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
S U M M ER 2 0 0 9 Vo l u m e 1 5 N u m b e r 2
Leaders in International Law Leon Panetta B.A. ’60, J.D. ’63 leads the CIA. Page 2
3 International Moot Court Team Is National Champion
10 Educating Leaders in International Law
18 The Path to International Justice
his past academic year has been, in all material respects, a very successful one—filled with inspiring achievement and growing recognition of our program, but also one marked by caution and concern.
C H ARLES BARRY
Leadership and the Law School Santa Clara University is proud to have two graduates— Janet Napolitano ’79 and Leon Panetta B.A. ’60, J.D. ’63 —appointed to key positions in President Obama’s administration. Their appointments highlight Santa Clara’s longtime commitment to educating men and women for leadership in their work and their communities. I was particularly struck by Leon Panetta’s comment: “In our democracy, we govern either by leadership or by crisis….And today we have the responsibility to exercise leadership and to take the risks associated with leadership to guide this country in the right direction.” His words remind me of the belief that leadership in a democracy is for everyone and we must develop leadership skills and potential in our students. Recent Developments at the Law School The law school received a very positive accreditation review report from the American Bar Association. While the report commented very favorably on nearly all aspects of the law school’s educational program and operation, it also recommended that we continue to address the longstanding space problems facing us. To that end, the University recently renovated the second and third floors of Bannan Hall, and soon the law school will have full use of Bannan Hall. Another important development is that the law school has implemented a long range and strategic planning process. Approximately 40 lawyers, judges, and law faculty and deans serve on a planning committee, which has been meeting since January. The committee plans to complete its work and publish a strategic plan this fall. The report will be available to all online and the next issue of Santa Clara Law will include a recap of the plan. Lastly, the economy has created a challenging job market for our law students, and one of the ways we are assisting them is through our newly formed Dean’s Recruitment Advisory Board. Composed of alumni leaders in several law firms and law organizations that often hire our graduates, this group is helping the law school stay in tune with what firms are looking for and how our students can be best prepared for various career opportunities, especially in a difficult economic and employment market. We remain committed to the success of our students and graduates and plan to see them through these difficult times. I hope you will reach out to us and let us know how you can assist by mentoring and advising our students on career paths and opportunities and by seeking employment opportunities for them. On behalf of the whole school community, I thank you for your ongoing support of Santa Clara Law. It is a great honor for me to serve as the dean of your law school.
JULIA YAFFEE Senior Assistant Dean for External Affairs Elizabeth Kelley Gillogly b.a. ’93 Editor LARRY SOKOLOFF ’92 Assistant Editor carole vendrick Copy Editor Amy Kremer Gomersall b.a. ’88 Art in Motion Art Director, Designer Charles Barry Santa Clara University Photographer
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 975 students an academically rigorous program, including graduate degrees in international law and intellectual property law; a combined J.D./ MBA degree; a combined J.D./MSIS degree; and certificates in intellectual property law, international law, and public interest and social justice law. Santa Clara Law is located in the world-class business center of Silicon Valley, and is distinguished nationally for its top-ranked program in intellectual property. For more information, see http://law.scu.edu. If you have any questions or comments, please contact the Law Alumni Office by phone at 408-551-1748; fax 408-554-5201; e-mail email@example.com. edu, or visit law.scu.edu/sclaw. Or write Law Alumni Office, Santa Clara University, 500 El Camino Real, Santa Clara, CA 95053. The diverse opinions expressed in Santa Clara Law do not necessarily represent the views of the editor or the official policy of Santa Clara University. Copyright 2009 by Santa Clara University. Reproduction in whole or in part without permission is prohibited.
Donald J. Polden
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6 2 Leon Panetta, Director of the CIA, Underscores the Importance of Governing by Leadership
6 Santa Clara Law Students Study Human Rights in El Salvador
10 Educating Leaders In Global Law
by Susan Vogel With stellar faculty and ample international
opportunities for students, Santa Clara Law’s international law program is preparing tomorrows global law leaders.
18 The Path to International Justice
by K irst e n B ow m a n ’ 0 5 Law alum Bowman has experienced
a profound professional and personal journey during her work in international law.
20 Reunion Weekend 2008
A few snapshots from our 2008 reunion (more are online!) and information about how to get involved for 2009.
Alumni Spotlights 2 LEON PANETTA, B.A. ’60, J.D. ’63 18 KIRSTEN BOWMAN ’05 23 B.T. COLLINS ’73 25 HEIDI KEEFE ’95 25 RODGER COLE ’95
Back Cover: W. DAVID P. CAREY III ’81, MBA ’82 RONALD H. MALONE ’71 HON. JEAN HIGH WETENKAMP ’76
2 Law Briefs 8 Faculty Activities 22 Class Action 29 Closing Arguments
On the Web Visit us at law.scu.edu/sclaw for more photos from Reunion ’08, links to blogs by International Law faculty members Beth Van Schaack and David Sloss, and more photos and stories from the El Salvador immersion trip.
cover photo by Getty images
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law briefs O
n Jan. 9, then President-elect Barack Obama announced his nomination of Leon Panetta B.A. ’60, J.D. ’63 to be the next head of the Central Intelligence Agency. The Senate Intelligence Committee approved Panetta’s nomination, and on Feb. 13, Panetta was confirmed by the full Senate on a voice vote. At the press conference announcing the nomination, Presidentelect Obama described Panetta as “one of the finest public servants of our time” adding, “he has handled intelligence daily, at the very highest levels, and time and again he has demonstrated sound judgment, grace under fire, and complete integrity.” “Let me be clear. In Leon Panetta, the Agency will have a director who has my complete trust and substantial clout,” President-elect Obama continued. “He will be a strong manager and a strong advocate for the CIA. He knows how to focus resources where they are needed, and he has a proven track record of building consensus and working on a bipartisan basis with Congress. I am confident that he will strengthen the CIA’s capability to protect the American people as it continues to adapt to our reformed intelligence community.” An eight-term congressman and the former chief of staff to President Clinton, Leon Panetta earned his bachelor’s degree from Santa Clara University in 1960, and, in 1963, his juris doctor from Santa Clara Law, where he served as an editor of the Law Review. A former member of Santa Clara Law’s Board of Visitors,
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Panetta celebrated the 45th anniversary of his graduation at his class reunion this past September at the Law Reunion Weekend festivities (see Page 20). He also received the Santa Clara Law Diversity Award at a celebration in October. “Leon Panetta has a long and distinguished career of service to this country,” said Santa Clara Law Dean Donald Polden. “His confirmation as head of the CIA reflects the tremendous respect that
N AN C Y M A RT IN
Leon Panetta, Director of the CIA, Underscores the Importance of Governing by Leadership
Panetta has close ties to SCU.
“Today we have the responsibility to exercise leadership and to take the risks associated with leadership to guide this country in the right direction. And so I take this oath with the commitment that I will seek to provide that leadership as director of the CIA.” —Leon Panetta B.A. ’60, J.D. ’63 President Obama and Senate members have for Leon and his ability to lead that critical agency with ethics and integrity. The entire Santa Clara Law community is proud of him and his commitment to government service and leadership in public service.” At his swearing in ceremony on Feb. 13, Leon Panetta underscored the importance of strong leadership in his new role. “In our democracy, we govern either by leadership or
by crisis...Too often in this country, we have governed largely by crisis,” he said. “And today we have the responsibility to exercise leadership and to take the risks associated with leadership to guide this country in the right direction. And so I take this oath with the commitment that I will seek to provide that leadership as director of the CIA.” For more on Panetta, visit law.scu. edu/sclaw.
Law students Brandon Douglass, Adam Birnbaum, and Ann Marie Ursini advanced to global competition at the Hague.
he Santa Clara Law team took first place at the 2009 Pace University School of Law’s International Criminal Court (ICC) Moot Competition, held Jan. 30-Feb. 1 at Pace University in White Plains, N.Y. The competition included teams from some of the continent’s most-respected law schools. Santa Clara Law’s team included Ann Marie Ursini, Brandon Douglass, and Adam Birnbaum, with Associate Professor of Law Beth Van Schaack, serving as team coach.���������������� The judges for the Pace round were drawn from the ranks of the world’s top international criminal law practitioners. The Pace competition was the North American preliminary round for the global ICC competition at The Hague, the seat of the ICC. Santa Clara Law’s team, along with runner-up Yale Law School, moved on to compete at The Hague against teams from all over the world. In the global competition among more than 100 law students from 14 countries, the Santa Clara Law team ranked fourth. While Santa Clara has won the Pace competition before, this was the first time that the winners at Pace qualified for the global competition. “This is a great testament to Santa Clara’s program in international criminal law,” said Van Schaack. “One observer commented that the Santa Clara team’s arguments were ‘devastating.’ Another team’s coach remarked that he had never seen such quality of presentation at a moot court competition before.”
C H ARLES BARRY
International Moot Court Team Triumphs at National Competition
In the preliminary stage of the competition, the judges named Douglass and Birnbaum best oralists for their respective rounds. Douglass was named best oralist in the final round, where Santa Clara Law argued for the defense against the prosecutor, Yale Law School, and the victim’s advocate, Pace University School of Law. The ICC competition is unique in that teams consist of three members, each of whom assumes the role of
of the international criminal tribunals, which are adjudicating grave international crimes committed in Cambodia, Sierra Leone, the former Yugoslavia, and Rwanda. Plus, several Santa Clara Law alumni are among the few American nationals working at the ICC (although the United States is not a member) (see Page 18). Santa Clara’s summer program in international criminal law in The Hague is based out of the International Criminal Tribunal for the
“This is a great testament to Santa Clara’s program in international criminal law,” said Associate Professor of Law Beth Van Schaack, who served as team coach. “One observer commented that the Santa Clara team’s arguments were ‘devastating.’” one of the ������������������������������ three participants in ICC prosecutions: the prosecution, the defense, and the victims’ advocate, a new role developed for the first time for the International Criminal Court. Each team member must also be able to argue “off brief,” providing an incredible opportunity to understand the relevant substantive and procedural law from multiple perspectives. “The judges really made sure we had a hot bench,” said Birnbaum. “They pushed the teams until we reached the edge of our understanding of the law, and then they kept pushing just to see how we held up. I think we got a lot of points for not cracking under the barrage of questions.” Santa Clara Law has had students and graduates intern and work at all
Former Yugoslavia, where several Santa Clara graduates are senior trial attorneys with the office of the prosecutor. In connection with its Southeast Asia summer program, Santa Clara also offers students the opportunity to work with the international criminal tribunal in Phnom Penh, which is prosecuting surviving members of the Khmer Rouge. On March 13 and 14, Santa Clara Law hosted a symposium on international criminal law that included a keynote speech from DePaul University College of Law Professor M. Cherif Bassiouni, one of the foremost proponents of international criminal law and the ICC. For more information on the competition, including a blog from the Hague, visit law.scu.edu/sclaw.
