcb@millermorton.com Ms. Susan Bishop ’96 Pratt & Associates Campbell, CA skabanek@yahoo.com Mr. Craig Bristol ’96 Xtera Communications, Inc. Allen, TX cbristol@xtera.com Ms. Jennifer Britz ’01 Fresno County Public Defender’s Office Fresno, CA jenbr@comcast.net

36 santa clara law fall 2008

Nicholas Hua is an associate for Perkins Coie in Santa Monica. He works in the commercial litigation group, where he focuses on anti-piracy litigation and labor and employment law. Previously he worked for Jackson Lewis in San Francisco, where he defended employers in wage and hour class actions, employment discrimination, and harassment.

His partner is an aspiring screenwriter.

Amy Cebular Payne and her husband, Joseph, announce the birth of their first child, Juliet Louise, on February 21.

2008–09 Law Alumni Association Board

Mr. Terrence J. Carroll ’94 IBM Silicon Valley Labs carroll@tjc.com

Mr. Andre Gibbs ’00 IBM Corporation Durham, NC andgibbs@us.ibm.com

Ms. Bridget Robb Peck ’87 Lewis & Roca, LLP Reno, NV bpeck@lrlaw.com

Mr. William B. Clayton, Jr. ’74 Clayton & McEvoy San Jose, CA WBC@clayton-mcevoy.com

Mr. Frederick M. Gonzalez ’77 SonicWall, Inc. fmgesq@aol.com

Mr. John Sarsfield ’88 Office of the Inspector General Bakersfield, CA john_sarsfield@yahoo.com

Mr. John H. Conway ’93 Law Offices of John H. Conway Sunnyvale, CA john@johnconwaylaw.com

Ms. Robin Gonzalez ’93 Kastner Banchero LLP Palo Alto, CA lindyrobingonzalez@yahoo.com

Ms. Jennifer M. Cullen ’06 Heller Ehrman LLP Menlo Park, CA junipercullen@yahoo.com

Ms. Elizabeth Gong Landess ’88 Gavin & Cunningham San Jose, CA landess@gclitigation.com

Mr. Gregory M. Czarkowski ’99 Law Offices of Gregory Czarkowski Santa Clara, CA gczarklaw@gmail.com

Mr. Timothy F. Haslach ’88 Schwabe, Williamson & Wyatt, P.C. Portland, OR thaslach@schwabe.com

The Hon. Raymond J. Davilla, Jr. ’72 Superior Court San Jose, CA rdavilla@scscourt.org Mr. V. Randall (Randy) Gard ’90 Gard & Kaslow, LLP Los Altos, CA rgard@gardkaslow.com

Ms. Rebecca Sue Jones ’87 Gallagher, Reedy & Jones Los Gatos, CA rjones@scu.edu Mr. Allonn Levy ’96 Hopkins & Carley San Jose, CA alevy@hopkinscarley.com

Mr. Kurt J. Seibert ’84 Manchester Williams & Seibert San Jose, CA kseibert@gatespeed.com Ms. Andrea Shaheen ’01 Mello & Pickering, LLP San Jose, CA ayshaheen@yahoo.com Mr. Jim Stoelker ’74 Mount & Stoelker San Jose, CA jstoelker@mount.com The Hon. Mark E. Thomas, Jr. ’56 JAMS San Jose, CA mthom66@aol.com Ms. Rachel Rosati Warner ’00 DLA Piper Rudnick Gray Cary US LLP East Palo Alto, CA rachelrwarner@gmail.com

class action 04 Trevor Caudle has opened his own

51 J. Hector Moreno, Aug. 6. After

75 Charles Logan, Sept. 12. He prac-

law practice in San Francisco, with a focus on civil litigation, entity formation and governance, intellectual property, and real estate. Joe Schoenholtz is chief patent counsel for ChipMOS Technologies (Bermuda) Ltd., and is responsible for management of all IP and outside counsel. The company provides test and assembly services for semiconductor manufacturers.

serving in the army, he set up his law office in San Jose, and was one of the first Mexican-American attorneys in Santa Clara County. He was married to his wife, Edith, for 42 years. He was a member of the GI Forum and a founder of the Mexican American Political Association. He is survived by five siblings, 10 children, 20 grandchildren and three great-grandchildren.

ticed bankruptcy and business law in San Jose, and served as president of Santa Clara University’s Board of Governors in 1979. Survivors include his wife Cecelia (Cleo), his parents, six siblings, a son, and a grandson.

