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School of Law

Annual Report 2008-09


Table of Contents Students

Teaching

Admissions

page 3

Faculty

Moot Court

page 4

Theory and practice

Academic Success Program page 5 Lincoln Writing Contest Law student awards

page 9 page 10

Symposia and Continuing Legal Education page 11

page 6 New faculty

page 12

Mary Rudasill retires

page 13

page 7

Scholarship Service

Community

Nashville in Africa

Friendships and balance page 27

Law Journal Symposium page 16

Veterans’ Legal Assistance Program page 21

Health Policy Institute

Clinical Programs

page 15 page 16

page 22

JD/MD student wins Fulbright Scholarship page 17

Faculty service highlights page 23

American College of Legal Medicine honors Marshall Kapp

Visitor in Health Law Public Service page 17

Faculty Publications

page 18

Student service highlights page 24

Barbara Lesar honored for service

page 25 page 25

Law school hosts 5th District Appellate Court page 28 Law school’s first U.S. Supreme Court bar group admission ceremony page 28 Class Notes

page 29

Hiram H. Lesar Distinguished Lecture

page 32

Dr. Arthur Grayson Distinguished Lecture

page 32

John & Marsha Ryan Bioethicist-in-Residence page 33 William L. Beatty Jurist-in-Residence

page 33

Vision and commitment page 34 Writers Unless otherwise noted, news items were written by Pete Rosenbery, SIUC University Communications, and edited by Alicia Ruiz

Photographers Russell Bailey, SIUC University Photocommunications Steve Buhman, SIUC University Photocommunications Eric Johnson; Barbara Smith; Bobby Samat Cover images CC by Jim Sneddon and Katie Tegtmeyer

Designer Graphic design by Rose Weisburd, SIUC Printing and Duplicating

Contributors Barbara Smith, Publications Assistant, SIU School of Law Elizabeth O’Neil, Director of Alumni & Annual Giving Judi Ray, Constituent Development Officer Alicia Ruiz, Director of Communications and Outreach

page 36

Barbara Lesar 90th Birthday Celebration page 38 Founder’s Medal

page 38

Spring Commencement page 39 Summer Programs

page 40

Printed by the authority of the State of Illinois 08/09 7M 92005

Honor Roll


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Dean’s message I am pleased to share our 2008–09 Annual Report with you. It tells the story of a very busy year in the life of our institution, one that included a November 2008 ABA accreditation site inspection; a year-long celebration of the Lincoln bicentennial that was highlighted by the presentation of a bust of Lincoln (titled “Prairie Lawyer — Master of Us All”) to the school by the ISBA on February 12, 2009; and, in March 2009, a ninetieth birthday party for Barbara Lesar, the “first lady” of the law school and the recipient in May of SIUC’s prestigious Distinguished Service Award. These and many other special events and activities are described in the pages that follow. But 2008–09 was about more than events, it was about the law school’s continuing commitment to excellence in priority areas identified by the law school community through the self-study process conducted prior to our site inspection: students, teaching, scholarship, service, and community. This report is organized to focus on each of these critical areas. The 2009–10 academic year promises to be no less busy and exciting than the year described in this report. Please make plans to join us at football tailgates, alumni receptions, lectures, and other special events hosted by the law school throughout the year. On a personal note, after almost a quarter-century of service to the School of Law, it is both my honor and my pleasure to accept the responsibilities of one more position, that of interim dean, in 2009–10. Knowing the affection and support for the law school that is the hallmark of our faculty, staff, students, alumni, and friends, I am confident that the year will be marked by progress and achievement.

Frank G. Houdek


2

We strive for a highly-qualified, diverse student body from across the country and from all walks of life. Small by design, SIU School of Law has one of the lowest student-faculty ratios in legal education. Our professors and administrative staff maintain an open-door policy for students, providing mentoring and opportunities for individualized feedback. Our academic success program paves the way for high student achievement in the classroom and on the bar exam.

Students


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Recruitment Events 08-09 Arizona State University – Tempe, AZ Bradley University – Peoria, IL Brigham Young University – Provo, UT Chicago State University – Chicago, IL DePauw University – Greencastle, IN Eastern Illinois University – Charleston, IL Georgia State University – Atlanta, GA Howard University – Washington, DC Illinois College – Jacksonville, IL Illinois State University – Normal, IL Indiana University – Bloomington, IN LSAC Forum – Atlanta, GA LSAC Forum – Chicago, IL Lambuth University – Jackson, TN Lewis University – Romeoville, IL Miami University – Oxford, OH Michigan State University – East Lansing, MI MINK Law Day – Overland Park, KS Morehouse College/Spelman College/ClarkAtlanta University – Atlanta, GA Murray State University – Murray, KY Purdue University – West Lafayette, IN Saint Louis University – Saint Louis, MO Southern Illinois University – Carbondale, IL Southern Illinois University – Edwardsville, IL Tennessee State University – Nashville, TN University of Arizona – Tucson, AZ University of Illinois Champaign Urbana – Urbana, IL

Admissions work is never done staff to start recruiting the next The Office of Admissions year’s class. and Financial Aid kicked off another busy year with OrienThis past year’s recruitment tation for incoming first-year schedule included visits to over students. The Orientation 30 locations (listed at the left). Program, which Although most takes place over 3 Midway through of these events half days, is a mix were attended by of introductions, the year, Akami Admissions staff, overviews, book Dean Alexander, buying, and even Marik... accepted faculty and alumni the first class in also helped out at Lawyering Skills. the position of forums and events all across the With so much Director of country. new information to absorb, Admissions Midway through students are asthe year, Akami signed to a study & Financial Aid Marik, who had group led by a worked in the OfTaylor Mattis Fellow (named fice of Admissions and Financial after Emeritus Professor Taylor Aid as a Field Representative Mattis). Students meet with since 2005, accepted the positheir groups during Orientation of Director of Admissions & tion, and continue to meet Financial Aid. throughout the first year of law school. Before coming to the law school, Marik worked as an undergraduBy the time the new students ate admissions counselor and are settled into their classes, was responsible for student it’s already time for Admissions orientation, transfer, and reten-

tion programs. Prior to higher education, Marik worked as a program manager at the Sprint World Headquarters where she wrote Request for Proposals (RFP) and implemented process improvement plans for various government agencies. She has a Masters degree in College Student Personnel. One of the recruitment efforts that has grown during Marik’s tenure at the law school is a series of Open Houses held during the spring semester for students who have been admitted to the law school, but have not made their final decision about which law school to attend. The Open Houses are designed to provide admitted students with the opportunity to meet and interact with faculty, current students, and staff members, as well as other admitted law students.

Akami Marik

Entering Class 2008 Admissions Statistics Applications

802

Matriculated in 2008

112

LSAT 75th percentile

156

UGPA 75th percentile

3.63

Median Age

24

Men

66

University of Southern Indiana – Evansville, IN

Women

46

University of Utah – Salt Lake City, UT

Illinois residents

87

Non-Illinois residents

25

Colleges represented

49

University of Kansas – Lawrence, KS University of Missouri – Saint Louis, MO

University of Wisconsin –Madison, WI Washington University – Saint Louis, MO Western Illinois University – Macomb, IL

Taylor Mattis Fellows at Orientation

More information on SIU School of Law admissions is available at http://www.law.siu.edu/admissions.asp


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Moot Court … Continuing the Tradition Almost from its beginning, the SIU School of Law has helped students hone oral argument and brief-writing skills as they prepare to compete in moot court competitions. This year was no exception. Our students spent long hours preparing and then demonstrating their skills at several competitions across the country. The first event of the year, before teams began preparing for national competitions, was the SIU Intramural Moot Court Competition, which took place over two weeks and culminated with the SIU Intramural Champions being announced on Saturday, October 4. The competition was won by the team of Robert Creighton and Eric Rakestraw. Second place was won by the team of BJ Pupillo and Gerald Smith. The Best Brief award went to Robert Creighton and Eric Rakestraw, with Second Place Brief going to Ken Eihusen and Kelly Giraudo. Steve Boling was named the competition’s Best Oralist,

with Gerald Smith and Joshua Severit placing second and third, respectively. Two law student teams competed in a new asylum law moot court competition in Sacramento, CA, in February. The 2L team members were Steve Boling, Brian Crockett, and Danielle Macaluso. The 3L team consisted of Trevor Bruggraff, Regina Moreland, and Michael Oltmann. Associate Professor Cindy Buys coached the teams and reports that, although the students did not advance to the final rounds, they performed very well. Regina Moreland won third best oralist overall. Two teams competed in the McGee National Civil Rights Moot Court Competition held March 5-7 at the University of Minnesota School of Law. The 3L team members were Jason Gourley, Brian Harvey, and Seth Hicks; the 2Ls were Robert Creighton, Elizabeth Dahlmann, and Eric Rakestraw. Forty teams from over twenty schools competed. Both teams did well, going

Members of the 2008-09 Moot Court Board at their Awards Ceremony

3 and 0 in the preliminary rounds, and earning the top two seeds in the Round of 16. After winning in the Round of 16, both teams lost close quarter-final rounds. The 2Ls lost to the eventual champions, and the 3Ls lost by a net total of one point on the three judges’ ballots. In addition, Rob Creighton was third best oralist both in the preliminary rounds and overall, and Brian Harvey ranked fourth best oralist overall. The teams were coached by Professor Paul McGreal. Students also competed in the regional round of the ABA National Appellate Advocacy Competition held in St. Louis in March. The 2L team members were BJ Pupillo, Josh Severit, and Andrew Kyle Shadowens; the 3L team members were Joseph Baczewski, Daniel Cockrum, and Michael Wurl. The teams were coached by Professor Leonard Gross. The Moot Court Board closed out its national competition season by participating in the Federal Bar Associa-

Asylum law moot court teams with faculty coach Cindy Buys

tion Thurgood Marshall Moot Court Competition in Washington D.C. on March 19-20. SIU sent two teams, 2Ls Kylee Jordan and Nikki Grashoff and 3Ls Amanda Horner and Kyle Mardis. Both teams argued very well, and Amanda and Kyle finished as the Second Runner Up Team. Amanda and Kyle also were awarded Third Place Brief. The teams were coached by Associate Professor Cheryl Anderson. In addition to competing themselves, many students and faculty helped with this year’s National Health Law Moot Court Competition held at the SIU School of Law in November. In particular, Trevor Burggraff, Chief Justice of the Moot Court Board, and Seth Hicks, Associate Justice, along with the other members of the SIU Moot Court Board, worked very hard to administer this successful competition. Together, their efforts helped make this an event of which the School of Law can be extremely proud.

McGee National Civil Rights moot court teams with faculty coach Paul McGreal


5

Academic Success Program

SIU bar pass rates exceed state average Illinois Bar Pass Rates July 2008 First-time pass rate

Overall pass rate

94.5

93

94

92

SIU

93.5

91

94%

93

90

92.5

89

92

Statewide

91.5

92%

91

SIU

92%

88

Statewide

87

88%

86

Feb 2009 First-time pass rate

87.5 87 86.5 86

Overall pass rate

76 75

SIU

74

87%

73

85.5

72

85

71

84.5 84

75%

70

83.5

Statewide

83

84%

82.5

SIU

69 68

Statewide

67

69%

66

SIU School of Law’s bar pass rates exceed the average for both first-time and overall test takers in Illinois. Missouri pass rate was 100%. In Missouri, 11 graduates took the exam in July 08, and all passed.

The Academic Success Program, which was started in 2005, provides opportunities for students to master the skills of legal analysis needed to succeed in law school. All 1L students are in a first-semester, first-year study group of 8-10 students, led by a Taylor Mattis Fellow. The Fellows help 1Ls learn about law school classes, grading, and exam protocol; and offer one-to-one feedback on briefing, outlining, and other skills necessary for success. Students also have the chance to join optional second-semester study groups that focus on reviewing material and preparing for exams. Assistant Professor Suzanne Schmitz, the program director, helps students with essay writing and multiple choice strategies and maintains a library of study aids for student use, among other services.

Support continues past graduation with a free bar preparation program including workshops and simulated essay exams that enhance the preparation that students receive through commercial bar courses. “SIU grads are performing very well on the bar exam, and that includes students in the top and bottom halves of the class. This high performance is due to their hard work and to two other factors. First, thanks to the work of the Academic Success Program starting their first year, students are mastering test-taking skills earlier. Second, we are giving grads lots of chances to write essays and receive feedback during the bar review class and this practice enhances their confidence as they enter the exam,� said Schmitz.

We are giving grads lots of chances to write essays and receive feedback during the bar review class and this practice enhances their confidence as they enter the exam.


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Student Award Recipients Lincoln Writing Contest President Lincoln, the Lawyer As a part of the School of Law’s celebration of the bicentennial of the birth of

Excerpts from the 1st place essay by Tara Renaud. The full essay will be published by the SIU Law Journal in its Survey of Illinois Law issue. Lincoln chose not to change his manner of dress

He turned down a profitable partnership in

President Abraham Lincoln this year, the

to fit his new occupation. His typical attire was

Chicago in 1852 for no other reason than “the

law school sponsored a Lincoln Writing

a “dusty black frock coat [and] dirt-splattered

close application required of him and the

boots.” His tie was normally slightly crooked,

confinement in the office … would soon kill

and he did little to tame his “mop of unruly black

him.”5 Instead he chose to “ride the circuit”. The

Contest for all law students. The theme

1

for the contest was “President Lincoln,

hair.” Clothing hung off his tall frame. Lincoln 8th judicial circuit was “120 miles long and 160 used his stovepipe hat as an extension of his office miles wide ranging from Springfield to Indioften carrying his memo book and bank books in ana.”6 Towns that did not generate sufficient tax

the Lawyer.” Students were asked to write

his hatband.3 In one instance Stuart send Lincoln

about any aspect of Lincoln’s legal career or his impact on the legal profession or

2

dollars to have their own courthouse and judges

to meet a client “who thought Lincoln looked like

relied on lawyers and itinerant judges who rode a country rustic on his visit to a circus” and in turn the circuit, stopping at county seats, to litigate hired a different attorney.4 … cases.7 … Riding the circuit was a difficult way to earn a living, but for some necessary. The roads

law in general. The essays were judged by a

The judges were:

were muddy, sometimes so bad that carriages

blue-ribbon panel of lawyers from around

Robert Craghead, Executive Director of the Illinois State Bar Association

could not be used, and people instead went by

the state.

Rick Hobler, President of the Logan County Bar Association in Lincoln, IL

simple. They slept where they could find shelter;

Thomas Johnson, partner in the Rockford, IL, firm of WilliamsMcCarthy, LLP. He is also a Regent of the Lincoln Academy of Illinois.

a bed, 8 to a room for possibly 3 weeks.9 Riding the circuit was said to offer a new attorney more

Doug Lind, SIU Law Library Director and Associate Professor of Law

an office.

Gayl Pyatt (’76), retired attorney from Pinckneyville, IL, and Vice Chancellor of the Lincoln Academy of Illinois Lincoln Writing Contest winners, from left: Tara Renaud, 1st Place, $5,000; Erin Leindecker, 2nd Place, $2500; Leslie Oltmann, 3rd Place, $1000.