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law briefs Haiti Human Rights Lawyer Receives Alexander Prize
santa clara law spring 2009
J en n y- Broo k e C o n do n
n March 8, Santa Clara Law hosted a dinner in San Jose to present Mario Joseph with the second annual Katharine and George Alexander Law Prize. Mario Joseph is widely considered one of Haiti’s most influential and respected human rights attorneys. Since 1996, he has served in Port-auPrince, Haiti as managing attorney of the Bureau des Avocats Internationaux which uses prominent human rights cases to force open the doors of Haiti’s justice system for the country’s poor majority. “We honor Mario Joseph for his passionate fight to improve the justice system in Haiti, and his selfless work on behalf of political prisoners, victims of political violence, and the poor,” said Professor Cynthia Mertens, associate dean for academic affairs at Santa Clara Law. “He is a fierce voice calling for justice amid threats to his own life. Mr. Joseph has not only freed individuals from injustice but has placed systematic pressure on the dictatorship to respect the rule of law.” The Katharine and George Alexander Law Prize, an annual award and substantial monetary prize presented by Santa Clara University School of Law, recognizes a member of the legal community who has used his or her skills, knowledge, and abilities to correct an injustice in a significant manner. Selection criteria include the innovative nature and sustainability of the programs the individual has implemented, the courage and self-sacrifice required, the
Mario Joseph was honored with a cash prize at an awards dinner in March.
number of people benefited, and any other indications that the recipient is committed in both heart and mind to alleviating injustice and inequity. For more information on present and past winners, or to nominate someone for a future prize, visit law. scu.edu/alexanderprize.
Recruiting via Avatar: Santa Clara Law Hosts Its First-Ever VirtualWorld Law School Application Workshop
n January, Santa Clara Law entered another world, inviting prospective students to learn about applying to the law school through a workshop that took place in Second Life, the “virtual world” inhabited by 15 million “residents” who turn themselves into cartoon “avatars.” Posing as her own self-created avatar, Penny Canucci, Assistant Dean of Admissions Jeanette Leach hosted the event for prospective students, which took place on January 22 at “Santa Clara Island” on Second Life.
Participants watched a welcome from Dean Donald Polden (appearing in real-life video footage, not as an avatar). After Leach’s workshop, participants asked questions of the admissions office staff and gathered information about applying to Santa Clara Law. “We believe we are the first law school in the United States to use Second Life to interact with prospective students,” says Julia Yaffee, senior assistant dean of external relations. “We are located in the heart of Silicon Valley, one of the most vibrant business centers in the world and home of world leaders in the technology industry, so it only makes sense for us to reach out to prospective students in a high tech way.” “We need to meet prospective students where they are, and more and more, we find potential law students in various online arenas, including virtual worlds,” added Yaffee. “This is an exciting opportunity for us to offer a live application workshop that prospective students from around the world can attend.” The story was picked up by a host of online legal news leaders including Tech Chronicles (San Francisco Chronicle blog), Legal Technology (Law.com’s blog), BusinessWire, PatentArcade, Above the Law, ABA Journal, National Law Journal, JD Journal, and JD Underground. Second Life News also ran a story on it. The School of Law is planning other events on Second Life, including a presentation by Dean Polden on the state of the school. For more information, e-mail Prano Amjadi, law librarian, at firstname.lastname@example.org.
law briefs NCIP Exoneree Featured in Sean Penn Documentary Witch Hunt, a film written and directed by Dana Nachman and Don Hardy, tells the harrowing story of lives shattered and families torn apart when mass hysteria sparked the breakdown of the criminal justice system in one California town. The film includes the story of John Stoll, who in 1985 was convicted of 17 counts of child molestation and sentenced to 40 years in prison. In 2002, Stoll was exonerated thanks in part to the help of Santa Clara Law’s own Northern California Innocence Project. The Northern California premiere of the film took place on Feb. 28 during the Cinequest San Jose Film Festival.
Witch Hunt Producers Don Hardy and Dana Nachman with the film’s Executive Producer and Narrator Sean Penn.
The documentary, which was executive produced and narrated by Sean Penn, had its world premiere at the Toronto International Film Festival in September 2008. Its U.S. premiere followed two months later at the Los Angeles International Film Festival. The film was purchased by MSNBC Films and aired on cable channels this spring. For more information on the film, visit http://ktffilms.com.
Law students participated in a negotiation and role-play exercise in which they represented various nation-states and had to draft a statute for a fictitious international tribunal to prosecute crimes of terrorism.
Center for Global Law and Policy Teams with International Committee of the Red Cross to Host International Humanitarian Law Workshop
anuary 6-9, the Center for Global Law and Policy at Santa Clara Law hosted its third International Humanitarian Law (IHL) Workshop with the International Committee of the Red Cross (ICRC). The workshop, which was open to LL.M. and secondand third-year law students, featured lectures and hands-on workshops led by members of the ICRC, current and former members of the Judge Advocates General Corps, and Santa Clara Law Professor Beth Van Schaack. In light of events in the Middle East and elsewhere, the topics were timely and included discussion of such subjects as conflict classification; prisoner treatment; targeting of civilians; and dealing with non-state actors such as terrorists, underprivileged combatants, and military contractors. The workshop culminated in a negotiation and role-play exercise, in which students, representing various nation-states, were tasked with drafting a statute for a fictitious international
tribunal to prosecute crimes of terrorism. Students had to grapple with defining the crimes within the court’s jurisdiction; reaching consensus on whether to address domestic as well as international terrorism; theorizing the interface between crimes of terrorism and IHL; establishing the relationship between proceedings before domestic courts and the jurisdiction of the proposed international tribunal; and agreeing upon punishable forms of participation. The workshop is held annually, and the Center for Global Law and Policy accepts applications beginning in September. Interested law students from any U.S.-accredited law school are encouraged to apply next year. The workshop is free, and the ICRC and the American Red Cross issue a certificate upon completion. Many law schools sponsor select students to attend to help defray the costs of travel and lodging. For more information, visit law.scu.edu/international. spring 2009 santa clara law
law briefs Santa Clara Law Students Study Human Rights in El Salvador anuary 1-10, 2009, twenty law students participated in what many have described as the most intense experience of their law school career, if not their lives—an immersion trip to El Salvador to study human rights. Hearts were broken our first day as we listened to Father Paul Schindler describe what it was like to be one of the first persons called to identify the bodies of the four church women who were brutally raped and murdered during the civil war in 1980. That was followed immediately by a visit to an extremely poor squatter community on the outskirts of San Salvador, where we interacted with hungry children and saw the flimsy, corrugated tin-roofed shacks that served as shelters for almost 500 inhabitants. We listened attentively as the community leaders described their struggle for land rights and explained the issues surrounding the lack of medicine even when they were lucky enough to see a doctor. By the second day, we had fallen in love with the people. Their warmth, their hope, their gratefulness for our presence were conveyed through their willingness to share incredible accounts of the suffering that is so much a part of their daily lives, all without any expectation of anything being given in return. The genuine hugs, shared so often, captivated our hearts.
“It is hard to explain what happens to a person while visiting El Salvador. I could say the most obvious things; the surprise of finding a people so compassionate and warm, the sickening enlightenment achieved from viewing slums and impoverished children… El Salvador to me is more about getting hit deep inside with passion, pain, fear, hope, guilt, and joy all in the span of an hour. It is a rawness of emotion and feeling that cannot be achieved in a society where email can be checked every five minutes and the tragedies of the world stand behind $2,000 TV screens. El Salvador changed me, certainly for the better, and I would not trade the experience for anything.” —D av id Reagan ’ 1 0
santa clara law spring 2009
D A N IEL MUR DO CK
“First, it breaks your heart, then you fall in love, then you’re ruined for life....” —Dean Brackley, S.J.
Nicholas Webber JD/MBA ’09 became a walking jungle gym for the children in an El Salvador orphanage.
D AN I E L M U R D O CK
By C y n t hia Mert e n s, Professo r, Sa n ta C lara L aw
Gemma Daggs ’09 and her new friends Jose and Maria on the family pickup truck, headed to “town.”
Yes, we are all “ruined for life” in a good sense. You cannot undergo an experience as intense as this without changing. Each of us has changed in his or her own way, but we each have re-committed ourselves to continue to walk in solidarity with our sisters and brothers in El Salvador and in other parts of the world where hunger, homelessness, strife, corruption, and illness are so prevalent. We have a new appreciation for how the majority of our world lives. We will go beyond empathy; we will take action. Here are reflections from a few of the students who experienced this journey. For more reflections and photos, visit law.scu.edu/sclaw.
“I can’t imagine another trip where you would get to meet with an ex-FMLN guerilla one day, stay overnight with a campesino family the next, and meet with the president of the Supreme Court the following day…. I am very grateful to Prof. Mertens for providing us with a truly once-in-a-lifetime opportunity. Going to El Salvador will stay with me, and I know I have grown as a result of this experience.”
Interested in a 2010 Alumni Immersion Trip? “If you, or anyone you know, ever gets an opportunity to do a trip like this to El Salvador you MUST go! It will change you, but only for the better.” — G em m a D aggs ’09
Professor Cynthia Mertens is organizing an immersion trip to El Salvador for SCU Law alumni in January 2010. To sign up, or for more information, contact Professor Mertens at cmertens@ scu.edu or call (408) 554-4025.
— K aren Crowe ’ 0 9
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faculty activities OUR FACULTY ARE LAWYERS WHO LEAD. Following is a list of recent faculty and staff scholarship and achievement. For a more detailed list of all faculty and staff activities and achievement, visit law.scu.edu/faculty.
Colleen Chien’s article, “Patently Protectionist? An Empirical Analysis of Patent Cases at the International Trade Commission,” was published in 50 William and Mary Law Review 63 (2008). Her article, “Of Trolls, Davids, Goliaths, and Kings: Narratives and Evidence in the Litigation of HighTech Patents,” will be published at 87 North Carolina Law Review (2009). David Friedman recently published Future Imperfect: Technology and an Uncertain World (Cambridge University Press), which discusses the consequences of impending technological changes. Dorothy Glancy prepared “2007 Traffic Watch Privacy Audit Update Report” for the Metropolitan Transportation Commission, and co-authored “Report to Congress: Rural Interstate Corridor Communications Study.” She published “Retrieving Black Box Evidence from Vehicles: Uses and Abuses of Vehicle Data Recorder Evidence in Criminal Trials” in The Champion (May 2009). She was reappointed to the California Judicial Council Court Technology Advisory Committee. Eric Goldman published the book chapter “Online Word of Mouth and Its Implications for Trademark Law” in Trademark Law and Theory: A Handbook of Contemporary Research 404 (Graeme B. Dinwoodie and Mark D. Janis eds., Edward Elgar Press, 2008); an essay, “Teaching Cyberlaw,” at 52 santa clara law spring 2009
St. Louis University Law Journal 749 (2008); and two law review articles: “Why Wikipedia Will Fail,” 6 J. Telecomm. & High Tech. L. (2009); and “Brand Spillovers,” 22 Harvard J.L. & Tech. (2009). Pratheepan Gulasekaram’s article “Sub-National Immigration Regulation and the Pursuit of Cultural Cohesion,” was published in the University of Cincinnati Law Review. Anna Han published four chapters on Chinese intellectual property laws in Business Law in China: Trade, Investment, Operations and Finance (2d ed., Daniel Arthur Laprè ed.), an ICC publication. Marina Hsieh was re-nominated to a three-year term on the State Bar of California’s Council on Access and Fairness. She, and Lecturer Robert Cullen, showcased Santa Clara’s “Initiatives in Leadership—Education for Lawyers” at a conference, Legal Education at the Crossroads, at the University of Washington, in Seattle in Sept. 2008. She served as moderator of a panel, “Democracy and Disenfranchisement: Protecting and Restoring Voting Rights in America,” at Shaking the Foundations: The West Coast Progressive Lawyering Conference at Stanford Law School, Oct. 4, 2008. She was elected vice president of the national ACLU board of directors at their Oct. 2008 meeting.
