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T h e M a g a z i n e o f S a n ta C l a r a U n i v e r s i t y S c h o o l o f L aw | fa l l / w i n t e r 2 0 1 3 | v o l 2 0 n o 1

magazine

EMBRACING change Santa Clara Law's first female dean brings commitment to innovation in challenging times. Page 8.

14 Cuba: An Immersion Experience 18 Why We All Should Think Like Lawyers 22 Innovation in the Legal Industry


magazine

JULIA YAFFEE M.A. ’88, M.A. ’97 Senior Assistant Dean for External Affairs Elizabeth Kelley Gillogly b.a. ’93 Editor LARRY SOKOLOFF ’92 Assistant Editor Michelle Waters Web Marketing Manager

F E AT U RE S

8 14

Charles Barry Santa Clara University Photographer Law Alumni Relations & Development Assistant Dean Trevin Hartwell Karen Bernosky B.S. ’81 Ellen Lynch Susan Moore B.S. ’86 Stephanie (Alonzo) Rosas B.S.C. ’96 Marjorie Short Amir Tejani Santa Clara Law, founded in 1911 on the site of Santa Clara University, California’s oldest operating 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 858 students an academically rigorous program, including graduate degrees in international law and intellectual property law; a combined J.D./MBA degree; a combined J.D./MSIS degree; and certificates in high tech law, international law, and public interest and social justice law. Santa Clara Law is located in the world-class business center of Silicon Valley, and is distinguished nationally for its top-ranked program in intellectual property. For more information, see law.scu.edu. If you have any questions or comments, please contact the Law Alumni Office by phone at 408-551-1748; fax 408-554-5201; email lawalumni@scu.edu or visit law.scu.edu/alumni. Or write Law Alumni Office, Santa Clara University, 500 El Camino Real, Santa Clara, CA 95053. The diverse opinions expressed in Santa Clara Law magazine do not necessarily represent the views of the editor or the official policy of Santa Clara University. Copyright 2013 by Santa Clara University. Reproduction in whole or in part without permission is prohibited.

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Santa Clara Law is printed on paper and at a printing facility certified by Scientific Certification Systems to Forest Stewardship Council (FSC) standards. From forest management to paper production to printing, FSC certification represents the highest social and environmental standards. The paper contains 10 percent post-consumer recovered fiber.

By susan vogel Santa Clara Law’s first female dean brings commitment to innovation in challenging times.

Cuba: An Immersion Experience by anna han and Cynthia Mertens

This past March, a group of Santa Clara Law students and faculty embarked on a legal study tour to see the Cuba of today.

Dona LeyVa Copy Editor Amy Kremer Gomersall b.a. ’88 Art in Motion Art Director, Designer

Embracing Change

18

Why We All Should Think Like Lawyers By Kenneth A. Manaster

Perhaps thinking like a lawyer could help Americans do a better job of understanding public issues.

22

Innovation in the Legal Industry By Vicki Huebner

Meet three Santa Clara Law alums who are working to meet the needs of a changing legal industry.


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DEPARTMENTS 2 Law Briefs 26 alumni reunion 28 donor honor roll 33 class action 41 closing arguments

read THIS MAGAZINE ON THE WEB c h a r l es b a r ry

Above: Marilyn Wendt, Matthew Wendt ’09, David Sanders ’08, and Brian Shaffer ’08 celebrate at the 2013 Law Reunion Weekend. Cover photo by Keith Sutter. Photo above by Nancy Martin.

Visit us online for links to additional content, including the very latest news about our faculty, students, and alumni. Our magazine website also makes it easy to share articles from this issue (or previous issues) with friends and colleagues.

law.scu.edu/sclaw


LAW BRIE F S

2013 Commencement “You have the tools now to make change in the world. You have the tools to change a system you don’t like. You have the tools to make others change, too. It’s powerful what you have learned here. Don’t take it for granted.”

—David Drummond B.A. ’85, Google’s chief legal counsel, in his speech to 340 graduates at the Santa Clara Law commencement on May 25

CHA RLES BA RRY

Professor Bradley Joondeph leads a procession of students at Santa Clara Law Commencement last spring.

Nancy Hum eck e- D iaz

Sports Law and Ethics Symposium

Panelists and participants included (from left) Ramogi Huma, president, National College Players Association; Dr. Cindy Chang, a sports medicine specialist at U.C. Berkeley who served as chief team physician for U.C. Berkeley Athletics from 1995-2008 and chief medical officer for Team USA at the 2012 London Olympic Games; and Brent Jones, Former San Francisco 49er and NFL-All Pro. 2 santa clara law | fall/winter 2013

Concussions in pro football, and the implications for youth sports, were discussed at the Fourth Annual Sports Law and Ethics Symposium in September, presented by Santa Clara University’s Institute of Sports Law and Ethics. The panel discussing concussions included New York Times reporter Alan Schwarz and Jeff Miller, National Football League senior vice president for health and safety policy. Other speakers at the event included retired San Francisco 49ers Ronnie Lott and Brent Jones. The abusive treatment of basketball players at Rutgers University in New Jersey was also discussed at the symposium. For complete information on this year's program, please visit law.scu.edu/sportslaw/.


“It’s been a big year for Santa Clara Law’s high tech program. The school climbed to number three for IP law programs…in the 2013 U.S. News and World Report rankings…. But if it seems that Santa Clara has made it onto the national stage, there’s no question where its roots lie… The simple fact of geography gives the 160-year-old Jesuit institution a history— and an alumni network—linking it to the epicenter of the tech industry.” —from “Santa Clara Law Makes High Tech Mark,” The Recorder, Oct. 18, 2013. Visit law.scu.edu/sclaw for a link to the full article.

DIGITAL COMMONS BY THE NUMBERS Since August 2011, Santa Clara Law has housed an extensive scholarship collection on Digital Commons, the Law library's electronic archive system. The collection continues to expand, containing everything from faculty papers, student scholarship, and annual reports to texts from speakers’ presentations, including commencement. For more information or to browse documents, visit digitalcommons.law.scu.edu.

4,447

Number of records in Santa Clara Law’s Digital Commons collection as of August 2013.

622,467

Number of times Santa Clara Law’s Digital Commons records have been downloaded since the collection was started in August 2011.*

400+

Number of downloads in August 2013 for these three most popular papers: “In re Google Privacy Policy Litigation” (809 downloads), digitalcommons.law. scu.edu/historical/225; “AP v. Meltwater” (558 downloads), digitalcommons.law. scu.edu/historical/3; and “On Being Sane in Insane Places” (435 downloads), digitalcommons.law.scu. edu/lawreview/vol13/ iss3/3.

31,671

Number of full-text downloads in August 2013.

46

Number of new submissions posted in August 2013.

9,210

Number of times the Santa Clara Law Review was downloaded in August 2013, digitalcommons.law. scu.edu/lawreview.

9,405

Number of historical and topical legal documents downloaded in August 2013, digitalcommons.law. scu.edu/historical.

5,510

Number of faculty publications downloaded in August 2013, digitalcommons.law.scu. edu/facpubs. *as of October 9, 2013

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LAWB RIE FS

Long-time criminal justice reformer David Onek has been appointed the new executive director for the Northern California Innocence Project at Santa Clara Law. He replaces founding director Kathleen “Cookie” Ridolfi, who continues as a professor at the Law School. Onek served on the San Francisco Police Commission, helping to set policy and overseeing the police discipline process. Prior to that, he worked as a deputy director of San Francisco Mayor Gavin Newsom’s Office of Criminal Justice. He was a candidate for San Francisco District Attorney in 2011, running on a criminal justice reform platform and finishing second. He is the founding executive director of the Berkeley Center for Criminal Justice at U.C. Berkeley Law, where he brought together law enforcement and community in support of innovative, research-based policy reforms. He has taught at U.C. Berkeley Law and at U.C. Hastings College of the Law.

p h oto c ou rt e s y N C I P

NCIP Appoints New Executive Director

David Onek is the new executive director of the Northern California Innocence Project at Santa Clara Law.

NCIP's 17th Victory

A udr e y R edmond

In July, the Northern California Innocence Project announced the release of 72-year-old George Souliotes, who served 16 years in prison. Souliotes was exonerated for convictions for arson and triple murder after a fire at his rental property in Modesto. A federal court had found that Souliotes’ conviction was based on faulty fire science and that he received ineffective assistance at trial in 2000. The NCIP worked with law firms Morrison & Foerster and Orrick, Herrington & Sutcliffe. The exoneration marked the NCIP’s 17th victory since its creation in 2001. Under terms of an agreement at the time of his release, Souliotes pled no contest to three counts of involuntary manslaughter for failure to maintain a working smoke alarm. “Mr. Souliotes and his defense team maintain his absolute innocence, and his decision to plead no contest for failure to maintain smoke alarms does not change that,” said Linda Starr, NCIP’s legal director. Linda Starr, NCIP's legal director, embraces George Souliotes in celebration of his exoneration.

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Faculty News Following are some highlights of faculty news and activities. For links to articles and monthly updates, see law.scu.edu/faculty/faculty-news. Professor Evangeline Abriel presented oral arguments before the U.S. Court of Appeals for the Ninth Circuit on September 11, 2013, in the case of Gonzalez-Salazar v. Holder.

Professor Stephen Diamond had a book published, Rights and Revolution: The Rise and Fall of Nicaragua’s Sandinista Revolution (Vandeplas Publishing).

Evangeline Abriel

Patricia Cain

Chien heads to White House Professor Colleen Chien has been selected to serve in the White House Office of Science and Technology Policy, as senior advisor for intellectual property and innovation to Todd Park, the U.S. chief technology officer. She is taking a leave of absence from her teaching duties for at least a year to fulfill her new appointment, which began Sept. 16. In this role, she will advise Park on issues related to intellectual property and innovation, as well as privacy, open government, and civil liberties. Chien testified on Capitol Hill in July, her second appearance before Congress in the past year. She discussed abusive patent litigation in her appearance before the Intellectual Property and Internet Subcommittee of the House Judiciary Committee. She was named one of the “Top 50 Most Influential People in IP” by Managing Intellectual Property magazine, which cited Chien’s work on patent assertion entities, including the fact that she coined that term. Her work on patent trolls has sparked a national conversation, including a White House proposal for reform that repeatedly cited her research. Colleen Chien is the new White House senior advisor for intellectual property and innovation.

Rick R ein ha r d

Professor Patricia Cain was quoted on the tax issues following the Windsor case in a number of news publications, including the New York Times, the San Francisco Chronicle, and Tax Notes. She participated in a number of Continuing Legal Education programs to discuss the tax consequences of the Defense of Marriage Act (DOMA) decision on couples in same-sex marriages. She has done telephonic webinars for the National Academy of Continuing Legal Education, the Tax Section of the ABA, Pincus Professional Education (California), and the ABA Real Property, Trust and Estate Law Section. She spoke on a plenary session about this issue at the National Conference sponsored by the National LGBT Association (an ABA affiliate) and also presented on three additional breakout panels at that conference. She participated in a panel discussion about the Windsor case and the recently issued Revenue Ruling at a Santa Clara Bar Association educational event, and she spoke on three panels at the ABA Tax Section’s Joint Meeting in San Francisco in September.

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LAWB RIE FS Professor Eric Goldman was named to ABA Journal’s list of top law blogs (Blawgs), he was named by Habeas as one of the top 5 lawyers to follow on Twitter, and he was included on Excite.com’s list of Top 20 Law Blogs. He has given numerous talks and workshops, including a talk, “IP in the Online World—Social Media, Domain Names, Copyright and TM issues,” at the 4th Global Forum on Intellectual Property 2013, in Singapore, in August. He also discussed “Recent Developments with Section 230” at the 2013 World Technology Law Conference & Annual Meeting in Scottsdale, in May. He presented “Branding and Trademark Challenges and Opportunities” at the Tenth Annual Stanford E-Commerce Best Practices Conference, Stanford Law School in June. Goldman was frequently quoted in the media, including in a widely reprinted New York Times article discussing Twitter’s response for user information in a case in France. Professor Deep Gulasekaram recently published two op-eds in USA Today—“What it means to be American,” which addressed gun control and immigration, and “Same-sex marriage decisions come with costs,” which addressed some less appreciated features of the Supreme Court’s Defense of Marriage Act and Prop 8 decisions. He also contributes blog posts on immigration court decisions to the website of the national American Constitution Society for Law & Policy, most recently in August, in an entry titled “Immigration Federalism Post-Arizona.”

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Eric Goldman

Deep Gulasekaram

Brian Love

Jean Love

Kenneth A. Manaster

Michelle Oberman

Professor Brian Love published several articles, including “Expanding Patent Law’s Customer Suit Exception,” co-written with Jim Yoon and published in the Boston University Law Review; “Make the Patent ‘Polluters’ Pay: Using Pigovian Fees to Curb Patent Abuse,” co-written with Jim Bessen and published in the California Law Review; and “An Empirical Study of Patent Litigation Timing: Could a Patent Term Reduction Decimate Trolls Without Harming Innovators?,” published in the University of Pennsylvania Law Review. He also coauthored an article, “Best Mode Trade Secrets” in the Yale Journal of Law and Technology. He recently published two op-eds: “Tax the Patent Trolls,” co-written with Jim Bessen and published in USA Today; and “No: Software Patents Don’t Spur Innovation, but Impede It,” published in the Wall Street Journal.

Professor Jean Love recently published a law review article, “Teaching Preliminary Injunctions After Winter,” in the St. Louis University Law Journal. She is a member of the SALT LGBT Committee, and in that capacity she assisted Professor Suzanne Goldberg in 2012–13 by editing Professor Goldberg’s amicus brief in the Perry case (the Prop. 8 case)—an amicus brief that SALT later signed. Professor Kenneth A. Manaster had a book published, The American Legal System and Civic Engagement: Why We All Should Think Like Lawyers (Macmillan). See Page 18 for an excerpt. Professor Michelle Oberman published several articles, including “Cristina’s World: Lessons from El Salvador’s Ban on Abortion,” in Stanford Review of Law & Social Policy; “Two Truths and a Lie: In re John Z. and


Professor David Sloss wrote an article, “Kiobel and Extraterritoriality: A Rule Without a Rationale,” which appeared in the Maryland Journal of International Law. He also co-authored an essay with Vivian Curran, “Reviving Human Rights Litigation After Kiobel,” which was published in the American Journal of International Law. In the fall, he appeared on NBC Bay Area News to discuss the situation in Syria. Bob Peterson

Gary Spitko

Margaret M. Russell

Stephanie Wildman

Stories at the Juncture of Teen Sex and the Law,” in the Journal of Law & Social Inquiry; and “Getting Past Legal Analysis ... or How I Learned to Stop Worrying and Love Teaching Rape,” in the Creighton Law Review. She also delivered several conference speeches, including “Neonaticide and Access to Abortion: Why the Law Doesn’t Matter,” at Addressing Filicide: Inaugural International Conference for Cross National Dialogue (Prato, Italy, June, 2013); “Enlisting Doctors in the PostRoe Abortion Wars: Informed Consent, Conscience Clauses & the Demise of Fiduciary Duty,” at the Bixby Center for Global Reproductive Health, University of California at San Francisco Medical School (May, 2013); and “Informed Consent, Conscience Clauses, and the Newest Generation of Abortion Laws,” at the Stanford Law and Policy Review, Roe v. Wade at 40 Symposium (February, 2013).

David Sloss

Tseming Yang

Professor Bob Peterson co-taught an Insurance 101 seminar for California legislators and their staffs. Professor Margaret M. Russell is the recipient of a Fulbright fellowship by the Council for the International Exchange of Scholars. She will spend six months in Tanzania in 2014, researching human rights jurisprudence and documenting the work of the Tanzania Women Judges Association’s “Jurisprudence on the Ground” project. She spoke to Real Clear Politics blog about whether the Supreme Court is acting like a lawmaking body. She also co-wrote an op-ed that ran in the San Francisco Chronicle comparing the Prop. 8 Supreme Court ruling and other “landmark” equality cases.