05 Autumn (Blatchford) Casadonte

52 Richard Howard Shields, June 3.

B.A ’96 and her husband, Alex, welcomed their first daughter, Ava Rose, on April 5, 2007. Autumn is an attorney with Miller Morton Caillat & Nevis in San Jose. Suzanne Nishikawa Bonotto works for Carr McClellan Ingersoll Thompson & Horn in their intellectual property practice group. Monica Burneikis married David Luca on July 18 at the Edgewood Golf Course in South Lake Tahoe, Nev.. Art Gemmell LL.M., a professor in SCU’s Center for Global Law and Policy, is the author of Chinese and Western Arbitration: The Arbitral Chain. The book was published by the University Press of America.

Before law school he served in the Air Force as a B-24 bomber pilot in the Philippines during World War II. He practiced law in San Jose until his retirement in 1995. He loved the outdoors, and was an avid 49ers fan. He was a member of the San Jose Museum of Art, the Montalvo Association and Opera San Jose. He is survived by his wife, Carol, a daughter and a son.

in memoriam 48 John “Jack” Chargin, Sept. 18.

He served in the army during World War II, and practiced law in San Jose for more than 45 years. A former mayor of Campbell, he was active in many local community organizations. He was married to his wife, Elizabeth, for 54 years. He is survived by six children, 11 grandchildren, and one great-grandson.

49 William G. Clark, Sept. 15, 2007. He enjoyed his family, politics, and playing golf. He is survived by eight children, including son John C. Clark ’89.

63 Joseph Carl Olsen, Dec. 25, 2007.

A native of New York City, he was a longtime engineer and lawyer in Santa Clara County. A veteran of World War II and a graduate of the University of Washington, he was a member of the American Society of Mechanical Engineers and the California State Bar Association. He is survived by his wife, Dina, and one son.

73 Bernard C. DePaoli B.A. ’70, March 30, 2007. A native of Kimberly, Nev., he served as a first lieutenant in the U.S. Army Reserve, as deputy district attorney in Eureka, and as district attorney of Humboldt County. He later entered private practice, and also taught at the College of the Redwoods. He is survived by his wife, Christine, son Joseph B.A. ’01, brother Steve MBA ’77, and sister Terri Markette B.S.C. ’84.

78 Michael Allan Whelan, March 5, 2007. He practiced law in San Jose, and enjoyed riding his Harley, painting and dancing. He is survived by his wife, Lissa, and two daughters.

88 David Carver Ames, July 16. After practicing litigation for several firms, he co-founded Alliance Counsel in San Francisco. He loved the outdoors and was known for his artistic endeavors, especially painting. In 2004 in Argentina, he founded Heaven’s Helpers, an organization that trained young Brazilians for jobs that aided thousands of sick and disabled. He is survived by his wife, Oselinda, two children, his parents, and many family members.

94 Bill Henthorne, Sept. 7, 2007. The San Jose native was a litigation specialist for the California State Automobile Association. He is survived by his wife, Audrey, and three children.

00 Wanda Ochoa, Dec. 25, 2007. A native of El Paso, she found an early passion for music and was awarded a position as a bassoonist with the El Paso Symphony while still in high school. She attended Columbia University and the University of Texas, El Paso. She earned a doctorate in music from the University of Texas at Austin. She was a professional journalist, writing news stories, music criticism and editorials. She is survived by her husband, Stephen Denny.

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development How can we best serve you?

New students are grateful for your support

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I

fter many years of service on the Law Alumni Association Board, I am excited to now begin my term as president. This year, our Board will continue to focus on providing quality programs and services that appeal to and benefit you, our alumni.

The alumni survey has given our leadership important information that will help us expand and improve our services to you, and our Strategic Planning Committee is studying the results so we can do our best to address your needs. Plans are already underway in several key areas. For instance, we will place greater emphasis on professional development by increasing the engagement and networking opportunities between current students and alumni. And we are exploring ways to further enhance our annual Spring Awards event to publicly recognize the professional accomplishments of our alumni and attorneys with strong ties to Santa Clara Law. I look forward to hearing from you, meeting with you at our various planned activities throughout the year, and joining with you in strengthening the Law Alumni Association.

NANCY M. BATTEL ’85 J.D., ’86 MBA

Board President Law Alumni Association

38 santa clara law fall 2008

n August, orientation week was a wonderful opportunity to meet many of the incoming students and hear how happy they are to be attending Santa Clara. Many mentioned how grateful they are for the guidance and financial assistance received, as they begin this important phase of their education.

In our busy lives, it is easy to lose sight of our responsibility to future generations.

I want you to know how much our current students truly appreciate you, our alumni and friends, and how you support Santa Clara Law through your gifts of time, talent, and resources.

As we begin this new year, let’s all recommit to mentoring future lawyers who lead in every way we can. Please take a moment to visit our Web site at law.scu.edu/alumni/ and see how you can make a difference this year.