Bradley Joondeph had two law review articles published: “Federalism, the Rehnquist Court, and the Modern Republican Party,” 87 Oregon Law Review (2008) and “The Many Meanings of ‘Politics’ in Judicial Decision Making,” 77 University of Missouri-Kansas City Law Review 349 (2009). Michelle Oberman co-authored a book chapter titled “Where Stem Cell Research Meets Abortion Politics: Limits on Buying and Selling Human Oocytes.” She delivered the paper “Reproductive Autonomy at the Intersection of Law, Gender and Poverty” at the Israeli Law and Society Association: Dec. 2008 Conference, Global, Regional, and Local: Law, Politics and Society in Comparative Perspectives. Her book, co-authored with Cheryl L. Meyer, When Mothers Kill: Interviews from Prison, was published by New York University Press (2008). Tyler Ochoa co-authored “Teaching Rights of Publicity” for the St. Louis University Law Journal and is publishing a book chapter, “Copyright Protection for Works of Foreign Origin in the United States,” in a copyright monograph. He co-authored the 2008 supplement to his copyright law casebook, and is co-authoring a new publicity rights casebook. Cookie Ridolfi, Executive Director of the Northern California Innocence Project at Santa Clara Law, co-authored an op-ed piece in the Orange County Register with former California Attorney General John Van de Kamp. She received recognition from the California Senate Rules Committee for her outstanding service to the State of California as a member of the California Commission on the Fair Administration of Justice.
faculty activities Cathy Sandoval recently published “Antitrust Language Barriers: First Amendment Constraints on Defining an Antitrust Market by a Broadcast’s Language, and Its Implications for Audiences, Competition and Democracy” in the Federal Communications Law Journal. David Sloss’s book, The Role of Domestic Courts in Treaty Enforcement: A Comparative Study, will be published by Cambridge University Press (forthcoming 2009). He had two articles published: “Place Matters (Most): An Empirical Study of Prosecutorial Decision-Making in Death-Eligible Cases,” Arizona Law Review (2009) (co-authored with Katherine Barnes and Stephen Thaman) and “Judicial Foreign Policy: Lessons from the 1790s,” 53 Saint Louis University Law Journal 145 (2008). Gary Spitko published “Open Adoption, Inheritance, and the ‘Uncleing’ Principle,” 48 Santa Clara Law Review 765-804 (2008). Together with Professor Mary Louise Fellows (Minnesota) and Charles Q. Strohm (UCLA), he published “An Empirical Assessment of the Potential for Will Substitutes to Improve State Intestacy Statutes” in 85 Indiana Law Journal (forthcoming 2009). Professors Fellows and Spitko presented an earlier version of “Open Adoption, Inheritance, and the ‘Uncleing’ Principle” during a panel at the joint annual conference of the Law and Society Association and the Canadian Law and Society Association, Montreal, Quebec, Canada, in May 2008. He presented a draft of a paper in Jan. 2009 at the annual meeting of the Labor and Employment Relations Association in San Francisco. The paper was published as “Exempting High Level Employees and Small Employers from Legislation
Invalidating Predispute Employment Arbitration Agreements,” 43 U.C. Davis Law Review (forthcoming 2009). Beth Van Schaack co-authored with Professor Ronald C. Slye, of Seattle University School of Law, a book titled International Criminal Law: The Essentials (Aspen Press 2008). She also published a chapter, “Engendering Genocide: The Akayesu Case Before the International Criminal Tribunal for Rwanda,” in Human Rights Advocacy Stories (Edited by Deena R. Hurwitz and Margaret L. Satterthwaite, (Foundation Press, 2009). She published several law review articles: “Finding the Tort of Terrorism in International Criminal Law,” 28 Univ. of Texas Review of Litigation 381 (2009); “Crimen Sine Lege: Judicial Lawmaking at the Intersection of Law and Morals,” 97 Georgetown L.J. 119 (2008); and “The Story Behind the Case that Launched a Legal Revolution,” 30 Human Rights Quarterly 1042 (2008) Stephanie Wildman published “Pregnant and Working: The Story of California Federal Savings & Loan Assn. v. Guerra” in Elizabeth Schneider and Stephanie M. Wildman, Women and the Law Stories, (forthcoming Foundation Press). She also published (with Patricia A. Shiu) “Pregnancy Discrimination and Social Change: Evolving Consciousness About Workers’ Rights,” Yale Women’s L.J. (forthcoming 2009). David G. Yosifon’s article, “The Consumer Interest in Corporate Law,” was published in 43 UC Davis Law Review (2009).
Susan Morse, teaching fellow, published two articles: “Using Salience and Influence to Narrow the Tax Gap,” 40 Loyola University Chicago Law Journal (forthcoming 2009) and co-wrote “Cash Business and Tax Evasion,” 20 Stanford Law and Policy Review (forthcoming 2009) (with Stewart Karlinsky and Joseph Bankman). Evangeline Abriel, LARAW director, was presented with a certificate of appreciation by the U.S. Court of Appeals for the Ninth Circuit in March, “in recognition of outstanding contributions of time and legal expertise in support of the Pro Bono Program.” The certificate reflects the work of Abriel and Santa Clara Law students on behalf of petitioners seeking review of Board of Immigration Appeals decisions. Sandra Magliozzi, Director of Law Internships, published several articles in The Complete Lawyer, including articles on professional development and growth by associates in law firms, effects of the uncertain economy on lawyers, and coaching to advance young lawyers’ skills. Linda Starr, legal director of the Northern California Innocence Project, was elected to a three-year term as a member of the Board of Governors for the California Attorneys for Criminal Justice in Dec. 2008. Rachel Smith, LARAW faculty member, was awarded a grant from the Association of Legal Writing Directors to prepare an article titled: “Perk Up Your Pens! Legal Analysis, Writing, and Research Podcast Series and Companion Website” during summer 2009.
spring 2009 santa clara law
By susa n vogel
Educating Leaders In Global Law Santa Clara Law’s International Program Takes on the World
n March 4, the International Criminal Court at The Hague issued its first arrest warrant for a sitting head of state—Sudan’s President Omar Hassan al-Bashir—for his role in the Darfur conflict that reportedly has left 300,000 dead since 2003. The warrant charges al-Bashir with war crimes and crimes against humanity for intentionally directing attacks “murdering, exterminating, raping, torturing, and forcibly transferring large numbers of civilians, and pillaging their property.” When Beth Van Schaack, associate professor at Santa Clara Law, heard of the warrant, she was elated. Three years ago, Van Schaack participated as a prosecutor in a mock trial of al-Bashir in New York designed to draw attention to the atrocities in Sudan and the need to hold its president accountable. At the end, the participants sent their materials to the ICC, with hope that the fledgling organization would prosecute al-Bashir. Hearing about the warrant “was exciting,” says Van Schaack, “because, even though he wasn’t charged with genocide, the ICC’s theory of culpability was the same as we had put forth in the mock trial.” The day the warrant was issued, students in Van Schaack’s Legal Aspects of War class engaged in a long discussion about whether the ICC should take into account the 10 santa clara law spring 2009
political situation in the country when it issues indictments, or simply look at the evidence. About half the class believed the ICC should look only at whether the evidence supported an indictment; the other half believed it should consider the effect the indictment might have on the country’s political situation. As it happened, al-Bashir’s response to the warrant was “to retaliate against the people and kick out the NGOs [non-governmental organizations],” says Van Schaack. Van Schaack, who holds a B.A. from Stanford and a J.D. from Yale Law School, where she was editor of the Yale Law Journal, has a keen interest in the workings of international criminal justice systems. Just out of law school, she worked for the Office of the Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda. She has been concerned that Sudan will turn into another Rwanda, where, she says, “The world stood largely silent while entire communities were exterminated with rudimentary farm tools.” Van Schaack is heartened by the developments in international criminal justice systems. “Finally we have established a functioning system of international justice,” she says. “The international community has made the policy choice that accountability is important. We have a lot more
to do in terms of rehabilitating victims and making reparations, but we have done the high-level work of getting these systems into place.” Van Schaack, who joined Santa Clara Law in 2003, teaches International Criminal Law, Transitional Justice, The Legal Aspects of War, Human Rights: Theory & Practice, and Civil Procedure, among other courses. She also coaches the law school’s Jessup International Moot Court team, among others. She plays a key role in the school’s international law program, one of Santa Clara Law’s “destination” programs that draw students from across the country and around the globe. With 18 faculty members, including internationally known legal experts, and more study abroad locations than any other law school in the country, the program trains students for important roles in the international business, judicial, and human rights communities. One such student is Kirsten Bowman ’05 (See her story on Page 18). After clerking at the International Criminal Tribunal for the former Yugoslavia at The Hague after her second year of law school and interning at the International Criminal Tribunal for Rwanda in Tanzania during her third year, she is now a legal advisor to Judge Rene Blattmann of the International Criminal Court. Judge Blattman is currently hearing the ICC’s first case, against Thomas Lubanga Dyilo of the Democratic Republic of Congo.
dinates work on all the varied international law programs that Santa Clara offers. “We plan to maintain the core programs of the Center,” says Sloss, “including workshops, lectures and symposia; to strengthen faculty enrichment; and to get the message out that Santa Clara Law is a place where people are doing serious work in international law.” Started by former Dean George Alexander and Professor Philip Jimenez in the 1970s, the international program was first seen as a way to broaden students’ educational opportunities and to help faculty develop relationships overseas. Today, says Sloss, “To be a well-educated lawyer you have to know something about international and comparative law. Students who will be practicing law for the next 30 or 40 years will be dealing with people from all over the world. A narrow, U.S.-based perspective is not going to serve them well in their practice.” (See his essay on Page 29.) Dean Donald Polden says that the international program is a high priority for Santa Clara Law. “We have made, and will continue to have, a strong commitment to international law because, in our interconnected world, international law is a key aspect of legal education. In order to graduate lawyers who can lead in whatever field they choose, we must ensure our students have a deep understanding of how law is global,” says Polden. “Our commitment to international human rights is a reflection of our commitment to social
“In our interconnected world, international law is a key aspect of legal education,” says Santa Clara Law Dean Donald Polden. “In order to graduate lawyers who can lead in whatever field they choose, we must ensure our students have a deep understanding of how law is global. Our commitment to international human rights is a reflection of our commitment to social justice. And our involvement in international business law reflects our aspiration to be the premiere international law school program in Silicon Valley.”
