MSU Law Amicus Spring 2014

8/19/2019 MSU Law Amicus Spring 2014

1/52

M I C H I G A N S T A T E U N I V E R S I T Y C O L L E G E O F L A W

AmicusSPRING 2014

INSIDE THIS ISSUE

Kelley Institute Hosts Senator Levin Talk on “Nuclear Option”

MSU Law Honors TPI Founding Director John Pirich

Leader Cultivates DCL–MSU Affiliation, Finds Spartan Roots

Alternative Dispute ResolutionTRAINING TOMORROW’S PROBLEM-SOLVERS


2/52

In This Issue

12Alternative Dispute ResolutionTRAINING TOMORROW’S PROBLEM-SOLVERS

MANAGING EDITOR

Erika Marzorati, ’13

CONTRIBUTING WRITERS

Tina Kashat Casoli

April Jones

Erika Marzorati, ’13

Diane Mattick

Brett Polen

Sheila Pursglove

Ann Marie Scholten

PHOTOGRAPHY

Tom Gennara

Ann Marie Scholten

Kimberly Wilkes

MSU Communications and Brand Strategy

Jeffrey Zenner

DESIGN

Brenda J. Sanborn

Marina Csomor, Intern

BOARD OF TRUSTEES

Lou Anna K. Simon, President

Linda M. Orlans, ’87, Chair

Frederick D. Dilley, ’75, Vice Chair

Raymond R. Behan, ’60

Hon. M. Scott Bowen

Elaine Fieldman, ’76

Clif Haley, ’61, President Emeritus

Charles A. Janssen

Maurice G. Jenkins, ’81

Charles E. Langton, ’87

Douglas Laycock

Hon. David W. McKeague

Richard D. McLellan

Colleen M. McNamara

Michael G. Morris, ’81

Bryan T. Newland, ’07

James M. Nicholson

Donald Nystrom, ’00

Stacy L. Erwin Oakes, ’01

David L. Porteous

G. Scott Romney

TRUSTEES EMERITI

Hon. Marianne O. Battani, ’72

Joseph J. Buttigieg III, ’75

Richard W. Heiss, ’63, President EmeritusEdwin W. Jakeway, ’61

Hon. Norman L. Lippitt, ’60

John D. O’Hair, ’54

Peter J. Palmer, ’68

Kenneth J. Robinson

John F. Schaefer, ’69

David J. Sparrow, ’51 (posthumous)

Hon. Richard F. Suhrheinrich, ’63,

President Emeritus

ALUMNI ASSOCIATION

BOARD OF DIRECTORS

Brian Hall, ’07, President

Howard Victor, ’77, President-Elect

Karolyn Bignotti, ’09, Vice President

Bryan Melvin III, ’77, Treasurer

Octavio Duran Jr., ’11, Secretary

Daniel Bliss, ’87, Parliamentarian

Anthony Beckneck, ’11

Ugo Buzzi, ’08

Sherri Marie Carr, ’07

Mario Cascante, ’10

Jerome Crawford, ’12

Ronald Estes, ’05

Kimberly Gehling, ’11

James Geroux, ’70

Colleen Kelly Gomos, ’07

Beverly Helm, ’80

Elinor Jordan, ’11

Todd Levitt, ’92

Aaron Lloyd, ’10

Brian T. Lynch, ’05

Jeffery Sattler, ’08


3/52

Amicus is published by Michigan State University College of Law, Law College B uilding, 648 N. Shaw Lane, Ro om 320, East Lansing, MI 48 824-1300. Reproduction or use, in whole or in part, byany means and without the express written consent of the publisher, is prohibited. Manuscripts, artwork, and photographs are submitted at the sender’s risk; please enclose a self-addressed,

stamped envelope requesting return of material. The magazine and its associated par ties and agencies assume no responsibility for unsolicited materials and reserve the right to accept or reject

any editorial material. Submission of letters implies the right to reproduce same in magazine. Views expressed herein are not necessarily those of this magazine or the Law College. No article herein

shall constitute an endorsement by this magazine, the Law College, or the persons and organizations associated with it.

Michigan State University College of Law programs, activities, and facilities shall be available to all without regard to race, color, genetic information, gender identity, religion, national origin,

political persuasion, sexual orientation, marital status, disability, height, weight, veteran status, age, or familial status. Ne ither Michigan State University nor the State of Michigan is liable for any

financial obligation incurred by Michigan State University College of Law. The Law College is an indepe ndent institution that is not financially supported by MSU or the State.

A Message from the Dean .............................................................. ...................2

Kelley Institute Hosts Senator Levin Talk on “Nuclear Option” .........3

Board of Trustees Welcomes New Members .............................................4

MSU Law Honors TPI Founding Director John Pirich.............................5

Congratulations, Graduates! ............................................................................. 6

Outstanding Advocates...................................................................................... 8

MSU Law Welcomes New Faculty Members ............................................. 11

ALTERNATIVE DISPUTE RESOLUTION:

TRAINING TOMORROW’S PROBLEM-SOLVERS ..................................... 12

Scholarly Events ........................................................... ....................................... 18

Talsky Center News ................................................................ ............................ 21

ReInvent Law Laboratory News ............................................................... ..... 21

Faculty Highlights.............................................................................................. 22

A Message from the Office of Advancement ......................................... 24

Sports and Entertainment Law Experts Share Stories ....................... 25

Alumni Create LGBT Scholarship................................................................. 25

Archer to Chair ABA Task Force on

Cost of Attending Law School ...................................................................... 25

Leader Cultivates DCL–MSU Affiliation, Finds Spartan Roots ......... 26

Alum Grateful For Law Degree, Supports DCL Plaza.......................... 28

MSU Law on the Road ................................................................ ...................... 29

» Los Angeles Area Grads Gather around Holidays

» BLSA Honors Alumni and Members

» MSU Law Heads to Boca Raton

» Honigman Sponsors Kalamazoo Alumni Reception

» Macomb County Alumni Show Support

» Foster Swift Hosts Law Review Reception

» Spartan Supporters Mingle in DC

»

JLS Raises Scholarship Support » MSU Law and the Great Outdoors

» Host an Upcoming Event!

Law Firms and Businesses are Up for a Challenge ...............................35

Class of 2014 Gives Back .......................................................... .......................35

Alumni Association Pledges $100,000 to MSU Law ........................... 36

Public Interest Law Society Raises $5,000 for Scholarship ............ 36

Classmates, Fellow Alumni Raise Funds

to Remember Carole Youngblood ...............................................................37

Donors Support Scholarships, Reduce Student Debt ......................... 38

»

Barrister’s Ball Scholarship » Alton “Tom” Davis Moot Court Scholarship

» Faculty Endowed Scholarship

» Jackson Lewis Labor and Employment Law Scholarship

» Michigan State Law Review Scholarship

» Noah Dobson Cooper Indigenous Law Scholarship

» Joseph A. Lupton Jr. Memorial Scholarship

Passionate about Public Service.................................................................. 40

Alumni Notes ........................................................................................................ 41

In Memoriam ............................................................ ............................................ 43

Circle of Friends .................................................................................................44

Upcoming Events .............................................................. ............... Back Cover

5 6

20

263


4/52

Today’s successful lawyers

are defined by their ability

to effectively advocate for

clients well beyond the

courtroom. They are skilled

listeners, communicators,

and collaborators. They are

problem solvers.

This issue of Am ic u s

highlights our AlternativeDispute Resolution program.

The program—led by Professors Mary Bedikian and Brian

Pappas—offers Michigan State Law students the tools to solve

clients’ problems. Students learn negotiation, mediation, and

arbitration techniques in program coursework, and practice

their skills through school-sponsored ADR competition teams,

externships, and clinics.

The practice pays off. Our arbitration team brought home

their fifth straight regional championship last fall. The spring

semester was our mediators’ turn to shine, with students

earning a total of ten individual and team awards at twomediation tournaments. Our trial and appellate moot court

teams also won numerous honors and our Black Law Students

Association was named the region’s “Chapter of the Year,”

rounding out an impressive season for MSU Law students.

This issue also features many Law College community

members who work to solve important problems for their

clients, communities, and profession. Professors Barbara

O’Brien and Benjamin Edwards made national headlines

with new studies revealing dramatic failures in the criminal

justice and securities regulation systems, respectively. O’Brien

uncovered a disturbing rate of wrongful death sentences in

her work, while Edwards’ study showing holes in protections

for investors sparked calls for reform.

Professor Anne Lawton is working on U.S. Bankruptcy

Code reforms. Her goal is to make sure solutions are

appropriately tailored to actual—rather than perceived—

problems. Professor Adam Candeub has his eye on problems

that are just starting to percolate around popular mobilemedical applications.

