Notre Dame Lawyer - Spring 1999 - NDLScholarship

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Notre Dame Lawyer Law School Publications

4-1-1999

Notre Dame Lawyer - Spring 1999Notre Dame Law School

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Recommended CitationNotre Dame Law School, "Notre Dame Lawyer - Spring 1999" (1999). Notre Dame Lawyer. Book 10.http://scholarship.law.nd.edu/nd_lawyer/10

Dear Notre Dame Lawyer,

May 14·16,1999Commencement Weekend

August 8, 1999American BarAssociation Annual

MeetingNotre Dame LawAssociation ReceptionAtlanta, Georgia5 to 7 p.m.

IN THESE PAGES, you will read about the ever-broadening influence of theNotre Dame Law School - about programs that didn't exist a decade ago but that arehaving a tremendous effect on the lives of people who search for justice and peace.

In researching the information for these articles, I've learned a lot about NDLS -about what we do, where we do it, and how others appreciate Out efforts. I've learned thatthe Notre Dame name is respected throughout the world - not for its football team, ofwhich most people outside this continent are unaware, but for its emphasis on morality andvalues. I've learned that the institution we treasure serves as an inspiration around theplanet. I've learned that we've enabled many, many people - alumni and friends alike -to follow the first part of Aristotle's admonition to "do good:'

I hope that, as you read these pages, you become as proud as I am about what we meanto so many people in so many countries who will never see a Saturday afternoon footballgame or hear the "Fight Song;' who will never set foot on this campus to gaze in awe at thestatue of the Blessed Mother on the Golden Dome or light a candle at the Grotto, or whowill never experience the joys of true freedom. I hope you see that Notre Dame - throughthe work and support of you, our alumni and friends - helps make Out world a betterplace.

Yours in Notre Dame,

Cathy Pieronek, Editorphone: (219) 631-6891fax: (219) 631-4789e-rnail: [email protected]

P.S. I'm still collecting reflections on Dean Linkfor an upcoming issue paying tribute to his leadership.Please feel free to contact me directly if you wouldlike to contribute to this project. 1999 SPRING/SUMMER CALENDAR OF EVENTS

May 13, 1999Ohio State BarAssociation Annual

MeetingNotre Dame LawAssociation ReceptionRenaissance Hotel, Cleveland, Ohio6 to 7 p.m.

June 24, 1999State Bar of Arizona Annual ConventionNotre Dame LawAssociation ReceptionPhoenician Resort, Scottsdale, Arizona5:30 to 7 p.m.

June 4·6, 1999University Reunion '99LawSchool Continuing Legal Education

Program

June 15, 1999Deadline for submission for Notre Dame

Lawyer, Summer 1999 issue

ID ILN Ao IE IE AT R M\ w y IE

S P r 1 9 9 9n g lAW SCHOOL

FOCUS

OverThereA New Home in London

The ReasonWhy

Juan E.Mendez - A Dynamic Leader Working for Peace and Justice

Specialties - International Style

A Different Kind of Law School - "Down Under"

T Tc o N E sN

3 FROM THE DEAN 38 Community Spirit18 AFTER HOURS Father Mike Show

Travels with an Itinerant Trial Advocacy 39 IrishLaw Sporrs ReportTeacher: Jim Seckinger 40 News from the Legal Aid Clinic

20 FACULTY NOTES - Spring Break - Service Style24 St. Nicholas Day Children's Party 42 LAW SCHOOL BRIEFS25 ALUMNI NOTES CLEO Diversity Award27 In Memoriam A Celebration of Scholarship

Editor: Cathy Pieronek 30 New Additions Distinguished Speakers31 Bar Association Receptions Feminist Jurisprudence

Contributing authors: John Blakeley, 32 NDLA '99 Election Results 43 Administrative and Staff NewsJames A. Gresser, David T. Link,

NDLA Summer·Service Opportunities News from the Career Services OfficeDavid M. Morrissey, CathyPieronek, Barbara Szweda 33 LAW ALUMNI REUNIONS - A Banner Year for Employment

34 STUDENT NOTES 44 News from Law School Relations

Principal photographer: Moot Court and Trial Teams Legal Ethics in D.C.: From the

Matt Cashore Moot Court Showcase Argument Golden Dome to the Capitol Dome35 National Appellate Team FallCLE

Notre Dame Lawyer is published National Trial Team - The Barristers ADR Programsfor the alumni and friends of the International Moot Court 45 News from the Center for Civil andUniversity of Notre Dame Law 36 Student- Edited Journals Human RightsSchool, Notre Dame, Indiana. Student Editors Human Rights at Home -

Notre Dame Law Review the Death Penalty QuestionAddress correspondence to: Journal of College and University Law Distinguished Speakers -Notre Dame Lawyer Notre Dame Journal of Law, Ethics Human Rights Roundtablell8 Law School & Public Policy Activities Around the WorldNotre Dame, Indiana 46556 Journal of Legislation 46 Notre Dame Advocates:Telephone (219) 631·6891 37 Student Service An Opportunity for ServiceFax (219) 631·4789 Toys for Tots 47 News from the Order of St. Thomas More

BLSA Minority Outreach Program 48 News from Law School DevelopmentSpring 1999 Law Library Expanding International

Collections

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IF R o M li H E ID E A N

his is a great time to be in Catholic legal education. At the Notre Dame Law School, we're experiencingsome exciting opportunities to spread our vision throughout legal education; and within Catholic legal edu-cation, we're seeing some interesting new trends that should strengthen every religiously based law school inthe country.

