Laura Anne Dooley Magazine

M A G A Z I N E
F A L L 2008
VOLUME 2
NO 2
New Faculty Strengthen Law School
By Kent Syverud, Dean and Ethan A.H. Shepley University Professor
This issue of Washington University Law Magazine underscores two important themes: the exciting contributions of our most recent faculty and the important strides we have made in our International Programs. Since 2006, we have welcomed 14 new faculty members who bring significant contributions to our scholarly community and who are committed to excellence in teaching. Our new faculty are stars in such areas as criminal law, family law, the regulation of behaviors in firms and markets, gendered and private law dimensions of American slavery, employment law, Chinese law, dispute resolution, clinical legal education, international law, and tax law and policy, as well as the intersection of law with other fields such as psychology, economics, and political science. As you read more about them, I hope you will get a better sense of how these new additions to our faculty are helping us to uphold the culture of excellence in both teaching and scholarship that we value so highly at our law school. The legacy of outstanding teaching is further underscored in the reflection piece by Professor David Becker on Why I Teach and the feature on our alumna Laura Dooley who has pursued a career as a professor of law at Valparaiso. We are also proud of other work of our alumni featured in this magazine, including the profile on real estate and development law attorney Jonathan Rosenbloom and the small firm spotlight on Suzanne Brown. Another major theme of this issue is new developments in our International Programs. The law
school has long had a firm foundation in international and comparative law, and in recent years, the expansion of our international offerings and programs has been nothing short of extraordinary. Our curriculum is rich in both courses that examine a particular foreign legal system and those with a more general multinational focus. Our faculty publish widely on international issues, and they teach, conduct research, and advise governments and other organizations around the globe. The Whitney R. Harris World Law Institute promotes in-depth research and instruction in international and comparative law and supports a variety of conferences, lectures, and roundtables, including a new initiative to draft a multilateral treaty condemning crimes against humanity. Other highlights include the Transnational Law Program, Summer Institute for Global Justice, Ambassador-in-Residence Program, Africa Public Interest Law & Dispute Resolution Initiative, and numerous internships and study abroad opportunities. The schools LLM Program in U.S. Law provides foreign attorneys with intensive exposure to U.S. law, legal theory, and legal education. Our international moot court teams also have had phenomenal success, winning several major championships and individual awards for excellence in oral arguments and brief writing. As the world shrinks, a foundation in international law is essential to helping students prepare for an environment in which legal issues require global solutions. As you read about our new faculty, our latest international endeavors, and several of our alumni, I hope you will learn more about what makes us a great law school. As we strive to continue to be a center of great teaching, service to the world, and transforming scholarship, we also endeavor to contribute to the intellectual vibrancy of the University, make lasting contributions to the legal profession, and create great lawyers.
COVER PHOTO: MARY BUTKUS
MAGAZINE
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D E PA R T M E N T S
10 IN REVIEW: Extraordinary Rendition, Torture, and Other Nightmares from the War on Terror FACULTY PROFILE Ellis Era FACULTY PROFILE Law in Japan Conference Pays Tribute to John Haley FACULTY PROFILE Tokarz Awarded Public Service Professorship FACULTY PROFILE Mutharika Advising Malawis President, Named to Professorship FACULTY NOTES ALUMNI NEWS SMALL FIRM SPOTLIGHT Immigration Law Clients Inspire Alumna CLASS NOTES IN MEMORIAM END PAPER: How Election Law Feeds Stagnant Centrism of American Politics
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WASHINGTON UNIVERSITY LAW MAGAZINE
Kent Syverud
DEAN
F E AT U R E S
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Ann Nicholson
MANAGING EDITOR
Ryan Rhea
EDITOR
NEW FACULTY Recent faculty hires strengthen the law schools academic and teaching excellence. WHY I TEACH Professor David Becker describes his passion for teaching. THE DOOLEY EFFECT Law Alumna Laura Dooley, JD 86, and a professor at Valparaiso, has a lasting impact on her students. IMPROVING THE LANDSCAPE New York attorney Jonathan Rosenbloom, JD 76, takes on high-profile real estate projects. CONSTRUCTION COMPLETED Finished projects create vibrant spaces and enhance the sense of community. INNOVATIVE APPROACHES TO INTERNATIONAL LAW Washington University Law remains a leader in the field of international law. AMBASSADOR-IN-RESIDENCE Thomas Schweich of the U.N. shares his expertise with the law school.
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Erin Kawell
D E S I G N E R / A RT D I R E C T O R
Scott Hueting
D E S I G N E R / P R O D U C T I O N A RT I S T
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Washington University Law Magazine is published for the benefit of alumni, friends, and colleagues.
D I R E C T C O M M U N I C AT I O N S T O
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Ann Nicholson Director of External Affairs Washington University School of Law Campus Box 1120 One Brookings Drive St. Louis, MO 63130-4899
PHONE
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(314) 935-6430
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(314) 935-7961
E-MAIL
anicholson@wustl.edu
(front cover) Recent faculty hires, front row, from left: Professors Melissa Waters, Annette Appell, Rebecca HollanderBlumoff, Cheryl Block, and Adrienne Davis, and back row, from left: Gerrit De Geest, Gregory Magarian, Emily Hughes, Samuel Buell, Andrew Martin, Carl Minzner, and Marion Crain. Not present: David Law and Adam Rosenzweig.
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Wa s h i n g t o n U n i v e r s i t y L a w M a g a z i n e
[Feature]
New Hires Strengthen Law Faculty

From training judges in Central Asia to co-editing a book with former Sen. John Edwards, clerking for Justice John Paul Stevens, and authoring leading casebooks in their fields, a rich array of professional and scholarly experiences comes with Washington University Laws 14 recent faculty hires. These accomplished academics also share a commitment to excellence in teaching.
FACULTY HIRED IN 2006 AND 2007
Cheryl Block Professor of Law Professor Block joined the law school from George Washington University. She is an expert in tax law and policy. Author of a leading book on corporate taxation, she also has written numerous articles on taxation, public policy relating to federal bailouts, legislative voting rules, social choice theory, and the interplay between tax and budget policy. She teaches Corporate Taxation; Federal Income Tax; Legislation; and Tax Policy.
Samuel W. Buell Associate Professor of Law Professor Buell teaches and writes about criminal law and regulation of behavior in firms and markets. A former prosecutor for the United States Department of Justice in New York, Boston, Washington, D.C., and Houston, he twice received the Attorney Generals Award for Exceptional Service. Buell teaches Criminal Law; Securities Regulation; and Advanced Topics in Regulation of Financial Markets.
MARY BUTKUS PHOTOS
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by Betsy Rogers
We have hired both exceptionally accomplished veteran professors and entry-level professors who have shown great promise in their fields. KENT SYVERUD
IDELY PUBLISHED AND RECOGNIZED AS LEADING SCHOLARS,
the law schools 14 new professors represent a diversity of interests that enriches the schools research enterprise. And they bring a passion for teaching that promises students a deeply rewarding learning experience. Indeed, says international law scholar Melissa Waters, who joined the faculty in summer 2008, Washington Universitys reputation as a school that really cares about teaching was one of the factors that drew her to St. Louis. Constitutional and election law scholar Gregory Magarian, who was hired in 2007 to join the law faculty in 2008, shares her enthusiasm for teaching: In the classroom, two things excite me. One is when I get the sense that students are understanding something they didnt understand before, and the
other is when I understand something that I didnt understand as well before. The recent faculty hires have areas of expertise spanning criminal law, the regulation of behavior in firms and markets, law and psychology in the context of dispute resolution, tax law and policy, Chinese law and politics, Constitutional law, law and economics, the gendered and private law dimensions of American slavery, family law, clinical education, empirical research, law and politics, international law, comparative law, human rights law, and labor and employment law. They are recipients of research grants from the National Science Foundation and Ford Foundation and fellowships from the Rockefeller Foundations Bellagio Study and Conference Center, Council on Foreign Relations, Harvards Criminal Justice Institute, and the Xibei Institute of Politics and Law. They have published numerous scholarly works and serve as editors and editorial board members of leading law journals. One received two Attorney Generals Awards
for Exceptional Service. Others hold or have held leadership roles with the Association of American Law Schools, American Bar Association, European Association of Law and Economics, and Uniform Law Commission. We have hired both exceptionally accomplished veteran professors and entry-level professors who have shown great promise in their fields, notes Kent Syverud, dean and the Ethan A.H. Shepley University Professor. We are thrilled to have recruited 14 such talented faculty. Since 2006, the law school has hired Professors Cheryl Block, Samuel Buell, Adrienne Davis, Gerrit De Geest, Rebecca Hollander-Blumoff, Emily Hughes, Gregory Magarian, Andrew Martin, Carl Minzner, and Adam Rosenzweig (see below, pages 26). Joining them at the law school in 2008 are the most recent hires: Annette Appell, Marion Crain, David Law, and Melissa Waters (see above, pages 47).
Adrienne Davis William M. Van Cleve Professor of Law Professor Davis scholarship emphasizes the gendered and private law dimensions of American slavery. The author of a book and numerous other publications, she also does work on race and feminist theory. Formerly a chaired professor at the University of North Carolina, Davis serves as a distinguished lecturer with the Organization of American Historians. She teaches Contracts; Law & Literature; Slavery; and Trusts & Estates.
Gerrit De Geest Professor of Law Professor De Geest joined the law school from Utrecht University in the Netherlands. He is the author of numerous books and articles on issues related to comparative law and law and economics. Past president of the European Association of Law and Economics, De Geest is a member of the Economic Impact Group of the Common Principles of European Contract Law and co-editor of the Review of Law and Economics. He teaches Comparative Law; Jurisprudence; and Law & Economics.
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ANNETTE APPELL
ANNETTE APPELL, professor of law and the schools inaugural associate dean for clinical affairs, joined the faculty from the University of Nevada, Las Vegas. Appell earned a bachelors degree in philosophy at Cornell University and her law degree at Northwestern University. She taught previously at Northwestern and the University of South Carolina before going to Nevada,
where she became associate dean for clinical studies and the William S. Boyd Professor. As Washington University Laws new associate dean for clinical affairs, Appell succeeds former clinic director Karen Tokarz, who was celebrated in April 2008 at her installation as the Charles Nagel Professor of Public Interest Law and Public Service (see page 26). Appell is overseeing the schools clinical, externship, and related programs and courses. She also is working to create additional live client clinics at the law school; to integrate the already strong and diverse existing clinical programs and faculty; and to build ties with legal and social services communities outside the law school. Additionally, she will be teaching Child Welfare and Children & the Law. Appells research interests center around children and the family, adoption, the child welfare system, and childrens representation. Current projects include an article titled The New Blended Families: Legal, Blood, and Fictive Kin Networks and Open Adoption, in which she explores the continued importance of disrupted biological connections in families where at least one biological parent is not
a legal parent and suggests lessons that adoption with contact can provide for structuring relationships in these families. The biological connection, she says, has utility and functionality. At the same time, the postmodern family is taking on many new and complex biological and social forms. Im interested in how we address the regulation of these families, she explains. Twenty states have now provided for adoption with contact, a voluntary, but legally regulated, system for adoptive families and biological relatives to maintain continuing connections. This might be a useful model for postmodern families as well and help accommodate the inexplicable pull of biology, she says. Appell has served on the editorial boards of Adoption Quarterly and Juvenile & Family Court Journal. She has authored more than 30 scholarly articles and book chapters and has presented papers at scores of conferences and other meetings. She has testified before state legislatures in North Carolina, Nevada, and Illinois and served as a member of the Nevada Supreme Court Commission on Access to Justice, among many professional service commitments.
Rebecca Hollander-Blumoff Associate Professor of Law Professor Hollander-Blumoff focuses on the intersection of law and psychology in the context of dispute resolution. Formerly a research fellow at the Institute of Judicial Administration at New York University, she taught at NYU and Seton Hall before joining the law faculty. Hollander-Blumoff is also a PhD candidate in social psychology at NYU. At Washington University, she teaches Civil Procedure; Law & Psychology; Negotiation; and Negotiation Theory.
Emily Hughes Associate Professor of Law Professor Hughes, a former assistant public defender for the state of Iowa, concentrates her teaching and scholarship in the area of criminal law. Hughes previously was a Sacks Fellow at the Criminal Justice Institute at Harvard Law School and associate director of the Center for Justice in Capital Cases at DePaul University College of Law. At Washington University, she teaches the Criminal Justice Clinic; Criminal Law; and Criminal Procedure.
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MARION CRAIN
Labor law scholar MARION CRAIN, the Wiley B. Rutledge Professor of Law, also has an abiding interest in families, with an emphasis on eliminating poverty. As deputy director of the University of North Carolinas Center on Poverty, Work & Opportunity, she and former Sen. John Edwards coedited Ending Poverty in America:
How to Restore the American Dream, a compilation of essays (including one by Washington Universitys Michael Sherraden) offering concrete strategies for change. Crain graduated from Cornell University with a degree in social work and then earned her law degree at the University of CaliforniaLos Angeles. Her social work studies, she says, sparked an interest in groups and organizations and institutionswhat their cultures are, how theyre organized, how they mobilize themselves for changeand that laid the groundwork for my later interest in labor unions. Crain has authored a labor law casebook and an employment law casebook (co-authored with Professor Pauline Kim), along with numerous articles and book chapters. Current research interests also include family law; feminist legal theory; and the relationships among gender, work, and class status. One project now in progress is exploring questions of employee branding. The growth of the service sector, she observes, has brought intensive efforts to brand or identify employees with the services they provide. Dress, scripted
speech, even makeup can all be part of this effort. She acknowledges that employees can see this branding as a benefit, a means of belonging, but, she wonders, when the mother ship cuts loose its satellites, does it owe them anything? Cutting them loose at will is more than just an economic loss. Theyre cut off from their community and their identity. Crain taught law at West Virginia University and the University of Toledo before going to North Carolina. She has been a visiting professor at the Universities of Michigan and Alabama, George Washington University, and Duke. At Washington University, she will be teaching Labor Law; Employment Law; Family Law; and related seminars. Crain enjoys teaching and finds that it fuels her research. Ive gotten my best ideas for scholarship while teaching, she says, because students ask the most fundamental questions, the ones Ive stopped thinking about or have never thought about. They call me back to whats important. And teachers who are engaged in scholarship bring that passion and excitement into the classroom.
Gregory Magarian Professor of Law Professor Magarian focuses his scholarship and teaching on free speech, the law of politics, and law and religion. He previously was on the Villanova University School of Law faculty for nine years, practiced law in Washington, D.C., and clerked for Judge Louis Oberdorfer of the U.S. District Court for the District of Columbia and for Justice John Paul Stevens of the Supreme Court of the United States. He teaches Advanced Topics in Freedom of Expression; Constitutional Law; and Speech, Press, & the Constitution.
Andrew Martin Professor of Law and Professor of Political Science Professor Martin directs the law schools Center for Empirical Research in the Law and is chair of the Department of Political Science in Arts & Sciences. He has received grants from the National Science Foundation for his work on the Supreme Court, and his research has appeared in numerous legal, social science, and applied statistics journals. At the law school, he teaches both Social Scientific Research for Lawyers and the Politics of the U.S. Supreme Court.
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DAVID LAW
in which scholars measure judicial ideology, and an investigation of the Japanese Supreme Courts renowned reluctance to strike down legislation. He is conducting the latter project in Tokyo with the support of an International Affairs Fellowship, awarded by the Council on Foreign Relations and
Public law, constitutional theory, transnational law, and the laws intersection with political science form the core of Professor DAVID LAWS scholarly interests. Law will join the faculty this winter, with appointments both at the law school and in the Department of Political Science in Arts & Sciences. Among many irons currently in the fire, he is working on a major article on the ways in which judicial review bolsters popular sovereignty, an empirical analysis of the Supreme Courts use of legislative history in statutory interpretation cases, a critical examination of the ways
sponsored by Hitachi. A year of study at the University of Oxford sparked Laws interest in comparative and transnational law. A graduate of Stanford University with a bachelors in public policy and of Harvard Law School, he clerked for a federal appeals court judge in Los Angeles then practiced there as an attorney for another year before returning to Stanford to study political science as a PhD student. He had a keen interest in political theory, but with key members of Stanfords political theory faculty on leave, he took advantage of a scholarship
to attend Oxfords distinguished jurisprudence and political theory seminar. To qualify for a graduate degree, he filled out his schedule with several comparative law courses, and was hooked. According to Law, scholars differ considerably about what can be accomplished by studying comparative law. His own goal is to move beyond comparison to framework-building that will enable public law to be taught as a single coherent subject on a global basis. Traditional subjects such as tort law and criminal law, he observes, vary significantly from state to state, and yet national law schools teach a framework of general principles within which differences between states can be understood. Law believes that, to a significant degree, the same can be done with constitutional law on an international scale by developing a theoretical, doctrinal, and practical framework that applies across different countries. Such a framework would give law schools a way to equip their students with a substantive and analytical tool kit for approaching public law issues in any jurisdiction they come across. He comes to the law school from the University of San Diego School of Law and the University of California,
Carl Minzner Associate Professor of Law Professor Minzner specializes in Chinese law and politics. Before joining the law faculty, he served as senior counsel on the CongressionalExecutive Commission on China and was an International Affairs Fellow at the Council on Foreign Relations. He also served as a YaleChina Legal Education Fellow at the Xibei Institute of Politics and Law in Xian. At Washington University, Minzner teaches both Property and Introduction to Chinese Law.
CYLINDA MARQUART PHOTO
Adam Rosenzweig Associate Professor of Law Professor Rosenzweig concentrates his research and teaching in the area of tax law and policy. He previously was a visiting assistant professor at Northwestern University. He also worked in private practice in New York, where he focused on federal income tax law and specialized in private equity, hedge funds, equity derivatives, and cross-border capital markets. He teaches Federal Income Tax; International Business Transactions; and International Tax. By Ann Nicholson
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San Diego political science department. He currently is serving as a visiting professor at Keio University in Tokyo, for the purpose of conducting his research on the Japanese Supreme Court. At Washington University, he will teach Constitutional Law; Administrative Law; and courses in the areas of law and political science, and comparative public law.
The following faculty also will be teaching at the law school in 200809. Ambassador-in-Residence Thomas A. Schweich Special Representative, U.N. Office of Drugs and Crime, and of counsel, Bryan Cave LLP Teaching: Afghanistan: Microcosm of International Crisis; The United Nations: An Evolving Approach to International Law & Crisis Resolution (See page 23) Visiting Professors Peter Alces Rita Anne Rollins Professor of Law, The College of William and Mary Teaching: Payment Systems; Secured Transactions; UCC: Article 2 Charles Burson Former Executive Vice President and General Counsel, Monsanto; Former Counsel to the Vice President, Assistant to the President and Chief of Staff at the White House, Office of the Vice President; now of counsel, Bryan Cave LLP Teaching: Lawyers Role in Corporate Crisis Management; Supreme Court & Presidential Elections Adele Morrison Associate Professor, Northern Illinois University Teaching: Civil Justice Clinic; Domestic Violence Law Camille Nelson Professor, Saint Louis University Teaching: Contracts; Criminal Law Michael Siebecker Associate Professor, University of Florida Teaching: Agency, Partnership & LLCs; Corporations David Stras Associate Professor, University of Minnesota Teaching: Federal Jurisdiction Visiting Lecturer Leah Theriault Former Lecturer/Adjunct, University of Toronto Teaching: Copyright & Related Rights; Theory of Property Rights II: Intellectual Property Fellows Maggi Carfield, JD/MSW 05 Former public interest lawyer, Law Offices of Thomas E. Kennedy, III Teaching: Law & Social Work; Property Jennifer Carter-Johnson Former intellectual property lawyer, Perkins Coie LLP Teaching: Biotechnology & the Law; Property
MELISSA WATERS
Professor MELISSA WATERS, who joins the faculty from Washington and Lee University, specializes in international law. In particular, shes interested in the relationship between international and domestic law. When the United States signs an international treaty, how do its obligations become incorporated into domestic law? One camp argues that the treaty obligations automatically become part of domestic law. Others assert that the legislature must enact them to incorporate them into domestic law. Waters believes that judges have a critical role. Its really important that American judges begin to learn to play that role as mediators between domestic and international law, she says. So currently shes working on research into the dialogic relationship between U.S. and international courts, and into the transnational judicial dialog among judges around the world as they confer with one another in an effort to assume this role. Waters grew up around the law in Elm Springs, Arkansas, where her father, H. Franklin Waters, was a lawyer and a judge. She earned both bachelors and law degrees at Yale. She first taught at Case Western Reserve University and has been a visiting professor at
Vanderbilt University and Guatemalas Universidad Francisco Marroquin. She has presented papers and lectures across the country and abroad. Her professional and scholarly experience goes well beyond teaching and research. Consulting with the Soros Foundation, she helped develop a program to build human rights legal capacity in Angola and Mozambique. At the State Departments Bureau of Democracy, Human Rights, and Labor, she advanced efforts to intensify sanctions against Burma in response to its human rights abuses. Working with the American and the International Bar Associations, she has trained judges in Central Asia and Iraq. Iraq, she says, has a strong tradition of the rule of law. There is so much to work with in Iraq, she observes. They could really become a wonderful example for the Middle East, a strong but uniquely Middle Eastern legal system. At Washington University, Waters will teach Conflict of Laws; Foreign Relations Law of the United States; and International Law. She observes: I love teaching. I find that the better my teaching is going, the more excited I am about my research, and vice versa. ||||
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[Reflection]
Why I Teach
While practicing law in Chicago, I received a letter from the University of Michigan Law School inviting me to apply for a twoyear teaching position in their writing program. I had not given much attention to teaching beforehand, nor did I do so at the time as I discarded the letter in my waste basket at home. My wife, Sandi, soon discovered it and, using the Socratic method, she challenged me to examine the opportunity further. Six months later we moved to Ann Arbor as I began my adventure into teaching law. I knew that as a law student and as a practicing lawyer I loved research and writing more than anything else, and I was attracted by the opportunity to devote my life to this kind of work. So this was my original reason for leaving private practice and commencing a career in academia. But the classroom experience was a huge unknown because I had never taught or done much public speaking. This was the wild card with respect to making the change permanent. Yet within one month I was convinced that I could fulfill my classroom responsibilities adequately, and I knew that I wanted to make teaching my lifelong career. The following academic year, 196364, I moved to St. Louis and began my love affair with the Washington University School of Law. I say love affair because I know that my academic life elsewhere would never have been the same nor would my answer to the central question as to why I teach. The law school was a special place, one that was very different from the schools that I had attended and the school at which I had previously taught.
Y ENTRY INTO TEACHING WAS ACCIDENTAL.
Why do I teach? Although I know the answer to the question, it is not the same one that I would have given many years ago.
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by David M. Becker
Teaching is an exhilarating and exciting experience almost beyond description.