The efforts of our alumni are similarly inspiring. Many—

including President Emeritus Clif Haley—made generous

donations to support key programs at the Law College.

Prominent alumnus Dennis Archer will address the crippling

problem of student debt at its roots as he leads an American

Bar Association task force on controlling the costs of

law school.

I am pleased to share the stories of Nida Samona, who paved

the way for Chaldean-American women in southeast Michigan,

and Maureen Thomas, often the only female in the room inher construction field work. Both help solve problems through

tireless volunteer work within their communities. Our

students are fortunate to have so many dedicated supporters

and outstanding role models.

As always, thank you to the many alumni and friends who

support Michigan State Law, both financially and with gifts of

time. Your generosity inspires us all and ensures the continued

success of MSU Law and our future problem solvers.

Warm regards,

Joan W. Howarth

Dean, Michigan State University College of Law

A MESSAGE from the Dean


5/52www.law.msu.edu

Michigan State University College of Law’s Frank J. Kelley

Institute of Ethics & the Legal Profession hosted U.S. Senator

Carl Levin on December 6, 2013, for a talk on the political

tactic known as the “nuclear option.”

Last November, Senate Democrats used the hotly

contested procedure to prevent filibusters on certain

judicial nomi nations. Frustrated by Republican efforts to

block President Barack Obama’s nominees, the Democraticmajority changed the Senate rules to enable themselves

to cut off debate and allow confirmation votes with a

simple majority, rather than the two-thirds supermajority

previously required.

Levin, who voted against his party’s use of the nuclear

option—which he calls “changing the rules by violating the

rules”—discussed the ethical dimensions of a process that

allows the majority to alter Senate rules at will.

“Most people are interested in outcomes and results, and

don’t focus on process,” he observed. “But as lawyers—and

in this particular institute named after Frank Kelley, whichfocuses on ethics—the question of how you accomplish

something becomes very, very critical. It’s not just whether

you do it, but how you achieve it.”

Unlike the House of Representatives, Levin noted, “the

Senate is not a place, until now, where the majority rules

because the Senate is a place that protects the minority.”

Quoting Vice President Joe Biden, he added, “The nuclear

option abandons America’s sense of fair play.”

Levin closed the Institute’s annual lecture by urging current

and future rule-makers to find ways to compromise. “What

all of us have to do is now look for ways that we can, through

just if iable means, try to achieve the ends of government ,

which is to govern.” Citing other recent debates involving

the government shutdown and credit ratings, he added, “I

hope we can learn enough from those painful lessons to bring

about a more civil, a more thoughtful, and a more restrained,

approach to the problems that we must face together.”

Michigan’s longest-serving U.S. senator, Levin has wonsix U.S. Senate elections, the first in 1978. His first legal job

after graduating from Harvard Law School was under then

Michigan Attorney General Frank Kelley. Levin also served

as general counsel for the Michigan Civil Rights Commission

and spent seven years on the Detroit City Council.

“We were delighted to host Senator Levin for this year’s

lecture,” said Professor Hannah Brenner, who co-directs

the Kelley Institute. “Senator Levin’s firsthand connection

with our Institute’s namesake made this year’s lecture

particularly special.”

KELLEY INSTITUTEHosts Senator Levin Talk

on “Nuclear Option”

Named for Frank J. Kelley, the longest-serving attorney general in U.S.

history, the Kelley Institute builds upon the dedication, professionalism, and

ethical code that marked Kelley’s career, including his 37 years of service to

the State of Michigan. The Institute’s annual lecture is a cornerstone of the

effort to bring legal thought leaders to the MSU Law campus.

(from left) Frank Kelley, Professor Renee Knake, Professor Hannah Brenner,

Dean Joan Howarth, and U.S. Senator Carl Levin

(from left) Frank Kelley and

U.S. Senator Carl Levin

U.S. Senator Carl Levin

Frank J. Kelley institute of ethics

& the Legal Profession


6/52 Amicus | SPRI NG 20144

The Michigan State University College of Law Board of

Trustees welcomed three new members this winter. All three

are Law College graduates.

“We are delighted to have three distinguished members of

the legal community join the Law College Board of Trustees,”

said Board Chair Linda Orlans, ’87. “Our new trustees

attribute much of their personal and professional success to

their legal education. Our commitment to supporting our Law

College has never been more important.”

Cary McGehee, ’89, a founding

partner of Pitt McGehee Palmer

Rivers & Golden, specializes in

employment and civil rights

litigation. She has successfully tried

cases involving retaliation and

sexual harassment, Family and

Medical Leave Act violations, and

all other forms of discrimination.

McGehee won the Public

Justice Foundation’s Trial Lawyer of the Year award and other

honors for her work in Neal v. Michigan Department of

Corrections—a class action lawsuit filed on behalf of more than500 female prisoners who were sexually assaulted by male

guards. A former professional basketball player and current

NCAA Division I women’s basketball official, McGehee was

elected Fellow of the College of Labor and Employment

Lawyers in 2012. She chairs the Michigan Coalition for Human

Rights Board of Directors, serves on the Michigan Association

for Justice Employment Law Committee, and is on the

advisory boards for the American Civil Liberties Union and

Michigan Interfaith Trust Fund.

Mayer “Mike” Morganroth, ’54,i s t h e se ni or p a r t ne r o f

Morganroth & Morganroth,

which he formed in 1989 with his

son, Jeffrey. A recognized expert

in a wide range of practice areas,

Morganroth has handled legal

matters in virtually every field of

law during his six-decade-long

career. He has performed both

plaintiff and defense work and has handled arbitrations,

mediations, and appeals in jurisdictions across the United

States and in Europe, the Middle East, Canada, and Latin

America. He also has served as a court-appointed facilitator

and expert witness.

Morganroth has also worked as an entertainment industry

consultant on several motion pictures and represented high-

profile clients in many widely publicized cases. His clients

have included lawyers, judges, politicians, professional athletes,

celebrities, and prominent union officials and businessmen.

Morganroth served as lead counsel in numerous high-stakes

cases, including several that resulted in multi-million-dollar

judgments and settlements in favor of his clients.

Jennifer Poteat, ’04, has a solo

legal practice in estate planning

and small business matters.

Poteat, who worked as a German

teacher specializing in advanced

placement tutoring before

attending Michigan State Law,

has long and varied experience

with nonprofit and philanthropicorganizations.

She has been a trustee of the Harry A. and Margaret D.

Towsley Foundation since 1991, has served as an associate

trustee of the Herbert H. and Grace A. Dow Foundation, and

is a trustee and board secretary for the Ann Arbor Area

Community Foundation. Poteat also sits on the Government

Relations Committee of the Council of Michigan Foundations

and the boards of the Michigan AIDS Coalition and the

Michigan League for Public Policy.

McGehee and Poteat were elected by the Law College Board inDecember and March, respectively. Morganroth was appointed by the

MSU Board of Trustees in December.

Board of Trustees WelcomesNEW MEMBERS


7/52www.law.msu.edu

Michigan State Law honored John Pirich, founding director

of the Geoffrey Fieger Trial Practice Institute, at a well-

attended breakfast reception on April 17.

Professor Pirich this year stepped down as director of the

Trial Practice Institute, a position he held since the program’s

creation 14 years ago. He also teaches courses in the rigorous

two-year certificate program known as one of the most

comprehensive trial practice programs in the country.

“We celebrate and thank John for the extraordinary work

he has done and continues to do for the Trial Practice

Institute,” said Dean Joan Howarth. “TPI is an incredibly

important program—not just here in the building, but one to

be emulated nationally.”

Howarth remarked on the “fundamental values of

friendship, family, work, and love” that exemplify Pirich’s

commitment to the program. “When John Pirich became a

teacher here at MSU Law, when he developed this program,

he fell in love with it,” she noted. “He is deeply engaged, and

he loves working with his students and seeing their best

futures ahead of them.”

“I know I speak for all of us today when I say thank you for

being a true mentor and for guiding us to success,” said

Veronica Valentine McNally, ’04, director of trial advocacyand Pirich’s former student. “We are, without a doubt, better

people because you were our professor. You have created a

legacy in this program that will last for decades to come. It

is an honor to follow in your footsteps.”

Pirich spoke of launching the intensive program just weeks

before the 2001 World Trade Center attacks. “It was a very

difficult time,” he recalled. The day after the attacks, Pirich

talked to his students about Robert Kennedy’s speech on the

night Dr. Martin Luther King was killed. “Kennedy said, ‘Let

us dedicate ourselves to what the Greeks wrote so many years

ago: to tame the savageness of man and make gentle the lifeof this world.’”