Hon. James Wexstten (’76), Illinois Appellate Court Justice from the Fifth Judicial District

horseback.8 The food and accommodations were be it farm houses or villages inns, sleeping 2 to

experience than he could get within 10 years in

Brian Dirk, Lincoln the Lawyer 15 (University of Illinois Press) (2007) Carl Sandburg, Abraham Lincoln: The Prairie Years and the War Years 61 (1970)


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Registered Student Organizations (08-09) Alternative Dispute Resolution Student Society Asian American Law Students Association Black Law Student Association Christian Legal Society Decalogue Society Employment and Labor Law Association Environmental Law Society Equal Justice Works The Federalist Society Hispanic Law Student Association Intellectual Property Society J. Reuben Clark Law Society International Law Society Justinian Society Law and Medicine Society Law School Democrats LEGALSS (Lesbian and Gay Law Students and Supporters) Military Law Society Phi Alpha Delta (PAD) Phi Delta Phi Law School Republicans Sports Law Society Student Bar Association Women’s Law Forum

Law student earns ISBA public service award “After visiting SIU, I knew that the school would be a great fit for me,” she said. “I was impressed with the school’s mission

Rick Garcia (3L), pictured, and Sherrell Forbes (1L) were awarded Illinois Judicial Council Foundation Scholarships. Applicants were evaluated in the following areas: Academic Achievement, Honors & Awards, Community Activities, Extracurricular Activity, Financial Need, Recommendations. David Zipp (2L) was awarded the Illinois Government Bar Association Scholarship. This is the third scholarship to be awarded by the Illinois Government Bar Association, and the first to be awarded to a student from SIU School of Law. The Association serves public interest attorneys throughout Illinois.

statement: ‘Established in the public interest — serving the public good.’”

The Illinois State Bar Association in June recognized a second-year law student in the SIU School of Law for her extensive public service-related activities and academic achievements. Andrea R. Taylor is the 2009 recipient of the ISBA Law Student Division’s Public Service Award. Taylor, who is from St. Louis, will graduate in May 2010. She is the daughter of William and Jennifer Taylor of St. Louis. Taylor is extensively involved with several non-profit organizations in the region. She works in the law school’s Self-Help Legal Center and the Domestic Violence Legal Clinic, and volunteers at Land of Lincoln Legal Assistance Center. Associate Professor Cindy Galway Buys nominated Taylor at the recommendation of the law school’s awards committee. Buys noted Taylor is very hard working, compassionate, dedicated and smart. In an accompanying nomination letter to the ISBA, Taylor wrote that she participated in the law school’s Immigrant Detention Center Project at the Tri-County Justice and Detention Center in Ullin. Volunteer law students, faculty, and translators conduct intake interviews of Immigration and Customs Enforcement detainees to assess their legal needs.

She is also an active member of Equal Justice Works, the Women’s Law Forum, and International Law Society. “I was frustrated because a lot of our clients needed legal assistance for their Orders of Protection and other legal matters, but there were not enough lawyers to go around. Every person is entitled to justice, not just those who can afford it,” she said. “People living in poverty are especially prone to be taken advantage of.” “After visiting SIU I knew that the school would be a great fit for me,” she said. “I was impressed with the school‘s mission statement: ‘Established in the public interest — serving the public good.’ I was also very excited about the prospects of working in the domestic violence clinic on campus.” Public interest law is where she belongs, Taylor said. Her involvement with the Self-Help Legal Center, the Domestic Violence Legal Clinic, and the immigration detention project “continue to reaffirm that public interest law is the right path for me,” Taylor said. As a part of the award, the non-profit Women’s Center in Carbondale will receive a $250 donation from the ISBA in Taylor’s name.


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Teaching

We choose faculty who teach well, love the classroom, and place high expectations upon themselves and their students. We value educational innovation and strive to implement the best of theoretical and experiential teaching in our classroom and clinical environments. Our goal is to teach our students to become independent learners who know how to analyze and solve problems for a lifetime of practice. Our classrooms are equipped with the latest teaching technologies. Our nationally-ranked Lawyering Skills program and ABA Gambrell Awardwinning Professionalism Series bridge the gap between theory and practice and prepare our students to function effectively as professionals.


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Full-time Faculty 08-09 Academic Year Leonard Gross

Alice M. Noble-Allgire

Associate Professor of Law

Professor of Law

Professor of Law

Peter C. Alexander

Jill E. Adams

Frank G. Houdek

Rebecca O’Neill

Dean Professor of Law

Associate Dean for Academic Affairs Professor of Law

Clinical Professor of Law

Cheryl L. Anderson

Marshall B. Kapp

Acquisitions/Catalog Librarian Assistant Professor

W. Eugene Basanta

Garwin Distinguished Professor of Law and Medicine Co-Director, Center for Health Law and Policy

Southern Illinois Healthcare Professor of Law Co-Director, Center for Health Law and Policy

Mark R. Lee

Associate Professor of Law

Christopher W. Behan Assistant Professor of Law

Keith H. Beyler

Professor of Law

Cornelius A. Pereira

R. J. Robertson, Jr. Professor of Law

Mary C. Rudasill

Sue Liemer

Associate Professor of Law Director of the Clinical Program

Associate Professor of Law Director of Lawyering Skills

Suzanne J. Schmitz

Douglas W. Lind

Assistant Professor of Law Coordinator of Academic Success Program

Visiting Assistant Professor of Law

Director of the Law Library Associate Professor of Law

William A. Schroeder

Thomas C. Britton

R. Hokulei Lindsey

Professor of Law

Mark Brittingham

Associate Professor of Law Director of Graduate Legal Studies

Cindy Buys Associate Professor of Law

William A. Drennan Assistant Professor of Law

John Erbes Clinical Associate Professor of Law

Assistant Professor of Law

Melissa J. Marlow Clinical Associate Professor of Law

Patricia Ross McCubbin Associate Professor of Law

Paul E. McGreal Professor of Law

Michele Mekel Associate Professor of Law

Professor of Law

Mark F. Schultz Assistant Professor of Law

Sheila Simon Clinical Associate Professor of Law

Candle Wester-Mittan Access Services Librarian Assistant Professor


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Theory and practice Thinking and acting like a lawyer

While the Socratic, case-dialogue method remains central to legal education, skills training, a longstanding hallmark of the educational experience at SIU School of Law, is increasingly recognized as imperative to the successful training of lawyers who can apply legal thinking to the complexities of the practice of law. The activities highlighted here are just a few from the past year that demonstrate our ongoing commitment to educating lawyers who have the knowledge and skills necessary to serve the public as adept professionals.

Professional Development

Lawyering Skills

Legal Clinic

The Class of 2011 began working in September to draft their Statement of Professional Commitment, which they then took an oath to uphold during the seventh annual Induction Ceremony. The formal ceremony, which took place in early October, is one of a series of Professional Development Workshop activities throughout the year. The students were assisted in their oath drafting by local attorneys and judges who met with the students in small groups to discuss the issues and challenges of legal practice.

Starting at Orientation, Lawyering Skills faculty begin teaching first-year students the foundational skills of case analysis and briefing before they are fully immersed into their case-dialogue classes. Building one skill upon another (research, writing, interviewing, counseling), by the end of their first year students will have prepared a trial-level motion, negotiated, written an appellate brief, and delivered an appellatelevel oral argument.

After developing their skills through practice with simulated cases in Lawyering Skills and courses like Trial Advocacy, law students are able to apply those skills toward the service of real clients in the Legal Clinic. See page 22 for more information about the Clinical Programs.

As citizens, we will promote justice and reinforce the public’s trust in the rule of law in all that we do. -from the Statement of Professional Commitment written by the class of 2011 for their Induction Ceremony, administered as an oath by Illinois Supreme Court Justice Lloyd A. Karmeier

“That is the challenge for legal education: linking the interests of legal educators with the needs of legal practitioners and with the public the profession is pledged to serve.” From the report of The Carnegie Foundation for the Advancement of Teaching, “Educating Lawyers: Preparation for the Profession of Law”


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Symposia and Continuing Legal Education In addition to their regular teaching duties, faculty shared their love of teaching and their enthusiasm for their research by organizing symposia, hosting speakers from across the country, and teaching continuing legal education programs. Over 50 hours of low-cost continuing legal education hours were offered to practitioners throughout the year.

Military Service & the Law – CLE program A symposium was held on February 20 for attorneys interested in providing pro bono legal services to active military personnel, their families, or veterans.

John F. Lynn, the law school’s assistant dean for administration, said that while the law school program continues its focus on disability claims, the conference is a chance to recruit attorneys to handle claims on a variety of other issues affecting veterans outside of disability compensation. Some of the topics the conference explored were the Uniformed Services Employment and Re-employment Rights Act, family law issues, and the Servicemembers Civil Relief Act. “What we hope to do at the end of the conference is not only solidify training for attorneys, but finalize training for the volunteer student case managers who will all be in attendance,” Lynn said. “This is an opportunity for them to talk with practicing attorneys and network in the area of veteran benefits.”

Students, faculty, and practitioners attend interdisciplinary programs, like “Contemporary Issues at the Intersection of Public Health and Environmental Law” (shown above) that are offered for CLE, each bringing their own perspective to the exchange of ideas. These kinds of services were not offered to veterans returning home from Vietnam, said Lynn, a retired major in the U.S. Marine Corps with more than 20 years military service. “There was no such thing; they were told, ‘Come home. Hang up your uniform. Forget about it,’“ Lynn said. “Times have changed and, I believe, for the better.

Lincoln Bicentennial CLE In recognition of the 200th anniversary of Abraham Lincoln’s birth, the law school offered CLE programming that included “Lincoln’s Suspension of Habeas Corpus: Historical Antecedent to Modern Controversies” taught by Professor Paul McGreal; “Habeas Corpus: Nuts & Bolts” taught by Professor William Schroeder; and sections from ISBA’s video Lessons in Professional Responsibility from the Illinois Law Practice of Abraham Lincoln moderated by Dean Peter Alexander. During a break, CLE attendees, law students, faculty, and staff gathered for the ISBA’s presentation of the sculpture of Lincoln.

ISBA chose the SIU School of Law as one of eleven recipients of a limited edition maquette of the bronze bust which is designed to depict Lincoln during his time as a practicing attorney in Illinois. The sculpture, created by John W. McClarey, is entitled “Prairie Lawyer — Master of Us All.” The phrase is taken from “Abraham Lincoln Walks at Midnight,” a 1914 poem by Vachel Lindsay. The original sculpture was given to the Illinois Supreme Court. The maquette will be permanently displayed in the SIU School of Law Library.

ISBA Past President Irene Bahr presented the bust to the law school during its Lincoln Bicentennial Celebration on Lincoln’s birthday, February 12. Bahr is shown above with SBA President Regina Moreland, who thanked the ISBA on behalf of a new generation of lawyers.


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Faculty Three new faculty join law school Members of the law school’s personnel committee kept busy this past year with their charge to hire new faculty. After a busy fall spent reviewing applications, reading scholarship, and interviewing candidates, three new assistant professors of law were hired.

Ford & Harrison. His experience also includes nearly four years as an associate with Atlanta-based King & Spalding LLP as part of the firm’s special matters and government investigations team, representing corporations and assisting in trial preparations.

Lucian E. Dervan and Tracie R. Porter will begin teaching duties this fall, and Michele L. Mekel, who taught this past year at SIU as a visitor, will continue to teach, now as a tenure-track member of the faculty.

Dervan earned his law degree from Emory University School of Law in Atlanta in May 2002, ranking in the top five percent of his graduating class. His pro bono efforts include work with Habitat for Humanity in Atlanta in will preparation for home recipients; Atlanta Legal Aid representing poor and/ or elderly tenants in eviction cases, and as a legal adviser with National Alliance on Mental Illness Georgia.

Lucian Dervan Dervan, whose experience includes white-collar criminal law, has been an associate with Ford & Harrison, LLP, in Melbourne, FL, since 2007. He counseled and represented clients in federal and state court, and also before local, state, and federal government agencies, including corporations in appeals before state and federal courts. Dervan will teach classes on white-collar crime and international criminal law this fall, and a class on federal sentencing in Spring 2010. He served as a clerk to 11th Circuit U.S. Court of Appeals Senior Judge Phyllis A. Kravitch for one year prior to joining

Tracie Porter Porter has been at Illinois Institute of Technology Chicago-Kent College of Law as a visiting assistant professor of law since July 2006. She taught legal research and writing to first-year students and advanced real property to upper level students. She also was an adjunct professor at Kent College of Law and the John Marshall Law School, also in Chicago, from August 2004 to May 2006.

Her private sector experience in Chicago includes being the principal real estate and litigation attorney of the Law Offices of Tracie R. Porter LLC; a senior real estate associate at Brown, Udell & Pomerantz Ltd., and a commercial real estate/corporate associate with Barnes and Thornburg. Her background also includes four years as a labor litigation attorney with the U.S. Department of Labor in Chicago. She will teach a consumer protection class in the fall, and classes in international business transactions and real estate transactions in Spring 2010. Porter earned her law degree from the Drake University Law School in May 1994, where she received the NAACP Earl Warren Scholarship and Sadie T.M. Alexander Legal Scholarship. She earned her bachelor’s degree in international business from Cornell College in Mount Vernon, IA, in May 1990.

Michele Mekel Before coming to the SIU School of Law this past year, Mekel was a visiting associate professor of law at Drake University Law School. She also served as executive director of Institute of Biotechnology and the Human Future, and associate director of the Center on Nanotechnology and Society, both at

Chicago-Kent College of Law/Illinois Institute of Technology. She was a visiting Fulbright Scholar as a Fulbright U.S. Student Fellow in 2004-2005 at Queen’s University Centre for Health Services and Policy Research, where she conducted a comparative study of Canadian and U.S. academic-affiliated health policy centers. Mekel earned her law degree at the University of Missouri-Columbia School of Law in May 2002. She earned a master’s of health administration from the University of Missouri-Columbia School of Medicine, Department of Health Management & Informatics, and a master of business administration from the University of Missouri-Columbia College of Business, both in May 2003. She earned a bachelor’s degree in journalism from the University of Missouri-Columbia School of Journalism. She will teach torts this fall, torts and advanced torts in Spring 2010. Her experience in health law will be applied to the work of the Center for Health Law and Policy.


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Mary Rudasill retires Mary C. Rudasill’s association with the SIU School of Law Clinical Program has been a labor of love spanning more than two decades. Rudasill, an associate law professor and clinical director, retired June 30. “I will miss my job,” Rudasill admits. “It’s a good job because I get to keep my hand in the practice of law and I get to work with great people.” A one-time junior high physical education teacher and coach who switched career paths to go to law school, she has assisted numerous families and people throughout Southern Illinois during her law school tenure, which began in 1985 while still in private practice in Carbondale. The legal clinic’s vital programs through the years have included providing free legal services for the elderly, domestic violence victims, and agriculture mediation. “Mary has been an extraordinarily conscientious clinic director,” Dean Peter C. Alexander said. “She is a very good lawyer, and she will be missed.” In one of her numerous law school roles, Rudasill was associate dean for academic affairs for five years, from 1999 to 2004, while continuing to serve as clinical director. “I quickly learned to rely on her in many ways and thought that she provided very thoughtful counsel and advice to me in my early days as dean,” Alexander said.