LAWRENCE DONATONI Assistant Dean for Law Alumni and Development

We are listening: Law Alumni Survey Results

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he first comprehensive alumni survey was conducted this past spring

by Santa Clara Law, through the Law Alumni and Development Office. “Our goal was to establish how well Santa Clara Law serves its alumni and to determine methods to increase alumni involvement in future programs and services,” says Larry Donatoni, Assistant Dean, Law Alumni and Development.

“We are extremely grateful to the alumni who participated in the survey.”

To provide for the most diverse sample, approximately half of Santa Clara Law’s 10,000 alumni were invited to participate. An online survey, conducted by a higher education survey company, resulted in a response from more than 23 percent of those surveyed.

“It was so informative for us to review the results,” says Stacey Rishel, Director, Alumni Relations & Annual Giving. Overall, alumni expressed a desire to feel connected with the law school, to network with their classmates and fellow alumni, to have the law school’s help in developing more career skills, and to keep up-to-date with the scholarship of Santa Clara Law and the contributions its graduates are making to the legal profession and to society.

The survey showed that most alumni have a good to excellent opinion of the Law School and the quality of the education they received. The survey also showed that alumni help promote the law school to friends, family, and potential students. Many alumni regularly keep in touch with Santa Clara Law, and its faculty, staff, and their

classmates via email, by reading Santa Clara Law magazine, by visiting campus, and by attending alumni events.

The survey included many questions asking for feedback—such as naming influential law school professors, staff, and programs, and questions about what is important about being a graduate of Santa Clara Law. One question asked “What can the alumni association do for you?”As one graduate said, “Keep in touch and keep the emails coming. I may not respond today, but I do not want to be forgotten.” Another responded, “Encourage participation of alumni and tap into the vast areas of practice that alumni are working in.” Continued and increased communication was clearly a strong theme from the respondents.

Another strong theme was that once alumni become more secure in their careers, they want to increase their

involvement with Santa Clara Law, our Law Alumni Association, and particularly with prospective and current students.

The Law Alumni Office, key school administration members, and the alumni association leadership are carefully reviewing and analyzing the 60-page report, graphs, and individual comments. “In the coming months, we will continue to share the results and ways we can strengthen existing services to alumni, add new programs that respond to the identified gaps, and determine appropriate opportunities to further engage current and future alumni,” says Donatoni.

If you didn’t get a chance to participate in the survey and would like to share your comments, we invite you to do so via our Web site: law.scu.edu/ alumni/contact-us.cfm

A LU MNI S U RV EY R E S U LTS The survey underscored five key areas of importance to alumni: 









HIGHLIGHT for alumni the ways in which a Santa Clara Law diploma is increasing in equity.

OFFER opportunities for alumni to provide feedback and engage in activities.

EXPAND job and career related activities.

COMMUNICATE differently with alumni ages 30 and younger, utilizing more electronic means of communication.

ENGAGE alumni who are out of state.

fall 2008 santa clara law 39

H O N O R RO LL OF DONORS

Donors Ensure a Bright Future for Santa Clara Law

A

s we continue our mission of educating lawyers who lead with competence, conscience, and compassion, Santa Clara Law depends on the support of its community of alumni, faculty, staff, and friends. We greatly appreciate your generosity. Thank you.

Howard, Rice, Nemerovski, Canady, Falk & Rabkin Kenneth and Elaine Langone Legacy Venture Management Listwin Family Foundation Morrison & Foerster Orrick, Herrington & Sutcliffe Paul, Weiss, Rifkind, Wharton & Garrison Frank and Denise Quattrone Foundation Sid Sheinberg Simpson Thacher & Bartlett Terrance and Annette Stinnett Tilghman & Company

John and Cynthia Gunn Mary and Michael Hood HRJ Capital iQor Jewish Community Endowment Fund Keare/Hodge Family Foundation Keker & Van Nest Richard and Kathryn Kimball Ronnie Lott Roger McNamee Morgan, Lewis & Bockius Michael Nachman Hon. Edward and Lorna Panelli Mark Patterson Nikki Pope Myra Reinhard Family Foundation Ring-Miscikowski Trust John and Jodelle Russi Shearman & Sterling Skadden, Arps, Slate, Meagher & Flom Morris S. Smith Foundation Thelen Reid Brown Raysman & Steiner Weil, Gotshal & Manges Steve and Barbara Young Steve Young Family Foundation

PARTNERS ($10,000 – 24,999)

COUNSELORS ($5,000 – 9,999)

John and Mary Albanese Harris Barton Citi Global Impact Funding Trust Deloitte Foundation Donna Dubinsky David and Jan Edwards Fidelity Charitable Gift Fund Sterling Franklin Diane and Mendel Greene Stella Gross Charitable Trust David and Molly Long Grunbaum

Mary and Skip Alexander Arguedas, Cassman & Headley Asset Management Company Alan and Marianne Austin Eric and Illeana Benhamou Theodore Biagini Thomas and Polly Bredt California Consumer Protection Foundation Cooley Godward Kronish Francis and Christine Currie Davis Polk & Wardwell Day Casebeer Madrid & Batchelder

We do our best to create an accurate list. Names listed here are for the fiscal year July 1, 2007, through June 30, 2008.