Thanking the crowd of current and former students, faculty

members, trustees, family members, and friends, Pirich offered

his hope for the future. “Let this be our goal: Make this a

better world. Be friendly and helpful and less judgmental, and

make it a better world.”

MSU LAW HONORSTPI Founding Director John Pirich

1. (from left) Dean Joan Howarth, Veronica Valentine McNally, ’04,

and Professor John Pirich

2. (from left) Professor John Pirich and David Foltyn, partner and

CEO of Honigman

3. (from left) Professor Michael Lawrence and Professor John Pirich

4. (from left) Professor John Pirich, the Honorable Barb Byrum, ’04,

and Charles Lawler, ’04

1

2

4

3

John Pirich is a partner at Honigman, where he represents clients in

a variety of high-stakes matters. An extremely experienced litigator

who regularly argues cases in state and federal courts at both the

trial and appellate levels, Pirich served as assistant attorney general

for the State of Michigan for three years before entering private

practice. In 2012, he was appointed by Governor Rick Snyder as chair

of the State of Michigan Board of Ethics after 11 years as a member.


8/52

CONGRATULATIONS,GRADUATES!

Spring 2014 Commencement

“To the whole world, your clients are just people—

but to your clients, their cases are the whole world.

You are the key to making things right.

You are their champion.”

— Michigan Supreme Court Justice Brian Zahra

Am ic us | SPRI NG 2014

(from left) Michigan Supreme Court Justice Brian Zahra, Professor Philip Pucillo, Alumni Association Board President-Elect

Howard Victor, ’77, Board of Trustees Chair Linda Orlans, ’87, Class President Jason Lee, ’14, Dean Joan Howarth, and studentspeaker Anthony DeClercq, ’14

Michael Morris, ’81


9/52

Michigan Supreme Court Justice Brian Zahra emphasized

the importance of civility and integrity in his spring

commencement address to the Class of 2014 at Michigan

State University’s Breslin Center on May 9.

“What you say and do reflects not just upon you, but upon

the entire legal profession. Remember always that even if

your cause is right, you have no excuse to be rude or insulting.

Even if your cause is right, you have no excuse for not playing

by the rules,” Justice Zahra cautioned. “We all learned the

Golden Rule in kindergarten, and it applies here as well—

treat others as you want to be treated.

“To the whole world, your clients are just people—but to

your clients, their cases are the whole world,” he added. “You

are the key to making things right. You are their champion.”

Zahra was appointed to Michigan’s highest court by

Governor Rick Snyder and won election in November 2012.

He previously served on the Wayne County Circuit Court

and the Michigan Court of Appeals.

Michigan State Law Board of Trustees Chair LindaOrlans, ’87, and Dean Joan Howarth presided over the spring

graduation exercises. Law degrees were conferred on 325

spring graduates, including two Master of Jurisprudence,

13 Master of Laws, and 310 Juris Doctor candidates. A total of

62 fall 2013 and summer 2014 graduates also were recognized.

Michael Morris, ’81, received the Honorable George N.

Bashara Jr., ’61, Distinguished Alumni Award at the ceremony.

Morris, a member of the MSU Law Board of Trustees, pledged

$100,000 to create the Morris Family Scholarship. He recently

retired as chairman, president, and chief executive officer of

American Electric Power and previously held top positions

at several other major utility companies. He serves as a

director of the boards of Alcoa, Battelle, Limited Brands,

The Hartford Financial Services Group, and Spectra

Energy Corporation.

“Give back to those who have given to you the opportunity

to be a lawyer,” Morris said to the new class of alumni as he

accepted the honor. “Twenty-five years from now when you

stand in front of graduates who are just as eager as you to go

forward and change the world, remember to whom you owe

that gratitude.”

This year’s faculty speaker, Professor Philip Pucillo,

congratulated graduates for their “mind-blowing” will and

determination and offered words of encouragement on

challenges yet to come. “There will be times when again you

feel the uncertainty, when you feel the exhaustion, when you

feel like you just can’t give anymore. And sometimes you’re

just going to get knocked down,” he said.

“But sooner or later, with your face pressed firmly on

the floor, you will remember what you did here. You willremember what you are made of. You will remember that

you have been here before, and you have succeeded,” Pucillo

continued. “And you’re going to get up, and you’re going to

dust yourself off, and you are going to keep going. And you’re

going to do that again and again, and you will be successful

again and again.”

New graduate Anthony DeClercq also spoke at the event,

and class member Michael Dagher-Margosian performed the

national anthem. Class President Jason Lee presented the

class gift—a donation to support the Detroit College of Law

Plaza and Legacy Scholarship.

www.law.msu.edu



OUTSTANDING Advocates

Impressive Debut at NationalHispanic Bar CompetitionMichigan State Law 2Ls Jeanette Lugo and Kean

Zimmerman made an impressive showing at the Hispanic

National Bar Association’s 19th Annual Uvaldo Herrera

National Moot Court Competition.

Lugo and Zimmerman—the first team ever to represent

MSU Law at this national competition—won the Best

Petitioner Brief award and individually tied for Best Oral

Advocate. A total of 34 teams participated in this year’s

competition, which was held in Orlando. Professor Tiffani

Darden and several other professors helped the team

prepare for the event.

Top Team Mediation Prize atInternational TournamentMSU Law topped 51 teams to win first place in the mediation

category at the INADR International Law School Mediation

Tournament in Chicago. Students competed as both

mediation advocates and mediators at the event.

Team members included 2Ls Sarah Peters, Jessica

Saddler, and Erin Sweeney. Sweeney placed 7th out of 156

individual mediators. The trio advanced to the semifinal

round of 16 in the advocate/client category.

MSU Law’s team of 2L Brian Pike, 3L Lauren Prew, and 2L

Justin Williams also competed as mediators in the semifinals.

Second-year students Dennis Malecki and Annie Norwood

served as student coaches for the tournament.

(from left) Lugo and Zimmerman

(from left) Pike, Prew, Sweeney, Williams, Peters, Saddler, Malecki,

and Norwood

Students Win Multiple MidwestBLSA HonorsMichigan State Law earned a range of honors at the 2014

Midwest Region of the Black Law Students Association

(MWBLSA) Convention in Minneapolis. Cortenous (CJ)

Herbert Jr. and Tyler Soellinger—both 2Ls—won the Best

Respondent Brief award out of 74 submitted in MWBLSA’s

Frederick Douglass Moot Court Competition.

A team comprised of 3L Ariel Lett and 2Ls Curtis Doster

Jr., Vanessa Henderson, and Calvin Boyd took fourth place

in the conference’s Thurgood Marshall Mock Trial

Competition. MSU BLSA president, 3L Ndidi Okeagu, also

received a trophy for “outstanding leadership and service.”

MSU Law BLSA members later learned they were named

“Chapter of the Year” for the region, which includes more than

50 member schools across 12 states. The honor recognizes the

chapter’s contributions to the Law College and community.

Two Teams Make MootCompetition QuarterfinalsThe Law College boasted two of the top eight teams in the

10th Annual Williams Institute Moot Court Competition.

The event is the only national competition dedicated

exclusively to sexual orientation and gender identity law.

The event, held at UCLA School of Law, started with 32

teams; both MSU Law teams that competed placed in the

quarterfinals. Professor Nancy Costello coached the teams,

which included 2L Cameron Day, 3L Rachel Gruetzner,

3L Mary Elizabeth OShei, and 3L Kevin Stokes.

(clockwise, from top left) Stokes, Day, Costello, Gruetzner, and OShei


11/52www.law.msu.edu

2nd Place Finish in NiagaraInternational CompetitionMSU Law 3Ls Jason Bart, Dustin Kamerman, and Chelsey

Winchell and 2L Emma Gardiner took second place in the

Niagara International Moot Court Competition held in

Washington, DC.

The competition draws teams from Canada and the United

States to address a hypothetical dispute before the

International Court of Justice. This year’s issues involved

same-sex marriage under international law and paying

ransoms to terrorist groups. Judges included a former

Ambassador to Belgium and former U.S. Secretary of

Transportation Ray LaHood. Professor John Reifenberg and

Reference Librarian Janet Ann Hedin coached the team.

Moot Court Team Cements Spot inNational RankingsThe MSU Law Appellate Moot Court team finished strong at

the Andrews Kurth Moot Court Best of the Best National

Championship in January. Third-year students Lian

Anthony, Corinne Miller, and Scott Milligan placed fifth,

earning points toward the team’s national ranking.