Professor Gary Spitko delivered a lecture in May, “The Enforceability of Arbitration Agreements After AT&T Mobility v. Concepcion,” at the 2013 California Appellate Judicial Attorneys Institute.   Professor Stephanie Wildman published a new casebook and teacher’s manual, Social Justice: Professionals, Communities, and Law 2d (2013) (with Martha Mahoney and John Calmore). She cowrote a chapter, “A Colorblindness Is the New Racism: Raising Awareness about Privilege Using Color Insight” (with Armstrong), in Deconstructing Privilege: Teaching and Learning As Allies in the Classroom (Kim A. Case ed., 2013). She also published several articles including “Revisiting Privilege Revealed and Reflecting on Teaching and Learning Together,” which appeared in the Washington University Journal of Law & Policy. Professor Tseming Yang was appointed to an American Bar Association task force on sustainable development. He also co-authored with Xuehua Zhang an article, “Public Participation in Environmental Enforcement ... with Chinese Characteristics?:  A Comparative Assessment of China’s Environmental Complaint Mechanism,” which appeared in the Georgetown International Environmental Law Review.  

For more faculty news, visit law.scu.edu/faculty/faculty-news.cfm. fall/winter 2013 | santa clara law 7


b y sus a n vo g e l

Embracing Change Santa Clara Law’s first female dean brings commitment to innovation in challenging times.

W

hen Dean Donald J. Polden announced his retirement as dean last October after a decade of service, it was a time for both concern (who would fill his shoes?) and reflection on the future of Santa Clara Law. The economic crisis of 2009 had rattled the profession. Nationwide, law school applications are down 42 percent, and many people are questioning whether an expensive law school education is worth the investment. Finding a new dean involved reassessing the very nature of the role of a law school dean in a changing world, economic landscape, and profession. The uncertainty of the future of legal education meant the position also required someone with flexibility and a willingness to embrace new ideas. After a six-month search, Santa Clara University chose Lisa Kloppenberg as its 14th dean. Not only did she meet all of the criteria for the position, but she also demonstrated a longstanding commitment to education of the whole person and a track record of innovation.

THE SEARCH In October, Provost Dennis Jacobs assembled a nine-member search committee chaired by Bradley Joondeph, SCU Inez Mabie Distinguished Professor of Law and now associate dean for academic affairs. The committee spent three months working with faculty, students, staff, and alumni to identify what Santa Clara Law needed in a dean. One thing that emerged was that Santa Clara Law’s future dean was not going to follow the model of the past few decades. “The nature of the job has changed,” says Joondeph. “It used to be that current faculty members were called on to act as dean for a few years. Now, it’s a big, really challenging job.”

cha rl e s b ar ry

Santa Clara Law’s new dean, Lisa Kloppenberg (center), says she plans to continue in her legal scholarship and teaching. “It’s important for the dean to model the values we care about in the academy, and scholarship is a big part of it. I won’t teach the first year, but I love to teach,” she says.

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fall/winter 2013 | santa clara law 9


“It is with great enthusiasm that we welcome Lisa Kloppenberg to Santa Clara University, and look forward to working with her to build upon the proven strengths of our law school. Her understanding of current-day challenges to legal education, and her commitment to Jesuit Catholic ideals of educating the ‘whole person’ make her a wonderful fit for SCU.” —Michael Engh, S.J. President, Santa Clara University

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In addition to being a recognized scholar, “the dean has to be able to manage the complexity of running the organization,” says Joondeph. “The dean must also grapple with the difficult long-term questions of who we are, what our priorities are, what is the right size for the law school; how we make sure we are providing the best quality of education based on what we charge; plus raising money, and dealing with staffing and HR issues.” The committee reached out to 100 potential applicants nationwide and received nearly 50 applications, almost triple the applications received in 2002. Ten top candidates were interviewed and five finalists invited to campus for two grueling full-day interviews starting at 7:30 a.m. “It was a good trial run on what it’s like to be a dean,” says Joondeph. The committee then presented the five finalists to Santa Clara Law and collected input from faculty, deans, staff, students, and alumni. “We summarized the feedback and presented it in a report to the provost and the president, Michael Engh, S.J.,” Joondeph says. In his announcement of her appointment, Engh said Kloppenberg’s “understanding of current-day challenges to legal education and her commitment to Jesuit, Catholic ideals of educating the ‘whole person’ make her a wonderful fit for SCU.”

“BORN ORGANIZED” Kloppenberg grew up in West Covina, a suburb of Los Angeles, and the town of Goleta, near Santa Barbara. She spent four years at a Christian primary school before enrolling in a Catholic high school where she developed a love of writing. Her mom, who had not had the opportunity to attend college, was the first of several female mentors for Kloppenberg. “She was the one who really pushed education for us,” she says. As a child, Kloppenberg was very self-directed. “At age five, I had to-do lists and I would check things off. I was born organized. I was no Santa Barbara surfer girl!” She helped put herself through University of Southern California’s undergraduate journalism program by working as a waitress and a newspaper intern. Kloppenberg didn’t meet a lawyer until her third year of college when a practicing attorney taught her First Amendment class. “I was a middle-class kid who had never been exposed to lawyers. Before that class I had never thought of law school.” As she approached graduation in 1984 with degrees in English and journalism, she carefully weighed her career options. Though she was single, she was thinking ahead. “I loved writing but didn’t necessarily want to do broadcast journalism where you’re moving your family around. I was trying to think of what would give me some leadership opportunities, some economic stability, and make it easier to have a family as well, so it seemed that law school would really keep my options open.” During law school at the University of Southern California Law Center (now USC Gould School of Law) Kloppenberg held a variety of part-time jobs, including waitressing, writing tutor for football players, and as a resident hall assistant, supervising 12 other RA’s and 600 students. She trimmed down her work schedule during her last year of law school when she became editor of the law review. At USC Law, Kloppenberg met a teacher who would become her lifelong mentor and friend, longtime USC dean and later Federal Judge Dorothy Wright Nelson. “Her’s was the best class I had in law school, because she got us out of the classroom and into the courts talking to the judges and the lawyers so we could see what it was really like,” she explains. “We visited mental health court—in an old pickle factory near Dodger Stadium—as well as juvenile court, traffic court, and prison. We talked about issues of judicial reform and alternatives to reduce cost and increase satisfaction. I became very invested in mediation.” Kloppenberg clerked for Judge Nelson after graduation. Eager to practice First Amendment law, Kloppenberg joined the D.C. law firm Kaye, Scholer, Fierman, Hays, and Handler. The practice area “evaporated” she says, when the lawyer she worked for won a big case that made it harder for plaintiffs to sustain claims


against journalists. Kloppenberg moved to a civil litigation practice and honed alternative dispute resolution (ADR) skills in the firm’s “very active ADR practice, which was unusual at the time.” There she also had the opportunity to work with the nationally renowned mediator Ken Feinberg, who has recently been involved with the Gulf Oil disputes and disbursement of the 9/11 funds. Kloppenberg had married Mark Zunich, whom she had met as an undergrad during a yearlong study abroad program in Canterbury, England. A psychology major, he had begun law school, at American University in D.C., after Kloppenberg had finished at USC. Once the couple had young children, she says, they “realized that big firm practice did not provide the family life we wanted. We needed more flexibility and more time.” At the same time, she adds, “Additionally, it just wasn’t fulfilling enough to me. They were great clients, but it didn’t offer the kind of satisfaction, long term, I was looking for. So after four years of practice, I went on the teaching market when Mark finished law school.” Her first teaching position was at University of Oregon School of Law. She taught federal courts, civil procedure, and constitutional law and helped to set up the school’s ADR program. By the time she received tenure, law schools were courting her for dean positions. When University of Dayton, in Ohio, one of the 10 largest Catholic universities in the country, came calling, she was intrigued. “Dayton’s values were such a good fit: Marinist Catholic, a warm community, very welcoming and very much about fairness, equity, and social justice,” she says.

TRACK RECORD Kloppenberg’s record at Dayton reflects a dedication to ADR, a concern for the affordability of law school, and a commitment to getting students on-the-ground experience so they are prepared for practice. In 2005, to help reduce the cost of a legal education, Kloppenberg initiated one of the nation’s first accelerated two-year programs in which highly motivated students attend school year-round. “Students save a year in living expenses and are out earning sooner,” says Kloppenberg. Her fundraising yielded a 34 percent increase in endowed scholarships. (Kloppenberg and Zunich themselves established an endowed need-based scholarship.) To help students gain the perspective that she had found in Judge Nelson’s class, Kloppenberg created Lawyer as Problem Solver, an innovative lawyering curriculum covering skills students needed to practice, ADR training, capstones, and externships. “When students get out of the classroom and into the courts and ADR settings, they come back to the classroom engaged differently, thinking, ‘here is why I need to care about the rules of civil procedure, here is why evidentiary rules matter,’” says Kloppenberg. “They’re no longer abstract concepts, but part of the puzzle of representing a client. The program received a lot of national recognition. I am very proud of that.” To teach lawyers “that they don’t work in a vacuum,” she encouraged faculty members to develop co-curricular programs involving the law, business, and engineering schools, and arts and sciences. “We work in courts, we work with clients, we work in a business context or a family context. We are not in isolation. We can’t only think of the law. There are other motivators and drivers of people’s behaviors.” Kloppenberg also made student and faculty diversity a priority. “That was really important and challenging in Ohio,” she says. Other accomplishments she presided over were the creation of an LL.M. degree and a law and technology master’s degree for nonlawyers, and increased student pro bono and community service opportunities and hours.

As dean of the University of Dayton, Kloppenberg initiated one of the nation’s first accelerated two-year programs in which highly motivated students attend school year-round. Created in 2005, one of the main goals of the program was to help reduce the cost of a legal education.

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A LAW SCHOOL ON THE MOVE

“She has a proven track record as a very successful dean. Her deanship at Dayton was characterized by significant change. She showed a willingness to embrace new strategies and really be a pioneer. She has been ahead of the curve nationwide with respect to a number of innovations in legal education.” —Bradley Joondeph, Professor, Santa Clara Law

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Kloppenberg learned about the Santa Clara Law dean’s position from an SCU alumna who had been dean at Notre Dame Law School. She saw it as a great opportunity for her career and her family. Careerwise, she was attracted by the chance to work in a Jesuit setting. “I see a lot of similarities between the Marinists and the Jesuits: Real concern for the poor and the marginalized, a real sense of international connection, that sense that we are part of something much larger than ourselves, and the emphasis on the whole person,” she explains. And she was excited to work for a law school that is “on the move” in terms of its three core strengths. “High technology, international, and social justice are complementary and they make so much sense when we think about the future,” says Kloppenberg. “We know that we are getting increasingly globalized in the legal profession, that there’s all this unmet legal need among the citizenry, and that intellectual property is such a valuable resource—for many corporations, the most valuable resource. That combination of programs makes sense for the University’s values, the legal profession, and the region.” Santa Clara Law’s location was also a major attraction for Kloppenberg. Not only would it bring her family closer to grandparents on both sides, but it also was a clear advantage in guiding a law school through challenging economic times. “Santa Clara is in a perfect location,” she says. “Being right in the heart of Silicon Valley at a time when technology and international law are so important gives students so many dynamic opportunities: externships, jobs, alumni mentors, and the adjunct professors who are able to provide that important context for the legal concepts they are learning. If you look to the future, you can’t find a better marketplace than Silicon Valley.” While many candidates for the deanship had excellent academic and scholarly credentials, what tipped the scales in Kloppenberg’s favor were the high marks the committee gave her as a highly effective communicator and listener committed to transparency and to innovation. “She has a proven track record as a very successful dean,” says Joondeph. “Her deanship at Dayton was characterized by significant change. She showed a willingness to embrace new strategies and be a pioneer. She has been ahead of the curve nationwide with respect to a number of innovations in legal education.” Plus, says Joondeph, throughout the interview process, “we all had the feeling ‘this is a thoughtful, nice, caring person.’ We felt her personal warmth and interest.”

THE FIRST 100 DAYS Kloppenberg began her five-year term as dean on July 1. Her family quickly settled into the Bay Area. Zunich will be looking at opportunities for the next phase of his career. Daughter Kellen enrolled in Notre Dame High School in San Jose for her senior year of high school. Their son, Nick, a recent Dayton graduate, is working at the University of Oregon. Son Tim is finishing up a degree in marketing and entreprenuership at the University of Dayton. “For our family, the chance to stake roots again in California after twenty-five years is a blessing,” she says. Santa Clara Law has been so welcoming, she says. “I’m impressed by the faculty. Not only are they brilliant, they are committed to the students. And the staff is so caring. This is a nurturing place.” Kloppenberg did not arrive with any plans for changes at Santa Clara Law. “The Jesuit tradition” she says, “is to listen for a hundred days.” Kloppenberg says she is listening “to students, alumni, faculty, staff, and others who are invested in the Law School,” in order to “think hard about our future. We are strong now, but how do we grow even stronger for the future so we can be one of the law schools that comes out of this downturn in a positive and dynamic way?”


In September, Dean Lisa Kloppenberg welcomed The Honorable Leon E. Panetta ’60, J.D. ’63, back to campus to celebrate his 50th reunion with Santa Clara Law. nan c y ma rtin

THE ROAD AHEAD According to Kloppenberg, she sees the challenges the Law School faces as the challenges of our entire legal system, beginning with the simple fact that legal services are simply too expensive. “There is a whole section of the middle class who wouldn’t think of going to a lawyer even if they should. I am deeply concerned about the cost of legal services and the impact on the poor of our society. That’s one of the reasons I am such a big proponent of ADR.” Lack of access to lawyers undermines the public’s faith in the entire justice system, says Kloppenberg. “If people don’t feel they can afford lawyers, they don’t feel that justice is accessible to them. That’s a real problem. We are only going to be able to have a rule of law and a democratic system if people feel they have some connection to it.” Access to law school is another great concern of hers. “There is a tremendous gap in our society. Young people who don’t know lawyers but are the kids who need to grow up and represent their communities, whether immigrant communities or others, do not have access to law school. I strongly feel that we need to do more to provide need-based scholarships and support for students and be conscious, as we come out of this economic crisis, about how to keep costs down. You want high quality, but do you have to do everything the way it’s always been done?” Kloppenberg hopes to continue in her legal scholarship and teaching. “It’s important for the dean to model the values we care about in the academy, and scholarship is a big part of it. I won’t teach the first year, but I love to teach,” she says. She will also continue working on her official biography of Judge Nelson.

SHARE YOUR IDEAS Do you have ideas for the future of Santa Clara Law? Dean Kloppenberg is listening. You can email her at lkloppenberg@scu.edu.

BUILDING COMMUNITY Kloppenberg does not see being Santa Clara Law’s first female dean a challenge in itself. “I think I am quite fortunate here at Santa Clara Law in that there has been strong leadership by women faculty members and associate and assistant deans. There are so many others who have blazed the path for me. The respect is already there.” As she takes in everything she learns, she does so with an eye toward building consensus, another skill she learned from her mentor, Judge Nelson, who she describes as “a real peacemaker and community builder.” “I think that’s what my vocation is,” says Kloppenberg. “I try to build community, make everyone feel included, recognizing that different people bring different expertise and perspectives that are important.” “Peacemaking doesn’t mean that we agree at the end of the day, but that there’s a process so that people can be heard, listened to, and that you decide things in a fair way.” Susan Vogel is a frequent contributor to Santa Clara Law.

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By A n n a Ha n a n d Cy n t h ia M ert e n s , P ro fess o rs o f L aw

CUBA An Immersion Experience

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hen Americans think of Cuba, there are a few stock images. For those old enough, the Cuban Missile Crisis, Fidel, and old cars come to mind. For others, Cuba is a total mystery due to the embargo and the inability to travel there unless under a license. This past March, our group of Santa Clara Law students and faculty was fortunate enough to embark on a legal study tour to see the Cuba of today.