If your name is misspelled or missing, please contact Marjorie Short at 408-554-5496 or mjshort@scu.edu.

JUDGES ($100,000+) Lerach Coughlin Stoia Gella Rudman & Robbins William & Inez Mabie Family Foundation Ronald and Sara Malone Law School Admission Services MAGISTRATES ($50,000 - 99,999) George and Danielle Boutros W. David and Kathryn Carey Cotchett, Pitre & McCarthy Colon Gerbode Donald Listwin Frank and Denise Quattrone Silicon Valley Campaign for Legal Services Wilson Sonsini Goodrich & Rosati BARRISTERS ($25,000 – 49,999) William Brady Campbell Family Foundation William and Roberta Campbell Foundation of the State Bar of California Fremont Bank Foundation

40 santa clara law fall 2008

Dewey & LeBoeuf DLA Piper US Adrian and Anne Dollard Judith Estrin Gordon Eubanks Farella, Braun & Martel Peter Friess Girardi & Keese William and Susan Glennon Paul Goda, S.J. Frederick and Leota Gonzalez Michael and Joan Hackworth Sharanjit Kali-Rai John Keker Mitchell and Julie Kertzman Julie Johns Ledford Andrew Ludwick Mayer, Brown, Rowe & Maw Luke and Lynn McCarthy Stan and Sherry McKee Robert Mezzetti Sr. Gerald Moore Gerald E. Moore & Associates Frank and Susan Myers Natter Family Foundation Edward Nigro—Nigro Inc. O’Melveny & Myers Donald and Susan Polden David and Julia Popowitz Jay Regan Robert Half International Thurman Rodgers Allen and Cynthia Ruby Alan Russell Ted and Linda Schlein Hon. Kenneth and Alice Starr Tech Museum of Innovation Ethan Topper Townsend and Townsend and Crew Jonathan Turner Susan and Kenneth Valeriote Wendell Van Auken Wilson Sonsini Goodrich & Rosati Foundation Zhone Technologies Inc. Anthony and Teresa Zingale

HONOR ROLL OF DO N O R S

ADVOCATES ($2,500 – 4,999)

AT&T Foundation William Baber Georgia Bacil John Baker Nancy Battel Barbara Beck Sara Beles Richard and Madé Berg Robert Beyers Rebecca and Jeff Bleich Dianne and Mark Bonino Subroto Bose Bradley and Monique Bosomworth Sally and John Bourgoin Aldo and Diane Branch Henry and Regina Bunsow Lanita Burkhead Bustamante, O’Hara & Gagliasso Cole and Bobbie Cannon Capital Group Companies Paul and Lisa Caputo Richard and Janet Caputo Mary Carlos Julian and Eileen Carr Caufield Family Foundation Frank Caufield Thomas Cave Hon. Darryl and Thalia Choy Michael Clair Clayton & McEvoy

Bay 101 Michael and Jeanette Bidart Bingham McCutchen Blakely, Sokoloff, Taylor & Zafman Burton for Superintendent of Public Instruction Angelo Calfo Davidson Family Foundation Mary Emery The Eucalyptus Foundation Frances Geballe Richard and Janet Hart Heritage Education JAMS Carol Kaufman Robert and Allyson Kavner Daniel and Carole Kelly William and Mary Kelly Latham & Watkins Miller Morton Caillat & Nevis Morrison & Foerster Foundation Sally and James Norton The Page & Otto Marx Jr. Foundation Pahl & McCay Stephen and Louise Pahl Daksha Parekh Howard and Sally Peters Ken and Frances Schroeder Kurt and Beth Seibert Shernoff Bidart & Darras Patricia Shields SNG Enterprises Larry and Jane Solomon Chryssoula Soulioti Catherine Torres-Yoshii and Brian Yoshii Page and James Vernon Charlotte & Arthur Zitrin Foundation

Comcast Cable Communications Comerica Foundation Frank and Laurel Conte Covington & Burling Gary and Catherine Cripe Crystal Springs Foundation Dorian Daley Kristina and Matthew Daniel Lawson Hon. Raymond and Jane Davilla John and Claire Davis R. Joseph and Mary Anne De Briyn Hon. Anthony De Cristoforo Donna and Khoa Nguyen Do William Docker Pamela Dougherty James and Virginia Dozier The Draper Foundation Timothy and Melissa Draper Hon. James and Shelley Emerson Elizabeth Enayati Powers ePly Services David Fairbanks Kurtis Fechtmeyer Concepcion Federman Irwin Federman Ferrari, Ottoboni, Caputo & Wunderling