(from left) Soellinger, Herbert, Doster, Henderson, Lett, Boyd, and Okeagu

(from left) Gardiner, Winchell, Hedin, Bart, Kamerman, and Reifenberg

(from left) Copland, Milligan, Miller, and Anthony

Arbitration Team Regional Champs for 5th Straight Year The Law College’s arbitration team won first place in the

regional American Bar Association Law Student Division

commercial arbitration competition. This was the fifth

straight year MSU Law claimed the regional title.

Team members included 3L Jalisa Foster, 2L Erin Frazer,

2L Paul Robertson, and 3L Samantha Schnoerr. Foster,

who was the competition alternate, had less than one week to

prepare after being asked to join the team for its trip to White

Plains, New York. Professor Mary Bedikian coached the

team, which placed second after the preliminary rounds, won

the semifinals, and swept the final round before a panel of

three trial judges and a Westchester County prosecutor.

(from left) Schnoerr, Robertson, Foster, and Frazer

The “Best of the Best” championship is an elite competition

open only to the top 16 schools based on 2012–13 rankings.

This was the first year MSU Law, which was ranked 15th in

2013, earned an invitation.



MSU Law Hosts, Earns Eight Awards at Mediation TourneyMSU Law hosted and earned eight awards at the Great Lakes

Mediation Tournament. More than 40 students from the U.S.

and Canada participated. MSU Law competitors included 3Ls

Lauren Prew and Kyle Sandefur and 2Ls Dennis Malecki,

Annie Norwood, Sarah Peters, Brian Pike, Jessica Saddler,

Erin Sweeney, and Justin Williams. Top honors include:

» Best Mediator: Peters

» 1st Place Client/Advocate: Malecki, Saddler

» 2nd Place Mediator Team: Norwood, Peters, Williams

» 2nd Place Client/Advocate Team: Malecki, Saddler, Prew

» 3rd Place Client/Advocate Team: Pike, Sandefur, Sweeney

All three competing MSU Law teams qualified for the final

four, though only one from each school was able to participate.

Nearly 40 mediators and attorneys volunteered as judges.

(clockwise, from top left) Pike, Sandefur, Malecki, Peters, Williams, Sweeney,

Saddler, Norwood, and Prew

(clockwise, from top left) Jeff Carter-Johnson, Leskie, Damon, Templeton,

Relucio, and Jennifer Carter-Johnson

(from left) Tatem, Lett, and DeMates

Jessup Team Reaches RegionalQuarterfinalsMSU Law competed in the Philip C. Jessup International Law

Moot Court Competition South Regional quarterfinals in

New Orleans in early March. The team included 3Ls Claire

Kaisler and Adaeze Teme, along with 2Ls Matthew

Dupree, Xiao Yan Huang, and Anne Strawbridge.

More than 20 teams addressed the hypothetical disputebefore the International Court of Justice involving party

rights to natural resources, fisheries, cultural heritage, and

activities on the high seas. Professors Bruce Bean and

Veronica Valentine McNally coached the team, with help

from teaching assistant Evgeniya Shakina.

Trial Team Wins RegionalsMichigan State Law topped teams from 11 other schools in

Michigan and Ohio to win the Texas Young LawyersAssociation National Trial Competition regionals in Cleveland.

MSU Law beat Cleveland–Marshall College of Law in the

final round to earn one of 28 spots at the 2014 National Trial

Competition finals in Austin, Texas. Patrick Duff, ’11, coached

the team, which included 3Ls Randall Tatem, Ariel Lett, and

James DeMates.

IP Team #2 in MidwestMichigan State Law took second place regionally in the Giles

Sutherland Rich Memorial Moot Court competition. Theevent focuses on patent and intellectual property law issues.

MSU Law sent two teams to the regionals in Chicago. 3Ls

Christian Damon and Michael Templeton finished second

among 26 teams, securing a spot in the national finals in

Washington, DC. Third-year students Geoff Leskie and

Jenne Relucio also competed at the regionals before helping

their classmates prepare for the nationals. Jeff Carter-

Johnson, coordinator of MSU Law’s Intellectual Property

Start-Up Project, and Professor Jennifer Carter-Johnson

coached the teams, which were sponsored by George

Moustakas of Harness Dickey. Attorneys from Brooks

Kushman, Price Heneveld, Foster Swift, and Young Basile

served as practice judges.



2014 Appellate AdvocacyCompetition WinnersEach spring, all first-year students participate in the

Advocacy Oral Argument and Donald Nystrom Best Brief

competitions as part of the required curriculum. The events

mark important milestones in students’ 1L year.

Congratulations to this year’s oral argument winners:

» First place: Jay Lonick

» Second place: Daphne Bugelli

» Third place: Kyla Barranco and Frank Dame

The winners of the 2014 best brief competition, which is

funded by MSU Law Trustee Donald Nystrom, ’00, include:

» First place: Andrew Jurgensen

» Second place: Anne Puluka

» Third place: Timothy LeeThank you to our oral argument final round judges, the

Honorable Marianne Battani of the U.S. District Court for

the Eastern District of Michigan, the Honorable Mark

Boonstra of the Michigan Court of Appeals, and the

Honorable David McKeague of the U.S. Court of Appeals for

the Sixth Circuit; the more than 150 judges and practitioners

who offered feedback on students’ arguments in earlier

rounds; Moot Court & Trial Advocacy Board members, who

conducted practice arguments; Michigan State Law Review

members, who assessed semifinalists’ briefs; and Nystrom.

(clockwise, from top left) Judge Boonstra, Judge McKeague, Judge Battani,

Lonick, Bugelli, Barranco, and Dame

(clockwise, from top left) Huang, Kaisler, Strawbridge, Teme, and Dupree

M SU L aw Wel c o m e sNEW FACULTYMEMBERSDavid H. Blankfein-Tabachnick

Associate Professo r of LawM.S.L., Yale Law SchoolPh.D., University of VirginiaM.A., University of RochesterB.A., Ithaca CollegeBasic Income Tax B, Decedents’ Estates and Trust,

Tax Law Policy

David Blankfein-Tabachnick joins

MSU Law after working as a

visiting professor at Penn State’s Dickinson School of Lawand visiting scholar at Yale Law School. He is an affiliated

transnational professor at the Peking University School of

Transnational Law. Blankfein-Tabachnick has interests in

global law and international development and has published

works on property, intellectual property, contracts, torts, legal

and political theory, bankruptcy, and taxation. His work has

appeared in the California Law Review, Virginia Law Review, George

Washington Law Review, Connecticut Law Review, and Cambridge

University Press’s Social Philosophy and Policy. His articles have

been reprinted in Cambridge University Press volumes on

taxation and freedom of association and in Rawls and Law, acollection of articles by acclaimed legal scholars.

Joshua Wease Associate Professo r of LawAssistant Clinical Professor of LawLL.M., James E. Beasley School of Law at

Temple University J.D., Michigan State University College of Law

B.S., Michigan State University

Assistant Clinical Professor Joshua

Wease is responsible for general

operations and management of the

Alvin L. Storrs Low-Income Taxpayer Clinic. Before returningto Michigan State Law, his alma mater, Wease spent nine

years as a practicing tax attorney. After starting his career as

an Equal Justice Works Public Interest Law Fellow at MSU

Law’s tax law clinic, he worked as a senior attorney with

Foster Swift Collins & Smith. He then went on to become

managing partner at Wease Halloran, a boutique tax law firm.

He is admitted to practice in Michigan, the U.S. Tax Court,

the U.S. District Court for the Eastern District of Michigan,

U.S. District Court for the Western District of Michigan, and

the U.S. Supreme Court.



ALTERNATIVEDISPUTE

RESOLUTIONTRAINING TOMORROW’SPROBLEM-SOLVERS

At its inception several decades ago, many believed the

legal concept of Alternative Dispute Resolution (ADR)would fail to take hold.

How wrong they were.

“Research shows only 2 percent of civil cases are now resolved

by trials,” says Professor Mary Bedikian, director of the Michigan

State Law ADR program she launched in 2003. “ADR has

brought a cultural change to the way lawyers practice law.

This dynamic has made it essential for law schools

to re-think how they train lawyers. The new legal

marketplace—in which ADR is institutionalized—

requires skills that focus on problem-solving

and communication.”

The ADR program prepares students for real-life

resolution of cases, both inside and outside the

courtroom. “Students learn to present a case and

evidence to an arbitration panel, strategize advocacy

efforts for a civil mediation, and determine the best and

worst alternatives to a negotiated agreement,” Bedikian says.

“Our program has been instrumental in embracing the curricular

changes at the Law College—changes that have made MSU Law

more robust and attractive to would-be attorneys,” she adds.

“Building the skills side of the curriculum has been both visionary

and daunting, but our success has ensured that students are

able to effortlessly move from law school to law practice.”