The entering class consisted of 80 students, and I was assigned to teach both sections of Property. I was the 11th member of the faculty. The atmosphere was friendly and intimate. Faculty members took their responsibility to teach very seriously and made themselves accessible to students in the hallways, in Holmes Lounge immediately after class, and in their offices. I got to know every student and many very well over time. I soon recognized that I was comfortable as a teacher and very happy to be at the law school. my answer as to why I teach would have been very close to the answer I would have given at the outset. Nevertheless, after about six years at Washington University I finally recognized that graduation was a disquieting time for me. Graduates and their families celebrated while I was enveloped with sadness and at times mild depression. It took me several more years to fully grasp the underlying reasons for this unhappiness. By then I understood that wonderful students enter your life, maintain contact for several years after graduation, and thereafter are silent as they become preoccupied with their professional and family lives. Quite simply, I missed them. Yet I knew this was an inevitable reality as a teacher. But why did I miss them? There arent many jobs which guarantee that a hundred or more new and exciting people would enter my life annually. These were people who always challenged me in the classroom with their intellect and imagination. Indeed, nearly every important idea that I have voiced in a book or an article has been conceived in the classroom or in
YET EVEN THEN
my office as a result of student questions and input. Teaching is an exhilarating and exciting experience almost beyond description. It is quick, intense, educational, vigorous, and even exhausting. So why do I teach? The dedication of my book on perpetuities offers a partial explanation: In appreciation of my students, from whom I have learned much. However, there was something more. As I got to know my students and forged friendships, I recognized how their diversity had enriched my life. These were men and women from different backgrounds, races, and even countries and cultures who possessed varied interests and expertise. I borrowed heavily from their diverse experiences, but I also borrowed from their vitality, ingenuity, courage, and resourcefulness. These were the reasons I missed them. Nevertheless, over time my former students gave me even more. Ultimately they would reward me with their lasting friendship, their accomplishments within and beyond the law, and, most of all, they would reward me with their good deeds. These, then, are the reasons why I have taught for over 46 years and want to continue teaching. It is because of what my students have given to me, including their ultimate gift of lives well lived. These gifts have made me a rich man. And after nearly 6,000 students, I still yearn for more. |||| David M. Becker is the associate dean for external relations and Joseph H. Zumbalen Professor Emeritus of the Law of Property.
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[In Review]
Extraordinary Rendition, Torture, and Other Nightmares from the War on Terror
O
Men in black arrived and he remembers one shouting at him through an interpreter: You are in a place that is out of the world. No one knows where you are, no one is going to defend you. He was chained by one hand to the wall in a windowless cell and left with a bucket and a bottle in lieu of a latrine. He remained there for nearly a week, he said, and then was blindfolded and bound again and taken to another prison. There they put me in a room, suspended me by my arms and attached my feet to the floor, he r ecalled. They cut off my clothes very fast and took off my blindfold. He said the interr ogators left him chained for five days without clothes or food. They beat me and threw cold water on me, spat at me and sometimes gave me dirty w a t e r t o d r i n k , h e s a i d . T h e A m e r ic a n m a n told me I would die there. Craig S. Smith & Souad Mekhennet Algerian Tells of Dark Odyssey in U.S. Hands New York Times, July 1, 2006
President Bush admitted publicly what had been surmised for some time: that the U.S. government was holding unnamed alleged terrorist enemy combatants in secret detention centers throughout the world as part of the Global War on Terror (GWOT). Some prisoners are in U.S. custody; others have been rendered to third countries. This extraordinary rendition program, as it has euphemistically been dubbed, has been vociferously criticized in the United States and abroad as both unlawful and ill-conceived. The stories of the individuals outsourced as a result of the U.S. rendition program are lurid in their details, involving hooded detainees, who are spirited away in the dead of night and sent in chartered aircrafts to remote countries where they typically suffer torture and maltreatment. In the words of one former CIA agent: If you want a serious interrogation, you send a prisoner to Jordan. If you want them to be tortured, you send them to Syria. If you want someone to disappearnever to see them againyou send them to Egypt. The use of torture by Americans and foreign governments acting as surrogates for the United States should not come as a surprise. Given the wealth of information on coercive interrogation tactics that has emerged from reports on conditions at Guantanamo Bay, as well as the sickening photo and video footage emanating from Abu Ghraib prison, it would be naive to assume otherwise. Given the insistence of the White House on provisions retroactively amending the Federal War Crimes Act of 1997, which effectively amnestied those committing offenses under the prior law, it is hard to ignore the tacit admission in the recently enacted Military Commissions Act (MCA) that the United States has embarked on an official policy inconsistent with current international definitions of torture. Although it was initially believed that the number of prisoners rendered abroad has been relatively few, it now appears that the number may be scores or even hundreds. The covert nature of the operations and the allegations of prisoner mistreatment raise very troubling questions about the U.S. rendition program, which has been labeled by [an] EU Parliamentary Committee as criminal and illegal.
N SEPTEMBER 6, 2006,
* * * have applied themselves to an understanding of the deeper logic of terrorism and its causes, which is not our subject here. Those studies, however, in no way suggest that the kind of human rights abuses that currently taint the conduct of the
MANY EXPERTS
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by Leila Nadya Sadat
International law, like domestic law, is a system whose component parts are deeply intertwined. Unraveling portions of the legal fabric has unintended consequences for the whole.
GWOT are necessary for a better outcome. Secret prisons, secret prisoners, indefinite detention, and the use of torture and cruel, inhuman, and degrading treatment, all in violation of international human rights law and international humanitarian law, should be uniformly and categorically rejected, particularly by lawyers who understand the complexities of the law and its central role in holding a society together when tested by adversity. The Nuremberg principles, with their emphasis on individual criminal responsibility rather than collective punishment of entire nations or ethnic groups, suggest an alternative vision of the GWOT: one that would permit the United States to retain both legal and moral clarity as it combats the very deadly scourge of international terrorist attacks. Indeed, following the September 11 attacks, the United Nations Security Council adopted a series of resolutions building on the Nuremberg precedent by mandating, for all nations, that the crime of international terrorism be treated as other jus cogens crimes, such as genocide and war crimes, over which all states may exercise universal jurisdiction. The resolutions emphasized the duty of all states to prevent, as well as punish, acts of international terrorism, and set out a framework for the continued elaboration of international norms and prosecutions of international terrorist crimes.
WHATEVER QUALMS
States or even in countries whose citizens are favorably disposed toward Americans. Intergovernmental cooperation is therefore essential for the[ir] apprehension. The kind of universal jurisdiction by treaty regimes found in all the antiterrorism treaties alluded to earlier requires all contracting states to try or extradite suspected terrorists. The Security Council resolutions adopted after September 11 suggest that they may, in addition, be enforceable as a matter of customary international law against nonparty (or uncooperative) states by the Security Council. This is assuming the United States is willing to cooperate in a manner that gives assurances to other states that American efforts will be cabined by law. The use of secret prisons, the holding of ghost prisoners, and the endemic use of torture and cruel, inhuman, and degrading treatment against detainees in U.S. custody, however, gives states political cover for refusing to cooperate with the United States when they might otherwise have done so. at Nuremberg showed the formerly warring states of Europe a new way to conceptualize international relations and instill the rule of law. The administration has cited no evidence that Geneva and the other treaties elaborated at that time are obsolete; rather the government has made what is, at best, a tenuous case that they are inconvenient. Shattering the consensus that produced them has serious consequences not only for the conduct of the GWOT, but the stability of all the institutions established under U.S. leadership after the Second World War. International law, like domestic law, is a system whose component parts are deeply intertwined. Unraveling portions of the legal fabric has unintended consequences for the whole. The war that was launched from the nightmare of September 11 has produced the nightmare of Guantanamo, the horror of Abu Ghraib, the broken lives of the U.S. soldiers killed or wounded in Iraq and Afghanistan, the deaths of tens, maybe hundreds, of thousands of Afghan and Iraqi civilians, and the shattered psyches of Americas torture and rendition victims. The damage done has been considerable, but it is perhaps not yet insurmountable if the United States government changes course. ||||
AMERICAN LEADERSHIP
one might have about the Security Council adopting this kind of international legislation, undoubtedly the September 11 attacks themselves were so horrifying in scale that they unified states desires to finally make progress regarding the definition of terrorism and the prosecution of major international terrorist figures. Many commentators suggested the need for international terrorist courts; not a new idea (an international terrorism convention, complete with a court, was elaborated in 1937 although it never came into force), but one worth seriously considering, particularly given the desire of many states to see the International Criminal Court eventually assume such a task. The Bush administrations approach has appeared hypocritical and confused, attempting on the one hand to extricate the war on terror from the application of international humanitarian law, while arguing on the other hand, as a matter of domestic law, that because terrorism is a problem of war, not crime, the President may establish military commissions, detain individuals indefinitely without charges, eliminate the possibility of federal court supervision, and substantially aggrandize his own authority. [This] approach appears to have been remarkably shortsighted. Most international terrorists do not live in the United
Leila Nadya Sadat is the Henry H. Oberschelp Professor of Law and director of the Harris Institute for Global Legal Studies.
Excerpted with permission from The George Washington Law Review (Volume 75, Number 5/6) http://docs.law.gwu.edu/stdg/gwlr/issues/pdf/GWLR75_5-6_Sadat.pdf
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[Alumni Profile]
The Dooley Effect

Dedicated Professor Balances Research Interests and Commitment to Teaching
Its not uncommon for a professor to have a lasting impact on a students life and career, but it is unusual for that effect to be given a name. The influence that Valparaiso University School of Law Professor Laura Dooley, JD 86, has on her students has been coined The Dooley Effectso named by former student Marissa Bracke.
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by Tim Fox
Professor Appleton taught me the importance of being a role model. LAURA DOOLEY
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ARAN KESSLER/kesslerphoto.net
ALPARAISO PROFESSOR AND WASHINGTON UNIVERSITY LAW ALUMNA LAURA DOOLEY,
an expert in the areas of feminist procedure, medical ethics, and habeas corpus, is a firm believer in mentoring and being mentored. Indiana attorney Marissa Bracke is one of many former students who have received Dooleys care and guidance. Professor Dooley asked for my opinions and ideas, and she listened intently when I offered ideas of my own, Bracke recalls. If Laura Dooley, a recognized expert in her field, was interested in my analysis of researchwell, I must be doing something right! I came to refer to that as The Dooley Effect. Bracke says that as a young associate, she successfully presented her work to a senior partner by remembering her interactions with her esteemed professor. I recalled my conversations with Professor Dooley, and I presented my research findings and strategy suggestions to the partner, imagining I was presenting them to Professor Dooley, says Bracke. I reassured myself by remembering her words: I believe you can handle this. Another former student, Anne Abrell, says she anticipates that Dooley will be a lifelong mentor: Laura Dooley is one of those remarkable teachers who can make even the most complex subject matter understandable and who also happens to be a kind, generous friend whose opinions of both the legal world and myself I can rely on.
AT THE HEART OF
enormously proud to have played a small role along the way. Dooley attended the University of Arkansas, receiving degrees in English and piano. The analytical aspects of her English degree combined with the discipline needed to study music would serve her well at Washington University, as she expanded her intellectual pursuits to the study of law. I really loved the intellectual side of the law and was thrilled by the idea of being an academic. At Washington University, professors like Susan Appleton, John Drobak, and the late Frank Miller were my mentors. They inspired me to serve as mentors for others. After graduating as a member of the Order of the Coif, Dooley clerked for two federal judgesDistrict Judge John Oliver in Kansas City and then Judge Pasco Bowman of the U.S. Court of Appeals for the Eighth Circuit. She joined Valparaisos law faculty in 1990 and served as a Swygert Teaching Fellow from 200406. While Dooley has published extensively on a variety of topics, a Christmas visit with her family in 1991 started the work that would first give her national renown. Her brother, Dr. Robert Gaston, a physician who works at the University of Alabama, began to express his concern over the complex, bureaucratic system for determining who receives organ transplantsespecially kidneys. In particular, the formula used to determine eligibility led to a shortage of kidneys for African-American patients.
INTRIGUED, DOOLEY DISCUSSED
the Dooley Effect is Dooleys longtime commitment to mentoring, drawn in large part from the mentoring she received as a student at Washington University. One of the major influences in her career choice was Susan Appleton, the Lemma Barkeloo & Phoebe Couzins Professor of Law, from whom she took Conflict of Laws and Family Law. I was in awe of Professor Appleton. She taught me the importance of being a role model. She had a gift for teaching in a way that made you feel that your ideas matter, Dooley says. She also encouraged my intellectual development and challenged me to reach as high as I could. Appleton recalls that the would-be law professor impressed her on two levels. First, she always understood exactly what I was asking in class, even though the question usually did not have only one answer, Appleton says. Second, I found Lauras level of engagement amazing. She really seemed to love every minute of studying, attending class, and participating in conversations about the law. Im not surprised at all that she has become a terrific teacher and a scholar whose work shows such creativity and insight. Im
the issue with a friend and Yale economist, Ian Ayres. Together, Dooley, Ayres, and Gaston wrote an article titled Unequal Racial Access to Kidney Transplantation. Published in The Journal of the American Medical Association, the paper helped prompt reforms in the allocation system. The point was that there were racial inequalities built into the systemnot that anyone was trying to be racist, Dooley says. The article proposed a more appropriate ethical and clinical balance to kidney allocation. A member of the American Law Institute, her main research interest now is in juries and the composition of juries relative to their powera phenomenon she has termed the dilution effect. When juries were made up largely by white men, they had a lot of power. But today, juries are more diverse because there is an effort for them to represent a cross-section of the community. Ironically, that has resulted in weaker juries. Recognized for her excellence in teaching and scholarship, Dooley recently was named a Michael and Dianne Swygert Fellow at Valparaiso. In 2007, she received the Jack A. Hiller Distinguished Faculty Award, which recognizes an exceptional teacher, scholar, and role modelsomeone who imparts The Dooley Effect. ||||
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[Alumni Profile]
Improving the Landscape