As you may know by now, University President Reverend Edward A. Malloy, C.S.c., has named VicePresident for Student Affairs and Professor of Law Patricia A. O'Hara '74 J.D. the ninth dean of the NotreDame Law School, effective July 1, 1999. Throughout the dean search process, we have examined our mis-sion to identify our core values and have recommitted ourselves to supporting that mission. Now, in my newrole as dean emeritus, I will be able to devote myself full time to exploring the idea of'healing in the law" -research that will result in a number of books as well as a PBS television series with Bill Moyers and provide

yet another opportunity ro spread the word about Notre Dame and our "different kind oflaw school:'You may have heard that Professor Doug Kmiec, who had been a member of our faculty since 1980, has decided to stay at Pepperdine

University, another religiously based law school. And recently, Professor John Garvey, a noted scholar and member of our faculty since 1994,has been named dean of the Boston College Law School, a jesuir-run institution. Although we will miss our esteemed colleagues and trea-sured friends, I know that, through their teaching and scholarship grounded in principles of justice, morality and the natural law, they willinspire their new colleagues and students. I thank them for their loyal service to Notre Dame and for their friendship.

You may also have heard that the founder of Domino's Pizza, Tom Monaghan, has established a new proprietary Catholic law schoolnear Ann Arbor, Michigan. Ave Maria Law School - the nation's 25th Catholic law school - will open its doors to its first class of studentsin the fall of2000. The law school will be headed by Dean Bernard Dobranski - who graduated from the University of Notre Dame in1961, taught on the Notre Dame Law School faculty from 1977 to 1983, and served as dean of the religiously based law schools at bothUniversity of Detroit-Mercy and Catholic University of America. NDLS Professors Gerard Bradley and Charles Rice have agreed to serveon Ave Maria's Board of Governors.

What does this new law school mean for Notre Dame, I can think of nothing but good. The attention being paid to the opening ofAve Maria will help all religiously based law schools - including ours - to maintain their religion-inspired mission. We don't all need to dothis in the same way, but each of us needs to remain true to certain fundamental principles including - in the case of Catholic law schools- the natural law. The presence of former and current ND LS faculty members in leadership roles at other law schools will help expand theinfluence of our "different kind oflaw school" throughout legal education. The competition and the interaction of faculty and deans willmake all religiously oriented law schools stronger.

Of course, one fact that makes Notre Dame unique among such law schools is the loyalty of Out alumni and friends. You have encour-aged us to stay true to our mission, and you have provided us generous financial and emotional support to further that mission. And as youwill read in this issue of Notre Dame Lawyer, our influence now extends well beyond continental borders - indeed, into every inhabited conti-nent. I am proud of the work our Notre Dame lawyers do abroad, and I am heartened every time someone overseas reacts positively to aNotre Dame presence. You have enabled our successes in a number of ways, and your support has encouraged us to broaden our reach any-where people yearn desperately for peace and justice.

I hope you will take advantage of the opportunities presented within these pages to help Notre Dame succeed in its mission. You canhelp in a number of ways - through Notre Dame Advocates for Human Rights, through service in your hometown, or through enabling ourstudents to serve the underrepresented. Together - and individually - we can have a tremendous impact on our profession and on the livesof those we serve.

On a personal note, I am happy to share with you some great news. My wife Barbara has finished her second series of chemotherapytreatments to combat the cancer with which she was diagnosed last May. The results of a recent CAT scan and other medical and chemicaltests have all been negative. Her doctors have declared her condition to be in remission.

We have been blessed with extremely good medical services, but I doubt that the present success could have been achieved withoutyour many prayers. I do not know how anyone can go through something like this without the support of a community like Notre Dame.'barDara ana'! wiu'oe iorever grate'iul to rne);;'otre'Uame'iarriilY, ana. we wili'keep eacn 01youin our tnarik-you prayers.

With best wishes for you and your family, I remain

Yours in Notre Dame,

David T. LinkDean and Professor of Law

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LAW SCHOOL

FOCUS

ver Th ere

ilne of the many issues

_

raised during the recentdebate about NotreDame's decision to jointhe Big Ten Conferenceconcerned whether

affiliating with a conference of mostly Mid-western universities would change NotreDame from a nationally known universityinto a regional one. But this concern beliesthe fact that Notre Dame has gone wellbeyond being even just a national universityanymore. Through an increasingly interna-tional student body and alumni population,and through 19 foreign-study programsoffered in 13 countries on six continents, theUniversity founded by seven French andIrish immigrants nearly 157 years ago hasdeveloped a strong international reputationfor academic and scholarly excellence, and asa force for ethics and values in academic andprofessional pursuits.

The Notre Dame Law School has beenan integral part of the international reach ofthe University for more than three decades.And although the Law School currently

offers formal international-study opportuni-ties only in London, England, its influencehas also spread around the world. Particu-larly in the last decade, NDLS has attracteddozens of successful lawyers from aroundthe world to LL.M. andJ.S.D. programs ininternational human rights on campus, andto an LL.M. program in international com-parative law in London. NDLS facultyincreasingly have added internationalcomponen.ts to their teaching and scholar-ship, and their work often takes themabroad to teach and to learn from otherlawyers and law professors. Alumni wholive and work abroad represent well theprofessional and personal ideals for whichNDLS stands.

Tangible evidence of the ever-broaden-ing reach ofNDLS has manifested itself onevery inhabited continent. And this reachgoes beyond just attracting students fromthese countries or keeping in contact withthe 150 or so NDLS alumni who liveabroad. Just a few examples illustrate thewide range of activities through whichNDLS spans the globe:

By CATHY PIERONEK '84, '95 J.D.,

DIRECTOR, LAW SCHOOL RELATIONS

NORTH AMERICA

Interns at the NDLS Immigration Clinicassist clients who come to South Bend fromallover the world with their immigrationand asylum applications. Under the guid-ance of clinic director Barbara Szweda, stu-dent interns often travel south on semesterbreaks to places like Florida and Texas toaid immigration workers when, for example,a political crisis or hurricane causes a heavyinflux of immigrants from Latin America.

