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Alums at Home as In-House Counsel The Gender Gap in the Practice of Law Class Action Giving Back


LETTER from the DEAN

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ear friends: One of the most interesting aspects of the law, and one of the intellectual pleasures of being a lawyer, is change. Attorneys are constantly asked to address new things: new clients, new problems, new laws and judicial precedents, and new circumstances in which to interpret and apply the existing law. No matter what your political views— which vary amongst our alumni—it is clear that our country is also in the midst of significant change. The United States changes whenever we elect a new president, particularly from a different political party. This election, whether you approve or disapprove of the result, Bob Adler reflected one of the most significant Dean of S.J. Quinney College of Law changes in philosophy and approach in U.S. history. What I suspect we can all agree on in these circumstances is that The Federalist No. 78, that liberty can only be protected if the judithe role of lawyers, and the role of law, is most critical to our so- cial branch “remains truly distinct” from the executive and legislative ciety during times of intense change. New and different ideas and branches of government. Many of our alumni provide a huge service approaches often provoke disagreement and dissent. Some of that as state and federal judges, and we owe them all a debt of gratitude conflict will be expressed in the form of public protest or civil dis- for their commitment to fairness and justice. Amidst all of this intense change, one thing we had not modiobedience. It will also be played out in the courtroom, as different fied in many decades was Res Gestae. I suppose that is appropriate interest groups challenge or defend new ideas based on their own because another enduring feature of the law is stability and tradition. views and preferences. We are all better off when intense disagreement about matters of Many of you, however, have told us that the time for change in the content, look, and feel of Res Gestae was long overdue! public policy is resolved through the kind of rational discourse the Over the past two years, we have responded to those requests by judicial process provides. That is where we attorneys are at our best, and where we provide some of our most important service to society. publishing more articles that are directly relevant to our alumni as We translate the heartfelt beliefs of our clients about what is good or practicing profesbad for our country, society, and the world into arguments that can sionals, and we “Liberty can only be protected if the judicial will continue to be weighed in a peaceful, rational way. branch ‘remains truly distinct’ from the execuThe need to resolve those disagreements through the legal process do so. This editive and legislative branches of government.” also highlights the critical role of our judicial system, and our judges. tion now sports a That is why, when members of the federal judiciary were being criti- dramatically more cized unfairly during emergency litigation challenging the legality of current design, which we hope you will find more appealing, more President Trump’s first travel ban, I published an op-ed in The Salt accessible, and more readable. Most of all, we hope it will encourage Lake Tribune on Feb. 11 about the importance of a fair and impartial you to continue reading our semi-annual alumni magazine, and that you will continue to give us more ideas to improve our magazine and judiciary. Our alumnus and Utah Bar President, Robert Rice, penned a our law school. similar op-ed in the Tribune on May 4 about the importance of an With best wishes, independent state judiciary. Although I took no position on the merits of the case, I thought it important for everyone to accept, as Alexander Hamilton urged in

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TABLE OF CONTENTS

RES GESTAE SPRING ISSUE

J U N E 2017

res ges·tae

03 04

(n.)

ˈrās ˈɡesˌtī,ˈrēz ˈjestē/ LAW 1. from Latin for “things done,”

i.e. all circumstances surrounding and connected with a happening.

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Photo by Austen Diamond Photography

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F E E DB AC K Welcome to a newly designed Res Gestae.

L E T T E R F ROM T H E PR E SI DE N T Michele Ballantyne reflects on her tenure as president of the College of Law’s Board of Trustees.

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Guest columnist Michael Zimmerman explores how mindfulness can help attorneys find peace in a stressful profession.

FAC U LT Y F E AT U R E Professor Paul Cassell worked with six students who presented their personal stories of surviving sexual assault to classmates.

OPE N I NG S TAT E M E N T S Brief news and happenings at the College of Law.

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C L A S S NOT E S News from alumni around the globe who are doing amazing things with their law degrees.

DISC OV E RY Research and faculty news from the College of Law.

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A LU M N I F E AT U R E College of Law alumni share their career paths to becoming in-house counsel in the public and private sector.

S T U DE N T F E AT U R E Gary Wilkinson was a one-time high college dropout who turned his life around and today is a newly graduated attorney who left the College of Law at the top of his class.

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H E A D TO H E A D Two law school graduates. Two experiences. Two generations. Res Gestae catches up with former editors of The Utah Law Review.

A LU M N I CH A P T E R NEWS Introducing a new alumni chapter in the San Francisco Bay Area.

GI V I NG B AC K Inspiring stories of donors who’ve generously contributed to help advance the mission of the College of Law.

C OV E R S TORY Addressing the Gender Gap in law.

E DUC AT ION F E AT U R E Training the next generation of lawyers through developing relevant learning outcomes.

L E T T E R F ROM T H E DI R EC TOR OF A LU M N I R E L AT IONS Lori Nelson introduces new alumni chapters and previews upcoming class reunions.

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T H E G A L L E RY Photos of people celebrating at College of Law events and activities throughout the year.

SCHOL A R SH I P S TOR I E S The faces and stories behind some of the scholarships that are helping College of Law students achieve their dreams of completing law school.

CLOSING ARGUMENT Law students celebrate track suit day in honor of former dean Walter Oberer; a new permanent display houses work by cartoonist Pat Bagley.

The College of Law performed well at a host of external competitions across the country.

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WELCOME TO YOUR NEWLY DESIGNED RES GESTAE

F E E D B AC K

R es Gesta e E d itor/ Writer

EDITOR’S NOTE

Melinda Rogers

As you probably noticed, Res Gestae is different. The S.J. Quinney College of Law has been engaged in a redesign over the past six months and we hope you like the results. Throughout the process of redefining the alumni magazine, the college worked with the Board of Trustees Alumni Relations Subcommittee to hear their ideas and suggestions for the redesign, including ideas on content. One such idea has emerged in the new guest column, written for this issue by Michael Zimmerman. We hope the ideas won’t stop. We want to hear from you: Your personal stories, your ideas for other stories and columns and your reaction to the new Res Gestae. Drop us a line at resgestae@law.utah.edu. You can also connect with us on social media on Facebook, Instagram, YouTube and Twitter (@sjquinney).

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Photog raphy Austen Diamond Photography Dana Wilson Sarah May

Photo by Austen Diamond Photography

Res Gestae is published twice a year, in late spring and late fall by the University of Utah S.J. Quinney College of Law. The publication is available online at www.law.utah.edu. Got a story to share? We’d love to hear from you! Email editor Melinda Rogers at melinda. rogers@law.utah. You can also submit general alumni news online at: www.law.utah. edu/alumni/alumni-newssubmission/. Submissions may be edited for length and style.

COR R EC T IONS

BUILDING CAPITAL CAMPAIGN

$5,000 to $9,999 Nancy L. Melich and J. Alexander Hemphill

In the fall 2016 issue of Res Gestae donor entries were omitted. Res Gestae regrets the error and appreciates the contributions of the following donors:

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DONOR REPORT

$100,000 to $499,999 ESRR Endowment Fund for the Wallace Stegner Center $10,000 - $24,999 Carl K. and Gloria Davis


Michele Ballantyne President of the S.J. Quinney College of Law Board of Trustees

LETTER from the PRESIDENT Dear alumni and friends, This will be my last message as president of the S.J. Quinney College of Law’s Board of Trustees. It has truly been an honor to serve in this position. We have amazing alumni who are working on important issues that affect the lives of many and have an impact on important legal questions in our society. I have greatly appreciated the opportunity to visit with alumni at College of Law events and activities. Your stories motivate me and your loyalty to the college is appreciated. It has also been a privilege to work with Dean Bob Adler and the dedicated staff and faculty at the College of Law. I have seen the countless hours they devote to the students, the school, and the alumni of the law school. Every day they make a difference. It is difficult to believe that two years have gone by since I undertook this role – but what an eventful time it has been! We have enjoyed stimulating lectures as part of the Fordham Debates and the Leary Lectures. We have gained a greater understanding of environmental issues and concerns through the Wallace Stegner Symposiums and green bag lectures. We have served the community through our pro-bono brief legal advice clinics and clinical placements. All of the activities help support the college’s mission

of achieving excellence in the professional education of lawyers, advancing knowledge through the dissemination of high quality legal scholarship, and performing valuable public service to the university, the state of Utah, our nation, and the global community. Of course, one of the highlights of my time as president was the grand opening of our beautiful new building. What a thrill it was to see 800+ faculty, staff, students, alumni and community leaders join together to celebrate the completion of this project. This new facility provides students with a state-of-the art learning environment and is recognized as one of the university’s premiere buildings on campus. I hope that each of you will continue to support the college in any way possible: attending events, volunteering, mentoring students, and making financial contributions. Your support as alumni will help the college continue to advance and will benefit generations of students. I express my sincere appreciation for the opportunity to work with you to make the S.J. Quinney College of Law the best school possible. Sincerely,

Michele Ballantyne

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O P E N I N G S TAT E M E N T S IMPRESSIVE NEW RANKINGS FOR LAW SCHOOL IN NATIONAL JURIST The S.J. Quinney College of Law’s strong clinical program, simulation courses, Pro Bono Initiative and other opportunities for students to gain hands on experience before graduation has propelled the college to be named among the best law schools in the nation for practical legal training, according to newly released rankings by The National Jurist magazine. The National Jurist  ranked the College of Law the 12th  best program in the country, continuing the college’s streak of being consistently ranked in the top 20 law schools in the country for practical training. The National Jurist also ranked the College of Law as the number two school in the nation for sustainable practices and education. The college is second only to Lewis & Clark in Oregon on The National Jurist’s list of “greenest law schools.”  The recognitions follow a notable performance in the recently released 2018 U.S. News & World Report rankings of ABA-approved law school, where the College of Law ranked in the top 50 overall, and in the top 10 for specialty programs in environmental law.

INAUGURAL LIGHTSPARK SYMPOSIUM BRINGS FOCUS ON ENTERTAINMENT LAW

Barry Scheck Co-Founder of The Innocence Project

Maria Bello

The S.J. Quinney College of Law partnered with the Utah-based Lightspark Foundation to host the inaugural Lightspark Media Summit on March 3. The day-long symposium brought together digital artists, musicians, directors, producers, actors, business people, students and attorneys to explore emerging trends in the film, TV and music industries. Designed to maximize both learningand networking, the summit was designed to blend presentations, interactive panel discussions, performances and live demonstrations. The event featured a keynote address from actress Maria Bello. The day was centered around a Stewards of Story theme, in which conversations were guided to explore what taking responsibility for ethical storytelling means today. The event was the brainchild of Professor Terry Kogan and several law school alumni, including Jared Ruga, a 2016 graduate, who coorganized the event and is now vice president for film and television at Sentry Financial Corporation. Jonathan Ruga, CEO of Sentry Financial Corporation, also played a pivotal role in the creation of the event. Professor Terry Kogan contributed greatly to the event.

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Photo by Dana Wilson

Actress


STUDENT MATT GROW EMBARKS ON NEW PUBLIC POLICY FELLOWSHIP

Photo by Dana Wilson

Courtesy Photo

West Virginia native Matthew Grow had planned to stay on the East Coast to attend law school, but he was drawn to the University of Utah based on the school’s reputation for collaboration and small class sizes. Grow’s legal education took an interesting turn this year, when he was named the law school’s inaugural recipient of the Public Citizenship Fellowship. Grow spent a semester working as part of the fellowship, which was designed “to improve the quality of justice” by seeking “improvement of the law, access to the legal system, the administration of justice of the quality of service rendered by the legal profession,” said Linda Smith, a professor of law who also directs the law school’s clinical program. The fellowship was based on the notion, set forth in the Preamble to the ABA Model Rules of Professional Conduct, that a lawyer is not only a representative of clients and an officer of the court, but also “a public citizen having a special responsibility for the quality of justice,” Smith noted. Grow’s fellowship projected focused on the current state of expungement law and his research contributed to freeform discussions in the Utah State Legislature. “I recognized that there was an opportunity for change to the law itself given the successes in criminal justice reform in Utah over the past few years. Criminal records severely limit the most basic and vital aspects of life for anyone carrying them. FindStudents and faculty at the S.J. Quinney College of Law got ing a job, housing, or a loan a front-row seat on setting standards for use of DNA evidence in becomes an almost impossible courts when attorney Barry Scheck visited the University of Utah task, and left without options, campus earlier this year. Scheck is the co-founder of The Innocence many criminal offenders needProject (and also well-known for his role on O.J. Simpson’s defense lessly struggle on the path Matthew Grow team, which won a highly-publicized acquittal in the 1994 murder away from recidivism. That is Student case). He is known for landmark litigation that set the standards for why I worked on a number of using DNA evidence in courts and spearheaded a nationwide move- initiatives and legislative bills ment to re-examine the fairness and efficacy of the criminal justice remove needless barriers to expunging criminal records,” said Grow. system. A commissioner for the New York State Forensic Science “This opportunity has also given me a chance to implement what I’ve Review Board and professor at the Cardozo School of Law at Yeshiva learned so far in school––i.e., statutory interpretation, constitutional University, Scheck is considered one of the 100 most influential law, etc.––and turn the theoretical into what I hope are substantive lawyers in America. He spoke to the general public as part of the changes in the criminal justice system.” U’s annual Tanner Lecture on Human Values, but spent additional time at the law school with law students, who were able to ask him questions about some of his most controversial cases.

STUDENTS GET UP CLOSE AND PERSONAL WITH FAMED ATTORNEY BARRY SCHECK

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Photo by Dana Wilson

Constantine Golicov (L) and Skyler Anderson (R)

ALUM SKYLER ANDERSON SHARES LESSONS LAW REVIEW SYMPOSIUM EXPLORES THE FROM HIGH-PROFILE DEPORTATION CASE ROLE OF THE BYSTANDER For two years, Constantine Golicov sat in a Utah County Jail, facing the possibility of deportation to Moldova —a country he’d left as a 15-year-old in 2001 to start a new life in the U.S. with his family in Utah. His crime? He’d been placed in deportation proceedings in 2012 after a third-degree felony conviction in 2010 for failing to respond to a police officer’s signal to stop. Golicov was ordered to serve 30 days in jail and placed on probation for the crime. He was detained longer, however, after the Department of Homeland Security charged that his failure to stop for the police met the definition of “crime of violence” under the Immigration and Nationality Act. Today, he’s a free man, thanks to the perseverance of Utah lawyer Skyler Anderson, who shared the story behind Golicov’s legal battle as part of an event organized by the law school’s Student Immigration Law Association. Anderson and Golicov spoke to a full classroom of students at the lecture, titled “Deportation: My Experience.” After serving time for his conviction, Golicov received a notice to appear by the Department of Homeland Security in 2012, stating he could be removed from the country because his conviction constituted an aggravated felony under the Immigration and Nationality Act. Anderson, a 2009 graduate of the University of Utah S.J. Quinney College of Law, took on Golicov’s case and spent nearly two years navigating the legal system, arguing that the definition of a “crime of violence” in the Immigration and Nationality Act was unconstitutionally vague. Anderson and Golicov emerged victorious in September, when the 10th Circuit Court of Appeals agreed that a portion of the federal immigration statute on deportable offenses was unconstitutionally vague.  Golicov’s deportation order was vacated, freeing him, while setting a precedent for similar cases that had relied on the same portion of the Immigration and Nationality Act. The legal battle may not be over. The U.S. Supreme Court recently heard legal arguments on the issue in the case of  Lynch v. Dimaya, in which a decision is pending. The outcome could potentially affect cases such as Golicov’s. Anderson and Golicov told students they are ready to continue their legal fight.