Real Estate and Development Law are Attorneys Passion
Over the last two decades, Jonathan B. Rosenbloom, JD 76, has worked on just about every kind of real estate project, from hotels and condos to sports facilities and waterfront redevelopments. His biggest projects have become landmarks in New York City, where he is based in the midtown office of Cozen OConnor.
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AW ALUMNUS JONATHAN B. ROSENBLOOMS
latest big project, a golf resort outside San Antonio, touched on a personal passion and drew the Eastern lawyer into a new area of development law. That was a complicated transaction with many, many parties involved, Rosenbloom says. Im a lifelong golfer, but I had never had any professional involvement with the development side of the game. Before a construction loan of about $320 million could close last year, the developers had to meet the exacting requirements of the PGA Tour for two professional-level golf courses. Tour agronomists focused on a requirement that concerns waterbut not so much the quantity, as might be expected in parched Texas. They were concerned about the quality of the water, he says. The chemical makeup of the well water beneath the site, the Tours experts determined, wasnt ideal for growing turf grass.
by Kenneth J. Cooper, AB 77
Ironically, one of the law school courses most directly useful to me over the years was one I took almost as an afterthought. JONATHAN ROSENBLOOM
Consequently, the developers had to drill several wells into a regulated aquifer nearby on property they didnt own. They had to acquire land for the wellheads and, separately, the legal right to withdraw water from the aquifer. I spent weeks on the phone with water lawyers in Texas, being educated about the nuances of this secondary market for Edwards Aquifer water rights, says Rosenbloom, whose group represented the syndicate of banks that provided the financing. When a major development is built from scratch, a multiplicity of legal issues can arise. Many spring from government regulation of land use, including environmental laws, Rosenbloom says. In urban areas, zoning may come into play. Then there are roles for lawyers in creating a projects ownership and capital structure, negotiating the terms of equity and debt financing and apportioning the rights, responsibilities, and liabilities of the various participants in the construction and management of the project. In those circumstances, he says, It can get very lawyerintensive. graduating from law school was quite different. He was recruited by the State Attorney Generals Office in New York, assigned to its Special Prosecutor for Nursing Homes and Health Services, the nations first office devoted to prosecuting fraud in the Medicaid program. For almost nine years, he directed grand jury investigations of financial fraud committed by hospitals, nursing homes, pharmacies, and freestanding clinics that provided health services through the statefederal program for the poor. New Yorks office became the model for the Medicaid Fraud Control Units created under a 1977 federal law. His next job was also in government, as senior counsel at the New York State Urban Development Corporation, popularly known as UDC then and now renamed Empire State Development. Why does a lawyer leap from prosecuting Medicaid fraud to fostering economic development? Many prosecutions he directed grew out of fraudulent acts a decade old, giving Rosenbloom a feeling I was mired in the past. I was wanting to do something more present- and future-oriented. He was living in Manhattan, where real estate issues constantly affect residents in one way or another. His activism in local Democratic politics sealed the job in the administration of charismatic Governor Mario Cuomo. Rosenbloom stayed nine years working on projects all over the state of New York and, for a time, was UDCs legislative liaison in Albany, the state capital. It was really the most enjoyable part of my career, he says. The projects I worked on were some of the largest in New York at the time. I dealt on a daily basis with some of the states most sophisticated developers and prominent law firms.
ROSENBLOOMS FIRST JOB after
One project was the Hudson River Park. Still under construction, its jogging and bike trails, people and dog parks, and recycled piers stretch along five miles on the west side of Manhattan. Its the largest open space created in New York City since Central Park, he notes. It absolutely transformed the Hudson River waterfront from industrial and transportation uses into a park completely accessible to the public. Rosenbloom provided legal advice on the Parks initial concept planning and environmental review and negotiated the lease for the Chelsea Piers athletic complex privately developed on the State-owned site. Another big project was Queens West along the East River in the Hunters Point section of the borough. The former rail yard and derelict industrial zone is now the site of apartment buildings, parks, a school, and a library. It was one of the first important conversions of brownfields in New York City. To make the site feasible for residential development, UDC developed an unprecedented plan to test and remediate pre-existing contamination on the site, with Rosenbloom hammering out the plans details with the states Department of Environmental Conservation. Rosenbloom also negotiated initial ground leases and advised on that initiatives master plan and environmental review as well.
OTHER ENVIRONMENTAL ISSUES figured in the planning for the Hudson River Park, which evolved from the controversial Westway highway project, years earlier. Working on both projects, as well as on other brownfield sites, Rosenbloom appreciates having taken a pioneering course in environmental law taught by Daniel R. Mandelker, the Howard A. Stamper Professor of Law. Ironically, one of the law school courses most directly useful to me over the years was one I took almost as an afterthought, says Rosenbloom. Moving to the private sector in 1995, Rosenbloom joined the Fischbein Badillo firm in New York as a partner in its real estate and government relations group. While there, representing international lenders on large commercial mortgage transactions gradually became the primary focus of his practice. In 2005 Rosenbloom, along with other Fischbein Badillo colleagues, became a Senior Member of Cozen OConnor, which has approximately 500 lawyers in the United States, United Kingdom, and Canada. Of the many projects he has worked on, Rosenbloom says he is most proud of the two big ones that literally changed the skyline and landscape of New York City. Either Queens West or the park, he replies. They both involved reuse of former commercial or industrial property, both were joint ventures between the State and the City, and both created spectacular public waterfront open spaces that will be enjoyed by generations of New Yorkers to come. ||||
JENNIFER WEISBORD PHOTOS
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[On Campus]
Construction crews worked feverishly during summer 2008 to renovate Anheuser-Busch Hall and to complete the new Harry and Susan Seigle Hall, which the law school is sharing with Arts & Sciences. The projects are designed to enhance the law schools sense of community and collaboration, while creating well-functioning, vibrant spaces.
Construction Completed
Projects Create Exceptional Facilities
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by Ann Nicholson
TOGETHER SEIGLE HALL AND ANHEUSER-BUSCH HALL
BILL MATHEWS PHOTO
will comprise one of the very best law school campuses in the United States, says Kent Syverud, dean and the Ethan A.H. Shepley University Professor. I encourage all alumni and friends of the school to come see these exciting spacesand the lively intellectual and professional activity going on inside them. In celebration of its completion, Seigle Hall will be officially dedicated at 4 p.m. on September 25. The new building, which is located just southwest of Anheuser-Busch Hall, is Renovations included installation of a canopy over Anheuser-Busch Halls Crowder Courtyard. providing the law school with much needed addiwonderful to have the installation go commons; additional group study tional space. This includes two 45-seat so smoothly. rooms and faculty offices; a new classrooms, one 67-seat classroom, Other improvements include new main entrance on the first floor; and two seminar rooms, and space for stuplasma screens listing events scheduled enhanced spaces for Clinical Education, dent organizations, student journals, in the building and smaller digital room Student Services, Career Services, and and international and LLM programs. signs providing specific information Computing/Audiovisual/Web Services. The Whitney R. Harris World Law for each room. One of the most striking portions Institute, named in honor of Harris, With the opening of Seigle Hall and of the renovation project was using a a philanthropist and former Nuremberg the removal of parking on the south side 197-foot-tall, 550-ton-capacity hoisting prosecutor, and the Center for Interdisof Anheuser-Busch Hall, the main entry crane to install the massive steel canopy ciplinary Studies now occupy a suite to Anheuser-Busch Hall is now the north structure over the Crowder Courtyard. on the first floor. The Center for door on the first floor. This hallway was The canopy was then fitted with fritted Empirical Research in the Law is on redesigned to provide for a more inviting glass to fully enclose the previously the second floor. entrance, including a foyer area. Landopen-air internal space. Since the opening of Anheuserscaping features, such as shrubs, flowers, Crews used the largest crane in Busch Hall in 1997, the student body, and benches, also enhance the approach Missouri to carefully and precisely lift faculty, and staff have increased by to this main entrance. the steel canopy up two stories over approximately 50 percent. In addition Additional landscaping is creating a Anheuser-Busch Hall, says Patricia to the expansion into Seigle Hall, the visual connection between AnheuserRolfe, facilities manager. Each of the renovation of Anheuser-Busch Hall Busch Hall and Seigle Hall. Together two 30-ton pieces was lifted separately is providing the law school with the the two facilities have been designed and seemed to float almost effortlessly necessary facilities to meet its needs. to provide the physical environment over the law school before being secured Improvements to Anheuser-Busch needed to support first-class legal in place. Although just one piece of Hall include the new glass canopy education and faculty scholarship. |||| the overall construction project, it was covering the third-floor Crowder Courtyard, creating a larger student
(left) Harry and Susan Seigle Hall
DAVID KILPER PHOTO
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Innovative Approaches to International Law

Washington University Law is expanding into the global legal environment by developing firstever partnerships and initiatives, deepening overseas opportunities for students, broadening faculty scholarship, adding course offerings, and fostering meaningful discussion of contemporary legal issues.
(above) Marguerite Roy, JD 07, disembarks in Afghanistan during her work as head of office for the United Nations Assistance Mission in Afghanistan (UNAMA) in Mazar-e-Sharif. (left) Whitney R. Harris, right, presents Justice Richard J. Goldstone with the Harris Institutes 2008 World Peace Through Law Award at the Harris Institute rededication in January 2008.
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by Janet Edwards
RAWING FROM THE PASSION AND INITIATIVES OF KEY FACULTY AND ADMINISTRATORS,
Washington University Laws International Programs are reaching beyond traditional borders. Washington University Law has become very entrepreneurial in international and comparative law, says Kent Syverud, dean and the Ethan A.H. Shepley University Professor. Our professors and administrators have innoHarris Institute benefactors and leaders cut the ribbon at the January 2008 rededication of the Whitney R. Harris World Law Institute. From left, Justice Richard Goldstone, Dean Kent vative ideas for students, research, and Syverud, Anna and Whitney Harris, Institute Executive Director Michael Peil, Institute Director serviceand they have the wherewithal Leila Nadya Sadat, Professor Stephen Legomsky, and Professor John Haley. to implement them. In the last two years alone, the law widely on international criminal law and We have a strong foreign affairs perschool has hired a new assistant dean for human rights topics. She is one of many spective at the law school. Our students international programs, recruited several key faculty members stressing that the are in more countries and doing more outstanding international law faculty, study of international law is not only relwork as a result of our faculty interests launched a first-of-its-kind Transnational evant, but essential. and expertise, she says. Sadats own Law Program, greatly expanded offerings of the Whitney R. Harris World Law Institute, augmented its international student (left) Sitting, from left: former Dean John Morison, Queens externships, and won two University Belfast; Dean Adriaan world championships and Dorresteijn, Utrecht University; several other high-profile and Dean Kent Syverud sign the Memorandum of Understanding student competitions. creating the Transnational Law A key component of Program. Standing: Assistant the international programs Dean Michael Peil is the law schools Harris Institute, which sponsors academic programs on important legal topics of the day, as well as student training and fellowships. Leila Nadya Sadat, the Henry H. Oberschelp Professor of Law, was named the institutes third director in fall 2007. A natural Transnational Law Program for the directorship, summit participants outside the Utrecht University Faculty Club Sadat has championed the cause of the International Criminal Court Participants in the 2007 Summer Institute for Global Justice stand in front of (ICC) since the late the Peace Palace in The Hague after meetings with Judge Thomas Buergenthal 1990s and has published of the International Court of Justice and representatives of the Permanent
Court of Arbitration.
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Michele Shoresman, associate dean for graduate degree programs, left, meets with Fulbright Scholars Nadine Germanos, a judge from Lebanon, right, and Sophia Espinoza Coloma, an intellectual property lawyer from Ecuador. Coloma is also a JSD student this fall conducting research on the protection of traditional knowledge.
experience has opened the door each year for many students to visit The Hague and witness firsthand the inner workings of the ICC, International Criminal Tribunal for the Former Yugoslavia, and International Court of Justice.
Faculty and Administrative Expertise

The global view taking shape at the law school traces its roots back decades to pioneering professors who followed their academic passions in international law. The late William C. Jones, the Charles F. Nagel Professor Emeritus of International and Comparative Law, traveled to China to study Chinese law. His translation of the great Qing Code is now required reading for Chinese law specialists. Likewise, the late Gray Dorsey, the Charles F. Nagel Professor Emeritus of Jurisprudence and International Law, was one of the first to teach and research in the areas of international law, comparative jurisprudence, and jurisculture. The law school has since expanded to include other standouts, including comparative and international law
professors: Frances Foster (Chinese inheritance law and socialist and former socialist legal systems), John O. Haley (Japanese law), Stephen Legomsky (international immigration and refugee law), Charles McManis (international intellectual property law), and Stanley L. Paulson (European legal philosophy). Additionally, A. Peter Mutharika, who specializes in international investment law, currently is on leave serving as a chief advisor to Malawis president (see page 27). Recent hires Gerrit De Geest (comparative law and law and economics), David Law (comparative public law), Carl Minzner (Chinese law), Adam Rosenzweig (international tax), and Melissa Waters (foreign relations and human rights law) are further deepening faculty expertise. These and other fac-
ulty are publishing international law books and articles, advising foreign governments and organizations, and teaching and conducting research around the world. The Global Studies Law Review also supports scholarship on current international law issues. Additionally, Michele Shoresman, associate dean for graduate degree programs, has spent the last decade building the schools LLM Program in U.S. Law for foreign law students, the Intellectual Property and Technology Law LLM, and the JSD program. Michael Peil, assistant dean for international programs, was hired in 2006 to further enhance international and comparative law offerings. The heavy emphasis on learning international law in-depth is one of the great strengths of the law school, says Luke A. McLaurin, JD 07, who
Each year, the law school sponsors lectures and conferences on a variety of international issues. Recent presenters have included, from left: J. Mark Ramseyer, Mitsubishi Professor of Japanese Legal Studies, Harvard University; Patricia Visseur-Sellers, former legal advisor for
Gender-Related Crimes, Office of the Prosecutor of the International Criminal Tribunal for the Former Yugoslavia; and M. Cherif Bassiouni, distinguished research professor and president emeritus of the International Human Rights Law Institute, DePaul University College of Law.
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Barbara Burdette, JD 08, and Kathryn Wendel, JD 08, discuss international humanitarian law with local high school students as part of a Harris Institute program, co-sponsored by the St. Louis Chapter of the American Red Cross.
Summer 2008 South African interns, from left: Kathryn Cox, Michael Foley, Lindsey Goldstein, Andrea Freiberger, Laura Najemy, and Anna Dray-Siegel
was a member of the award-winning Philip C. Jessup International Law Moot Court team. You dont just learn rules and cases. You gain an understanding of what international law is all about, adds McLaurin, who worked for Debevoise Plimpton LLP as a summer associate. After graduation, he clerked for Judge Eric L. Clay of the U.S. Court of Appeals for the Sixth Circuit and is now a trial attorney in the Civil Rights Division of the U.S. Department of Justice in Washington, D.C.
Summer School Abroad and Transnational Law Programs