SOUTH AMERICA

The late Reverend William E. Lewers,C.S.c., and the Center for Civil and HumanRights played a central tole in the English-language publication of the report of theChilean National Commission on Truth andReconciliation, documenting human-rightsabuses during the rule of General Pinochet- a document that today undoubtedly willaid authorities in determining the general'sfate. At least one student from Chile par-ticipates in the center's LL.M. programeach year. And graduates from the center'sprograms frequently serve postgraduateinternships with nongovernmental human-rights organizations based in Central andSouth America.

EUROPE

J.D. and LL.M. students in London learninternational law and the law of other na-tions from a cadre of distinguished Britishand other European practitioners and lawprofessors. LL.M. and J.S.D. graduatesfrom the Center for Civil and HumanRights, along with select faculty, have playedactive roles in the United Nations Interna-tional Criminal Tribunal for the formerYugoslavia.

AFRICA

Other LL.M. and J.S.D. graduates fromthe CCHR, along with NDLS faculty, havehelped train the lawyers and judges whowill conduct the trials under the auspicesof the International Criminal Tribunal forRwanda. Each year, at least one studentfrom South Africa participates in thecenter's programs, and over one-third of

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the center's South African graduates nowteach human-rights law at universities backhome. The center is also the only educa-tional institution to have been granted ob-server status at the African Commission forHuman and Peoples' Rights.

ASIA

Each year for the last two decades, onejudge and one prosecutor from Japan, bothnew to their professions but projected toenjoy great success, spend two semestersstudying American law at NDLS.

AUSTRALIA

Dean David T. Link '58, '61 J.D. served asfounding chancellor of the University ofNotre Dame Australia, the first Catholicinstitution of higher education in thatcountry. With other NDLS faculty, he hasplayed a significant part in the developmentof the first and only Catholic law schoolin Australia, and has hopes for a student-and faculty-exchange program in thenear future.

The reasons for NDLS to

reach out overseas varywith the causes servedby NDLS students,alumni and faculty.But these reasons share

a common thread - to deliver an excellenteducation to NDLS students who mustpractice law in an increasingly globaleconomy and society, and to work towardthe goal of securing justice and peace forthose who do not enjoy the God-givenrights of life, liberty and the pursuit ofhappiness.

The London Law Programmes (pleasesee P: 6) provide students with the opportu-nity to study law in the nation that gavebirth to the common law, learning fromprofessors who teach at a range of Britishlaw schools. Through internships with Brit-ish practitioners, they learn about legalpractice in an increasingly global economy,in the cosmopolitan city that sits at the cen-ter of European commerce. The Londonlaw professors note that they learn from thestudents as well. Penny Darbyshire, a seniorlecturer in law at Kingston University who

teaches a course for NDLS on the Englishlegal system, is often surprised at howAmericans view the English legal system."When I teach about the English legal sys-tem, I'm sure the American students willfind certain things odd or undesirable. I'malways amazed at how their view differsfrom my perception of what I think theirview might be. I've learned to look at theEnglish and American legal systems throughtheir eyes, and my own scholarship hasbenefited from that interaction:'

The LL.M. and J.S.D. programs ininternational human rights further theUniversity's commitment to working forjustice and peace in areas of the world thathave experienced long periods of terriblecivil strife and even genocide. Mr. JuanMendez, who will become the fourth direc-tor of the Center for Civil and HumanRights this October (please see P: 10), com-ments that, in Latin America especially,"Notre Dame is a well-known moral force.Not only does the University have a strongacademic reputation, bur it has a strongreputation as a force for good:'

The interaction between NDLS andthe University of Notre Dame Australia -and in particular, with its new law school(please see P: 14) - provides an opportu-nity to explore what it means to be a trulyCatholic law school while helping establishthe first Catholic law school in Australia. Inthat work, NDLS can help effect truechange in a nation whose laws and ethicswere developed in the post-Enlightenmentera, rather than from the firm foundationsof the judeo-Christian religious tradition.

The work performed each and everyday by NDLS students, alumni and facultyaffects the daily lives of individuals, the poli-cies of governments and the operations ofnongovernmental organizations worldwide.And through the efforts of the Notre DameAdvocates for Human Rights (please see p.46), even more alumni and friends, workingright from their own homes or offices, canhelp NDLS strengthen its worldwide reachby assisting attorneys abroad who lack thetime and money to perform even the mostbasic legal research in support of human-rights causes.

We've accomplished a lot in 30 or soyears of foreign outreach. In some places,we still have a long way to go. And we won'tbe back 'til it's over - over there.

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A New

his past February inLondon, England, theUniversity communitycelebrated the culmina-tion of more than twoyears of planning, prepa-

ration and hard work with a formal dedica-tion of Marian Kennedy Fischer Hall - thenew home of the University's London cam-pus. Located at the corner of Pall Mall andSuffolk Street, just one block fromHaymarket and a couple of short blockseast of Trafalgar Square, the new facilitymore than doubles the physical space avail-able for the University's programs to 27,000square feet on five floors.