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Imagine living in Poland in 1942. One day, German infantry systematically move from house, forcefully removing Jews from their homes and loading them into transport trucks. You are a bystander. Your existence is not under threat, nor are you actively participating in sending the Jews to their death. Do you think you would have acted? That question was at the forefront of a symposium at the S.J. Quinney College of Law recent symposium designed to explore the role of the bystander in historical events, like the Holocaust, but also reflects on the role of the bystander in the world today. Three panels with leading academics and professionals addressed the legal and moral obligations of the bystander. The first panel considered the bystander during the Holocaust, the second panel considered the bystander with respect to modern day war crimes, and the third panel discussed the bystander during sexual assaults. “The topic has never been more timely,” said Scott Phelan, a third-year law student who organized the event with professor Amos Guiora. “Whether it’s changing rape culture, watching the escalating refugee crisis or observing other humanitarian crises transpire across the globe, launching a conversation about the role of bystanders is essential.”

Professor Louisa Heiny (left) moderates a panel with sexual assault survivor Brenda Tracy (right)


Photo by Dana Wilson

LEARY LECTURE FOCUSES ON THE LEGITIMACY OF POLICING The 51st Annual William H. Leary Lecture drew a crowd of more than 300 people to the S.J. Quinney College of Law in February where the searing topic ‘What are police for?’ took center stage. Tracey L. Meares, a law professor at Yale University, delivered the lecture, which explored new empirical research that highlights not only the nature of the relationship that individuals have with legal authorities but also how the nature of that relationship implicates how communities understand one another. A recap of the lecture can be viewed on the law school’s YouTube page.

THE WALLACE STEGNER CENTER ANNUAL SYMPOSIUM SHINES LIGHT ON “WATER IN THE WEST” The Stegner Center’s 22nd Annual Symposium in March brought together hundreds from the community to focus on “Water in the West: Untapped Solutions.” The symposium addressed how the twin drivers of climate disruption and demographic change are likely to impact water availability in the West over the next 50 years. The symposium addressed four sets of issues: changing law—legal innovations to address these issues; changing science and the role of technology in improving data-driven water resource planning and management; changing infrastructure and new approaches like recycling wastewater; and changing behaviors—creating incentives that bring about the changes needed to respond to a dynamic world. The symposium included speakers from the physical, biological and social sciences, academia, government, industry, public interest organizations, and the legal profession.

Photo by Dana Wilson

Tracey L. Meares

“Whether it’s changing rape culture, watching the escalating refugee crisis and observing other humanitarian crises transpire across the globe, launching a conversation about the role of bystanders is essential.” Scott Phelan Student

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LAW PROFESSORS TAKE ON TRUMP POLICY IN AMICUS CURIAE BRIEFS

Courtesy Photo

D I S C O V E RY

A group of S.J. Quinney College of Law professors in February weighed in on a proposed travel ban introduced by president Donald Trump in the State of Washington v. Trump case heard by a Ninth Circuit panel of judges. At issue was whether an executive order on immigration signed by the president on Jan. 27 was unconstitutional. Professor Amy Wildermuth, with assistance from professor Lincoln Davies,  submitted  amicus curiae  briefs on the issue of the State of Washington’s standing to bring the case. Besides Wildermuth and Davies,  professors Alex Skibine and Robin Craig, also faculty at the S.J. Quinney College of Law, contributed to the briefs. A total of 10 law professors across the country signed on to the effort, including the Utah contingency.  The S.J. Quinney College of Law also showed a live stream of the high-profile Ninth Circuit oral argument in  State of Washington v. Trump  in  the law school’s moot courtroom.

“CLARENCE THOMAS, THE QUESTIONER” November marked the 25th anniversary of Justice Clarence Thomas’s first question as a U.S. Supreme Court justice. The milestone inspired S.J. Quinney College of Law Professor RonNell Andersen Jones to research every question the typically-quiet Justice Thomas has ever asked at oral argument as a jurist. Along with co-author Aaron Nielson of Brigham Young University, Andersen Jones completed an analysis of the questions in an article, “Clarence Thomas the Questioner,” accepted for publication by the top-ranked Northwestern Law Review.  “Our conclusion is completely counterintuitive: Justice Thomas has been criticized for being largely silent from the bench, and many think that he should ask more questions because it is lazy, disrespectful, inattentive, unintelligent not to do so. Our argument comes from an entirely different direction,” said Jones. “Based on our analysis, we think that Justice Thomas should ask more questions because it turns out that he is unusually good at it. Indeed, in many respects, he is the model questioner. His questions are always polite; he doesn’t wander or spin out crazy hypotheticals; he pays careful attention to the facts; and he doesn’t interrupt his colleagues. Everyone who follows the Court thinks of Justice Thomas as the justice who doesn’t ask questions. We think, however, that it might be useful, at this anniversary of his time on the bench, to focus on the content of the questions he does ask,” she said.

Lincoln Davies

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Photo by Sarah May

New chairs were named at the S.J. Quinney College of Law. See story, page 12.

THE FUTURE OF NET METERING It’s cheaper than ever before for people in the U.S. to install rooftop solar panels as an energy source. With the trend continuing to gain traction, states have started revisiting the laws they use to promote rooftop solar—so-called ‘net metering’ policies.  An analysis by Lincoln L. Davies, associate dean for academic affairs and a professor at the S.J. Quinney College of Law, examines how one state’s dramatic move away from net metering in recent years may set the stage for other states—including Utah—to follow suit.  In newly published research for Brookings Mountain West, “Nevada’s Net Energy Metering Experience: The Making of a Policy Eclipse?” Davies and co-author Sanya Carley, a professor at Indiana University, explore Nevada’s choice to replace its net metering law with a different tactic. With traditional net-metering policies in many states, when a homeowner or business installed solar panels and placed extra electricity on the grid, the public utility paid the consumer the same price for the electricity that the consumer would have paid to buy electricity from the grid. Net-metering policies have largely been considered a positive way to encourage installation of distributed power like rooftop solar, and reduce the cost of owning solar panels for consumers. In 2015, Nevada took a different approach, implementing a new program in which Nevada’s utilities no longer pay solar and other small-scale energy system owners the retail rate of electricity. Instead, they pay owners a lower wholesale price of electricity. The move resulted in many rooftop solar providers leaving the state, slowing the what was a thriving solar industry, and creating significant public opposition to the change. “Nevada’s choice to move away from net metering for rooftop solar caused alarm throughout the industry,” Davies said. “One of the key ways the state was supporting solar is now going away, and it initially looked like Nevada was going to do so retroactively. Many environmental interests see this as problematic, both because policy stability is necessary to support renewables and because there is a concern that other states may follow Nevada’s lead.”

Davies and Carley’s research for the Brookings Institution examines what happened in Nevada, what other states are considering, and what it may mean for the future of rooftop solar in the U.S., including in Utah.

KOGAN A VOICE IN HISTORIC FIGHT OVER GENDER NEUTRAL BATHROOMS S.J. Quinney College of Law Professor Terry Kogan filed an amicus curie brief in the Gloucester County School Board v. G.G. case earlier this spring in the U.S. Supreme Court. The issue is whether public school systems should allow transgender students to use bathrooms that align with their gender identity. Kogan’s brief assisted the court by placing interpretation of Title IX and its implementing regulation in historical context by challenging two fundamental  assumptions that underlie arguments in support of the petitioner: Public restrooms are separated by sex  because of anatomical differences between men and women; and public restrooms have been separated by sex throughout history.  In March, the case was remanded to the United States Court of Appeals for the Fourth Circuit in light of new guidance from the U.S. Department of Education and U.S. Department of Justice. For more than two decades, Kogan’s scholarship has explored the difficulties faced by transgender people in using sex-separated public restrooms. His recent work explores the history of laws in the United States mandating sex segregation  in public restrooms. That scholarship reveals that such laws, first enacted in the late nineteenth century, were not based on anatomical differences between men and women, but rather on an archaic vision of women as weak, vulnerable, and therefore in need of protective spaces whenever they entered the public realm.

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MCLAUGHLIN APPOINTED TO AN ASSOCIATE REPORTER FOR AMERICAN LAW INSTITUTE PROJECT Nancy A. McLaughlin, a professor at the S.J. Quinney College of Law, has been appointed associate reporter for the American Law Institute’s Restatement of the Law, Charitable Nonprofit Organizations project. McLaughlin will work with reporters Marion Fremont-Smith from Harvard and Jill Horwitz from UCLA to comprehensively address the laws governing charities and charitable assets in the United States. The Restatement will address legal questions relating to the formation, governance, and termination of charities; the duties of governing boards and individual fiduciaries; federal and state regulation of charities; and the laws governing charitable assets and pledges. The American Law Institute is the leading independent organization in the U.S. producing scholarly work to clarify, modernize, and otherwise improve the law. The institute drafts, discusses, revises, and publishes restatements of the law, model codes, and principles of law that are enormously influential in the courts and legislatures, as well as in legal scholarship and education. By participating in the institute’s work, its distinguished members have the opportunity to influence the development of the law in both existing and emerging areas, to work with other eminent lawyers, judges, and academics, to give back to a profession to which they are deeply dedicated, and to contribute to the public good.  McLaughlin has been a member of the American Law Institute since 2007.

THE IMPACT OF BROADENING CRISPR PATENTS New research published by law professor Jorge Contreras in the journal Science proposes that universities currently holding CRISPR patents open their licenses to broader segments of the biopharma industry —a change that could potentially lead to important discoveries for human health and medicine. CRISPR stands for Clustered Regularly Interspaced Short Palindromic Repeats, which are the hallmark of a bacterial defense system which forms the basis for the popular CRISPRCas9 genome editing technology.   “Because the potential for CRISPR as the engine for the creation of life-saving drugs and therapies is  potentially compromised by the current licensing model, it should be corrected to improve the potential for enhancing public welfare,” said Contreras of his findings in  Science,  titled “CRISPR, surrogate Clifford Rosky licensing and scientific discovery: Have research universities aban-

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doned their public focus?” Contreras, along with co-author Jacob S. Sherkow of New York Law School, critiques the current “surrogate” licensing model for biopharma technology licensing and proposes a new model that would broaden the accessibility of the technology to others. The call for a new licensing model has been prompted by the emergence of CRISPR-Cas9, a revolutionary technology that can be used to edit the DNA sequence of any living organism. The technology has been mired in recent legal battles over patents. At issue is who owns what part of the technology —and who should be able to access the technology in the future.  The basic CRISPR technology was developed at several major research universities: the Broad Institute (a collaboration between Harvard and MIT); UC Berkeley and University of Vienna.  These universities have each patented aspects of the basic CRISPR technology. Berkeley and Vienna, on one hand, and Broad (Harvard-MIT), on the other hand, have each licensed the use of their CRISPR patents for human therapeutics to a single company formed by the university and its principal CRISPR researchers.  These two companies therefore control the use of this potentially valuable technology around the world. Traditionally, broadly-applicable patents on research tools have been licensed on a non-exclusive basis, meaning that many companies can use them to discover and develop new drugs and therapies.   But, contrary to guidance from  the  National Institutes of Health and a 2007 accord signed by the universities themselves, the use of CRISPR for all human therapeutic applications has been licensed exclusively to two companies.    “Because there is no way that these two companies, even with their commercial partners, can hope to explore all biomedical applications of CRISPR, this exclusivity has the potential to limit the number of life-saving drugs and treatments that can be developed,” said Contreras.

THE FUTURE OF ANTI-GAY CURRICULUM POLICIES Professor Clifford Rosky will publish a new comprehensive study of anti-gay curriculum laws in a forthcoming issue of the Columbia Law Review. The research, titled  “Anti-Gay Curriculum Laws,” explores which issues the lesbian, gay, bisexual, and transgender (LGBT) movement should prioritize in the aftermath of the U.S. Supreme Court decision to legalize gay marriage. Rosky’s research provides a framework for a national campaign to invalidate anti-gay curriculum laws—statutes that prohibit or restrict the discussion of homosexuality in public schools. “These laws are artifacts of a bygone era in which official discrimination against LGBT people was both lawful and rampant. But they are far more prevalent than others have recognized. In the existing literature, scholars and advo-


cates have referred to these provisions as “no promo homo” laws and claimed that they exist in only a handful of states,” Rosky’s research states. Based on a comprehensive survey of federal and state law, the research shows that anti-gay provisions exist in the curriculum laws of 20 states, and in several provisions of one federal law that governs the distribution of $75 million in annual funding for abstinence education programs. “In light of the Supreme Court’s rulings in four landmark gay rights cases, these laws plainly violate the Constitution’s equal protection guarantees, because they are not rationally related to any legitimate governmental interests. For the moment, however, federal and state officials still have the legal authority to enforce these laws, because no court has enjoined them from doing so. By challenging one of the country’s last vestiges of state-sponsored homophobia, advocates can help to protect millions of students from stigmatization and bullying, giving them an opportunity to thrive in our nation’s public schools,” the research states.

NEW CHAIRED PROFESSORS ANNOUNCED Six professors at the S.J. Quinney College of Law have been named to new chaired professor appointments as a result of their excellence in teaching, research and service. The positions were announced at a public reception and ceremony on Jan. 12 at the law school.

THE NEW CHAIRS ARE: Professor Erika George Samuel D. Thurman Endowed Professor of Law

Professor Ronnell Andersen Jones Lee E. Teitelbaum Endowed Professor of Law

Professor Jeff Schwartz William H. Leary Professor of Law

Professor Linda F. Smith James T. Jensen Professor of Transactional Law

Professor Robin Craig Previously the Leary Professor

James I. Farr Presidential Endowed Chair in Law

Associate Dean Lincoln Davies Previously the James I. Farr Chair

Hugh B. Brown Presidential Endowed Chair in Law

“Each of these faculty members richly deserves this honor, which recognizes their individual professional achievements in the realms of scholarship, teaching, and service,” said Robert B. Keiter, a law professor who chairs the committee that recommends the appointments. Those honored have impressive achievements at the law school.” Erika George

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There is no shortage of career directions to take with a reflect on what drew them to their respective positions as in-

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ALUMNI

Compiled by Lori Nelson

law degree. Several S.J. Quinney College of Law graduates house counsel at businesses and non-profits around the globe.

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DIANNA GIBSON

TSUTOMU L. JOHNSON

WHAT DO YOU DO? I am the deputy general counsel of Vista Outdoor Inc. Vista Outdoor is a publicly traded company that designs, manufactures and sells a variety of consumer outdoor recreation products, globally. Vista Outdoor has a diverse portfolio of well-recognized brands in the outdoor recreation market (e.g., CamelBak, Bell, Giro, C-Preme, Bushnell Golf, Bolle, Camp Chef, Jimmy Styks, Serengeti) and  in  the hunting  and shooting  markets  (e.g., Federal Premium, CCI Spear, Savage Arms, Primos, Bushnell, Champion Target). Vista Outdoor is headquartered in Farmington, Utah, and employs more than 7,000 employees worldwide.  Vista Outdoor is a spin-off of Alliant Techsystems Inc. (ATK), which is now known as Orbital ATK.

WHAT DO YOU DO? After graduating from law school, I worked at Snow, Christensen & Martineau where I established Utah’s first Cyber Security practice group. I left Snow, Christensen & Martineau to join Teleperformance’s U.S. office as their associate corporate counsel for data security. Currently, I serve Teleperformance globally as its senior vice president of privacy and corporate counsel. In that role, I am responsible for Teleperformance’s Privacy Office, Technology and Privacy Committee, and global privacy program. I review global data privacy laws, draft global policies regarding those laws, and conduct privacy assessments for new projects around the globe.