The legal profession is a part of Rudasill’s heritage. Her late father, A.J. Rudasill, practiced law for nearly five decades in Clinton, IL, and was a former DeWitt County state’s attorney. Her brother, Tom, practiced law for 20 years before becoming the head librarian at Warner Library in Clinton. After earning a bachelor’s degree from Illinois State University and a master’s degree from the University of Illinois, Rudasill said she found teaching salaries in the 1970s for women were still at the level of supplemental income. She opted for law school and earned a law degree magna cum laude from the SIU School of Law in 1980. After seven years in private practice Rudasill came to the law school’s clinical program as a full-time staff attorney in 1988. She became acting clinical director in 1991, and was hired a year later as the third clinic director in law school history, succeeding Howard Eisenberg. While the clinic programs change — based largely on available funding — two of the clinic’s more consistent programs are the Domestic Violence Clinic and the Civil Practice Clinic. The Civil Practice Clinic provides free, non-criminal-related legal services to people 60 and older in 13 counties in the region. The clinic receives about $50,000 in federal funds through the Egyptian Area Agency on Aging,

along with money from the Lawyers’ Trust Fund, and provides services to about 400 people annually, she said. The domestic violence program assists victims, particularly after the initial referral, in subsequent hearings that involve permanent protection orders. Those programs are valuable experience for law students, who often participate in the court hearings, she said. The clinic setting also enabled Rudasill to find her niche, and allowed her the time and opportunity to know the clients and develop relationships, something that is much more difficult to do in private practice, she said. She remains close with several of them, including the grandson of a woman she initially met in Cairo who was involved with the civil rights movement there. “The people of Southern Illinois are wonderful and they are very interesting. I thought it was fun to take law students away from Carbondale and take them to Cairo and meet some of these people,” she said. In private practice a focus is on earning money, although a client once paid her in produce from his garden. Faculty, staff, students, alumni and friends from area legal service and elder agencies gathered on Rudasill’s last day, June 30, to recognize her work and wish her well.

“You can’t necessarily just take a case because it’s a good case. You have to think about whether you can afford to do it, and whether the client can afford for you to do it,” she said. “A lot of people have legal problems but they don’t have the assets to afford attorneys and that’s really sad. So here, we didn’t have to ask. We didn’t have to ask about income and everybody that we help is grateful.” While Rudasill might be leaving as clinic director, retirement is definitely not in her plans. She will spend some time at her home in Florida, but plans to also take some pro bono cases and “try and do some other good things in the community.” Rudasill and several other local attorneys formed Dispute Resolution Institute, a Carbondale-based not-forprofit organization that will specialize in alternative dispute resolution and mediation cases.

Rudasill, shown with the lithograph donated by Phyllis Eisenberg, the widow of former Legal Clinic Director Howard Eisenberg, which now hangs in the clinic. Eisenberg, former professor and dean at Marquette University Law School, served as professor and clinic director at the SIU School of Law from 1983 to 1991.


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We expect high standards of scholarship from both our faculty and our students. Many of our faculty members enjoy national reputations as experts in their fields of study; several have been selected to teach abroad as Fulbright scholars. The Law School’s presence on the campus of a major research university permits crossdisciplinary scholarship and includes the work done by our Center for Health Law and Policy in conjunction with the SIU School of Medicine. As an aid to scholarship, we provide 24-hour physical access to the law library, as well as electronic access to SIU Carbondale’s nationally ranked Morris Library. We showcase the best of our students’ legal scholarship through our two law

CC smlp.co.uk

journals and award-winning moot court program.

Scholarship


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Nashville in Africa

The full study, “Nashville in Africa: Culture, Institutions, Entrepreneurship and Development,” which Schultz co-authored with Alec van Gelder, was published by the International Policy Network.

an editorial by Associate Professor Mark Schultz with Alec van Gelder and Franklin Cudjoe The global economic crisis has hit Africa’s commodity revenues and foreign investment, but one of the continent’s greatest resources is still neglected and even repressed: the creative talents of its songwriters, composers, and bands.

Unfortunately, it takes more to build a music industry than talent and a law. You need enforcement of the law and a music business with effective private institutions, such as music publishers and industry associations.

people lived off subsistence farming and malaria was common. Nashville’s fortunes began to change in 1927 when an enterprising music publisher named Ralph Peer introduced America and the world to country music with his pioneering Bristol Sessions recordings.

Music publishing companies, record labels, and recording studios were founded, earning Nashville the nickname of Music City, U.S.A.

Today, a Ghanaian musician and producer aims to be Ghana’s Ralph Peer: Victor Tieku’s Kampsite What is more, a lucrative Music plans to promote music business is not just and license music for radio the luxury of a wealthy Just as importantly, he and television, in advereconomy: it can help build helped pioneer a business tisements, films, ringtones, an economy. model that turned an unand recordings by other Unchained, they could known musical style into a Our study “Nashville in musicians. create domestic and export Africa” shows how African huge commercial success. wealth—and a lot of fun. Although most African musicians can look to Peer paid artists well for countries have long had Take Ghana. From Highlife the U.S. city of Nashville, their recordings but his collecting agencies, these to Hiplife, Ghanaian sounds TN, to see how a creative music publishing company government bodies have fill dance floors all over the industry can help a develalso paid them royalties largely failed to collect and oping economy. continent. for the new songs they distribute royalties to songwrote and assigned to the Nashville is home to the Indeed, Professor John writers and performers. company. country music industry, Collins of the School of In the U.S., successful which creates U.S.$6 Performing Arts at the The artists had a reason to music publishers like Ralph University Ghana estimates billion a year for the city’s write new material and the Peer’s company set up aseconomy and supports its music could generate publisher had a reason to sociations to collect royalU.S.$53 million a year from tens of thousands of jobs. promote songs and collect ties. Such private initiatives foreign sales. And Ghana But eighty years ago it was royalties for their use. proved more efficient than did pass a strong copyright in one of America’s poorgovernment offices and law in 2005, although it still This drew many songest regions. Incomes were more accountable to those has not been fully implewriters, musicians and a mere 40% of the U.S. mented. entrepreneurs to Nashville. who created them. average, a large number of

There are small signs of progress. In Ghana, Section 49 of the 2005 Copyright Act theoretically allows publishers and composers to form private royaltycollecting organizations. Tieku’s Kampsite is the first instance of an entrepreneur seizing that opportunity, but rampant piracy remains a major problem. One pleasing twist is that Kampsite has entered a partnership with Peermusic, the music publisher founded by Ralph Peer: Ralph Peer II sees the opportunity in West Africa that his father saw in Tennessee. As Nashville shows, it takes more than a rich cultural heritage to improve the fortunes of musicians and the wider economy. Getting the laws right, enforcing them, and letting entrepreneurs and musicians do the rest is what worked for Nashville and it can work for Africans.

“Alec and I were both delegates to the World Intellectual Property Organization’s meetings on intellectual property and development over the last several years. We shared a conviction that people in poor countries are just as creative and inventive as people in wealthy countries. If individual liberty, the rule of law, and property rights are respected, then individuals are empowered to create wonderful things that improve their own lives and build their country’s economy.” Van Gelder works at International Policy Network, a London-based development think-tank. Cudjoe is executive director of the Ghanaian think-tank IMANI Centre for Policy & Education.


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Journals Contemporary Issues at the Intersection of Public Health and Environmental Law

Emerging Issues in Health Care Regulation: Protecting Patients or Punishing Providers

Meeting explores public health, environmental law

Symposium explores issues in health care reform

The SIU Law Journal publishes four issues annually including one Symposium Issue — a compilation of articles on a particular subject. During the course of their research and writing, the authors meet at a symposium at the law school to exchange ideas and receive feedback from one another as well as from faculty, students, and practitioners. This year’s syposium was co-sponsored by the SIU Center for Health Law & Policy and brought together some of the nation’s leading legal scholars, scientists, government regulators, community activists, and private attorneys.

The Journal of Legal Medicine is published quarterly by the American College of Legal Medicine in cooperation with the SIU School of Law. Professor Marshall Kapp serves as the editor, and law students serve as student contributors and editors. The subject of each year’s Health Policy Institute is the basis for a symposium issue of the JLM.

The conference examined the connection of public health and environmental protection to some of today’s most pressing issues, including the obesity epidemic, climate change, and prescription drug use, law school associate professor Patricia Ross McCubbin said. “We may take for granted that it’s important to keep pollutants out of the air or water and out of our lands, but we forget that if we protect the environment we can also protect the public from infectious diseases, cancer, and other illnesses,” she said.

While climate change might not often be considered a public health problem, a concern is that infectious diseases such as malaria, the West Nile virus, and encephalitis will spread from tropical areas into the United States and other nations as mosquitoes, ticks, and other insects migrate into new warm areas, McCubbin said. The symposium’s featured speaker, B. Suzi Ruhl, a senior attorney and director of the Public Health and Law Center at the Environmental Law Institute in Washington D.C., examined environmental justice and public health during the working luncheon. Other symposium topics included climate change and measures that communities can implement, using public health legal concepts, to encourage commerce that is environmentally and economically beneficial. Another panel looked at pharmaceuticals in the nation’s waterways, and the U.S. Environmental Protection Agency’s response, as well as alternatives.

Left, symposium speakers with moderator Patricia McCubbin. Right, SIU Law Journal students with advisor Frank Houdek.

Nationally recognized experts met at the SIU School of Law on May 15 to discuss the impact of potential governmental changes in the health care delivery system for both providers and patients during the 11th annual SIH/SIU Health Policy Institute. W. Eugene Basanta, law professor and co-director of the law school’s Center for Health Law and Policy, said this symposium looked at the potential impact any new governmental regulations could have for both health care providers and patients. Marshall A. Kapp, law professor and center co-director, emphasized that the debate on health care financing options in Washington, D.C., is not the only issue to be concerned with. Current health care reform efforts under consideration in Illinois are also important to keep track of, he said. “There are a lot of other pieces to the regulatory

Speakers included Robert J. Kane, the assistant vice president and legal counsel for the Illinois State Medical Society; the American Medical Association’s senior policy analyst Patricia Sokol; Daniel H. Melvin, partner and member of the Health Law Department, McDermott Will & Emery. LLP, Chicago; Dr. John Anderson, executive vice president of InfoMedic, Inc., and medical director/project manager for Student Health Services, Norfolk State University; and John D. Blum, John J. Waldron Research Professor of Health Law, Loyola University Chicago School of Law. puzzle on both the federal and state levels that have to be followed as well,” he said. One of the biggest challenges is coordination and communication between those interested in health care finance reform and others interested in sweeping reforms to the health care delivery system, Kapp said. Southern Illinois Healthcare, the SIU School of Medicine, the law school’s Center for Health Law and Policy, Paul Simon Public Policy Institute, and the St. Louis-based Sandberg, Phoenix & von Gontard law firm were program sponsors.


Center for Health Law and Policy JD/MD student wins Fulbright Scholarship Sameer S. Vohra, a graduate student in the joint law/medical program, was Southern Illinois University Carbondale’s second Fulbright Scholarship winner for 2009.

student who is using the joint degree program to pursue his interests in two challenging fields, particularly in health policy as it relates to children.

“He is passionate about improving health Vohra, of Westmont, proposed a project conditions for children all over the world,” titled “Improving Pediatric Health Care: Saville said. “The goal of the Fulbright program is to enhance mutual understanding A Needs-Based Assessment of Niloufar Pediatric Hospital.” Niloufar is the largest among nations and Sameer’s proposal epitomizes that goal. He will be able to children’s hospital in the Indian state learn from his colleagues in India and also of Andhra Pradesh, and it focuses on to make a real contribution to policy relatserving the region’s poverty-stricken ing to pediatric health care.” children. Vohra said he wants to help people who are less fortunate by acquiring the skills to be a doctor and a lawyer and using the Fulbright to foster leadership, learning, and empathy between cultures. “With one year before I begin my residency and devote my life to pediatrics in our great country, I wanted to go back to the land of my forefathers to improve the health and safety of children in India,” he said. Vohra, the son of Saifi and Fatema Vohra, said he selected the challenging JD/MD program at SIUC after debating whether to pursue a career as a lawyer or a doctor during his undergraduate studies. Tom Saville, associate director for study abroad in International Programs and Services at SIUC, said Vohra is a bright

Vohra’s nine-month project will provide recommendations for hospital management that will improve outcomes for patients there. “When I return, I will have gained an education unique to the American medical student with in-depth training in international impoverished patient care. This will be the perfect bridge, as I begin the next stage of my career dedicated to improving children’s health care. I will begin with a residency and specialization in pediatrics and will culminate in active efforts to work on domestic and international health policy efforts either in government or the private sector,” he said. The Fulbright program, named for former U.S. Sen. J. William Fulbright of Arkansas, provides grants for university faculty and students. By Tim Crosby

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American College of Legal Medicine honors Marshall Kapp Professor Marshall B. Kapp received the 2009 American College of Legal Medicine’s Gold Medal at the organization’s annual meeting in Las Vegas. The gold medal is the organization’s highest award for service, professionalism, dedication, and contribution.

Health, and his law degree from George Washington University Law School. He earned his bachelor’s degree in social and behavioral sciences from Johns Hopkins University.

The law school and ACLM have a long-standing and close relationship. The organization Kapp is the third recipient from the law school sponsors the annual Health Law Moot Court to earn the prestigious award in the last four competition each fall. Kapp is also editor of years. He is the Garwin Distinguished Professor the Journal of Legal Medicine, which the ACLM of Law and Medicine and co-director of the law publishes. school’s Center for Health Law and Policy. “Our students reap a lot of benefits, I think, Theodore R. LeBlang, Professor of Law and from our collaboration with ACLM,” Kapp said. Medical Humanities emeritus, received the ACLM Gold Medal in 2007. W. Eugene Basanta, The relationship continues beyond graduation, with many alumni serving as active the Southern Illinois Healthcare Professor of Law and co-director of the law school’s Center members. Kent Harshbarger, who earned his dual MD/JD degree in 1996, is the organizafor Health Law and Policy, received the award tion’s newly elected secretary. Harshbarger is in 2006. a forensic pathologist with the Montgomery While a personal achievement, Kapp views County Coroner’s Office in Dayton, OH, and the recognition as a reflection “of the stature is set to become the ACLM’s president in four of the law school and the medical school in years. the health law community among health law professionals.” The fact that three people from SIUC have been recognized at that level “does say something pretty powerful about our program and the personnel in the program,” Basanta said. Kapp earned a master’s of public health from the Harvard University School of Public

The fact that three people from SIUC have been recognized at that level “does say something pretty powerful about our program,” Basanta said.


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Faculty Publications  2008-09 Peter C. Alexander Professor of Law

The Six-Year Honeymoon. 40 University of Toledo Law Review 273–78 (2009). W. Eugene Basanta Southern Illinois Healthcare Professor of Law, School of Law Professor, Department of Medical Humanities, School of Medicine

Code of Medical Ethics of the American Medical Association: Current Opinions with Annotations. 2008–2009 ed. Chicago: American Medical Association, 2008. 438 p. (with Ross D. Silverman, Sharon K. Hull, Frank G. Houdek, and Connie Poole). Survey of Illinois Law: Health Care. 32 Southern Illinois University Law Journal 999–1037 (2008) (with others). Christopher Behan Assistant Professor of Law

Everybody Talks? Evaluating the Admissibility of Coercively Obtained Evidence in Trials by Military Commission. 48 Washburn Law Journal (2009) [in press]. Cindy Buys Associate Professor of Law

The United States Supreme Court Misses the Mark: Towards Better Implementation of the United States’ International Obligations. 24 Connecticut Journal of International Law 39–76 (2008).