Past participants in the London LawProgramme will recall the charming build-ing with the colorful past at No.7Albemarle Street in the Mayfair District.Professor J. Eric Smithburn, who directs thesummer program in London, recounts itshistory: "The beautiful building was con-structed in the 1720s for Admiral Sir JohnNorris. During its restless history, thebuilding [saw J more than a few chapters ofhistory played out within its walls. AmeliaSophia DeWaimoden, Countess ofYarmouth, mistress of King George II, re-sided at 7 Albemarle Street for several yearsin the 1760s. During her residence, theTreaty of Paris with the French was, at leastin part, negotiated at Number 7. The build-ing became a fashionable hotel in the early1800s, playing host over many decades tovisiting royalty throughout Europe. One ofthe distinguished guests was Louis XVIII of

Home In

France, who stayed at Number 7 for severaldays in 1814 while preparing for his trium-phant return to Paris and restoration asking. In later years, the building served asheadquarters of a yacht club, a tailor shopand home of a literary society:'

Notre Dame added its own history andtraditions, taking occupancy of the buildingin the early 1980s under a lease containingextraordinarily favorable terms in a de-pressed real-estate market. At the time, theLaw School's summer and second-year pro-grams for J.D. students formed the core ofthe University's presence in London, al-though the M.B.A. program had recentlyadded a semester-long program. In 1981,however, the University opened the doors ofthe London "campus" to undergraduates inthe College of Arts and Letters, beginning asemester-long program for juniors. Overthe last two decades, this undergraduateprogram has become very popular with stu-dents and faculty alike. In 1997, the Univer-sity added a number of courses to make theprogram practical for juniors from all fourundergraduate colleges. And while thisprogram growth has gone a long way towardmaking Notre Dame the leading researchand doctoral university in terms of the per-centage of students studying abroad, it alsorendered No.7 Albemarle Street entirelytoo small to properly accommodate theUniversity's growing presence in London.

So the University faced a challenge -to find an affordable building large enoughto accommodate the London student body,which numbers about 400 annually, and

By CATHY PIERONEK '84, '95 J,D"

DIRECTOR, LAW SCHOOL RELATIONS

,I

II,

II

I!I

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bright and spacious structure features class-rooms, offices, libraries, social! receptionspace, apartments, a refectory and, in trueNotre Dame tradition, a chapel. The LawSchool occupies two floors of the five-storybuilding with classrooms, a moot-court-room and dedicated law library. The decorincorporates cheery yellow tones and mutedrose tones, with plenty of bright white-painted architectural details and trim. Therefurbished exterior blends nicely with thesurrounding buildings, and subtly conveysNotre Dame's growing presence in London.

In early February, University officersand the Board of Trustees traveled to Lon-don to dedicate Marian Kennedy FischerHall, honoring Mr. Fischer's mother. Inaddition to a formal dedication at FischerHall and a dedication Mass at WestminsterCathedral, the festivities included a recep-tion at the American Embassy and a cer-emony at which the University conferredthe degree of Doctor of Laws, honoris causa,on four prominent Britons: George BasilCardinal Hume, archbishop of Westminster,who gave the principal address at the cer-emony; the Most Reverend George Carey,archbishop of Canterbury; Sister DorothyBell, R.S.C.J., an educator and AIDSministry coordinator; and Lord St.Johnof Fawsley, a prominent Catholic author,

LONDON - AUGUST 2000

barrister, journalist andhistorian.

Celebrating its 30 years inLondon, the Law Schoolhosted a special reception forthe London law faculty, mem-bers of the British legal com-munity including practitionersand educators, and a dozen orso NDLS alumni living in theUnited Kingdom. The eventproved to be a great opportu-nity to thank those who haveworked so hard to make theprogram a success - espe-cially the dedicated faculty and

the practitioners who have made intern-ships available to our students. It served asa way to introduce the Notre Dame LondonLaw Programme to members of the Britishlegal and legal-education communities whomight be interested either in teaching in theprogram or in offering internships to Outstudents, and has given our London alumnia place to call home - 4,000 miles awayfrom home.

And how do the students feel abourthe new building? "I love it;' notes KarenEdmonson '00 of Pleasant Hill, California."The building is beautiful and it's in a greatlocation:' Other students point to nearbyattractions, including the National Galleryjust two blocks east, as some of the manybenefits of the new location.

The London Law Programme formsthe cornerstone of an international-studyprogram that University President ReverendEdward A. Malloy, C.S.c., describes as "the

linchpin of Notre Dame's rapidly expandinginternational presence:' The University'scommitment to the new London facilityserves as a testament to all that has beenaccomplished through that program overthe past three decades, and signals an evengreater commitment to expanding the inter-national outreach of NDLS well into thenext century.

capable of being configuredinto modern classroom, studyand social space. Letters tolocal colleges and universitiesinquiring about unused andrentable space went unan-swered, until a letter from theBritish School of Osteopathyarrived indicating that theschool had recently vacated aCrown property that - de-spite the lack of a sufficientlycolorful history - might besuitable for Notre Dame'spurposes.

From its construction in1906 until 1979, the building served as thehome of the Oxford and Cambridge Men'sClub. According to Geoffrey Bennett, direc-tor of the London Law Programme, "Thebuilding's exterior reflects the discreet gran-deur that was thought to be appropriate toan Edwardian club. The interior incorpo-rates many of the period details to beexpected of a building of this quality,including a sweeping central staircase,imposing reception rooms and marbledfireplaces."

Despite its historical grandeur, the firstimpression of those who surveyed the facil-ity, which had stood vacant for a numberof years, was that a clever real-estate agentmight describe it as afixer-upper," To sayit "needed work" would be quite an under-statement. Nevertheless, the Universityrealized the building's potential, and secureda 99-year lease from the Crown.

Two years later, thanks to a generousgift from the Charles K. Fischer '49 familyof Fort Worth, Texas, this magnificentEdwardian structure in the heart of Londonhas been renovated in a manner that satis-fies the strict planning controls imposed onCrown properties, yet accommodates therequirements of a modern teaching facility,including increased capacity for computerconnections back to South Bend. The

In celebration of the new millennium,the American BarAssociation will hold the second week of its annual meeting in 2000 in London. NDLS will host the meetings of theSection on Legal Education and Admission to the Bar at Fischer Hall,and will host its annual Notre Dame LawAssociation reception at the London campus, most likelyonthe first Sunday inAugust. Ifyou're planning on traveling across the Atlantic for this meeting, watch for details of the meeting and reception in future issues of this magazine.

ou don't have to spendtoo much time in En-gland to realize that theEnglish have a specialrelationship with theirgardens. Understand the

way the English feel about their gardens,and you understand an important aspect ofthe English national character. (I use theterm "English" here advisedly. The Welshand the Scots are not the same - which issomething else you pick up quickly.) Thispoint was first made to me by the formerUnited States Ambassador to the UnitedKingdom, Admiral William J. Crowe Jr. Anadmirer of many things English and himselfa keen gardener, Admiral Crowe often stolemoments from his busy diplomatic scheduleto learn from this nation of gardens andgardeners.