n 2008, Santa Clara Law hired David Sloss as a professor of law and director of the Center for Global Law and Policy. Sloss holds a master’s degree in public policy from the John F. Kennedy School of Government at Harvard, and a J.D. from Stanford Law School. He worked for the U.S. Arms Control and Disarmament Agency prior to law school and came to Santa Clara from Saint Louis University Law School. An expert on international law, international human rights, and U.S. foreign relations law, Sloss teaches International Human Rights and U.S. Foreign Relations Law. Sloss is working to further strengthen the Center for Global Law and Policy, an umbrella organization that coor-
justice,” he adds. “And our involvement in international business law reflects our aspiration to be the premiere international law school program in Silicon Valley.” Santa Clara Law students, who often come from diverse backgrounds with international experiences, are eager to add international law classes to their study. More than 30 percent of students take the opportunity to study abroad while in law school. Many students also choose to pursue certificates in International Law or High Tech International Law, and all students have a broad choice of international law-related course electives. These courses open doors to life-changing experiences abroad and jobs at the center of the international legal system. Santa Clara Law students and graduates have spring 2009 santa clara law 11
aw students, along with faculty and legal scholars from around the world, examined current issues of international criminal law at a symposium at the Benson Center on March 13 and 14. Sponsored by Santa Clara Law’s Center for Global Law and Policy, the Santa Clara Journal of International Law, the Markkula Center for Applied Ethics, and the American Society of International Law, the two-day event featured keynote speaker Nobel Peace Prize nominee M. Cherif Bassiouni, an internationally renowned scholar who is president emeritus of the De Paul International Human Rights Law Institute. The symposium panelists, including scholars from 18 law schools in the U.S. and Europe, discussed issues such as complementarity, the idea that the ICC is intended only rarely to take the place of domestic remedies; the problem of “system criminality,” when a country’s entire state apparatus is involved in the crimes; the importance of respecting established constraints on extraterritorial prosecution of foreign-state actors; and the difficulty of arriving at a consensus on the definition of terrorism as an international crime. Santa Clara Law students contributed in a very meaningful way to the discussions, says Van Schaack, who was a moderator. “A student asked about the cost of international justice. For every prosecution before Rwanda, it has cost about $30 million to prosecute. The student astutely asked ‘Isn’t it cheaper to intervene when the atrocities are happening rather than having to rebuild and prosecute?’” For more information on the conference, including podcasts of the panels, visit law.scu.edu/ sclaw for a link to the conference web site.
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worked and/or interned at all the international criminal tribunals, including the tribunals for the former Yugoslavia in The Hague, Rwanda in Tanzania, Sierra Leone in Freetown, and the ICC in The Hague. Graduates have also defended detainees at Guantanamo. In addition, says Yaffee, graduates find jobs in international human rights and international business law around the globe from the International Red Cross to Japanese trading companies to law firms with global practices. Students at Santa Clara Law have an added benefit. Not only do they learn the law so they are well-prepared for an increasingly global practice, but they learn it from outstanding teaching scholars such as Van Schaack who are passionate about their work.
Q&A with Beth Van Schaack What is the International Criminal Court? The ICC is an international court established by states through a treaty to prosecute the most serious international crimes: genocide, crimes against humanity, war crimes, and (eventually) aggression. When did you first develop an interest in international criminal law? When I was in law school, Yale received a grant from the U.S. State Department to study the desirability and feasibility of staging a legal accounting for the crimes of the Khmer Rouge in Cambodia (1975-79). I was one of the students sent to Phnom Penh to teach a course on international criminal law (ICL) to Cambodian jurists, journalists, human rights workers, government officials, and members of the military and police. The goal was to increase the legal literacy with respect to ICL so that there would be a corps of professionals who could staff an international tribunal if one were established. Following this experience, I wrote my student note on ICL and then obtained a law clerk position right out of law school with the International Criminal Tribunal for the Former Yugoslavia in The Hague (ICTY). I have been passionate about this topic ever since.
Nan cy Marti n
The Future of International Criminal Justice
Anne Marie Ursini ’09, Professor Beth Van Schaack, Professor David Sloss, and Katherine O’Connor ’09 helped to organize Santa Clara Law’s March 2-day conference on the Future of International Criminal Justice.
Can you relate some of your experiences? I was recently in The Hague coaching our ICC moot court team. As part of our trip, we were able to sit in on trials proceeding before the ICC and the ICTY. I’ve blogged about our trip here: http://intlawgrrls.blogspot.com/2009/02/international-justice-overload.html How did the International Criminal Court (ICC) come to be? It was first contemplated in the post-World War II period as a permanent version of the ad hoc Nuremberg and Tokyo tribunals, but the political will to create such a tribunal dissipated during the Cold War. When it appeared that genocide had returned to Europe with the dissolution of the former Yugoslavia, the international community dusted off those plans and once again began negotiating for the creation of such a body. In 1998, members of the international community completed a multilateral treaty setting forth the basic contours of the Court. That treaty entered into force on July 1, 2002 with the deposit of the 60th instrument of ratification. Some basic details are available online (see law.scu.edu/ sclaw for link). It now has over 100 members.
What is the ICC’s relationship with the UN? It is an independent, treaty-based judicial body. The Security Council can trigger the Court’s jurisdiction if it determines that a particular conflict constitutes a threat to international peace. Where do the judges come from? They’re from all over the world, but they come from states that are party to the treaty establishing the ICC. According to the ICC, they must be “chosen from among persons of high moral character, impartiality and integrity who possess the qualifications required in their respective countries for appointment to the highest judicial offices.” Interestingly, there are a high number of women on the court—more than on many other international tribunals. What charges does the ICC focus on? So far, genocide, war crimes, and crimes against humanity. Eventually, the Court will exercise jurisdiction over the crime of aggression. When the ICC Statute was being drafted, the definition of the crime of aggression emerged as a sticking point in the negotiations, so states essentially punted. They left a placeholder in the treaty and are now trying to
spring 2009 santa clara law 13
“I am confident that President Obama will re-sign the ICC Statute. It is essentially costless to do so and will signal a significant break with the prior position of active opposition to the Court....I also think the U.S. is in a position to provide a significant amount of informal assistance to the Court, in the form of evidence, technical expertise, etc.” —S an ta C lara Law P rofessor Beth Va n S chaac k
come up with a consensus definition. This will have to be approved by the state parties before the Court will have jurisdiction over the crime. At the moment, the only crimes pending before the Court are war crimes and crimes against humanity. The prosecutor sought genocide charges against al-Bashir, the president of Sudan, but these were not confirmed in a recent ruling. The ICC concluded that the prosecutor had not adduced sufficient evidence that Bashir acted with the necessary genocidal intent: the intent to destroy a protected group in whole or in part. When does the ICC take action? There are three “trigger mechanisms” for the Court: a state can refer a situation to the Court, the Security Council can refer a situation to the Court, and the prosecutor can, on his own, initiate a prosecution with approval from a pre-trial chamber. With a state referral or a prosecutor-initiated case, the nationality state or the territorial state must have joined the ICC Statute. The Security Council can refer individuals from any state, regardless of membership, to the Court. (Sudan, for example, has not joined the court; nonetheless, the Security Council, exercising its Chapter VII powers, was able to initiate an investigation into the situation in Darfur.) In addition, the ICC will move forward with a case only if other relevant states (e.g., the nationality state or the territorial state) are unable or unwilling to commence prosecutions. So, if there is a genuine prosecution pending in a domestic court, the ICC should stay its hand. Can you explain the principle of “universal jurisdiction”? This is a principle of extra-territorial jurisdiction, which allows any state of the world to prosecute certain grave international crimes, such as war crimes, crimes against humanity, or genocide. It is of no moment that the prosecuting state has no connection to the defendant, the victim or the place of commission.
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What countries are currently being scrutinized by the ICC? There are four active prosecutions of defendants hailing from the Democratic Republic of Congo, the Central African Republic, Uganda, and Sudan. Apparently, there are other situations also under investigation, including potentially Colombia and Gaza. Why has the ICC focused on African countries? Three of the four of these situations were self-referrals, which is to say the states themselves asked the ICC to commence investigations into the commission of crimes within their borders. The Darfur referral is a result of the Security Council’s determination that the brutal crimes there constituted a threat to international peace. So far, the crimes in other jurisdictions that have been under consideration have not reached comparable levels of gravity and so the prosecutor has not opened a formal investigation. Why hasn’t the U.S. joined the ICC? On his last day in office, President Clinton signed the ICC Statute. President Bush did not send the treaty to the Senate for ratification; rather, he “unsigned” the treaty. There were a number of objections made to the treaty, including concerns that the prosecutor had too much power, that the lack of a jury trial rendered the Court unconstitutional under the U.S. system, there were insufficient safeguards against politically-motivated prosecutions, etc. But, in my view, the real reason is that the U.S. sees its officials and troops as vulnerable to war crimes prosecutions where we have peacekeepers or other forces abroad. Many war crimes are premised on determinations of whether appropriate levels of force were used and whether targets constituted proper military objectives. Many in the Department of Defense are undoubtedly concerned that ICC judges will interpret these doctrines differently from members of the U.S. military.
Will we join in the near future? I am confident that President Obama will re-sign the ICC Statute. It is essentially costless to do so and will signal a significant break with the prior position of active opposition to the Court. He may also submit it to the Senate for ratification, but I am doubtful that the Senate—even one that is controlled by the Democrats—will sign the treaty in the immediate future. Just re-signing the treaty, however, will enable the United States to play a more constructive role in the Court (for example, with respect to the negotiations around a crime of aggression). I also think the U.S. is in a position to provide a significant amount of informal assistance to the Court, in the form of evidence, technical expertise, etc. What is the future of the ICC? The first trial has already commenced. Other defendants are in custody, but several defendants remain at large so obtaining custody will remain a major challenge. Although the work of the prior tribunals will undoubtedly be influential as the ICC begins work, the ICC is already charting its own course. There have already been a number of first-impression decisions, as the Court begins to interpret and apply its unique statute and rules of procedure and evidence. It has also issued a number of fascinating opinions confirming the indictments before it and clarifying aspects of its jurisdiction. Court-watchers will have a lot to keep them busy as this new institution comes into high gear. How can Santa Clara law students get involved? All of the international criminal tribunals have internship programs for law students and recent graduates. Our students have done very well in these positions, so we have a great reputation in the tribunals. We also have a number of graduates working as prosecutors, judicial clerks, and defense counsel, so we have great contacts in all the tribunals.
C H ARLES BARRY
Santa Clara Law’s International Moot Court team, which included (from left) Adam Birnbaum, team coach and law professor Beth Van Schaack, Brandon Douglass, and Ann Marie Ursini, took first place at the 2009 Pace University School of Law’s International Criminal Court (ICC) Moot Competition, held in January at Pace University. (See Page 3).