Introductory Note to the International Court of Justice’s Order for Provisional Measures in Georgia v. Russian Federation. 47 International Legal Materials 1010–1012 (2008). U.S. Airport Arrests without Consular Notice May Violate Treaties. 37 International Law News 18 (Spring 2008) (with Mark E. Wojcik). The Mutually Beneficial Relationship between the Section Council and the Consulates. 46 The Globe (Newsletter of ISBA Section on International & Immigration Law) 2–3 (December 2008). Introduction to the Central States Law Schools Association 2008 Conference. 33 Southern Illinois University Law Journal 177–79 (2009). William Drennan Assistant Professor of Law

Surnamed Charitable Trusts: Immortality at Taxpayer Expense. 61 Alabama Law Review (2009) [in press]. Strict Liability and Tax Penalties. Oklahoma Law Review (2009) [in press]. The Pirates Will Party On! The Nonqualified Deferred Compensation Rules Will Not Prevent CEOs from Acting Like Plundering Pirates and Should Be Scuttled. 33 Vermont Law Review 1–41 (2009).

Leonard Gross Professor of Law

Remedies: Damages, Equity and Restitution. 4th ed. Newark, NJ: LexisNexis, 2009. 881 p. (with Robert S. Thompson, John A. Sebert, and R.J. Robertson, Jr.). Should Parties’ Disclosure Requirements for Arbitrators Be Honored by Courts: Positive Software Solutions, Inc. v. New Century Mortgage Corporation. 33 Southern Illinois University Law Journal 71–93 (2008) (with Howard L. Wieder). Frank Houdek Associate Dean Professor of Law

Code of Medical Ethics of the American Medical Association: Current Opinions with Annotations. 2008–2009 ed. Chicago: American Medical Association, 2008. 438 p. (with W. Eugene Basanta, Ross D. Silverman, Sharon K. Hull, and Connie Poole). The First Century: One Hundred Years of AALL History, 1906–2005. Buffalo, NY: William S. Hein & Co., 2008. 239 p. (AALL Publication Series No. 75). AALL History in Brief: A Chronology, in AALL Directory and Handbook 2008–2009, at 519–39, 48th ed. (Chicago: American Association of Law Libraries, 2008). A Law Library Journal Centennial Time Line: Highlights from One Hundred Years of LLJ History. 100 Law Library Journal 541–554 (2008).

The Essential Law Library Journal. 100 Law Library Journal 137–168 (2008). State Practice Materials: Annotated Bibliographies. General Editor. Buffalo, NY: William S. Hein & Co., 2002. 2 looseleaf vols. (AALL Publication Series No. 63) (Supplements published in 2003, 2004, 2005, 2006 (Feb. & Aug.), 2007, 2008, 2009) AALL Reference Book: A Compendium of Facts, Figures, and Historical Information About the American Association of Law Libraries. Buffalo, NY: William S. Hein & Co., 1994. 1 v. (Annual Supplements published for 1995–96 to 2008–09) Marshall Kapp Garwin Distinguished Professor of Law and Medicine

Legal Aspects of Elder Care. Sudbury, MA: Jones and Bartlett Publishers, 2009. 356 p.

A Therapeutic Approach. In Theories on Law and Ageing: The Jurisprudence of Elder Law, edited by Israel Doron, 31–44. New York: Springer, 2009. Ethics Education in Gerontology and Geriatrics. In Annual Review of Gerontology and Geriatrics: Gerontological and Geriatric Education, edited by Harvey L. Sterns & Marie A. Bernard, vol. 28, 61–72. New York: Springer, 2008. The Liability Environment for Physicians Providing Nursing Home Medical Care: Does It Make a Difference for Residents? 16 Elder Law Journal 249-293 (2009). The Role of Private Responsibility in Closing the Gap Between Knowledge and Practice in LongTerm Care. 10 Marquette Elder’s Advisor 119–133 (2008).

Regulating Payment for Home Care Companionship Services: Legal Authority and Public Policy. 9 Care Legal Issues. In Hazzard’s Geriatric Management Journals 122–127 (2008). Medicine and Gerontology, edited by Jeffrey B. Halter et al., Resistance to Nursing Home 385–391. 6th ed. New York: Restraints Reduction Revisited: McGraw Hill, 2009. Introduction to a Symposium. 20 Institutional Long-Term Care. In Journal of Aging and Social Reichel’s Care of the Elderly: Policy 279–285 (No. 3, 2008). Clinical Aspects of Aging, Still Dying After All These Years: A edited by Christine Arenson et al., 466–475. 6th ed. New York: Classical Library for Contemporary Cambridge University Press, 2009. Controversies. (Review of Death, (with Rebecca D. Elon) Dying and the Ending of Life, edited by Margaret P. Battin et al. (2007).) Ethical and Medicolegal Issues. In 10 Care Management Journals Psychiatry in Long-Term Care, 14–20 (2009). edited by William E. Reichman & Paul R. Katz, 465-483. New York: Oxford University Press, 2009.


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Mark Lee

Douglas Lind

Professor of Law

Director of the Law Library Associate Professor of Law

Organizing Corporate and Other Business Enterprises. 6th ed. Lexis Publishing, 2000. 1 v. Updated annually (with Leonard Gross). Legalines Corporations (Harcourt Brace Jovanovich 2008). Susan Liemer Director of Lawyering Skills Associate Professor of Law

Bots and Gemots: Anglo Saxon Legal References in Harry Potter, in Jeffrey Thomas & Frank Snyder, eds., The Law and Harry Potter (Durham, NC: Carolina Academic Press, 2008) [in press]. Did Your Legal Writing Professor Go to Harvard? The Credentials of Legal Writing Faculty at Hiring Time. 46 Louisville Law Journal 383-436 (2008) (with Hollee S. Temple). Keeping It Real: Teaching Statutory Construction. 23 The Second Draft 11 (Fall 2008).

Nonlegal Research, in The Lawyer’s Research Companion: A Concise Guide to Sources. 2d ed. Buffalo, NY: William S. Hein & Co. [in press] Melissa Marlow Clinical Associate Professor of Law

EPA’s Endangerment Finding for Greenhouse Gases and the Potential Duty to Adopt National Ambient Air Quality Standards to Address Global Climate Change. 33 Southern Illinois University Law Journal (2009) [in press].

Law Review PENNumbra 76–99 (2008) (with James J. Alfini), www. pennumbra.com/debates/pdfs/ JudicialCampaignSpeech.pdf.

Symposium Introduction: Contemporary Issues at the Intersection of Public Health and Environmental Law. 33 Southern Illinois University Law Journal (2009) [in press].

Foreword. In Nanotechnology, Ethics and Society, by Deb Bennett-Woods, xv–xvi. Boca Raton, FL: CRC Press, 2008.

It Takes A Village to Solve the Problems in Legal Education: Every Faculty Member’s Role in Academic Support. 30 University of Paul McGreal Arkansas Little Rock Law Review Professor of Law 489–514 (2008). Corporate Compliance Survey. 64 Patricia McCubbin Business Lawyer 253–278 (2008). Associate Professor of Law

China and Climate Change: Domestic Environmental Needs, Differentiated International Responsibilities, and Rule of Law Weaknesses. 3 Environmental & Energy Law & Policy Journal 200–235 (2008). Review of Richard L. Revesz & Michael A. Livermore, Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health (2008). 29 Journal of Legal Medicine 553–560 (2008).

Michele Mekel Associate Professor of Law

Alice Noble-Allgire Professor of Law

Notice and Opportunity to Repair Construction Defects: An Imperfect Response to the Perfect Storm. 43 Real Property, Trust and Estate Law Journal 729–796 (2009).

Robert S. Thompson, John A. Sebert, and Leonard Gross). Mark Schultz Assistant Professor of Law

Live Performance, Copyright, and the Future of the Music Business. 43 Richmond Law Review 685–764 (2008). Creative Development: Helping Poor Countries by Building Creative Industries. 97 Kentucky Law Journal 79–147 (2008) (with Alec van Gelder). Sheila Simon Clinical Associate Professor of Law

Jazz and Family Law: Structures, Freedoms and Sound Changes. 42 Indiana Law Review (2009) [in press].

The Unpublished Free Exercise Opinion in Jensen v. Quaring. 33 Southern Illinois University Law Journal 1–22 (2008).

Cornelius A. Pereira

The Case for a Constitutional Easement Approach to Permanent Monuments in Traditional Public Forums. 103 Northwestern University Law Review Colloquy 185–198 (2008), www.law. northwestern.edu/lawreview/ colloquy/2008/41/

Technologies to Watch. 13 AALL Spectrum 22–23 (Sept./Oct. 2008).

Access Services Librarian Assistant Professor

R.J. Robertson, Jr.

Physician-Assisted Death: Four Views on the Issue of Legalizing PAD: A Legal Research Guide. Buffalo, NY: William S. Hein & Co., 2009. 59 p. (Legal Research Guides, v. 53).

Debate: The First Amendment and Regulation of Judicial Campaign. 157 University of Pennsylvania

Acquisitions/Catalog Librarian Assistant Professor

Professor of Law

Remedies: Damages, Equity and Restitution. 4th ed. Newark, NJ: LexisNexis, 2009. 881 p. (with

Candle M. Wester-Mittan


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Service

We believe public service is one of the highest callings of the bar. SIU School of Law is committed to keeping tuition and expenses low so our graduates can afford to pursue public service careers if they so choose. We demonstrate our commitment to public service through our clinics, which serve critical needs in underserved segments of the community; the individual pro bono initiatives of our faculty, students and staff; and the service our staff and faculty give to bench, bar, and educational committees at the local, regional and national levels.


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“… let us strive on to finish the work we are in, to bind up the nation’s wounds, to care for him who shall have borne the battle and for his widow and his orphan, to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations.” President Abraham Lincoln, Second Inaugural Address, March 4, 1865

Grant funds Law School initiative to assist veterans The Illinois Department of Veterans’ Affairs awarded the law school a $100,000 grant to start the Veterans’ Legal Assistance Program. Second- and third-year law students, under the supervision of Assistant Dean John Lynn, provide pro bono legal services to veterans who cannot afford or do not have access to legal representation in appealing service-connected disability claims with the U.S. Department of Veterans Affairs. “Our brave veterans stood forward and put their lives on the line to defend this country and our freedoms. When they return home, they deserve all the benefits that this nation promised them. With this $100,000 Veterans Cash Grant, the SIU School of Law will be able to create a program that will provide Illinois veterans with quality legal services to ensure that they get all the disability and educational benefits they have rightfully earned,” said L. Tammy Duckworth, then-director of the Illinois Department of Veterans’ Affairs. The initiative is “another opportunity to advance the mission of the law school,” Dean Peter C. Alexander said. “It allows us to provide expertise and services to a population that has been underserved—and that is very consistent with the goals of the law school. “This is a chance to help veterans,” said Lynn, a retired major in the U.S. Marine Corps with more than 20 years military service. “I want to see the system work for them. The satisfaction comes in resolving a case in the veterans’ favor to get them the benefits they deserve, the treatment they might be seeking, or the compensation they might rate.” The program will assist in relieving what Lynn said are hundreds of disability claim appeals that local veterans service organizations — such as Veterans

From left, Chancellor Sam Goldman, Assistant Dean for Administration John Lynn, then-director of the Illinois Department of Veterans Affairs L. Tammy Duckworth, and Illinois State Representative Mike Bost at the grant presentation ceremony. Duckworth, an Iraq war veteran, has since been appointed Assistant Secretary of Public and Intergovernmental Affairs for the United States Department of Veterans Affairs.

of Foreign Wars and the American Legion — are not equipped to handle.

Student interest in the project is already high, he said. There is about a 10 percent veteran population in the law school.

Since its inception last July, the law school’s Veterans’ Legal Assistance Program has handled 69 cases, Lynn said. Two of the resolved cases benefited veterans approximately $500,000 in respective serviceconnected disability claims involving emergency medical treatment.

The Veterans Cash Lottery, a $2 scratch-off lottery game started in February 2006, funds the program. One hundred percent of the proceeds go to support Illinois veterans through the Illinois Veterans’ Assistance Trust Fund.

In one case, the Veterans’ Administration has agreed to pick up $375,000 in one veteran’s medical bills, and accepted on appeal a previously denied $124,500 claim.

The office is located in Kaplan Hall, across from the law school.


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Clinical Programs John Erbes named interim director John F. Erbes, a clinical professor with the SIU School of Law Legal Clinic, has been appointed the clinic’s interim director, following Mary Rudasill’s retirement. Erbes has been a coordinator of the Civil Practice Clinic since 1996. He has nearly 30 years of law practice and more than 16 years teaching experience. A native of Rockford, Erbes earned his bachelor’s degree in 1976 from Western Illinois University, and his law degree in 1979 from the SIU School of Law. Erbes’ law experience includes working as an assistant appellate defender for the Fifth District Appellate Defender’s Office in Mount Vernon, and as a first assistant for the Jackson County Public Defender’s Office. He was also involved in private law practice for a total of 15 years before coming to the law school as a visiting assistant clinical professor in July 1996.

Erbes and clinical professor Rebecca O’Neill are coordinators of the civil practice portion of the clinic that provides free civil legal services for senior citizens 60 and older in 13 counties in Southern Illinois. Gail Thomas, a clinical assistant professor, coordinates the legal clinic’s domestic violence program, which provides services to domestic violence victims in Jackson, Williamson, and Union counties. Erbes said a great staff works in the clinic, which is, in reality, a law office. The move last summer into Kaplan Hall across from the Hiram H. Lesar Law Building was a good move for several reasons, he said. “The students really like coming over here and getting the experience of coming into a law office,” he said. “This also gives us an opportunity to see more clients because at

Service during the 2008-09 academic year Civil Practice Clinic

Public Interest Self Help Judicial Externship Clinic Externship Clinic Legal Center

More than 500 18 students were placed as judicial individuals were served by externs. this program and 32 students participated.

65 students were placed in public interest positions.

More than 732,280 people visited the Center’s website; 448 people called; 104 sent e-mails; and dozens attended one of the 20 pro se divorce classes.

Domestic Violence Clinic 39 clients were served by this program and 16 students participated.

the law school we were always scrambling to find a classroom.”

domestic violence victims or senior adults,” Erbes said.

The law school’s signature “Established in the public interest … serving the public good,” is much more than a phrase, he said. The ability to represent clients regardless of their ability to pay or the size of the case is important, Erbes said.

Students also see clients in their homes, hospitals, and nursing homes, when needed.

“That’s one of the things that I think students are amazed at—how empowering it is for these folks—where you have someone who believes they have been victimized and taken advantage of to have a lawyer on their side; the whole playing field changes,” Erbes said. “This program is certainly serving the public interest. The students get a tremendous satisfaction and the clients are so thankful for the opportunity to be represented,” he said. “It’s a great opportunity for students to receive actual legal experience representing real clients in real legal matters, transactions, and court hearings while at the same time providing very needed services to

“We make it easy for them to access us, and they are very willing to turn their problems over to a student who is being supervised by a licensed attorney,” Erbes said. Anywhere from 65 to 80 percent of law school students participate in programs offered by the legal clinic or the extern program. There will be a national search for a new clinic director who will assume additional responsibilities, Interim Dean Houdek said. The new position, tentatively titled Director of Experiential Learning, will not only oversee the clinic program but also experiential learning opportunities offered through individual classroom courses. Houdek hopes to conduct the search over the next academic year and have the position filled by July 1, 2010.


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Faculty service highlights Each year our faculty share their time and expertise through service to the bench, bar, public, and educational organizations. The following are highlights from these efforts over the past year. W. Eugene Basanta provided research and other support work on a grant-funded project for the Illinois Department of Public Health for their Trauma Strategic Planning Task Force. He also completed an AMA grantfunded project regarding the AMA Code of Medical Ethics. Christopher Behan taught an advanced evidence elective for general-jurisdiction judges from the United States and Micronesia as a faculty member at the National Judicial College in Reno, NV. Tom Britton served as Chair of the SIUC University Graduate Council; he was also appointed Co-Chair of the SIUC Chancellor Search Committee.