He often remarked that one of thethings that impressed him most about En-glish gardening was the emblematic Englishlawn - carefully weeded, trimmed and,most characteristically, striped. Once, whilevisiting an Oxford college, the ambassadorcame upon a college gardener rolling thegrass to achieve that striped effect. Theambassador asked the gardener for the se-cret to his country's beautiful lawns."There's no great secret;' the gardener re-plied. "You simply water the grass, thenmow it, and then roll it. A few days later,you water it again, mow it, and roll it. Thenkeep doing the same thing for 200 years:'

By the time his assignment ended,Ambassador Crowe had collected quite afew new ideas for his garden back home,including a number of practical suggestionson gardening technique. He had alsolearned some important lessons about pa-tience, care and concern - for beauty, forthe physical land itself, for tradition. Basedon his experience, then, you might concludethat if gardening is your interest, a few

TheReason

hy

months here in England could be a richeducational experience.

But Notre Dame law students go toEngland to study the law, not the lawns.And the question they frequently face iswhether their academic sojourn is time wellspent. What possible reason could there beto cross an ocean to study something thatsurely could be learned just as well from thelaw books and professors on the home cam-pus? Of what benefit is study in London tosomeone who will likely practice law onlyon American turf? And if it is such a greatidea, where is the Harvard London LawProgramme?

Skeptics will point to the fact thatstudents are often drawn to international-study programs for reasons other than theiracademic rigor. Study law in England, andjob interviews likely will include such

By JAMES A. GRESSER '75, '80 J.D.

questions as: "Now tell me, why did youneed to go to London to study corporations?Or international business transactions? Orjurisprudence? Even international law?Couldn't you have studied these subjectsjust as well in South Bend, and surely withfewer distractions?" Behind such questionslies the lurking suspicion that law studentswho come to the London Law Programmesimply decided to "goof off" for a while,away from the watchful eyes of the homecampus.

The doubters have a point. After all,why should a serious law student changelocation in order to learn? If you were dis-cussing art or architecture, for example, youcould answer that a student of these sub-jects needs to see what others have made inorder to learn from their achievements.Whether that argument holds for law stu-dents, especially those who plan to practiceonly American law, is certainly a fair andopen question.

Before attempting an answer, I should,in the interest of full disclosure, acknowl-edge a vested interest in the matter. Havingspent my second year as a Notre Dame lawstudent (1978-79) in the London LawProgramme, having returned to England tostudy for an LL.M. in international law atCambridge, and now having taught in theprogram for the last three years, I may notbe the most objective critic of internationallegal study. On the other hand, my apologiapro vita sua at least has the credibility of afirst-hand account.

To begin with, as third-year studentslearn in Trial Advocacy, let me freely con-cede the weak points. Yes, students couldread the same books just as easily at home.And yes, faculty members are not necessar-ily better just because they are not Ameri-can, nor are their pedagogical methods sovastly different from or superior to theirAmerican counterparts.

What is unique about studying law inEngland, however, what gives it real value asa professional learning experience forAmerican lawyers, is something simply not

offered in the United States. It is somethingthe students have to seek out on their own,largely outside the confines of Fischer Hall,the University's magnificent new teachingfacility in London, and the traditional ap-proach to education it represents.

To find it, they must bring with themto London a precious heirloom. Somethingthey will give no thought to packing. Imean, of course, the American legal tradi-tion. In so many ways, this tradition is alegacy Americans inherited from the Britishwhen our republic was born. It is a legacyof legal principles, a way of thinking aboutlaw, a language of law and, perhaps mostimportantly, a way for ordinary people tolive in a society governed by law. Once thestudents arrive in England, they have theopportunity to look closely at how, in theliving laboratory of British society, the samegeneral legacy has grown and developed intoits present form, and how that growth anddevelopment differs from and compareswith the American experience. If they takethe task seriously - and seeing is alwayshard work - they will find the similaritiesas well as the differences striking and sur-prising, and will come to a much deeperunderstanding of how law shapes a societyand how society reciprocates.

To take advantage of this opportunity,the law students must wisely use their timeoutside the classroom and the library. Theymust see for themselves how British lawsare made by visiting the Houses of Parlia-ment. They must see for themselves howBritish laws are enforced by visiting the OldBailey, the Royal Courts of Justice and theCrown Courts, and by talking to Britishlawyers. The learning, however, must notstop there. To see how the law really works,our students must recognize that the mostimportant role the law plays is not in thecourts dedicated to addressing its occasionalbreach, but rather, is in the society where itis observed and respected on a daily basis -where, if you will, the law is "practiced" byeverybody. In London, students have theopportunity to observe British society inaction. They can listen carefully to what

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British people say - most often indirectly- about the operation of law in their soci-ety. They can read, watch and listen to theBritish media, paying critical attention tothe role of law in this society beyond theprofessional activities of lawyers, judgesand lawmakers.