Jeffrey Ferriell Finnegan, Henderson, Farbow, Garrett & Dunner Robert and Susan Finocchio Mary Ellen and Michael E. Fox Family Foundation Michael and Mary Ellen Fox Joseph and Marilyn Franzia Robert Gagliasso Gregory Gallo Arthur and Barbara Gemmell Dianne and Charles Giancarlo Dorothy and Jon Glancy Hon. Robert Glusman Larry Gomez Melvin Grais William Haggerty Russ Hall Hon. Thomas and Kristeen Hansen Hanson Family Law Group Paul Hastings Hayes Davis Bonino Ellingson McLay & Scott McLay Debra and David Hinshaw David A. Hoines Hopkins & Carley Valerie and John Hopkins Josephine and Scott Hucko Intel Foundation Laura Jacques Jamie A. Leanos

A Judicial Quandry

Delicia Abdur-Rahim Ronald and Jeryl Abelmann Jeffrey Acton Joseph J. Albanese Inc. George and Katharine Alexander William and Kristine Amon Margalynne and Andrew Armstrong

GREG PIO

DEAN’S CIRCLE ($1,000 – 2,499)

Alumni judges (from left) Hon. Phil Pennypacker ‘72, Hon. Paul Cole ‘74, and Hon. Peter Kirwan ‘86 check out a shot at the 2008 Panelli Golf Classic. The event raised more than $21,000 for the Justice Edward Panelli Scholarship Fund and the Law Alumni Association Fund.

fall 2008 santa clara law 41

H O N O R ROLL OF DONORS

Jewish Community Federation Rebecca Jones Bradley and Srija Joondeph Justice Project Betty Kanemoto Hon. Wayne Kanemoto Kurt Kawafuchi The Kelly Family Trust Michael and Sheryl Kennedy Robert and Angela Kent Robert Kieve Michael Kresser Silvio and Sheara Krvaric Grace Kubota-Ybarra and Jack Ybarra Peter and Vicki Laboskey Balam Letona James and Ann Lazarus Richard and Nancy Leasia Richard and Diana Lee Leslie Family Foundation Mary and Paul Lion Jan Little Patricia and David Lively William and Terry LockePaddon Estela Lopez Edward and Valerie Lozowicki Scott and Linda Macey Mark and Wendy Magner Robert Mann Charles Manzoni Linda and Jerry Mar Eileen and David Matteucci Dennis and Lori McBride Niall and Yvonne McCarthy Gary McGowan Hon. John and Audrey McInerny Robert McIntosh Patrick and Pamela McMahon McManis, Faulkner & Morgan Jason Mendelson Stanley and Sharon Meresman Cynthia Mertens and James Rowan Aurelius Miles Marilyn and Roy Moreno John Morgridge Mount & Stoelker Daniel and Barbara Mount Michael and Joyce Murray Hon. Jerome and Judith Nadler Suzanne and Anthony Narducci Elaine and Armond Neukermans Gary Neustadter and Patricia Rauch-Neustadter 42 santa clara law fall 2008

Frank and Van Nguyen Phillip Nielsen Noke Charitable Foundation Craig and Mary Noke Northern Trust Corporation Shelby Notkin Guisselle and Ronald Nunez Jon Nygaard Margaret O’Laughlin Qudus Olaniran Anthony Oliver John and Nancy Ottoboni Kevin and Karen Padrick Paul, Hastings, Janofsky & Walker Bridget Robb Peck Hon. Philip and Jean Pennypacker Perkins Coie Kristen and Brian Peters Robert and Bonnie Peterson Robert Pinsker Mihir Pirikh Arthur and Karyn Plank Thomas and Janine Poletti Praisner Family Foundation Marlene and John Prendergast T. Rowe Price Program for Charitable Giving William Pursley James Quillinan Andrew and Debra Rachleff Debra Reed Marie and Daniel Riehle Riordan & Horgan Bernadette and Dennis Riordan Richard and Deirdre Roggia Maj. General Thomas J. Romig, USA (ret.)