Cindy Buys taught as a Fulbright Senior Specialist in an International Human Rights Summer Studies Program at Mykolas Romeris University in Vilnius, Lithuania, last summer.

University as part of its Certificate in Aging Program (2008).

He also continued work on an extended grant from the Commonwealth Fund and the California She organized the Central Health Care Foundation, “The Liability EnvironStates Law School Association Conference, which ment for Physicians Providing Nursing Home was held at the SIU law Medical Care: Legal Apschool last fall. prehensions and Their She drafted a new ProConsequences for Resiposed Rule 404 to be add- dents’ Quality of Care and ed to the Illinois Supreme Quality of Life.” Court’s Rules to better implement consular noti- Susan Liemer continued to co-author a blog for fication requirements for foreign nationals arrested and about legal writing professors. or detained in the U.S. pursuant to the Vienna She became the CorConvention on Consular porate Secretary of the Relations and various Association of Legal bilateral treaties. Writing Directors; and she She is also the co-founder led a workshop for local artists — Protecting You and co-editor of the International Law Profes- and Your Art, and Other Legal Issues. sors Blog; and became a Deputy Editor of the ABA’s Alice Noble-Allgire publication International served as the Chair of the Lawyer: Year In Review ISBA Task Force on Diver(2008). sity; and as the Associate Articles Editor for the Marshall Kapp taught ABA’s Probate & Property an online course, “Legal magazine. Issues in Aging,” offered by Institute for Geriatric Suzanne Schmitz was Social Work of Boston named co-chair of the

Advocacy Committee of the American Bar Association Section on Dispute Resolution. Mark Schultz served as the Executive Committee/ Chair Elect, AALS Section on Law and Computers; Chair, Executive Committee, Intellectual Property Practice Group, Federalist Society for Law & Public Policy Studies; Academic Advisory Board, Project for Digital Property, Progress and Freedom Foundation, Washington, D.C.; Advisory Board, Chicago Lawyers Chapter, Federalist Society for Law & Public Policy Studies; Advisory Board, Bureaucrash Project, Competitive Enterprise Institute, Washington, D.C. Sheila Simon served as a member of the Illinois Reform Commission, an independent advisory group headed by former Assistant U.S. Attorney Patrick Collins that was formed to examine government practices and ethics, and make recommendations for cleaning up state government.

Alexander honored by Illinois Bar Foundation Peter C. Alexander was honored as the 21st recipient of the Illinois Bar Foundation Distinguished Service to Law and Society Award. He received the recognition at the Fellows Award breakfast during the ISBA’s mid-year meeting in Chicago. The bar association noted that Alexander has been active for years with the organization, and he chairs the Committee on Delivery of Legal Services, and is also a member of the Committee on Legal Education, Admission and Competence. Alexander was introduced by Rockford attorney Thomas Johnson who said: “And as we prepare to celebrate the 200th anniversary of the birth of the most revered lawyer in the history of our state and our nation, we pay tribute this morning to another devoted servant of the law for all he has done to reaffirm the principle: that here in the Land of Lincoln, well-trained women and men will attain admission and bring honor to our ancient and honorable profession, regardless of the color of their skin, or the sex they were born to, or the vowels in their name, or a disability of birth, or the language in which their grandfather prayed.” (as printed in the ISBA Bar News) “It is a true honor to be recognized by the Illinois Bar Foundation for the work that I have tried to do while I have been dean at the SIU School of Law,” Alexander said.


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Student service Tri-County Detention Center Associate Professor Cindy Buys took student volunteers on several trips to the Tri-County Detention Center in Ullin, IL, to provide legal information to immigration detainees and conduct individual intake interviews of the detainees to determine whether their legal needs are being met. These trips provide students with some basic knowledge about immigration law, and allow them to experience the inside of a detention facility, and practice interviewing skills.

Law Students join disaster clean-up efforts in Kentcuky On February 7 and 14, several SIU School of Law students helped Kentucky residents recover from a severe ice storm. Led by student officers from the J. Reuben Clark Law Society and the Military Law Society, SIU School of Law students joined in a larger, coordinated effort involving approximately 300 volunteers from church and community organizations from several states. The SIU contingent was assigned to work with crews clearing downed tree limbs from yards in the towns of Bardwell and Mayfield.

Faculty/Staff v. Students: Animal Shelter Contest The Student Animal Legal Defense Fund, Asian American Law Students Association, and Phi Alpha Delta teamed up to sponsor an animal shelter donation drive to collect items for local animal shelters.

Law and Service SIU Military Law Society hosted the First Annual Law and Service Speaker in April. Lt. Col. Steven Stewart, from the U.S. Army JAG School presented “The Constitution and Military Criminal Law.” The event was open to all law students and the public. Lt. Col. Stewart is a 1994 graduate of SIU School of Law and is Marine JAG Officer who is an Assistant Professor at the U.S. Army JAG School.

Student group hosts entertainment lawyer The Federalist Society hosted leading entertainment lawyer Chris Castle, Managing Partner of Christian L. Castle, Attorneys, of Los Angeles and San Francisco, in February. Castle discussed the future of the music business in a talk entitled “Paying for Music: Are Property Rights Dead in the Digital Age?” Associate Professor Mark Schultz, faculty advisor to the student group, supplied commentary.

Law school food drive creates friendly competition Students and law school faculty and staff competed in a canned food drive during November. Proceeds went to food pantries in Williamson and Jackson counties, according to Regina S. Moreland, a third-year law student who suggested the event to Dean Peter C. Alexander. There was good-natured ribbing between the two groups about who would collect the most food, said Moreland, the daughter of Alan and Diana Moreland of Herrin. Moreland was president of the law school’s Student Bar Association, a registered student organization on campus. That group, along with the legal fraternity, Phi Delta Phi, sponsored the drive. With a crush of classes, papers, and final exams, the food drive is an easy, yet vital project, she said. “It’s a very powerful way to give back to your community and put it to good use,” she said. “I’m excited about this and other law students are also.” The food drive is a positive for faculty, staff, students and the community, Alexander said. “This is a win-win because we have a friendly competition with our students,” he said. “But in the end, members of our community who need help will receive food.”

Over 1000 pounds of food was donated to local food pantries. Faculty and Staff narrowly won the competition. Alexander was not surprised by the enthusiastic support for this and other projects generated by students at the law school. “It’s not unusual for our students to come up with public service opportunities and ways in which students, faculty and staff can interact,” he said. “It happens all the time at the law school and is one of our trademarks.”


Service is a family tradition

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Judge Brent J. Moss

Visitor in Health Law Public Service A national leader in establishing specialized drug and mental health courts as alternatives to traditional criminal courts was the 2009 Visitor in Health Law Public Service. Judge Brent J. Moss, who presided over the Seventh Judicial District of Idaho, lectured on the specialized courts, their origin, effectiveness, and future. He also met informally with students while on campus. His son, Jacob, is a second-year student in the law school’s MD/JD program. “It’s a new way of trying to deal with some of the issues for those suffering mental illness and substance abuse. The traditional court system has not been particularly adept at addressing their problems or the problems that society has with respect to their behavior,” said W. Eugene Basanta, the Southern Illinois Healthcare Professor of Law and Medicine and co-director of the health law and policy center. Moss earned his law degree from the University of Utah School of Law. Appointed Judge Moss met informally with law students while on campus

a magistrate judge in 1985, he moved to the district bench in 1993, where he served until his retirement this year. He received the Robert Wood Johnson Community Health Leadership Award for 2006. Idaho’s Seventh Judicial District covers 10 counties. Drug and mental health courts are an effective alternative to incarceration, said Shane Koch, associate professor and director of addictions studies with SIUC’s Rehabilitation Institute. In Illinois, there has been almost no utilization of federally funded drug or substance abuse court models south of Interstate 70, other than in the Metro East area, he said. “In a region like Southern Illinois, where we do not have a lot of economic resources to waste, I feel it would be in our best interest and the best interest of our communities and the people of Southern Illinois to really use specialized courts to not only save money but strengthen our communities,” he said. Judge Moss also met with area judges during his visit to talk more specifically about the administration of specialized courts.

Barbara Lesar honored for service Southern Illinois University Carbondale honored longtime supporter Barbara Lesar with a Distinguished Service Award during the SIU School of Law commencement ceremony in May. The University’s Honorary Degree and Distinguished Service Award Committee recommended Lesar for the award, in consultation with other University leaders. The committee is comprised of faculty and constituency members. Law school faculty nominated Lesar, who turned 90 in March, Peter C. Alexander said. “She is a delight; she is energetic,” Alexander said. “She is our No. 1 supporter at the School of Law, and I suspect that other campus units can say the same thing about her. She has been a tireless servant for so many departments on campus that I’m very pleased we will be able to honor her contributions at our commencement.” The resolution recognizing Lesar notes her tireless contributions to the University for many years. She participated in many University events when her first husband, the late Dr. Richard Thomas, was a faculty member. After he passed away, Lesar later married the School of Law’s founding dean, Hiram H. Lesar, where her University involvement continued to grow.

“Mrs. Lesar has been a true champion for the School of Law,” Alexander wrote in his nomination letter. “As Hiram Lesar’s widow, Mrs. Lesar has considered it her responsibility to make sure that Dr. Lesar’s vision is supported every way possible. To that end she serves as an active member of our Board of Visitors and she attends every law school event that we hold.” The board’s resolution notes that Lesar is a co-chair of one of the law school’s fund-raising committees working to endow a professorship in her late husband’s honor. The resolution also refers to her service on the Friends of WSIU Advisory Board (past president), and her involvement with Morris Library. She served on the Morris Library Board of Visitors from September 1997 until January 2006, and she continues to support the library’s activities.


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Community

We are proud to be a part of SIU’s heritage of providing educational access to students from all walks of life. Our social traditions unite us and emphasize the importance of friendships and balance in a professional life. We treasure the community of students, scholars, alumni, visitors and friends associated with the law school, and we honor our past — the vision and commitment of those who recognized the need for the SIU School of Law and worked so hard to establish an institution in the public interest to serve the public good.


Friendships and balance

The Alumni Office hosted sixteen receptions for alumni and friends in locations including St. Louis, Chicago, Springfield, Washington DC, Seattle, Dallas, Edwardsville, Effingham, Indianapolis, Peoria, Bloomington, Phoenix, Tuscon, San Diego, San Francisco, and Paducah.

The Law Dawgs basketball team won the Division II Intramural Championship completing an undefeated season. The team was anchored by Player/Coach Ryan Barke; chin cracking inside play by 3Ls Trevor Burggraff, Tyler Dihle, and PhD student/Bodybuilder Brendan Lutz; silky smooth shooting by 3L DJ Venvertloh; high flying wing play by 2Ls Matt Brewer and Art Turner, and ankle breaking circus shots by 2L Ryan McCracken. The Law Dawgs also hosted the Second Annual Law Dawg Invitational at the Rec Center.

CC “Esther17”

This year we hosted six tailgates before home Saluki football games. Attendance has continued to grow as word spreads about these enjoyable events, which are an opportunity for students, faculty, alumni, and friends to get together in a friendly, casual atmosphere.

CC “4-6”

One of the benefits of the small class sizes and low student-faculty ratio is the close-knit community that exists at the law school and extends to include alumni and friends. The demands of the curriculum and law practice can be stressful; the SIU law community understands that friendships, social traditions, and recreation are essential to maintaining health and balance in a professional life.

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Congratulations to the law school faculty team (Faculty Plus One) for their Chili Trivia Competition victory: R.J. Robertson, Chris Behan, Candle Wester-Mittan, Mark Brittingham, Bill Schroeder, and Jonathan Maust.

Description courtesy of Trevor Burggraff (3L). CC “dusterdb88”

On Apr. 18, two law school teams ran in the River to River Relay – an 80-mile relay race from the Mississippi to the Ohio River. This was the 20th year the SIU Law & Associates team has run. Team members were: Ryan Barke, Derek Venvertloh, Morgan Venvertloh, Brittany Ledbetter, Colt Johnson, Frank The Beth and Darin Boggs Scholarship is Houdek, Keith Beyler, Amanda Joyce, and given to the winner and runner-up of our an- Michael Parenteau. The Attractive Nuisances nual intra-school Ping Pong Tournament. (pictured) included Law Library Director Wade Addison (3L) was this year’s champion Doug Lind, his wife, Kim Mahoney, and law and recipient of a certificate of recognition students Laura Barke, Lauren Heischmidt, and $1000. Nick Brown was the runner-up Elizabeth Dahlmann, John Tyler Robinson, and recipient of a certificate of recognition. Ben Bridges, and Matthew Majernik.

More information on SIU School of Law events is available at http://www.law.siu.edu/alumni.asp


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Law school hosts 5th District Appellate Court Last October the School of Law hosted oral arguments in four cases before the 5th District Illinois Appellate Court. Appeals court justices presided over arguments in cases originating in Williamson and Jackson counties. There were two criminal cases and two civil cases.

Fifteen take oath to join U.S. Supreme Court bar On May 18, 2009, a group of 15 current, former or retired Salukis took the oath to become members of the U.S. Supreme Court bar and become eligible to present written briefs and argue cases before the nation’s highest court. The group included Dean Peter C. Alexander, current faculty Paul E. McGreal and Alice Noble-Allgire; former law teachers B. Taylor Mattis, who lives in Ft. Lauderdale, FL, and Wenona Y. Whitfield, currently a visiting professor at Florida Coastal School of Law in Jacksonville, FL; Yvonne M. Spencer, director of deferred gifts and planned giving; and Judi Ray, constituent development officer with the SIU School of Law.

Lesar has appeared before four of the current Supreme Court associate justices when they presided over cases in lower courts — Stephen G. Breyer, Ruth Bader Ginsburg, Antonin Scalia, and Clarence Thomas. Individual sponsors include law school faculty William A. Schroeder, Rebecca J. O’Neill, Leonard Gross, and Sheila Simon. “It was very special,” Alexander said. “It will once again tie the present and the future of the law school to its past. To have a member of the Lesar family make the motion was very exciting.” Alexander notes it is highly unlikely that most people will ultimately make arguments and appear before the court. But that does not take away from the significance, he said.

Appellate Judges James K. Donovan, James M. Wexstten, and Richard P. Goldenhersh. Judge Wexstten and Judge Bruce Stewart, who also sits on the 5th District Appellate bench, are both members of SIU law school’s charter class of 1976.

Other law school alumni taking the oath included Dan O’Brien, Carlinville; Daryl Jones, Chicago; Matt Guzman, Joliet; Roger Holland and David Rumley, Urbana; Tambra Cain, Vienna; Carole Wesenberg, Idaho Falls, ID; and Tracy Wilkinsen, Winnabow, NC.

Carbondale attorney Michael Dahlen, who represented the city of Carbondale in an appeal of a case involving Carterville, conducted a review and critique of the arguments for law school students after the last setting.

James H. Lesar, a son of law school founding Dean Hiram H. Lesar, is a Supreme Court bar member, and made the motion to admit the group.

“It’s great that we have a courtroom that can accommodate the court and allow law students the opportunity to observe,” said John F. Lynn, the law school’s assistant dean for administration. The Patrick D. Daly ’93, Staff Attorney, courtroom, which includes state of the art technology, was renovated Office of the State’s Attorney’s Appellate Prosecutor, argued in 2001 thanks to a gift from Frank against his former professor Bietto honoring attorney John S. William Schroeder. Rendleman.