PREPARATION To prepare for the journey, students enrolled in a one-unit class, which we co-taught. Students were required to write a paper on a topic that interested them relating to Cuba. They first wrote a proposal and an outline, and they then read articles about Cuba and heard from Cuba experts who gave guest lectures to share their thoughts on Cuba’s legal and political system, as well as the social challenges and the rich and unique culture of this region. Students completed their papers after returning and absorbing all of their in-country learning. In class before our journey, Anna Han discussed transitional economies and how communist countries deal with issues such as property rights and workers’ rights. She also explored how things may change dramatically once the United States lifts its embargo. Santa Clara Law Professor Nancy Wright, who had taken a trip to Cuba not long before our class began, also gave a talk about her experience there and shared numerous photos, which was an excellent “cultural acclamation” for students. Via Skype, our class had a meeting with Miguel Altieri, Professor of Agroecology at U.C. Berkeley in the Department of Environmental Science, Policy, and Management. Altieri shared interesting comments on the 14 santa clara law | fall/winter 2013

standard of living in Cuba, which he believes is quite good because of all the free benefits that Cubans receive. He also addressed agricultural issues and explained how, once the Soviet Union broke up and Cuba was no longer receiving much aid, the country basically was forced to go “organic” because fertilizers weren’t available. Also via Skype, students met Julia Sweig, the Nelson and David Rockefeller Senior Fellow for Latin America Studies and Director for Latin America Studies at the Council on Foreign Relations. Considered one of the leading Cuba experts in the U.S., Sweig specializes in Latin America and U.S.–Latin America foreign policy, and she is the author of Cuba: What Everyone Needs to Know, an excellent and fascinating reference book on Cuba. Her discussion focused on U.S.–Cuba relations and the future of Cuba. Many of the points she made in her talk were later confirmed in Cuba by one of our in-country speakers.

THE JOURNEY On March 2, some 26 students, and 12 faculty members departed. As we waited in Cancun for our plane to Cuba, the airport announcer said: “Line up in a single file to board.” No first class, no business class, no priority according to group number. Everyone is treated equally ... our first taste of Communism. After an uneventful one-hour flight, we landed at the José Martí International Airport. As we prepared to go through the immigration line, an official approached Professor Mertens and asked her in Spanish to step out of line. Seemingly endless questions ensued regarding the purpose of our trip and the itinerary. The officer was detailed in his questioning.


Left, the sign of the Union Nacional de Juristas de Cuba (the lawyer's union), where the group learned about the Cuban legal system. Right, top, one of the many older American cars that are commonly seen in Cuba. Right, bottom, Santa Clara Law students listening to a lecture at the University of Havana.

After customs, we exchanged some money. Since American dollars carry a heavy commission in retaliation for the embargo, we had been instructed to bring either Canadian dollars or Euros. Although one Cuban Convertible Currency “CUC” is equal to $1 U.S., we would only get 93–95 cents if we changed U.S. dollars. This was our first introduction to the dual-currency system where a CUC is worth about 24 times the local peso. We also knew that U.S. debit and credit cards were not useable; cash was it. The government’s inability to maintain the infrastructure of the city was apparent everywhere we went. Uneven curbs, potholes, rough sidewalks, rundown buildings, and broken street lights were evidence of a struggling economy. No wonder the government is encouraging private enterprise; it simply can’t continue to support the entire population using state funds. Overall, the streets were clean, although there were stray dogs in abundance. A flashlight was a must at night, as most streets did not have lights. That first evening, our knowledgeable guide assured us that there was no crime. “Havana is very safe,” he said. Later that evening, a bicyclist grabbed the purse off the

“The trip to Cuba was a once-in-a-lifetime experience. I learned so much about the country in such a short amount of time. I loved being able to sit down with former Cuban Supreme Court Justices and learn about the criminal justice system.” —Sarah Scott, 3L

shoulder of an SCU student who was walking with several others. Luckily she had left her passport in the hotel. No crime? We would learn more about the criminal system of a “no crime” state later.

LEGAL AND SOCIAL LESSONS Our group was able to meet with the director of Unión Nacional de Juristas de Cuba who gave us an overview of their legal system as well as how lawyers practice. The two retired Supreme Court judges who spoke to us, Jorge Bodes Torres and José Candia Ferreyra, confirmed that there is crime in Cuba. Their presentation highlighted some of the ways their criminal system is different from ours. The cases are tried before one or two “professional judges” (law school grads), and one or two lay judges from the community. Lay judges are nominated by fall/winter 2013 | santa clara law 15


organizations and unions and serve for a period of five years. Professional judges are appointed for life. Decisions are made by majority vote and can be appealed by either party—prosecution or defense. There is no jury and no plea bargaining. There is a presumption of innocence. Interestingly, defendants in Cuba can’t be convicted of perjury. They can change their stories as often as they like before the judge, and the judge is not allowed to consider this in rendering his or her decision. Economic crimes are becoming more prevalent. Corruption is a problem, as government officials make so little that some choose to use their positions to supplement their income. As in other civil law countries, judges do not follow precedent but rather look to the penal code. Cuba recognizes the death penalty but it has been 12 years since a death sentence has been carried out. We learned other legal facts. Property: Everything is state owned and no foreigner is allowed to own land or houses. Intellectual Property: Cuba has a thriving pharmaceutical industry. They say they patent their inventions, and they are protective of the famous Cuban Cigar trademarks. Family Law: While divorce is legally easy in Cuba, there is such a housing shortage that couples who divorce often still live together in the same apartment until one of them meets someone who has a place to live, allowing him or her to move out. The average tour guide makes three times the income of a lawyer, largely due to tips, and the cigar factory worker makes more than a judge. One of our guides was a lawyer-turned-guide for the money. Even though

the University of Havana graduates many law students, practicing lawyers and judges are but a small percentage of those graduates. In many ways, the embargo has made Cuba a place out of step with time. There also seems to be a duality to everything. While we tourists traveled in modern, airconditioned buses made in China, the Cubans made do with old buses and older cars. We dined in small, family run, privately owned restaurants called paladars, where lobster, wine, and even an imported soft drinks were available. But the local bakery shelves were empty, and at 5 p.m., there was a line out the door waiting for a new batch of bread to appear. We visited a school and a community clinic. Granted, they were both located in a model eco village that tourists visit, but we didn’t get the impression that much was “dressed up” unless super cute kids are part of the props. The classrooms were spartan. Electricity was used sparingly, so the rooms were dark. The students didn’t have cell phones or laptops to distract them. The younger kids played outside with imaginative creations, including a large inverted soda bottle and some paper mache, which had become a blender in their play kitchen. The clinic served about 1,200 people in the village. There was one doctor and one nurse. The other doctor had been sent to Venezuela as part of Cuban aid in exchange for oil. Making do when you lack natural resources seems to be a Cuban trait. The kids learn that lesson early.

The Santa Clara Law immersion group at the University of Havana.

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CUBA’S ECONOMY The Cuban economy, despite everything, is starting to improve, and, as more and more businesses are allowed to privatize, the standard of living is also gradually rising. In fact, one is hard pressed to find poverty in the way that homeless in the United States are poor. One thing the Cuban government has done is to provide for housing, however cramped; food, however limited or subsidized; education (free all the way through graduate school); and free medical care. Tourism is on the rise, which, of course, benefits the Cuban economy. From the roadside seller of peanuts to the glittering hotels that are comparable to the ones in Miami, tourist money sustains much in Cuba. Foreign investors from Canada, China, and Europe are starting to invest, now that the government has opened some sectors to joint ventures. Foreign investment in Cuba means taking a minority share—49 percent—and management is heavily Cuban. The government is careful about whom it lets in and what investments foreigners can make. Naturally, tourist-focused industries benefit first. The roads to the resorts are well paved. The one national highway that goes half way through the country ends abruptly.

CUBA: GOING FORWARD Where is Cuba headed? If the U.S. ever ends the embargo, the place will boom. Cuban Americans would invest, and others who now can’t qualify for a license will come in droves. In fact, the speech we heard by a Cuban diplomat was as much a plea for Americans to end the embargo as it was about the history of Cuban and U.S. relations. His points: Stop thinking of us as the Cold War enemy, start talking to us and we will reciprocate, and end the embargo sooner rather than later. Democracy may not come to Cuba anytime soon, but the U.S. deals with many nondemocratic countries and trades with them; Cuba can be one of them. The current economic changes prove one point—when it comes to the battle of Communism versus market economy, capitalism wins. Predictions are dangerous, but we believe that Cuba will keep moving economically toward greater private ownership. How the country balances the economic growth to come with the preservation of its environment will be a big challenge. Not having the money to produce and import cars means fewer traffic jams and less pollution, and not having major industries means the same. However, once that changes, so will the surroundings. Already, offshore oil drilling and close-toshore drilling are destroying some pristine waters and beaches. Politically, a larger private economy will not mean more democracy. Raul Castro has already set his own term limit, but his successor has also been anointed.

STUDENT RESEARCH AND WRITINGS ON CUBA As part of our course and trip, students researched and wrote a paper on a topic of choice related to Cuba. Student paper topics were quite varied and included: •

A Tale of Two Rums (Trademark)

Cuba Relations and its Effect on Professional Baseball

Cuba’s Tax Code

Cuba’s Criminal Justice System

Cuba’s Electoral System

Cuban Economics & Legal Systems – a Comparison to the U.S.

Cuban Industrial Property and the Pharmaceutical Industry

Cuban Private Property

Domestic Violence in Cuba

Environmental Law and Tourism in Cuba

Freedom of Expression in Cuba: Law and Practice

LGBT Rights in Cuba

International Protection of Intellectual Property

Land Use Planning in Cuba

The Evolution of the Cuban Woman

Sustainable Development in Cuba and its Ethical Implications

The Status of Labor Laws in Cuba

Cuba’s New Private Sector and the Opportunity for International Business

The Cubans seem quite open and speak freely on many subjects, but we didn’t hear a single negative comment about the leaders, certainly not against Fidel or Raul Castro. We suspect that in a few years, Cuba will be more accessible, will have more goods available, and will open more resorts. However, we also dread the day when the historical squares are lined with brands we see in every mall in the U.S. Hopefully, the Cubans will tread carefully, grow and prosper, but preserve what is uniquely Cuban.

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By K e n n e t h A . M a n as t er , P ro fess o r , S a n ta Clara L aw, a n d S a n ta Clara U n iversi t y P reside n t ial P ro fess o r o f E t h i c s a n d t h e C o mm o n G o o d

The American Legal System and Civic Engagement

Why We all Should Think Like Lawyers

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Editor’s note: Santa Clara Law Professor Kenneth Manaster is the author of the recently released book The American Legal System and Civic Engagement: Why We All Should Think Like Lawyers (Palgrave Macmillan). The essay below includes some of his thoughts on why he wrote the book as well as a brief excerpt. For more information see us.macmillan.com/theamericanlegalsystemandcivicengagement/ KennethManaster.

The First Question: Easy to Answer Do many of us in America actually do a good job of understanding public issues? This is the question that prompted my work on this project. More precisely, it was the answer that got me going. The answer, I’m pretty sure, is no. I think it is incontrovertible that most people find it very difficult and discouraging to try to understand the content, contending viewpoints, and broader implications of most of the big issues of our time. We are barraged with information about gun control, climate change, the economy, abortion, educational reform, the war on terror, and many other hot-button issues. Adding to the challenge posed by the complexity of these issues are the strident, partisan arguments accompanying many of them and the flood of confusing information emanating from the news and entertainment media, including the Internet.

The Second Question: Not So Easy to Answer What can be done about this? The answer to this question is elusive. A logical place to look for an answer is in the schools. Many educators are looking closely at ways to breathe new life into civics education, not just in high schools but in colleges as well. Their hope is that more intensive and extensive education about our democracy will help induce more active and informed public participation in democratic processes and discussions. The objective, to use the emerging vocabulary, is greater civic engagement.

As I examined these educational reform efforts, and other sources promoting civic engagement, it occurred to me that there is a gap: Although attention is being given to what issues people should think about, little attention is being paid to how people should think about them. In our democracy, it is a given that we each can have, do have, and should have, opinions on at least some public concerns, and that we should express those opinions in a variety of forums, especially the voting booth. It is hard, however, to find guidance on how to go about forming those opinions.

My Question and Answer In an effort to fill this gap, I ask: does the legal system have any guidance to offer? My answer is that it does. My book’s primary objective is to bring that guidance to light. Hence, the title and subtitle: The book looks at what the American legal system has to offer to promote civic engagement. The subtitle is a shorthand way of highlighting my thesis that we all, as ordinary citizens trying to understand public issues, should think more like lawyers. To state my perspective a bit differently, I was struck by the fact that we refer to the legal system as such, as a “system.” A big part of that system, in my view, is a wellestablished set of tools and traditions that are designed more or less methodically to guide all of us working in the law—lawyers, judges, and jurors—toward rational and fair conclusions. I wanted to see whether it was possible to translate those methods of the law into guidance for ordinary citizens that could aid them in reaching more informed, confident, and sensible opinions in the very unsystematic court of public opinion.

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As I began to explore my ideas, I was not sure at first that this was a worthwhile inquiry. Fortunately, SCU’s Markkula Center for Applied Ethics offered in early 2011 to bring together faculty from elsewhere in the University to discuss my project. The Center sponsored a workshop session with professors from departments such as political science, communication, and philosophy who already were thinking about how to aid students in becoming more civically engaged. To my pleasant and genuine surprise, their reaction to my approach was encouraging. Spurred by this response, and with the help of some eager and very smart law student research assistants, I persevered. Again in 2012, the Markkula Center brought these professors together in a second workshop to dig in further to my developing manuscript. A law faculty workshop also provided a raft of helpful suggestions from colleagues. All of this input helped convince me that I was on a worthwhile track.

Just as the legal system operates at its best when the people working within it are receptive to new and differing aspects of the problems before them, so too is the ordinary individual best prepared to be a responsible contributor to public discourse when she embraces that approach. Thinking Like a Lawyer: Seriously? The core of the book is a detailed exploration of the fundamental tools and traditions underlying legal decision making. In the principal concluding chapter, I attempt to translate them into guidance for the ordinary citizen. In exploring these methods of the law, I found myself dissecting the various components of “thinking like a lawyer,” a catchy, popular phrase with uncertain meaning. I grouped those methods into four broad categories, each of which describes a broad goal for how legal work should be done. Within these categories, I found a total of 12 more or less specific tools and traditions. Lawyers, judges, and jurors use these methods in various ways, and in my conclusion I urged that similarly they can be used in various ways at various times by almost anyone. Devoting a chapter to the American legal system’s expectations for how jurors should perform their role, I posited that if we can expect jurors to address these tools responsibly in a court of law, we can expect ordinary citizens to do so as well day-to-day, albeit in the very different context of the court of public opinion. 20 santa clara law | fall/winter 2013

The four categories and 12 tools are explained in the book in the following sequence: A. Focusing on the task 1. Defining the issue 2. Separating facts from standards and evaluations B. Taking an organized approach 1. Respecting procedure 2. Taking time C. Finding reliable information 1. Gathering the facts 2. Recognizing incomplete facts 3. Dividing labor 4. Using expertise 5. Identifying bias D. Keeping an open mind 1. Arguing and persuading 2. Listening and negotiating 3. Making hard choices in gray areas Although it might not be universally agreed that all of these methods are components of thinking like a lawyer, I have no doubt that many of them are. In the book, I first try to explain the significance of each one within the legal system before attempting to extrapolate from them in the conclusion. Realizing that this extrapolation may seem quite abstract—even fanciful or naïve to some readers—I tried to buttress the effort by suggesting how various tools could be applied to specific, controversial public issues. I focused special attention on gun control and climate change, but also included same-sex marriage, teen pregnancy, the death penalty, legislative term limits, and others. Although I did not firmly say so in the book, and did not suggest any ranking of the law’s methods, I believe that some of the tools and traditions are more valuable than others for adaptation to broader public arenas. The flavor of such emphases may be reflected in statements such as the following, from the section on the “Keeping an open mind” category: Just as the legal system operates at its best when the people working within it are receptive to new and differing aspects of the problems before them, so too is the ordinary individual best prepared to be a responsible contributor to public discourse when she embraces that approach. The law’s tools most directly designed to assist in this way focus on arguing and persuading, listening and negotiating, and making hard choices in gray areas. Obfuscation through uncivil disputation is of no benefit to anyone, except a speaker or media outlet that seeks to draw more attention to itself. Citizens who hear such speakers should be prepared to distinguish


Kenneth Manaster (right) is the Presidential Professor of Ethics and the Common Good at SCU. A respected scholar of environmental law, he joined the Santa Clara Law faculty in 1972. He is the author of seven books as well as many articles on a variety of legal issues. k e it h s utte r

argument addressed to the merits from argument addressed to peripheral considerations such as publicity for its own sake or the venting of personal hostility. The former type of argument can help us learn more about what is really at stake, while the latter does not. If citizens ... could remind themselves that their positions on public issues involve choices, and that other positions usually express different but not necessarily irrational or irresponsible choices, the quality and civility of public dialogue could be substantially enhanced. Disagreement on issues could be more readily accepted as normal and productive, just as it is in the law. If citizens develop a stronger grasp of the hard choices public issues present, the issues will not magically become less complex and the flood of information will not be reduced. Nonetheless, the individual’s competency in understanding the issues may be improved. Furthermore, her level of trust and respect for those with whom she disagrees may be raised. She may be more inclined to listen to them, learn from them, and develop her own views in a more informed manner.