Graduation Year: 1996

WHAT MADE YOU CHOOSE INHOUSE COUNSEL OVER ANOTHER TYPE OF JOB? Before making the move in-house, I was a partner at Parsons Behle & Latimer, in the litigation department. I had been in private practice for 10 years when I decided to take the opportunity to try something entirely new.  It was not an easy decision to leave private practice, but ATK offered me a position as associate general counsel, in its Aerospace Group.  The role, as described to me, included supporting ATK in establishing a Dianna Gibson new commercial composites business, negotiating various international contracts with commercial customers, suppliers and foreign military agencies and governments, working on government contracts with the U.S. government and basically addressing any and all legal issues that impacted the businesses I supported.  I chose to go in-house to expand my legal skills and experiences in both business and international law. And, the “requirement” to travel internationally may have influenced my decision as well.  The experiences I have had since taking that position with ATK have far exceeded my expectations.

Graduation Year: 2011

WHAT MADE YOU CHOOSE IN-HOUSE COUNSEL OVER ANOTHER TYPE OF JOB? I loved working at Snow, Christensen & Martineau and I felt like the attorneys at that firm helped me understand how to manage litigation cases. As I transitioned my practice to Data Security and Privacy, I looked for opportunities to apply my data security skills nationally or internationally. I figured the best way to develop those skills would be with a company with global reach. When I was asked to join Teleperformance, it was a perfect fit because it operates out of 70 countries, is headquartered in Utah, and wanted national and international privacy advice. WHY DO YOU LOVE WHAT YOU DO? I love my work because privacy is an emerging area of law that affects everyone in their daily lives. People use their personal information to buy things, drive, or travel—organizations (both small and large) must develop solutions that protect that information from bad actors. On a daily basis, I feel like I provide solutions to protect that information.

WHAT’S ONE THING YOU LEARNED IN LAW SCHOOL THAT HAS STUCK WITH YOU—AND HELPED YOU FIND SUCCESS IN WHAT YOU CURRENTLY DO? WHY DO YOU LOVE WHAT YOU DO? The law school taught me so The days are long sometimes. But, I actually do love practicing many things, it’s difficult nailing law. In private practice, I loved being in court, and now I love the variety down one thing that has helped I experience being in-house.  In my position with a global company, I get me find success. The courses in to be the ultimate legal generalist, world-wide.  I work with people from writing, research, commercial law, all around the world, and I have learned, and continue to learn, about trial advocacy, and appellate advodifferent cultures, legal systems, ways of doing business and life outside cacy helped form my foundation of the United States. Every day is interesting and different. as an attorney. But, in addition to all of those courses, the courses on WHAT’S ONE THING YOU LEARNED IN LAW SCHOOL Tsutomu L. Johnson mediation and alternative dispute THAT HAS STUCK WITH YOU—AND HELPED YOU FIND resolution have helped me imSUCCESS IN WHAT YOU CURRENTLY DO? mensely. Whether I’m negotiatProfessor Oberer, one of my contracts professors, is famous for several “Oberisms.”  One that sticks with me is the “Bikini Prin- ing policies with company stakeholders—or negotiating contracts with third parties—learning how to identify shared objectives and ciple.”  With regard to contract drafting, Professor Oberer said:  “It is not practical to cover everything; but you must cover the essentials.”  negotiate towards those objectives helps me every day. I’m sure that this is more of paraphrase than a quote, but the message is still true.

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S.J. QUINNEY COLLEGE OF LAW


STEVEN R. RODGERS

ELIZABETH WINTER

WHAT DO YOU DO? I am executive vice president and general counsel of Intel Corporation. I am Intel’s chief legal officer, and I lead Intel’s Law & Policy Group, which includes 700 lawyers and other legal professionals working around the world. Intel is the world’s largest semiconductor company.

WHAT DO YOU DO? I am vice president and general counsel for the University of Utah.

Graduation Year: 1990

Graduation Year: 1992

WHAT MADE YOU CHOOSE IN-HOUSE COUNSEL OVER ANOTHER TYPE OF JOB? I spent the first half of my legal career as a litigation partner in a law firm. I loved what I did, especially courtroom work, but over time I found myself wanting to move closer to the business and the strategies that drive that business. Intel was my primary client and the move in-house became inevitable and natural. WHY DO YOU LOVE WHAT YOU DO? Steven R. Rodgers Intel’s position at the forefront of the technology revolution produces some of the most complex and interesting law and policy challenges out there. Just yesterday, for example, I spent the day discussing with some of the smartest scientists on the planet how ethics and morals should be programmed into an autonomous computer system. How should machines make life or death decisions? The work is never boring, and I love the people I work with. WHAT’S ONE THING YOU LEARNED IN LAW SCHOOL THAT HAS STUCK WITH YOU—AND HELPED YOU FIND SUCCESS IN WHAT YOU CURRENTLY DO? I will never forget Dean Oberer, in first year contracts, standing before the class with his Yoda-like sly (and wry) grin, endlessly reminding us that “lawyer” is a verb, not a noun, and that we should learn to lawyer with our feet up on the desk. “What should be the answer,” he would ask, in my memories for hours on end. I have used his message endless times over the years, and my team knows that when we face a tough issue, I will tell everyone to put away their laptops and notebooks and put their feet up on the desk.

...the days are long sometimes...but every day is

different.

WHAT MADE YOU CHOOSE IN-HOUSE COUNSEL OVER ANOTHER TYPE OF JOB? I enjoy being part of a team and the ability to really focus on a common goal. My sense is that as in-house counsel, you get called in earlier, and can help guide the organization toward constructive resolution of problems. Our main office is in the Park Building on campus.  It’s great to see students walking around on campus, and know we’re part of the team helping to further their education WHY DO YOU LOVE WHAT YOU DO? I love my colleagues in the Office of General Counsel, they are smart and driven and upbeat – and we all love the very interesting clients we serve. Higher education generally, and the University of Utah specifically plays such an important role in society, in our community, and in the lives of our students.  The range of issues we see is amazing. We advise, for example, on issues related to athletics, patient care, real estate, IP commercialization, free speech, due process, open records, and tax benefits. We feel really honored to help the brilliant scientists, academics, and leaders move the University of Utah forward. WHAT’S ONE THING YOU LEARNED IN LAW SCHOOL THAT HAS STUCK WITH YOU—AND HELPED YOU FIND SUCCESS IN WHAT YOU CURRENTLY DO? I remember in law school carefully plotting out the strongest points for the position I was taking, and then plotting out the strongest arguments against my position. That process of weighing and analyzing both sides of an issue is really important in my practice.  You don’t want to fall in love with your own opinion, and lose your perspective.

Elizabeth Winter

—Dianna Gibson

Deputy General Counsel of Vista Outdoor

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By Melinda Rogers Photos by Austen Diamond

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S.J. QUINNEY COLLEGE OF LAW


Gary Wilkinson towers above his classmates at the University of Utah S.J. Quinney College of Law. It’s not just Wilkinson’s 6-foot9-inch frame—a build that helped propel him into a standout collegiate basketball player with a professional career abroad—that sets him apart from others. It’s his dogged work ethic and a distinct perseverance that has helped him rise to one of the top spots in a competitive law school class, putting him on the fast track to a job in a prime “Big Law” firm of his choice upon graduation.

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ILKINSON’S STORY, however, isn’t all a fairytale. In 2001, he dropped out of high school months before graduating. A few years before that, he’d been cut from the Bingham High basketball team after clashing with coaches who thought he had an attitude problem. The South Jordan native befriended a crowd that encouraged him down a road that was leading him closer to juvenile detention, instead of on the path to becoming a would-be lawyer. By his late teens, Wilkinson had accu-

W

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S.J. QUINNEY COLLEGE OF LAW

mulated numerous drug and alcohol related offenses and had a choice to make: Continue down a dead-end road or turn his life around. Wilkinson chose the latter, in part after a friend, Tyler Livingston took his own life in 2000. The loss helped Wilkinson to redirect. He got his GED. He connected with the LDS Church and served a two-year mission in Calgary, returning to Utah in 2005. Despite a hiatus from the basketball court and never playing high school ball, Wilkinson took the unusual step of asking Salt Lake Community

Coach Norm Parrish to give him a shot at playing. He tried out and made the team. For Wilkinson, that chance launched him toward becoming the person he is today. He played for two years at SLCC before transferring to Utah State University, where he became a collegiate basketball star, gracing the pages of Sports Illustrated magazine, while helping the Aggies earn their first NCAA tournament berth in several years in 2009. He was named the 2009 Western Athletic Conference player of the year and today he’s still recognized on the streets of Logan. In Logan, the kid who hated to read growing up also found his niche in academia, earning close to a 3.9 GPA as a sociology major while choosing to read about court cases in the news for fun in his spare time. He felt drawn to the law, in part because of days spent in juvenile courtrooms where he’d wonder, as a defendant, whether his rights were being fully represented. With those days behind him, he found himself wanting to know more about the law and how it shaped the world around him. Wilkinson continued his athletic career professionally, trying out for the Utah Jazz before ultimately finding success overseas competing in South Korea, Greece, New Zealand, Estonia and Puerto Rico. Along the way, he built a family with his wife, Jessica, a former collegiate volleyball player. (The family today has three children, Jordan, 6; Eva, 4 and Ethan, 1). Three years ago, Wilkinson returned to Utah after his father passed away. His agent around the same time called with an offer to play professionally in Japan. Wilkinson was ready to sign on for another international stint. But a trip to southern Utah and some soul searching made him realize he wanted to pursue law school, another dream he’d always had. The time felt right to put roots back down in the state he and his wife wanted to call home for good. “I took the LSAT and my passion for basketball was waning. I felt like there was more I could do with my life and I felt like law was what could be next,” Wilkinson said. On Friday, May 12, Wilkinson was among 116 graduates to earn juris doctor degrees from the University of Utah S.J. Quinney College of Law. Wilkinson made his mark in law school, leaving the U near the top of his class. He scored a prestigious clerkship with a federal court judge on account of his excellent academics and served on the senior staff and served as an articles editor on The Utah Law Review.


The kid who hated to read growing up found his niche in academia, earning close to a 3.9 GPA as a sociology major, while choosing to read about court cases in the news for fun in his spare time.

“Above all else, what stands out about Gary is his attitude. Not only is he perpetually positive, he is always working to improve,” said Lincoln Davies, associate dean for academic affairs at the S.J. Quinney College of Law, who supervised Wilkinson as a research assistant. “I don’t know if this is something he learned from being an athlete or if it’s just part of who he is, but it is incredibly refreshing, and it rubs off on everyone around him.  The question you’ll hear him ask is not, “Can we do this?,” but “How can we make this happen?” This will serve him tremendously as a lawyer.” Wilkinson has shared his turnaround story with at-risk youth across Utah in the past and continued similar outreach work on occasion in law school. He also volunteered considerable service hours at the College of Law’s community clinic in Ogden as part of the college’s Pro Bono Initiative, a volunteer program that allows students to build real world problem-solving skills while providing free legal advice to people who otherwise would fall through the cracks of the justice system. JoLynn Spruance, director of the law school’s Pro Bono Initiative, said Wilkinson easily adapted into a leadership role at the community clinic in Ogden. She noted Wilkinson’s career aspirations in the corporate law sector didn’t dissuade him from

donating as much time and energy to community service as other students with public interest law goals. “I think that is something very unique about Gary,” said Spruance. “He truly cares about people and about giving back to the community.” With a job at Salt Lake City-based Snell & Wilmer awaiting him after graduation, Wilkinson said he’s excited to start a new chapter after three years in law school. His former coach at Salt Lake Community College, Norm Parrish, said he’s proud to see Wilkinson forge ahead with a law career and said the one-time troubled teen will likely continue to serve as an inspiration to others for years to come. “Over the years, we have (pointed to Wilkinson) as a poster boy. He didn’t have everything handed to him. He doesn’t have excuses, and here’s what he’s made out of it,” said Parrish, who keeps in touch with Wilkinson and today is the head basketball coach at Westminster College. He said Wilkinson’s comeback story has been a helpful motivator to drive other wayward players back on track. He also knows that Wilkinson will likely achieve whatever he sets out to do next. “He told me years ago that someday he was going to be a judge,” said Parrish. “And I think he will be.”

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ADDRESSING THE

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S.J. QUINNEY COLLEGE OF LAW

GENDER GA


P

IN THE PRACTICE OF LAW

by Melinda Rogers

A

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Duis cursus consectetur elit sit amet tincidunt. Donec nec semper erat, vitae pulvinar lorem. Maecenas finibus risus eget imperdiet volutpat. Nam rutrum nulla a leo dictum, id lacinia est pharetra. Maecenas sit amet nibh ut erat molestie ultricies id at turpis. Sed vulputate elit tortor, id varius tortor consectetur auctor. Nunc at elementum libero. Donec nec elementum risus. Phasellus dignissim, justo sed eleifend gravida, leo erat viverra tellus, vel mattis ante ex et felis. Mauris quam dui, consectetur quis consequat ut, pretium in est. Mauris dignissim malesuada turpis, quis aliquam dui vehicula eu. Sed id t a time when law school classes consisted of few women, diam nunc.

Patricia Frobes set herself apart from the pack.

Frobes was among the top of her class when she graduated from the University of Utah College of Law in 1978. She went on to become the first woman to lead a practice area and serve as vice-chair of O’Melveny & Myers, a top tier international law firm. She has been a member of the Board of Directors of Zions Bank Corporation since 2003 and is currently the lead independent director of the board.

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Photo by Sarah May

“Law school taught me how to cut through a set of facts and circumstances to identify core issues and the discipline to focus on solutions for those issues while ignoring extraneous detail – basically the foundation for developing analytical skills and identifying common themes in a seemingly unrelated or opposing set of facts or positions.”

PATRICIA FROBES S.J. Quinney College of Law alumna

But despite her climb up the corporate ladder, Frobes knows that her success story is an uphill battle for many women in law trying to achieve new professional heights. Statistics for the number of women employed at law firms remain sobering, particularly in Utah, where just 9 percent of attorneys currently employed in law firms are women, with the overall total of employed female attorneys in the state sitting at 24 percent. Nationally, the numbers of women participating in the legal profession also lag behind men, according to research by the American Bar Association Commission on Women in the Profession. The commission was created in August 1987 to assess the status of women in the legal profession, identify barriers to advancement, and recommend to the ABA actions to address problems identified. Former presidential candidate and secretary of state Hillary Clinton served as the first chair of the commission, and was at the helm when a 1988 report showed that women lawyers were not advancing at a satisfactory rate. The report revealed that a variety of discriminatory barriers remained a part of the professional culture and suggested that a significant increase in the number of women attorneys would not eliminate identified barriers, suggesting attitudes and structures in the legal profession needed reexamination. Decades later, the commission’s latest report, issued in January 2017, shows while women have made strides in some areas, many barriers outlined in 1988 remain. The report, “A Current Glance at Women in the Law,” estimates that women comprise 36 percent of the legal profession in the U.S. compared to the 64 percent of men who hold jobs in the field. Statistics for attorneys in general counsel positions at Fortune 500 companies show that men hold 75 percent of such positions, while women are estimated to hold 24.8 percent of general counsel positions at Fortune 500 corporations. The number of women enrolled in law school, however, continues to improve. The commission’s report found that in 2015 (the most recent data available) 47.3 percent of law degrees awarded that year were to 21,043 women, with men earning 52.7 percent of law degrees that year. The number of women serving in leadership positions on law reviews has also climbed, with 46 percent of leadership positions assigned to women at Top 50 law schools named by U.S. News & World Report —up from decades ago. Other areas of the law —women in the judiciary, women who are appointed to state and federal court judgeships and compensation between men and women in the legal profession —still show a gender gap, according to the commission’s study.