New members of the U.S Supreme Court bar shown in the waiting area outside the Supreme Court chambers

“It’s still an exciting opportunity to be in the court, and it’s a great honor to be admitted to the highest court in our land,” he said. “It was a great day for our alumni and friends, and a great day for the law school.”


Alumni Class Notes

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Class Notes Class of 1976 John Brewster, a partner in the law firm of Winters Brewster Crosby & Schafer LLC in Marion, has been named city attorney for Herrin. Brewster, who serves on the board of the Bank of Herrin and chaired the board of Southern Illinois Healthcare, is a former member of the SIU Board of Trustees. Brewster replaces Patricia McMeen, '81, longtime Herrin city attorney who died in May.

Class of 1977 Wenona Whitfield was sworn in to the bar of the U.S. Supreme Court.

Judge Ronald D. Spears of the 4th Circuit in Taylorville, IL, was installed as the 38th president of the Illinois Judges’ Association.

Class of 1978 Roger Clayton, a senior partner with the law firm of Heyl, Royster, Voelker & Allen, has been elected President of the Illinois Association of Healthcare Attorneys, which comprises more than 500 healthcare attorneys in the state. Clayton is the Chair of Heyl Royster’s statewide healthcare practice group. He has defended more than 700 medical malpractice cases and recently co-authored

the chapter on Trials in The Medical Malpractice Handbook published by the Illinois Institute of Continuing Legal Education. Clayton also recently co-authored a chapter for The Law of Medical Practice in Illinois published by West Publishing. Bill Harazin was recognized by the International Law & Practice Section of the North Carolina Bar Association as the 2009 recipient of the John J. Dortch International Service Award. The Dortch Award was established to recognize lawyers who (1) have served as a role model for international law attorneys, (2) have demonstrated the highest level

of ethical standards, and (3) have shown professional competence. Harazin has been a member of the section since its inception in 1992 and served as chair in 1998-99. Most recently, he has been instrumental in the creation of the NCBA Lawyer Exchange and served as the delegation leader of the inaugural exchange to Taiwan in 2006. He also was a delegation member for the 2008 exchange with Argentina. In addition to his extensive record of service within the NCBA, Harazin has served as chairman of the board for the World Trade Center North

Carolina and president of the N.C. World Trade Association. He is a member of the Advisory Board for the Center for International Understanding and a past vice chair and board member of the International Visitors Council/World Affairs Council.

Darryl Pratscher, Clerk of the Fourth District Illinois Appellate Court, passed away following a short illness on July 24. Mr. Pratscher, 57, had served in the Fourth District since 1979 and as the Clerk of the Court since 1981.

Class of 1979

Class of 1980

Dennis J. Orsey of Glen Carbon has been elected treasurer of the Illinois State Bar Association (ISBA) by its 25-member Board of Governors. To read about the appointment please visit www.madisonrecord.com/ news/214047-glen-carbonattorney-elected-isbatreasurer

Eric T. Ruud recently retired from the McLean County State’s Attorney’s Office in Bloomington, IL. Mary Rudasill retired June 30, 2009 from the SIU School of Law.

Class of 1981 Karen Kendall is presidentelect of the American Academy of Appellate Lawyers. The Academy also offers an Eisenberg Prize, named after Howard Eisenberg, who was a former director


Vi

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Class Notes of the SIU School of Law Legal Clinic. Patricia McMeen, longtime Herrin city attorney, died in May.

Class of 1983 Inspector Kevin D. Eack, Senior Terrorism Advisor for the Illinois State Police, was chosen by the FBI to serve a Director's Fellowship in Counter Terrorism in Washington, D.C. He was selected as one of two police senior executives for the 2009 FBI Director's Fellowship. Inspector Eack will serve as a fellow for a period of six months through July 2009, before returning to the Illinois State Police in charge of the Office of Counter Terrorism.

Class of 1984

Class of 1989

The latest book by Dan Sitarz, Greening Your Business: The Hands-On Guide to Creating a Successful and Sustainable Business, was awarded the Best Business Reference Book of 2008 in the National Best Book Awards, sponsored by U.S.A Book News. The book's website is www.GreeningYourBusiness.org.

David Rumley was sworn in to the bar of the U.S. Supreme Court.

Class of 1988 Pieter N. Schmidt has been named managing partner of Feirich, Mager, Green and Ryan. He joined FMGR in 1988 and was named as a partner in 1994. Schmidt’s practice concentrates in workers’ compensation and other employment related matters.

Class of 1990 Alice Noble-Allgire was sworn in to the bar of the U.S. Supreme Court. Rod Irvin died suddenly August 10, 2008. Irvin was the State’s Attorney of Hamilton County in Illinois.

Class of 1991 Beth Boggs was honored by the SIU Alumni Association as a Distinguished Alumna during last year’s Homecoming activities.

Daniel W. L. O’Brien was sworn in to the bar of the U.S. Supreme Court.

portunity Council, (EHOC) received the Illinois Human Rights Award.

Class of 1993

Class of 1996

Matthew Guzman was sworn in to the bar of the U.S. Supreme Court.

Yvonne Spencer was sworn in to the bar of the U.S. Supreme Court.

David Stevens has officially retired from his second career as an attorney; David reports “it’s very pleasant to sit back and have someone deposit money in my checking account on the first of every month without doing much of anything for it. I recommend it. We have begun to travel more, and have big plans for Alaska and Italy in the next year or so.”

Class of 1997

Class of 1994 Will Jordan, Executive Director, The Metropolitan St. Louis Equal Housing Op-

Samuel L. Fieber was killed in a tragic oil field explosion on Oct. 29, 2008, in Crossville, IL. He was an attorney and owner of French Creek Oil Company, First Mortgage, Eldorado Inc., Tri-State Supply, Lee Land Inc., and Lake View Farms. Lee Ann Hill was appointed to be associate Judge in McLean County, IL. The Circuit Judges of the 11th Judicial Circuit voted to fill the vacancy with Hill. Hill

was selected from among 19 applicants for the position. She began her legal career as a McLean County Assistant Public Defender in 1997. She took the bench on December 8, 2008. Roger Holland was sworn in to the bar of the U.S. Supreme Court.

Class of 1998 Donna White McCann was elected as State’s Attorney in Pulaski County, IL. She took office on December 1, 2008. Her office is located in Mound City. She lives in Olmsted. The Assistant State’s Attorney is Lisa M. Casper ‘06.

Class of 1999 Frank Janello and Lori Jo Chaney were united in marriage on April 5, 2008. Frank is a managing associate attorney for Blatt, Hasenmiller, Liebser and Moore, LLC in Bloomington.


Visiting Faculty

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Class Notes Class of 2000 Michael S. Seneca, of Peoria, passed away on Sunday evening, April 5, 2009 at OSF St. Francis Medical Center. For additional information: www.wrightandsalmon. com/index.cfm. Tracy Wilkinsen was sworn in to the bar of the U.S. Supreme Court. Carole Wesenberg was sworn in to the bar of the U.S. Supreme Court.

2008. Sarah is working at the Department of Children and Family Services.

Carrollton attorney Craig M. Grummel ’07 serve in his absence by contract.

Class of 2002

Class of 2003

Clarksville patent attorney David Winters was recently a guest judge at the British Inventors Show in London. Read the full story at www.theleafchronicle.com/ apps/pbcs.dll/article? AID=2008811260368

Craig Newbern and wife Candice are pleased to announce the birth of their second son, Craig F. Newbern, III (Tre'). Tre' was born on August 7, 2008. Craig, currently residing in Lexington, KY, is an Assistant Attorney General with the Kentucky Attorney General’s Office.

Matthew J. Goetten, who was re-elected as Greene County State’s Attorney in Class of 2001 November 2008, anticipates being called to duty soon Sarah Mallory Williamson and Michael Olson were unit- as an Army judge advocate. He has recommended that ed in marriage on April 12,

Tambra Cain was sworn in to the bar of the U.S. Supreme Court.

Class of 2004 Sarah Holsapple-Miller and her husband Brandon are proud to announce the birth of their first child, a son, Reed Owen Miller, born March 25, 2008 in Mattoon, IL.

Class of 2005

Special thanks to Carrie Gill ’01, Sarah Taylor ’02, and Casey Parker White ’03, for their work in organizing the second annual Joint CLE Conference that was held at the SIU School of Law in April. The full-day program was co-sponsored by the law school, the Jackson County Bar Association, and the Williamson County Bar Association. The free program was well attended, and it was a great opportunity to catch up with many of our alumni.

Davina Smith and George Judi Ray was sworn in to Lottritz are happy to anthe bar of the U.S. Supreme nounce the birth of their son, Flynn Alexander Smith- Court. Lottritz, on October 17, Class of 2006 2008, in Eureka, CA. Lisa M. Casper is the asDaryl Jones was sworn sistant State’s Attorney in in to the bar of the U.S. Pulaski County. Her office is Supreme Court. located in Mound City, IL.

Class of 2008 Brian J. Lambert joined the law firm of Sivia Business & Legal Services, P.C. on January 2, 2009, as an associate.

In Memoriam Rod Irvin '90 died suddenly August 10, 2008. Irvin was the current State’s Attorney of Hamilton County in Illinois. Samuel L. Fieber ’97 was killed in a tragic oil field explosion Oct. 29, 2008, in Crossville, IL. Michael S. Seneca ‘00 of Peoria passed away on April 5, 2009. For more information: www. wrightandsalmon.com/ index.cfm Patricia McMeen '81, longtime Herrin city attorney, died in May. Darryl Pratscher ’79, Clerk of the Fourth District Illinois Appellate Court, passed away following a short illness on July 24.


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Christopher Nugent

Hiram H. Lesar Distinguished Lecture Christopher Nugent, whose efforts — along with those of other attorneys — to save the lives of Iraqis was chronicled last year in the American Bar Association Journal, presented the 2009 Hiram H. Lesar Lecture on March 4. Nugent is senior counsel with the Community Services Team of Holland & Knight, LLP, in Wash-

ington D.C. He has more than two decades experience in immigration law and policy. Among his numerous awards is the Legal Aid Society’s Pro Bono Award in 2008. Nugent discussed his efforts in assisting Iraqis, and what he and the other attorneys involved accomplished. The lecture provided lessons not offered in the classroom. “It is a great lesson for our students about the obligation of a lawyer to

serve the public good and to engage in pro bono activities as your job and schedule permit,” he said. “The community needs to know we have members of the legal profession who are devoting their extra time helping the people who help us in the Iraq War. That is an important reminder for all of us.” Associate Professor Cindy Buys, who teaches international and immigration law, was excited to have Nugent present the Lesar Lecture.

Nugent has “dedicated his professional career to helping some of the most deserving persons in the world obtain refuge in the United States,” she said. “In addition to his recent work with Iraqi refugees, Mr. Nugent has worked extensively with unaccompanied children from other countries who end up in the United States as a result of being victims of trafficking or who are fleeing persecution or torture by their home governments or groups those governments are unable or

Nick Antonacci was among several students who read from the stories of Iraqi refugees during the lecture unwilling to control, such as paramilitary squads or gangs.”

Kathryn L. Tucker

Dr. Arthur Grayson Distinguished Lecture Kathryn L. Tucker, a nationally recognized activist and attorney who promotes improved pain care for seriously ill and dying patients, delivered the 2008 Dr. Arthur Grayson Distinguished Lecture, “Social Change in the Context of End-of-Life Care: Past, Present and Future,” in September. Tucker is director of Legal Affairs for Compassion & Choices, a national non-profit public interest organization dedicated to improving end-of-of-life care and expanding and protecting the rights of the terminally ill. She served as lead counsel representing patients and physicians in two landmark 1997 U.S. Supreme Court cases “asserting that mentally competent terminally ill patients have a constitutional right to choose aid in dying.”

Marshall B. Kapp, the law school’s Garwin Distinguished Professor of Law and Medicine, said Tucker is very involved with improving the quality of care for terminally ill patients, particularly in pain management and comfort. She served as co-counsel in the nation’s first case to assert that failing to treat pain adequately constitutes elder abuse — which resulted in a liability finding and jury verdict award of $1.5 million to the family of the patient against the involved physician. W. Eugene Basanta, the Southern Illinois Healthcare Professor of Law and Medicine, noted that even with increased attention to issues such as pain management over the last 10 to 15 years, in many instances the law prohibits physicians from adequately managing pain due to threats of criminal prosecution. A progress report released in 2008 on individual state’s pain management policies by the Pain & Policy Studies Group

at the University of Wisconsin School of Medicine and Public Health lists Illinois as one of six states in the nation to receive a “C,” the lowest grade in the study. For law students contemplating going into health law, Tucker is a role model as an attorney advocate, Kapp said. “Many students come to law school, whether it’s in health law or any other discipline, with a desire not just to do well, but to do good,” Basanta said. “Here is a person who serves as a role model for students in that regard.” Tucker is a graduate of Georgetown University Law School. She is an adjunct professor of law at the Lewis & Clark School of Law in Portland, teaching in areas of law, medicine, and ethics, with a focus on end of life. She also held similar faculty appointments at the University of Washington and Seattle University schools of law for many years.


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Justice William Winslade

John & Marsha Ryan Bioethicist-in-Residence The Puzzles of Pedophilia: Unanswered Questions and Problematic Policies Attorney and research psychoanalyst William J. Winslade explored a variety of issues dealing with pedophilia when he presented his public lecture during his visit to SIU as the 2009 John & Marsha Ryan Bioethicist-inResidence. “This is an illustration of how legal ethics and mental health issues intersect in a way that is important to society,” Kapp said.

raises questions of interest to anyone concerned not only with law and mental health, but also the well being of children, safety, and society, Kapp said. The audience for the lecture included child welfare specialists, attorneys, medical professionals, as well as law and undergraduate students.

Prior to the lecture, the public was invited to watch a 60-minute BBC documentary, The Castration Cure, that The issues surrounding treatment and legal issues involving pedophiles Winslade was involved with, which

explores the medical treatment of sex offenders. The film looks at the ethical and legal implications of castration. In addition to presenting the lecture, Winslade met with the combined ethics committees of Southern Illinois Healthcare to discuss the topic of medical treatment of handicapped newborns. He also met with students at the SIU School of Medicine in Springfield. Winslade is the James Wade Rockwell Professor of Philosophy of Medi-

cine at the Institute for the Medical Humanities at the University of Texas Medical Branch at Galveston. He also holds a dual appointment at the University of Houston’s Health Law and Policy Institute. Winslade holds a doctorate in philosophy from Northwestern, a law degree from the UCLA Law School, and a doctorate in psychoanalysis from the Southern California Psychoanalytic Institute. He grew up in southern Illinois.

Justice Marilyn Ruth Signe Skoglund

William L. Beatty Jurist-in-Residence Marilyn Skoglund, an associate justice of the Vermont Supreme Court, who earned a bachelor’s degree in fine arts from SIUC in 1971, served as the law school’s 2009 William L. Beatty Jurist-In-Residence in April. Then-Vermont Gov. Howard Dean appointed Skoglund to the state’s district court in 1994 and to the state supreme court in 1997. A native of Chicago, Skoglund attended elementary and high school in St. Louis before coming to SIUC, according to her biography.

Skoglund moved to Plainfield, VT, in 1973, and has resided in Montpelier since 1983. Skoglund completed a law-office clerkship at the Office of the Vermont Attorney General, and went on to serve as an assistant attorney general, chief of the civil law division, and chief of the public protection division. Skoglund is the second woman to serve as an associate justice of the Vermont Supreme Court, according to her biography. She chairs the Vermont Supreme Court’s Judicial Education Committee, co-chairs the

court’s Justice for Children Task Force, and served on the judicial nominating commission for the federal district court. Skoglund has a distinction of being one of only a few members of a state supreme court who did not attend law school, studying for the bar exams under an attorney’s apprenticeship, Alexander said. Earning a law license that way is very difficult to do, he said. Skoglund met with students, faculty, and area judges during her visit.