Ropes & Gray Daniel Rottinghaus David Roux Kathleen Rydar Santa Clara County Bar Association Paul and Vicki Scherf John and Mary Schlosser Timothy and Judy Schmal Joseph Schoenholtz Albert Schreck Schwegman, Lundberg, Woessner & Kluth Stephen and Sally Scott Dhiren Shah Alan Shanken Michael and Phyllis Shea Michael Shea Jr. Gerald Shipsey

Silver & Freedman Ruth Silver-Taube Edward Smith Theodore and Amanda Smith Hon. Thomas and Judith Smith Sonnenschein Nath & Rosenthal William and Florence Spruance Marion and Emmett Stanton Guy Stephenson Allan and Margaret Steyer Don and Linda Sue Strand Carol and David Stratford Rodney Strickland Eugene and Nancy Studer Stephen and Patricia Sueltz Dennis and Margie Sullivan Stephen and Jean Sullivan William Sullivan The Sun Microsystems Foundation Inc. Hon. John Sutro Sweeney, Mason, Wilson & Bosomworth Patricia Terwilliger Barbara and Richard Toomey Michael and Margaret Torpey Gerald and Martha Uelmen Robert and Roxanne Vatuone Robert Wall Philip Weltin Stephen and Aimee West Patricia and Edward White Stephanie Wildman Bonnie Wright Nancy and Eric Wright Amy and Geoffrey Yang Cyril and Jeanne Yansouni Hon. Robert Yonts Naomi Young OWENS CLUB ($500 – 999) Ilene Adler James Almeida Arnof Family Foundation Allen and Michele Asch William Bassett Kevin and Deborah Bedolla Charles and Jennifer Beeler Lawrence Bennett Anthony and Barbara Bennetti Matthew Biren Jacqueline Boberg Richard Boberg Bonora D’Andrea

Christopher Boscia and Kristin Love Boscia Mark Broughton Victoria Burton-Burke The Capital Group Companies Charitable Foundation Lydia and Robert Carlsgaard Brian Carr Dolores and John Carr Emmett Carson Centurion Ministries Stanley Chang Charitable Auto Resources Margarita Chavez Lisa Chen Colleen Chien John Cline John and Nadja Conway Gregory and Susana Czarkowski Sara Dabkowski Judith Darretta Dechert Susan Diekman Barbara DiFranza Sean Doherty Drinker Biddle & Reath Lisa and Walter Duflock James Efting Barbara Fargo Mary Feldman Donald Field Fish & Richardson Andy and Karen Fisher Renee and Thomas Fitzpatrick Derek and Sally Freyberg Jessica and William Frischling Anthony Fulcher William Galliani Geffon & Isger Fredrick and Marne Geibel Linda Gemello and John Marino Kathleen Shannon Glancy Jennifer and Alan Gonzalez Gerald and Allene Graham Donald Greenberg Phillip Griego Emilio Guglielmo Winery Gene Guglielmo Russell and Deborah Hall Joanne and Mark Hames Allen and Linda Hammond Hanson, Bridgett, Marcus, Valahos & Rudy Eric Hanson James Hardin William and Carla Hennessy Robert and Carolyn Heywood

HONOR ROLL OF DO N O R S

Bret and Tamara Hillman Thomas and Carol Hogan Hoge, Fenton, Jones & Appel Michael Hughes Hon. Eugene Hyman Jackson & Efting Ramon Jimenez Jones Day Michael Jones Kevin and Donna Kelly Brandon Kimura Eleanor Kraft Michele Kyrouz Teresa and Paul Lahaderne Aric Ledford Legal Aid Society of Santa Clara County Tom Lehrer Susan Levin Jeffrey and Nancy Levinson Salvador and Laura Liccardo Margaret Lizaur Lockheed Martin Corportion Foundation Joan Lonegan Lonich & Patton Leslie Lopez Frederick and Patricia Lucas Bonnie MacNaughton Shaun Maguire Emily Maloney Michael and Dawn Malter William McLean Linda McPharlin Microsoft Matching Gifts Program Forrest and Cynthia Miller Paul and Corine Miller Michael and Lisabeth Murphy National Lesbian & Gay Law Foundation Trudy Niehans Karen O’Kasey Michael Oliver and Evelyn Crane-Oliver Patricia and Gary O’Neill Niki Okcu John and Stephanie Orr Leslie and Paul Orta Ralph and Gayl Pais Sally Palmer Alexandra Pantazis Elizabeth Parker David Patton Peckar & Abramson Shannon Pedersen Perpetual Pepperoni Inc. George Pifer

Lee Raney Christopher and Louise Rasmussen Reed & Graham Mari Ellen Reynolds Pamela and Michael Rhodes Dennis Riley Eugene and Jan Robert Rockwell Collins International Inc. Gary Rose Rodney Rusca Hon. Deborah and Alan Ryan Sagacious Salami Inc. Robert and Alison Schuchard Charles Schwab Corporation Barbara Schwartz Stephen Schwarz Basil and Jane Shiber Brian Slingerland Jerome and Susan Smith Nicholas and Diane Speno Maureen and Cyrus Tabari Joshua Tanzer Hon. Mark and Marjolie Thomas Mary and Jon Thomas Gregory Turnbull Bob Uemura Rebecca Veltman W. Matthew Wayman Jack and Mary Wheatley Claire and Kenneth Starry Whyburn Wilmer Cutler Pickering Hale and Dorr Thomas Wilson Kellyn Wulff Peter and Gail Yessne