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S.J. QUINNEY COLLEGE OF LAW

Patricia Frobes Lead Independent Director of the Board of Zions Bank Corporation

CONTINUING THE GENDER GAP CONVERSATION With room for improvement to create a more diverse legal field, the College of Law is a part of the conversation to shift practices to meet the goal. Part of that goal is sponsoring academic forums throughout the year to focus on gender diversity and the law. Frobes spent time at the College of Law earlier this year as part of the school’s Alumni in Residence Program, where she shared her observations about gender equality in the legal profession and the lessons she has learned navigating the profession while being female in a male-dominated profession. Others in the legal community are working toward helping women better connect to legal professions. A new initiative called the Utah Center for Legal Inclusion (UCLI) is working to improve diversity in the legal field from all facets of the community. College of Law Professor Robert Flores said UCLI was created to help coordinate efforts that the Utah State Bar already supports to advance specific minority issues and causes through the Utah Minority Bar Association, Women Lawyers of Utah and the LGBT &


GA Photo by Austin Diamond photography

Photo by Austin Diamond photography

THE

Cathy Hwang Professor

Allied Lawyers of Utah. Flores is part of an education subcommittee to help the new initiative get off the ground. The law school will have an evolving role in supporting those efforts as they take shape. UCLI is in good hands. Justice Christine Durham and Francis Wikstrom, an attorney at Parsons Behle, lead the UCLI executive committee.

question about that.”

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WOMEN IN THE LEGAL PROFESSION 36% 64%

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field traditionally dominated by men.“We try to think about women in business law, who are really underrepresented so we went out and individually recruited women,” said Hwang. “We flipped several women into deciding to enroll in the class.” One of those students encouraged to try corporate law by Hwang and Schwartz, Rachel Motzkus, spent the recent spring semester researching diversity on corporate boards as part of Schwartz’s securities law seminar. Motzkus’ research will potentially be included as part of a working paper series that Stanford’s Rock Center for Corporate Governance will publish related to the diversity issue. She attended a prestigious conference at Stanford as part of the experience earlier this year. Motzkus said she hadn’t anticipated pursuing corporate law, but her law school experiences have helped to shape her future —and that started with Hwang and Schwartz encouraging her to think about new possibilities. “I would love to work in transactional law. I have always loved business (I have an entrepreneurial spirit) so anything in the field would be a great fit for me,” said Motzkus, who also worked as an intern at the U.S. Securities and Exchange Commission. “But, in the serendipitous way the law found me, I know the perfect career will too.”

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Ruth Bader Ginsberg Supreme Court Justice

Rachel Motzkus Corporate Law Student

15

men, and nobody’s ever raised a

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shocked. But there'd been nine

AV E R A G E W E E K LY S A L A R I E S

2

‘When there are nine.’ People are

These statistics are taken from the American Bar Association's A Current Glance at Women in Law 2017, which did not include any information on any nonbinary, agender, or genderqueer identifying persons. It also does not take into account factors like race, class, ethnicity, etc.

5

the supreme court]? And I say

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STATS AT A G L AN C E

2

TAKING A GRASSROOTS APPROACH Another part of changing the landscape of women in the legal profession is taking a creative approach to recruiting, said Cathy Hwang, a professor at the College of Law whose research specializes in mergers and acquisitions. Hwang and Jeff Schwartz, a professor in business law, worked together during the 2016-17 academic year to approach female students to ask them if they’d considered a career in mergers and acquisitions law —a

P


T R AI N I N G the

N E X T G E N E R AT I O N of

L AW Y E R S

by Wayne McCormack

Establishing relevant learning outcomes are an evolving process at the S.J. Quinney College of Law. Frameworks for curriculum and instruction shift as educators determine what every lawyer should know when entering the field. When most of us went to law school, the unchallenged assumption was that the Socratic method would help us learn the basics of substantive law, but more importantly, how to “think like lawyers.” Everything else—including the actual skills required to practice law—would either come naturally or be acquired once we set off to practice law. This is no longer good enough. Of course, the S.J. Quinney College of Law has long prided itself in the innovative curriculum we deliver to our students. But there is a new movement afoot in legal education, which tracks a broader trend in higher education generally. We are now expected to think more carefully about, and to define more clearly, what our students are expected to learn. Stated most simply: what should every law student know, and be able to do, when they graduate? For many law professors, this is a genuine challenge. The requirement to articulate learning outcomes, and how to assess those objectives, is now written into the rules of our accrediting agencies and is part of university policy. To meet these requirements —and more importantly to help us to do a better job of training the next generation of lawyers —this year the law school curriculum

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S.J. QUINNEY COLLEGE OF LAW

Committee, with input from the Legal Education Advisory Committee of our Alumni Board of Trustees, drafted a new policy on Learning Outcomes and Assessment (LOA). The American Bar Association Standards for Approval of Law Schools state the LOA requirement in several parts. To summarize, the law school must: 1. establish learning outcomes that shall, at a minimum, include competency in the following: a. substantive and procedural law

b. legal reasoning, legal research, problem-solving, and communication c. proper professional and ethical responsibilities d. other professional skills needed for competent and participation in the legal profession ethical

2. apply a variety of formative and summative assessment methods across the curriculum to provide meaningful feedback to students 3. conduct regular, ongoing assessment of its learning outcomes and student attainment


We propose a variation that divides this list into six core sets of learning objectives: (1) core doctrinal subjects; (2) legal research and writing; (3) ability to engage in legal reasoning and analysis; (4) applied lawyering skills; (5) professional and ethical obligations; and (6) ability to engage concepts, policies, and values at a scholarly level. A dominant feature of this list is the emphasis on professional skills and responsibilities. A second feature that is not so obvious, but that has significant impact on how some of us conduct our classes, is the provision requiring a “variety of assessment methods” and “meaningful feedback to students.” To meet this requirement of more and better assessment and feedback, many of us are changing our classroom styles in constructive fashion. Technology is playing a part in this because course management software offers out-of-class discussion boards, regular quizzes to assess student comprehension of assigned readings, draft outlines for class discussion, and even recorded video presentations for viewing before class. Some technological enhancements could offend the time-honored traditions against “spoon feeding” of students. We expect students to do the hard work of learning although we have a role to play as well. Our job consists of an awesome responsibility, and one that we are constantly modifying. We are learning to use new tools in ways that have been practiced over the millennia. For example, we are using more simulated “role playing” exercises, and assignments for students to draft real legal documents on which they receive direct feedback. In some classes, students produce successive drafts of a legal

document until they do so proficiently. Many law school professors now ban laptops from the classroom. Not only does the ban prevent surfing the web or writing emails during class, research shows that writing with one’s hand instills ideas more deeply into the brain than mere tapping of a keyboard. In addition to technology, the S.J. Quinney College of Law continues its leadership in experiential learning, which is also now a part of the ABA Standards. With the participation of many lawyers and judges, we are second in the nation behind only Yale in terms of clinical opportunities provided to our students, we have set the standard for classroom assimilation of external experiences, and we have a multitude of simulation courses and competitions (in negotiation, mediation, trial advocacy, and transactional law as well as traditional appellate moot courts), where we continue to win national awards. However we comply with the new ABA requirements, this will be just the start of an ongoing evaluation that will tell us how well we are training entrants into the legal profession. Part of that evaluation will be conducted through formal assessments with judges and lawyers to tell us how our graduates are doing. Those consultations have begun and will be more substantial going forward. We want to emphasize our thanks to all of the professionals who participate in teaching or mentoring our students. We also value additional input from our alumni and others in the profession to help us evaluate how well we meet our new learning outcome objectives. Wayne McCormack is the E. W. Thode Professor of Law at the S.J. Quinney College Of Law and is chair of the law school’s curriculum committee.

Education is not the filling of a pail, but the lighting of a fire. William Butler Yeats

Photo courtesy of University Marketing and Communications.

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CLASS REUNIONS Mark your calendars! Fall is just around the corner and that means it’s class reunion time. We can’t wait to catch up with you and your classmates at the S.J. Quinney College of Law. Save the date for a chance to reconnect with old friends and to make new ones.

CLASS DATE

REUNION

1962 1967 1972 1977 1982 1987 1992 1997 2002 2012 2016

Aug. 26 Sept. 30 Sept. 23 Sept. 8 Sept. 22 Sept. 9 Sept.15 Oct. 28 Aug. 24 Aug. 12 Sept. 29

from the

ALUMNI RELATIONS DIRECTOR Dear colleagues, In March, I attended the Utah State Bar Spring convention in St. George. It was wonderful to catch up with old friends and make new ones. While there I once again realized the value of connection and friendships, which makes the law school alumni association such a valuable resource. The chapters we are organizing in the San Francisco Bay area, Los Angeles, Houston, Dallas/Ft. Worth, Phoenix, Southern Utah, Las Vegas and D.C. among others, give us the opportunity to get together, enjoy one another’s company, and share tips and insights about the practice of law. A highlight of my job is meeting you, speaking with you, working with you and connecting you with one another. We are such a tremendous asset to one another and the more we take advantage of what we can learn from each other the better we will be at the law and life. I also had my eyes opened to a new perspective I hadn’t thought deeply about before: the benefit our older alumni can bring to the younger generation as mentors and vice versa. Listening to judges talk about the presentation skills of the different generations has been enlightening and encourages me that we have so much to gain and learn from one another. The broad, general, judicial perspective seems to be that the younger generation of lawyers has the amazing ability to present electronic trial exhibits, and manage their computers/iPads or other tool of their choice with skill and effortlessness. Conversely, the older generation is more practiced responding to questions from the bench thoughtfully, quickly and with greater ease. Having heard this perspective, it occurs to me that both generations have much to learn from each other. We are privileged to belong to a profession that promotes and encourages constant learning. It is a gift we all enjoy. We also have much to teach one another. As such, the opportunities to mix and mingle, mentor and share insights about the practice, life and the law should be sought out and valued. The alumni association, along with the many activities at the law school and those sponsored by the College of Law in other locations, provides us the perfect opportunity to share our skills, ideas and expertise. I hope to see all of you at future events. Sincerely,

Lori Nelson Director of Alumni Relations

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S.J. QUINNEY COLLEGE OF LAW

Lori Nelson Director of Alumni Relations


MOOT OVER MATTER

NATIONAL ENERGY LAW

IP MOOT COURT

Morgantown, West Virginia Connor Plant, Coach Jennifer Hornen, Catherine Daley, Kylie Orme, William Edwards

Washington D.C. Coach Amelia Rinehart, Michael Fixenberger, David Jaffa, David Johnson

NATIONAL ENVIRONMENTAL LAW

TRIAL ADVOCACY

MEDIATION

JESSUP MOOT COURT COMPETITION

TRANSACTIONAL LAW

NATIONAL MOOT COURT TEAM

ABA NEGOTIATION TEAM

ACB BANKRUPTCY NEGOTIATION

The University of Utah S.J. Quinney College of Law continued its tradition of excellence in performing well in external competitions across the country. Here’s a map of where this year’s teams went. All performed well in their respective disciplines.

Seattle, Washington Coach Jim Holbrook, Leilani Whitmer, Whitney Saupan, Michelle Hoyt, Jacob Gadd, Coach Stacy Roberts

Portland, Oregon Cole Crowther, Richard Snow, Yevgen Kovalov, David Jaffa, Lauren Martinez, Chaunceton Snow, Coaches Troy Booher & Chris Stout (not pictured)

White Plains, New York Joshua Johnson, Chelsea Davis, James Owen, Coach Ben Machlis (not pictured)

Denver, Colorado Coach Jackie Morrison, Jamila Abou-Bakr, Megan Crehan, Karly Walton, Liz Thomas, Brent Huff, Coach Amos Guiora

Boise, Idaho Coach Jess Krannich, Brian Morgan, Amy Rose, Karma French, Joe Rupp

Missoula, Montana Alyssa Wood, Caitlin McKelvie, Chaunceton Bird, Brian Fischer, Coach Richard McKelvie (not pictured)

Denver, Colorado Anikka Hoidal, Aaron Cunningham, Caitlin Benson

Los Angeles, CA McKay Ozuna, Rebekah Keller, Jeffrey Clayson

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by Michael Zimmerman

I

am one of those who went to law school because it seemed an option preserver for the undecided, caught between an academic inclination and a desire to be practically engaged. I had never met a lawyer until I walked into the law school in 1966. I enjoyed law school and its intellectual challenge. And I found it all-consuming. Following graduation, I looked for a home in the law. I was drawn to the challenge of litigation, but once in it, put off by its relentlessness. I clerked, worked for a large Los Angeles law firm, taught law school, and then split my time between a solo practice and being counsel for Gov. Scott Matheson. By 1984, I was a partner in a growing Salt Lake City litigation firm. It was a particularly stressful practice that had become emotionally draining. The hours were grueling; it pulled me away from my wife and young family, and the constant intense conflicts with lawyers on the other side of cases, and among lawyers in the firm, was toxic. I had occasional migraine headaches, and a very short temper. A doctor at the LDS Fitness Institute suggested I consider meditation. I had read books on Zen. I was intrigued, but sitting still for long periods didn’t seem to fit with my personality. I opted instead to up my exercise regimen. And then, serendipitously, an opportunity arose to apply for a vacant seat on the Utah Supreme Court. At 40, I was young for the job, but it seemed a tremendous career opportunity, and a move to a far less stressful environment.

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Almost ten years later, in February of 1993, my wife, Lynne, was diagnosed with terminal melanoma. She was 41 and given less than a year to live. It was completely unexpected and turned our world upside down. Two weeks later, a neighbor told us that a three-day program on meditation was being held under the auspices of LDS Hospital. It was to be led by Jon Kabat-Zinn. (He is the person now identified as the prime mover in mainstreaming and secularizing meditation as “mindfulness”.) The neighbor said that the workshop was designed in part for people who had chronic pain that could not be relieved through medication, and those needing to manage stress. Lynne and I signed up. While she was understandably preoccupied, I found it eye opening. I read Kabat-Zinn’s book, Full Catastrophe Living, but did not start a meditation practice at that point. On Jan. 4, 1994, I was sworn in as chief justice. On Jan. 30, Lynne died. About the time of her death, I began to sit on the porch early in the morning practicing the meditation instructions KabatZinn had given. Nothing else was working for me. Not exercise, not a drink in the evening, not immersing myself in work. Nothing. I had three daughters — ages 12, 9, and 5 — to raise alone, and no sense of how I would do it all. I found that sitting on the porch, occupying my attention with physical sensations — the slow cycle of the breath moving in and out of my body, the sounds of the birds and traffic, the cool air on my skin — brought me entirely into the


present moment, into what Eckart Tolle describes as “now”. In that always present moment, I experienced an expansive calm. I could take a perspective on reality other than the one produced by Michael’s fear of the future, his regret of the past, and his need to feel in control. As I continued the practice, I found that it seemed to moderate my moods. It helped me get through. Some two years later, I met my present wife, Diane Hamilton. She was an experienced meditator, and she told me there was a Zen center four blocks from my house where I could learn more about meditation practice. I quickly became a regular participant. In 1998, we married. Diane and I have practiced meditation together for some 20 years and now run a center for Zen meditation. Meditation practice has taught me how to be present and relaxed, and has given me the capacity to take a perspective on my thoughts and emotions. It has loosened my sense of self and my need to know how things should be. It has made me comfortable with open uncertainty. And I think it has made me a better parent, and a better partner. So what has meditation, mindfulness practice, done for me as a lawyer? In 2000, I returned to law practice. I half-dreaded it, but was surprised to find it much more enjoyable than I anticipated. I found that I could hold myself apart from the stressors that tended to trigger me. I came to be able to see them and observe my tendency to automatically react. Sometimes, I catch “Michael” in the midst of a habitual patterned reaction to some aggravating circumstance and laugh. This halts the reaction mid-stride because I no longer emotionally identify with his story. This enables me to make a considered response, one that comes from a wider perspective. As I have deepened my capacity to see when stories about how the world should be trigger emotions that create suffering for me and for others, it makes me more compassionate towards myself and towards others. I don’t claim to have mastered these skills, for there is no end to their practice and no end to new challenges and opportunities. But I certainly am committed to keeping at it. My experience suggests that mindfulness is a response to the critical problem of stress that we encounter as lawyers. Mindfulness is defined as being present non-judgmentally to what arises in your body and mind, to observing it and permitting it to come and go, to become familiar with your patterned mental habits, and to see how they limit your capacity to deal with the reality of your life with open awareness. Over the past decades, scientific studies have demonstrated its efficacy and the ease with which it can be practiced. Stress is inevitable in our adversary profession just as it is elsewhere in our lives. Pushing it away, pretending that we are impervious to its emotional and physical consequences, is a prescription for all the behavioral problems that beset lawyers, from problem drinking, to depression, to chronic anxiety. But stress can be managed, even learned from. Meditation and mindfulness have the capacity to enable each of us to do this for ourselves. I invite you to take the plunge. Fortunately, you have lots to lose.