Skoglund has a distinction of being one of only a few members of a state supreme court who did not attend law school, studying for the bar exams under an attorney’s apprenticeship


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Vision and commmitment Program helps law students obtain “Law Suits” The law school launched a new program this year, “Law Suits,” an initiative sponsored by Carbondalebased law firm Rhode & Jackson, P.C. The program provides donated and “gently used” women’s and men’s professional clothing and accessories for law students at reduced costs. Law school graduates Shari R. Rhode, Martine Jackson, and Kristen Glasford comprise the law firm.

Rhode said she and Jackson were discussing what to do with some of their “power suit” clothes when they recalled being back in the law school, and the need for appropriate business attire for court and other professional settings. Dean Peter C. Alexander said he is grateful for the program, which he said is “the brainchild” of Rhode and Jackson. Students will be able to pick up items,

Dean Alexander with Jackson, Glasford, and Rhode outside Kaplan Hall after the opening of “Law Suits” during a Dean’s Social last fall.

career they will be required to be in a business suit,” he said. “Sometimes students have not set aside money for that; some students do

possibly an entire wardrobe, at very little cost, he said. “They thought there has to be a way to make professional clothing affordable to law students so that they have a wardrobe in which to interview, or go to court, or make presentations,” he said. “They should be able to have access to professional clothes at an affordable price.”

Students will be able to pick up items, possibly an entire wardrobe, at very little cost

The law school is an affordable, high-quality source of legal education. The estimated cost for in-state residents attending the law school for the 20082009 academic year was $26,359, which includes tuition and fees, room and board, books and supplies, and living expenses. The cost for non-Illinois residents was $44,653. But still, there can be hidden costs not always considered, Alexander said. “I’m not sure that every student appreciates how soon in his or her law school

not own business clothing. This gives those students an opportunity to put together a wardrobe relatively inexpensively.” Rhode, a member of the law school’s inaugural class, said the firm is “big about mentoring and giving back to the law school because, but for the law school, we wouldn’t be in the positions we are in.” “This is a good use for the suits, and it also gets law students into the practice

of giving back,” Rhode said. In exchange for buying items at lower costs, students understand they are to give back to the program in some way, Rhode said. “When you personally benefit from a program you are more inclined to support it for the next generation,” said Rhode, who earned her law degree in 1976. Jackson earned her law degree in 1997; Glasford in 2003.

Regina Moreland, 3L, received the inaugural Outstanding Research Assistant, Class of 1994 Scholarship, which is awarded to an outstanding research assistant at the School of Law. Eligible recipients will be second or third-year students in good academic standing, who have been nominated by their supervising faculty member.

Rhode notes that other professionals and businesses in the region are donating items to “Law Suits.” The collection includes men’s and women’s suits, shirts, blouses, ties, shoes, and briefcases. The program is “another example” of the law firm’s generosity to the law school, Alexander said. “They have been very generous participants in the life of the law school. We cannot thank them enough for their innovation and contribution,” he said.

For more information about Law Suits and how to donate, contact the Alumni Office at 618.453-8710 or lawalum@siu.edu.

Danielle Johnson received the newly created Thurgood Marshall Award Scholarship, which is awarded to a student who exhibits the characteristics Black Law Student Association leaders have long exemplified: compassion for others, professionalism, and a strong commitment to equal opportunity and diversity.


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Outstanding Teacher Associate Professor Trish McCubbin Chancellor Sam Goldman

Pat Caporale Scholarship Prize Brittany Ledbetter Admissions Assistant Pat Caporale

Joan Dawley & John A. Maher Scholarship Sara Reheb Associate Professor Melissa Marlow

Senior Class Award Professor Paul McGreal Regina Moreland

Al H. & James A. Chesser Endowed Scholarship Associate Professor Michele Mekel Jerry Tuffentsamer

Class of 1991/R.S.D. Memorial Scholarship Marcy Cascio Professor R.J. Robertson

Annual Awards Ceremony Every spring, staff, faculty and student achievements are celebrated at the School of Law’s annual Awards Ceremony. Third-year law student Misty Edwards (middle) accepted the inaugural Lisa K. Franke Scholarship during the Awards Ceremony on April 9. Attorneys Ted MacDonald (left) and Dede Zupanci (right), attended the ceremony on behalf of their firm, HeplerBroom LLC, which endowed the scholarship fund to honor Franke, class of ‘82, who was a partner in their firm before her death in 2007.

Judge Richard E. Richman Ethics Scholarship Clinical Professor Rebecca O’Neill Kelsy Austin

Garwin Family Foundation Scholarship Jake Moss Dr. Marsha G. Ryan Michael Parenteau

Class of 1977 Scholarship Troy Luster Director of Development Judi Ray

Awards are made possible by people who support the School of Law through their generous donations of time, money and energy. We are very proud of our success and encourage all of our alumni and friends to help us spread the word about all of the good news that is happening at the School of Law.

SIU School of Law Alumni Association Scholarship Letisha Luecking Orlet Assistant Professor in the Law Library Candle Wester-Mittan Christopher Phillips

Ronald E. Osman Endowed Scholarship Rachael Keehn Ron Osman

Julius A & Norma H. Johnson Scholarship Lynell Everett Clinic Attorney Gail Thomas


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Honor Roll

The following individuals and organizations have contributed $100 or more between July 1, 2008 and June 30, 2009.

Barrister’s Circle

Dean’s Circle

$25,000 and above

$1,000 to $2,499

Garwin Family Foundation Mark J. Garwin, J.D. & Sylvia F. Garwin, M.D. Hepler, Broom, MacDonald, Herbrank, True & Noce, LLC The Illinois Equal Justice Foundation John C. Ryan & Marsha G. Ryan, M.D.

Alice M. Noble-Allgire & Richard L. Allgire Laura S. & W. Eugene Basanta Robert E. Beck N. Lee Beneze Bonifield & Rosenstengel, P.C. Mark A. Brittingham & Kathleen L. Pine The Coca-Cola Company Lee Ann & Paul L. Conti Francesca & Jeffrey S. Cooper Anthony E. Dos Santos Gabriel & Kathleen A. Dumitrescu Earl B. Gilmore Foundation Gloria G. Farha Flentje & Jack Focht Laura K. Grandy Mary Ann Hatch Stephen J. Heine & Karen L. Kendall Kenneth R. & Marsha L. Hughes Karen E. & David C. Johnson Phillip B. & Shelley Lenzini Barbara T. Lesar James H. & May Siang Lim Lesar Madison County Bar Association George E. Marifian Patrick B. Mathis Mathis, Marifian, Richter & Grandy, Ltd. Meyer Law Firm, P.C. S. Russell & Carolyn Meyer

Lesar Circle $5,000 to $24,999 Kathleen B. Fralish, Ph.D. & James S. Fralish Delney N. & Andrew G. Hilen Christopher J. & Stacey L. Julian-Fralish Joan D. & John A. Maher Ronald E. & Michelle A. Osman Judith A. Ray Shari R. Rhode Nathaliewyn F. Robbins Thomas J. Trendl & Jennifer B. Kaplan, M.D.

Founder’s Circle $2,500 to $4,999 Peter C. Alexander, J.D. Edward W. Dwyer & Katherine D. Hodge Goldenberg, Heller, Antognoli, Rowland, & Short, P.C. Hodge, Dwyer & Zeman

The Honorable Richard & Rachel Mills Daniel C. & Nicolle Nester Marsha J. & Michael J. Nester William J. Niehoff Gregory L. & Lori O’Hara M. Hal Pearlman, M.D. & Susan F. Pearlman, Ph.D. Neal F. & Ann Marie Perryman Janet C. Proctor & Edgar J. Nowakowski Kevin J. Richter Jon E. & Nancy J. Rosenstengel Ellen J. & Thomas P. Schanzle-Haskins Kurt S. Schroeder Mark S. Schuver Joan A. & William F. Sherwood Jayne E. & John D. Simmons SimmonsCooper LLC Louise R. & Mark J. Stegman Kevin J. Stine SIU School of Law Student Bar Association Stephen Hensleigh & Wendy Meyer Thomas Thomas B. & Elaine Louise Waltrip Charlotte & Daniel S. Ward Christine G. Zeman

Sr. Partner $500 to $999 Activate Leonard & Muriel E. Alexander Kenneth Bean

Joseph A. & Stacey L. Bleyer Beth Clemens & T. Darin Boggs Boggs, Avellino, Lach & Boggs, L.L.C Bristol-Myers Squibb Foundation Callis, Papa, Hale , Szewczyk, & Danzinger, P.C. Judy L. Cates, J.D. The Cates Law Firm, LLC Charles W. & Judith A. Chapman David L. Curl & Margaret A. Rennels, M.D. John K. Dobbins Angeline M. & John M. English Richard Alan & Robin K. Fierce Friends of Clayborne Friends of Rich Tognarelli Gray, Ritter & Graham, P.C. Carolyn C. & Richard O. Hart Frank G. Houdek & Susan E. Tulis William L. & Teresa Hutton Martine P. Jackson & Michaelis B. Jackson, M.D. Knapp, Ohl, Green and Marron Kurowski, Bailey & Schultz, LLC The Honorable Joseph M. & Teresa L. Leberman Florence & Keith Lesar John F. & Patricia J. Lynn Leonard N. Math

Sandra L. & Rickey N. McCurry Beth L. & Trent A. Mohlenbrock Katie K. & Robert C. Nelson Nelson & Nelson Elizabeth A. & Shawn R. O’Neil Lawrence John & Rebecca J. O’Neill John T. Papa, J.D. The Perica Law Firm, PC G. Keith Phoenix & Virginia Herrmann Jonathan Ries Amanda A. Robertson & R. J. Robertson, Jr. Alicia H. & Michael P. Ruiz Sandberg, Phoenix & von Gontard, P.C. Charles E. & Nancy Marie Schmidt Vella Deloris Shockley Cathleen M. Shultz & Robert H. Shultz, Jr. Sean M. Smoot & Teresa Heisel-Smoot The Honorable Ronald D. & Annette J. Spears St. Clair County State’s Attorney Stephen W. & Tabitha Ann Stone Mark & Rosemary Sump Peter VonGontard Wenona Y. Whitfield James Stuart Wilber & Cynthia A. Daniel The Law Offices of Staci M. Yandle, LLC

Partner $250 to $499 Jill E. Adams Brad L. & Mary E. Badgley Brad L. Badgley, P.C. Becker, Schroader, & Chapman, P.C. Thomas A. Bell The Honorable Stuart P. & Pamela A. Borden Kevin Boyne Kevin Boyne, P.C. Perry J. Browder Terry Ivan & Rebecca S. Bruckert Lori Crenshaw & Ernest L. Bryant Jack Carey Michael C. & Nancy Buffum Carr The Honorable Earl H. & Louise R. Carroll Jay T. Curtis The Honorable Kimberly L. & Michael F. Dahlen Phillip Bartley & Jayne Ann Durham Phyllis T. Eisenberg Lisa J. & Todd A. Frey David M. Galanti Leif Garrison & M. Jill Whitley Terry M. & Tammie Green Terry M. Green, Attorney At Law Jeffrey Paul Hine Hinshaw & Culbertson, LLP Janice L. & William W. Holloway


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Honor Roll The Honorable Lloyd A. & Mary Karmeier William K. & Rebecca Keene William K. Keene Attorney At Law Bonnie Moeller Levo Levo-Donohoo, LLC Andrea L. McNeill, J.D. & Robert A. Anderson Stephen M. Murphy Timothy R. & Jon Ann Neubauer The Northern Trust Charitable Trust Dennis J. & Catherine L. Orsey Dennis J. Orsey, P.C. Attorney & Counselor At Law Thomas A. & Cecilia E. Pajda Bob Lee Perica, J.D. & Ivka Perica Ann M. & Ted L. Perryman James R. & Lucy M. Pirages Fraternal Order of Police – Steve Marty Memorial Fund Warren D. & Anita Rees Craig R. & Roberta M. Reeves Dennis R. & Marie T. Ruth Heija B. Ryoo Suzanne J. Schmitz Russell K. Scott Robert E. & Jeannette A. Shaw Ann Marie & Benjamin A. Shepherd Lyndon P. & Hilary H. Sommer Andrew C. Speciale, J.D.

Thank You!

The Honorable Bruce D. & Marleigh Stewart William P. & Rhonda L. Turner John A. Vassen Jeffrey K. & Jan L. Watson Tracy Marie Loos-Weber & Craig Owen Weber Mark Kevin Wykoff, Sr. Wykoff Law Office, L.L.C.

Gayla R. & William F. Borgognoni Thomas H. & Mary Jane Boswell Edward S. Bott, Jr. & Lucia R. Bott John Thomas Bowman, Jr. & Alicia Teresa Bowman Ellen M. & Richard W. Bradley John Stevens & Brenda Kay Brewster Associate Melvin L. & Patricia $100 to $249 A. Browning Acton & Snyder Robert T. Bruegge Ameren Corporation Law Office of Robert Charitable Trust T. Bruegge Edwin W. & Louise B. Amyes James W. & Kathleen Jane Angelis, Ph.D. & A. Buckley Paul J. Angelis Barbara A. & Richard AT&T Foundation L. Burnett Theodora J. & Jacob O. Bach Linda Marie & The Kelly J. Bagley & Honorable Scott J. Butler Bradley P. Boucher Gerald F. & Cindy G. Buys Steven G. Bailey & Karen Nicholas G. Byron F. Goodhope, M.D. Jerry D. & Beverly Harold R. Bardo, Jr., Ph.D. Jo Cavanaugh & Lana G. Bardo Matthew R. & Amy David N. & Susan S. G. Chapman Barkhausen Han Lin & Juh Wah Chen Virginia M. Barrett & Donna J. Childers, Ph.D. Ronald J. Hurley & F. Gene Childers Tracy A. Berberich Gregory D. & Barbara Dorothy B. & Roger E. Beyler B. Collins K. Rockne & Joann Norman L. & Carol R. Conrad Elizabeth Bleyer Lloyd Cueto John Alexander & Thea Boden Law Office of Lloyd M. Cueto John A. Boden, Attorney Charles L. Danner David H. Bone, J.D. & Daystar Community Program Janet M. Bone James E. DeFranco, J.D.

Thanks to all of you who contribute to the Southern Illinois University School of Law. Your generosity allows us to strengthen and expand existing programs and put new ones in place.

& Kathleen DeFranco Kenneth R. & Janice M. Deihl Elizabeth Jeane & John T. Dibble Dean M. & Kaye M. Dietrich Larry H. Dietz, Ph.D. & Marlene D. Dietz Barry D. Dix Barry D. Dix, LTD N. LaDonna & Harold E. Driver The Honorable Ronald R. & Kay Lynn Eckiss John F. & Julie Ann Erbes Ezra & Associates, LLC Nancy S. & Thomas J. Fahey Elizabeth U. & Robert W. Faris Carla M. & George A. Feldhamer Patrick M. & Thiem T. Flynn Franklin Firm, L.L.P. Leanne M. Furby & Thomas H. Furby, Ph.D. The Honorable J. Phil & Patricia G. Gilbert Andrew Joseph Gleeson Samuel J. Glover Diane M. & Jeffrey A. Goffinet The Honorable Richard P. Goldenhersh & Barbara L. Goldenhersh, Ph.D. Amanda Byassee & Ashley Michael Gott Law Office of Amanda Byassee Gott The Honorable John W. & Mary A. Graves Paul M. & Sandra C. Greene David E. Guymon, J.D.