The law school started a premier summer school abroad program in 2005, based at Utrecht University in the Netherlands. The popular Summer Institute for Global Justice is a six-week intensive program focusing on international and comparative law. More than 40 students from the United States and Europe attend courses taught by renowned scholars and jurists. Building upon the relationship with Utrecht University, the innovative Transnational Law Program (TLP) is welcoming its first class of students
in fall 2008. The combined four-year JD and LLM degree program is being offered in association with four distinguished European institutions: Utrecht University, Queens University in Belfast, Italys University of Trento, and Catholic University of Portugal. This is the first and only program of its kind in the world, says Dorsey D. Ellis, Jr., the William R. Orthwein Distinguished Professor of Law Emeritus, dean emeritus, and chairman of the TLPs faculty steering committee. The fully integrated educational experience will be more than getting a JD here and an LLM in Europe. Students will acquire a multilegal ability to think in the law of both Europe and the United States. In addition to a targeted, integrated curriculum, the TLP offers students internships with U.S. and European corporations, law firms, courts, enforcement and administrative agencies, and nongovernmental organizations.
Karen Tokarz, the Charles Nagel Professor of Public Interest Law and Public Service and professor of African & African American Studies, has worked with students in Africa since 2001. Tokarz, along with Kim Norwood, professor of law and of African & African American Studies, has coordinated summer internships for more than 60 students through the Africa Public Interest Law & Conflict Resolution Initiative. C.J. Larkin, senior lecturer and administrative director of the Alternative Dispute Resolution Program, has been similarly overseeing student placements in Southeast Asia. Working with the worlds poorest citizens in places such as South Africa, Kenya, Ghana, Nepal, India, Thailand, and Cambodia, students are involved in civil rights advocacy, urban renewal, AIDS education, and dispute resolution, among other important issues. We have core faculty championing each program and sharing their passion with students, Tokarz says.
International Public Service Initiatives

Building on their individual expertise, faculty members have undertaken many exciting initiatives that involve students in public advocacy around the world.
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Whitney R. Harris World Law Institute Events

Following on the success of a major conference last year to celebrate the 60th anniversary of the Nuremberg
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The 2008 Washington University Law representatives to the Philip C. Jessup International Law Moot Court Competition, from left: team coach Gilbert Sison, JD 00, adjunct professor; Erin Griebel, JD 09; Shibani Shah, JD 09; Ashley Walker, JD 08; Jessica Cusick, JD 09; Rebecca Feldmann, JD 08; and faculty advisor Leila Nadya Sadat, the Henry H. Oberschelp Professor of Law
Judgment, the law school again plans to convene scholars, practitioners, politicians, and diplomats in a two-year Crimes Against Humanity project. Beginning in April 2009, many of the leading lights in international law will meet to present and discuss papers to inform the drafting of a worldwide treaty on crimes against humanity, says Sadat, who is chairing the project steering committee. This is the largest initiative the Harris Institute has ever undertaken and is something most law schools would not even consider initiating. Also in the coming year, a major Climate Change Colloquium is in the planning stages, while other workshops and roundtables are slated to address current issues and academic research in international and comparative law.
Moot Court Competitions

Under the leadership of Sadat, the law schools international moot court program has become one of the most successful in the world.
Its record in the Jessup International Law Moot Court Competition, the largest and most prestigious international competition in the world, is second only to Harvard during the past 10 years. Two-time International Rounds oralist and St. Louis attorney Gilbert Sison, JD 00, brings invaluable expertise as the teams coach. The law school won championships this year in the Jessup Competition, the Niagara International Moot Court Competition, and the D.M. Harish Memorial International Moot Court Competition in India. This was a very successful moot court year; our list of awards is quite impressive, Peil says. Moot court success indicates two things about the law school. First, it means we have a breadth and depth of international law that goes beyond just memorizing facts from a book. Second, we have a terrific clinical and practicetraining program, including specialized training with Adjunct Professor Gilbert Sison. This year, Washington University and Cornell
University were the first American law schools to compete in the Harish competition, held in Mumbai, India. Samir Kaushik, JD 08, and Andrew Nash, JD 08, won the competition. It was an honor to represent the law school in India, says Kaushik, now an associate in the Dallas office of Jones Day. I learned a tremendous amount of substantive international law while also improving my advocacy skills. After the competition, Kaushik and Nash spent an additional week meeting with lawyers, law professors, and law students in Mumbai and Delhi. Everywhere we went people were excited about the idea of working more closely with Americans and U.S.-trained lawyers, says Nash, now a clerk for Judge Duane Benton of the U.S. Court of Appeals for the Eighth Circuit.
MARY BUTKUS PHOTO
The Future is Now