Will it Help? As the book is new, I wonder—as any author would— whether it will be received positively or negatively or simply ignored. At a minimum, I hope that some professors in undergraduate courses in American government, or other subjects focusing on civic responsibilities, will pay it some attention and have their students work with it. I do not really expect the book to be used in law school courses, although I would like to think that my taxonomy of the law’s key tools and traditions could be helpful to law students, as well as to lawyers generally.

One More Question Finally, one more question deserves brief mention here, though it is not raised in the book: Is there any reason to believe that lawyers themselves, being familiar with the law’s methods of arriving at conclusions, already do a better job in developing their opinions on public issues? Although the difference may not be great between how lawyers function as citizens and how nonlawyers discharge their civic duty, I suspect that at least some of the methods identified in the book are so deeply engrained in most lawyers that they cannot help but take a more careful, open-minded approach to hot-button topics in the public arena. I certainly hope so.

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By V i c ki Hue b n er , A ssis ta n t D ea n , L aw Career S ervi c es , S a n ta Clara L aw

in the Legal Industry Disruptive business practices or smart business?

A

s a career counselor and adviser, I need to closely observe the legal industry to provide job seekers with accurate advice regarding career options. Prior to 2008, my advice was fairly standard. If a job seeker came into my office and expressed an interest in doing corporate legal work, I pulled out a chart that was published in The Daily Journal of the 250 largest law firms and discussed how they might find a job with one of those organizations. Of course, the counseling session described above is an oversimplification—actual career counseling sessions are a more involved discussion of the job seeker’s interests and experience in light of viable career opportunities. However, my intent is to highlight that the structure of the legal industry presented job seekers with primarily two options to perform corporate legal work: as in-house counsel for a corporation or as a lawyer at a law firm to which the corporation had outsourced a vast array of its legal work. There was little discussion of other types of legal service providers or the impact that technology might have on the delivery of legal services. This is not to say that prior to 2008, offshore outsourcing of some legal functions did not exist or that technology was not being implemented and developed to perform more routine legal work. However, the legal industry was slow in adopting these solutions. When the 2008 recession occurred, general counsels had their legal budgets cut. They needed to find alternatives to continue to provide their corporate clients with necessary services at a lower cost. The recession did not create the changes that

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are now occurring to the structure of the legal industry; it simply accelerated the pace of change. The consumer of legal services was forced to ask whether all legal work was the same or whether there was a stratification of services with some complex work justifying top-tier rates and other work being commoditized, justifying a lower fee. In the October 2013 Harvard Business Review article, “Consulting on the Cusp of Disruption,” by Clayton M. Christensen, Dina Wang, and Derek van Bever, the authors cite the following statistics: An AdvanceLaw survey of general counsel found that 52% agree (and only 28% disagree) with the statement that general counsel “will make greater use of temporary contract attorneys,” and 79% agree that ���unbundling of legal services ... will rise.” The legal management consultancy Altman Weil, surveying law firm managing partners and chairs, found that in 2009 only 42% expected to see more price competition, whereas by 2012 that number had climbed to 92%. Similarly, in 2009 less than 30% thought fewer equity partners and more nonhourly billing were permanent trends; in 2012 their numbers had reached 68% and 80%, respectively. According to Christensen, “Adaptation requires innovation, and any company that gets comfortable doing things the way they’ve always done them should enjoy what little time they have left.” In response to these trends, Santa Clara Law graduates are among those leading innovations in legal services.


P H O T O CRE DI T

Ralph Pais ’75 Partner and Chair of the Technology Transactions Practice at Fenwick & West LLP, and co-founder of FLEX by Fenwick

T

he FLEX program originated from Ralph Pais’ observation that clients eventually reach a point where it no longer makes financial sense for traditional law firms to do “run-the-company” legal work. Companies then seek “cheaper resources,” he says, but finding quality attorneys can be difficult, time-consuming and, sometimes, more expensive in the long run. FLEX is the first consulting service started by an AmLaw 200 firm that addresses fast-growing clients’ need for cost-effective, high-quality, and flexible in-house legal support. Pais developed the FLEX program to make things easier for clients when they are ready to consider other options. FLEX’s internal team consults with clients, assesses their legal needs, and hand-selects attorneys based on the required skills, experience level, and company culture fit. FLEX clients engage attorneys at levels that match their legal workload, generally at a 50–75 percent costsavings when compared to a traditional law firm. The results are happier clients that continue their relationship with the firm, empowered attorneys with access to flexible opportunities to work with premier clients, and a law firm that’s finding ways to innovate so everyone wins.

FLEX’s internal team consults with clients, assesses their legal needs, and hand-selects attorneys based on the required skills, experience level, and company culture fit.

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Matthew Faustman ’09 J.D./MBA Co-Founder & CEO at UpCounsel, Inc.

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P HOT O CRE DI T

M

atthew Faustman is no stranger to the world of start ups. While he attended law school, Faustman founded a company to help make student notes widely accessible and reduce reliance on expensive hardbound textbooks. After graduation, he started practice as an associate at Latham and Watkins LLP. In a recent interview with Bloomberg Law, Faustman, CEO of new company UpCounsel, stated that he and his co-founder “had a passion for helping entrepreneurs and small businesses.” Through UpCounsel they hope to make the legal marketplace more transparent and reduce the costs to access legal services for small business clients. Faustman describes UpCounsel as the fastest growing online legal solution for businesses. The company leverages powerful technology to make the process of finding and managing legal services an efficient experience for both businesses and attorneys. By combining price transparency, reviews, and online tools, the UpCounsel platform allows businesses to tap into a diverse and talented legal workforce. Faustman believes that the legal industry will change dramatically over the next 5–10 years, such that accessing and delivering legal services will become increasingly frictionless. The result will be a dramatic shift in firm structures, hiring, and legal education.

By combining price transparency, reviews, and online tools, the UpCounsel platform allows businesses to tap into a diverse and talented legal workforce.


P H O T O CRE D I T

With the Axiom model, in-house clients receive premium legal services without premium rates, and an opportunity to manifest the transformation taking place in the legal industry.

Akshay Verma ’06 Practice Management at Axiom Law

A

fter law school, Akshay Verma practiced law for more than six years as a litigator focusing on environmental and sustainability law issues for two large law firms, Pillsbury Winthrop and Farella Braun + Martel. He decided to leave traditional law practice in 2012 and take up a business role with an innovator in the legal industry, Axiom Law. Axiom, started in 2000, was the first true alternative to the high-cost, low-efficiency model of the large law firm. Axiom’s business model dispenses with the high costs of legal services driven by per-partner profits and other law firm rate premiums, and now Axiom services the in-house departments of half of the Global 100 with top-notch talent. Verma describes Axiom as the perfect win-win scenario for what he calls “the broken legal exchange.” With the Axiom model, in-house clients receive premium legal services without premium rates, and an opportunity to manifest the transformation taking place in the legal industry. Axiom allows attorneys the opportunity to work outside billablehour pressures and have true choice over their work and careers. “Axiom provides me with an opportunity to be a part of that legal exchange, helping general counsel run their legal departments, and thinking through and, hopefully, solving some of the most complex business and process issues that arise,” Verma explained. Verma says he believes that the legal industry is at a crossroads. In the next decade, and possibly before that, there will be a fundamental change in the way legal services are delivered to clients. How companies like Axiom fit into the bigger picture is yet to be determined, but the change itself is inevitable.

The Effect of the New Face of the Legal Profession on Job Seekers

I

f the effect of innovation on the manufacturing industry is a predictive of things to come, then the legal industry and law students should be aware that the method by which services are being delivered is changing. The effects of innovation on the legal industry are so important that the Law Career Services office will hold workshops in spring semester focusing on “new model” law practices and their effect on the legal industry for job seekers. As a career adviser, I can no longer deliver the more simple set of job options I did six or seven years ago. Instead, my career advising sessions must focus on opportunities as they currently exist with some forecasting of future possibilities. You never know, I might be counseling the future founder of the next innovative legal services organization.

—Vicki Huebner has extensive experience working with job seekers and employers to guide them through the recruiting process. A member of the Santa Clara Law Career Services team since 2006, she holds several leadership positions in local recruiting associations as well as in the National Association for Law Placement, the association for legal career professionals.

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2013 Law Reunion

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2

3

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Nostalgia was in the air as more than 300 alumni and guests returned to campus to celebrate Law Reunion Weekend 2013. Alumni traveled from across the country, and one came all the way from Taiwan. Graduates from the class years ending in 3 and 8 were excited to visit with their classmates, reconnect with former professors, and see the many changes to the Santa Clara University campus.  

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During the weekend, the Law School honored the legacy and service of Mary B. Emery ’63 with a beautiful portrait unveiling and reception on what would have been her 50-year reunion (photo 5). At other events, Professors Kyle Graham and Brian Love provided legal perspectives in the areas of criminal and patent law, and Stanford law graduate David Mann presented a remarkable substance abuse talk (for Continuing Legal Education) entitled, “The Other Bar.”    

2013 REUNION BY THE NUMBERS

Number of alumni and guests who attended the reunion.

Number of states from which attendees came.

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6,500

Approximate number of miles travelled by Huei-Yu “Jenny” Shyu ’93, who attended the reunion from Taipei, Taiwan, and was the alum who traveled the farthest for the event.

Amount raised by this year’s 10 reunion classes.


Weekend

By S usa n M o o re , B . S . ’86 p h oto s b y n a n c y mart i n

5 1. The Honorable Gabriel A. Gutierrez ’60, J.D. ’64 and The Honorable Leon E. Panetta ’60, J.D. ’63. 2. Michele De Cristoforo ’93, Lisa (Massingham) Duke ’93, Anthony De Cristoforo ’93, and Kathryn Ross ’93. 3. Simao Avila ’83, Patti White ’78, and Ted Hannig ’83, MBA ’84. 4. The Honorable Robert B. Yonts Jr. ’63, J.D. ’68 and Dean Lisa Kloppenberg with a check from the 10 reunion classes for $472,919.

Saturday evening festivities were underway as alumni warmly welcomed new Dean Lisa Kloppenberg. Alumni board member and reunion co-chair, The Honorable Robert B. Yonts Jr. ’63, J.D. ’68, presented a surprise check from the 10 reunion classes in the amount of $472,919 (photo 4). He also announced the Class of 1973 as the winner of the participation challenge among the reunion classes.   

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Number of alumni from the Class of 1963, including Leon Panetta, who returned to celebrate their 50-year reunion. One graduate, The Honorable Melvin K. Soong, returned from Hawaii for the first time in 50 years.

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5. Jim Sullivan ’55, J.D. ’63; Anthony Da Vigo ’63; Dean Lisa Kloppenberg; George Shannon ’59, J.D. ’63; The Honorable Melvin K. Soong ’63; The Honorable Leon E. Panetta ’60, J.D. ’63; Bob Owens ’57, J.D. ’63; Nick Livak ’59, J.D. ’63; The Honorable Thomas M. Smith ’61, J.D. ’63; University President Michael E. Engh, S.J.; Jeremiah Scott ’63; Jack Arancio ’55, J.D. ’63; The Honorable Thomas P. Breen ’57, J.D. ’63; Sam Lavorato ’59, J.D. ’63; The Honorable Gabriel A. Gutierrez ’60, J.D. ’64; Anthony Varni ’61, J.D. ’63; Ed Schwartz ’63; and Ed Allen ’58, J.D. ’63.

Also on Saturday, one of Santa Clara Law’s most notable alumni, The Honorable Leon E. Panetta ’60, J.D. ’63, returned to celebrate his 50-year reunion and addressed the audience in Mayer Theatre. Introduced by University President Michael E. Engh, S.J., Panetta expressed his personal thanks for the law education he received. He shared stories, spoke of the Jesuit influence as well as the state of the world and reminded the audience to “make every day count.”

Percentage of the Class of 1973 who made a reunion gift. Professor Bob Peterson offered a challenge: he promised to give $5,000 if the Class of 1973 reached 40 percent participation, which was the greatest participation rate of any reunion class this year.

SAVE THE DATE FOR 2014 REUNION! Does your class year end in 4 or 9? Mark your calendar now for your next law reunion: September 6–7, 2014. If you are interested in serving on your reunion committee, please contact Susan Moore in the Law Alumni Office: 408-551-1763 or samoore@scu.edu.

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HON O R R O L L O F D O N O R S

Donors Help Santa Clara Law Educate Future Lawyers Who Lead Our mission of educating lawyers who lead remains strong because of generous contributions from alumni, friends, law firms, foundations, companies, and members of the Santa Clara Law community. Your financial support helps to provide the resources needed to sustain the Law School’s most critical programs and to launch new initiatives that better prepare our students for future challenges in law, business, and public policy and service. Thank you to all of our donors for your continuing support of our students and faculty through gifts to the Law Strategic Initiatives Fund, to endowed scholarships, and to our centers, clinics, and other academic programs. We gratefully acknowledge the following donors who made gifts to the Law School during the past fiscal year (July 1, 2012 through June 30, 2013). We apologize for any errors or omissions and request that any corrections be sent to lawalumni@scu.edu, or contact the Law Alumni Office at 408-551-1748.