Moot Court Santa Clara Law students have the opportunity to compete in international moot court competitions. This year, Santa Clara teams competed in three different international moot court competitions. Depending on student interest, Santa Clara may also send teams to other international competitions in the future. More than 500 law schools from 80 countries compete in the largest international moot court, the Philip C. Jessup International Law Moot Court Competition, involving a dispute before the International Court of Justice, the judicial organ of the United Nations. The finals are held in Washington, D.C. Considered the most prestigious international moot court, the toughest contenders are said to be from Australia, Singapore, South Africa, Argentina, and Spain. The International Criminal Court (ICC) Trial Competition begins in the U.S. with North American teams competing at Pace University, and holds international finals at The Hague. This year, Santa Clara Law’s team took first place at Pace and joined runner up Yale Law School at the finals. There they ranked fourth in a competition involving more than 100 law students from 14 countries. (See page 3). For the Concours Jean-Pictet Competition, students from all over the world resolve an international dispute in English or French. In 2004-05, the SCU team was the only team from the U.S. to compete entirely in French at the finals in Paris.
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International Law Faculty
ncluding Van Schaack and Sloss, Santa Clara Law has 18 faculty members teaching courses in international law. “Our faculty members are the backbone of our outstanding international law program,” says Dean Donald Polden. “They are active scholars and passionate teachers of this important area of law.” For complete faculty bios, publications, and more, see law.scu.edu/faculty. Professor Gerald F. Uelmen, director of the Edwin A. Heafey, Jr. Center for Trial and Appellate Advocacy, is a noted criminal law scholar who has broadened his focus to include international law. He runs the summer program in international criminal law at The Hague. He holds J.D. and LL.M. degrees from Georgetown University Law Center. Professor Jiri Toman is an internationally known humanitarian law expert who has taught in Prague at Charles University’s School of Economics and School of Law, and at the University of Geneva, George Washington University, and Universite de Franche-Compte in Besancon. For nearly 20 years, he was director of the Henri Dunant Institute in Geneva, the research and training center of the International Red Cross. Toman holds a JUDr from Charles University, Prague, and a Ph.D. from the University of Geneva. At Santa Clara, Toman teaches International Law, Legal Aspects of War, Humanitarian Law, International Organizations, and a seminar in international human rights.
Gerald F. Uelmen
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Anna M. Han
Associate Professor Anna M. Han specializes in international business transactions. She teaches Business Organizations, Chinese Trade and Investment Law, and Technology Licensing. She has directed the Hong Kong and Geneva/Strasbourg programs and is the chair of the China Law Committee of the San Francisco Bar Association. Han holds a J.D. from the University of California, Hastings College of the Law. Professor Philip J. Jimenez has directed the summer programs in Tokyo, Hong Kong, Singapore, Bangkok, and Seoul. He has consulted for the Ministries of Justice in Thailand and Korea, as well as for the Korean Legal Center in Seoul. Jimenez teaches Conflict of Laws and International Business Transactions. He created a course in which Santa Clara students negotiate a simulated technology transaction with law students in Japan. Alumnus Gerald Moore ’97 has funded the students’ travel to Japan to meet their colleagues. Moore also sponsors a program in which students compete for a summer abroad scholarship. Professor Steve Diamond holds a J.D. from Yale Law School and a Ph.D. in political science from the University of London (Birkbeck College). He was a MacArthur Fellow in International Peace and Security. Diamond teaches Globalization and the Rule of Law and Regulation of International Business Transactions. He has been involved in representing refugees including the so-called Haitian “boat people.” Diamond was a visiting scholar at Center for International Affairs, Harvard University; Center for Latin American Studies, Stanford University; Graduate School of International Relations and Pacific Studies, University of California; and Center for U.S. Mexican Studies, University of California, San Diego.
Philip J. Jimenez
International Opportunities For Students Can you distinguish between a ruse—allowed under the Law of Armed Conflict—and perfidy—not allowed? Students at Santa Clara Law had a chance this year to learn about “Means and Methods of Warfare” and other issues in international law in a free week-long intensive workshop on international humanitarian law hosted by the Center for Global Law and Policy and the International Committee for the Red Cross. This is one of many workshops, lectures, and other programs sponsored by the Center. INTERNATIONAL CERTIFICATES AND LL.M. DEGREES Santa Clara Law offers the International Law Certificate and the International High Tech Law Certificate. Both require specific courses in international or high-tech and international law, a 20-page paper, participation in one of Santa Clara Law’s summer abroad programs, and maintaining a GPA of 3.0. The school also offers an LL.M. in International and Comparative Law. Students from other countries may earn an LL.M. in United States Law. The Journal of International Law provides students an opportunity to explore legal issues in depth, as well as to hone their writing and editing skills and work closely with top scholars in international law. EXTENSIVE SUMMER ABROAD OFFERINGS Santa Clara Law has summer study abroad programs in more locations than any other law school in the nation. They include: Geneva/ Strasbourg, The Hague, Istanbul, Hong Kong, Shanghai, San Jose (Costa Rica), Oxford, Seoul, Singapore, Sydney, Tokyo, Vienna/ Budapest, and Munich. In most programs, students may apply for internships in local law offices, non-governmental organizations, and courts. Students in the Istanbul program have the opportu-
nity to work for a law firm in Dubai. Typically, around 150 students from as many as 50 other law schools participate in Santa Clara Law’s summer programs. The school also offers semester abroad programs in India, Singapore, Germany, Finland, the Netherlands, Belgium, United Kingdom (Leeds), Switzerland, and Austria. Summer or semester-long internships are available to students through various programs, and include internship opportunities at all of the international criminal tribunals. Students who are fluent in Spanish may apply for a summeror semester-long internship at the Inter-American Court of Human Rights in Costa Rica. Immersion trips to El Salvador give students the opportunity to view firsthand the legal issues in a place where hunger, homelessness, strife, corruption, and illness are so prevalent. For more information on this year’s trip and a possible alumni immersion in El Salvador, see pages 6-7. Santa Clara Law also offers lawyers and scholars from the U.S. and abroad opportunities to learn more about international law through study and fellowships. See law.scu. edu/graduate. S usa n Vo gel is a frequent contributor to Santa Clara Law.
ON THE WEB Visit law.scu.edu/sclaw for links to the podcasts of the international law symposium, and international law blogs by Beth Van Schaack and David Sloss.
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The Path to International Justice BY KIRSTEN BOWMAN ’05, who in law school earned a specialization in international law. She has worked for the International Criminal Tribunal for Rwanda (ICTR) in the Prosecutor’s Office, and at the International Criminal Court as the legal officer to the vice president of the court. Most recently, she has been the legal officer to Vice President Blattmann of the ICC. (Editor’s Note: Judge Blattmann’s term of presidential office ended in March 2009, though he remains a judge.)
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By this time I was hooked. I had always pictured myself working on human rights treaties and conventions with a goal of Bowman ’05 says she has been the prevention of profoundly affected by her travels human suffering. and those she has met along the way. However, the fascination of working with criminal statutes which brought together various legal systems of the world in order to enforce a more humane global society was too interesting to pass up. After graduating, sitting for the bar, and spending a short period of time back in Tanzania working for the Office of the Prosecutor at the Rwanda Tribunal, I eventually made my way to my current position—Legal Officer to the Vice President of the International Criminal Court charged with determining the guilt or innocence of Mr. Thomas Lubanga Dyilo, a Congolese national and the first person to go on trial at the ICC. Mr. Lubanga’s trial began this past January, though he was taken into U.N. custody and flown from the Democratic Republic of the Congo to the Netherlands in March of 2006. The Rome Statute, which governs the work of the ICC, has taken much of its structure from the statutes which govern the ICTY and ICTR, yet has some additions which the delegates of state parties who negotiated the treaty hoped would add value to the development of international P H O T O C O U RT E S Y K I R S T EN B O W M AN
itting in Bannan Hall, debating the use of the controversial legal theory joint criminal enterprise, during my second year course on international criminal law, I never imagined that a few short years later I would find myself living in The Hague and working on the team that would determine the fate of the first accused person to be brought before the International Criminal Court (ICC). As the first and only permanent court to try individuals for the most heinous global crimes—genocide, crimes against humanity, war crimes and aggression—the ICC has over 100 state parties who have ratified its treaty and as such, fall under the jurisdiction of the ICC. However, as an American, I am a citizen of a non-state party country and stood very little chance of obtaining a position at this elite court of law. Yet, with the help and support of Santa Clara Law faculty, I was able to embark on the path that has led me from California to East Africa to The Hague in the pursuit of international justice. I made the choice to attend Santa Clara University School of Law because of its strong international law program and the flexibility in curriculum which I believed would allow me to choose public international law courses in order to get as much exposure to the various areas of human rights law as possible. And, true to my hope, I was able to have my first taste of international justice before I graduated from law school, interning at the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague during the summer between my second and third years of law school. In the fall of my third year, I traveled to Tanzania to intern at the International Criminal Tribunal for Rwanda (ICTR).
criminal law. The first of these additions is the insertion of a pre-trial chamber, whose functions were envisioned to streamline cases making them trial-ready, as well as confirming the charges against the accused. The drafters hoped to ensure fairness of proceedings and increase expeditiousness with this addition. Yet, while the charges were confirmed by the pre-trial chamber in January of 2007 and the case transferred to the trial chamber, there was a concern that this trial might never happen, due to a stay in the proceedings because of disclosure problems that were not sorted during the pre-trial stage. The possibility of Mr. Lubangaâ€™s not receiving a trial, and the truth of his involvement in the conflict not coming to light, were very upsetting for the court. However, it would be even more damaging should Mr. Lubanga not be able to receive a fair trial at such a global court of justice. Thus, fairness in the proceedings was of utmost concern to the trial chamber, and I felt great privilege to be a part of that experience. Another Rome Statute addition which is new to international criminal law, is the possibility for victims to have legal representation and to participate in the proceedings. This too, remains untested and leaves the judges of the ICC with the difficult task of ensuring that fair proceedings remain untouched for the accused, while allowing for victims to have a greater role in court. While many days and nights at the ICC are spent in great frustration trying to balance tenets of the RomanoGermanic system of law with those of common law, I am often acutely aware that I may currently be experiencing the most fascinating period of my career. Where else am I able to be such an intimate part of the creation of law? I feel both a great privilege for the opportunity and great responsibility to the state parties and the drafter of the Rome Statute to carry out their intentions and to put in place a fair and expeditious system of international justice. With the difficult work of framing the parameters under which the Lubanga trial will operate behind us, the court
PH OTO C OU RTESY K I RSTE N BOWM A N
I am often acutely aware that I may currently be experiencing the most fascinating period of my career. Where else am I able to be such an intimate part of the creation of law? I feel both a great privilege for the opportunity and great responsibility.
must now focus on important matters ahead. The situation of Darfur is proving to be a complicated one. Since the ICC must often operate under conditions in which conflicts remain ongoing, this can prove difficult in terms of investigations for the prosecution as well as politically. While the court is an independent body and must make judicial decisions based on the international laws that govern us, there is often a painful reminder that decisions made judicially may have political and even life-changing impacts for people on the ground in the midst of these ongoing conflicts. This is serious work which can have serious consequences and it is important to be mindful and respectful of that. The job cannot be taken lightly. At the same time, the personal side of this life can be quite rewarding as well. I have been fortunate between my work at the Rwanda Tribunal and at the ICC to travel extensively within the European and African continents. I have learned about and experienced many different cultures. And I have worked with and become friends with people from a multitude of places. My life is forever enhanced and enriched by those relationships. In fact, my personal life has been greatly impacted by my travels and those I have met along the way. I have just adopted a little boy from East Africa and so find that not only is my professional life enriched by my work with the U.N., but my personal life is forever changed as well. Whether in my office in The Hague, poring over legal drafts and debating customary international law with colleagues from different systems of law and with different interpretations of the law, while drizzle and fog surround the building, or on the ground in East Africa attending meetings at the Rwanda Tribunal in Tanzania while working with the orphanage to adopt my son who has lost his parents to HIVAIDS which is ravaging the continent, life in international criminal law is never boring. I will always be grateful for the people who have opened doors and made this life a possibility for me. spring 2009 santa clara law 19
S A NT A C L A R A L A W
Reunion Weekend 2008 “Law Reunion Weekend was a great opportunity to rekindle friendships, celebrate classmates’ successes, and reminisce about time spent at SCU. From the initial planning discussions, to the class of 2003 bocce ball tournament, to the reception and dinner, the weekend was one to remember. I’m already looking forward to Law Reunion Weekend 2013!”