“ADR has

brought a cultural

change to the way lawyerspractice law. This dynamic has

made it essential for law schools

to re-think how they

train lawyers.”

—Professor Mary Bedikian



NATIONALLYRECOGNIZED LEADERSBedikian, who has mediated hundreds

of cases, created one of the first

interactive ADR courses in Michigan

in 1987. She served for 28 years asdistrict vice president for the Detroit

Region of the American Arbitration

Association and was instrumental

in creating the ADR Section of the

State Bar of Michigan. Her extensive

experience in ADR spans many

sectors—including labor, commercial,

construction, international, and

employment—and she has trained

mediators and arbitrators in both

the process and substance of ADR.

Bedikian leads MSU Law’s ADRprogram with Associate Director

Brian Pappas, a mediation and

negotiation specialist who joined the

program in 2007. “ADR is the present

and the future,” he says. “Dispute

resolution—and especially mediation—

saves time and money, and empowers

people to reach their own decisions

and find creative solutions that may

go beyond what a court might decide.

MSU Law is the only law school in the

state with a named ADR program,and we are doing some very

innovative things.”

“Brian Pappas and Mary Bedikian

have been integral to the continued

development of problem-solving

approaches in Michigan’s trial courts,”

says Doug Van Epps, director of the

Office of Dispute Resolution at the

Michigan Supreme Court. “Whether

serving on Michigan Supreme Court

task forces, spearheading efforts for

the ADR Section of the MichiganState Bar, administering national

competitions, authoring articles, or

preparing law students for the next

generation of legal practice, Brian

and Mary’s expertise and guidance

is widely respected and appreciated.

Both have become nationally

recognized leaders in the field of

alternative dispute resolution.”

BUILDING BLOCKSFROM 1L TO 3L YEARStudents are exposed to Alternative

Dispute Resolution in their 1L year

through a required Contract

Negotiation course. The experiencegives students an understanding of

how the theory-based curriculum

will fit into their future legal practice.

“First-year students sometimes feel

disconnected from their original

motivations for becoming an

attorney,” says Caroline Kingston,

associate director for student

engagement. “By introducing this

practical component early on,

students can start to see how to

apply the theory and skills they’velearned to assist clients. Some

students find ADR is where their

passion and strengths lie, and this

opens up a career path separate

from traditional courtroom litigation.”

Second- and third-year students

can choose from a range of ADR

electives, including specialized

classes that fulfill State Court

“ADR is the

present and the future. . . .

MSU Law is the only law school

in the state with a named ADR

program, and we are doing some

very innovative things.”

—Professor Brian Pappas

Professors Mary Bedikian and Brian Pappas lead

MSU Law’s Alternative Dispute Resolution program.



COMPETITION KUDOS

American Bar AssociationLaw Student Division

ARBITRATION

2013, 2012, 2011, 2010, and 2009

1ST PLACE—REGIONALS

20102ND PLACE—NATIONALS

NEGOTIATION

2013

3RD PLACE—REGIONALS

2ND PLACE—NATIONALS

2012

1ST PLACE—REGIONALS

NADR International Law SchoolMediation Tournament

2014

1ST PLACE MEDIATION TEAM

7TH PLACE MEDIATOR

2013

3RD PLACE MEDIATION TEAM

6TH PLACE CLIENT/ADVOCATE

2011

5TH PLACE MEDIATOR

Great Lakes MediationTournament

2014

1ST, 2ND, 3RD, AND 4TH PLACECLIENT/ADVOCATE

1ST PLACE MEDIATOR

2ND PLACE MEDIATION TEAM

4TH PLACE OVERALL

2013

1ST PLACE CLIENT/ADVOCATE TEAM

2ND PLACE OVERALL

2011

1ST PLACE MEDIATOR

Administrative Office training

requirements to serve on civil court

mediation rosters. “In my own legal

practice, both as a civil litigator and a

criminal prosecutor, I engaged in some

form of alternative dispute resolution

every day,” Kingston notes. “By giving

all of our students an introduction to

ADR in their first year and then

offering an array of specialized

courses in the upper-level curriculum,

we’re truly helping our students

become practice ready.”

MSU Law’s two newest clinical

programs also focus on ADR. The

Conflict Resolution Clinic, which is

led by Visiting Professor Nina Tarr,

opened this spring. The clinic equips

students with problem-solving skills

associated with mediation and other

conflict resolution methods.

Professor Benjamin Edwards

spearheads the Investor Advocacy

Clinic, which provides counsel for

investors who cannot secure private

legal representation due to the

relatively small size of their claims.

The securities law–focused clinic,

funded with a grant from the

FINRA Investor Education Foundation,

gives students experience drafting

arbitration and mediation materials

and mediating, settling, arbitrating,

or litigating cases.

Students also have an opportunity to

study how technology can facilitate

dispute resolution through an Online

Dispute Resolution (ODR) course.

The class—which itself is offered

online—provides practical, hands-on

experience while exposing students

to the cultural, ethical, political, and

practical implications of the evolving

field of online conflict management.

REINFORCING SKILLSTHROUGH

COMPETITIONSClassroom knowledge and skills are

reinforced by participation in regional,

national, and international ADR

competitions. “We have a gifted

group,” Pappas says. “I enjoy

watching students develop the

confidence to act professionally and

effectively in challenging situations.

“The practice of law requires effective

communications skills, and I like to say

that practice does not make perfect— perfect practice makes perfect. So the

self-awareness, planning, listening—a

major focus of mine—and ability to

execute are critical.”

The strong support and rigorous

training that MSU Law students get

as they prepare for competitions

pays off. The Law College has

“ADR competitions were an

absolutely incredible experience,

unlike any other in law school. I had an

opportunity that very few others get—an

opportunity to practice and hone my dispute

resolution skills in a competitive environment.

I was able to negotiate, mediate, and advocate

against other law students from around thecountry and around the world. ”

— Tony Chester, ’13



claimed the regional championship

in the American Bar Association

Law Student Division Arbitration

competition for the past five straight

years, in addition to earning

numerous regional- and national-

level awards in negotiation and

mediation tournaments.

Pappas notes that students on

competition teams achieve

exceptional levels of skill, placing

themselves years ahead of most

practitioners and their counterparts

at other law schools. He adds that

the resume-building experience also

makes competitors more valuable and

marketable to prospective employers.

ALUMNI SUCCESS IN

THE REAL WORLDCarrie Waggoner, ’11, now a privacy

specialist at the Michigan Department

of Community Health’s Office of Legal

Affairs, was drawn to alternative

dispute resolution for its practical

skills–building opportunities and

importance in resolving disputes and

litigation. “I saw MSU Law’s program

as an opportunity to learn about

ADR and gain real-world practice

skills while still in school,” she says.

During her 3L year, Waggoner

was named “Best Mediator” in the

Great Lakes Regional MediationCompetition. Her team took first place

overall in the tournament, earning

$1,000 toward expenses and entry

fees for the International Mediation

Competition in London, England.

“The preparation and competition

gave me a lot of time to practice skills

I learned in class,” she says. “Since

graduating, I’ve practiced in two

different areas of law: employment,

which for me was more litigation-

focused, and now health care, whichfor me is currently transactional. The

skills I learned in the ADR program

have been valuable to my practice

both in resolving litigation cases

through mediation and arbitration,

as well as in negotiating contracts

and settlements.”

Michael Daum, ’11, works as a labor

and employment attorney with

Blitman & King in Syracuse, New

York. “It’s no secret the different

forms of ADR have become more

prevalent and oftentimes are stressed

as a more beneficial way to resolve

disputes than traditional litigation,”

he says. “I was drawn to arbitration

during a summer position at a firm

that focuses on labor and employment

law; arbitration is a key facet of that

area of law. I also knew that immersing

myself in ADR and arbitration could

help me learn how to problem solve

and communicate without having to

worry about as many procedural

technicalities that take up a lot of

students’ time in the mock trial world.”

Daum forged close relationships

with his ADR professors. “Class sizes

were smaller and projects were more

hands-on,” he says. “This gave me

the chance to learn invaluable

communication and negotiation

skills I apply every day at work and

even in my personal life.” Working

collaboratively with peers and



First-Rate Faculty

MARY BEDIKIAN, ADR program director and professor of law

in residence

BRIAN PAPPAS, ADR program associate director and assistant

clinical professor

NINA TARR, visiting professor and director of MSU Law’s Conflict

Resolution Clinic

Experienced AdjunctsJOSEPH BASTA, mediator in commercial disputes, elder care,

and domestic relations

MICHAEL JOHN DODGE, vice president and general counsel of

Chrysler Insurance Co., associate general counsel of

Chrysler Financial Services Americas, extensive

background as a negotiator

BENJAMIN EDWARDS, director of MSU Law’s Investor Advocacy Clinic

GEORGE ROUMELL JR., senior partner with the law firm of

Riley, Roumell and Connolly; serves on Federal Mediation

and Conciliation Service, American Arbitration Association,and Michigan Employment Relations Commission

professors in competitions was a

good primer for life in a law firm, he

notes. “Also, seeing students from

other law schools allowed me to see

how favorably our preparation and

training compared, which added to

the confidence I had in what I was

learning and who I was learning

it from.”