The Dean’s Circle The Dean’s Circle honors our alumni and friends who demonstrate their commitment to Santa Clara Law by contributing $1,000 or more annually. Dean’s Circle Associate Members will be honored for their annual contributions at the following levels: Dean’s Circle Associates* Classes 2004–2008: $500 or more Classes 2009–2012: $250 or more Class of 2013: $50 or more

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$100,000 and higher

$10,000 – $24,999

Aho v. AmeriCredit Financial Services II Settlement Fund Michael and Jeanette Bidart Bidart Family Trust Blakely, Sokoloff, Taylor & Zafman LLP Alan and Lauren Dachs Ricardo Echeverria ’93L The Mary Emery Living Trust William and Inez Mabie Family Foundation Ron Malone ’71L and Sara Malone Niall McCarthy ’92L and Yvonne Berube McCarthy

James Anderson Anonymous Bank of America Corporation George and Danielle Boutros Charles Schwab Corporation Cooley LLP Davis Polk & Wardwell Dennis DeBroeck and Nancy Heinen Fenwick & West, LLP Patrick Gibbs ’91U and Sarah Gibbs Rich Gluck ’90L and the Honorable Barbara Major Ken Goldman and Sue Valeriote Philip Gregory ’80B, ’80L Omar Habbas ’85L and Rio Habbas Jill Hanau ’81L Hanau Family Foundation Heritage Education, Inc. The Honorable Edward Infante and Sharon Lennox Infante Mike Isaacs ’81L and Dawn Isaacs John Keker Keker & Van Nest, LLP Richard and Kathryn Kimball Law Office of Gregory J. Kuvkendall, P.C. Aric Ledford ’02L and Julie Ledford ’03L Don Listwin Listwin Family Foundation Molly Long ’79U, ’82L, ’85B and Dave Grunbaum Manatt, Phelps & Phillips, LLP McDermott, Will & Emery Stan McKee National Association of Criminal Defense Lawyers Oakland Athletics Baseball Co. Orrick, Herrington, Sutcliffe Foundation The Honorable Edward A. Panelli ’53U, ’55L, ’86H and Lorna Panelli Mark and Ali Pincus Nikki Pope ’04L Patrick Premo ’89U, ’96L and Kimberly Premo ’89U Rackspace, Ltd. San Francisco 49ers San Jose Sharks Schwegman, Lundberg & Woessner. P.A. Leonard Shustek and Donna Dubinsky Soto vs. Chase Home Finance Avram Tucker and Dianne Bostick U.S. Trust Corporation Wendell and Eddi Van Auken

$50,000 – $99,999 Mary Alexander ’83L, ’03H and Skip Faulkner David Carey ’81L, ’82B and Kathy Carey A.M. Dachs Foundation Dorian Daley ’86L and Michael Krautkramer Garcia v. Oracle Wage and Hour Settlement Laural Foundation Thomas Lavelle ’76L and Janet Lavelle Casey McGlynn ’75U, ’78L and Kathy McGlynn Frank Nguyen ’94L and Van Nguyen Frank and Denise Quattrone Frank and Denise Quattrone Foundation Silicon Valley Campaign for Legal Services

$25,000 – $49,999 Claim Center Distribution Account II Colleen Davies-Ronan ’83L and Joseph Ronan Adrian and Anne Dollard Fidelity Charitable Gift Fund Horace W. Goldsmith Foundation Kilpatrick Townsend & Stockton LLP Legacy Venture Paul “Chip” Lion ’82L and Mary Cunneen Lion ’81U, ’91B Qatalyst Partners Shearman & Sterling, LLP Silicon Valley Community Foundation The United Way of the Bay Area


Dan Warmenhoven ’07H and Charmaine Warmenhoven ’07H Edith Wildman

$5,000 – $9,999 Bonnie Addario American Trust & Savings Bank Fred and Marilyn Anderson The Angora Ridge Foundation Arnold & Porter, LLP Asset Management Company Bank of New York Mellon Bessemer Trust Company Bingham McCutchen LLP Mark Bonino ’76L and Dianne Bonino ’76U Burr Pilger Mayer, Inc. Capital Guardian Trust Company Carr, McClellan, Ingersoll, Thompson & Horn Cristina Castro Paul Cecconi Thomas DeFilipps and Ann Baskins Farella, Braun & Martel Financial Architects Partners First Republic Bank Mike and Mary Ellen Fox Paul and Barbara Gentzkow Girardi & Keese Fred Gonzalez ’71U, ’73B, ’77L and Leota Gonzalez Priyanka Goyal ’13E Habbas Nasseri & Associates Hagens Berman Sobol Shapiro LLP Hausfeld, LLP Ken Haussman John and Jami Hollway Hopkins & Carley, ALC Franklin and Catherine Johnson Paige Kaneb Tom Kaneb William and Jaynie Kind Paul Kranhold Peter LaBoskey ’76L and Vicki LaBoskey Thomas Lehrer Suruchi Mohan Morrison & Foerster Foundation Donald and Susan Polden John and Marlene Prendergast Karen Rudolph ’93L Gregory and Martha Ryan Sard Verbinnen & Co. Seiler, LLP Ajay Shah and Lata Krishnan Shah Shernoff Bidart Echeverria LLP Simpson Thacher & Bartlett LLP Louise Laraway Teal Foundation Rick and Diane Watters Wells Fargo & Company Peter and Gerri Wendel Wilson Sonsini Goodrich & Rosati Foundation Gordon Yamate ’80L and Deborah Shiba Zelle, Hofmann, Voelbel & Mason, LLP Elizabeth Zitrin Zitrin Foundation

$2,500 – $4,999 Abbott, Stringham & Lynch Bill Amon ’71U, ’74L and Kristine Amon Anonymous Marshall Anstandig Bank of the West Bay 101 Berliner Cohen Gerard Borrillo ’94U and Franceen Borrillo ’82U Boston Private Bank & Trust Company Dennis Brach Chevron Corporation Bill Clayton ’71U, ’74L and Rosanne Clayton ’71U Cathleen Colgan Crist, Biorn, Shepherd & Roskoph Catherine Curtin Michael Dachs ’08U, ’11L Deloitte Foundation Frank Doyle ’71U and Nancy Doyle Pete Dunbar ’82U and Rosanne Dunbar The Honorable James C. Emerson ’73L Ferrari, Ottoboni, Caputo & Wunderling, LLP Greg Finn ’79U, ’88B and Karen Finn ’80U Fremont Bank Michael Gencarella ’97L and Cassandra Gencarella The Honorable John W. Green ’73L The Honorable Ronald W. Hansen ’69U, ’72L and Kathryn Hansen Sharon Hartmann Mary Hood ’70U, ’75L and Michael Hood Indiegogo JAMS Dan Kelly ’69L and Carole Kelly Mitchell and Julie Kertzman Kenneth Korea Lawrence Kuechler Lewis & Roca LLP Ronnie and Karen Lott MBD Foundation McCurdy & Fuller LLP Microsoft Matching Gifts Program Gib and Susan Myers Natter Family Foundation Northern Trust Bank Northern Trust Corporation Chuck Packer ’80L, ’80B and Joan Packer Perkins Coie LLP John Prokey ’95U, ’99L Jim Quillinan ’74L Rams Bacher Prokey LLP RBC Wealth Management Tonia Riviello Samsung Corp. San Jose Mercury News Bob Schuchard ’77L and Alison Edwards Michael Shea ’83U, ’86L Shea & Shea, APC Technology Credit Union

Temmerman, Cilley & Kohlmann, LLP Thoits Law Tracy Auto Land LLC University of Houston Law Foundation WealthPlan

$1,000 – $2,499 William and Evangeline Abriel Jeffrey Acton ’98L Altshuler Berzon, LLP Jon Anderson and Dorothy Glancy Anonymous Anonymous Brian Augusta ’99L Al Auyeung ’90L and Edyth Auyeung Georgia Bacil ’79L Ned Barnholt ’05H and Jimi Barnholt Barulich Dugoni Law Group, Inc. Eric Bathen ’73L and Pat Bathen ’73U Nancy Battel ’85L, ’86B Eric Bellafronto ’92L and Maria Bellafronto ’92L Richard and Madé Berg Berger/Lewis Accountancy Corporation Robby Beyers ’00L and Elena Beyers Theodore Biagini ’62U, ’64L Thomas Biagini Biagini Properties, Inc. Michael Bien and Jane Kahn Sarah Birmingham ’96U, ’01L Frank Boitano ’69U, ’74B and Gayle Boitano Steve Boitano ’77U and Marie Boitano ’77U

Boitano, Sargent & Lilly, LLP Christopher Boscia ’08L and Kristin Boscia ’03U, ’08L Subroto Bose ’02L and Rina Bose Peter Boutin ’75L and Suzanne Boutin ’75L Aldo Branch ’85L and Diane Branch Peter Brewer ’79L Paul Bruno ’81L John Burton Burton for Board of Equalization, 2014 Peter Califano ’87L and Atsuko Califano Jack and Linda Callon Dick Caputo ’53U, ’56L and Janet Caputo John Carlton ’68U and Debbie Carlton ’69U Aileen Casanave The Honorable Darryl Y. Choy ’72L and Thalia Choy Helen Christakos Christopher E. Schumb, Attorney at Law Rodger Cole ’95L and Kathy Cole Community Foundation of Santa Cruz County Terry Conner ’76, ’79L and Jeanine Conner ’81U Consumer Law Center, Inc. Janet Corrigan ’90L and John Corrigan Peter Craigie’77U, ’81L and Conna McCarthy ’79U, ’82L Larry and Sonia Crume Jack Cummings Dick Cunha ’68U, ’73L and Sandra Kcayocca-Cunha Jil Dalesandro ’86L and Robert Danneskiold

Major Gift Pledge Commitments We gratefully acknowledge and thank the following donors who made a multi-year pledge commitment to the Law School of $25,000 or more during the last fiscal year (July 1, 2012 through June 30, 2013). Anonymous Alan and Lauren Dachs A.M. Dachs Foundation Joseph Ronan and Colleen Davies-Ronan ’83L The Honorable James C. Emerson ’73L Philip Gregory ’80L, ’80B Omar Habbas ’85L and Rio Habbas Laural Foundation Paul "Chip" Lion ’82L and Mary Cunneen Lion ’81U, ’91B Timothy Lundell ’75L and Penelope O'Neill William and Inez Mabie Family Foundation Ron Malone ’71L and Sara Malone Niall McCarthy ’92L and Yvonne Berube McCarthy Claude Perasso ’80U, ’84L, ’84B and Kathy Perasso Christopher Schumb ’84L and Jill Schumb David Blake and Carol Stratford ’95L

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HON O R R O L L O F D O N O R S Barbara Dalton The Honorable Raymond J. Davilla Jr. ’69U, ’72L and Mary Davilla John Dawson Dennis DeCuir ’67U, ’70L and Dianne DeCuir ’68U Kathleen Deibert ’87L Delucchi, Hawn & Co., LLP Margaret Dennis Susan Devencenzi ’83L Don and Barbara Dodson Pam Dougherty ’01L Norman Dreyfuss Walt Duflock ’92L and Lisa Duflock ’92L James Efting ’79L Connie Epperson-Lee Barbara Fargo Michelle Ferreira ’95L Fiduciary Trust Company International Donald Field Warren Finch Bob Finocchio ’73U and Susan Finocchio Robert Finocchio ’50U and Ginny Finocchio Sara Folchi ’00U The Honorable Robert M. Foley ’65U, ’68L and Dr. Tina Foley Foley & Lardner LLP Nora Frimann ’79L Steve Gaddis ’73L and Susan Gaddis ’72U Bill Galliani ’90L and Carolyn Galliani Michael Giomi ’76U, ’81B, ’81L and Rita Giomi ’82L Bill Glennon ’66L and Sue Glennon Irvin Gomez and Joanne Simkins Mercy Grieco The Honorable Adrienne M. Grover ’90L Bob Gundert ’82L Bill Haggerty ’77L Mike Hakeem ’72L Russ and Deborah Hall Al Hammond and Linda Darling-Hammond Hayes Scott Bonino Ellingson McLay, LLP Robert and Jonnie Herring Randy Hess ’79L and Virginia Hess ’79L, ’80B The Honorable Bret D. Hillman ’85L and Tamara Hillman Hogan Lovells US LLP The Honorable Jeffrey P. Holl ’80B, ’80L Lisa Honig John and Valerie Hopkins Colleen and Stephen Hudgens John and Karin Jelavich Paula Holm Jensen ’94L Jesuit Community at SCU Michael and DeeAnn Jones Rebecca Jones ’83U, ’87L Joseph J. Albanese, Inc. Thomas Kanaley Marylou Karp ’83L and Ken Karp

Bob Katz ’78L and Leola Lapides ’78L Kurt Kawafuchi ’83B, ’84L Steven Kazan Kazan, McClain, Lyons, Greenwood & Harley Al Knorp ’60L and Sally Knorp Elise Kroeber Kurt J. Seibert, Attorney at Law La Raza Lawyers Association of Santa Clara County Richard and Saundra Lambie Law & Mediation Offices of Jil Dalesandro Law Offices of Eric Bathen Law Offices of Christopher Morales Mark Leno The Honorable Mary J. Levinger ’73L LexisNexis Ogden Lilly ’70U, ’73B and Rose Lilly Littler Mendelson, PC Littler Mendelson Foundation, Inc. David Lively ’78L and Patricia Lively ’77L Evet Loewen ’79L Michael Lonich Leslie Lopez ’87L Scott Macey ’75L and Linda Macey Bonnie MacNaughton ’82L Mark Makiewicz ’90L, ’90B Jim Martin ’78L and Jennifer Martin The Page and Otto Marx Jr. Foundation Dennis McBride ’80B and Lori McBride Mary McCurdy ’81U, ’84L and Kevin McCurdy Robert McIntosh Susan McNish ’81L Charles Merriam George Meyer ’90L Paul Miller ’77L and Corine Miller Christopher Morales ’90L and Diane DuBois Deborah Moss-West ’94L and Terrance West The Honorable Jerome S. Nadler ’77L and Judith Nadler New York Life Gertrud Niehans North Point Trust Company, LLC Northwestern University Robert Nuddleman ’97L and Lydia Carlsgaard ’97L Jon Nygaard ’78L and Maxine Nygaard Clyde Ogata ’92L Karen O’Kasey ’86L Pat O’Laughlin ’73L Peggy O’Laughlin ’85L Tony Oliver ’51U, ’53L Oracle Corporation Ralph Pais ’75L and Gayl Huston Clifford Pearson The Honorable Philip H. Pennypacker ’72L and Jean Pennypacker Howard Peters ’78L and Sally Peters Brian and Kristen Peters

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Robert and Bonnie Peterson Andrew Pierce and Margalynne Armstrong George Pifer ’68L and Helen Pifer Robert Pinsker ’95L Art Plank ’76L and Marisela Plank Jay Poindexter ’72L Positive Coaching Alliance Public Interest Investigations, Inc. QF Trust Alla Revupsky Cookie Ridolfi and Linda Starr Leonard and Pearl Rosenthal Srinoi Rousseau ’83L, ’83B and Philip Jimenez Tim Schmal ’82L and Judy Schmal Tom Schneck ’61U, ’71L and Patricia Schneck Stephen C. & Patricia A. Schott Foundation Christopher Schumb ’84L and Jill Schumb Stephen Schwarz General Scruggs ’80L Kurt Seibert ’79U, ’84L and Beth Seibert ’80, ’83B Mike Shea ’59U, ’65L and Phyllis Shea David Silbert Ruth Silver-Taube ’93L Silver & Taube Law Offices Steve Siner ’72L and Laura Siner Skadden, Arps, Slate, Meagher & Flom Francis R. Smith, S.J. ’56U, 70J The Honorable Thomas M. Smith ’61U, ’63L and Judith Smith Chryssoula Soulioti South Dakota Trust Company, LLC Bill Spruance ’68L and Florence Spruance Emmett Stanton ’78L and Marion Stanton ’78L The Honorable James Stoelker ’71, ’74U and Joan Stoelker ’71U John Stoll Rodney Strickland ’92L William Sullivan ’67L Jack Sunday Ray Tabar ’80L and Donnell Tabar Cy Tabari ’87L, ’88B and Maureen Tabari ’84U, ’87L Kimberley Talbot-Pfeiler Rita Tautkus ’87B, ’92L Thompson Jones LLP Triplett Financial & Insurance Services, LLP Melissa C. Tronquet ’04L and Nicholas W. Steiner ’00U David Tsai ’06L Gerald and Martha Uelmen Sandra Urosevic Gregory Vaisberg ’05L and Marilyn Florero Paul Van Der Walde ’93L Van Der Walde & Associates Vanguard Charitable Endowed Program The Honorable Page H. Vernon ’81L and James Vernon

David Wah The Honorable Hugh A. Walker ’69U, ’72L Robert Wall ’77L Weber and Company, Inc. Dan Weltin ’03L Philip Weltin Weltin Law Office, LLC Patricia White ’78L and Ed White Stephanie Wildman Wilson Sonsini Goodrich & Rosati Womble, Carlyle, Sandridge & Rice LLP Bonnie Wright ’84U, 07L Xerox Corporation Patrick Yam ’75B and Christine Yam The Honorable Robert B. Yonts Jr. ’63U, ’68L and Bjorg Yonts Serena Yuen Vanessa Zecher ’84U, ’87L

$500 – $999 Kyong Ahn ’85L and Hyo Ahn America’s Charities Emily Andrews ’07L Anonymous Cristina Arguedas Allen and Michele Asch Robert Bacon Matthew Bahr ’94L Baker Botts LLP Ballard Spahr, LLP Barbara Banoff ’73L Frederick and Kathryn Baron Kathryn Beck Kevin Bedolla ’73U, ’76L and Deborah Bedolla Michelle Belanger Bernstein Investment Research & Management The Honorable Franklin E. Bondonno Jr. ’70L Beth Bonora The Honorable Joan S. Brennan ’73L Carolyn Brenner Hilton Brown Christie Brush ’05L Kathryn Bruzzone Rick and Ginny Bruzzone Jonathan Buckheit The Honorable Thomas W. Cain ’70U, ’73L and Terri Cain Dirk Calcoen Law Offices of Carpenter & Mayfield Neil Chalasani Dirk and Colleen Chien Jamie Chung Camilla Cochran ’74U, ’83L and Dan Cochran ’74U The Honorable Paul C. Cole ’74L and Linda Cole Fred Colman and Julie Pearl Amber Crothall ’94U, ’03L and George Crothall ’94U Melissa Davidson ’96L Simone Davis Jeanine DeBacker ’95L