S.J. Quinney College of Law Professor Clifford Rosky wanted to find a way to encourage students to practice mindfulness meditation, a way to reduce stress and pay attention to the present moment. He started “Mindful Mondays” at the law school, a weekly meditation space where the community can take a time out at the 30-minute sessions. Other resources for those interested in learning more about mindfulness include:

MEDITATION APPS INSIGHT TIMER Includes guided meditations by various teachers, including Sharon Salzberg, Tara Brach, and Jack Kornfield.

ENDO AND I MEDITATE Silent timers, but you can set them for any length of time, and you can set chimes to go off at any intervals. With a modest upgrade, Endo allows you to play a meditation guide between chimes.

STOP, BREATHE & THINK Guided meditations, which can be tailored to specific moods and different time periods.

HEADSPACE helpful instructions and videos, and a plan to gradually develop a daily meditation practice. First 10 mediations are free. Subscription is $13/ mo or $96/yr.

HOW-TO BOOKS FULL CATASTROPHE LIVING Jon Kabat-Zinn

Teaches the original 8-week Mindfulness Based Stress Reduction (MBSR) course that originated at the University of Massachusetts Medical School.

REAL HAPPINESS Sharon Salzberg

A how-to guide that includes an instructional CD and a 28-day meditation program.

DON’T JUST DO SOMETHING, SIT THERE Sylvia Boorstein

A how-to guide for creating your own meditation retreat at home.

OTHER BOOKS WHEREVER YOU GO, THERE YOU ARE Jon Kabat-Zinn

A classic introduction to some concepts and experiences in meditation; light reading with some nice imagery and stories.

10% HAPPIER Dan Harris

A very readable memoir by an ABC News Correspondent, who describes himself as a meditation-skeptic-turned-practitioner.

POSITIVITY Barbara Frederickson

Research-based book on the empirical support behind developing a meditation practice, and setting out a simple gratitude practice that is easy to implement.

LOVINGKINDNESS Sharon Salzberg

A book setting out the traditional meditation practice of lovingkindness (in which the object of meditation is a series of phrases sending positive thoughts to oneself and others).

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shadowsvict assaultsurviv S painexplodefe fearexperienc forgetcryfr strangerthre beatenkilled judgmentfrag justicenumbn victimcrimer s u rv i v e s e x u explodefeel shadowsvict shakecryfre f e a r p ow e r f ix law students

at the S.J. Quinney

College of Law

wanted classmates enrolled in Professor

Paul Cassell’s criminal LAW

course to better

understand what it’s like to be a

victim of a crime. So they shared

the most personal of stories: Their own journeys

of surviving

sexual assault.

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timcrimerape vesexualhurt eelfightshock ceshaketruth reezecrumble eatsafewhole dproofdoubt gile experience Stepping nessshadows ra p e as sau lt ShADowS ua l h u r t pa i n lfightshock timscrimerape eeze crumble forgettruth out from the

By Melinda Rogers

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Photo by Austen Diamond

W

hen she saw the upcoming chapter on rape law, one of the students enrolled in Professor Paul Cassell’s first-year criminal law course couldn’t bear to start reading. She knew it would be a trigger, taking her back to the day of her own sexual assault inside her apartment by a co-worker who forced himself on top of her despite her pleas to stop. The incident from her past hadn’t stopped her from moving on with her life, graduating near the top of her class and securing a place in law school. Yet the reading assignment from Cassell’s syllabus left her feeling uneasy. The student arrived in class and listened to Cassell’s lecture on elements used to define the crime. Before the end of the lecture, she became emotional considering the aggravating factors being outlined on the board in order to have a successful prosecution. “When you are in the middle of being harmed, you don’t think what do I have to do to prove this into a court of law? You’re thinking, how do I make the pain stop,” she said. She raised her hand and emotionally spoke in class about her confusion and frus-

tration over the current standards for rape prosecution. She knew she had perhaps just outed herself to her classmates as a rape survivor. But as class ended, classmate after classmate approached her to offer words of support and to share that the student wasn’t alone. “Some whispered in my ear, ‘Me too,’” she said. Cassell, who is passionate about victim advocacy, reached out to the student to ask if she would be interested in submitting an anonymous statement to share with the class to further the conversation from a victim’s rights standpoint. The student agreed —but also wanted to reach out to other classmates to see if they too, wanted their voices heard. In that moment, a new experience in Cassell’s class took shape. A few days later, six women in the

class of 94 students shared their stories aloud of surviving sexual assault, participating in the course’s first “Victim Impact Statement” day. The experience, Cassell said, brought a powerful lesson forward to the future lawyers in the classroom. “This is the most powerful class that I’ve ever been a part of,” Cassell said. “I was teaching, but the students were teaching me and teaching their classmates.” Cassell, a professor at the S.J. Quinney College of Law for 25 years, has always been careful about broaching the subject of rape law in class. With statistics from the Utah Department of Health estimating that one in three Utah women will be a victim of sexual assault at some point in their lives, Cassell knew that the odds were that many women —and men— in his classroom

Photo by Austen Diamond

rape is the only violent crime in Utah that occurs at a higher rate than the rest of the nation.

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“When you are in the middle of being harmed, you don’t think, ‘what do I have to do to prove this into a court of law?’ You’re thinking, ‘how do I make the pain stop.’” would be learning the legal aspects of how to prosecute a rape case while dealing with complicated emotions tied to surviving assault. Two years ago, however, a law student approached Cassell to suggest that more time be allotted to studying rape law and Cassell altered his curriculum to give the crime renewed attention. The crime is significant in Utah. In fact, rape is the only violent crime in Utah that occurs at a higher rate than the rest of the nation. According to Uniform Crime Reports, the rape rate in Utah has been consistently higher than the U.S. rate. In 2014, Utah’s reported rape rate was significantly higher than the U.S. rate (67.7 and 51.9 per 100,000 females), according to data from the Utah Department of Health. Statistics don’t take into account that most rapes are never reported to law enforcement. Cassell’s move to spend more time devoted to rape law prosecutions—and to work with the students on the Victim Impact Statement day — coincides with a national shift toward addressing rape culture, both as an issue on college campuses and in public policy discussions about the “affirmative consent” standard and changing the definition of sexual assault. The American Law Institute, the leading independent organization in the United States producing scholarly work to clarify,

modernize, and otherwise improve the law, recently took on exploring whether the Modern Penal Code should define sexual consent on an affirmative basis. High-profile rape cases on college campuses have spurred a call for heightened standards of affirmative consent, which require parties to vocalize their willingness to participate in sexual encounters. Whiles changes continue to be debated, Cassell, who was elected to ALI last year, noted that the issue of affirmative consent will be at the forefront of the College of Law’s annual Fordham Debate in November, when speakers will travel to Utah to explore the topic. “The phrase rape culture has been bandied about and we’re in a debate about how to change that culture. Part of that debate are things like revised discipline codes at universities, but part of that is changing the criminal law,” said Cassell. Cassell received positive feedback from both the survivors who shared their stories as well as students whose perspectives were changed from hearing their classmates share. Wrote one student after the experience: “I wanted to thank you for allowing such a powerful presentation, and for being the kind of professor who was open and thoughtful enough that students felt comfortable approaching you about it in the first place. I know I will be a better legal thinker for having heard it, and a more compassionate victim representative.” Some survivors who shared their stories said it was liberating to share what they’d been through with classmates who many not have realized that rape victims cross all demographics, including law students who were at the top of their undergraduate classes in order to gain admittance into professional school. Several of the survivors hadn’t spoken about their stories publicly before sharing in Cassell’s class. “Before this week approximately 10 people in the world total knew my story. I never felt before like I needed or wanted to

bring it into a public forum; I suppose I just viewed it better as a personal struggle rather than something that needed to be made public. I have realized though, due in no small part to class (along with some current and political events) that this story isn’t my shame - it is everyone’s shame. I am not the only victim, nor are the other women that spoke yesterday the only victims,” said one of the survivors who shared her story. “What happened to me and the other women in my cohort isn’t just about a criminal act, it is about a problem in our culture and sweeping it under a rug will do nothing to change that … I never expected that I would share my story in the way that I did and it has had a difficult but positive effect for me personally as well.” One of the students who worked with Cassell to organize the Victim Impact Day (to read several of the students' full stories, visit www.law.utah.edu) said she’s hopeful sharing personal stories will influence her classmates as they move down their future career paths. “This is a group of people who have a chance to make a difference. The law is one piece of this, but this is a social issue,” the student said. “The reason why it was important to say something is because it’s not just the incident that harms people, it’s the social context around it. There’s this stigma… and that creates the most harm. I remember when it first happened to me, giving shape to the word: in my mouth, to my parents, to my friends. Labeling myself as that –a rape victim—was the hardest part. It wasn’t the actual experience, it was all of the things associated with the word. Being ‘that girl.’ Being ‘stupid enough’ to get in that situation. To be ‘weak enough’ to not fight back. That is where so much pain came from,” the student said. “You have to get through that shield of social shame before you can get to the actual harm done.”

shadowsvictimcrim survivor Stories assaultsurvivesexu painexplodefeelf shock fearexperien Read several of the stories that were shared by survivors of sexual assault in Professor Paul

Cassell’s first-year criminal law course online at www.law.utah.edu.

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1970s CL ASS NOTES We extend our thanks to Brian King (‘85), Kelly Miles (‘89), and Lyle Hillyard (‘67) for their service in the Utah State Legislature. CHRISTOPHER B. NELSON (’73) RETIRES AS ST. JOHN’S COLLEGE PRESIDENT Christopher B. Nelson, president of St. John’s College in Annapolis, Maryland, will retire in June after giving the 2017 commencement address at the institution he has led for 26 years. Nelson has been president since 1991, where he has maintained his priority of being a national spokesperson for the liberal arts. He has participated actively in the national conversation about higher education, frequently as a panelist and speaker on states, regional and national programs. He also speaks on the issue of institutional autonomy in the face of governmental regulatory intrusion and changes in the accrediting system. Among Nelson’s many awards and honors, he was the 2014 recipient of the Henry Paley Award, given him by the National Association of Colleges and Universities. The award “recognizes an individual who, through his or her career, has unfailingly served the students and faculty of independent higher education. The recipients of this award have set an example for all who would seek to advance educational opportunity in the United States.” Prior to attending law school, Nelson and attended St. John’s College, Santa Fe, graduating in 1970.

DENISE A. DRAGOO (‘76)

CRAIG SCOTT (‘78)

PUBLISHES EMPLOYMENT LAW 101: JUST THE BASICS FOR CALIFORNIA EMPLOYERS R. Craig Scott (JD 1978) has published the 2016 editions of his Employment Law 101: Just the Basics for California Employers (8th Edition) and Documentation, Discipline & Discharge (6th Edition). He is author, or co-author, of three other books, and over 75 articles and columns, on workplace issues.  Scott recently retired from public service where he was a founder of the City of Laguna Hills, Orange County, California, its 4-term Mayor and 20-year City Council member. He  continues to practice management-side employment law through his firm Scott & Whitehead, and to represent executives in transition and crisis through Executive Law Group, Inc. Scott serves as a HUD Hearing Officer, hearing appeals from decisions of the Orange County Housing Authority to terminate housing program participation.

KELLEY GALE (‘79)

RETIRES FROM LATHAM WATKINS AFTER 37 YEARS Gale joined the firm in 1979 as an associate and became partner in January 1987. He founded the firm's Project Development & Finance Practice in the mid 1980s and has served as the practice's Global Chair since 2012. Gale is also the former Co-chair of the Air Quality & Climate Change Practice and was the Local Department Chair in San Diego for the Finance Department from 2005-2010. Gale’s practice centers on the representation of both private and public sector clients in the development, regulation and financing of renewable energy projects and capital intensive infrastructure projects. He has represented major project lenders and developers in connection with many different types of energy projects, including geothermal, wind, solar, biomass, waste to energy and hydroelectric, as well as natural gas fired peaking and combined cycle projects. Gale also has extensive expertise in the development, redevelopment and financing of capital intensive real estate projects.

NOMINATED TO UTAH MUSEUM OF CONTEMPORARY ART BOARD OF TRUSTEES Dragoo focuses her practice in natural resources and environmental law, including coal, water, mining, public land and issues affecting the oil and gas industry, mine safety and health law. Dragoo has served as a member of the Leadership Council for the American Bar Association’s Section on Environment, Energy & Resources and a Fellow of the American Bar Foundation.  She is a former member of the Executive Committee of the Rocky Mountain Mineral Law Foundation and is the Utah State Bar’s Trustee to the Foundation. She served four terms on the Utah State Bar Commission, was a member of the Board of Legal Aid Society of Salt Lake and was an officer and board member of Women Lawyers of Utah.

Denise A. Dragoo

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A LIFETIME OF ACHIEVEMENT BY MELINDA ROGERS

Alumni Spotlight

ALAN SULLIVAN CLASS OF 1974

A

Alan Sullivan

lan Sullivan was studying 17th Century English poetry in 1969 when the course of his career path changed. He didn’t want to head to Vietnam with scores of his peers to fight in the war and knew that deferment was a possibility through enrolling in the AmeriCorps VISTA, a national service program designed to bring training and volunteers to the country’s economically disadvantaged places.  He worked on tenant’s rights issues at a small town in New Hampshire, an experience that eventually led him to find out how law could change the course of people’s lives. Instead of pursing an advanced degree in English, he turned to law, embarking on the start of an impressive legal career. Earlier this spring Sullivan was honored as a Distinguished Alumnus by the University of Utah Alumni Association at the annual Founder’s Day celebration. The award is granted each year in recognition of alumni who have excelled professionally, served the local and national communities and supported the university in its mission. Sullivan, a partner in Snell & Wilmer’s litigation group in Salt Lake City, has been practicing law in Utah for more than 30 years. He represents clients in litigation relating to intellectual property, natural resources development, securities, manufacturing, technology, finance and health care. He also represents lawyers and law firms regarding ethical issues pending before courts and disciplinary boards. Sullivan is a fellow and past state chair of the American College of Trial Lawyers and a past chair of the Utah Supreme Court Advisory Committee on Civil Procedure. He is on the board of trustees for the American Inns of Court. He chaired the And Justice For All campaign to establish ongoing private funding for Utah Legal Service, Legal Aid Society of Salt Lake and the Disability Law Center, and co-chaired the campaign that resulted in the purchase of a building to house those entities. He also served eight years on the board of the Rocky Mountain Innocence Center, actively raising money for the organization.