—Dori Yob, Class of 2003 co-chair
n ’73 om Simpso den, with T ol P d al on Dean D ’73. l Christison and Randal
Robert Kat z ’78 and Hon. Le onard Sprinkles ’7 8.
Santa Clara Law Professors Nancy Wright and Eric Wright, with Fariba Soroosh ’93 and Susan Lee ’93.
“The Reunion was a lot of fun, with a strong showing from the Class of ’78 and our professors. Being a co-chair was more enjoyable than expected, as it gave me a chance to connect with a lot of old friends.” —Bob Katz, Class of 1978 co-chair
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Bill Spr ua Hon Ro nce ’68, Russ Moore ’6 bert Yo nts ’68 8, John . Chessell ’68, an d
“The Law Reunion Weekend Program provides a number of great activities that bring my classmates back to campus. I enjoy volunteering with the Alumni Office to help make the weekend a success. At our 45th reunion, we had an uproarious time reliving some of our more colorful exploits while in school and later. While some of us see one another often there is nothing like reconnecting as a group. It makes the past come alive. I am looking forward to our 50th and— if we are lucky—to many more after that.” —Mary Emery, Class of 1963 co-chair
s ’03, ey Pano of. Polly H u ’03, and Pr Hs g. n o r t s Hilarie m nne Ar Margaly
“Those at the pre-party and reunion were glad to connect and exchange smiles and memories. Seeing classmates’ faces forty years later was a warm and wonderful experience. We are all very proud of the growth and excellence of Santa Clara Law.” Dean Mary Emery ’63 with classmate Leon Panetta B.A. ’61, J.D. ’63.
—Judge Robert Yonts (Ret.), Class of 1968 co-chair
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mber n ’03, A ia r a y b o Kho 3. 3, Erik assey ’0 aram ’0 , and Patti M b m a id 3 Ch Meena ri Yob ’0 ’03, Do Crothall
PHOTOS BY NAN CY M A RTI N
Is your class re tur your ca lendar a ning to celebra nd te? Mar teer for k the da your reu plan to join us te on ! n ebration E ion com mittee— ven better, volu now by reconne y nhelp pla cting wit ou can start th n e celh classm Susan M the reunion. Fo at r oore, (4 08) 551 more informat es while you -1763 o io n, con r samoo re@scu tact .edu. spring 2009 santa clara law 21
alumni 51 Hon. Robert M. Falasco B.S.
’48 was honored by his colleagues in Merced County when the courthouse in Los Banos was named the Merced County Robert M. Falasco Justice Center in his honor.
63 Hon. Peter Breen is a senior
judge for the state of Nevada, and does private mediation and arbitration. Hon. Thomas Breen retired in 2000, but works statewide in the assigned judges program and as a trustee at Gavilan Community Collge. Anthony Da Vigo is retired from the practice of public law, and is a certified instructor for caretakers and law enforcement on how to cope with persons with severe mental illness. Thomas McGlynn is retired from the practice of law, and living in Red Bluff. Leon Panetta mentions grandkids and golf as two pleasures of his life. For an update on Panetta, see story on Page 2. Hon. Tom Smith is enjoying riding his horse, reading and watching old movies in retirement.
68 John Chessell has had a small
private practice since 1999, after retiring from the Riverside County
22 santa clara law spring 2009
District Attorney’s Office. George Pifer is fully retired at age 87 and residing in a continuing care complex. He and his wife have been married 67 years. Joel Primes is in private practice after retiring from the California Attorney General’s Office in 2004. He volunteers at the Senior Legal Hotline, and does mediations there. Paul Principe is retired after a career as a deputy district attorney in the Bay Area. Ben Rishwain has a part-time law practice and does real estate development.
76 Esau Herrera BSC ’72 is back
on the Alum Rock School District Board of Education, having been elected after a three-year break from 20 consecutive years as a member. He attended school in the district as a child. His daughter, Kiara Cristina, is a freshman at SCU.
77 Hon. Virginia Marcoida was
appointed to the Sonoma County Superior Court by Governor Arnold Schwarzenegger. Previously, she served as a deputy public defender for Sonoma County since 1985. She also worked as an attorney with Porter & Dunham in Paris, France, and for the Santa Clara County Public Defender’s Office.
78 Valerie McInroy Arnesen is a
member of the tax department at McDermott Will & Emery in Palo Alto. She writes, “Probably my most significant accomplishment has been finding a way to practice law “parttime” for the last 25 years.” She was the first female attorney at Fenwick & West, and the firm’s first parttime partner. Mario Cano practices criminal and immigration law in South Florida. Cathleen Curl has practiced law at the firm of Manos & Curl in Millbrae for the past 21 years. The latest children’s book by Moira Rose Donohue is called Penny and the Punctuation Bee, starring Penny the Period and her grammar cohort. The book is geared toward 6- to 9-yearolds. Moira lives in Northern Virginia with her husband, Rob, and her two children, Peter and Rose. John Doyle has a law practice in Pasadena, where he handles governmental entity defense, insurance, products liability, business and trust litigation, and appeals. He has served on the boards of directors of several organizations, including Children’s Hospital of Los Angeles and the Pasadena Center for Children. Vernon Granneman married Mary Nadeau on March 1, 2008. They live in San Jose. Joel Harter is the presiding judge
class action on the Workers’ Compensation Appeals Board in Sacramento and an associate chief judge for Northern California. Bob Katz spends half his time volunteering for non-profits and community groups, and the rest of his time doing law and real estate projects. His wife, Leola Lapides, is retired from practicing law. She focuses on foster youth and philanthropic services, and sits on non-profit boards. Robert Kopelson is a sole practitioner representing plaintiffs in personal injury law in downtown San Jose. Virginia (Saiu) Leeper is a senior associate attorney with the Gaitan Group in Washington State where she defends clients in employment law and asbestos litigation. Paul Malikowski practices law in Reno. Casey McGlynn chairs the life sciences group at Wilson Sonsini Goodrich & Rosati in Palo Alto. His practice focuses on forming, funding, and representing medical device, diagnostic, and biotech companies. Gary O’Neill is managing director for New York Life Investment Management. Jerry Owyang is senior pastor of Cornerstone United Methodist Church in Placentia, a multi-ethnic Asian-American congregation. Nancy Palmintere is vice president of finance and director of global tax and trade for the Intel Corporation. She manages a worldwide organization of 170. Each year she flies 250,000 miles to visit Intel’s sites and to meet with government officials. Howard Peters retired after 25 years as a patent attorney and partner in private practice. He volunteers for science and legal education. Michael Spencer is a program analyst with the U.S. Department of Agriculture. Barbara Spector was re-elected to the Los Gatos Town Council. Emmett Stanton is a partner at Fenwick &
West in Mountain View, and co-chair of the firm’s securities litigation practice. Lauren Easman Strickland is in private practice as both a divorce/family mediator and as a licensed marriage and family therapist. Patti White joined Littler Mendelson after law school and is still there as a shareholder in the San Jose office. She is now semi-retired, and working part-time.
79 Stephanie West Allen was the
keynote speaker at the 2008 annual
conference of the Southern California Mediation Association. She writes a column on alternative dispute resolution for The Complete Lawyer and a book column for the ABA’s Law Practice. Kenneth Gray is included in The Best Lawyers in America 2009, recognized for his work in environmental law at Pierce Atwood in Portland, Maine. James L. Leet has been named to the 2009 list of The Best Lawyers in America, based on peer reviews. He has been recognized in the tax law
New Book Remembers B.T. B.T. Collins ’73 is remembered fondly by many Santa Clara Law graduates and faculty. On campus, he is remembered in ways that recall his fun-loving nature and his zeal for public service. There is, of course, the B.T. Collins Memorial Latrine in the Heafey Law Library and the Captain Hook scholarship given annually in his name. Both honor the alumnus who died in 1993 at age 52, while serving as a member of the California Assembly. That was just one of the many jobs Collins had during a remarkable career in public service. Now his life is honored in a new book by his sister, Maureen Collins Baker. Titled Outrageous Hero, The B.T. Collins Story, it is published by Bryce Hill Publishing. “He had such a full and colorful life packed into a relatively short time,” said Baker, a retired college professor who lives in Providence, R. I. Baker conducted more than 300 interviews while writing the book. “I wrote letters to every member of his class, asking for stories, and I heard from more than half of them,” she said. Those reminiscences are woven into the 267-page biography, with two chapters devoted to his years at Santa Clara University and its School of Law, where he served as Student Bar Association president and was commencement speaker for his graduating class. The book details how Collins lost an arm and a leg while serving in Vietnam, and his experiences in Sacramento, where he served as chief of staff to Governor Edmund G. Brown, Jr., and later worked for Governor Pete Wilson as director of the California Youth Authority.
spring 2009 santa clara law 23
class action category since 2005. Leet is chairman of the board and a stakeholder in the Business Services Practice Group at McDonough Holland & Allen in Sacramento. His practice includes all aspects of corporate, partnership and personal income tax planning. Jeff Levinson is on the board of directors of Buchalter Nemer, and he practices business litigation in the firm’s Scottsdale, Ariz., office.
80 Karl-Otto Hartmann is a
member of the board of trustees of FocusShares Trust. He has over 17 years of experience in the ETF/Fund Industry. He worked on development of the SuperTrust series of investment company derivative securities. He previously served as senior vice president, general counsel, and director at J.P. Morgan Investor Services Company.
82 James Gleason works for Santa
Clara County’s Indigent Defense System. He began working in the county’s Public Defender’s Office in 1984. He and his wife have three sons and live in Santa Clara.