Graduates who have experienced the electricity of Washington University Laws international programs avidly support its leap into the next generation of law practice. Marguerite Roy, JD 07, is putting her international law training to work. As a student, she was a Jessup team member, participated in the law schools Summer Institute for Global Justice in Utrecht, and enrolled in numerous international law courses. Now she serves as head of office for the United Nations Assistance Mission in Afghanistan. Through the international law programs, I gained an understanding of the body of law that forms the basis of the work I do with the United Nations in Afghanistan, she says. The most important feature of my education was that this knowledge was directly acquired from faculty who are experts in their field. Regardless of whether or not you plan to practice international law, in the global society in which we live, it is in your best interest, and that of your future firm or organization, to familiarize yourself with international law. ||||
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Thomas Schweich of the U.N. Serving as Ambassador-in-Residence
HOMAS A. SCHWEICH, SPECIAL REPRESENTATIVE OF THE U.N.S OFFICE OF DRUGS AND CRIME, HAS JOINED THE LAW SCHOOL AS AN AMBASSADOR-IN-RESIDENCE IN 200809.
Thomas A. Schweich Ambassador-in-Residence and Special Representative, United Nations Office of Drugs and Crime
Administered by the Whitney R. Harris World Law Institute, the Ambassadors Program invites diplomatic professionals to the law school to share their experiences and knowledge with the law school and the Washington University community.
The purpose of the program is to bring the real-life experience of some of our top diplomats directly into the classroom experience of our students, says Leila Nadya Sadat, the Henry H. Oberschelp Professor of Law and Harris Institute director. Through the Harris Institute Ambassadors Program, our students are able to complement their training in international law with a practical foreign-policy perspective, thereby enriching their knowledge and practice of both international law and foreign relations. In 200708, the law school invited Ambassador Carla A. Hills, former United States Trade Representative, to deliver the Tyrrell Williams Lecture. In her talk on Trade and the 2008 Elections, Hills stressed that adherence to a set of trade rules encourages transparency, rule of law, and respect for property, which encourages stability. Hills believes that a lack of understanding contributes to the declining support for trade. She called on businesses, universities, think tanks, and knowledgeable citizens to help educate Americans about globalization. In addition to serving as Washington University Laws Ambassador-in-Residence in 200809, Schweich is working as Special Representative of the Director-General of the United Nations Office on Drugs and Crime (UNODC). He is promoting the UNODCs work in Mexico, Central America, and the Caribbean. Third-year law students Daniel Tierney and Laura Crane have been selected to intern with Schweich.
Carla A. Hills Former United States Trade Representative
They will aid him in preparing forand accompany Schweich tomeetings with senior diplomats, politicians, and law enforcement officers in the region. They also will assist in preparation of his reports to the UNODC Director-General and other stakeholders. Previously, Schweich was Coordinator for Counternarcotics and Justice Reform in Afghanistan and the State Departments principal deputy assistant secretary (PDAS) for the Bureau of International Narcotics and Law Enforcement Affairs (INL). He was also chief of staff to the U.S. Mission to the U.N. In conjunction with his role as Ambassador-in-Residence at the law school, Schweich is serving as a visiting professor and is teaching several courses. He also is of counsel at Bryan Cave LLP. |||| by Ann Nicholson
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[Faculty Profile]
by Ann Nicholson
Ellis Era
Distinguished Professor and Former Dean Honored
HE LAW SCHOOL CELEBRATED the more than two decades of service of Dorsey D. Ellis, Jr. at a dinner in his honor on April 5, 2008. Ellis assumed emeritus status as of July 1, 2008. Now dean emeritus and the William R. Orthwein Distinguished Professor of Law Emeritus, he will continue to teach one course a year and is serving as chair of the faculty advisory committee for the new Transnational Law Program (TLP). Among his achievements during his tenure as dean from 1987 to 1998, Ellis is credited with galvanizing support for and overseeing the building of AnheuserBusch Hall, recruiting many talented faculty members, strengthening the student body, expanding the curriculum, and forging new and stronger ties with alumni. Following his deanship, Ellis returned to teaching full time; furthering his scholarship in the areas of torts and antitrust; lending his expertise to numerous professional and legal education initiatives; and helping to bolster new international endeavors at the law school, including the launching of the TLP. Toasting Elliss many accomplishments were Chancellor Mark S. Wrighton; Dean Kent Syverud, the Ethan A.H. Shepley University Professor; Thomas Lowther, JD 62, partner at the Stolar Partnership and a member of the National Council; Leila Nadya Sadat, the Henry H. Oberschelp Professor of Law and director of the Whitney R. Harris World Law Institute; Gerald Gibson, president of Maryville College (where Ellis received his undergraduate degree and serves as chairman of the board of directors); and Mark W. Smith, JD 86, University assistant vice chancellor and director of career planning and placement (who worked for Ellis in student and career services). ||||
Dorsey D. Ellis, Jr. and wife, Sondra
Mark Smith, JD 86
Thomas Lowther, JD 62
Professor Ellis with Christian Peper, JD 35, and his wife, Barbara
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MARY BUTKUS PHOTOS
[Faculty Profile]
by Ann Nicholson
Law in Japan
Conference Pays Tribute to Scholarship of Professor Haley
ROFESSOR JOHN OWEN HALEYS more than four decades of pioneering work in the fields of Japanese law and comparative law was the inspiration for a two-day conference hosted by Washington University Laws Whitney R. Harris World Law Institute in May 2008. Law in Japan: A Celebration of the Work of John Owen Haley brought together leading scholars who presented both on Haleys groundbreaking contributions and on various current aspects of Japanese law. As part of the conference celebration, Kent Syverud, dean and the Ethan A.H. Shepley University Professor, announced that Haley, then the Wiley B. Rutledge Professor of Law, was named the William R. Orthwein Distinguished Professor of Law. Haley is widely credited with having popularized Japanese legal studies in the American academy. A former director of the Harris Institute, Haleys earlier career path included private practice in Japan. He also taught at the University of Washington for more than a quarter century, having served as associate dean of its law school, director of the Asian Law Program, and director of the Henry M. Jackson School of International Studies. Haleys many scholarly works span issues ranging from international trade policy and comparative law to Japanese land use law, Japanese and East Asian business transactions, and Japanese law and contemporary society. A member of the American Law Institute, he is the author or editor of nine books or monographs. His current scholarship includes continued work on issues of restorative justice, as well as a book on the evolution of modes of law enforcement. Highlights of the conference included welcoming remarks by Dean Syverud; opening remarks by Leila Nadya Sadat, the Henry H. Oberschelp
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Professor John Owen Haley
Professor of Law and Harris Institute director; a luncheon tribute by J. Mark Ramseyer (Harvard) on John Haley and the Growth of Japanese Law as a Scholarly Field in the United States; and four panel presentations by leading scholars in the field, such as honorary co-chairs Ramseyer, Curtis Milhaupt (Columbia), and Mark D. West (University of Michigan). Paper topics ranged from Japanese regulation of blowfish to the changing role of lawyers in business, corporate regulation, and governance; and from restrictions on political activism of Japanese judges to the complex problem of medical malpractice in Japan. Many papers also paid tribute to the contributions of Haley to the study of Japanese law in the United States. The papers will be published in an upcoming issue of the Global Studies Law Review. Judge Hisashi Owada, International Court of Justice in The Hague, delivered the conferences keynote address at a dinner reception, where Syverud, Sadat, and Nuremberg prosecutor and philanthropist Whitney R. Harris also spoke. Judge Owada discussed The Rule of Law in a Globalizing World, including his observations on the transition from a process-focused approach to law centered on the state to an end-oriented approach that focuses on individuals and human rights protections across international borders. ||||
Judge Hisashi Owada delivers the conference keynote address.
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[Faculty Profile]
by Sam Guzik
Tokarz Awarded Public Service Professorship
ECENTLY NAMED TO THE UNIVERSITYS FIRST ENDOWED PROFESSORSHIP IN PUBLIC
SERVICE, Professor Karen Tokarz has had a lifelong commitment to public interest law and public service. If we law faculty do our job, our students learn that lawyering is a profession that, when truest to its core, couples intellect with compassion, conviction with civility, and advocacy with integrity, Tokarz says. They also learn that great lawyering requires civic engagement and public service. Tokarz was installed as the Charles Nagel Professor of Public Interest Law and Public Service on April 1, 2008. In her new position, she will continue to teach the Civil Rights & Community Justice Clinic and dispute resolution courses, coordinate the schools Public Interest Law & Policy Speakers Series, and serve as a faculty advisor for the Journal of Law & Policy. She will focus her energies on building the law schools Alternative Dispute Resolution Program and Africa Public Interest Law & Public Service Initiative. I would like to congratulate Karen as the inaugural holder of this new public service chair and for her more than 25 years of directing our schools award-winning Clinical Education Program, Kent Syverud, dean and the Ethan A.H. Shepley University Professor, said at the inauguration ceremony. Karen has inspired countless students and colleagues through her teaching; her activism; her scholarship; her generosity in assisting others; and her unique ability to build institutions and coalitions within the law school, the University, and the community. Through her teaching, scholarship, and civic involvement, Tokarz has worked to expose law students to the challenges and rewards of representing clients and to the responsibilities of lawyers to address injustice in society. In clinical courses, law students see firsthand the impact they can have on peoples lives and come to understand the power of the law and the privilege of lawyering, Tokarz explains. They begin to see the many ways they can contribute to society. For more than two decades, Tokarz was the director of the law schools Clinical Education Program, which provides law students with opportunities to learn professional skills and valuesworking in the real world with low-income clients, nonprofits, public interest attorneys, judges, and legislators. During her tenure as director, she helped grow the faculty and cirriculum in the Clinical Education Program, propel the program to top 10 national rankings, and establish the law school as a global leader in clinical legal education.
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Dean Kent Syverud, left, and Chancellor Mark Wrighton congratulate Karen Tokarz on her new professorship.
While on sabbatical in 200809, Tokarz will be serving as a visiting scholar at the Harvard Law School Program on Negotiation and as a Fulbright Senior Specialist for South Africa. In the Fulbright position, she will visit the University of KwaZulu-Natal (UKZN) in Durban, South Africa, to assist in the development of their dispute resolution masters program. Tokarzs work with the Fulbright program is the continuation of close cooperation with the UKZN law faculty. She spent a semester consulting with their Clinical Program in 2001. South Africa is a wonderfully rich environment for law students to study an emerging democracy and an emerging economy, Tokarz says. They see constitutional law development at a nascent stage and learn to compare and contrast the strengths and weaknesses of another legal system with our own. Several years ago, Tokarz initiated an exchange program for law students between Washington University and UKZN, which to date has involved seven law students studying at UKZN and two UKZN law students studying here, all under the close supervision of experienced and expert faculty. Each summer since 2002, she has coordinated 10-week internships for a team of six to eight law students with the Legal Aid Board of South Africa and other public interest law offices in South Africa. Tokarzs public service professorship was made possible through the estate of Daniel Noyes Kirby, LLB 1888. He was a member of the Washington University Corporation (the predecessor to the Board of Trustees), lecturer in the Universitys Law Department (the predecessor to the law school), and a prominent St. Louis lawyer during his 57 years in practice. The professorship is named for Kirbys law partner, Charles Nagel, LLB 1872. Nagel was a member of Washington Universitys Board of Directors and part-time lecturer on constitutional law and medical jurisprudence. ||||
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[Faculty Profile]
by Ann Nicholson
Mutharika Advising Malawis President, Named to Professorship
S PART OF HIS CONTINUING EFFORTS TO SERVE HIS NATIVE COUNTRY,
A. Peter Mutharika, professor of law, has assumed the role of Malawis Chief Advisor to the President on Constitutional, Legal, and International Affairs. Mutharika currently is on leave in Malawi for the 200708 and 200809 academic years. Upon his return, he will serve as Washington University Laws Charles Nagel Professor of International and Comparative Law. The professorship is named for Nagel, LLB 1872, who was United States Secretary of Commerce and Labor under President Taft, a member of the Missouri House of Representatives, a member of Washington Universitys Board of Directors, and a part-time law lecturer. The estate of Nagels law partner, Daniel Noyes Kirby, LLB 1888, made the professorship possible. Peters international work, including in his native Malawi, is extraordinary, says Kent Syverud, dean and the Ethan A.H. Shepley University Professor. The chaired professorship recognizes his outstanding contributions to international law, as well as to the law school and Washington University communities. This is not the first time that Mutharika has served as advisor to his brother, who was elected to a five-year term as Malawis president in 2004. He also was the strategic advisor to Bingu wa Mutharikas presidential campaign. After the victory, Mutharika helped the president form a 19-member cabinet. In his current role, Mutharika is advising his brother on the constitutionality of the presidents decisions, constitutional reforms, and judicial appointments. He also acts as a special presidential envoy to other heads of state and heads of international organizations. During the first several months alone, I went on diplomatic missions to six countries on three continents, Mutharika said. What is challenging about the job is the fascinating interplay of law, politics, and diplomacy. We are doing our best, and Malawis efforts are now receiving international recognition. In addition to a front-page article in the New York Times, we have received accolades for sound economic management from the World Bank, the United Nations Food and Agriculture Organization, Kofi Annans Association for a Green Revolution in Agriculture, and the Economist Intelligence Unit.
The job gives me a oncein-a-lifetime opportunity to make a direct contribution to our country and to sometimes see the results directly, he continues. Here everything is a priority, but we have priorities within priorities. The main issues facing Malawi are issues of food security, which we have now accomplished; better health for our people; better opportunities for education; infrastructural development; and better access to clean water by more people. While in Malawi, Mutharika also is serving as the Advisor to the American Bar Associations Rule of Law Initiative for Africa. The initiative is a public service project dedicated to promoting the rule of law around the world as the most effective long-term antidote to the pressing problems facing the world community today, including poverty, economic stagnation, and conflict. Additionally, he is chairing the Institute for Democracy and Policy Studies, a newly established think tank designed to enhance Malawis democracy and state capacity. An expert on international economic law, international law, and comparative constitutional law, Mutharika is the author of numerous books and articles. His forthcoming book on international trade, Foreign Investment Security in SubSaharan Africa: The Emerging Policy and Legal Frameworks, is scheduled to be released soon by Martinus Nijhoff Publishers (Leiden, Netherlands). This book describes the efforts by the 48 Sub-Saharan African countries to create conditions that will make foreign direct investment attractive to the region. Mutharika notes that, despite rates of return on foreign direct investment that have averaged between 25 and 30 percent over the past several years, the African region has not managed to attract more than 3 percent of global foreign direct investment. According to Mutharika, the inability to attract significant foreign private capital has created economies that are too dependent on foreign aid. Among his other professional activities, Mutharika continues his work as a member of the Panel of Arbitrators and Panel of Conciliators for the International Centre for Settlement of Investment Disputes. ||||
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[ Faculty Notes ]
Susan Frelich Appleton Lemma Barkeloo & Phoebe Couzins Professor of Law Susan Appletons recent publications include 2007 and 2008 supplements to her casebook, Modern Family Law: Cases and Materials (with D. Kelly Weisberg), and two articles: Gender, Abortion, and Travel after Roes End in the Saint Louis University Law Journal and Power Couples: Lawmakers, Lobbyists, and the State of their Unions (with Robyn M. Rimmer) in the Washington University Journal of Law & Policy. Appleton spoke at the 30th Congress of the International Academy of Law & Mental Health in Padua, the Annual Meeting of the Law & Society Association in Berlin, the Annual Meeting of the AALS in New York, the Inaugural Annual Midwest Family Law Conference in Indianapolis, and the U.S. Law School Initiative at the Center for Reproductive Rights in New York. She delivered the Sidney & Walter Siben Distinguished Professorship Lecture at Hofstra University School of Law. Appleton continues to serve as secretary of the American Law Institute and as a member of the ALIs Council. Samuel R. Bagenstos Professor of Law Samuel Bagenstos published articles on disability rights issues in Vanderbilt Law Review; Northwestern University Law Review; Harvard Law and Policy Review; and PENNumbra. His book, Disability Rights in Disarray: Law and the Contradictions of the Disability Rights Movement, Yale University Press, is forthcoming, and his article, Spending Clause Litigation in the Roberts Court, will appear in the Duke Law Journal. Bagenstos spoke at a number of academic conferences and continued his work as an appellate advocate. The Supreme Court granted certiorari in a case on which he had prepared the certiorari petition with the law schools Appellate Clinic and private counsel. Bagenstos also argued a case in the Eighth Circuit; filed briefs in the Sixth, Ninth, and Tenth Circuits; and testified before the U.S. Senate Committee on Health, Education, Labor, and Pensions in support of the Fair Pay Restoration Act. He also completed a one-year term as associate dean for faculty research and development. During 2008-09, Bagenstos will be on leave to serve as a visiting professor at the University of Michigan and UCLA Law Schools. David M. Becker Associate Dean for External Relations and Joseph H. Zumbalen Professor Emeritus of the Law of Property David Becker (with D. Gibberman) published the semiannual supplements to Legal Checklists in 2007 and 2008. His article, A Critical Look at Class Gifts and the Rule of Convenience, appeared in the Real Property, Probate and Trust Journal. Cheryl Block Professor of Law Cheryl Block is working on a project to address federal budget transparency and accountability issues surrounding the continued and growing use of earmarks by individual members of Congress. She published a chapter on Budget Gimmicks in Fiscal Challenges: An Interdisciplinary Approach to Budget Policy, Cambridge University Press. She also is working on articles related to taxation, privatization, and disaster relief; elected officials and budget rhetoric; and the administration of income tax laws. During 200708, she presented her scholarship at several workshops and conferences and continues to lecture on taxation for Barbri Bar Review. In the St. Louis community, Block reads on a weekly basis to underprivileged preschool children through the Ready Readers Program. Kathleen F. Brickey James Carr Professor of Criminal Jurisprudence Kathleen Brickeys new book, Environmental Crime: Law, Policy, Prosecution, Aspen, was published in summer 2008. It is the first law school text devoted exclusively to the study of environmental crime. Her latest article, From Boardroom to Courtroom to Newsroom: The Media and the Corporate Governance Scandals, was published in The Journal of Corporation Law. A chapterlength version of the article is forthcoming in the book, The New Corporate Governance, edited by Troy Paredes. Brickey also published the 200708 Supplement to her three-volume treatise, Corporate Criminal Liability. Samuel W. Buell Associate Professor of Law Samuel Buell recently published Criminal Procedure Within the Firm in Stanford Law Review and Reforming Punishment of Financial Reporting Fraud in Cardozo Law Review, as well as Purposes and Effects in Criminal Law in Virginia Law Review In Brief. His article The Upside of Overbreadth is forthcoming in New York University Law Review in October 2008. Buell also gave presentations at workshops at Washington University Law and Georgetown University Law Center. Kathleen Clark Professor of Law Kathleen Clark presented a paper on Government Lawyers and Confidentiality Norms at the Law and Society Conference in Berlin, and later published the article in the Washington University Law Review. An earlier article about the legal ethics implications of the Justice Departments August 2002 torture memorandum has been featured in two legal ethics casebooks. At the annual meeting of the AALS, Clark made presentations about congressional ethics and oversight, and the disproportionate impact of the militarys gay ban on women. At the ABAs National Conference on Professional Responsibility in Boston, Clark moderated a panel on Representing Unpopular Clients, and, at the AALS Mid-Year Conference on Constitutional Law in Cleveland, she presented a paper on Accountability Mechanisms and National Security Secrecy. Clark continues to serve on the Program Committee of the Universitys Center for the Study of Ethics & Human Values. Gerrit De Geest Professor of Law Gerrit De Geest published Soft Regulators, Tough Judges (with G. Dari-Mattiacci) in the Supreme Court Eco-
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Rebecca Dresser Daniel Noyes Kirby Professor of Law and Professor of Ethics in Medicine Rebecca Dressers writings on a variety of topics, including informed consent and abortion, apology laws and medical errors, dignity and seriously ill patients, and patient advocates in research were recently published in the George Washington University Law Review, Hastings Center Report, Human Dignity and Bioethics, and Oxford Textbook of Clinical Research Ethics. The second edition of her co-authored book, The Human Use of Animals: Case Studies in Ethical Choice, Oxford, also was published. She is the principal investigator for Bioethics and Cancer: When the Professional Becomes Personal, a grant project funded by the Greenwall Foundation; a member of the Working Group on The Ethical and Policy Implications of Attenuating Growth in Children with Profound Developmental Disabilities; and a member of the Presidents Council on Bioethics. She gave presentations at the American Society for Bioethics and Humanities Annual Meeting; Judicial Conference, Second Judicial Circuit of the United States; Cleveland Clinic; University of British Columbia; University of Pennsylvania; and Arizona State, Brown, George Washington, Indiana, and Missouri State universities.
Professor Katherine Goldwasser reviews a clemency petition with her research assistant Colin OBrien. Goldwasser served as acting director of the Civil Justice Clinic in 200708.
John N. Drobak George Alexander Madill Professor of Real Property & Equity Jurisprudence; Professor of Economics; and Director, Center for Interdisciplinary Studies John Drobak presented a paper on Cognitive Science and Judicial Decision-Making at the Annual Conference of the International Society of New Institutional Economics held in Reykjavik, Iceland. He also organized a symposium on Law and the New Institutional Economics to be published in an upcoming issue of the Washington University Journal of Law & Policy. Dorsey D. Ellis, Jr. Dean Emeritus and William R. Orthwein Distinguished Professor of Law Emeritus Dan Ellis assumed emeritus status in July 2008 (see page 24). The former dean will continue to teach one course a year and to serve as the chair of the faculty advisory committee for the new Transnational Law Program. He presented on New Directions in U.S. Antitrust Law: The Supreme Courts Recent Decisions at a conference at the University of Trento in spring 2008. During summer 2008, he and Kim Norwood shared in teaching Introduction to American Tort & Products Liability
Law, in Tokyo, Japan, at Aoyama Gakuin University. He also co-taught International and Comparative Antitrust Law at the Summer Institute for Global Justice, Utrecht. Barbara Flagg John S. Lehmann Research Professor (200809) Barbara Flagg presented a paper titled In Defense of Race Proportionality at Moritz College of Law, Ohio State University, in February 2008. The presentation was part of a symposium titled The School Desegregation Cases and the Uncertain Future of Racial Equality; the paper will be published in the Ohio State Law Journal. Frances H. Foster Edward T. Foote II Professor of Law Frances Foster continues her research and writing on inheritance and trust law reform. Her article, Trust Privacy, was published in the March 2008 issue of the Cornell Law Review. Her article, Individualized Justice in Disputes over Dead Bodies, has been accepted for publication in the October 2008 issue of the Vanderbilt Law Review. Foster is currently working on a comparative law article titled American Trust Law in a Chinese Mirror.
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nomic Review and contributed an article to Encyclopedia of Law & Society on European Association of Law and Economics; he served as the associations president in 2001 04. De Geest gave a lecture on Carrots versus Sticks at the University of Ljubljana (Slovenia); presented a paper on The Formation of Contracts in the Draft Common Frame of Reference: A Law and Economics Perspective at a Society of European Contract Law conference in Amsterdam; and, as general series editor, set up a second edition of the Encyclopedia of Law and Economics, Edward Elgar. De Geest continues to serve as an editor of the Review of Law and Economics; a member of both the consulting board of the European Review of Contract Law and of the Nederlands Juristenblad; and a co-editor of New Horizons in Law and Economics, Edward Elgar.
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Faculty Notes