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1980s

KEVIN STAKER (‘80) STARTED A PRACTICE AS A PROBATE AND TRUST MEDIATOR IN NOVEMBER 2016 He began preparing for his career with a bachelor of economics as a student at Brigham Young University. Following this, he gained acceptance to the University of Utah in Salt Lake City, where he received his juris doctor. Later, he enrolled at the New York University School of Law to earn a master of laws in taxation. Today, Staker serves as a president and principal attorney of his law office, StakerLaw, which handles cases dealing with tax law, estate planning, and more. He is based in Camarillo, California.

JEFF APPEL (‘81)

CURRENTLY SERVES AS THE UTAH OPEN LANDS BOARD OF DIRECTOR’S PRESIDENT AND SERVES ON THE CONSERVATION EASEMENT SUBCOMMITTEE Jeff is an attorney with Ray, Quinney and Nebeker, is a member of their Litigation Section and heads the Natural Resources, Land, Water and Environmental Law practice group. He has extensive experience in the environmental law area, especially with the complex issues relating to the National Environmental Policy Act and the Clean Water Act. He also has significant experience in the area of water rights law, in both an administrative and judicial context and in real estate and municipal law. Finally, in addition to his overall lands practice, he has represented individual landowners in the emerging area of conservation easement law for many years. Jeff has been voted by his peers throughout the state as one of Utah’s “Legal Elite” in the categories of Energy/Natural Resources Law, Environmental/ Land Use Law, Government Law, and Pro Bono Work (as published in Utah Business Magazine). He is also listed in Best Lawyers of America in the area of land use and zoning law and in Mountain States Super Lawyers in the field of environmental law.

JODI KNOBEL FEUERHELM (‘85)

CO-RECIPIENT OF THE STATE BAR OF ARIZONA’S 2016 MEMBER OF THE YEAR AWARD Jodi Knobel Feuerhelm, a partner in the Perkins Coie firm has received the State Bar of Arizona’s 2016 Member of the Year Award. The award recognizes extraordinary contributions to the programs and activities of the State Bar in the prior year. Feuerhelm has over 30 years of experience in the areas of construction counseling and litigation, product liability, contract, real estate and other complex commercial disputes. She has

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represented clients in trial, mediation and arbitration proceedings throughout Arizona and California. Feuerhelm’s construction practice covers a wide range of projects and issues, including construction defect claims, lien and payment disputes, insurance coverage issues, contract and warranty claims, and materials failures, with projects ranging from residential complexes to schools, pipelines, hotels, resorts and other commercial buildings. Her commercial litigation experience includes a wide variety of tort and contract disputes arising out of real estate, financial, and business transactions. MARK MOFFAT (‘87)

ASSISTS IN ACQUITTING MAN OF WIFE’S DEATH Mark Moffat is one of the founding members of Brown, Bradshaw & Moffat, LLP. He received his juris doctorate from the University of Utah S.J. Quinney College of Law in 1987. From 1988 to 1997, Moffat worked as a trial lawyer at the Salt Lake Legal Defender’s Office. During his time at the Legal Defender’s office, he represented clients charged with a wide variety of criminal acts ranging from simple misdemeanors to felonies to death penalty offenses. In 1995, Moffat was appointed to head the Legal Defender’s Serious Youth Offender Division. In 1998, he and his partners founded the law firm of Brown, Bradshaw & Moffat. Focused exclusively on criminal defense, his practice includes misdemeanors and felonies, white collar cases, professional licensing and criminal matters in the juvenile justice system. Recently, Moffat assisted a Utah man on trial for the second time in his wife’s death. His superior defense resulted in the man’s acquittal of murder and obstruction of justice. This verdict resulted in Conrad Truman’s release from incarceration for the first time since his arrest in the summer of 2013.

RANDY JEFFERIES (‘87)

SPENCER FANE GROWS INTO PHOENIX MARKET WITH ADDITION OF RANDY JEFFERIES John R. Jefferies (Randy) is the first attorney to join Spencer Fane in Phoenix. A recognized leader in the Arizona legal community, Jefferies brings decades of experience in federal and state procurement and government contract law, as well as years of experience serving contractors and subcontractors throughout Arizona, California, New Mexico, Utah and Nevada in building and construction law. He has negotiated and litigated construction claims at the city, county, state and federal levels on behalf of general contractors and specialty subcontractors. Jefferies has been recognized time and again in his career for his achievements, named to Best Lawyers in America lists in Construction Law (2017), Commercial Litigation (2005-2017) and Litigation - Construction (2005-2017), as well as Southwest Super Lawyers in Construction Litigation (2009 - 2017), Arizona’s Top Lawyers in Construction Litigation (2014). He has also earned the distinction of AV Preeminent Peer Review Rated (the highest rating available) by Martindale Hubbell.


Brent Johnson

A LIFE IN LAW, A LOVE OF GIVING BACK TO OTHERS

BY MELINDA ROGERS Alumni Spotlight

BRENT JOHNSON | CLASS OF 1989

As a teenager, Brent Johnson knew he wanted to find a career that He also teaches dozens of classes on a variety of topics each year would one day be about more than simply making money. to court employees and judges. He has written guides for judges, inJohnson, who graduated from the S.J. Quinney College of Law cluding a benchbook for justice court judges and a domestic violence in 1989, realized the legal field might be a good fit after becoming a benchbook for judges. reformed writing student in high school and finding a passion for the Johnson has held true to the ideals he hoped to find in a job when importance of words to convey meaning in any situation. he thought about a future career as a teenager. Outside of work at “My interest in law school probably resulted from a convergence of the Utah State Courts, he finds a time to give back to the community three ideas. In high school I learned to love writing. (After I got a D on a nearly weekly basis through cooking a meal with his wife for in sophomore English.) I became fascinated by the power of words residents of Salt Lake City’s Homeless Youth Resource Center. and how choosing the correct word for a given situation was very Sometimes, he’ll make breakfast, but most often he’ll make dinner important,” said Johnson.  “I also knew from a very early age that (including a recent homemade specialty of curry), serving anywhere my career needed to be more than about making money. I needed to from 20 to 50 plates a meal. The couple purchases all of the ingredicontribute to society. And finally, throughout high school, my best ents themselves and prepares the meals onsite. friend and I would often go off and spend hours discussing, debating, “We focus on comfort food and hopefully giving them something and trying to figure out the mysteries of the world and the universe. satisfying. I have been blessed with all that I need and there is always Encouraged by my father, a law degree seemed like a logical choice to someone who can use my excess more than I can,” said Johnson. “I put those things in action.” grew up in an upper middle class household. In some ways, I won Since graduating from law school, Johnson has put his law degree the lottery of birth and I want to give to others who have not found to use as general counsel for the Utah State Courts. It’s a position themselves in such favorable circumstances. What I do is a very, very where he serves as a jack-of-all trades, with new challenges arising small thing. It’s just a meal. But I am hoping to let these young weekly. He performs the traditional work of in-house counsel, such people know that there are people who care.” as reviewing contracts, assisting with human resources issues, and He’s hopeful all the small things will add up to make a difference issuing legal opinions. But he’s also required to have a basic under- —and grateful for the role a law degree has played in the journey to standing of all case types processed by courts: criminal, civil, domes- where he is today. tic, probate, etc. to execute his duties well. A favorite memory of Johnson’s from his days at the law school “The decisions I make can affect how cases are processed and how comes from a discussion in his constitutional law class about “the litigants are treated and I hope that some of my opinions have re- marketplace of ideas” stemming from Justice Holmes’ dissent in the sulted in more fairness. I represent judges and court employees in Abrams v. U.S. case. (In that case, during World War I, anti-war aclawsuits that seek extraordinary and injunctive relief. Most of my tivist and anarchist Jacob Abrams was convicted under the Sedition work is in the Utah appellate courts, but I also have cases in the Act of 1918 for distributing socialist pamphlets. The Supreme Court federal courts, and my job requires me to be licensed in the Utah upheld the conviction over a dissent from Justices Holmes). federal district court, the Tenth Circuit Court, and the U.S. Supreme Court,” said Johnson.

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1990s SCOTT C. WILLIAMS (‘93)

ASSISTS IN SWALLOW CASE Scott C. Williams has been practicing law in Utah for 20 years. He has focused exclusively on criminal defense, representing the accused in local, state and federal trial courts, and in the Utah state and federal appellate courts. His practice spans any and all criminal accusations, from D.U.I to sex crimes to murder. Williams has represented many high-profile defendants, including being a part of the defense team for former Utah Attorney General John Swallow, for which he received significant media attention both locally and nationally. He has applied the same zealous advocacy and determination to all of his clients regardless of rank or crime. Williams has also imparted his experience and expertise to the local bar. He served as President of the Utah Association of Criminal Defense Lawyers. Williams regularly presents and lectures at colleges and seminars. He has represented high profile clients receiving media attention both locally and nationally.

GREG WADDOUPS (‘94) BECOMING SENIOR COUNSEL - INTERNATIONAL AT RAYTHEON COMPANY Greg Waddoups, a 1994 College of Law alum, is completing his four-year assignment in Canberra, Australia as the Head of Legal for Raytheon Australia and moving to Washington DC where he will become Senior Counsel - International at Raytheon Company. Before joining Raytheon, Waddoups worked as the lead lawyer and head of contracts for a US bio-defence company developing and licensing vaccines, including the vaccine licensed and stockpiled for use in the event of a smallpox outbreak. He has also worked at a major Washington DC law firm and served as a lawyer for the US Air Force. He remains in the US Air Force reserves with the rank of Major. In college, Waddoups focused on Soviet and international studies and studied abroad in the former Soviet Union. He graduated from the University of Utah College of Law, during which he studied international law at the University of Notre Dame’s London Law Centre. JOHN HUBER (‘95)

TO STAY AS UTAH’S U.S. ATTORNEY DURING TRANSITION PERIOD John W. Huber was confirmed by the United States Senate in June 2015 as the Presidentially appointed United States Attorney for the District of Utah. With an initial four-year term, he serves as the lead federal law enforcement official in Utah. After graduating with honors from the University of Utah, Huber went on to complete his juris doctor degree at the University of Utah’s S.J. Quinney College of Law. He began his prosecution career in the Weber

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S.J. QUINNEY COLLEGE OF LAW S.J. QUINNEY COLLEGE OF LAW

Scott Finlinson

County Attorney’s Office, and later served as the Chief Prosecutor for West Valley City before joining the ranks of federal prosecutors in the United States Attorney’s Office in 2002. Huber is a veteran public servant who has devoted his career to the communities of Utah, where he is a life-long resident. PAUL C. BURKE (‘97)

TAPPED BY UTAH SUPREME COURT TO LEAD APPELLATE RULES ADVISORY COMMITTEE Paul C. Burke has been appointed to serve as chair of the Utah Supreme Court’s Advisory Committee on the Rules of Appellate Practice. Utah’s Constitution provides that the Utah Supreme Court shall adopt rules of procedure and evidence to be used by state courts. The Utah Supreme Court established this standing committee to assist and provide advice regarding the adoption, modification, or repeal of the procedural rules governing the appellate process in Utah. Burke has served a member of the Committee since 2005. In his capacity he serves as an officer of the court and not as a representative of any client, employer, or other organization or interest group. Burke is a shareholder, director, and general counsel of Ray, Quinney and Nebeker. He has appeared on behalf of clients as an appellate advocate before administrative and judicial bodies in Utah. He has argued to the Utah Supreme Court and represented clients at the U.S. Supreme Court in high profile cases.

SCOTT FINLINSON (‘98)

ONSET FINANCIAL GENERAL COUNSEL, APPOINTED TO PRESTIGIOUS ELFA LEGAL COMMITTEE Scott Finlinson has accepted an appointment to the Equipment Leasing and Finance Association (ELFA) Legal Committee. He will serve until November of 2019. Before joining Onset Financial fulltime, Finlinson was an experienced corporate attorney whose practice focused on outstanding cost effective legal solutions for businesses. He brings more than 15 years of legal expertise to Onset Financial as the company's General Counsel. Finlinson is an experienced corporate attorney whose law practice focuses on outstanding cost effective legal solutions for businesses. Prior to joining Onset Financial, he was a shareholder at Ray Quinney and Nebeker in Salt Lake City, Utah, where he was part of the firm's corporate, tax and real property sections. He has represented clients locally and nation-wide in multimillion dollar mergers and acquisitions and has represented equipment leasing companies in transactions across the country.

JUDGE BRIAN EDWARD BROWER (‘99)

TO FILL SUNSET CITY JUSTICE COURT VACANCY The Davis County Nominating Commission has announced the appointment of Judge Brian Edward Brower to fill the Sunset City Justice Court vacancy. The position will replace Judge Jerald Jensen. Brower earned a bachelor’s degree in English literature with a minor in criminal justice from Weber State University. He then graduated from the S.J. Quinney College of Law at the University of Utah.


Mary Jeane Ciccariellow

M

ary Jane Ciccarello aspired to a career in law after her children were born, realizing that she wanted a profession where she could give back to the community by helping people to solve problems. She enrolled at the S.J. Quinney College of Law in 1990 at a time when the field of elder law was making its way into law school curriculums. She took one of the first elder law courses in the country from former College of Law Dean Ned Spurgeon. She and Spurgeon would go on to collaborate on several projects over the years related to law and aging.  “It was terribly exciting to be examining issues that were of great significance to so many people and to try to figure out ways to use legal tools to tackle such topics as incapacity, guardianship, health care, Social Security, and elder abuse,” said Ciccarello, recalling the course she enrolled in with Spurgeon. “Stepping into that classroom changed my life.” Ciccarello graduated from law school in 1993. Today, she is the Self-Help Center Director with the Utah State Courts. Prior to her current position, she was an elder law attorney in private practice in Salt Lake City. She provided Older Americans Act Title III legal services to older persons in Summit and Wasatch Counties in northern Utah. She also served previously as the Legal Services Developer for the Utah State Division of Aging and Adult Services, a staff attorney with the Legal Aid Society of Salt Lake and Utah Legal Services, and the dean of students at the College of Law where she now teaches elder law as an adjunct professor. A fellow with the Borchard Foundation Center on Law and Aging since 2001, she has served as the foundation’s assistant director since 2007. A national center, the institution provides annual fellowships to lawyers beginning their careers in law and aging as well as academic research grants to further scholarship about new or improved public policies, laws and/or programs that will enhance the quality of life for the elderly. “I was interested in forging a second career after my children were born that utilized my skills in writing, analyzing, and teaching. I chose to go to law school not really knowing what I was getting into but soon realized that it was the right choice for me. I also realized early on that I wanted to be a public interest lawyer and do my best to help people resolve problems,” said Ciccarello. “When I was in law school, there were not many programmatic opportunities to forge a public interest career. I took as many courses as I could that would help a career in poverty law and deeply appreciate the family law courses taught by Lee Teitelbaum and the clinics established by Linda Smith. More than anything else, I learned from my fellow students and some wonderful law school staff like Karen McLeese; for example, we established the Public Interest Law Organization and the Fordham Loan Forgiveness Program and we supported one another in our desire to use the law to improve access to justice.”

“I was interested in forging a second career after my children were born that utilized my skills in writing, analyzing, and teaching.”