During his 3L year, Daum assisted

Bedikian in updating a treatise on

ADR in Michigan. The project put him

in contact with the Office of Dispute

Resolution of the Michigan Supreme

Court, which hired him as an

independent contractor to help

create a report to the Supreme

Court titled “The Effectiveness of

Case Evaluation and Mediation in

Michigan Circuit Courts.”

Anthony Chester, ’13, says his

introduction to ADR was “somewhat

happenstance.” He recalls, “During my

1L year, I saw a flier for an intra-school

negotiation competition. I decided to

enter, and made it all the way to the

final round. Professor Pappas asked

me to join the negotiation team

the following year and things

just snowballed.”

Serving as a teaching assistant gave

Chester a unique opportunity to

further his ADR education and

pushed him to choose a career path

in which he could continue to teach.

“I spent a lot of time learning basic

ADR principles. I learned even more

when I put those principles into

practice in various competitions,”

he says. “The next step was helping

teach those skills to other students.

It taught me how to convey nuance

and how to really work with others in

a different light. I loved working with

other students and the experience

pushed me to choose a career path

where I could continue to do so.”

Now a project administrator for the

Dispute Resolution Institute and

Master in the Study of Law program

at Hamline University School of Law,

Chester enjoyed observing and

mediating cases at the United Way

in Jackson and the Dispute Resolution

Center in Lansing during his time in

the ADR program. “It was great to put

ADR skills to work when the stakes

were real,” he says. “I felt I was finally

able to contribute something

meaningful to people in need.”

“Without Professor Pappas’s guidance

and Professor Bedikian’s mammoth

effort in establishing the ADR

program, I wouldn’t be where I am

today,” Chester adds. “They truly are

on the cutting edge of ADR practice

and teaching, and are building

something great at MSU Law.

Without question, the most valuable

part of my law school experience was

my involvement in the ADR program,

where I learned skills I feel are

invaluable no matter what work

I do in the future.”

Chester served as the first president

of the Alternative Dispute Resolution

Board, which provides leadership

and structure for the school’s ADR

teams. The gavel was wielded this

past year by 3L Lauren Prew, who

was drawn to ADR through the 1L



course at MSU Law provided her

with active listening, negotiation,

and problem-solving skills that are

useful in mediations, facilitations,

and daily negotiation and settlement

discussions; it also led to her

certification in the field. “It’s an

excellent addition to my resume

and has been brought up in every

single, post-law school interview

I’ve had,” she notes.

THE NEXT DECADEOF ADR AT MSU LAWFrom its inception, the Alternative

Dispute Resolution program at

Michigan State Law has focused on

providing students with diverse and

transferable skills. “Our goal for the

next decade is to maximize student

opportunity by building on our

current platform,” Bedikian notes.

“We will continue to strengthen and

expand our practical skills–building

course offerings, strong competition

teams, and externship opportunities

that give students an opportunity to

apply their skills in the workplace.”

Contracts Negotiation course. “MSU

Law’s ADR program is particularly

adept at providing a well-rounded

approach to teaching conflict

resolution, with class opportunities,

competition teams, and events with

various alumni and professionals

with excellent ADR experience,” she

says. “The faculty truly is dedicated

to students’ development and always

available to help students find what

it is they want to achieve in the

legal profession.”

Prew’s externship in the Department

of Compliance at the University of

Michigan Health Systems led to a

summer associate position doing

health care and corporate work at

Jackson Walker in San Antonio. She

will return to the firm as a first-year

associate this fall.

As a teaching assistant for Pappas,

Prew enjoys working with and

coaching students as they develop

the skills to conduct their own

mediations. “MSU Law’s mediation

curriculum not only provides

certification in domestic and civil

mediation, but truly stresses the

importance of developing

communication skills essential to the

modern lawyer—the ability to listen

effectively, the power to serve as a

neutral facilitator, and the knowledge

necessary to be an effective advocate

for a client,” she says. “My mediation

course is the most important one I

took at MSU Law, and the one that

provided me with the greatest

amount of real-world experience.”

Jenna McGrath, ’11, an associate

with Vandeveer Garzia in Troy, took

a mediation class to fulfill credit

requirements. Drawn to the area,

she then took other ADR classes and

participated on teams to expand her

skill set. “As clients are increasingly

interested in cost-saving measures

and court dockets continue to be

overfilled, ADR provides an alternative

avenue to resolve disputes while

promoting client goals,” she says.

While litigation is the main focus of

her practice, mediation and litigation

can coincide to offer a more flexible

and effective approach, McGrath

notes. She says her mediation



SCHOLARLY Events

This year’s Journal of Medicine and Law symposium examined

whether dying adolescents should be able to make their own

end-of-life medical decisions.

The February 7 event titled “Living with Terminal Illness:

Should Adolescent Minors Make Decisions at the End of

Their Lives?” featured doctors’ and scholars’ varying

perspectives on the challenging topic. Panelists discussed

ethical issues involved, possible frameworks to change

minors’ decision-making role, and relationships in end-of-life care.

“The challenge with teens is that this is a period in which

they are struggling with their own identity and trying to

decide who they are and what kind of values they have,”

said Dr. Thomas Tomlinson, who directs MSU’s Center for

Ethics and Humanities in the Life Sciences.

“They may be perfectly able to understand the facts, but

not really have a stable or mature set of values to use in

making decisions about choices in the face of those facts,”

he noted. “That can be the challenge in deciding what

degree of autonomy or authority one should provide a

teenage patient when it comes to end-of-life decisions.”

Living with Terminal Illness:Should Adolescent Minors

Make Decisions at the Endof Their Lives?

(from left) Journal of Medicine and Law Consulting

Editor Louis Kraus and Dr. Jatinder Bhatia,

professor and chair of neonatology at Georgia

Regents University, Augusta

Deforestation and BiodiversityLoss in a Climate Change ContextThe Journal of Animal & Natural Resource Law presented its annual

scholarly event, “Deforestation and Biodiversity Loss

in a Climate Change Context,” on March 28.

The symposium highlighted causes and consequences of

climate change, with a focus on rainforest deforestation andresulting threats to wildlife and biodiversity. Topics included

socioeconomic and political drivers of deforestation, forest

carbon monitoring, managed relocation of species, and

international conservation development projects.

Molly Walker Wilson, co-dir

the Center for the Interdisc

Study of Law and associate

professor at Saint Louis Uni

School of Law

Joseph P. Messina, professor of geography at MSU’s Center

for Global Change and Earth Observations



Beyond the Horizon:

A Look at the Current and FutureState of BusinessThe Journal of Business & Securities Law focused its second

annual symposium on the current and future state of

business. Topics at the March “Beyond the Horizon” event

included start-up companies, intellectual property, and

technology. Prominent businessmen and experienced

attorneys discussed topics including financing, IP

legislation, IP valuation, cloud storage, workplace

technology, and social media practices and policies.

Executive Editor Silvia Mansoor said the event highlighted practical IP- and technology-focused issues that students

and new attorneys need to be aware of. “The room was full,

the audience was engaged, and the presenters were very

enthusiastic, professional, and straight-forward,” she said.

“The success of the event reflected positively upon the

journal and the law school, while paving the way for even

greater symposia in the future. I am eager to see what the

future holds for the journal.”

Neither Here Nor There: A World of Shifting PopulationsThe Michigan State International Law Review raisedawareness of issues surrounding international migration

and immigration in its annual symposium titled “Neither

Here Nor There: A World of Shifting Populations.” The

journal kicked off and drew attention to its mid-February

event with a live ice sculpture carving of Lady Liberty and

an Instagram contest.

Topics at the scholarly gathering included international

migration and development, managed migration, migration

policies, climate change and migration, and migrant

integration. The event featured keynote addresses by Dr.

Demetrios Papademetriou of the Migration Policy Institute

and Migration Policy Institute Europe and Dr. Alejandro

Portes of the Center for Migration and Development at

Princeton University.

Zadora Hightower, executive editor of the journal, called

the event “an excellent opportunity to discuss the happenings

in immigration and international migration, as well as

misconceptions about the topic.”