During spring 2008, Foster attended three conferences: the UCLA/ACTEC Symposium on the Law of Succession in the 21st Century, the Harris Institutes conference on Law in Japan: A Celebration of the Works of John Owen Haley, and the Spring 2008 Conference of the National College of Probate Judges. Katherine Goldwasser Professor of Law Kathy Goldwassers co-authored article on domestic violence remedies, The Perils of Empowerment, is forthcoming. During 200708, she served as acting director of the law schools Civil Justice Clinic and on the Admissions Committee, and assisted with law-related education activities in the St. Louis Public Schools. She is currently working with an interdisciplinary group of faculty on a proposal for a Violence Prevention Center. Michael M. Greenfield George Alexander Madill Professor of Contracts & Commercial Law Michael Greenfield was named the George Alexander Madill Professor of Contracts & Commercial Law, as of July 1; he previously was the Walter D. Coles Professor of Law. Greenfield was elected Regent of the American College of Consumer Financial Services Lawyers. In addition to helping oversee the renovation of Anheuser-Busch Hall, he is completing the fifth edition of his Consumer Transactions casebook, which will be published this fall. John Owen Haley William R. Orthwein Distinguished Professor of Law John Haley was named the William R. Orthwein Distinguished Professor of Law, as of July 1; he previously served as the Wiley B. Rutledge Professor of Law. In spring 2008, the law school hosted a symposium in honor of Haleys contributions to the fields of Japanese and comparative law (see page 25). He is currently working on a new book, Laws Evolution, and the third edition of his co-authored casebook, The Civil Law Tradi-
tion: Europe, Latin America, and East Asia. Throughout 200708, he presented papers and published articles and book chapters on Japanese and comparative law topics. In spring 2008, he accompanied a group of 10 law students on a public service trip to Argentina. Rebecca HollanderBlumoff Associate Professor of Law Rebecca HollanderBlumoffs article (coauthored with Tom R. Tyler), Procedural Justice in Negotiation: Procedural Fairness, Outcome Acceptance, and Integrative Potential, was published in Law & Social Inquiry. She also presented the article at the University of Illinois Law, Psychology & Economics Colloquium. Her article, Social Psychology, Information Processing, and Plea Bargaining, appeared in the Marquette Law Review as part of a symposium issue on plea bargaining and dispute resolution. Hollander-Blumoff organized a Law and Psychology Roundtable Workshop, held at the law school in April 2008, which brought together law and psychology scholars to present and comment on works-in-progress. At the workshop, Hollander-Blumoff presented Objective Antecedents of Procedural Justice Judgments in Bilateral Negotiation. Additionally, she organized a series of four regional junior faculty works-in-progress workshops, bringing together junior faculty from across the Midwest for intensive discussion of draft articles. Emily Hughes Associate Professor of Law Emily Hughes article, Taking First-Year Students to Court: Disorienting Moments as Catalysts for Change, was selected through blind review for presentation at the New Law Teachers panel at the AALS conference in New York. She also presented at the Society of American Law Teachers Teaching for Social Change conference at Boalt Hall and at the New Directions in Clinical Education Theory and Practice Roundtable, hosted by Washington University and the Journal of Law & Policy, which will publish her article. She currently is exploring the intersection of capital mitigation, ethics, and capital defendants families,
which she presented as a work-in-progress at the law schools Jurisgenesis conference and at the Midwest Regional Junior Faculty workshop. Through the Capital Jury Project, she continues to study how jurors in capital cases make decisions. Hughes also taught at the Clarence Darrow Death Penalty Defense College, co-hosted by DePaul University and the University of Michigan, and moderated a panel at DePauls Media, Race, and the Death Penalty conference. Peter A. Joy Professor of Law and Director, Criminal Justice Clinic Peter Joy published articles and a book chapter on topics related to jailhouse informants, ABA standards for clinical faculty, criminal law clinics, evidence, and prosecutorial disclosure in the Case Western Reserve Law Review and Tennessee Law Review; the book, Development of Lawyers by Clinical Legal Education, published in Japan; and the ABAs Criminal Justice. He gave numerous presentations on clinical education issues, including keynote lectures in Japan and South Africa and presentations at the Association of Legal Writing Directors conferences and Midwest Clinical Conference. He also consulted with the University of New Mexico School of Law on curriculum planning. Joy was named to the Society of American Law Teachers Board of Directors, AALS Professional Responsibility Sections Executive Committee, and the Legal Education Study Project, sponsored by the Carnegie Foundation for the Advancement of Teaching and Stanford Law School. He serves on the board of editors of the Clinical Law Review and Washington Universitys Academic Freedom and Tenure Committee. Daniel L. Keating Vice Dean and Tyrrell Williams Professor of Law Daniel Keating moderated a panel at the Southeastern Association of Law Schools on intellectual property law. He also presented a paper, Harsh Realities and Silver Linings for Retirees, at a symposium sponsored by St. Johns University School of Law and the American Bankruptcy Institute. That paper was published in a symposium issue of the ABI Law Review in spring 2008. This
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past summer, Keating prepared for Aspen Publishers the fourth edition of his solely authored Sales casebook and his co-authored Commercial Transactions casebook (with Lynn LoPucki, Elizabeth Warren, and Ronald Mann). This past year, Keating chaired the law schools Lateral Appointments Committee, which successfully hired five new lateral faculty members. F. Scott Kieff Professor of Law and Professor in the School of Medicine Scott Kieff was named in February 2008 to a secondary appointment as professor in the Department of Neurological Surgery at Washington University School of Medicine. He is a member of the Governance Committee of the medical schools Center for Innovation in Neuroscience Technology; chair of the Research Committee for the Washington University Center for the Study of Ethics and Human Values; and director of the Project on Commercializing Innovation at Stanford Universitys Hoover Institution. A former member of the mediation panel of the U.S. Court of Appeals for the Federal Circuit, he was appointed in December 2007 by Secretary of Commerce Carlos M. Gutierrez to serve for a threeyear term on the nine-person Public Patent
Advisory Committee. Recognized in May 2008 as among the Nations Top 50 Under 45 by the magazine, IP Law & Business, Kieff regularly serves as a mediator, arbitrator, and consulting and testifying expert to law firms, businesses, and government agencies. Pauline Kim Associate Dean for Research & Faculty Development and Professor of Law Pauline Kim, along with Margo Schlanger and Andrew Martin, was awarded a two-year National Science Foundation grant to study employment discrimination litigation involving the Equal Employment Opportunity Commission in the federal district courts over a 10-year period. An essay describing the methodology used in the study was presented at an empirical research symposium and will be published in the Washington University Journal of Law & Policy. Kim is also working on an empirical study of decisionmaking on the federal courts of appeals. She presented this work-in-progress at faculty workshops at Washington University and Emory law schools. She also published the 2007 Supplement to her co-authored casebook, Work Law: Cases and Materials. In June 2008, she co-taught a course on Comparative Employment Law and Policy with Professor Tamara Takacs of Utrecht University School of Law at the law schools Summer Institute for Global Justice, Utrecht. In 200708, she served as the John S. Lehmann Research Professor. David Konig Professor of History and Professor of Law David Konig served as chair of the Law and Society Associations J. Willard Hurst Prize Committee and as a member of the American Society for Law Historys Kathryn Preyer Prize Committee. His essay, Regionalism in Early America Law, appeared in Volume I of the Cambridge History of Law in America, and his article, Arms and the Man: What Did the Right to Keep Arms Mean in the Early
Republic?, was published in Law and History Review. He also wrote a part of the historians amicus brief to the Supreme Court in District of Columbia v. Dick Anthony Heller and two essays for a book he is co-editing from the law school symposium on the Dred Scott Case. He completed editorial work on Jeffersons legal commonplace book for The Papers of Thomas Jefferson. A William Nelson Cromwell Foundation grant will support a research leave in fall 2008, when he will continue work on a biography of Jefferson, including his legal thought and practice. Richard B. Kuhns Professor of Law Dick Kuhns is working on a book on the life and judging of Judge Thelton E. Henderson, U.S. District Court, Northern District of California. D. Bruce La Pierre Professor of Law and Director, Appellate Clinic Bruce La Pierre taught a Comparative Federalism course with Professor Giovanni Guzzetta of the University of Rome Tor Vergata at the law schools Summer Institute for Global Justice in Utrecht. He also taught several law courses at the Global Legal Institute in Lisbon, and he delivered lectures on Guantanamo and on the U.S. Constitution and the Protection of Individual Rights at Unisinos University in Brazil. As director of the Appellate Clinic, he supervised students working on cases before the U.S. Court of Appeals for the Eighth Circuit. In spring 2008, the clinic won a significant criminal sentencing case that kept their client out of prison. C.J. Larkin Senior Lecturer in Law and Administrative Director, Alternative Dispute Resolution Program In 200708, C.J. Larkin received the Association of Missouri Mediators Presidents Award for Service and a 2008 Better Business Bureau (BBB) Service Award. She continues to offer civil and family mediation trainings for attorneys; conduct mediations for
(left) Professor Scott Kieff recently received an appointment in the School of Medicine.
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Faculty Notes
Stephen H. Legomsky John S. Lehmann University Professor Steve Legomsky served a six-month visiting appointment at the National University of Singapore, where he wrote an article, now published in the Stanford Law Review, on asylum and the theory of adjudicative consistency. He also advised the Justice Minister of South Korea on immigration reform, delivered the keynote address to a conference of Asian and European Cabinet ministers, and lectured at two Korean universities. He met with U.N. officials and Burmese NGO leaders at refugee camps in Malaysia, and gave presentations at three workshops and one conference in Singapore. Legomsky published a supplement to his immigration and refugee coursebook; produced chapters in three edited books on migration and refugee policy, published in the U.K., Germany, and Spain; and published several articles. He gave numerous other presentations, including those at Harvard, University of Connecticut, University of Florida, University of Miami, and University of Virginia; the Australian Institute of Administrative Law in Melbourne; the University of Athens; and the National Police Foundation in Washington, D.C. Ronald M. Levin Henry Hitchcock Professor of Law Ronald Levin is serving as the ABA advisor to the drafting committee to revise the Model State
Professor Ronald Levin answers questions after teaching class in the Crowder Courtyard. Nice weather and a final opportunity to teach in the open-air courtyard before it became an enclosed space enticed Levin to select the informal setting.
Administrative Procedure Act, sponsored by the Uniform Law Commission. He also is a reporter for the ABAs Project on the Administrative Law of the European Union. Levin and his co-reporters are publishing a volume on EU judicial review. He presented comparisons between U.S. and EU judicial review of administrative action at a Law and Society Association meeting in Berlin. Additionally, Levin served on the ABAs Administrative Law Sections annual award for scholarship committee and a task force that is preparing a report containing the sections policy recommendations to the winner of the 2008 presidential election. Levin and Michael Asimow of UCLA School of Law published a 2007 Supplement to their casebook, State and Federal Administrative Law. Jo Ellen Lewis Senior Lecturer in Law Jo Ellen Lewis is serving a five-year appointment as a Fulbright Senior Specialist. She was a visiting lecturer in Japan and has been invited to teach a short course in the Global Legal Studies program at Universidade Catolica Portuguesa in Lisbon, Portugal, in fall 2008. Lewis regularly presents at legal writing conferences nationally and internationally. She continues to serve as the advisor for the Wiley Rutledge Moot Court.
Maxine Lipeles Senior Lecturer in Law and Director, Interdisciplinary Environmental Clinic Maxine Lipeles was awarded a Womens Justice Award by the St. Louis Daily Record. St. Louis Magazine also named her one of the Best Lawyers in environmental law and cited the Interdisciplinary Environmental Clinic for its exemplary work. Lipeles presented a talk, together with Biology Professor Barbara Schaal, on the Science and Law of Climate Change, sponsored by the Association of Women Faculty. She also presented on Operating in a Carbon-Constrained EconomyThe Public Interest Perspective at an Associated Industries of Missouri Conference and on The Unexpected Environmentalist, sponsored by the Environmental Social Work Initiative. In 200708, the clinic won several environmental victories related to the prevention of air pollution and global warming. Daniel Mandelker Howard A. Stamper Professor of Law Daniel Mandelker received the Daniel J. Curtin Lifetime Achievement Award from the ABAs Section of State and Local Government. LexisNexis pub-
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numerous community and nonprofit organizations, including the BBB, Community Conflict Services of Metropolitan St. Louis, Ethnic Mediation Council, and Equal Employment Opportunity Commission; and serve as committee member, trainer, and facilitator for the Missouri Bar Associations Attorney Client Resolution Committee. Larkin is a mediation supervisor for clinic students and coaches the ABA Representation in Mediation Team, which has had great success at the Regional and National levels. She continued her international work, including offering ADR trainings in Nepal and facilitating law school opportunities in the Netherlands, India, and Thailand. Her co-authored article on Cross-Cultural Issues in Mediation was published in the Association for Conflict Resolution (ACR) magazine.
lished the seventh edition of his co-authored law casebook, Control of Planning and Land Development. Aspen also published the fifth edition of his co-authored casebook, Environmental Protection: Law and Policy. Andrew Martin Professor of Law; Professor of Political Science and Department Chair; and Director, Center for Empirical Research in the Law Andrew Martin published work and presented at conferences in the field of empirical legal studies, including on judicial ideology and voting records. His articles appeared in the Northwestern University Law Review; Judicature; and Journal of Law, Economics, and Organization. He also received the Pi Sigma Alpha award for the best paper delivered at the 2007 meeting of the Midwest Political Science Association. Martin and other Center for Empirical Research in the Law faculty were awarded three National Science Foundation grants to support research projects on litigation in the federal district courts, decision-making in the U.S. Supreme Court, and a pilot study of institutional legitimacy of constitutional courts across the globe. Martin also was recognized for the third time by the Graduate School of Arts & Sciences for Excellence in Mentoring. He is the associate editor of Political Analysis, and sits on the editorial board of Legislative Studies Quarterly. He also serves on the executive committee of the AALS Law & Social Sciences Section. Charles R. McManis Thomas & Karole Green Professor of Law; Director, Intellectual Property & Technology Law Program; and Director, Center for Research on Innovation & Entrepreneurship Charles McManis recently published a chapter of a book commissioned by the World Intellectual Property Organization, titled Teaching of Intellectual Property: Principles and Methods, Cambridge University Press. His chapter on teaching trends also will be published in the Saint Louis University Law Journal. McManis presented a paper on moral and conservation issues related to intellectual property and biodiversity at a Latin American Studies Association conference in Montreal, Canada, and on the
Bayh-Dole Act at an international conference at the University of Southern Taiwan. Both articles will eventually be published as book chapters. While in Taiwan, McManis lectured at six other universities and met with law alumni. In April 2008, he chaired an interdisciplinary academic conference at the law school on the topic, Open-Source and Proprietary Models of Innovation: Beyond Ideology, at which he also presented a paper. The papers will be published in a 10th anniversary volume of the Washington University Journal of Law & Policy. Carl Minzner Associate Professor of Law Carl Minzner presented a paper on Chinese judicial disciplinary systems at both a conference at Harvard and at the University of Michigan. He moderated a panel on Chinese domestic politics at a Council on Foreign Relations event in New York and spoke on Chinese legal and political developments at a conference in Idaho. In summer 2008, he was in Shanghai and Beijing. He is currently finishing an article on Chinese administrative and judicial management systems and working to enhance Washington University relations with Chinese law schools. Kimberly Jade Norwood Professor of Law and Professor of African & African American Studies Professor Norwood was the keynote speaker at the Thurgood Marshall School of Law Symposium on Education & the Bewilderment of Race. Her paper on the failure to educate black male students and student-athletes will appear in the symposiums journal publication. She also discussed Examining the Diversity Pipeline to the Legal Profession at a Mound City Bar Association retreat. Norwood continued her high school pipeline program, as well as her work with teachers in the St. Louis Public Schools, as part of a continuing education program funded by a Department of Education grant. Her seven-hour lecture presentation was on Education and Black America from Slavery through the Reconstruction. In summer 2008, she continued her public interest student externship program in Accra, Ghana, and co-taught Introduction to Products Liability Law and Torts, at Aoyama Gakuin
Universitys law and undergraduate schools in Tokyo. While in Japan, Norwood also lectured at Waseda University. Troy Paredes Professor of Law Troy Paredes was nominated by President George W. Bush to serve as Commissioner at the Securities and Exchange Commission. He recently published the fourth edition of Volume II of his co-authored treatise, Securities Regulation (with Louis Loss and Joel Seligman), and is currently working on the fourth edition of Volume III. His edited volume, The New Corporate Governance, is forthcoming (Cambridge University Press). Stanley L. Paulson William Gardiner Hammond Professor of Law and Professor of Philosophy Stanley L. Paulson held guest lectures and participated in conferences, over the past academic year, on four continentsfrom Antwerp, Brisbane, and Catanzaro (in Calabria, the toe of the Italian boot) to Urbana, Wrzburg, and Zurich. In 200708, just as in 200607, Paulson published nearly a dozen articles and reviews. In November 2007, he delivered 12 lectures on Hans Kelsens legal philosophy to a hand-picked group of law professors and doctoral candidates (some of them Kelsen specialists themselves) at the University of Oslo. In March 2008, he delivered a comparable set of lectures to a group of law professors and doctoral candidates at the Universidad Externado de Colombia in Bogot. The law editors at the Oxford University Press have invited Paulson and his wife, Bonnie, to serve as the editors of an Oxford edition of Kelsens collected works. Neil Richards Professor of Law Neil Richards was awarded tenure by the University effective July 1, 2008. His article, Privacys Other Path: Recovering the Law of Confidentiality (co-authored with Daniel J. Solove), was published by the Georgetown Law Journal, and his article, Intellectual Privacy, will appear in the Texas Law Review. Richards wrote a number of shorter articles as well, including an intellectual biography of
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Faculty Notes
schools. He is a co-author on the recently published seventh edition of the Aspen casebook Problems and Materials in Federal Income Taxation. Leila Nadya Sadat Henry H. Oberschelp Professor of Law and Director, Whitney R. Harris World Law Institute In 200708, Leila Nadya Sadat became director of the law schools Whitney R. Harris World Law Institute, which sponsored several major conferences, workshops, and lectures throughout the year. Sadats co-edited book, The Theory and Practice of International Criminal Law: Essays in Honor of M. Cherif Bassiouni, (Martinus Nijhoff Publishers) was recently published. Her many publications include: Shattering the Nuremberg Consensus, Yale Journal of International Affairs; Extraordinary Rendition, Torture, and Other Nightmares from the War on Terror, George Washington University Law Review; and the foreword to the Washington University Global Studies Law Review issue dedicated to the Harris Institutes Nuremberg symposium. She also presented numerous papers and published several book chapters and reports on international criminal law topics. Sadat continues to direct and teach in the Summer Institute for Global Justice, Utrecht, and to advise the Jessup International Law Moot Court Team, which had another highly successful year. In spring 2008, she was named chair of the board of the International Law Students Association. Margo Schlanger Professor of Law and Director, Civil Rights Litigation Clearinghouse Margo Schlanger was voted the 2008 David M. Becker Professor of the Year. She published and/or has articles forthcoming in the Vanderbilt Law Review; Journal of Tort Law; Washington University Journal of Law & Policy; University of Pennsylvania Journal of Constitutional Law; and Law and Contemporary Problems. She co-chaired a national conference on Prison Litigation, in Washington, D.C.; serves as reporter to the ABAs ongoing revisions of standards governing the legal treatment of
BILL MATHEWS PHOTO
Margo Schlanger, left, received the Student Bar Associations 2008 David M. Becker Professor of the Year Award, and Katie Herr, clinical affairs operations manager, received the SBAs Distinguished Service Award.
the late Chief Justice William H. Rehnquist, which will appear in the West Encyclopedia of the Supreme Court. Richards also gave scholarly presentations at the University of Illinois, University of Missouri, Washington University, Loyola (LA), Oklahoma City University, and the University of Oregon. In connection with a local law firm, Richards successfully represented a St. Louisbased fantasy baseball company in highprofile litigation with Major League Baseball, regarding the proper balance between the First Amendment and the right of publicity of professional baseball players. The Supreme Court recently declined to review the Eighth Circuit opinion holding for Richards client. Laura Rosenbury Professor of Law Laura Rosenbury was awarded tenure by the University effective July 1, 2008. During the past year, she published her article, Friends with Benefits?, in the Michigan Law Review and presented papers at various conferences and law schools, including the International Congress on Law and Mental Health in Padua, Italy; the Law and Society Annual Conference in Berlin, Germany; the Law, Culture, and the
Humanities Annual Conference in Berkeley, California; Syracuse Law School; University of Chicago Law School; University of Michigan Law School; and the University of California at Berkeley Institute for the Study of Social Change. Adam H. Rosenzweig Associate Professor of Law Adam Rosenzweigs research focuses on domestic and international tax policy, particularly with respect to private investment funds. His paper Harnessing the Costs of International Tax Arbitrage was recently published in the Virginia Tax Review, and his co-authored essay, Anachronisms in Subchapter K of Internal Revenue Code: Is it Time to Part with Section 736? Northwestern Law Review, has been cited as one of the leading commentaries on the issue by both scholars and practitioners. He has works in progress on the intersection of international tax policy and modern financial markets, and on the game theory of international tax relations. Rosenzweig has recently presented papers at conferences or workshops at Loyola at Los Angeles, Northwestern University, Texas Wesleyan, New York University, and Washington University law
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prisoners; testified before Congress and the Prison Rape Elimination Commission about prisoners rights issues; and chaired the AALS Section on Law and the Social Sciences. Her project with Professors Kim and Martin, on Equal Employment Opportunity Litigation Brought by the Federal Government, received National Science Foundation funding. Over the past year, the online Civil Rights Litigation Clearinghouse continued to expand, incorporating hundreds of previously unavailable immigration and equal employment class actions. Schlanger will be on leave in 200809, serving as visiting professor of law at the University of Michigan and UCLA. Kent D. Syverud Dean and Ethan A.H. Shepley University Professor In spring 2008, Kent Syverud gave plenary addresses on Law Schools and Their Universities at the annual meeting of the Law School Admission Council and on Business, Professions, and the Common Good at a conference at Wake Forest University sponsored by its professional schools. He also chaired the ABA accreditation site visit team for the Duke Law School. He served on the planning committee for three 2008 AALS conferences: The
New Law Teachers Conference; the Workshop on Retention of Minority Law Teachers; and the Workshop for New Clinical Law Teachers. He chairs the 2009 Deans Workshop of the ABA. Dean Syverud taught three courses in the spring semester 2008 and will teach The Law of Higher Education in fall 2008. He is currently leading planning efforts for University-wide academic programs in Washington, D.C. and New York. Karen L. Tokarz Charles Nagel Professor of Public Interest Law & Public Service; Professor of African & African American Studies; and Director, Alternative Dispute Resolution Program Karen Tokarz was named the Charles Nagel Professor of Public Interest Law and Public Service in spring 2008 (see page 26). In July 2008, she stepped down as Clinical Education Program director. After a sabbatical in 200809, she will focus on building the Alternative Dispute Resolution Program and Africa Public Interest Law & Dispute Resolution Initiative. As a Fulbright Senior Specialist, she is assisting the University of KwaZuluNatal in Durban, South Africa, with developing their dispute resolution masters program. She also helped place law students in summer externships in South Africa, Cambodia,
and Thailand. Tokarz received the 2008 Clinical Legal Education Association Outstanding Advocate Award. At the law school, she organized a New Directions in Clinical Education roundtable. The roundtable papers, including her co-authored article on community lawyering, will be published in the Washington University Journal of Law & Policy. Tokarz also coordinated the eighth annual Access to Equal Justice Colloquium on fair housing and immigration issues, and the 10th annual Public Interest Law & Policy Speakers Series. Peter J. Wiedenbeck Professor of Law Peter Wiedenbeck completed his term as associate dean of faculty in summer 2007. He contributed to a study of the role of politics in Supreme Court tax decisions with co-authors Nancy Staudt and Lee Epstein. The findings were published as The Ideological Component of Judging in the Taxation Context, in the Washington University Law Review. His book, ERISA in the Courts, was published by the Federal Judicial Center. Wiedenbeck is currently working with Harvard Professor William D. Andrews to prepare a new (sixth) edition of the casebook Basic Federal Income Taxation for publication by Aspen Law & Business.
Parades Named SEC Commissioner