HELPING OTHERS TO ACCESS THE LAW BY MELINDA ROGERS Alumni Spotlight

MARY JANE CICCARELLO | CLASS OF 1990

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2000s ELIZABETH EVENSEN (‘00)

BRENDON BARTON (‘06)

COMMERCIAL REAL ESTATE WOMEN (CREW) UTAH PRESIDENT-ELECT

AFTER A DECADE AT BIGLAW, ALUM BRENDON BARTON STARTS PRACTICE IN ORANGE COUNTY

Elizabeth (Leeza) Evensen, a partner in the Salt Lake City office, has been elected as 2017 Commercial Real Estate Women (CREW) Utah president-elect. Evensen’s term as CREW Utah president will begin January 2018. Founded in 1989, CREW Network is the industry’s premier business networking organization dedicated to advancing the achievements of women in commercial real estate. Evensen is a partner in Snell & Wilmer’s real estate group. Her experience includes representing real estate developers, ski resorts, landowners, real estate investment trusts, financial institutions and governmental agencies. Evensen received her J.D. from the University of Utah, S.J. Quinney College of Law.

Brendon Barton opened the doors of Barton Legal Group in Orange County, California in August 2016. Barton graduated from the S.J. Quinney College of Law in 2006, and spent the last decade as a commercial litigator in the Orange County office of international law firm Bryan Cave LLP. His new practice is located near the Irvine Spectrum Center in the heart of the tech and real estate center of Southern California. In addition to continuing his work as a civil litigator, Barton helps start-ups and other companies with their corporate and real-estate needs. He finds it deeply rewarding to be able to share the skills he developed at a large law firm with young companies and other clients who are looking for more cost-effective approach to legal services.

ALAN FREER (‘01)

EARNS LAWYER OF THE YEAR IN LAS VEGAS Alan Freer, who focuses on representing beneficiaries and fiduciaries in both challenging and defending the validity of wills, codicils, trusts, amendments and other estate-planning documents, earned the Lawyer of the Year distinction for Trust and Estate Litigation for Las Vegas. Freer is a summa cum laude graduate of the S.J. Quinney College of Law and serves as co-chair for the legislative committee for the Probate and Trust Section of the State Bar of Nevada.

BILLIE SIDDOWAY (‘02)

ELECTED AS A TETON COUNTY PROSECUTOR Before being elected to serve as Teton County Prosecutor in Teton Valley, Idaho, Siddoway maintained a litigation practice in Driggs, Idaho, where she represented clients in copyright and trade secret claims, covenants not to compete and defended a hospital against claims made by an insurance company. She also spent 10 years at Jones Waldo Holbrook and McDonough as a shareholder.

MARK MCBRIDE (‘04)

HAS BEEN PROMOTED TO PARTNER AT LAW FIRM PERKINS COIE Mark McBride is a member of Perkin’s Coie’s Trust & Estate Planning practice in the Bellevue office. He advises individuals and families in all aspects of trust and estate planning, focusing on multigenerational planning. McBride assists individuals and families on estate, gift and generation-skipping transfer taxes through the creation of wills, trusts, business entities and charitable organizations and the use of gifts, sales and other wealth-transfer strategies. He represents executors, trustees and other fiduciaries to effectively and efficiently administer trusts, estates, business entities and charitable organizations.

LINDSEY BLAKE (‘07)

TETON COUNTY WELCOMES NEW DEPUTY PROSECUTOR, LINDSEY BLAKE With several high profile cases pending, including a capital murder trial, newly elected Teton County Prosecutor Billie Siddoway needed to carefully pick her deputy prosecutor. Her choice was former prosecutor in Sublette County, Wyoming, Lindsey Blake. Blake studied at Idaho State University with a degree in political science. She then went on to law school at the University of Utah.

TYLER BUSWELL (‘08)

JOINS BOARD OF AMERICAN AGRICULTURAL LAW ASSOCIATION Tyler Buswell, a real estate attorney and Shareholder at Kirton/McConkie in Salt Lake City, Utah, has joined Board of Directors of the American Agricultural Law Association (AALA), during their 37th Annual Agricultural Law Symposium in held in Oklahoma City. The American Agricultural Law Association is a national, professional membership association of agricultural law professionals from across the United States focusing on the legal needs of the agricultural community. It offers an independent, nonpartisan forum that brings together diverse viewpoints to provide information to resolve complex agricultural law problems.

Tyler Buswell

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FINDING CONNECTIONS TO KEEP MOVING FORWARD IN THE LEGAL FIELD BY MELINDA ROGERS Alumni Spotlight

DUSTIN JANSEN | CLASS OF 2006

D

ustin Jansen was preparing for a final job interview to become a law professor when he realized the value of connections made while interview process in academia, he reached out to his environmental law professor Robert Adler to ask for a copy of a paper he had written in Adler’s water law course. Adler, curious about why Jansen needed the old assignment, pressed his former student for details. “And I told him,” Jansen recounted. “Professor Adler then asked me to come by and present to him at the law school. When I got there, he had gathered a bunch of professors and had me present to them all. The experience was overwhelming, but all the professors gave me great feedback and helped me have a great interview, even if I didn’t get the

Dustin Jansen

gig. Today, I share this experience a lot and people cannot believe how the S.J. Quinney College of Law stepped up to help me, even after graduation. I am forever grateful.” These days, Jansen has found his niche in the academic world. He is currently employed as an assistant professor at Utah Valley University teaching American Indian Studies. He also performs pro bono work in tribal courts on the Navajo Nation and in Utah and works as a hearing officer for the Navajo Nation Office of Hearings and Appeals as part of a law practice in New Mexico. “Law school had a huge influence on me,” Jansen said. “Because of the wonderful professors I had in law school, I developed a love for people and understand how the law impacts each of our lives. Great professors have also given me direction in how to approach my students. Because of this influence I care for my students, I want them to succeed, and I encourage them to help make our world better.” Jansen initially gravitated toward a career in law in part because of the influence of Larry Echo Hawk, a 1973 College of Law alumnus who in 2009 became U.S. Assistant Secretary of the Interior for Indian Affairs. “He said that law was the one thing every human being had in common and it was the forum where real differences could be made. For me, I wanted that difference to be made in Indian Country,” said Jansen. Jansen passes on the inspiration he found to pursue a law degree to students he mentors at Utah Valley University. He reminds them that they can help a lot of people in most professions, but they can help entire nations with a law degree. “Someone shared that with me once and I believe it still,” said Jansen.

“Law is the one thing every human being has in common and it is the forum where real differences can be made.” RES GESTAE / SPRING 2017

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2010s TERRI SMITH (‘10)

STEVE DENT (‘14)

APPOINTED AS NEW ASSOCIATE JUDGE FOR THE NORTHERN ARAPAHO TRIBAL COURT

JOINS GIBSON, DUNN & CRUTCHER'S WASHINGTON, D.C. OFFICE

Smith has worked with Utah Legal Services, Native American Division, the State of Wyoming Public Defender Office, and as an associate with the law firm Baldwin, Croker & Rudd. She is an enrolled member of the Northern Arapaho Tribe.

Steve Dent has joined Gibson, Dunn & Crutcher's Washington, D.C. office where he practices in the litigation department. After graduation, Dent served as a law clerk to the Honorable Robert J. Shelby of the United States District Court for the District of Utah, and to the Honorable Scott M. Matheson, Jr. of the United States Court of Appeals for the Tenth Circuit.

PARKER ALLRED (‘11)

AMERICAN HEART ASSOCIATION NOMINATES PARKER ALLRED TO BOARD OF DIRECTORS Allred will serve a term of two years, with an opportunity to add two additional terms. The Dallas-based American Heart Association is the nation’s oldest and largest voluntary organization dedicated to fighting heart disease and stroke. At Snell & Wilmer, Allred focuses his practice in commercial litigation. His practice spans a variety of areas including contract disputes, real property issues, medical and legal malpractice actions, employment issues and general business litigation in federal and state courts. Prior to joining Snell & Wilmer, Allred represented companies in corporate and transactional matters, including business formation, corporate governance, mergers and acquisitions and general compliance matters. Allred received his J.D. from the University of Utah S.J. Quinney College of Law.

JOSEPH RUPP (‘16)

THWARTS THEFT DURING STATE BAR EXAM Rupp noticed a suspicious person lurking in the parking lot near the state bar testing site while on a short lunch break. Rupp’s military training kicked in and he successfully retained the stolen items when he confronted the thief.

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Joseph Rupp

H


HEAD to HEAD

Two law school graduates. Two experiences. Two generations.

For students who took on the grueling task of serving as editor of the law review on top of balancing an already challenging work load in law school, the experience remains memorable. The Utah Law Review was founded in 1948 with the purpose of serving the interests of students, the bench, and the bars of the state and surrounding areas. Since then, its scope has expanded to include legal issues of importance. The Utah Law Review is a student-run organization, with all editorial and organizational decisions made by student-editors enrolled at the S.J. Quinney College of Law. Res Gestae tracked down two former editors of The Utah Law Review to ask them what they remember about their time serving as editor — and how the experience helped them to become the attorneys they are today.

CLARK WADDOUPS

SARA COPELAND PARKER

Year served as editor: 1972-73

Year served as editor: 2015-16

A memory that sticks out about the experience: We edited a proposed article by a noted constitutional scholar. I and my co-editors concluded it was poorly reasoned, logically unsound, and not supported by the cited authorities. We proposed edits to address those issues, which made the article supportable, but not to the points the author wanted to make. He accused us of making mincemeat of his work. To the best of my knowledge, the article was never published, confirming our belief in the soundness of our edit. Kind of audacious now I think about it in hind sight, but significant in supporting the independence of law reviews and the important role they play. That lesson in independence continues to serve me well in my present position.

A memory that sticks out about the experience: The feeling of satisfaction after whittling down thousands of submissions to the final articles. Where you are today: Law clerk for Justice Deno Himonas on the Utah Supreme Court.

Where you are today: United States District Judge.

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S TARTIN G A NEW CHAPTER IN

ALUMNI REL ATIONS

L

ou Cisz arrived at the University of Utah in 1986 at a time when the market was hungry for law students to join the ranks at large law firms across the country.

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He fell in love with bankruptcy law during a summer internship at Richards, Brandt, Miller and Nelson, finding himself in the courtroom on cases right away while learning from experienced mentors who helped him discover his passion for the sophistication involved with bankruptcy work. The experience, along with inspiration found in Professor Debora Threedy’s commercial law course, helped guide Cisz into what would become a thriving legal career in the bankruptcy field. Cisz graduated from law school in 1989, entering practice at a time when boutique firms were getting the lion’s share of bankruptcy cases. He enhanced his skills with time spent at Thelen and later Thelen Reid Brown Raysman & Steiner LLP, a giant firm known for its construction practice. Today, Cisz is a partner at Nixon Peabody in San Francisco, an international law firm, where he concentrates his practice on insolvency, restructuring debts, creditors’ remedies and related litigation. His clients include lenders, special servicers, manufacturers, vendors, contractors, health care companies, insurers, indenture trustees, buyers and sellers of assets and business ventures in a large cross-section of industries. He is also a founding member of the S.J. Quinney College of Law’s new San Francisco Bay Area Chapter, which launched earlier


this year at an event hosted at Cisz’ firm. Several alumni from the Bay Pizzeria on Friday to commiserate on the rigors of law school. The area gathered for the inaugural event, “Recognizing Gender and Im- lunch morphed into a “To Hell With Law School” dinner party each plicit Bias in Legal Negotiations,” where professor James Holbrook year, where 14 classmates pitched in for groceries and Cisz —who led a discussion on recognizing bias and implicit bias pursuant to the also has a background in cooking —would prepare a gourmet meal rules of professional conduct to help attorneys avoid ethical pitfalls to celebrate surviving another year. in their professional lives. Memories from inside the classroom include learning juris pruThe event is the first of several across the country the law school dence from well-known Professor John Flynn, Cisz recalled. will be sponsoring as a way to better connect with U alumni practic“He had a tremendous influence and was a mentor to me. He gave ing law. me perspective in teaching ‘Don’t take yourself too seriously, don’t Besides the Bay Area Chapter, upcoming events will take place at take the job too seriously, but practice with a sense of striving to alumni chapters in Phoenix, Las Vegas, and Los Angeles. Additional be the best lawyer you can be information and details will be posted in the near future. … but don’t make it your life,” Cisz said he’s excited to reconnect and meet fellow U grads at said Cisz. alumni events, which bring both a chance to reminisce and grow “The way in which he taught, professionally. and the perspective he taught, “It’s important to connect, as we have that common bond. It could the humor he injected into the be a social avenue, it could be a professional avenue where we refer class, it was so refreshing and work to one another,” said Cisz, of the new Bay Area Chapter and inspiring to me.” others across the country that the College of Law is trying to establish. Lou Cisz Cisz noted he has stayed in touch with classmates over the years, recalling a tradition he had with classmates to have lunch at the Pie

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THE DIFFEREN JANE MARQUARDT BLAZED A TRAIL IN THE FIGHT FOR EQUALITY. SHE’S ONE OF SEVERAL DONORS WHO SUPPORTED A NEW ADMISSIONS AND INCLUSION SUITE AT THE COLLEGE OF LAW DESIGNED TO HELP STUDENTS FROM DIVERSE BACKGROUNDS FIND THEIR NICHE IN LAW SCHOOL.

Courtesy Photo

by Melinda Rogers

J

ANE MARQUARDT didn’t initially think of law as career she could pursue. “I was going to be a teacher, that was my major in college,” said Marquardt, a 1977 graduate of the University of Utah College of Law who today serves as vice chair at Utah’s Management & Training Corporation, where she serves on the Board of Directors and oversees the company’s international workforce development.

“I DIDN’T THINK OF WOMEN IN LAW AS A POSSIBILITY,” SHE SAID OF HER EARLY CAREER AMBITIONS.

Jane Marquardt

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Despite coming of age in an era where there weren’t many women in the ranks of incoming law school classes, Marquardt found herself sitting in the classroom after she took the LSAT and scored off the charts. She arrived at law school after growing up in Ogden and spending her undergrad at the U as well, where she competed on the women’s ski team in an era before Title Nine, when she and her team mates would travel on their own to compete in races. That experience, as well as coming out as a lesbian three years after graduating from law school and raising a family in Utah when the world was a less accepting place, helped prepare Marquardt to be a voice for those from underrepresented communities.


Courtesy Photo

NCE MAKER S.J. Quinney College of Law alumna Jane She started her legal career with a poverty law fellowship at Utah Marquardt and her wife Tami pose with Legal Services and went into private practice from 1979 to 2007. In their grandchildren. 1982, she began giving seminars for lesbian and gay couples on how to protect their legal rights through the use of powers of attorney, wills and property arrangements. In 1996, she helped organize and present the first training on LGBT issues for all of the judges in the and a community to assist them in excelling state of Utah. She’s also been a fierce advocate for philanthropy. In 1990, she through law school. In addition to Marquardt, donations received a master’s degree in taxation from the University of San from Sam Alba, Robert Marquardt, Ken Diego College of Law and along with her law partner Doug Fadel, Okazaki and Gilbert Martinez helped to authored the book Giving, Philanthropy for Everyone. In addition turn the idea of the suite into reality. Cecilia to her professional work advising clients on charitable giving, she and her wife, Tami, have provided significant financial support to and Ross Romero were also vital to launchmany local charities, including Equality Utah, the Utah AIDs Foun- ing the idea and the law firm Jones Waldo dation, the ACLU, the Utah Pride Center, and the Matthew Shepard also contributed significantly. “I’ve tried always to be an advocate not Scholarship. Marquardt has served on numerous community boards in the just for LGBT people, but for people from areas of civil rights, education and delivery of legal services. She different backgrounds,” said Marquardt. currently serves on the boards of the United Way of Salt Lake and the “When I started in law school, there weren’t Utah Center for Legal Inclusion and the Utah Advisory Committee many role models. That’s what drew me to support the new law school. The (law school) for the U.S. Global Leadership Council. Marquardt’s experiences as a minority in law inspired her to gave me a good education and I want others provide a generous donation to the S.J. Quinney College of Law to have the same experience.” for the naming of a new Admissions and Inclusion Suite, designed to be a welcoming gateway to law school for the minority student community. The suite, dedicated in August 2016, is designed to help students from diverse backgrounds better connect with resources

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For an extended photo gallery, visit the new “Gallery� section of the S.J. Quinney College of Law web site at www.law. utah.edu/alumni. Be sure to tag yourself online!