As law, like so many things, becomesincreasingly global, the practical advantageof understanding other legal systems canbe easily recognized as good in itself. Theeducational benefits of our London LawProgramme extend, however, even to thoselawyers who will never practice outside alimited field in their home jurisdictions. Astudent who plans to practice criminal law,for example, can seek to understand therelationship between criminal law andcriminal activity in Britain. The UnitedKingdom has no death penalty, and yet Brit-ain has far fewer crimes per capita than theUnited States of the sort that would war-rant a death sentence. Does this revealmore about the homogeneity of British soci-ety, or more about the deterrent effect of thedeath penalty? Britain is generally perceivedto be a safer society in America. Is this be-cause the American legal system has failed, orbecause the American people have failed?

Our students should also take noticeof what they do not find in the British me-dia. In the States, for example, abortionremains a"hot burton" issue in many politi-cal campaigns, while in Britain abortion as apolitical issue is mentioned rarely if at all.Why is that? Or consider that the liabilityof tobacco companies for causing cancer isthe subject of some of the largest potentialsettlements in the history of American liti-gation, while American tobacco sales inBritain and Europe are booming. To smokein America is considered declasse. ManyBritons, on the other hand, find the Ameri-can intolerance of smokers a sign of badmanners. Is society shaping the law, or is itthe other way around? Or is this an ex-ample of the dialectic between the two?

If these examples seem a bit narrow,consider some of the larger constitutionalissues being debated in the British public

forum. In 1776, the Englishmen whofounded the United States wrote to theirerstwhile king to inform him, somewhat tohis surprise, that governments were insti-tuted to secure the rights of citizens, andthat they derive their legitimacy from theconsent of the governed. Our students inthe London Law Programme now have theopportunity to listen carefully as the citi-zens of modern Britain consider whetherand how to give their consent to an emerg-ing European government, while simulta-neously devolving legislative authority tonew assemblies in Scotland and Wales aswell as redesigning the House of Lords.Such debates offer our students an excellentopportunity to consider how well theUnited States Constitution would meetsimilar challenges.

These examples illustrate what is, inthe end, the reason international legal study- particularly in England - can be soworthwhile: By living in this society and bylooking critically at the pervasive role of lawwithin it - something that cannot be donein South Bend - our students can comparethe legal fabric of British society with thatof their own. The principles at the heart ofthe law Notre Dame lawyers will practiceare so closely woven into the fabric of oursociety at home that many people barelynotice them, or worse, take them forgranted. In the course of a year in London,however, the similarities and differencesbetween the two legal systems stand our in away that puts the operation of law in societyinto sharp relief.

Seeing the elements of a common heri-tage of British legal tradition at work here,bur in a different arrangement and in a dif-ferent relationship to the British people, ourstudents come away with more than just avaluable understanding of the British sys-tem. They become better able to discern, tounderstand how things might be otherwise- for better and for worse. This experi-ence will prove uniquely valuable to ourstudents in their professionallive& a!;h",·yers, judges and perhaps even lawmakers inthe years ahead.

JAMES A. GRESSER, A DOUBLE·DOMER WHO SPENT HIS SECOND YEAR OF LAW SCHOOL IN THE LONDON LAW

PROGRAMME, IS ATTORNEY·IN·CHARGE WITH THE UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION,

EUROPEAN OFFICE, AT THE AMERICAN EMBASSY IN LONDON, ENGLAND. DURING THE 1998·99 ACADEMIC YEAR AS

AN ASSOCIATE PROFESSOR OF LAW IN NOTRE DAME'S LONDON LAW PROGRAMME, HE TAUGHT A COURSE IN

INTERNATIONAL ENVIRONMENTAL LAW TO THE PROGRAM'S J.D. AND LL.M. STUDENTS.

Juan E+ MendezA DYNAMIC LEADER WORKING FOR PEACE AND JUSTICE

ince the death of Rever-end William E. Lewers,CS.C, in April of 1997,the University and theLaw School have en-gaged in a worldwide

search for his successor as director of theCenter for Civil and Human Rights(CCHR). During his decade as the center'sdirector, Father Lewers developed theCCHR into an internationally recognizedleader in the field of international human-rights education. He reformed the center'smission and institutional structure by add-ing a unique graduate teaching program tothe existing research and service activitiesdeveloped by his predecessors, formerCCHR directors Professor HowardGlickstein and Professor Donald Kommers.And now, this October, the CCHR willwelcome its fourth director - a visionaryleader and outstanding human-rights lawyerwho plans to strengthen the center's existingdegree programs and expand its influenceboth abroad and at home.

Juan E. Mendez, a native of Lomas deZamora, Argentina, has dedicated his legalcareer to the defense of human rights, andwill bring to the CCHR a long and distin-guished record of human-rights advocacythroughout the Americas. He hopes tobuild on the strong international reputa-tions of the CCHR, the Law School and theUniversity to effect true change in interna-tionallaw issues such as human rights andpeace, and international criminal justice forwar crimes and crimes against humanity.

He earned his law degree from StellaMaris University, a Catholic university inMar del Plata, Argentina, in 1970. He be-gan his human-rights work as a studentleader trying to encoutage the implementa-tion of social reforms promoted by the Sec-ond Vatican Council in a country whereweak civilian governments, suddenly re-placed by oppressive military dictatorships,dominated the political landscape. As alawyer, he began his practice by servingthose who wanted to change the normsimposed by those dictatorships.

Specifically, he represented trade unionsworking for labor reform, but quickly be-came involved in representing political pris-oners. It was dangerous work. Many of thebetter-known lawyers who representedthese political prisoners left Argentina outof fear. Many of those who stayed faced thevery real prospect of being executed by thegovernment. As a young and relatively un-known lawyer, he was able to work on thesecases quietly between 1970 and 1975. Butas he became more successful and betterknown, he was arrested, tortured and even-tually placed in administrative detentionunder the "state of siege:' The Argentiniandictatorship held Mr. Mendez for a year anda half without bringing formal chargesagainst him. More than one hundred otherlawyers suffered similar treatment, most ofthem for even longer periods.