Professor Troy Paredes has been appointed by President Bush to serve as a Commissioner on the Securities and Exchange Commission and will be on leave from Washington University Law. Troy Paredes is an extraordinary lawyer, teacher, and scholar who cares about wellfunctioning securities markets, said Kent Syverud, dean and the Ethan A.H. Shepley University Professor. He will make an excellent SEC Commissioner. Paredess expertise focuses on issues relating to securities regulation and corporate governance. He is the co-author (beginning with the fourth edition) of the leading securities law treatise (with Joel Seligman and the late Louis Loss) and has written extensively on a wide range of topics, including the importance of a balanced approach to securities regulation. Before joining the law school faculty, Paredes was a corporate and regulatory lawyer. As an attorney, he worked on a variety of transactions, including leveraged buyouts, mergers and acquisitions, and private equity and other financings, as well as on regulatory matters in the electric industry.
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[Alumni News]
David Detjen Receives Prestigious German Honor

DAVID W. DETJEN,
AB 70, JD 73, was awarded the Officers Cross, First Class, of the German Order of Merit by the president of the Federal Republic of Germany, Horst Koehler. Detjen received the award, which is the highest tribute that the Federal Republic of Germany can pay to individuals for services to the nation, at the German Consul Generals residence in Manhattan. Chair of Alston & Bird LLPs German Practice Team in New York, Detjen was awarded the Officers Cross for his many years of service in and financial support of various German and German-American organizations promoting understanding and good relations between the United States and Germany. At the ceremony, Detjen announced that he and his wife, Dr. Barbara Morgan Detjen, AB 70, have arranged to establish an endowed scholarship to assist a German citizen who wishes to study for a law degree of any type at Washington University Law. Among other activities, Detjen is vice chairman of the American Institute for Contemporary German Studies of Johns Hopkins University, vice chairman of the German American Chamber of Commerce in New York, chairman of the German Forum in New York (which promotes initial performances by young artists from the German-speaking regions of Europe in New York City), and a member of the Board of Directors of the Friends of Goethe New York Inc. (which supports the activities of the Goethe-Institut in New York City). He is also a member of the Board of Trustees of the Burns Fellowship (which promotes the exchange of journalists in the United States and Germany). A member of the American Council on Germany in
New York, he is one of only two native-born Americans who are members of the Atlantik-Bruecke in Berlin. Detjens support of GermanAmerican understanding has also taken other less conventional forms. For example, he and his law firm subsidized the printing of the catalogue for the recent Reality Bites exhibition of contemporary German art at the Mildred Lane Kemper Art Museum, and Detjen is currently a member of the Advisory Board of the Bucerius Kunst Forum, which is putting on three exhibitions in Germany, between 2007 and 2009, of 150 years of American art. Detjen is a member of the law schools National Council, Washington Universitys Board of Trustees, and the
Hans-Juergen Heimsoeth, German Consul General in New York, awards the Officers Cross of the German Order of Merit to David Detjen, right.
International Council for the law schools Whitney R. Harris World Law Institute. At Alston & Bird, he principally represents German and other European clients with business operations in the United States. Among his publications are books on GermanAmerican political agitation in Missouri from 1900 to 1918, and on United States joint ventures with foreign partners. ||||
PASSING THE GAVEL
Dean Kent Syverud, center, recognized Ned Lemkemeier, JD 62, left, for his six years of service as chair of the National Council and Steven N. Rappaport, JD 74, for becoming the new chair at the spring 2008 National Council meeting.
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[Small Firm Spotlight]
Immigration Law Clients Inspire Alumna

Firm: Law Offices of Suzanne Brown, St. Louis
http://www.immigration-firm.com
ATTORNEYS: Suzanne Brown, JD 96, along with Rachel Groneck, Monica N. Smith, Nevada M. Smith, Wesley Schooler, JD 08, and Abigail Stenbeck, JD 08. AREA OF PRACTICE: Full-service Immigration Law BRIEF BACKGROUND: Suzanne Brown has been representing individuals in immigration matters since 1987 when she became director and then executive director of the pro bono Immigration Project of the Illinois Conference of Churches. She is a board member of the American Immigration Lawyers Association and chair of its Missouri/Kansas Chapter. She also has served on numerous state-wide boards in Illinois related to immigration, refugee, and migrant worker issues. Additionally, Brown works closely with students in the law schools Clinical Education Program. Among numerous recognitions, she was recently honored with the Richard B. Teitlelman Distinguished Service Award from Legal Services of Eastern Missouri for her continuing commitment to providing pro bono legal services to those who cannot otherwise afford representation. Q: Why did you choose to practice in a small firm? A: Although our firm is growing, it is important to me that we continue our practice as a small firm. And I would submit that even a firm that is large numerically may still be able to function as a small firm in many critical ways.
Small single area of practice firms, especially, offer attorneys and staff the opportunity to work and share resources as a full team, and the flexibility of being able to shift work from one attorney to another almost seamlessly. This gives an efficiency to the practice, which enables individuals in need to afford our services. Accessibility to legal representation is a priority for me, and I believe that goal is more easily accomplished in small firms. Q: Why did you choose your particular area of practice? A: As an activist in the Central American solidarity movements of the late 1970s and early 1980s, I eventually became interested in the plight of Salvadoran and Guatemalan refugees arriving in the United States, fleeing persecution in their homelands. When confronted with the injustice of the U.S. asylum system toward those particular refugees, I decided then to use my abilities to try to make a change. My efforts were directed on the social/political front toward changing U.S. foreign policy in the region, and on the legal front toward helping individual refugees obtain fair treatment in our courts. My interest in refugees quickly expanded toward a total and utter fascination with immigration, including my own familys many paths to the United States. Q: What advice would you have for someone interested in pursuing this area of law? A: Immigration lawyers are the happiest lawyers around. We love our work, even when we are forced to do it in the most difficult and anti-immigrant environments imaginable. Immigration
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lawyers also love to mentor and share. Because we are never appearing against one another and dont need to protect our resources and skills, the level of collegiality is very high. I do believe, however, that because of the enormity and complexity of the field of immigration law, to be a good immigration lawyer one must dedicate ones primary focus to the field. Unlike other areas of administrative law that are governed primarily by statute and regulation, immigration law is dynamic and driven by ever-changing policies, and practitioners must be familiar with the subtleties of the policy agenda.
Q: What has been the most rewarding aspect of your practice? A: Every day, my colleagues and I have the opportunity to make a positive difference in some persons life. We help to protect those whose lives and safety are at risk, we heal the wounds of family separation and displacement, and we help businesses and communities get the workers that they need to fuel the American economy. When we win a case, everybody wins, and we get to satisfy our individual and collective obligations to heal the world. I could not ask for a more satisfying job. ||||
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[Class Notes]
Class Notes
1970
Patrick Pat T. Callaway has moved his office to his home in Overland Park, Kansas. He is transitioning to retirement and has established a virtual office for meeting clients. He can be reached by e-mail at pat@pcallawaylaw.com and would love to hear from his classmates.
1971
Judge Jean Hamilton of the U.S. District Court for the Eastern District of Missouri was named Woman of the Year as part of the 2008 Womens Justice Awards given by the St. Louis Daily Record. She was cited for her extensive mentoring of new lawyers and her efforts to promote diversity. Judge Hamilton also was recognized for her trailblazing in the legal profession, including being the first woman appointed to the Missouri Court of Appeals for the Eastern District of Missouri, first female chief justice of that court, and first woman judge on the district court where she currently serves.
MEETING THE CHALLENGE
1973
Alana Bowman has moved to New Zealand where she is an advisor to the Ministry of Justice and several nongovernmental organizations concerned with violence against women and human rights issues. She previously worked for 20 years with the Los Angeles City Attorneys Office as Special Assistant for Domestic Violence Policy and Supervisor of the Domestic Violence Prosecution Unit. Jay A. Summerville has been named to the new position of general counsel at Armstrong Teasdale LLP in St. Louis. Summervilles practice focuses in the area of litigation, including commercial, banking, antitrust, and intellectual property law. He previously served as co-leader of the firms Business Litigation Practice Group. Summerville also has served as the City of Lake Saint Louis city attorney since 1986, and he is an officer and director of MERS/Goodwill Industries, Project C.O.P.E., and the Second Presbyterian Church.
Alan Bornstein, JD 81, and Michael Katz, JD 81, right, participated in the 2007 Triple ByPass Ride from Evergreen, Colorado (outside of Denver) to Avon (near Beaver Creek). The two rode with 3,500 other cyclists on the one-day, 120-mile ride over three major mountain peaks climbing more than 10,000 feet.
complex state and federal commercial cases, and has achieved success in multimillion dollar cases, including commercial insurance claims, financial service litigation, computer software disputes, and intellectual property matters.
be active in the family law area, serving as mediator, arbitrator, child and family investigator, and counsel in family law matters. He has been a leader in bringing collaborative law to Colorado. He previously served part time as a magistrate in Jefferson County, Colorado, and then in Denver County.
1980
Ross Bricker received the Florida Bar Presidents Pro Bono Service Award. Bricker, a partner at Jenner & Block in Chicago, was the only out-of-state award recipient. A member of the Florida Bar since 1989, Bricker was cited for his work on behalf of poor and indigent clients throughout his career, including more than 3,600 hours of pro bono efforts throughout the last 12 years. The Florida Bar particularly recognized his work on behalf of migrant farm workers in Florida, his efforts to redress housing discrimination directed at persons with disabilities, and his representation of displaced residents of public housing in New Orleans in their efforts to return to that city. David Littman was named chairman of the Family Law Section of the Colorado Bar Association for 200809. In private practice for 28 years, he is the founder of David Littman PC in Denver. Littman continues to
1981
Douglass W. Dewing received the Traver Scholar Award from the Virginia Continuing Legal Education and the Real Estate Section of the Virginia Bar Association for outstanding service to continuing legal education in Virginia. Dewing is a member of several continuing education panels on real estate title and title insurance topics for various groups, including Virginia CLE. He also is in charge of the case law update for the Annual Real Estate Programs. His presentation, As a Matter of Fact, I Do Own the Road delivered at the 10th Advanced Real Estate Seminar, is the most viewed real estate online or CD-ROM seminar available at VaCLE. Dewing is Virginia State Counsel for LandAmericaLawyers Title Insurance Corporation. Additionally, he recently published chapters on title examination and title insurance in Real Estate Transactions in Virginia.
1979
Robert B. Bodzin has been named a managing partner of Kleinbard Bell & Brecker LLP in Philadelphia. He specializes in trying
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Class Notes
1982
Paula Young is an associate professor at the Appalachian School of Law in Grundy, Virginia. She is serving on two committees created by the American Bar Associations Section on Dispute Resolution that focus on mediator ethics. She is a member of the Standing Committee on Ethical Guidance and co-chairs the Standing Committees Ethics Advisory Opinions Database Subcommittee.
had Foreign Service assignments in Jerusalem; Ottawa, Canada; and Yaounde, Cameroon. Bryant is a member of the Oklahoma Bar and practiced law in Oklahoma before beginning a second career with the State Department.
1988
Debbie Champion Snyder received a Lawyers Lawyer Award, as part of the 2008 Womens Justice Awards given by the St. Louis Daily Record. The award is given to private practitioners who improve the quality of justice and/or contribute to the betterment of the profession. Champion Snyder is a partner at Rynearson, Suess, Schnurbusch & Champion. She was cited for her integrity in her civil defense practice and her ability to keep legal battles from becoming personal. Julie Compton recently published her first novel, Tell No Lies, St. Martins Minotaur. A psychological and legal thriller set in St. Louis, Tell No Lies is the story of an idealistic young prosecutor who gradually trades his principles and comfortable life for ambition and desire. The novel has been released in both the United States and the United Kingdom. Compton previously practiced law in St. Louis and was a trial attorney for the U.S. Department of Justice. She now lives in
1986
Karen Kellen was elected to the City Council for Lakewood, Colorado, which is the fourth largest city in Colorado. Timothy R. Tim Van Valen has joined Brownstein Hyatt Farber Schreck LLP as senior counsel in the firms Albuquerque office. Van Valen is working in the firms Corporate and Business Department. His practice focuses almost exclusively on state and local tax matters, including administrative and judicial litigation, planning, refund claims, managed audits, incentives, legislation, and regulations. He also has extensive experience assisting clients on New Mexico gross receipts tax, property, fuel, tribal, severance, tobacco, and corporate income tax issues.
1983
Craig Bryant, a Foreign Service officer with the State Department, recently briefed President Bush on the activities of civilmilitary Provincial Reconstruction Teams in Afghanistan. Bryant has been a desk officer in the State Departments Office for Afghanistan since September 2007, following an assignment as political advisor to the Provincial Reconstruction Team in Bamyan Province, Afghanistan. He has also
CLASS GIFT GENEROSITY
Members of the 2008 Class Gift Committee gather to celebrate their success. Overall participation in the graduating class gift was 63 percent. Dean Kent Syverud, back row, center, thanks the 2008 committee members for their hard work. Members, front row, from left are: Jason Ross, Andrea Perry, Simeon Papacostas, Elizabeth Peters, Elizabeth Schlesinger, Renee Waters, Ricky Chen, Jessica Wilson and back row, from left, Elisheva Hirshman-Green, Adrienne VanWinkle, Michele Backus, Matthew Cohen, Matthew Mailloux, Seth Bridge, Matthew Walczewski, Prashant Kolluri, Joshua Altman, Kathryn Wendel, Ashley Joyce, and Andrew Nash (not pictured: Allison Nugent, Awanatu Koroma, Brenda Pacouloute, Christopher Shim, Lilia Tyrrell, May Yeh, and Mackenzie DeWerff).
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Class Notes
Florida with her husband, Rick, and daughters, Jessie and Sally. More information about the book can be found at her Web site: www.julie-compton.com. Sava Alexander Vojcanin and his wife, Valerie, welcomed the arrival of their daughter, Elizabeth Sophia, in August 2007. Elizabeth, along with her parents and big brother, John, resides in Lake Bluff, Illinois. Vojcanin is a shareholder with Clausen Miller PC in Chicago.
1989
Seth Ptasiewicz was honored by the New Jersey Essex County Bar at its annual Officers Installation and Awards Dinner with the Walter A. Lucas Special Merit Award. The award recognizes his efforts through Volunteer Lawyers for Justice to provide legal services for the indigent. He also was cited for his service as secretary to the VA, VB, and VC District Ethics Committees, which cover parts of Essex County.
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DISTINGUISHED ALUMNI
Dean Kent Syverud, left, presented 2008 Distinguished Alumni and Young Alumni Awards to, from left: James L. Palenchar, JD 75; Philip B. Polster, JD 48; Connie McFarland-Butler, JD 96; William H. Freivogel, JD 01; Martin E. Galt III, JD 67, LLM 73; Michael M. Berger, JD 67; and Irwin P. Raij, JD 95.
1990
Cheryl Walker received a Citizenship Award, as part of the 2008 Womens Justice Awards given by the St. Louis Daily Record. She was recognized for improving the quality of justice in the community at large. Walker is of counsel at Bryan Cave LLP and also co-manages Obasi Enterprises, a residential real estate development company. Walker was cited for her development and legal work that has benefited the City of St. Louis. A member of the University of Missouri Board of Curators, she also has held leadership and public service roles with the Tower Grove Park Board, United Way, and Office of Chief Disciplinary Counsel.
1992
Geri L. Dreiling announces the formation of Legal Media Matters, a public relations and multimedia writing firm based in St. Louis. After practicing law for several years, she worked as a legal and investigative journalist. Her articles have appeared in several publications, including the ABA Journal, Missouri Lawyers Weekly, The Riverfront Times, the National Catholic Reporter, and St. Louis Magazine, as well as a 2005 anthology published by Chamberlain Brothers showcasing some of the best articles from the alternative press.
also reports that his daughter, Flora, is hitting the Terrific Twos early at a year-and-a-half.
1995
Daniel A. Schwartz has joined the Litigation Department of Pullman & Comley LLC as a partner in the Hartford, Connecticut, office. Schwartz has extensive trial and litigation experience in both the federal and state courts in a variety of areas, including commercial litigation and trade secret enforcement. He also represents employers in various employment law matters such as employment discrimination, restrictive covenants, human resources, retaliation and whistle blowing, and wage and hour issues. Schwartz was recently named one of two finalists for the American Bar Associations Outstanding Young Lawyer of the Year Award for 2008. He also is the author of The Connecticut Employment Law Blog, found at www.ctemploymentlawblog.com.
1993
Elizabeth Christmas received the F. William McCalpin Pro Bono Award from Legal Services of Eastern Missouri for her outstanding volunteer work. Christmas is a solo practitioner, specializing in family law. Andrew Last is in his third year of medical school at the University of CaliforniaDavis. He jokes that his classmates should avoid getting sick in the Sacramento area. Last
1991
Bruce Galloway has been elected to the Board of Directors for the Missouri Association of Criminal Defense Lawyers. Galloways law office is in Ozark, Missouri, and his practice focuses on litigation in the areas of criminal defense and family law. He lives in Ozark with his wife, Melissa, who is also an attorney and works with him in his office.
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Class Notes
2000
Thomas S. Kim joined VGX Pharmaceuticals in Blue Bell, Pennsylvania, as senior director of intellectual property. Kim is also of counsel at the Short Hills, New Jersey, office of Sonnenschein Nath & Rosenthal LLP. Lisa C. Langeneckert has joined the firm of Sandberg, Phoenix & von Gontard PC in St. Louis as an associate. She has extensive experience in public utility regulation. Langeneckert previously worked for The Stolar Partnership LLP.
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2001
LENDING EXPERTISE
Attorney Beth Anderson, JD 03, center, meets with clinic students Aditi Kothekar, left, and Ann Thomas to discuss an order of protection case. Anderson, who has a family law practice in Clayton, shares office space with three great mentors, Gary J. Morris, JD 60; Bernhardt W. Klippel III, JD 73; and Mason W. Klippel, JD 73.
Justin Pitt and his wife, Kimberly, announce the birth of their first child, Robert Buchanan Pitt, on May 24, 2007. Pitt is an associate at Bass, Berry & Sims PLC in Nashville, Tennessee.
1996
Thomas Newton Bolling received the 2008 Global Counsel Award in the area of Regulatory (Non-Financial Services). The award was presented by the International Law Office of Globe Business Publishing along with the Association of Corporate Counsel. Bolling is managing attorney for regulatory affairs at Continental Airlines. Suzanne Brown received the Richard B. Teitelman Distinguished Service Award from Legal Services of Eastern Missouri (LSEM) for her outstanding volunteer work, including working with LSEM to provide free legal services to indigent clients needing assistance with immigration matters. Brown is a founding partner of the Law Offices of Suzanne Brown, specializing in immigration and naturalization law. D. Seth Holliday has been named a partner at the Chattanooga law firm of Eric Buchanan & Associates PLLC. Holliday primarily litigates long-term disability cases and specializes in Social Security disability claims. He is past president of the Chattanooga Trial Lawyers Association.
joins big brother, Karl V, who turned two years old in August. Barnickol is a partner in the litigation department of Katten Muchin Rosenman LLP in Chicago. Christopher G. Hill was named principal at DurretteBradshaw PLC in Richmond, Virginia. Amy Tucker Ryan has joined Martin, Leigh, Laws & Fritzlen PCs St. Louis office as a senior associate. Ryans practice is concentrated in bankruptcy and creditors rights. She and her husband, Andy, reside in Webster Groves. Ryan would love to hear from classmates, and can be reached by e-mail at atr@mllfpc.com.
2002
Emily Maki-Rusk and her husband, Simon, welcomed Fiona Claire on January 19, 2008. Fiona joins big sister, Stella, who turned three in May 2008. Maki-Rusk works part time as an associate at Hunt Suedhoff Kalamaros LLP in St. Joseph, Missouri. Jill Witkowski was recently appointed deputy director of the Tulane Environmental Law Clinic at Tulane University Law School in New Orleans.
2003
Scott Stone is living in Washington, D.C., and is an associate working on climate change-related issues for Hunton & Williams LLP. He previously worked for an international environmental law and policy think tank in Washington, D.C., and Geneva, Switzerland. In May 2008, he was awarded the U.S. EPAs Climate Protection Award for his contributions to an international agreement to accelerate the phase-out of a group of ozone-depleting and global warming chemicals. He was married in May 2007 to longtime girlfriend, Julia Watkins, and they are expecting their first child (a boy) in September 2008. Hed love to hear from old friends and classmates at stone.scott@yahoo.com.
1998
Stephen C. Honikman; his wife, Abby; and children, Talia and Rylan, welcomed the arrival of Sage Alizee on April 29, 2008. Honikman continues to perform accident reconstruction and liability assessment consulting while working with his father in Santa Barbara, California. Honikman can be reached by e-mail at sch@etachase.com and would like to hear from fellow classmates. David E. Wolfe has been named general counsel at Alex Brown Realty Inc. in Baltimore, Maryland. Responsible primarily for the companys transactional legal matters, Wolfe previously was assistant general counsel.
1997
Karl R. Barnickol IV and Sara S. Lippold announce the birth of their daughter, Clare Barrett Barnickol, on March 12, 2008. Clare
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Class Notes
2005
Laura Osterman Burke is an associate with McIntyre, Hartye, & Schmitt, a civil litigation defense firm located in Hollidaysburg, Pennsylvania. She focuses her practice in the area of medical malpractice defense.
North Carolina Court of Appeals, is now an associate with the Charlotte law firm of James, McElroy & Diehl PA.
2007
Matthew Nagel has joined the firm of Wuestling & James LC in St. Louis. He recently completed his LLM in intellectual property. Yeena Yoon received a Leader of Tomorrow Award, as part of the 2008 Womens Justice Awards given by the St. Louis Daily Record. The award is given to a law student or recent graduate who demonstrates leadership, professionalism, and passion for making a difference in the justice system and/or legal profession. Yoon was cited for her service as a VISTA attorney with the Legal Assistance Foundation of Metropolitan Chicago and for her work with other Washington University students and faculty on a clemency case through the law schools Civil Justice Clinic.
2006
Ricky Fong published Universal Suffrage in Hong Kong: Promise or Illusion? A Critical Analysis of National Peoples Congress Standing Committees Interpretation of Hong Kong Basic Law Annexes in the UCLA Pacific Basin Law Journal. He originally wrote the paper for a seminar taught by Professor Frances Foster. Harrison Lord; his wife, Annie; and their son, Andrew, announce the arrival of Hadley Peggy Lord, who was born April 4, 2008. Lord, who finished a two-year clerkship with Judge Richard Elmore of the
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ACADEMIC EXCELLENCE
The law school honored students from the top 15 percent of the class of 2008 at a special academic excellence reception on May 15, 2008. Linda Martinez, JD 82, was inducted as the Honorary Order of the Coif Initiate.
[In Memoriam]
ALUMNI
Robert S. Goldenhersh, JD 47, a longtime supporter of the law school, died on February 7, 2008. He was 85. Goldenhersh was of counsel at Rosenblum, Goldenhersh, Silverstein & Zafft PC in St. Louis. After co-founding the firm in 1953, Goldenhersh enjoyed a remarkable career spanning five decades, during which time he established himself as one of the pre-eminent real estate attorneys in the metropolitan St. Louis area. During his career, he represented many of the largest homebuilders and commercial developers and was considered an expert on title insurance, leasing, land use, and finance.
1930s C. William Altman, 36 1970s Norman W. Drey, Jr., 70
James C. Moloney, LLM 73