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Dean Robert Adler poses with Robert Rice, Dave Duncan, Charles Stormont, Joanna Sagers, Royal Hansen and Timothy Hale at the Utah Celebrates Pro Bono event.

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Alumni and friends of the S.J. Quinney College of Law and the University of Utah School of Medicine enjoyed a fabulous lunch at the 2017 Law and Biomedicine Colloquium.

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S.J. Quinney College of Law students celebrate their success. Cary Jones speaks to S.J. Quinney College of Law scholarship recipients, donors and guests at the 2016 Scholarship Lunch.

S.J. QUINNEY COLLEGE OF LAW

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T H E G A L L E RY

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rom reuniting with old friends at alumni events to making new connections at lectures and CLE opportunities, there were plenty of highlights to choose from during the 2016-17 academic year at the S.J. Quinney College of Law. Here’s a snapshot of some of the bright spots.

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05 06 07

Student Bar Association President Grant Miller toasts the college at one of many events. Tasty treats were in abundance at the Edward Arceneaux artist talk and reception at the college. S.J. Quinney College of Law Board of Trustees President Michele Ballantyne and Jess Hoffberger (far right) talk to students during the one year building celebration reception.

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SCHOL ARSHIP STORIES

Born to Serbian immigrants, Melich grew up in Bingham Canyon. He lived in Moab for 30 years after his graduation from law school, raising four children with his wife, Dorie. He was a central figure in the uranium boom of the 1950s in that region. While in Moab, he landed in public office, serving for 20 years as town attorney and also working briefly as the Grand County attorney. He was elected to the Utah State Senate in 1942 at age 30, becoming the youngest member of the legislature. He held the post for eight years. He returned to Salt Lake City in 1964 with greater political aspirations and ran for governor, losing to Calvin Rampton. In 1969, he was appointed solicitor of the U.S. Department of the Interior and served four years in Washington before relocating back to Utah in 1973. He practiced law at Ray Quinney and Nebeker for the remainder of his legal career, a passion which inspired him to continue going into the office well into his early 80s. He played a supporting role in the watching the U’s research park take shape, when in 1968 the U.S. granted 593 acres of land to the U for use of academic expansion. In 1969, Melich received the U’s highest honor given to former students, in being awarded the Distinguished Alumnus Award. Along the way, he also contributed to community service not only at the U, but through many foundations, including time as a director at St. Mark’s Hospital and as a supporter of the Utah chapter of the Arthritis Foundation. “Mitch was a lifelong learner; he was intensely curious and a voracious reader,” his obituary stated in 1999. “His passion for travel took him to national parks and Republican national conventions with his children, on a journey around the world, on a trip to China when it opened to foreign visitors, and to his parents’ Yugoslavian homeland. He enjoyed golf and avidly rooted for the Utes. He appreciated and supported the arts and, as a member of the State Senate, established legislation founding the Utah Symphony.” Although it’s been nearly 20 years since Melich passed away, his family said they are happy that the story of his well-lived life can be shared with today’s generation of law students, who may find inspiration to pursue public service careers of their own thanks to the generous gifts made by Melich and his family. Nancy Melich recalled a visit to Croatia with her father in 1972 to see the birthplace of family who immigrated to the U.S. It was the first time she saw her father cry, as he stood in a barn where his own father’s humble journey to a better life in the U.S. started. In seeing her father’s own story memorialized in the law school study room, Hemphill said she’s hopeful students will perhaps pause to think about her father’s own path to success when they are struggling —and that Melich’s story will encourage them to keep pushing forward. “Perhaps dad that day, standing on that ground in Croatia, thought about his own father and what he went through (to come to the U.S.). Dad, on some level, went from those same humble beginnings to becoming a prominent lawyer,” said Nancy Melich. “When I see my dad’s name on the room in the law school, I hope that students will see the plaque … and maybe it will offer some encouragement on a day when they need it and maybe it will encourage them.” “I hope they see it and think, ‘Keep going, you too can be a successful and ethical lawyer.'”

THE MAN BEHIND THE

MITCHELL MELICH SCHOLARSHIP Mitchell Melich was a Utah man in every sense of the word. He earned his law degree from the University of Utah in 1934 and went by Melinda Rogers on to serve the university he loved as a regent and an advisory council member. When Melich died in 1999 at the age of 87 it was no surprise to his family that the loyal Ute wanted to give back to the institution that helped him build the foundation for a successful career path. “He loved the U. He was such a Ute,” recalled his daughter Nancy Melich, who lives in Utah. “He had a loyalty to what he had learned at the U.” The Mitchell Melich Scholarship was first established by Melich in 1983 and then continued by family and friends. It is designed for law students enrolled at the College of Law and has been awarded annually to recipients based on merit and need. Behind the scholarship is the memory of Melich, who valued public service and had a full life of accomplishments, including a run as the Republican candidate for governor of Utah in 1964 and time as solicitor in the Nixon administration. This year, the scholarship has grown to include an endowment, which will allow Melich’s gift to the law school to keep on giving to future law school for decades to come. “The University of Utah was a place my grandfather took great pride in throughout his legal career, which spanned near half a century. Education was very important to him and he was instrumental in imparting that value to all of his children and grandchildren. He was a believer in hard work, integrity, and giving back to the community of which you are a part,” said Shelly Ossana, Melich’s granddaughter, who for years has contributed to the scholarship fund in her grandfather’s honor. Noting her grandfather, “A legacy of giving back to the institution which mattered so much to him and of helping students achieve their educational goals is one that would make him proud,” she said. A study room on the fourth floor of the S.J. Quinney College of Law building was named in honor of Melich when the new facility opened in 2015, and in the room is a plaque that tells more of Melich’s inspirational life story.

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SCHOLARSHIPS Emerson Cannon Willey Endowed Scholarship

Rocky Mountain Mineral Law Foundation Scholarship

Robert D. Merrill Distinguished Service Scholarship

O'Hara Natural Resources Honors Scholarship

G.W. Anderson Oil & Gas Fellowship

Jones Waldo Holbrook & McDonough Scholarship

Alonzo Watson, Jr. Scholarship Larry K. Hurless Memorial Scholarship Robert W. and Amy T. Barker Endowed Scholarship Beverly Bistline Endowed Scholarship Judge John I. Farr and Ann Clayson Larson Endowed Scholarship Richard L. Dewsnup Fellowship

Lawrence L. Summerhays Endowed Scholarship in the S.J. Quinney College of Law Lynn and Tom Fey Afghanistan Global Justice Reform Merit Scholarship Robert W. Swenson Fellowship in Natural Resources

Susan Cooper Jones Scholarship

Mitchell Melich Scholarship

LeRoy S. Axland Memorial Scholarship

Wendell B. Hammond Endowed Scholarship

Larry K. Hurless Memorial Scholarship

To learn more about giving to scholarships, visit: www.law.utah.edu/scholarships

Samuel and Bertha Bernstein Endowed Scholarship

Alex and Margaret E. Oser Scholarship

Barnard J. Stewart Memorial Endowed Scholarship

Scholarships are an important part of helping students achieve their dreams of pursuing law school. Thanks to the generous contributions of donors, the S.J. Quinney College of Law each year helps dozens of students to move closer to a future legal career. Starting with this issue of Res Gestae, we will focus on the backstory of a particular scholarship to find out more behind why a benefactor has chosen to give. The new feature, “Giving”, also will be housed on the law school’s web site, www.law.utah.edu. Check back each month to read more about the law school’s tremendous community of donors.

Law Professors Scholarship

W. J. Mitchell Family Endowed Merit Fellowship Earl M. and Corinne N. Wunderli Endowed Scholarship ESRR Endowment Fund for the Wallace Stegner Center Scholarship Susan Cooper Jones Scholarship George S. & Dolores Doré Eccles Foundation Scholarship Samuel and Bertha Bernstein Endowed Scholarship Judge Gilbert A. Martinez "Semper Fi" Community Service Scholarship

Justin C. and Martha R. Stewart Endowed Scholarship Arvo Van Alstyne Memorial Scholarship Fabian & Clendenin Scholarship Parsons Behle & Latimer Merit Scholarship Jill M. Peterson Memorial Scholarship S.J. & Jesse E. Quinney Foundation Scholarship and Fellowship John J. and Sheila A. Flynn Endowed Scholarship Edward W. and Betha J. Clyde Natural Resources Scholarship UMBA Scholarship Behle Fellowship in Natural Resources

Marriner S. Eccles Foundation Scholarship

Maschoff Brennan BioLaw Fellowship

Wendell B. Hammond Endowed Scholarship

Peter "Rocky" Rognlie Pro Bono Intiative Fellow Coordinator

I.J. and Jeanné Wagner Founation Scholarship

R. Schmid Natural Resources Award

David K. and Dorothy B. Watkiss Scholarship Leadership Project Scholarship Stephen L. Richards Endowed Scholarship

J. Thomas and Kay B. Greene Family Endowed Scholarship Community Legal Clinic Fellowship Jonathan Ruga Scholarship

Ray and Joy P. Ivie Endowed Scholarship

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C L O S I N G A RG U M E N T

PAYING TRIBUTE TO A CHAMPION Compiled by Melinda Rogers

Walter Oberer touched the lives of hundreds of law students during his tenure. His memory remains alive today with an annual “Tracksuit Day” event that pays homage to his unique portrait —which stands apart from other oil paintings on display at the law school. Ask law students of Walter Oberer to recall a favorite memory of the popular College of Law professor and former dean and the responses are many in recounting witty and practical advice delivered from a man who changed the lives of countless students. “Professor Oberer was famous for several ‘Oberisms,’” recalled alumna Dianna Gibson, who graduated from the College of Law in 1996. “One that sticks with me is the Bikini Principle. With regard to contract drafting, Professor Oberer said: ‘It is not practical to cover everything; but you must cover the essentials.’ I’m sure that this is more of paraphrase than a quote, but the message is still true.” Oberer died in 2001 at the age of 80 as a result of complications from Parkinson’s disease. Tributes to his accomplishments at that time detailed his full life: born in Detroit, he went on to attend Ohio Wesleyan University where he was Phi Beta Kappa and captain of the football team. He graduated in 1942 with a B.A. in English. He served in the U.S. Army during World War II. He received a J.D. from Harvard Law School where he served as articles editor of the law review.

Oberer practiced law in Detroit and taught evening classes at the Detroit College of Law. In 1955 he joined the faculty of the University of Texas Law School. During a leave of absence from Texas, he served as executive director of the Public Review Board, International Union UAW. Oberer was the Robert S. Stevens Professor of Law at Cornell University Law School from 1964-1972 and held the Betts Chair at Columbia University Law School from 1972-1975. He joined the University of Utah College of Law faculty as dean in 1975. Following an eight-year tenure as dean, he remained at the U as professor of law, teaching contracts, labor law, and legal profession. He received his emeritus appointment upon his retirement in 1994. Contemporary students at the College of Law these days pay homage to Oberer through a tribute on the lighter side —an annual “Tracksuit Day” in honor of the legendary educator’s unforgettable portrait. While the law school’s hallway of administrator portraits generally show a row of unsmiling deans in formal attire, Oberer chose a different style for his painting: a tracksuit. The choice was fitting for Oberer, an avid runner who ran three miles a day until he was 75 (often, with a golden retriever given to him as a gift by law students). Students at the law school gathered earlier this year around Oberer’s portrait in tracksuits of their own, for a tongue-in-cheek nod to a

beloved part of law school history. The occasion prompted Oberer’s daughter, Megan, to add some background to the story of the Oberer’s portrait. “Dad did not wear his track suit to the law school! He wore a tie every single day. He also wore a suit until he came to Utah, when he progressed to a sports coat. I mention this because his respect for education, his students, for being prepared, and honoring his position as a professor, and a dean, was a fundamental aspect of who he was,” she wrote. “Dad wore his track suit to run, which he called his religious exercise, an example of his sense of humor, because Dad was not religious (he was raised Unitarian). It was his religious exercise because he ran every single day, he only missed a day if he was very ill, which was next to never. He ran wherever he found himself, NYC, Chicago, Amsterdam, Bergen, Newark or Hawaii. He ran his 3 miles, unless he got lost, then he ran until he found his way back. Running was his morning meditation. When he could no longer run, due to Parkinson's, and a loss of depth perception, then he walked, and walked, and walked. He never stopped, until he could no longer get his legs to obey. “I so love his portrait, and I consider it a brilliant move on the part of the portraiture artist. Dad did not want to be painted sitting in robes. I believe that felt  pretentious  to him. The artist truly caught Dad in this portrait, his sense of humor, coupled with his presence, proud bearing, and intelligence. A complex and beautiful man, who I miss dearly,” she wrote. The Tracksuit Day tradition to honor Oberer is expected to continue in the fall as new generations of law school students continue to learn about the legacy of a favorite dean in College of Law history.

Law students pose with Dean Bob Adler and Associate Dean Reyes Aguilar on Tracksuit Day.

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A PLACE TO REFLECT demic life writing and lecturing on confronting the guilt from the experience of killing others during the conflict. Holbrook began collecting Bagley’s cartoons over the years. (Holbrook, an expert on conflict resolution who started teaching at the College of Law as an adjunct professor in 1990 before joining the full-time faculty in 2002, is entering phased retirement this spring). Holbrook has donated much of his Bagley cartoon collection to a new permanent exhibit established on the second floor of the law school building, located near the student lounge and law library. Holbrook said he hopes the exhibit –and the complex themes Bagley’s work addresses –will inspire law students to pause and think about the world around them. Bagley recently visited the law school with Holbrook to see the first permanent collection of his work on display, as many S.J. Quinney students stopped to view the cartoons and comment on the thought-provoking addition to the building.

Photo by Dana Wilson

S.J. Quinney College of Law Professor Jim Holbrook has always been drawn to Utah editorial cartoonist Pat Bagley’s work. Bagley, a longtime illustrator at The Salt Lake Tribune and 2014 Pulitzer Prize finalist, has spurred discussion with his commentary on local, state, national and international politics and current events. His musings about the culture of traditionally conservative Utah consistently sparks debate in the Beehive State. Bagley’s liberal viewpoint gained notoriety during the George W. Bush administration, in which he published several humor books, including 101 Ways to Survive Four More Years of George W. Bush, Clueless George Goes To War!, Clueless George Is Watching You!, and Clueless George Takes on Liberals! Outside of some of Bagley’s more humorous statements on politics, Holbrook was often struck by Bagley’s more serious commentary on war in cartoons published in sources such as The Washington Post, The Guardian of London, The Wall Street Journal, Newsweek, and The Los Angeles Times. Holbrook became an artillery fire direction specialist in the Mekong Delta region of South Vietnam with the Ninth Infantry Division in 1968 and has spent part of his aca-

Cartoonist Pat Bagley (left) poses with Professor Jim Holbrook (right) at a new permanent display in the S.J. Quinney College of Law that features Bagley’s work. RES GESTAE / SPRING 2017

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U N I V E R S I T Y O F U TA H S . J . Q U I N N E Y C O L L E G E O F L AW 383 SOUTH UNIVERSITY STREET S A LT L A K E C I T Y , U T 8 4 1 1 2 L AW. U T A H . E D U

Res Gestae  

Res Gestae is the alumni magazine for the S.J. Quinney College of Law.

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