83 Brian Cayton has worked in a
private civil practice, business development for Threshold Enterprises in Scotts Valley, and at Cayton Consulting. Betsy (Howe) Faber is a principal at Mercer, a human resources consulting firm, in Los Angeles. She is leader of the firm’s West Zone Defined Contribution Specialty Consulting Group. Anthony Filer is directing attorney at Community Legal Services in Norwalk. He has taught legal courses for 18 years, and teaches in the paralegal program at Cerritos Community College. He and his wife have two children. Hon. John Freeland was appointed 24 santa clara law spring 2009
to the Stanislaus County Superior Court in July by Governor Arnold Schwarzenegger. Previously, he was an associate and shareholder with the Curtis & Arata Law Firm, where he focused on personal injury litigation. Deborah Freeman does contract work for a number of Bay Area law firms. Linda Groberg is a senior deputy district attorney in Ventura County, where she works in the consumer and environmental protection division. Debbie Kovac has a criminal appellate practice, after spending several years as a federal prosecutor. She is the magistrate judge for the local court, and an instructor for the Ohio Peace Officers’ Training Academy. John McGowan retired in 2006 after nearly 30 years at HP and Agilent. He is now director of risk management for the Addison Avenue Federal Credit Union in Palo Alto. Alfred Paladino is married, with three children, and living in Truckee. He is a tax director with Deloitte Tax in the Washington National Tax Group, with a focus on multistate taxation. Bernard J. Vogel III is a shareholder and CFO at Silicon Valley Law Group, where he practices corporate and business law.
88 Elton Au is doing collection work
for public hospitals as a deputy attorney general for the state of Hawaii. Everett Billingslea is vice president and general counsel for Lynden, Inc., a transportation company. Elizabeth Buikema-Ison practices employment law for employers with the Ison Law Group in Sacramento. She also teaches employment law classes for Golden Gate University and UC Davis. Tim Casey is a partner with his wife, Jacquelyn Fuzell, in the SilverSky Group in Reno, which provides business development and intellectual property services. Evelyn Crane-Oliver
is vice president and associate general counsel for Robert Half International in Menlo Park. She supervises a team of attorneys who work on corporate governance, trademark, litigation, securities, and contracts. She is married to Michael Oliver. Nancy Geneen is an IP litigation and office managing partner with Foley & Lardner. Anne Lawlor Goyette lives and works in Burlingame with her husband and three children. She has worked in mediation and arbitration as a neutral since 1998. Kimberly Hughes works as in-house counsel for Weyerhaeuser Company in the Environmental, Health and Safety, Energy, and Litigation Group. Jake Jacobsen is an assistant U.S. attorney prosecuting violent and organized crime. His wife, Judi, is a full-time mom to their four children in Roanoke, Va. J.J. Kapp is the supervising attorney at the Santa Clara County Public Defender’s Office. He has been with the Public Defender since 1990. Estelle Kelley has practiced law, taught, and now is on the board of directors of Outrigger Enterprises. Charles Miller II is a regional sales manager for First American Title Company, Lenders Advantage in Contra Costa and Solano Counties. He lives in Lafayette with his wife and two children. Michael Price is presiding administrative law judge for the Fresno office of appeals for the California Unemployment Insurance Appeals Board. Lisa Wally is an in-house attorney for AT&T, practicing labor and employment law. S. Christine ZanelloGiordano is CEO and chairwoman of the board of directors of GCC Enterprises, Inc.
91 Douglas Moylan was elected to the senate in Guam. Previously, he had served as attorney general.
class action p r o f i l e
Santa Clara Laws alums included in Top 20 Under 40 Alums Heidi Keefe ’95 and Rodger Cole ’95 both work in IP in Silicon Valley.
C ourtesy of White & C ase
tion for high tech companies, including trade secret misappropriation, copyright infringement, and trademark infringement, as well as licensing, technology transfers, and related commercial disputes. He has also successfully defended his clients in consumer class actions. He was named a Northern California “Super Lawyer” in 2005, 2006, 2007, and 2008. Cole also makes time to mentor junior lawyers. In 2008, for the third straight year, Cole was voted by his colleagues as the "Best of Fenwick" for outstanding contributions to mentoring/training. “It is a more seasoned lawyer’s job to mentor more junior lawyers and teach them the trade,” he says. “Mentoring is tremendously rewarding, and ironically, teaching a junior lawyer to do your job frees a more senior lawyer to take on new and different challenges.” Of his time at Santa Clara Law, Rodger Cole ’95 Cole said, “Law school can never truly prepare you for a legal career, but studying at Santa Clara in the heart of Silicon Valley awakens a law student to the possibilities in the world and the very exciting companies to advise.” Courtesy of Fe nwick & West
n the 2009 San Francisco and Los of growth and learning at every stage Angeles Daily Journal list of Top of development. Mentoring therefore 20 Lawyers under the age of 40 in is critical,” says Keefe. “Not only must California, two Santa Clara Law alums young lawyers learn from the successes were included—Heidi Keefe and and failures of older, more experiRodger Cole, who both work in IP enced lawyers, but if the older lawyer and serve as mentors in their firms. is smart, she can also learn from the “IP law has been a wonderful young in terms of new technology, new career choice for me,” says Heidi ideas, and fresh thinking. Keefe ’95 (cum laude), Prior to joining an IP partner in White White & Case, Keefe & Case’s Palo Alto was a partner at another office. “The best thing leading international law about IP law is that it firm where she was cois always changing and chair of the firm’s trainalways affording me the ing program. She has opportunity to learn frequently been recognew things. I am seldom nized as a leading lawyer, bored. And, I get to play including listings in “The with fun new technolBay Area’s Best Lawyers” ogy,” she says. by Bay Area Lawyer Heidi Keefe ’95 Keefe, a registered magazine. patent attorney, represents Keefe calls her legal education clients in a variety of high-stakes patat Santa Clara “wonderful,” adding ent trials before juries and judges. A “Where I think my education took frequent author of articles and lecturer me to the next level…was in the on intellectual property protection, classes that I took with adjunct profesKeefe has taught classes at Santa Clara sors who were actually practicing the Law on IP litigation, and has lectured types of IP law that interested me. at Boalt School of Law, Stanford Tom Schatzel and Ed Taylor in particUniversity Law School, and at other ular gave me real exposure to the world locations throughout the country for of patents and patent litigation in a Law Seminars International, the ABA, way that I still recall and use today.” and the Practicing Law Institute. Rodger Cole ’95 earned his J.D. Keefe is a member of the magna cum laude from Santa Clara Founding Committee of White & Law, where he also served as execuCase LLP’s Women’s Network, which tive editor of the Computer and High works to give female lawyers access to Technology Law Journal. He is a partrole models, as well as opportunities ner in the litigation group at Fenwick for leadership, business development, & West in Mountain View, where he and mentoring. “Our profession is one focuses on IP and commercial litiga-
spring 2009 santa clara law 25
class action 92 Carol Koenig celebrated her 60th birthday in December 2008 by donating 60 hams and turkeys to Second Harvest Food Bank, mostly collected from fellow attorneys at the San Jose law firm of Wylie, McBride, Platten & Renner. Stephen McElfresh taught a seminar on human resources metrics in Bahrain and Dubai in October 2008.
93 Ricardo Echeverria is a partner
at Shernoff Bidart Darras Echeverria. Following a five-week jury trial in San Diego County, he obtained a $3.63 million verdict, $3.5 million of which was for punitive damages.
95 Matt Armanino is chief operat-
ing officer for Armanino McKenna, the largest CPA firm headquartered in California. Previously, he was executive vice president of field operations for Zebra Technologies, and COO of WhereNet, a leading provider of wireless asset management solutions. He also was senior corporate counsel at PeopleSoft. Kathi Rawnsley heads up the Palo Alto office of the venture capital firm Lowenstein Sandler. She handles mergers and acquisitions, as well as venture investment deals. Previously, she served as regional counsel for Intel Capital in Santa Clara, where she brokered a $14.5 billion deal among Sprint Nextel, Clearwire, Comcast, Google, and Intel Capital for a new generation of wireless network.
96 Hon. Raymonda K. Burnham
has been appointed to the Kern County Superior Court by Governor Arnold Schwarzenegger. Previously, she was a partner at Burnham & Winkler, and a deputy public defender
26 santa clara law spring 2009
for Kern County. Geoffrey Ezgar is a partner in the Redwood Shores office of King & Spalding. He focuses on securities class action defense and complex commercial litigation in life sciences and other areas. He also represents professional services firms in liability litigation and government investigations. He previously was a partner at Sidley Austin. Jim Filiault is corporate counsel for Vestas Americas, the U.S. subsidiary of Vestas Wind Systems A/S, the world’s largest manufacturer of wind turbines. He lives in Portland, Ore., with his wife, Megan, and two children. Barbara Hehir Olsen and her husband, Scott BSC ’92, welcomed a son, William, on April 14, 2008. He joins sister Morgan, 5. Barbara is at LaMore, Brazier, Riddle & Giampaoli in San Jose.
98 Margaret (Glenn-Scheer)
Akdeniz practices labor and employment law in her own firm in San Jose. Heather Angove is a research attorney in the Federal Public Defender’s Office in San Jose. She teaches parttime at the School of Law in advanced criminal law and federal courts and jurisdiction. Richard Dayton has a small estate planning law firm in San Jose. Lisa Byerly Dettling is division counsel for LSI Corporation, handling IP licensing and commercial transactions. Joshua Hicks is chief of staff to the governor of Nevada. Carol Freden Hubner represents abused and neglected children in juvenile dependency actions. Paul Lewkowicz has his own law practice in patent preparation and prosecution and related transactions in Massachusetts. Stephanie Pries is director of investment legal affairs for the University of Notre Dame’s Investment Office,
which manages the University’s endowment. Monica (Sanchez) Reyes works for the state of California as a judge on the Workers’ Compensation Appeals Board. Benjamin Rice is assistant secretary of legal affairs and chief counsel for the California Department of Corrections and Rehabilitation. Previously, he was deputy legal affairs secretary for the office of Governor Arnold Schwarzenegger. Anu Sarma works in-house for VMWare, Inc. Clark Stone is a litigation partner at MacPherson Kwok in San Jose, focusing on intellectual property and general business litigation. Lucy Wang is a deputy attorney general in the Business and Tax Section of the Attorney General’s Office in San Francisco.
99 Catherine Bechtel returned as a
partner at McManis Faulkner, after having recently been in solo practice. Dylan Liddiard is a partner at Wilson Sonsini Goodrich & Rosati in Palo Alto. He focuses on commercial and securities litigation, and has extensive experience litigating in state and federal courts and in major arbitration. Pallie Zambrano is an associate at McManis Faulkner in San Jose, where she practices civil litigation. She is co-president of the Northern/Central California chapter of the Pajama Program, a non-profit that collects new books and pajamas for children in shelters.
00 Erik Edwards is a partner at
Cooley Godward Kronish in Palo Alto. Jennifer Lewis is a partner at Wendel, Rosen, Black & Dean in Oakland. She works on real estate and transaction issues, including lease acquisition and disposition of commercial property, corporate formation, financing, and compliance. She works primarily
01 Laura Brown is legal ser-
vices managing attorney at the D.C. Employment Justice Center, a Washington, D.C. nonprofit which provides legal assistance to low-income workers. She married Brian Vogt in January 2008. Chad Walsh was elected to the West Valley-Mission Community College board of trustees.
ried Erin Russo BSC ’05 on March 29, 2008, in Tucson. The couple lives in Portland, Ore.