Steven McNeal David Medlin ’77L Jason Mendelson ’08L, ’09B and Megan Rible-Mendelson Heike Merz Courtney Minick ’06L and Brandon Long Morgan, Lewis & Bockius LLP Morrison & Foerster LLP Dan Mount ’74U, ’77B, ’77L and Barbara Mount ’95P Daniel Myers ’95L Jamie Nash John Orr ’73L and Stephanie Orr Jacob Orth Perpetual Pepperoni Incorporation The Steve Perry Foundation Robert Peterson ’69L Rolanda Pierre-Dixon ’80L and James A. Dixon The Honorable Rise R. Pichon ’73U, ’76L Mack and Jeanne Player Cheryl Poncini ’75L Janet Potts ’78L and Alan Coffey Ted Reich ’78U, ’82L and Wendy Reich Robert Reidy Lisa Roberts ’88L and Ernest Roberts Charles and Susan Rothschild Richard Ruben ’80B, ’80L and Betty Ruben ’79U Ed Rudloff ’72L and Pam Rudloff Danette Rugg Rust Consulting, Inc. Sacramento Region Community Foundation Sagacious Salami Incorporation David Sandino ’84L Hank Scherf John Schlosser ’80L and Mary Schlosser John and Mary Schmelzer The Honorable G. J. Scott Jr. ’75L and Ildiko Scott Dustin Seesemann ’14L Andrew Shaffer ’95L and Jennifer Shaffer Suzanne Shaw Basil Shiber ’89L and Jane Shiber Al Smith ’63L and Marie Smith The Honorable Jerome A. Smith ’58U, ’65L Jung-Sook Song ’06L Jennifer Sprinkles ’00L Allan and Margaret Steyer Steyer, Lowenthal, Boodrookas, Alvarev & Smith, LLP Paul and Helen Stone Donald and Linda Sue Strand Gene Studer ’77L and Nancy Studer The Honorable Kathryn A. Sure ’80L and Douglas P. O’Neal Ralph Swanson ’75L and Ann Swanson Steven Tam ’13L* Beverly Thomas Thomas Advocacy, Inc. Mary Tomlin

Scarlett Tucker ’13L* Bob Uemura ’80L and Arlene Uemura Jullia Urrea The Honorable Jesus Valencia Jr. ’82L and Irma Valencia ’91L Beth Van Schaack and Brent Lang Issac Vaughn ’84U and Maria Nash Vaughn ’86U Bart Volkmer ’02L and Lan Nguyen ’01U, ’04C John Wall ’84L and Susan Wall Tara Waterman ’15L Catherine Way ’93L The Wolfe Foundation William Woodward

$250 – $499 Bill Alexander ’85L and Suzanne Iturriria-Alexander David Almy Rhonda Andrew ’94L Anonymous Apple Inc. Ruth Ashford ’77L Asian Pacific American Bar Association of Silicon Valley Atlantic Trust Group Simao Avila ’83L Jennifer Babcock ’06L and Bob Babcock Chaya Baliga ’12L William Ball Ron and Julie Bannerman John and Susan Barisone Scott Barton ’92L and Cori Barton ’92L William Bassett ’70L Michael Bauernfeind ’72L and Laura Bauernfeind

Larry Bennett ’04L and Roberta Bennett Big Cheeks, LLC Alayne Bolster ’83B Roger Bonakdar ’07L Bonakdar Law Firm Brad Bosomworth ’87L and Monique Bosomworth ’84U Geoffrey Braun The Honorable Thomas P. Breen ’57U, ’63L and Karen Breen Devin Brown ’06L and Melissa Brown ’07L Frank Burriesci ’56l Patricia Cain Marco Campagna ’93U, ’06L and Julie Campagna Aaron Capron ’07L Gil Carrasco ’78L and Iryna Carrasco Matthew Cebrian ’01L Chen-Yao Chang ’95L Caroline Chen Jim Ciampa ’92L and Michele Ciampa Clarence Dyer & Cohen LLP Jane Clark The Honorable L. M. Clark ’80L and Karen Clark ’85U Frank and Laurel Conte John Conway ’90U, ’93L and Nadja Conway Tamira Cooper ’00L and Scott Cooper Covington & Burling LLP Jack Cruden ’74L Peter Cruz ’02L Leslie Daniels ’89L and Michael Logue Floyd Dickman and Linda Fox Steve and Audrey Dinger

nancy ma rtin

Michael Dehaemer ’99L Devcon Construction Inc. Leonard Distaso ’79L Rick Docker ’77B, ’77L Gregory Douglass ’77L Cathy Dreyfuss David Eaton ’08L and Janet Eaton Miles Ehrlich Jan Farrell ’95L and Juliana Farrell Mary Feldman ’00L Stuart Feldman Jeffrey Ferriell ’78L and Cheryl Hacker Gary Filizetti ’67U, ’69B and Julie Filizetti Michael Fleming The Fluor Foundation John Foderaro Brian Foster ’00U Dennis and Monica Fox Katrina Garibaldi ’04U, ’08L Jean Gill Marjory Goldberg ’89L Michael Goldstein Thomas Goldstein Google Inc. Tim Grant ’84L Donald Greenberg Harlan Grossman Bill Harmon ’88U, ’95B, ’95L and Cristy Harmon ’95L Birt Harvey Bob Heywood ’75L and Carolyn Heywood Richard Hluchan ’74L and Deborah Hluchan Mark Hyde ’74L and Victoria Hyde The Honorable Eugene M. Hyman ’77L Barry Karl Kaye, McLane, Bedarski & Litt, LLP The Kelly Family Trust Michael Kennedy ’68U, ’72L and Sheryl Kennedy Kenyon & Kenyon Bill Kershaw ’69U, ’72L and Janet Kershaw Tom Klein Kirsten Komoroske ’92L Silvio Krvaric ’00L and Sheara Krvaric ’00L Lateral Link Group, LLC Law Corp of Robert D. Peterson Law Office of Daniel Mash Law Office of J. Joseph Wall Jr. Chilton Lee ’73L and Nancy Lee The Honorable Ronald B. Leo ’77L Craig Lighty Estela Lopez Gilliam ’97L and Haywood Gilliam Justino Lopez Lou Losorelli ’79L Timothy Lundell ’75L and Penelope O’Neill John Lyons Orla MacLean John Manoogian ’74L and Judith Manoogian Linda Mar ’83L and Jerry Mar Dolores Martinez Daniel Mash Daniel Mayfield Beth McLellan ’79L

The Honorable Mary Jo Levinger ’73 and Randy Christison ’73. fall/winter 2013 | santa clara law 31


HO N OR R O L L O F D O N O RS James Dirks Albert and Carmen Dixon Richard Doctoroff John Domingue ’97L Ryan Donlon ’03L and Kelly Donlon ’05L John Doyle ’75U, ’78L and Mary Doyle ’79U Gregory and Laura Duchnak Ben Dupre ’03L The Honorable Robert D. Durham ’72 and Linda Durham Charles Dyke and Alison Tucher Employment Rights Attorneys Michael Farbstein ’78U, ’82L and Candy Farbstein Mary Beth Femmel Mary Lou Fenili ’77L Tom Ferrito ’68L and Pauline Ferrito John Finnick ’82L and Kathleen Hegen ’82L Richard Forsyth ’77L and Katherine Leonard ’79L Ahtossa Fullerton ’98B, ’98L and Rick Fullerton Lila Gee Global Impact The Honorable Robert A. Glusman ’76L and Marsha Ellesberg Joseph and Elizabeth Glynn Michael and Jo Golub Phillip and Barbara Gooding Michael Gray Roger Gray and Marian Johnson Gray David Gregorio Andrea Grieco ’09L Michael Groom ’70L Karen Guldan ’91U, ’97B, ’07L Ralph and Lyn Haber Robert Hales ’72L and Joan Hales Melinda Hall Brice Hamack ’13L* Wendy Hannum ’83L The Honorable Thomas P. Hansen ’67L and Kristeen Hansen George Harris Shawn Hartung ’97L The Honorable Larry E. Hayes ’80L Hiromi Higashi Gerald Hrycyszyn ’03L Thomas Hu ’10L Michael Hughes ’77L and Lisa Hughes Andrew Hull ’96L, ’97B and Veronica Hull ’91U, ’96L Jay Huntington ’81L and Diana Huntington Intel Foundation Invesco, Ltd. Mike Ioannou ’77U, ’80L and Sheila Ioannou ’90L Marilyn Jones ’92L William and Cynthia Keane Jonathan Kepecs and XinXin Guo Richard and Karen King The Honorable Peter H. Kirwan ’86L Carol Koenig ’71U, ’92L Mark Kruthers ’95L

Andy Kryder ’74U, ’77B, ’77L and Joselle Kryder Edward Kwok ’89L and Irene Kwok ’89B Teresa Lahaderne ’75U, ’82L and Paul Lahaderne Law Foundation of Silicon Valley Jim Lazarus ’74L and Ann Lazarus Kenneth Linhares ’77U, ’80L and Lori Linhares Margaret Lizaur Teresa Lord Gregory Lynch ’85L Ian and Lonnie MacGregor Ken Manaster Thomas Manuel ’07L Daniel and Lara Mathews Scott Maurer ’95L Mary McCann Michael and Madeline McClellan Steve McCray ’79L Laurence McEvoy ’66U, ’69L and Michele McEvoy ’66U Don McNeil ’57U and Therese McNeil Edward Mills ’76L Jeffrey Mitbo Patrick Miyaki ’92L and Edith Miyaki Sylvia Moir John and Elizabeth Moulds Mattia Murawski ’08L Gary Neustadter and Patty Rauch-Neustadter Dennis Nino ’73L Craig and Mary Noke Noke Charitable Foundation Thomas Nolan Kevin Padrick ’76U, ’79B, ’79L and Karen Padrick Gregory Paraskou and Marianne Minor Charles Perkins ’86L Frank Perretta ’86L and Jill Perretta John Picone ’96L and Maureen McCormick The Honorable Mark H. Pierce ’74L Nancy Pike Pizza My Heart, Inc. Andrei Popovici ’04L Marilyn Proffitt Anamile Quispe ’10U Julian Quispe and Ana Alvarado Mark Reedy Stephanie Rocha ’00U, ’09L Nora Romero Ropers, Majeski, Kohn & Bentley Rosies & Posies Downtown Florist Sue Rossler Gomez ’00L and William Gomez Matthew Rudy ’07L Kathleen Rydar The Honorable Gregory H. Saldivar ’74U, ’77L and Toni Saldivar James and Geraldine Sangiacomo Richard Schramm ’90L and Linda Holbrook Jeremiah Scott ’63L and Mary Scott Jed and Glendalee Scully Scott Seaman Mark Shepherd

32 santa clara law | fall/winter 2013

Patricia C. Shields Revocable Trust Silicon Valley Bar Association Gregory Simonian ’85L and Jeanne Simonian Garry Solmonson ’77L and Barbara Solmonson South Asian Bar Association of Northern California The Honorable Lisa J. Steingart ’81L Guy Stephenson ’77L and Kathy Stephenson Kevin Sullivan and Lynne Bentley Earle Sylva ’68U, ’81L The Honorable Drew C. Takaichi ’80L Jessica Talbot Bob Temmerman ’80L and Lisa Temmerman Janice Tilden ’84L Barry Weiss ’74L Whittier Trust Company Jack Williams ’65L and Kay Williams Denton Wilson ’80L and Ann Wilson ’82L Wilson & Wilson Shawn Wright ’95L Marc Zilversmit

INSPIRE 2013 – 2013 Class Gift Project Through the support of the Santa Clara Law Community, many Class of 2013 graduates became Dean's Circle Associates this year. For every graduating student that contributed $20.13 to the Law Strategic Initiatives Fund or area of choice at the Law School, challenge grants generated by faculty, staff, and alumni were used to help increase the student’s gift. Liya Arushanyan ’13L Amy Askin ’13L Grant Atkinson ’13L Hinmeng Au ’13L Anthony Blackburn ’13L Eric Blank ’13L Benjamin Broadmeadow ’13L Alice Chang ’13L Aubrey Chen ’13L Clara Chiu ’13L Jeremy Cleveland ’13L Lauren Corman ’13L Julia Daneman ’13L Alyssa Dang ’13L Justin Denton ’13L Deval Desai ’13L Christopher DeVry ’13L Angela Dib ’13L Caitlin Dwelley ’13L Emily Ellison ’13L Cassandra Francois ’13L Antonio Garza ’13L Lisa Gee ’13L Shilpa Girimaji ’13L Colin Glassey ’13L Wesley Helmholz ’13L Noelle Hirneise ’13L Scott Idiart ’13L

Shana Inspektor ’13L Shayla Jackson ’13L Samuel Jain ’13L Deepa Jandhyala ’13L Paige Jann ’13L Lauren Jones ’13L Rashmi Joshi ’13L Kathleen Keating ’13L Christine Knowles ’13L Anjali Kulkarni ’13L Kara Lacy ’13L Michael Leahy ’13L Christen Lee ’13L Erika Lin ’13L Victor Liu ’13L Wei Lu ’13L Brendean Luce ’13L Maneesh Mathur ’13L Drew Miller ’13L Allison Mizushima ’13L Sepideh Mousakhani ’13L Lizbeth Najera ’13L Andrea Nguyen ’13L Vyhanh Nguyen ’13L Luke Oakley ’13L Nick O’Brien-Kovari ’13L Kelly O’Donnell ’13L Michael O’Rourke ’13L Sneha Pathak ’13L Camille Perrine ’13L Daniel Perry ’13L Laurie Beth Pfannkoch ’13L Rajnish Prasad ’13L Kira Proehl ’13L Justin Otten Purucker ’13L Ningzi Qi ’13L Marie Rafanan ’13L Jennifer Ramirez ’13L Amanda Richey ’13L Madhuri Roy ’13L Adam Rust ’13L Matthew Salcido ’13L Sarah Sanders ’13L Candice Sarnevesht ’09U, ’13L Megan Sasaki ’13L Saunauz Shariati ’13L Grace Shem ’13L Isabella Shin ’13L Amanda Snyder ’13L Kyle St. James ’13L Jessica Tam ’13L Stacey Tam ’13L Neeta Thakur ’13L Ryan Thompson ’13L Samuel Treanor ’13L Maxim Tsotsorin ’13L Bernadette Valdellon ’13L Jacob Vigil ’13L Elizabeth Wan ’13L Ethan Weiss ’13L Michelle Weiss ’13L Katherine West ’13L Marc Wiesner ’06U, ’13L Kara Wilburn ’13L Linda Wu ’13L Ning Xie ’13L Shufang Yang ’13L Taylor Young ’13L Gabriella Ziccarelli ’13L Italics are used to indicate donors who are deceased.


C LA SS A C TI ON

From left, Chris Creech ’13, Taylor Young ’13, Andrea Shaheen ’01, Mark Punzalen ’06, Emily Andrews ’07, Pamela Glazner ’06, and Albert Harnois ’09 enjoyed each other’s company at the Fall Law Alumni Board Networking Event at the City Pub in Redwood City. e lle n ly nch

Alumni 1964 Don Eaton B.S. ’59 brought California Gov. Jerry Brown to SCU in October 2012 for a World Presidents’ Organization event regarding Brown’s goals for California.

1972 Daniel Selmi was

a recipient of a California Lawyer magazine’s Attorneys of the Year Award for 2013, for environmental law. He was on a team representing the South Coast Air Quality Management District, which defended its strict pollutionreduction paint-coating rule at the California Supreme Court. Peter Ventura is president of the Rotary Club of Clearlake, Calif. He worked in the wine industry for 30 years, retiring with his wife, Pinky, to Hidden Valley Lake in 2007.