Live ice sculpture

carving of Lady Liberty

Steven Bennett, executive director of Prima Civitas

Robin Bronen, executive director of the Alaska In

for Justice and senior research scientist at the Ins

of Arctic Biology, University of Alaska, Fairbanks



The Michigan State Law Review capped off the spring symposia

season in April with “Pursuing the Dreams of Brown and the

Civil Rights Act: A Living History of the Fight for Educational

Equality.” The symposium was part of Project 60/50—a

one-year, university-wide series of events celebrating the

60th anniversary of Brown v. Board of Education and the 50th

anniversary of the Civil Rights Act of 1964.

The symposium analyzed how school desegregation andintegration have unfolded across the country by examining

landmark U.S. Supreme Court decisions. Participants also

discussed how problems and potentials identified could

continue to develop in the years to come.

“We were honored to host incredible people who were a

part of making history,” said Professor Kristi Bowman.

“Faculty from various disciplines, lawyers, and the laypeople

involved in these cases don’t often gather to talk about

school desegregation—but this event demonstrated how

incredibly important it is for us to learn from one another.”

Speakers included 2010 Presidential Medal of Freedom

Recipient Sylvia Mendez, a litigant in a key California schoolsegregation case; Jack Greenberg, a member of the NAACP’s

legal team in Brown; and retired U.S. Court of Appeals Judge

Nathaniel Jones, counsel for the NAACP in a Detroit-area

case prohibiting court-ordered busing. Dr. Gary Orfield, a

leading expert on school desegregation, delivered the

keynote address.

“It was enlightening to hear from more than fifty

presenters who were deeply involved in school

desegregation,” said Law Review Senior Symposia Editor

Shannon Smith. “Hearing Sylvia Mendez and her brotherspeak about their experiences integrating schools in

California as children was eye-opening—particularly as they

discussed moving from the comfort of their segregated

schools into new integrated schools where they clearly were

not welcome.”

The symposium was co-sponsored by the University of

Missouri–Kansas City School of Law. Each panel included

speakers in both East Lansing and Kansas City who

interacted via real-time video conference. Other co-sponsors

included the MSU College of Education; MSU Department

of Political Science; MSU LeFrak Forum on Science, Reason,

and Modern Democracy; MSU Office for Inclusion andIntercultural Initiatives; and Education Law Association.

MSU Law also hosted two Project 60/50 inspired art exhibitions this

spring: “Black in White America,” a photographic essay by Leonard

Freed on African American life during the civil rights movement, and

“One of Michigan’s Own: Viola Liuzzo—An Exemplary Woman in

Extraordinary Times,” which chronicled the life of a Detroit civil rights

worker who was killed by Ku Klux Klan members following the 1965

March to Montgomery. The Diversity Services Office held two film

events related to the 60/50 initiative. This fall, the Frank J. Kelley

Institute of Ethics & the Legal Profession will continue the Law

College’s Project 60/50 event series with its annual lecture.

Pursuing the Dreams of Brown and the Civil Rights Act: A Living History of the Fight for Educational Equality

(from left) Robert Green, retired dean of the

MSU College of Urban Development; Donald

Heller, dean of the MSU College of Education;

and Arlena Hines Vanessa Siddle Walker, professor at

Emory University

Symposium organizers, presenters, and attendees

continued the conversation over meals



The Lori E. Talsky Center for Human Rights of Women and

Children continued its annual lecture series this spring with

talks highlighting three diverse international human rights

law issues.

On February 5, the center hosted Dr. Ioana Cismas

for a lecture titled “Food: You Have a Human Right

to It—No Matter What Congress Says.” Dr. Cismas

is a coordinator at the Geneva Academy of

International Humanitarian Law and Human Rights,

consultant at the U.N. Office of the High

Commissioner of Human Rights, and former advisor

to the U.N. Special Rapporteur on the Right to Food.

“To judge from current efforts by Congress to make it

difficult for poor people to afford eating, you’d never know

that there has long been an international human right to

food,” said Professor Susan Bitensky, the Alan S. Zekelman

Professor of International Human Rights Law and director

of the Talsky Center. “Indeed, human existence depends on

its fulfillment, as does a person’s exercise of all other rights.”

Catherine Albisa, executive director of the National

Economic & Social Rights Initiative, presented a talk titled

“Obamacare: Working Toward the Human Right to

Healthcare in the United States” on March 12. According to

Talsky Center News

ReInvent Law News

Bitensky, the talk offered “broader and more humanely

designed parameters” for addressing the nation’s

healthcare goals. “While our country has been

preoccupied with Obamacare, very few Americans

seem to be aware that there is such a right under

international law which sets much higher standards

for ensuring people’s health.”

The Talsky Center closed its 2013–14 academic series with

an April 2 lecture by David Fathi, director of the American

Civil Liberties Union National Prison Project. Fathi’s talk

examined prolonged solitary confinement of prisoners as a

violation of international human rights law.

“There are approximately 80,000 prisoners held in

solitary confinement in the United States. They are

locked down for weeks, months, or decades,

suffering sensory deprivation and a lack of any

meaningful human contact. Many inmates are

severely psychologically damaged by these

conditions,” Bitensky noted. “Now, thankfully, a

strong argument is being advanced by human rights jurists

like David Fathi that such prolonged solitary confinement

violates international law’s prohibition on torture and cruel,

inhuman, and degrading treatment.”

ReInvent Law NYCMSU Law’s ReInvent Law Laboratory partnered with the

ABA Journal and Ewing Marion Kauffman Foundation to

present ReInvent Law NYC on February 7. More than 40

law, technology, and business experts delivered engaging,fast-paced talks at the event. The event was part of a

week-long legal technology awareness series at the historic

Cooper Union Great Hall in New York City.

“This is an exciting opportunity for the ABA Journal to

continue the conversation we started six years ago with our

Legal Rebels project about the paradigm shift facing the

legal profession,” said Allen Pusey, editor and publisher of

the ABA Journal. “On this platform, we can see first-hand

[and share] what creative, forward-thinking lawyers are

doing to address a changing marketplace.”

Kudos Are in OrderProfessor Daniel Martin

Katz, co-director of the

ReInvent Law Laboratory,

was named an editor of theInternational Journal of Law

and Information Technology, a

triannual publication of

Oxford University Press. He also

was named to the editorial board

of Springer’s Journal of Artificial

Intelligence & La w and is a member

of the ABA Task Force on Big

Data and the Law.

Legal technology expert

Richard Susskind gave

the ReInvent Law NYC

closing address on

“The Past, Present, and

Future of AI + Law.”



Study: Hundreds of PeopleSentenced to Death Are InnocentAlthough it’s conventional

wisdom that false criminal

convictions are extremely

rare, the rate of wrongful

death sentences in the United

States is much higher than

many experts previously

estimated. As many as 300

people who were sentenced

to death in the U.S. over a30-year period likely were innocent, according to a new

study co-authored by Professor Barbara O’Brien.

The study, which was published in the Proceedings of the

National Academy of Sciences in April, estimates that more

than four percent of the 7,482 prisoners who received death

sentences between 1973 and 2004 were falsely convicted.

That is nearly three times the 117 prisoners exonerated

during that period.

Though most innocent defendants who have been sentenced

to death have not been exonerated, these prisoners have not

necessarily faced wrongful execution—many had theirsentences reduced to life in prison due to legal errors not

directly related to innocence.

“The judicial system devotes its greatest scrutiny to prisoners

facing execution. Once that threat is removed—typically

when the defendant is resentenced to life in prison—the

chances of exonerating the falsely convicted drop

dramatically,” O’Brien says. “Our study gets at just how

high the exoneration rate would be if that scrutiny

continued. It’s disturbing because it suggests that innocent

people are forgotten once they leave death row, even though

they may still face a terrible penalty.”The study—co-authored by University of Michigan professor

Samuel Gross, Chen Hu of the American College of Radiology

Clinical Research Center, and the University of Pennsylvania’s

Edward Kennedy—made headlines among prominent media

organizations, including Newsweek, Reuters, Time, the New York

Times, and Vox . The authors used statistical analysis derived

from the study of medicine to look at the probability of

someone sentenced to death being exonerated had he or

she remained on death row for up to 20 years.

Professor Points Out Holes inBroker Background Check ToolFINRA, the securities

industry’s self-regulatory body,

could provide much more

information to investors,

according to a study co-

authored by Professor

Benjamin Edwards, who

directs MSU Law’s Investor

Advocacy Clinic. FINRA’s

BrokerCheck website—anonline tool that provides background information about

investment professionals—excludes important information

about tax liens, bankruptcies, terminations, and broker

licensing exam scores and failures.

The study explained that investors relying on BrokerCheck

might select “brokers with whom they would not do business

if they had access to the more complete picture.” It points out

that much of the information omitted by BrokerCheck is

already public information—albeit less easily accessed.