DEAN’S CIRCLE ASSOCIATES Classes of 2007 to 2010: $50 or more Classes of 2003 to 2010: $100 or more Classes of 1998 to 2010: $500 or more

Sheryl Ainsworth Kevin and Julie Albanese Joo Hyung and Eric Anderson Mariana Antcheva Erica Arena

Lawrence Bennett Marlene Bennett Jacqueline Binger Christopher Boscia and Kristin Love Boscia Isaiah Boyer Anna Brathwaite Molly Brennan Aaron Capron Deanne Cevasco April Chan Stanley Chang Aamna Chaudhry Lisa Chen Kristina Chu Nicole Clemens Karen Crowe Jennifer Cullen Michelle Curtis Gregory and Susana Czarkowski Sara Dabkowski Gemma Daggs Eric Despotes Lam Doan Ryan Donlon David Eaton Nicholas Egide Lauren Fair Mary Feldman John Figueroa Todd Fries Alexis Galbraith Arthur and Barbara Gemmell Elizabeth Gillen Larry Gomez Jennifer and Alan Gonzalez Michelle Griffith-Jones Karen Guldan Eric Hanson Eric Hardeman Eric and Judy Hartnett Molly Healy Allison Hendrix Michelle Ho Jamie Holian Christopher Howald Adam Huff Corinne Hutcheson Bradley Jacklin Christopher Jacob Laura Jacques Jared Jefferson Ramon Jimenez Julie Johns Ledford Mona Kashani Gretchen Kenney Brandon Kimura Cody Knight

Karen Ko Michael Kryston Ann Larson Genevieve Larson Aric Ledford Jennifer Leung Shane Lunceford Scott Mangum Thomas Manuel Kathryn McMahon Jason Mendelson Ahan Morris Ranjit Narayanan Genelle Ng Niki Okcu Qudus Olaniran Christie Olsson Stephen Patricio Dusan Pavlovic Shannon Pedersen Tisa Pedersen Pete Perlegos Meghan Piano Victoria Pipkin Michael Pittman Nikki Pope Erica Pun Carla Rabuy Sebastien Raoux Debra Reed Christopher Robinson Christopher Rusca Lori Sandoval Joseph Schoenholtz Jessica Seargeant Brian Shaffer Philip Simpkins Mark Smith Anthony Soldato Darcy Spencer Jetaun Stevens Braeden Sullivan Alexander Swirnoff Matthew Tolland Monica Toole Anh Tran David Tsai Srianga Veeraraghavan David Wang Sadie Wathen Ruby Wayne Michelle Woodhouse Bonnie Wright Kellyn Wulff Suzanne and Jack Yang Hannah Yu

fall 2008 santa clara law 43

closing arguments Diversity: My Perspective

BY A L L E N S . H A M M O N D I V, PH I L A N D BOBBIE SANFILIPPO CHAIR AND PROFESSOR OF L AW AT S A N TA C L A R A L AW, A N D D I R E C TO R OF THE BROADBAND INSTITUTE OF CALIFORNIA

M

y perspective on the importance of diversity was developed by early childhood experiences growing up in segregated Washington, D.C. Like many children, watching television was a part of my day. Like many children, much of what I knew or imagined about the outside world was beginning to come from media as well. My favorite show was "Superman"—a hero who was noble, strong, caring, faster than a locomotive, and who could fly. But while Superman was wonderful, and I emulated him on the playground and every Halloween, I didn’t look like him. One day, by accident, I saw a cartoon about the American folk hero, John Henry. Not knowing the story, I watched transfixed by this strong, noble, caring, articulate hero who was faster than the machine against which he competed and who looked like me. When he died at the end of the cartoon, I was crestfallen and distraught. Why did Superman win and live and John Henry win and die? Couldn’t the dark hero survive winning, too? Could I be a hero and survive winning?

Meanwhile, two other popular shows at the time were “Amos and Andy,” and “The Little Rascals.” Both featured African-Americans who were funny but negative cultural caricatures (although I didn’t know that’s what they were). I just knew that I didn’t act like any of them and neither did the people in my family or neighborhood. Who would trust a dissembling inarticulate lawyer like the “Kingfish”? And what self-respecting person when told to “go sit on a tack” would actually go find a tack and do so like “Buckwheat” of the Little Rascals did?