The United States government, at theurging of the American family with whomhe had lived while an exchange student,pressed for his release. Amnesty Interna-tional adopted him as a"prisoner of

IN HISANNUALADDRESS to the University facultylast October, President Edward A. Malloy,C.s.c., high-lighted the strengths of academic programs across theUniversity. Among the Law School programs men-tioned, Father Malloy noted the significance of theCenter for Civil and Human Rights. "If you think, forexample, about the dilemma between England,Spainand Chile right now, with former (Chilean) PresidentPinochet and all of the things that bring to the surfacethe role of immunity from prosecution and how thisaffects Rwanda, Burundi, the former Yugoslavia,North-ern Ireland and many other places, the role of theCenter for Civil and Human Rights and the kind ofinternational perspective that [its faculty and students)bring to the campus is visible when you see those whoparticipate in [the center's) programs and the range ofcountries and cultures represented. I really do believewe can have a major impact on how we think collec-tively about the present world order:'

The center's faculty contribute to the discussion ofpeace, justice, human rights, civil rights and the presentworld order in a number of ays - sponsoring and co·sponsoring conferences at the University, participatingin conferences and the of international organiza-tion around the ,and teaching and writing abouthuman-rights issues and intenlationallaw.

The summer 1'In issue of Notre Dome Lawrerhighlighted the center's faculty,whose scholarly interestsarewide~.

• Professor Dinah Shelton concentrates her teach-ing and scholarship on international human rights lawand international environmentIf law. She has publishedor re'Iised three human-rights teXts in the last fouryears. and has sened as a consultant to the UnitedNations, the European Community, the Council ofEurope and wrious governments and nongovernmentalorganizations. She has lectured on international-lawtopics around the world - most recently in Swiaer-land, Hungary, Japan and New Zealand, in Iowa City,andin Funehal on the Island of Madeira. Last June shetaught a course on Environmental Rights at the Acad-emy of European Law in Rorenee,ltaly.

conscience:' When exrrarerritorial pressuresgrew too grear, the Argentinian governmentreleased him - actually escorting him fromdetention direcdy to an airplane bound forParis. After reuniring with his wife andchildren, who had spent rhe last few monthsof his detention in Brazil awairing hisrelease, he came to the United Stares.

With the help of his American family,he settled in Illinois and continued his hu-man-rights practice, working for the Catho-lic Church in Aurora, Illinois, to protect therighrs of migrant workers. In 1978, at therequest of the Lawyers' Committee for Civil

• Associate Professor Paolo Carozza clerked forChief Justice Edward C. Kingof the Supreme Court ofthe Federated States of Micronesia. As an associate atthe Washington, D.C., law firm of Arnold & Porter, heengaged in international-law practice and significanthuman-rights pro bono work. He has had experience asa researcher at the University of Chile and as a visitingprofessor at the University ofTrent (Ita~). He has co-authored two books and a number of articles on com-parative law and human rights, including a co-authoredbook on the Supreme Court of Argentina published inArgentina in 1995, and Uses ond Misuses of Low in Inter-national Human Rights: Some Re~ections on the EuropeanCourt of Human Rights published in volume 73 of theNOTREDAMELAwREVIEWlast year.

• Garth Meintjes '91 LL.M" associate director ofthe center, teaches and writes in the areas of interna-tional criminal law,human-rights ethics, internationalhumanitarian law and human-rights research methods.He has established a number of human-rights intern-ships and service projects around the world both togive graduates of the center's LL.M.programs practicalexperience in human-rights law and practice, as well asto further the cause of peace and justice. In 1994,withfinancial assistance from the MacArthur Foundation, heestablished an internship program for the InternationalCriminal Tribunal for the former Yugoslavia,and hassince broadened the center's internship opportunitiesto include such notable institutions as the InternationalCriminal Tribunal for Rwanda, the Inter-AmericanCommission of Human Rights, the United NationsHuman Rights Centre, the African Commission onHuman and People's Rights,and the Inter-AmericanInstitute of Human Rights in Costa Rica. He has orga-nized a number of conferences at the University on thetopic of international human rights, including one thisMarch titled "The Permanent International CriminalCourtWili it Make a Difference for Peace and HumanRights:'

Righrs Under the Law, he moved to Wash-ington, D.C., to help in the committee'swide-ranging civil- and human-rights pro-grams. In 1982, the then-nascent organiza-tion now called Human Rights Watch askedhim to start its Americas program (thencalled "Americas Watch") and to open itsWashington, D.C., office. For 15 years, heworked with Human Rights Watch, concen-rraring his efforts on human-rights issues inthe western hemisphere, and helping tobuild the organizarion into one of the mostwidely respected human-rights nongovern-mental organizarions in the world. In 1994,

• Ada Verloren Van Themaat '90 LL.M, joined thecenter this past fall as assistant to the director. Sherepresented NDLS at the recent meeting of the AfricanCommission for Human and Peoples' Rights,has helpedcoordinate the center's March conference on thePermanent International Criminal Court, and assists inthe center's other programs.

• William P. Hoye, associate vice president andcounsel and concurrent associate professor of law,hasjoined the center's LL.M.program in internationalhuman rights. His interest in this area grew out of workhe has performed at the University in developing theUniversity's code of conduct for licensees, adopted in1996 and the first code of its kind in anyAmericanuniversity. He chairs a campus-wide task force toexamine the more complex issues surrounding the"sweatshop" question, including whether to requirepublic disclosure of all manufacturing sites whereUniversity-licensed products are made, whetherto require the payment of a livingwage, and whetherto require companies not to interfere with the rightto free association and the right to organize. Heis also involved in the University's efforts withPriceWaterhouse Coopers to independently monitorfactories that manufacture University-licensed products- another first in higher education.