06 Akshay Verma is an associate in
the environmental law group at Farella Braun + Martel in San Francisco. Previously, he was an associate at Pillsbury Winthrop in San Francisco, where he worked with clients on California’s Global Warming Solutions Act, CERCLA, the Clean Water Act, NEPA, CEQA and the Clean Air Act.
04 Daniel Winter was promoted to the rank of lieutenant with the Santa Clara Police Department, and is a watch commander in the patrol division.
05 Brandon L. Reeves is an associ-
ate attorney with the Sacramento law firm of Ellis, Coleman, Poirier, La Voie & Steinheimer. He focuses on class actions, defense of attorneys in malpractice cases, and defense of creditors under the federal Fair Debt Collection Practices Act and Fair Credit Reporting Act. Previously he was a litigation associate with Greene, Chauvel, Descalso & Minoletti in San Mateo. David Thompson B.A, BSC ’01 mar-
ried Geoffrey Akers B.S.C. ’04 on June 8, 2008, at Mission Santa Clara. Melanie is an assistant district attorney with Santa Cruz County and Geoffrey is a financial adviser at AIG Retirement. They live in San Jose. Nia Wooliscroft joined the Lyon County, Nev., District Attorney’s Office, handling juvenile crimes. She previously clerked with Hon. David A. Huff of the Third Judicial District Court.
Your Support Helps Law Students Serve Others in Need “I have learned a lot about the family court process and the difficulties our clients face. It has been rewarding to help people who have nowhere else to turn.” —LAUREN VAZQUEZ ’09, Pro Bono Project of Silicon Valley
02 Kristina Daniel Lawson is a
shareholder at Miller Starr Regalia in Walnut Creek.
07 Melanie Albaracin B.A.’04 mar-
any law students cannot volunteer their time during the summer because they must support themselves in order to continue their legal education. But the Center for Social Justice and Public Service Summer Grant Program seeks to ensure that every Santa Clara Law student who wants to serve the public interest during the summer has the opportunity to do so. Your contribution helps place talented students in public interest and social justice Lauren Vazquez ’09 organizations as well as communities that need legal services. Furthermore, your support will enable students to follow their vocation: serving community needs for social justice. Please visit us online for more information on our program or to make a gift now: law.scu.edu/socialjustice/public-interest-and-socialjustice-endowment.cfm CHA R LE S B A R RY
with clients in the wine, food and health/fitness industries. Suzanne Yost is president of the Rotary Club of Capitola/Aptos. She has been an active member for ten years. She practiced law for two years after graduation, then returned to selling real estate, which she has done for 29 years. She is a real estate broker. She has been active in such groups as the Cabrillo College Women’s Education Success, CASA board of directors and the Santa Cruz and California Associations of Realtors.
spring 2009 santa clara law 27
class action obituaries 51 Samuel D. O’Brien, Sept. 4, 2008. He worked first as an attorney in the Santa Clara County District Attorney’s Office, then practiced law for many years at the firm of Merchant and O’Brien. He was a former president and director of the Almaden Golf and Country Club. He enjoyed golf, flyfishing and world travel. He is survived by his wife, Barbra, four children, and three grandchildren.
58 John Pope, June 29, 2008. A
native of Morristown, N.J., he served in the U.S. Army in South Korea, and received his undergraduate degree from Princeton University. He had a private practice in San Jose, and served as a judge pro tem. He is survived by three children and seven grandchildren.
63 Frank Marvin Moore, Oct. 27,
2008. Raised in Halsey, Ore., he served in the U.S. Air Force for four years, then graduated from San Jose State. He served as a deputy sheriff in Santa Clara County. He practiced law for over 30 years in Long Beach as a general practitioner. He received numerous awards for his legal work,
and often represented clients pro bono. After retiring, he served as a judge pro tem in Tucson, Ariz. He is survived by his wife, Barbara, one son, and one grandson.
70 Robert F. Mirque Sr., March 20,
2008. He was a fighter pilot in the U.S. Air Force, a veteran of the Korean War, and a graduate of St. John’s University. He was an accomplished pilot and flight instructor, an avid fly fisherman, and world traveler. He is survived by his best friend, Jan, and five children.
71 Jerome Lee Heacock, Nov. 6, 2008. He received a bachelor’s degree from San Jose State, and was a paratrooper in the U.S. Army. He was a real estate broker in Salinas. He had a lifelong passion for the rule of law, and learning about history, politics and computers. He is survived by his wife, Sumi, two daughters, and two brothers.
73 Marshall Gregory, April 24, 2008. He followed his father and brother into military service after graduation from the U.S. Naval Academy in 1942. He spent 21 years in the Marines, serving in World War II and Korea. He also worked for Lockheed in Sunnyvale. He
Send Us Your News!
anta Clara Law is proud of all its graduates, and we want to celebrate your personal and professional milestones. Send us a class note—it is a great way to keep in touch with the law school and your fellow alumni. Please be sure to include your class year, and don’t forget to update your contact information if needed. Email your news to email@example.com, fax it to 408-554-5201, or send it to Law Alumni Office, Santa Clara University, 500 El Camino Real, Santa Clara, CA 95053.
28 santa clara law spring 2009
is survived by his wife, Helen, five sons, and eight grandchildren.
73 Patrick F. O’Laughlin, Nov. 9,
2008. A San Jose native, he received his undergraduate degree from the University of California, Berkeley. He worked for several local law firms during his 20 years of practice, including Glenn & Barrett, where he began in criminal defense, and then practiced civil law and personal injury with Morgan, Hammer, Beuzay, Ezgar & Bledsoe, and then Ezgar & O'Laughlin. He served on the Los Gatos Planning Commission. In 1992, he was elected to the Town Council of Los Gatos, and served as its mayor in 1995. He is survived by his wife, Margaret, three children, his father, three brothers, and four sisters.
78 Stephen Fischel, June 28, 2008.
He spent 31 years with the U.S. State Department. He received the American Immigration Law Foundation’s Distinguished Public Service Award in 2006 and was on the American Immigration Law Foundation’s board of trustees.
81 Frank C. Cunningham, Aug. 1,
2008. A San Bernardino native, he was a graduate of the University of California, Berkeley. He was a partner at the San Jose law firm Gavin, Cunningham & Hunter, where he practiced primarily insurance defense litigation during his 27-year career. He is survived by his wife and two children.
90 Robert D. Hansen, March 21,
2008. A native of Patterson, he spent several years in business pursuing governmental affairs interests before earning his law degree. He is survived by his wife, Elizabeth, and three children.
closing arguments The Practice of Law in an Era of Globalization by david sloss, Professor of Law and Director of the Center for Global Law and Policy at Santa Clara Law
lobalization is a fact of life. I can communicate almost instantaneously with colleagues in Europe, Asia, and South America. I am writing this essay while traveling on an airplane at an altitude of more than 30,000 feet. The laptop I am using incorporates hardware and software that was probably designed and/or manufactured by engineers working on three or four different continents. The fact of globalization inevitably influences the practice of law. A current student who graduates in 2010, and who expects to practice law for the next 30 or 40 years, is virtually certain to confront legal problems requiring the application of international or foreign law. In this era of globalization: • Corporate lawyers routinely draft contracts for transnational business deals requiring application of international legal rules governing shipment of goods, taxation of income, and many other details. • Litigators who handle disputes arising from such contracts must be familiar with procedural rules governing international arbitration because that has become the standard method for resolving disputes involving international commercial transactions. • Criminal defense lawyers must know something about international law to defend clients whose status as foreign nationals entitles them to certain rights under bilateral and multilateral treaties.
Family lawyers routinely handle divorce cases and child custody disputes that require knowledge of foreign or international law because one or more family members have strong ties to other countries. • The list goes on. Ironically, the importance of international law for practicing attorneys is really a return to our roots, not a departure from traditional norms. In the 18th and 19th centuries, international law was an essential component of every lawyer’s professional training. In 1900, the U.S. Supreme Court famously declared in The Paquete Habana that “international law is part of our law.” Given the broad consensus that international law was part of U.S. law, and since every lawyer was expected to be familiar with U.S. law, there was general agreement that familiarity with the key principles of international law was an essential component of the knowledge base of every practicing attorney. Legal training and legal practice changed significantly during the 20th century. Legal training shifted from an apprenticeship model to a classroom model. Law schools throughout the United States adopted a standardized curriculum that did not include international law as a core requirement. Judges and legal practitioners who knew very little about international law turned to more familiar domestic legal sources to resolve problems that previously might have been resolved
by applying international legal rules. The legislative, executive and judicial branches erected legal “walls” to insulate the domestic legal system from the effects of international law. The legal walls erected in the th 20 century will not withstand the onslaught of globalization. For the reasons noted above, international law now exerts varied and growing influence over our domestic legal system. Thus, it is imperative for the U.S. legal community to rediscover its 19th century roots and ensure that every practicing attorney receives a basic education in the fundamental principles of international law. Santa Clara Law offers its students a broad spectrum of opportunities, both inside and outside the classroom, to learn about international and foreign law. The curriculum at SCU includes a wide variety of classes related to international and comparative law. We offer more summer abroad programs than any other law school in the United States. Most of our summer abroad programs include an internship component, thereby enabling students to gain practical experience working in a foreign legal environment. Interested students can spend a semester studying abroad at a foreign law school, or doing an externship overseas with an international court or tribunal. These and other programs help ensure that future SCU alumni will be prepared for the practice of law in an era of globalization.
spring 2009 santa clara law 29
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law.scu.edu/sclaw Santa Clara Law lawyers who lead
Law Alumni Celebration of Leadership and Achievement Congratulations to the four leaders honored this spring.
Alumni Special Achievement Award Recipients The H onor a ble J e a n H igh W etenk a mp ’76 retired in 2009 after a long career in criminal law, including 12 years as an assistant D.A., and 20 years as a judge in Santa Clara County. She is well known in the local legal community for her handling of some of the area’s toughest criminal cases with the utmost fairness and professionalism. W. D av id P. C a r ey III ’81, MBA ’82, is president and CEO of Outrigger Enterprises, Inc. Under his leadership, Outrigger has become one of the largest and fastest growing privately held leisure lodging and hospitality companies in the Asia Pacific and Oceania regions, and its presence continues to expand throughout the area.
Edwin J. Owens Lawyer of the Year R ona ld H. M a lone ’71, a partner at Shartsis Friese in San Francisco, is one of the nation’s leading fiduciary litigators. Representing the interests of donors and charitable trusts in some of the nation’s largest and most important cases, he is especially respected for his work in the field of donor intent.
Santa Clara Law Amicus Award (Awarded to an individual who is not an alum yet supportive of Santa Clara Law)
L a r ry W. S onsini , Chairman of Wilson Sonsini Goodrich & Rosati, has been described by Fortune magazine as “the most important lawyer in the most important industry for the past 30 years.” Since 2003, he has served SCU as a trustee and Santa Clara Law as a member of the Dean’s High Tech Advisory Council.