1940s Paxton H. Ackerman, 40
Kenneth L. Miller, 74
Edwin M. Schaefer, 40 Elmer Price, 47 Thomas W. White IV, 49
1980s Janet Young, 81
Norella Virginia Huggins, 82 William G. Hyland, LLM 87
1950s Allan S. Barton, 50
Burton A. Librach, 51 Hon. Joseph F. Cunningham, 52
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[Calendar]
Washington University Law Events
Below is a sampling of major events at Washington University Law in the fall 2008 semester. For additional information, visit the law schools Web site at: http://law.wustl.edu/events. OCTOBER
2 3 6 8
Vice Presidential Debate* Washington University Midwestern Junior Faculty Workshop Professor Rebecca HollanderBlumoff On-Campus Interviews CSO Robert Peroni Lecture Harris Institute Juan Mendez Lecture Harris Institute Negotiation Competition Legal Practice Program Tyrrell Williams Lecturer: Strobe Talbott Fall Break Behavioral Studies Methodology Conference* Center for Interdisciplinary Studies (CIS) PILPSS Lecturer: Betty Oyella Bigombe Clinical Education Third-Year Class Gift Kick-Off Luncheon Alumni & Development Webster Society Dinner* Chancellors Office and Student Services
PILPSS Lecturer: Mary Gade Clinical Education Program Founders Day Luncheon Founders Day Celebration* Alumni & Development William M. Van Cleve Professor of Law Installation: Professor Adrienne Davis PILPSS Lecturer: Philippe Sands Clinical Education Program and Harris Institute William Catron Jones Lecturer: Charles Freeman* Harris Institute Wiley Rutledge Moot Court Finals Legal Practice Program
11
310 6 7 1113 13 1619 1718
12
2008
SEPTEMBER
4
13
Legal Practice Excellence Awards Program Legal Practice Program and Carmody MacDonald PC Law School Night at the Cardinals* Student Services On-Campus Interviews CSO Catherine Amirfar Lecture Harris Institute Ethics in Litigation, Practice & ADR U.S. A&M and ADR Program On-Campus Interviews CSO Blood Drive Washington University Constitution Day Reunions Alumni & Development Public Interest Law & Policy Speakers Series (PILPSS) Lecturer: Terry Smith Clinical Education Program Missouri Court of Appeals Special Session Seigle Hall Dedication National Council Meeting
19 21
PILPSS Lecturer: Evan Wolfson Clinical Education Program New Trends & Challenges in ADR: Here and Around the World U.S. A&M and ADR Program Lecture: Jay Folberg
812 11 12
27
2630
Thanksgiving Break
28
DECEMBER
47 5
1524 16 17 1920 23
Reading Period Midwestern Junior Faculty Workshop Professor Rebecca HollanderBlumoff December Degree Recognition Ceremony* Washington University Faculty Achievement Awards Gala* Washington University
30
International Climate Change: Post-Kyoto Challenges Harris Institute
NOVEMBER
12
Regional Negotiation Competition Legal Practice Program Scholar in Law Dinner Alumni & Development
819
Exam Period
24 25 26
* Indicates event is being held off-site.
(back cover) Washington University Law faculty, front row, from left: Hyla Bondareff, Phil Berwick, John Haley, Marion Crain, Cheryl Block, Rebecca Hollander-Blumoff; second row, from left: Denise Field, Aris Woodham, Leigh Greenhaw, Susan Appleton, Tove Klovning, Jennifer Carter-Johnson; third row, from left: Mark Kloempken, Dean Kent Syverud, Neil Richards, Michael Peil, Ronald Levin, Pauline Kim, Rebecca Dresser; fourth row, from left: Annette Appell, Elizabeth Hubertz, Andrew Martin, Maggi Carfield, Emily Hughes, Gregory Magarian, Kathleen Brickey, Thomas Schweich; fifth row, from left: Peter Goode, Mary Perry, Jane Moul, Maxine Lipeles, F. Scott Kieff, Ann Davis Shields, Peter Joy, Kathleen Clark, Carl Minzner;
sixth row, from left: C.J. Larkin, Bill Dorothy, Melissa Waters, Katherine Pawasarat, Katherine Goldwasser, Jo Ellen Lewis, Adam Rosenzweig, Daniel Keating, Peter Wiedenbeck; back row, from left: David Deal, John Drobak, Gerrit De Geest, Brendan Roediger, Samuel Buell, Charles McManis, Adrienne Davis, Kimberly Jade Norwood, Michael Greenfield, Dorsey D. Ellis, Jr., and Michael Koby. Not present: Samuel Bagenstos, David Becker, Dorie Bertram, Barbara Flagg, Frances Foster, Susan Kaplan, David Konig, Richard Kuhns, D. Bruce La Pierre, David Law, Stephen Legomsky, Wei Luo, Daniel Mandelker, Beth Martin, A. Peter Mutharika, Troy Paredes, Stanley L. Paulson, Laura Rosenbury, Leila Nadya Sadat, Margo Schlanger, Leah Theriault, and Karen Tokarz.
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[End Paper]
by Gregory P. Magarian
How Election Law Feeds Stagnant Centrism of American Politics
IPARTISANSHIP IS A RALLYING TROPE IN THIS YEARS NATIONAL ELECTION.
Both major parties presidential nominees, Republican John McCain and Democrat Barack Obama, have positioned themselves as independent-minded pragmatists who can transcend their parties bitter divisions. Their success has effectively foreclosed an effort, spotlighted at a bipartisan summit in Oklahoma City this past January, to build a centrist, third-party presidential campaign behind New York City Mayor Michael Bloomberg. Enthusiasm for bipartisanship responds to the present state of our political culture. Democrats and Republicans in our national government show little interest in working together. Electoral rhetoric batters far more than it enlightens. The War in Iraq has raised the stakes of political debate and opened genuine fissures within the country. But law determines the shape of electoral systems, and our election law is structured to perpetuate the Democrats and Republicans dominance over our electoral politics, imposing severe constraints on electoral challenges from the left and right while compelling both parties to run toward the center. The result is a political analog to economic stagflation: centrist torpor laced with partisan acrimony. Minor political parties inability to gain traction in the United States does not reflect natural or inevitable facets of our national character. Rather, our legal system imposes formidable barriers to minor parties electoral viability. The use of plurality voting (the candidate with the most votes gets the only prize) and single-member districts in congressional and most state legislative elections drives voters to coalesce around two electoral options, marginalizing any candidate who lacks a major-party brand. First Amendment constraints on campaign finance regulation, under which government may substantially restrict the amounts of political contributions but not of campaign expenditures, ensures that only the Democrats and Republicans, with their broad bases of financial support, can compete effectively. Regulators allow broadcasters and debate sponsors to exclude minor-party candidates from televised campaign debates based on minor parties lack of the very support that exposure through those debates could help them build. Legal entrenchment of the two major parties, in turn, entrenches a centrist political order. Paladins of bipartisanship insist that our political culture lacks moderationthat ideological polarization of hidebound Democratic and Republican elites
has forced the sensible center from its rightful position of political dominance. Two-party systems, however, inevitably drive politics toward the center. When two candidates compete, each needing to secure 50 percent of the vote plus one, both candidates can take their base voters for granted and focus on the decisive, median voter. Committed ideologues, of course, may attempt to hijack the apparatus of government once elected or to exploit seismic eventsmost obviously warsas a way of neutralizing opponents and moving the center. The Bush administrations vigorous resort to those devices has amplified calls for a centrist restoration. But the Democrats have hewed relentlessly to the center, and the Republicans rightward binge appears to be running out of gas money. Our political culture remains fundamentally centrist. A better, fairer structure of political competition would give minor parties a legislative platform and a chance to supplant one of the major parties, as the Republicans supplanted the Whigs in the 19th Century. But minor parties can play a critical role evenperhaps especiallyin our duopolistic, center-bound system. Denied the keys to government, minor parties can take intellectual and rhetorical chances. They can operate as policy laboratories, developing proposals that may attract few initial adherents but eventually penetrate the core of political consciousness. The Progressive Party exemplified this function at the turn of the last century, agitating for minimum wages, graduated income taxation, and numerous other social, economic, and political reforms that eventually became cornerstones of our law. An understanding of the powerful pressures that our election laws exert toward centrist duopoly suggests that our political systems present pathologies do not reflect a subversion of centrism. Rather, our system has entrenched the two major parties to the point where their combative rancor is inevitable, interminable, andfor those who seek dynamic political or social reformlargely inconsequential. Our system needs not the centrist alternative of Michael Bloombergs daydreams, but careful consideration of election law reforms that could empower minor party challengers from the left and right to fulfill their historic role in energizing our democracy. ||||
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Campus Box 1120 One Brookings Drive St. Louis, MO 63130-4899
Nonprofit Organization U.S. Postage PA I D St. Louis, MO Permit No. 804
200809 Washington University Law faculty (see page 44 for names)
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M A G A Z I N E

New Faculty Strengthen Law School

By Kent Syverud, Dean and Ethan A.H. Shepley University Professor

WASHINGTON UNIVERSITY LAW MAGAZINE

New Hires Strengthen Law Faculty

FACULTY HIRED IN 2006 AND 2007

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IDELY PUBLISHED AND RECOGNIZED AS LEADING SCHOLARS,

CYLINDA MARQUART PHOTO

Y ENTRY INTO TEACHING WAS ACCIDENTAL.

Teaching is an exhilarating and exciting experience almost beyond description.

by Leila Nadya Sadat

The Dooley Effect

ALPARAISO PROFESSOR AND WASHINGTON UNIVERSITY LAW ALUMNA LAURA DOOLEY,

Improving the Landscape

AW ALUMNUS JONATHAN B. ROSENBLOOMS

JENNIFER WEISBORD PHOTOS

Projects Create Exceptional Facilities

BILL MATHEWS PHOTO

(left) Harry and Susan Seigle Hall

DAVID KILPER PHOTO

Innovative Approaches to International Law

Faculty and Administrative Expertise

Summer School Abroad and Transnational Law Programs

International Public Service Initiatives

Whitney R. Harris World Law Institute Events

Moot Court Competitions

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The Future is Now

Thomas Schweich of the U.N. Serving as Ambassador-in-Residence

Dorsey D. Ellis, Jr. and wife, Sondra

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Professor John Owen Haley

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Tokarz Awarded Public Service Professorship

ECENTLY NAMED TO THE UNIVERSITYS FIRST ENDOWED PROFESSORSHIP IN PUBLIC

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Mutharika Advising Malawis President, Named to Professorship

S PART OF HIS CONTINUING EFFORTS TO SERVE HIS NATIVE COUNTRY,

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BILL MATHEWS PHOTO

Parades Named SEC Commissioner

David Detjen Receives Prestigious German Honor

PASSING THE GAVEL

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[Small Firm Spotlight]

Immigration Law Clients Inspire Alumna

MEETING THE CHALLENGE

CLASS GIFT GENEROSITY

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James C. Moloney, LLM 73

Edwin M. Schaefer, 40 Elmer Price, 47 Thomas W. White IV, 49

1980s Janet Young, 81

Norella Virginia Huggins, 82 William G. Hyland, LLM 87

1950s Allan S. Barton, 50

Burton A. Librach, 51 Hon. Joseph F. Cunningham, 52

310 6 7 1113 13 1619 1718

International Climate Change: Post-Kyoto Challenges Harris Institute

* Indicates event is being held off-site.

How Election Law Feeds Stagnant Centrism of American Politics

IPARTISANSHIP IS A RALLYING TROPE IN THIS YEARS NATIONAL ELECTION.