1973 Clark “Gus” Guinan has retired after 39 years of practicing law, the last four years as the city attorney of Burlingame. He and his wife, Signe, live in Berkeley.

the Maui Chapter of the Sierra Club for his work. Bob Vogt was coproducer of BottleRock at Napa Expo in May, the biggest rock festival ever held in the Napa Valley.

1974 Julie Brooks was

1976 Curren Price is a

named one of the 100 “Women of Influence” by Silicon Valley Business Journal. As the executive VP, general counsel, chief compliance officer, and corporate secretary at Conceptus, Brooks oversees legal and compliance issues. Conceptus is a health care service company that focuses on women’s health. Brooks has been president and director of the Silicon Valley Association of General Counsel since 2010. Mark Hyde formed a nonprofit organization to challenge what was proposed to be the largest shopping center in Maui County, Hawaii, and prevailed before the Hawaii Land Use Commission in January 2013. He received the 2013 Malama Ka Aina award from

Los Angeles city councilman, representing a district that includes downtown Los Angeles. Previously, he served in the California State Senate and the California State Assembly. Lynne YatesCarter B.A. ’72 is a litigator and also serves as an expert witness on family law issues.

1977 Antonio Reyes

has been appointed to be a judge on the Tulare County Superior Court by Gov. Jerry Brown. Previously, Reyes was an attorney in private practice since 1990. He was a partner at Duarte and Reyes from 1985 to 1990, at Orduno and Reyes from 1983 to 1984, and at Valdez Silva Orduno Candelaria and Reyes in 1983. Reyes was

an attorney at Nunez Silva and Orduno from 1982 to 1983, and was at the Legal Services Program for San Gabriel Valley from 1978 to 1982. Reyes fills a seat vacated by the retirement of Judge Gerald F. Sevier ’71.

1978 Steve Bennett has

joined the Portland, Ore., law firm Farleigh Wada Witt (FWW). He was a partner of the Portland law firm Powers, McCulloch & Bennett, LLP, which merged with FWW in January. He continues to focus in the areas of business and estate planning. Mario Cordero is the chairman of the nation’s most powerful maritime governing body, the Federal Maritime Commission, after being appointed by President Barack Obama in April. A former Long Beach harbor commissioner, Cordero has practiced law for 30 years, including as a workers’ compensation defense attorney. He was on the Long Beach Board of Harbor Com-

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CL A S S A CT ION

missioners prior to joining the federal commission in 2011. Jeff Ferriell is director of Capital University Law School’s Academic Support Program in Ohio, and also teaches contracts, bankruptcy, and commercial law. The third edition of his law school hornbook, Understanding Bankruptcy (with coauthor Ted Janger), was published by LexisNexis. He is working on the third edition of Understanding Contracts, and he continues to serve as Ohio’s representative to the National Conference of Commissioners on Uniform State Laws.

1981 Gordon Salisbury

received the distinguished service award from the Santa Cruz County Trial Lawyers Association. Salisbury, who

is retired, was three-time president of the trial lawyers organization. He previously was a partner at Page and Coben, where he had worked since 1982. Jeanine D. Tucker, B.S./B.A. ’78 is court executive officer for the Tuolumne County Superior Court. Tucker has worked for the Stanislaus County Superior Court since 1991. She served as the operations manager for eight years, managing a staff of about 140 employees.

1983 Robert G. Cruz

B.S. ’71 is legal counsel to the Chamorro Land Trust Commission and the Guam Department of Land Management. He also teaches business law for the University of Phoenix. A retired

Go Green and Save a Tree! Did you know that the complete magazine is available online? If you would like to help us reduce mailing expenses and save paper, you can stop receiving the print edition. Instead, we will send you an email when the online edition is ready to review. Online, you can flip through the issue just as you do with the print edition, and you can print articles or email the link to share articles with classmates or colleagues. Visit us at law.scu.edu/ sclaw to read our current issue and issues from the archive. Please contact us at lawalumni@scu.edu to be added to the Online Magazine list. Thanks!

34 santa clara law | fall/winter 2013

child support referee for the Superior Court of Guam, he serves as a part-time referee for the Traffic and Small Claims Bureau and as an associate justice pro tem for the Guam Supreme Court. He is a member of the combined Guam Cantate Choir and Ramapo Cantanova Choir and participated in a tour of Russia and Estonia. His son Jeffrey completed his residency in internal medicine at U.C. Irvine Medical Center, and son Keith is a senior at Stanford University.

1985 Jeffrey Rickard

joined Needham Kepner & Fish in San Jose in 2012 after many years at Alexander Hawes. Along with a colleague, he was awarded the Santa Clara County Trial Attorney of the Year Award in 2008 and again in 2011. He continues to handle personal injury, product liability, toxic tort, and other plaintiffs’ cases. He married Lynne Coates in 2011. His son, Ryan, is a senior at the University of San Diego. Assemblyman Bob Wieckowski has continued a Bay Area legislative tradition by sponsoring the There Ought to Be A Law contest, which invites constituents to submit ideas for new laws to improve the lives of their fellow citizens.

1986 Matthew C.

McGlynn B.A. ’83 is a judge on the Superior Court of Tehama County. Lori Pegg was appointed to be a Santa Clara County Superior Court Judge by Gov. Jerry Brown. Previously, she had been Acting Santa Clara County Counsel.

1988 Thomas M. Kim

MBA ’88 is president of the Global Turnaround Management Association.

1989 Thomas Watson

is city attorney for South Lake Tahoe. He is also city attorney of Mendota and Woodlake. He has been with his current firm, Fike, Boranian & Watson since 2002, and focuses on construction litigation. He has previously worked for the Fresno law firm of Kimble, MacMichael & Upton, and the Tulare County Counsel’s office. In addition, he served as LAFCO Counsel for Tulare County. In 2005, he was appointed as a judge pro tem for the Office of Administrative Services, a judicial arm of the State of California. He has taught classes about legal issues and processes in six countries and served as a judge for international legal competitions. He and his wife, Jennifer, have two children.

1990 Deb Kristensen

received the Idaho State Bar Professionalism Award for 2013. She was one of eight recipients. She is a partner at Givens Pursley in Boise and is a commercial litigator. She was state bar president in 2005.

1993 Keith Jordan B.S.

’89 is a senior strategic consultant/relationship manager at Real Benefits Group in Lake Oswego, Ore. Andrew Vu was honored by the National LGBT Association at the Out and Proud Corporate Counsel Award Reception. He is senior associate counsel for Walmart Global eCommerce.


1994 Kelly O’Brien

married R.J. Sebrasky on Feb. 4, 2012.

1995 Traci Lagasse has

been named a Super Lawyer in San Diego for the fifth time since 2009. Her firm is Andres Lagasse Branch and Bell, where she focuses on professional liability, toxic torts, and general litigation. The firm was named one of San Diego’s Best Places to Work in 2011 by the San Diego Business Journal.

1999 Richard Lucero

is Fremont’s chief of police. A 26-year veteran of the Fremont department, he has worked with several units, including SWAT, narcotics, street crimes, and internal affairs. He has served as commander of Fremont police’s two major departments: the Patrol Division and the Special Operations and Investigations Division. Alexander Nestor is a partner at Allen Matkins in San Francisco. He practices in the labor and employment group, where he represents technology and financial services companies. He handles litigation proceedings in court, in arbitration, and before administrative agencies on a broad range of employment matters, including discrimination, sexual harassment, retaliation, wrongful discharge, defamation, wage and hour, trade secret misappropriation, and unfair competition claims.

2000 Dori Rose Inda is

CEO at Salud Para La Gente, a Watsonville-based community organization. She was previously the founder and leader of the Watsonville Law Center.

ALUMNI PROFILE

Santa Clara Law Alum Is First Latino President of the State Bar of California

S

anta Clara Law alum Luis Rodriguez ’89, J.D. ’92, is the first Latino, the first public defender, and the first Santa Clara Law alum to be elected president of the State Bar of California, which regulates more than 243,000 attorneys in the state. The 46-year-old attorney was sworn in as the 89th president of the State Bar at its annual meeting in San Jose in October. He had previously been vice president of the State Bar, and ran unopposed for president. Born in Los Angeles to Mexican immigrant parents, Rodriguez moved with his family to Mexico as a child. When he was in his early teens, his family returned to Los Angeles. He was the first in his family to attend college, earning his undergraduate degree with honors from SCU, where he continued on to earn his J.D. Since 1994, he has been an attorney with the County Public Defender’s Office in Los Angeles, where he lives with his wife, Yolanda, and their two daughters. “I’m the first Latino [president] and that’s something to celebrate, especially in the state of California,” Rodriguez told the Los Angeles Daily News. “At the same time, it’s a stark reminder of how long it takes for certain groups to move up and become part of the leadership of the community,” he added. Rodriguez is a former president of the California La Raza Lawyers Association, the Mexican-American Bar Association, and the Latino Public Defenders Association. Rodriguez said that as president he planned to continue to focus on court funding, which has been cut by the Legislature in recent years. He said he will also focus on immigration and law school student debt. “Because of the obstacles that I faced and

Luis Rodriguez ’89, J.D. ’92

the support that I received from many, I have committed myself to being the voice for those who have no voice,” Rodriguez said in a release on the State Bar’s website. The statewide KQED public radio program, The California Report, interviewed Rodriguez in October. In the interview, Rodriguez said he was inspired to become a public defender because of his early experiences with law enforcement, some of which gave him a taste of discrimination. While a student at Santa Clara Law, he worked for the Santa Clara Public Defender's Office, where he was first exposed to public defense. In a recent email to Santa Clara Law, Rodriguez said one of his memories of Santa Clara Law was its diversity. “The student population was truly diverse even in 1989 to 1992, when diversity was not high on many institutions’ lists,” he said. “This diverse environment gave me the confidence that institutions could be changed to be more inclusive without fearing that quality was being compromised.”

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CL A S S A CT ION

ALUMNI 2013-2014 EVENTS CALENDAR

NOVEMBER 2013 13

San Jose Alumni Board Networking Event at Poor House Bistro

13

Piedmont Welcome the Dean, Alumni Reception

DECEMBER 2013 6

Santa Clara Solo Practitioner/Alumni Workshop Series

12

San Francisco Alumni Board–hosted Alumni Holiday Reception

JANUARY 2014 29 Santa Clara Alumni Workshop CLE & Reception 30 Visalia Alumni CLE Luncheon FEBRUARY 2014 27

Santa Clara Diversity Gala 10th Anniversary

MARCH 2014 4-7 Southern California Alumni Receptions 27 Redwood Shores NCIP Justice for All Awards Dinner, Hotel Sofitel APRIL 2014 5

San Jose Celebration of Achievement Alumni Awards Gala, The Fairmont Hotel

SEPTEMBER 2014 6-7 Santa Clara Law Reunion 2014 MAY 2015 Save the Date: May 4 Washington, D.C. U.S. Supreme Court Swearing-in Ceremony More events are in the works! Visit www.law.scu. edu/events for the latest information.

36 santa clara law | fall/winter 2013

2001 Maya Skubatch is a

partner at Wilson Sonsini Goodrich & Rosati in Palo Alto. She concentrates on patent prosecution, strategic patent counseling, investor- and company-side due diligence, and license agreements for clients in the life sciences, medical device, and cleanfuel industries.

2003 Steve Braccini

B.S. ’99 and his wife, Teresa, welcomed their son, Angelo Antonio, on March 20, 2012. The family resides in Willow Glen. Steve is a trust and estate litigator with Hopkins & Carley, in the firm’s San Jose and Palo Alto offices. Gina Policastri B.S. ’00 is a partner at Lonich & Patton in San Jose. She is certified by the State Bar of California Board of Legal Specialization as a Family Law Specialist. She and her husband have a daughter, Bianca, born in 2011. The family lives in Willow Glen.

2004 Jason Alderson

was part of the legal team at Kelley Drye & Warren that resolved the Contessa Premium Foods Chapter 11 bankruptcy case. Jacey Prupas B.S. ’01, an associate in the Reno office of Snell & Wilmer, has been appointed to the Nevada Board of Bar Examiners for a three-year term. She previously served as a Nevada Bar Exam Grader from 2006 to 2008. She focuses her practice in general commercial litigation, and she also has extensive experience with personal injury actions, both for plaintiffs and defendants. She is a member of the Northern Nevada Women’s Lawyer’s Association, for which she served as a board member from 2005 to 2011.

She has been recognized for several years as a Nevada Super Lawyers Rising Star.

2005 Nicole Aeschleman

has a family law practice in San Jose. She is a convert to Islam and has taken several cases assisting Muslims persecuted or discriminated against because of their religion. Kevin Collins works for General Felony trial team at the District Attorney’s Office in San Mateo County, where he specializes in cases involving small amounts of narcotics and is assigned to the Minor Vendor Unit. Previously, he spent five years prosecuting drunk-in-public and DUIs in San Mateo County. Konstantine Demiris and Christopher Moore ’06 have opened a law firm in Walnut Creek, called Demiris & Moore. They specialize in conservatorship and guardianship, estate planning, trust and probate litigation, elder abuse, and appeals. Both are court-appointed counsel for conservatorships in Contra Costa County. Timothy Reed and I-Lan Emily Lin welcomed their first child, Gavin Weixiang, on Sept. 9, 2012.

2006 Elia DeLuca B.S.

’02 was named a Rising Star in the Northern California Super Lawyers 2013 edition, which recognizes the top up-and-coming attorneys in the state. DeLuca practices labor and employment law in the San Francisco office of Sheppard, Mullin, Richter & Hampton. Eric Hutchins received the Barrister of the Year Award from the Santa Clara County Bar Association. David Tsai was named one of the Top Five Associates to Watch by the Daily


Journal. He was singled out for his intellectual property experience and his work in the Taipei office of Perkins Coie. He has also received the National Asian American Bar Association’s Best Under 40 Award.

2007 Teddy Patty and

Kalila (Spain) Patty are the parents of daughters Nailah Sarai, born on March 18, 2012, and Arielle, 3. The family resides in San Jose.

2008 Lukas Baldridge

is an associate with Cantor Colburn in Detroit, Mich. He focuses on the preparation and prosecution of patents for mechanical and electromechanical technologies. Previously, he worked at other law firms and as a patent examiner at the U.S. Patent and Trademark Office.

2009 Tae-Woong Koo

is president of the Korean American Bar Association of Northern California. Koo is an intellectual property attorney at Morgan, Lewis & Bockius, based in Palo Alto. Michael Stanker is the executive director of the Law Revision Commission of the Commonwealth of the Northern Mariana Islands (CNMI). Previously, he worked for the attorney general of CNMI.

2011 Aaron Dawson is

a sole practitioner in San Francisco. In a recent article in California Lawyer magazine on sole practitioners, Dawson said one of his mentors was Law School classmate Christopher A. Barnett ’10. Tariq Mojaddidi is an attorney for the Contra Costa County District Attorney’s Office.

2012 Rachael Brown

B.S. ’09 is an attorney at the San Jose office of Ropers Majeski Kohn & Bentley. She focuses on copyright claims and trademark infringement, trade secret litigation, and disputes involving contracts and unfair competition.

In Memoriam 1951 Gerald William

Shipsey, April 29, 2013. He was a third generation San Luis Obispo native. He was a veteran, serving in the Army from 1943 to 1946. Shipsey and his Law School classmate, John L. Seitz ’51, formed the law partnership of Shipsey and Seitz where Shipsey worked until his retirement in 1993. He served as the city attorney for Guadalupe and Arroyo Grande, and was legal counsel to the South County Sanitation District and the Oceano Community Service District. He served as president of the San Luis Obispo County Bar Association and was a member of the San Luis Obispo City Council during the 1960s. Survivors include a sister, three children, six grandchildren, and four greatgrandchildren.