John C. Guyon, Ph.D. & Patricia A. Guyon William Dean & Sarah E. Hakes Jim M. Halderman & Michelle D. Lesar Verna C. Hannah Harter & Larson, L.L.C. John F. & Lois A. Hayward Esther Jane & Taffie Helleny LeeAnn S. Hill Florence Homan Dorothy Hughes Steven J. & Sandra S. Hughes Candis S. & Fred R. Isberner, Ph.D. Frank Isom, Jr. & Olive J. Isom Nancy W. Jackson & John S. Jackson, III Rebecca R. Jackson Anne Kelso & Kenneth W. Johnson Emily Vambaketes & Jason David Johnson Kurt E. & Julie A. Johnson The William R. Rosemarie Johnston Trust Larry B. & Carol Cross Jones Marshall B. Kapp, J.D. & Susan C. Kapp Margaret M. & Philip L. Kellogg Elizabeth Slusser & Matthew J. Kelly R. Jeffrey & Diane Kerkhover Perry Alan Knop & Sheila Jeanne Simon, J.D. David M. Kolker

Steven W. & Dorothy H. LaBounty Paul W. & Laura L. Lamar Gary & Nancy R. Larson Michael A. Lawder Michael A. Lawder Law Firm Jennifer Lesar Naomi Lesar Kathryn B. & E. Tod Lindbeck Livingston Law Firm John J. Lode Lucco, Brown, Threlkeld & Dawson, LLP J. Brian Manion Lowell E. Massie, M.D. & Nellie M. Massie Vito A. Mastrangelo & M. Elizabeth Brennan Paul Matalonis, Jr. & Kathy Lynn Livingston Catherine R. & Gordon L. McBride The Honorable Katherine M. & Douglas McCarthy M. Eric & Patricia R. McCubbin John C. McDermott Law Office of John C. McDermott Wrophas Meeks, M.D. & Dianne Meeks The Honorable Nelson F. & Adele E. Metz Cheryl J. & James H. Moeller Elaine B. & John J. Mohan Lokanath Mohapatra William F. Moran, III & Christa Moran Mormino, Velloff, Edmonds & Snider, P.C.


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Barbara Lesar 90th Birthday Celebration

Honor Roll Stephen B. Morris Stephen B Morris Law Office, P.C. Timothy Joseph Morris, J.D. Martha Peterson Mote Gregory P. Newton Mary N. & Matthew J. Nielsen Margaret A. Noe, Ph.D. & Charles L. Noe George A. & Amy G. Norwood Molly F. & William R. Norwood Thomas M. & Darla L. O’Shaughnessy Vikrant Bhupen & Sujal V. Panchal Kathryn Anne & Patrick McMahon Pericak Edwin D. Phillips, Jr., Ph.D. & Susan L. Phillips Arnold J. Pirtle & Jennifer Chenier-Pirtle Jesse Alexander Placher James L. & Lisa Porter & Mrs. Robert Pulliam Lara L. & Douglas J. Quivey Michael G. & Debbie Rath Jane R. Renfro Frederick F. Rettig, Jr. & Sue A. Rettig Michael G. Roach Charles W. Roe, D.D.S. & Mary M. Roe Matthew Joseph Rokusek Greg Edward Roosevelt, J.D. Ann B. & Peter H. Ruger John E. & Diane Toben Sanner

David M. Sharpe, Ph.D. & Anne S. Sharpe William R. & Sherrie F. Shirk Law Office of William R. Shirk, P.C. The Honorable Scott A. & Adriane L. Shore Jeffrey Alan & Joanne E. Shuck Patricia J. Simon Ronald R. & Debra L. Slemer Law Office of Ronald R. Slemer Gustavo B. Slovinsky L. Lee Smith Lenore S. Sobota Paul V. & Jennifer Joann Stearns Sterling & Dowling, P.C. David & Carol D. Stevens Jeffrey F. & Christy O. Stunson Richard Sturgeon Susan H. Tedrick Susan H. Tedrick Revocable Trust Julia A. & Ken B. Terry Jeanne M. Teter Donald & Vivian Ugent Jeremy R. & Jennifer M. G. Walker Lester S. Weinstine Wells Fargo Foundation Georgia M. Wessel & Gary P. Kolb The Honorable James M. & Darla Beth Wexstten Christopher C. White, M.D. & Julie White

Mary Beth & Ronald N. Williams Mary Beth Williams, Attorney At Law Donald W. & LaLeeta Wilson L. Patrick Windhorst & Holly Marie Barker

David L. Wood & Sharry Henk-Teston Shig William & Jodi N. Yasunaga Ronald Dale Young Dawne K. & Thomas J. Zupanci

On March 29, over a hundred people gathered at the Lesar Law Building to honor Barbara Lesar on the occasion of her 90th birthday. Although mostly social, the event did include formal remarks from Dean Alexander, Rickey McCurry, Vice Chancellor for Institutional Advancement, Richard O. Hart, Hon. J. Phil Gilbert, and Candis Isberner, Retired Executive Director, Broadcasting Services, WSIU. Remarks concluded with a surprise video message from Barbara’s twin sister, Louise Amyes, who lives in California. Barbara also addressed the group to express her gratitude and share remembrances of her late husband, the law school’s founding dean, Hiram Lesar. The event was also a fundraiser for the Hiram H. Lesar Professorship Fund.

Anniversary Circle Alumni who have graduated in the past five years (2004-2008) and have given an amount equal to or greater than the anniversary of the School of Law

Class of 2004

J. Brian Manion Charles David Mockbee, IV & Rebecca Lynn Mockbee Stephen M. Murphy

Class of 2005

W. Wylie Blair Shannon Michelle Connors Emily Vambaketes Johnson Jason David Johnson Jennifer Lynn Morris Judith A. Ray Lee Vaughn Rollins Dailey Elaine Wilson

Class of 2006

John Alexander & Thea Boden Christopher Patrick Dulle Timothy Joseph Morris, J.D.

Andrew C. Speciale, J.D. Lance Michael Trover Mollie Nolan Werwas Mark Kevin Wykoff, Sr. Ronald Dale Young

Class of 2007

Kristin Marie Beasley, J.D. Karen Elizabeth Borre Jay T. Curtis Brian Kent Hetzer, J.D. Matthew James Hodge Jesse Alexander Placher Rusty Keith Reinoehl, J.D. Matthew Joseph Rokusek Sarah Elaine Ward, J.D. David L. Wood & Sharry Henk-Teston

Class of 2008

Luke Michael DeSmet, J.D. Kristen N. Johnson Jamie L. McCarthy

Barbara Lesar with Richard and Carolyn Hart. Richard Hart, who is one of the law school’s founders, was also honored this year as Citizen of the Year in Benton, IL.

Founder’s Medal

The Honorable J. Phil Gilbert shown with Barbara Lesar before the Lesar Lecture in March. Judge Gilbert accepted the Founder’s Medal on behalf of the Gilbert family. His father John G. Gilbert and uncle W. Philo Gilbert helped acquire books for the SIU Law Library in its early days, to help the law school secure ABA accreditation.


Commencement

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Law school honors missing Chinese attorney

Spring Ceremony

Rule of Law Citation

Commencement Speaker Vanita Banks with Dean Alexander Patrick McGrath was the Senior Class Speaker

A total of 104 law students earned Juris Doctorate degrees in ceremonies at SIUC’s Shryock Auditorium on Thursday, May 7, 2009. Vanita Banks, Counsel with Allstate Insurance Company and Most Recent Past President of the National Bar Association, Chicago, IL, was the Commencement Speaker. The Alumni Achievement Award was presented to Alex M. Fine, ‘83, Williamson County Public Defender.

Due to a University-wide shift in graduation ceremonies to accommodate Arena renovations, the ceremony was held on a Thursday rather than the traditional Saturday. It was a beautiful evening for the reception, pictured left. At right, storm damage at the Law School Welcome Center. A major storm (derecho) hit the Carbondale area on Friday, May 8, resulting in massive damage from downed trees, including power outages. As a result, the law school was one of the only colleges that was able to hold its ceremony in Shryock Auditorium. The University did go forward with commencement ceremonies over the weekend, but they were held outdoors at McAndrew stadium.

A Chinese human rights attorney missing since February 2009 after being detained by Chinese police was honored by the Southern Illinois University School of Law during commencement ceremonies on Thursday, May 7. Gao Zhisheng received the law school’s 2009 Rule of Law Citation. The citation is a formal recognition by the law school faculty of the important tradition of the legal profession that “requires lawyers to stand firm in support of liberty and justice in the face of oppression and, by their words and actions, to honor and support the Rule of Law even at great personal risk.” One of China’s leading dissidents, Gao, a self-taught attorney, was first detained, according to various media reports, for writing an open letter in September 2007 to the U.S. Congress and other international organizations calling for a boycott of last year’s Beijing Olympics because of China’s human rights abuses. That resulted in a 58-day imprisonment and torture, according to some reports. Dean Peter C. Alexander said that as law school graduates embark on their careers, it is important for them to remember the sacrifices

and hardships that lawyers throughout the world face. “It’s a very important part of our graduation ceremony,” he said. “It’s an important lesson for our students to understand that lawyers sometimes suffer and are punished merely because they are lawyers.” A commencement hood and scroll placed on an empty chair in the front row with law school faculty symbolizes the law school standing with lawyers who are suffering for the Rule of Law.


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Law school offers Law school hosts CLEO summer institute summer program in Ireland Thirty-nine aspiring law students from across the country came to SIU School of Law in June to hone their academic skills during the six-week Council on Legal Education Opportunity summer regional institute. “One of the things CLEO does is help students figure out how to be a law student,” said Professor Peter C. Alexander, who served as CLEO director. “It’s a very effective program.” CLEO is a non-profit project of the American Bar Association Fund for Justice and Education. More than 6,000 economically disadvantaged students have participated since its inception in 1968. This is the first time the SIU law school served as host, but the fourth institute for Alexander. He taught in a CLEO workshop at the University of Pittsburgh School of Law, and co-directed two CLEO institutes while at the Dickinson School of Law at Pennsylvania State University.

SIU law students and faculty traveled to Ireland over the summer to participate in the studyabroad program. Through a partnership with the University of Missouri-Kansas City, students can earn up to 6.0 hours of law school credit for their studies at Diseart Cultural Center in Dingle, National University Ireland-Galway, and University College Dublin. Irish and American professors teach the courses. For many students, it is the first time they will travel outside the United States. Learning about international and comparative law issues helps students’ understanding of how U.S. law works,

and other ways they can approach legal issues, Associate Professor Cindy Buys said. Buys teaches international law at SIU, and initiated the partnership with UMKC. “I think most people in law realize that we are becoming a world without walls and that legal transactions take place internationally as often as they take place domestically,” Dean Peter Alexander said. “A local business in Southern Illinois might have parts it orders from a foreign country and it may do business with a foreign country. It is important for students to understand international comparative legal issues.”

Alexander, who directed the program here, was pleased with the quality of students on campus. “The students were impressive; they were enthusiastic. I think it’s a wonderful thing for the SIU School of Law to host them,” he said. Assistant Professor Christopher W. Behan, who taught criminal law, said he was impressed with the students’ preparation and enthusiasm for studying law. Other law school faculty involved with the program were Professor R.J. Robertson in contracts, Professor Alice M. NobleAllgire in property, and Associate Professor Sheila Simon, and Adjunct Professor Valery Christiansen Behan in legal research and writing.

SIU law students Michael Fischer, Alex Baker, and Stephen McGrady with a UMKC student in front of the U.S. Ambassador’s Residence in Dublin where they attended a dinner

Associate Professor Tom Britton (with wife Molly at far left), who taught in this year’s program, and SIU law students on Dingle Peninsula, Ireland CLEO particpants at SIU Law School. According to the Council on Legal Education Opportunity, about 60 percent of the participating students receive admission to a law school before the institutes begin; more than 90 percent of the students enter law school in the fall. Once students complete the program, they become CLEO Fellows and receive up to $5,000 in financial assistance from the Thurgood Marshall Legal Education Opportunity Program. Two students who participated will attend SIU law school in 2009-10.


Transition and looking ahead Frank G. Houdek was appointed interim dean of the law school effective July 1. Since July 2007, Houdek has served as associate dean for academic affairs. The former director of the law school library, Houdek has more than 24 years administrative experience at SIU. He will also continue as a law professor. “Frank Houdek moves to the interim deanship from his position as associate dean of the SIU School of Law. He is a long-term member of the School of Law faculty and I believe he brings to the position both historical perspective and a vision of the future for the school,” Interim SIUC Provost and Vice Chancellor Don S. Rice said. “I think he is very well-positioned to prepare the school for the selection of a new, permanent dean.” Houdek replaces Peter C. Alexander who has been dean since 2003. Alexander will be a visiting professor at the Notre Dame Law School this fall, and then on sabbatical in the spring for research for a book he’s writing on the financial dealings of famed architect Frank Lloyd Wright. Houdek has worked for five permanent deans and several interim or acting deans during his nearly 25 years at the law school. Houdek views his job as interim dean “as being one that tries to keep the law school on course and leaves the law school in good shape for when a permanent dean arrives.” The law school in the last several years worked hard and completed an ambitious self-study prepared as part of the American Bar Association’s accreditation process in 2008-2009, he said.

“The faculty in many discussions talked about and ultimately made decisions about directions they would like to see the law school move toward,” Houdek said. “In a way, the game plan has been designed by the faculty. I will do my best within available resources to implement as many of those decisions as I can, or at least prepare the law school to take the next steps toward implementation.” A key emphasis during the self-study process was on devising ways to incorporate more experiential, or hands-on, practical opportunities into the school’s program of legal education. Houdek noted that while the law school has had a “very substantial and significant clinical program” for many years, the faculty hopes to provide more experiential learning opportunities in the law school’s traditional courses as well. Two “semester away” programs for students will start with the upcoming 2009-2010 academic year, where students spend a semester living and working in different locations. The programs will be available for second- and third-year law school students, with an emphasis on third-year students. Under the guidance of Professor William Schroeder, students this fall will extern with the Missouri public defender’s office in southeast Missouri. In the spring, under the guidance of Associate Professor Thomas C. Britton, students in the program will have the opportunity to work in Springfield with a focus on state and local government. A Los Angeles native, Houdek, 60, earned his law degree, library and bachelor’s degrees at UCLA. He then worked in several professional library posi-

tions in Los Angeles before coming to SIU School of Law in January 1985. Houdek and his wife, Susan E. Tulis, an associate dean for Library Affairs at SIUC’s Morris Library, live in Carbondale. The couple has four children. The law school will conduct a search for a permanent dean in the coming year. The law school’s dean search committee includes both faculty and law school alumni. Rice said the University will conduct a national search. The application deadline is this fall, with the hope of naming a new dean in early winter. The anticipation is a new permanent dean will be in place by July 1, 2010, Rice said.

Interim Dean Frank Houdek and wife Susan Tulis with Barbara Lesar at her 90th birthday celebration

Frank Houdek ... is a long-term member of the School of Law faculty and I believe he brings to the position both historical perspective and a vision of the future for the school.


Southern Illinois University School of Law Lesar Law Building - Mail Code 6804 Southern Illinois University Carbondale 1150 Douglas Drive Carbondale, IL 62901


SIU School of Law