Covering the study, the Wall Street Journal explained that

“potential black marks [were] scrubbed from BrokerCheck,”including information in the public records database behind

the website.

Edwards’ study, which garnered extensive media coverage,

has made significant waves. Shortly after it was published,

U.S. Senators Jack Reed and Chuck Grassley issued a joint

statement responding to the study and calling for action.

The senators stated that they were “concerned that crucial

red flags and potential warning signs are not readily available

to investors.”

In a June 1 op-ed published in InvestmentNews, Edwards made

clear that “FINRA’s BrokerCheck system offers investors apowerful tool to do a little due diligence on their broker” and

that “including more comprehensive information—especially

when that information is already in the database—would

make it more powerful at a marginal cost.”

The study was released on March 6 by the Public Investors

Arbitration Bar Association. It was co-authored by PIABA

President Jason Doss and Christine Lazaro, director of the St.

John’s University School of Law Securities Arbitration Clinic.

FACULTY HighlightsMichigan State Law faculty members are leading scholars in a wide variety of legal fields. Here is a look at a few of their recent projects . . .



Advocating for Well-InformedBankruptcy Code ReformProfessor Anne Lawton joined

the American Bankruptcy

Institute’s Commission to

Study the Reform of Chapter

11 as a consultant to the

Advisory Committee on

Governance and Supervision

of Chapter 11 Cases and

Companies. The ABI is

expected to propose reformsto the U.S. Bankruptcy Code, which the commission has

described as “antiquated.”

Professor Lawton, who specializes in bankruptcy and

contract law, presented testimony at a commission field

hearing last November about small business reform. Small

business debtors make up a significant number of cases of

chapter 11—a section of bankruptcy law established in 1978

that permits reorganization.

Lawton’s scholarship focuses on predictors of chapter 11

success and the impact of 2005’s Bankruptcy Abuse

Prevention and Consumer Protection Act on those qualifying as small business debtors. In her testimony, she explained that

the overarching theme of her work is that “reform should be

undertaken only if the reform effort is informed by well-

defined problems and well-articulated objectives. Otherwise,

we end up solving problems that, in fact, are not actually

problems, and creating solutions that do not fit the problems

that do exist.”

Lawton argued that reducing the cost and complexity of

chapter 11 may play a significant role in improving plan-

confirmation rates for small business debtors with reasonable

prospects for reorganization. However, more data about thecauses of small business failure is needed prior to amending

the U.S. Bankruptcy Code to “solve” this problem of weak

performance of chapter 11 small business debtors. “Without

a clear grasp of the reasons for small business failure in

chapter 11, it is impossible to evaluate proposals for reform,”

Lawton said.

Mobile Medical Apps: Scientificand Political Speech?In fall 2013, the Federal Drug

Administration first explicitly

asserted regulatory authority

over the increasingly popular

mobile medical apps and other

digital services that allow

users to access medical

records, create medical data,

and even diagnose and treat

themselves. But this digitalhealthcare data is both scientific and political speech, and

therefore deserving of full First Amendment protection,

according to a new paper by Professor Adam Candeub.

Digital medicine—which includes tools such as mobile

medical apps for patients and practitioners, as well as

inexpensive computerized DNA sequencers—has the

potential to fundamentally transform healthcare. Tens of

thousands of smartphone medical apps already are on the

market, Candeub says, “democratizing medicine” by

enabling individuals to use their own medical data and

deliver their own diagnoses.In “Digital Medicine, the FDA, and the First Amendment”

(forthcoming in the Georgia Law Review), Candeub explains

that the FDA’s regulations threaten to control and even slow

innovation in the field—and are likely to spark lengthy,

high-profile litigation in the near future. He notes that the

administration stands on firm legal ground in exercising its

authority over medical devices that invasively measure bodily

functions or take physical specimens. However, he argues,

applications that simply gather or process information are

beyond the FDA’s regulatory reach because they are simply

speech—and should receive First Amendment protections.

Candeub’s paper builds on recent U.S. Supreme Court

decisions to add to the debate concerning the First

Amendment’s application to information and computer

code. Because digital healthcare applications produce pools

of data that can be used by consumers and researchers to

better assess health and advance medical understanding,

Candeub says, code and applications that create healthcare

information are protected scientific and political speech.



Dear Alumni and Friends,Each and every time I meet

with alumni and friends

of the Law College, I am

inspired by what they do

both professionally and

in the community, how

involved they are in their

communities, and how

passionate they are about

their work.

Robert Worthington, ’07, senior vice president at MercantileBank of Michigan, recently was named “Father of the Year”

by the American Diabetes Association for demonstrating a

healthy balance between his career at Mercantile and an

enriching family life.

Mayor “Mike” Morganroth, ’54, this year celebrates 60 years

since graduating from Detroit College of Law. Mike recently

joined the Michigan State Law Board of Trustees, and he

carries a full case load with his fellow attorneys—including

his two children, Jeffrey and Cherie—at Morganroth

and Morganroth.

Teresa Sebastian, ’93, senior vice president, general counsel,

and corporate secretary for Darden Restaurant, serves on the

Board of Trustees for the United Negro College Fund and also

mentors law students on career development.

I enjoy sharing these vignettes and others in MSU Law’spublications, on the Law College website, and in other

promotional materials. I don’t always know what alumni and

friends are doing in their communities and professionally, so

I encourage you to let me know so we can recognize your

involvement in building better communities and serving your

clients in the best way possible.

We want to know how we can best serve your needs as

they relate to correspondence and information via Amicus,

the Dean’s Report, e-newsletters, and other media. Please

complete the enclosed Communication Survey to help us

provide quality communication pieces that you find relevant,helpful, interesting, and effective—pieces that encourage your

engagement with your law school.

You may fill out the survey online at www.law.msu.edu/

communicationsurvey.html or complete the version on the

enclosed sheet and return it using the attached envelope.

Thank you for all you do, and be sure to let your voice be

heard by filling out the survey.

Warm regards,

Tina Kashat Casoli

Director, Office of Advancement

A MESSAGE from the Office of Advancement



(from left) S. Gary Spicer, ’69, Jeffrey Littmann, ’84, 3L Lauren Fritz,

Robert Carr, ’88, and John F. Schaefer, ’69

(from left) James Stokes, ’88, Dean Joan Howarth, and Frederick

Hoffman, ’85, tour MSU Law for the first time.

Michigan State Law’s Sports Law Society and Business Law

Society were pleased to host distinguished graduates for

a panel on the sports and entertainment law industry on

November 20, 2013. Panelists included Jeffrey Littmann, ’84,

chief financial officer of the Buffalo Bills; S. Gary Spicer, ’69,

sports and entertainment law attorney; and Robert Carr, ’88,

senior vice president of operations for Olympia Entertainment

and the Detroit Red Wings.

Third-year student Lauren Fritz organized the event, which

was moderated by John Schaefer, ’69, trustee emeritus,

adjunct professor, and family law attorney.

James Stokes, ’88, and Frederick Hoffman, ’85, recently

pledged $30,000 to create scholarship support for law

students who are active in the LGBT student group.

“Detroit College of Law was our law school that we loved

very much,” said Stokes, who recently visited the Law College

at its current East Lansing location for the first time. “After

seeing what DCL has become, the wonderful building in East

Lansing, and the DCL traditions being carried out there, the

more we saw how much better of a place our Law College is

with MSU.”

“We are pleased to support LGBT students at the LawCollege. Tuition is expensive, yet we need good lawyers,”

Hoffman added. “We also hope to be a resource for LGBT

students who may benefit from experienced attorneys who

once were students, too.”

Prominent alumnus Dennis

Archer, ’70, will lead an

American Bar Association

Task Force that will make

recommendations on how

law schools can control the

cost of attendance.

As chair of the newly formed

ABA Task Force on Financing

a Legal Education, Archer will

oversee the examination of

Sports and Entertainment LawEXPERTS SHARE STORIES

Alumni Create LGBT SCHOLARSHIP

Archer to Chair ABA TASK FORCE on Cost of Attending Law School

law school financing, student

loans, educational debt,

merit scholarships, tuition

discounting, and need-based

aid. The 14-person task force

also includes law school

deans, practicing attorneys,

law professors, affordability

advocates, and an associate

justice of the California

Supreme Court.

Archer is chairman emeritus

of the Detroit-headquartered

law firm Dickinson Wright.

He served as an associate

justice on the Michigan

Supreme Court from 1986 to

1990, as mayor of the City of

Detroit from 1994 to 2001, and

as president of the American

Bar Association for 2003–04.

MSU Law Amicus Spring 2014

Documents