1952 Stephen Gazzera

Jr., Jan. 24, 2013. Steve attended Saint Joan of Arc grade school and St. Ignatius High in San Francisco. He was the outstanding graduate of his law school class. He practiced law in Mountain View from 1954 until his death. Early in his career he also owned and operated Maison de le Liqueur in Mountain View and the El Dorado Cafe, the first upscale

cocktail lounge on Stevens Creek Boulevard in Cupertino. Survivors include his wife, Pat, three children and five grandchildren. Aurelius “Reo” Boykin Miles, May 27, 2013. He was the first African American to graduate from Santa Clara Law School. Captain Miles was a much-decorated World War II hero, losing his leg Aurelius Miles while in combat on the Italian front. He received the Purple Heart, Silver Star, and Bronze Star. He attended Stanford University, and later worked as a real estate broker in Chicago. He was a devoted member of The Church of The Good Shepard, a member of the Prairie Tennis Club, and a Founding Sponsor of the Martin Luther King Memorial. Survivors include a son and a sister.

1958 Timothy J.

Hanifin, Feb. 2, 2013. He grew up in Gustine, Calif., attended St. Mary’s College, and graduated from the University of Notre Dame in Indiana in 1953. Hanifin served as an Army Counter Intelligence Agent during the Korean War. He received the Outstanding Law School Graduate Award from Santa Clara Law in 1958. A trial lawyer specializing in insurance civil defense work, he was a partner with the San Jose law firm of Hanifin, Van Loucks, and Vaught, until he was appointed as a municipal court judge by Gov. Ronald Reagan in 1972. He served in this position for more than 20 years. Survivors include a sister and a brother.

1959 Gregory Jerome

Miller B.S. ’56, Oct. 17, 2012. He worked as an attorney in San Jose, before moving to Florida in 2004. Survivors include his wife, Maria, three children, four brothers, and 10 grandchildren.

1960 Elliott

Chielpegian B.S. ’57, Sept. 20, 2012. He served as a member of the Board of Fellows from 1973 to 1983 and as a member of the Law School Board of Visitors from 1997 until his passing. Elliott practiced law in Fresno for more than 50 years. In 1979, he started his own firm, the Law Offices of Elliott D. Chielpegian. Following in their father’s footsteps, his sons returned to Fresno to practice law with Elliott, and the name of the firm was changed to Chielpegian Law Offices. Survivors include his wife Agnes, sons Michael B.S. ’92 and Mark B.S. ’94, J.D. ’97, and four grandchildren.

Send us your news! Keep your fellow law alumni posted on what's happening. Email your news to lawalumni@scu.edu or send to Law Alumni Office Santa Clara University 500 El Camino Real Santa Clara, CA 95053

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CL A S S A CT ION

1962 Willys Peck, April

16, 2013. He was a wellknown local figure, a lifelong Saratoga resident who wrote about his town’s history. He was a World War II army veteran, and a 1949 graduate of the University of California, Berkeley. A journalist and copy editor at the San Jose Mercury News for 55 years, he was also a train buff and playwright. Survivors include his wife, Betty, two children, and two granddaughters.

1968 Fred “Freddie”

Domino B.A. ’61, Jan. 2, 2013. He worked as an attorney, and he loved golfing and taking trips to Italy. Survivors include his wife, Ruby, and a daughter.

1973 Edward P. Davis

Jr., July 19, 2013. A strong advocate for freedom of the press, he served for many years as the attorney for the San Jose Mercury News. He helped the newspaper battle local governments over access to public records and public meetings. He was a graduate of Blackford High School in San Jose and Stanford University. After law school, he clerked for U.S. District Judge Oliver Carter and then worked for the federal prosecutor’s office in San Francisco, where he served as a junior attorney on the Patty Hearst case. He worked for several law firms and ended his career as a partner with Orrick, Herrington & Sutcliffe. In recent years, he defended white collar clients charged with a variety of crimes—antitrust, money-laundering, export offenses, and tax fraud. While practicing at the Pillsbury law firm in San Jose, he taught a

Feb. 8, 2013. He practiced law in Humboldt County, originally as a public defender. In recent years, he supported the local Occupy Movement. A native of Detroit, Mich., his survivors include a sister.

nia. She was the executive director of the International Center for Disability Resources on the Internet, and a world-renowned advocate for the rights of persons with disabilities. Her work in the area of disability rights began as a student in the Law School, when she asked for and received in-class accommodations for her hearing loss. Upon graduation she was hired by SCU as a consultant on the Americans with Disability Act of 1990 and later became the first full-time ADA compliance officer for the city of San Jose. She became a leader in efforts to make the Internet more accessible. She worked on national and international efforts for accessible design in mainstream technology, including the United Nations Convention on the Rights of Persons with Disabilities. Survivors include her husband, Thomas, two daughters, a granddaughter, and two siblings.

1985 David J. Osborne,

1995 Joseph Patrick

1993 Katherine Pak, July 9, 2013. She was a partner at Miller Morton Caillat & Nevis in San Jose. Survivors include her husband Breck Milde ’85.

2006 Cindy Avitia, Aug.

media law class at Santa Clara Law with his colleague Judy Alexander ’84. Survivors include his wife, Sheryl, a son, and two grandchildren.

1982 Sharon Louise

Knopf J.D./MBA, Aug. 2, 2013. She was a graduate of Willow Glen High School and the University of California, Davis. She formed a law practice with Dale Sasaki, Sasaki & Knopf, in 1984. She served on the board of directors of the San Jose Quilt Museum and was a supporter of the Nature Conservancy and the National Trust for Historic Preservation. Survivors include her husband, Richard Johns, her father, and two siblings.

1983 Roger A. Parshall,

June 3, 2013. A Michigan native, he was a graduate of Michigan State University. While in law school, he helped found a university chapter of the National Lawyer’s Guild. He was a public defender and had lived in Redding since 1986.

1994 Cynthia D. Waddell,

April 3, 2013. She was a native of Long Beach and earned her undergraduate degree from the University of Southern Califor-

38 santa clara law | fall/winter 2013

Harris, Oct. 25, 2012. After college, he worked at Chez Panisse restaurant in Berkeley. After receiving his law degree, he became legal counsel for the Gensler architecture firm. He is survived by his wife, Theresa, three children, his parents, and five siblings.

22, 2013. She was an immigration attorney and served on the board of directors of Alpha Public Schools. She was a former congressional assistant in the San Jose office of Rep. Zoe Lofgren ’75. She earned her undergraduate degree from Stanford University. Avitia was a member of Santa Clara Law’s

Public Interest and Social Justice Alumni Leadership Council. Survivors include her husband, Jose Villarreal, and two children.

Luciana Manriquez

2014 Luciana “Luci”

Manriquez, June 25, 2013. The 29-year-old died in a traffic accident in Fremont. Luci had recently completed her second year at Santa Clara Law. She was a graduate of the University of California, Riverside. “She wanted to work for activist organizations to affect change,” Law School classmate Clare McKay told the Bay Area News Group. “For a small person, she had a huge personality. She could make anybody laugh, and she had her own style. She was very tough, but very kind.” While in Law School, Luci worked for the Northern California Innocence Project at Santa Clara and did an internship for Justice Now, as part of her commitment to work with inmates in women’s prisons. She was co-president of Law Students for Reproductive Justice and co-benefit chair of the Women and Law group.


IN MEMORIAM

Howard Anawalt (1938–2013) Howard Anawalt is considered by many to be the father of the nationally recognized intellectual property program at Santa Clara Law. He joined the School of Law in 1967 and specialized in constitutional law, torts, and intellectual property law. “Howard Anawalt was a great teacher and scholar at Santa Clara University’s Law School, and he was instrumental in forming and advancing the Law School’s highly acclaimed intellectual property law program,” says Professor Donald Polden, who served as dean from 2003–2013. “He exemplified the great teacherscholars in legal education, and he will be missed by his many friends from Santa Clara University.”

“Howard held a passion for teaching and a commitment to his profession, which resonated with generations of students in his decades of service to the Law School and the University community.” —SCU President Michael Engh, S.J. Anawalt earned his A.B. from Stanford University and his J.D. from Boalt Hall School of Law, U.C. Berkeley. He was admitted to practice in the states of California and Washington and in the Supreme Court. He served as a legislative intern and legal adviser, then deputy attorney general to the California Assembly Judiciary Committee. His law practice experience included criminal jury trials, Vietnam War draft and court-martial cases, labor injunction litigation, sex and race discrimination lawsuits, and involvement in high technology litigation and transaction practice. At Santa Clara Law he was a very involved member of the faculty and served in many leadership and advisory roles until his retirement in 2003. He was the inaugural director of Santa Clara Law’s International Institute,

s c u a r c h iv es

In a letter to the University community, President Michael Engh, S.J., wrote, “With his expertise in intellectual property law, he was one of the first faculty members to address in his teaching the legal questions arising out of the high tech industry ... Howard held a passion for teaching and a commitment to his profession, which resonated with generations of students in his decades of service to the Law School and the University community.”

now called the Center for Global Law and Policy, and he served as the first director of the Santa Clara University School of Law High Tech Advisory Board, first convened in 1990. He directed Santa Clara’s client counseling and national trial competitions, advised the Santa Clara Law Review, administered the Tokyo summer program, and served as adviser to the Santa Clara Law Computer & High Technology Law Journal. Among his many publications, two stand out as the most significant: Idea Rights: A Guide to Intellectual Property (Carolina Press) and IP Strategy: Complete Intellectual Property Planning, Access & Protection (West Group/ Thomson Reuters). Anawalt is survived by his wife, Sue, his son Brad and daughter-in-law Kirsten, his son Paul and daughter-in-law Valeria, his grandchildren Kathryn, Juliet, Gwyneth, Kevin, and Dillon, and his many students and colleagues.

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C LA S S A CT ION IN MEMORIAM

George J. Alexander served as dean of Santa Clara Law from 1970–85, a period during which the school expanded greatly in terms of enrollment, diversity, and key academic programs. Alexander’s firm vision for a global future, coupled with his passion for social justice and his commitment to adding female and minority students, led the Law School through a time of great change. “As professor, dean, and friend of Santa Clara, George embodied the University’s mission and values by combining a high regard for academic rigor with a personal commitment to making the world a better place,” said SCU President Michael Engh, S.J. “While we mourn George’s death, we also thank God for the gift of his life. The University community will miss his leadership, wisdom, and friendship.” Alexander earned his undergraduate degree from the University of Pennsylvania, his LL.B. from Pennsylvania Law School in 1959, and LL.M. and JSD. from Yale University Law School. Prior to joining Santa Clara Law in 1970, Alexander taught and served as assistant dean at Syracuse Law School in New York and also served as director of Regulations in Space, a Syracuse project. He was vice chairman of the board of the New York Civil Liberties Union, and served as a consultant to the U.S. Commission on Civil Rights from 1962–63. With a background in technology and civil liberties, Alexander was particularly well-equipped to lead the Law School through the social changes of the 1970s and into the high tech 1980s. Alexander recruited across the country with a focus on increasing enrollment of women and minorities—he sent personal letters to minority students who had taken the LSAT, encouraging them to apply. In addition, he recognized the increasing need for lawyers to be trained for a global understanding, and, in 1974, the Law School launched its first summer abroad program, which has blossomed into the largest program of its kind among law schools in the nation. While dean, Alexander taught at least two courses a year, and one year he taught four. After his deanship, he was awarded the title Elizabeth H. and John A. Sutro Professor of Law, also known as the Sutro chair, which was the first endowed chair in the school’s history.

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Alexander also sowed the first seeds of the Law School’s high tech program by adding intellectual property to the curriculum, a move that turned out to be essential to the school’s future in the heart of what would become Silicon Valley.

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George J. Alexander (1931–2013)

In 2004, Alexander and his wife, Katharine, made a generous donation to what was then called the East San Jose Community Law Center at Santa Clara Law. In recognition of their gesture, the ESJCLC was officially renamed the Katharine & George Alexander Community Law Center. Today, the Alexander Community Law Center focuses on consumer law, immigration law, workers’ rights, and tax matters, and serves about 1,000 clients onsite per year. It also reaches out to about 1,200 individuals through its mobile workshops on Consumer Rights, Workers’ Rights and Tenant-Landlord Rights, given throughout the community. For more information, see law.scu.edu/KGACLC. In 2008, Katharine and George Alexander created an annual award, called the Katharine & George Alexander Law Prize, with the goal of bringing recognition to lawyers who have used their legal careers to help alleviate injustice and inequity. The hope is that recognition of such individuals will improve the image of lawyers around the world. The winner receives a substantial cash award and is invited to SCU to be honored. The winner is also invited to participate in lectures and classes and may choose to serve as a teacher, mentor, and scholar for a limited period at Santa Clara Law. Past recipients have included Bryan Stevenson, Mario Joseph, Shadi Sadr, Paul Van Zyl, Alumedena Bernabeu, and Chen Guangcheng. For more information see law.scu.edu/alexanderprize.


CL O S I N G AR G U M E N TS

George Alexander: Visionary and Friend By Alan Scheflin, Professor, Santa Clara Law

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his year, George Alexander and I celebrated the 40th anniversary of our friendship. I can say without hesitation that I have never known a more gentle, more elegant, more dignified, more noble, more caring, and more visionary person. I first met George in 1973 when he hired me to join the faculty. In those early days, Santa Clara’s mission was mostly to train local lawyers for local law firms. Our physical facilities were limited, our resources were limited, and our student body and faculty were relatively small in number. Led and inspired by George’s unique ability to see beyond the status quo, George’s vision was of a global law school populated with students who were invited to use their legal talents to make the world a fairer and more just place. In those days we called it “public interest” lawyering. Today we call it “social justice.” Although the social justice agenda found universal favor, George’s dream of a global law school was harder to sell. Many of the faculty, and the central administration, were comfortable with the more limited mission of training local lawyers. It was at this point that I learned how miraculous George was in persuading, ever so calmly and methodically, those who did not agree with him. He was a master of the “soft sell.” Because he disliked confrontation, he preferred instead to show recalcitrant colleagues a path that would lead them to acceptance of his proposals. Santa Clara’s pioneering international programs became the gold standard by which similar programs at other law schools came to be measured by the American Bar Association. Globalization for George also began on campus. He actively recruited students from across the country, thereby creating a marvelously diverse population that brought new ideas, customs, and perspectives to the Law School. The result—Santa Clara’s name spread across the United States as well as across the world. George’s amazing, if not insatiable, curiosity infused the curriculum with innovative courses. From antitrust to high tech, from international law to elder law, from intellectual property to space law, George’s fertile mind expanded the course offerings available to students and opened the door to areas of specialization for the faculty. To our mutual delight, we began co-teaching a seminar on Law and Psychiatry. Over the years, because we knew what each other would say about a certain case, or statute, or scientific study, it became our practice to attempt to generate a new angle or argument to catch the other off base. Whenever

Colleagues and Friends: George Alexander and Alan Scheflin

we walked into class, we did not know whether the other had prepared an intellectual ambush. The excitement of that possibility was exhilarating. George and I agreed that the experience of co-teaching the seminar was the most rewarding experience we ever had in the classroom. Teaching with George began a habit that I have no intention of stopping. I talk to George in my head all the time. Whenever I would read a new case or see a news story that I know would interest, delight, or intellectually infuriate George, I would imagine our future conversation. Even though he can no longer answer me, I continue to have the same excitement— “George will be curious to learn about this,” or “I can’t wait to get George’s reaction to that ....” In this way I continue to think of him, and speak to him, every single day. The Law and Psychiatry teaching experience led us to write a casebook for the seminar. We had more fun, and more provocative and stimulating discussions, on that project than we could ever have imagined. We met constantly and were in regular communication with each other as the process of putting the book together progressed. Law and Mental Disorder is a book we are very proud to have written. George and I went on to teach in the summer programs abroad and to co-present talks at international conferences. Although he was a very private man, he would open his heart from time to time. What an honor and privilege those moments have been for me. I loved George. It has been said that a person is alive as long as he or she is remembered. I will continue to love and remember George for the rest of my days. fall/winter 2013 | santa clara law 41


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A Reunion Celebration The Honorable Leon E. Panetta ’60, J.D. ’63, returned to campus in September to celebrate his 50th reunion at the 2013 Law Reunion Weekend. Here he shares a laugh with Paul Goda, S.J., during the festivities.

nancy ma rtin


Santa Clara Law Magazine Fall 2013