Over time, as I traveled farther from my segregated neighborhood in Washington, D.C., I came to realize that many people who had never known an African-American while growing up looked at me as if I were a cultural cari-

44 santa clara law fall 2008

cature. In high school and in college I could be a football jock (aren’t all blacks good athletes?), but many classmates were surprised to find out I got good grades, was a Captain in ROTC, wrote poetry, and crafted exhibit-worthy ceramics and jewelry. Who knew? Nothing in their experience prepared them for this contradiction.

The clincher for me was a case in first-year criminal law.

Granted I knew of Emmett Till’s lynching, had struggled with concern and rage over the assassinations of Medgar Evers, Malcolm X, and Martin Luther King, but because of the work of lawyers like Thurgood Marshall, I had thought the court of law to be a place devoid of snarling racist terrorists and the ignorance they espouse. So, when confronted with a case in which a black defendant was convicted of strangling to death an elderly white woman with one of her stockings solely on the basis that he wore a silk stocking cap and had duplicates in his dresser, I was incredulous. Any male from my neighborhood in Washington, D.C., would know that almost every male wore “stocking caps” made from the discarded stockings of our sisters, aunts, mothers, wives, or girlfriends. The stocking caps were worn at night to press our curly hair against our heads forming “waves” of flat curls. Most of us had more than one stocking cap. Did this defendant go to the gas chamber because of the attorneys’ and jury’s ignorance of prevailing black fashion? The reliance on the “shorthand” of cultural caricature and ignorance of the other was dangerous even in a court of law.

In graduate school I was encouraged to take a scholarly look at prime time television situation comedies featuring predominantly African-American casts. In the process, I began to research media portrayals of Latino, Asian, and Native Americans and American women as well as African-

We live in an era in which the Democratic party’s candidate for president is African American and two of his former competitors for the nomination are a woman senator and a Latino state governor. Two of the three are lawyers. It seems fair to conclude that despite retrenchment, circumstances developments are inspiring, it would be naïve to suggest that the need for affirmative efforts is past.

CHARLES BARRY

have improved since the 1970s. However, while these

Allen Hammond

Americans. The cultural myopia that attended portrayals of people who looked like me was rampant in the portrayals of all of the “others” in our society. We could be criminals, athletes, singers, dancers, laborers, renegades, tragic mulattoes, housewives, and secretaries. We could always be funny or docile or tragic or dangerous, but not powerful, and almost never in control. And gay and lesbian people were not even being portrayed in the mainstream. The opportunities for misunderstanding were legion.

Later, Civil Rights, government, and industry efforts to affirmatively diversify the portrayals of minorities and women resulted in increases in the number of minorities and women in decision-making positions in media management and in increased opportunities for minorities and women to become media owners. These efforts, like many others of the time, were later undermined or stalled by the decisions of conservative jurists. But before the efforts diminished, greater diversity flourished in media boardrooms, news rooms, and studios. Programming responsive to and more expressive of the concerns and interests of communities of color and of women proliferated and opportunities for better understanding increased.

Affirmative increases in diversity in higher education also occurred, but recently, they, too, have been slowed by conservative judicial opposition similar to that experienced by efforts in media. Yet as we know from the lead article in this issue, the need for attorneys knowledgeable about and responsive to the needs of our diverse populace is growing at a time when the number of minority attorneys is not.

We live in an era in which the Democratic party’s candidate for president is African-American and two of his former competitors for the nomination are a woman senator and a

Latino state governor. Two of the three are lawyers. It seems fair to conclude that despite retrenchment, circumstances have improved since the 1970s. We may not be able to be Superman, but we can be brilliant, articulate lawyers and serious candidates for President.

While these developments are inspiring, it would be naïve to suggest that the need for affirmative efforts is past. Many remain concerned about the media’s representation of many Americans because the stereotypes about many Americans persist. And as the media continue to be owned by fewer and fewer corporations who in turn wield enormous editorial control, even with the liberating influence of the Internet, we must be careful.

Similarly, many remain concerned about the lack of growth in the number of minority lawyers because the bar and the judiciary are not representative of the people they are sworn to serve. We are a nation of more than 300 million people, speaking more than 300 languages, living over an area of more than 3.5 million square miles, having many different races and ethnicities. Under the circumstances, the opportunities for misunderstanding are legion.

A hegemony of culturally maintained myopia (whether political, corporate or legal) in a society as diverse as ours is anathema to the democracy we revere. As long as we live in communities separated by geography, race, ethnicity, gender, language, income, education, and religion, we run the risk of continuing to undermine the beauty of our diversity by relying on the shorthand of cultural caricature and ignorance. If we fail to affirmatively guard against such hegemony, understanding, justice, and democracy will suffer.

fall 2008 santa clara law 45

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