"I really do believewe can have

a major Impacton how we think

collectivelyabout the

presentworld order:'

REVEREND EDWARD A. MALLOY, C.S.C.

he became general counsel of HumanRights Watch, with worldwide duties insupport of the organization's mission andwirh responsibility for the organizarion'slitigation and standard-setting activities. In1996, he became the executive director ofthe Inter-American Institute of HumanRighrs in Costa Rica where, among otherthings, he has had the opportunity to teachabout human rights to police and militaryofficers, lawyers, journalists, public officialsand others throughout the Americas.

Along with all of his international hu-man-rights experience, Mr. Mendez brings a

familiarity with Notre Dame as well. Hefirst became aware of the work of FatherLewers and the CCHR in 1993, when thecenter published the English translation ofthe Report of the Chilean National Com-mission on Truth and Reconciliation, whichremains the most thorough documentationof human-rights abuses in Chile during thePinochet regime. He has also had the op-portunity to study and teach at the Univer-sity. In 1994, the Helen Kellogg Institutefor International Studies invited him tocampus as a guest speaker. In the 1996 fallsemester, as a visiting fellow at the KelloggInstitute, he also taught in the CCHR'sLL.M. program. And in 1998, the CCHRhonored him with its inaugural ReverendWilliam E. Lewers, C.S.c., InternationalAward for Distinguished Service in Civiland Human Rights.

Mr. Mendez sees the directorship ofthe center as the next logical progressionof his career in human-rights law. Whileat Human Rights Watch, he helped directresearch into human-rights abuses, particu-larly in the western hemisphere. And as theorganization's general counsel, he becameaware of the complexities of the develop-ment of international law in the area of hu-man rights. Beginning in 1992, he has had anumber of opportunities to teach human-rights law, including at Georgetown Univer-sity, at the Johns Hopkins University Schoolof Advanced International Studies, andmost recently at the Oxford UniversitySummer Program in International HumanRights Law. Teaching, therefore, has be-come an ever-increasing part of his interestin the human-rights movement. This inter-est has continued to grow through his du-ties at the Inter-American Institute. As thedirector of the CCHR, he will have the abil-ity both to teach and to research key hu-man-rights issues, and a sttong platformfrom which to address major civil- and hu-man-rights issues all around the worldthrough teaching, writing and sponsoringconferences.

He sees the LL.M. and J.S.D. pro-grams as the mainstays of the center, andwill continue to strengthen the program'sofferings to its students. He plans to

•12

As the director of the

CCHR, [Mr. Mendez] will

have the ability both to

teach and to research key

human-rights issues, and a

strong platform from

which to address major

civil- and human-rights

issues all around the

world through teaching,

writing and sponsoring

conferences.

capitalize on the unique features of the pro-gram that distinguish it from other LL.M.programs, especially the international stu-dent body and the postgraduate human-rights internship program that has sentNotre Dame lawyers to work for humanrights all around the world, including, forexample, at the international criminal tribu-nals for the former Yugoslavia and Rwanda,with the Catholic Church in Guatemala,and with civil- and human-rights organiza-tions in South Africa.

Building on this strong foundation,Mr. Mendez plans to make the work of thecenter accessible to the rest of the LawSchool community - in particular, the J.D.students. He recognizes the gap betweenthe J.D. students and the center's LL.M. andJ.S.D. students; and hopes to bridge that gap

by offering courses oriented to U.S. civil-rights issues. He believes such programswill appeal to J.D. students and will have thebeneficial side effect of exposing them to themyriad of opportunities available in thefields of civil rights and human rights notonly in oppressed nations around the world,but also at home in the United States.

Beyond teaching, Mr. Mendez believesthat the center is in a strong position tointervene in major international law issuesbeyond human rights, including interna-tional criminal justice - noting specificallythe current Pinochet case. He knows frompersonal experience the high quality of thecenter's graduates and the respect theseNotre Dame lawyers enjoy throughout theworld. And he comments that the Univer-sity of Notre Dame commands respectworldwide for its moral authority and thequality of its educational platform. He be-lieves this combination will make it possibleto effect true and lasting change in areas ofthe world that lack a strong moral founda-tion to their systems of justice.

But as he prepares to lead the centerinto the next century, he reminds all NotreDame lawyers that working toward civiland human rights is not simply the respon-sibility of those few individuals educated bythe center each year. He urges all NotreDame lawyers to find ways to become in-volved in the causes of civil and humanrights both at home and abroad, and toparticipate in the work of the center -through attending conferences, providingfinancial support for students and for re-search projects, or by taking a more activerole as a member of the Notre Dame Advo-cates for Human Rights (please see page46).

For a quarter of a centuty, the Centerfor Civil and Human Rights has been mak-ing a difference in the lives of oppressedpeople all around the world. And now, un-der the new and exciting leadership of Mr.Juan Mendez, the center and its graduateshave the opportunity to branch out in newdirections and make even greater impactsabroad and at home. We welcome him,and welcome the new challenges he bringsto all of us.

VISIT THE CENTER FOR CIVIL AND HUMAN RIGHTS WEBSITE AT http://www.nd.edu/-cchr.

•13

work with the National Institute of TrialAdvocacy, have presented a number oftrial-advocacy, witness-deposition andteaching-techniques programs in BritishCommonwealth countries and elsewherearound the world. As a member of the ad-junct faculty of the Nottingham Law Schoolin Nottingham, England, Judge Brook hastaught advanced litigation techniques andhas presented a course on lecture techniquesin the teaching of advocacy. ProfessorSeckinger has presented programs on trialadvocacy in Edinburgh, Scotland; on expert-witness preparation in London, England,and Toronto, Ontario, Canada; and on wit-ness-examination techniques in Toronto.He has also been instrumental in preparingthe prosecutors for the International Crimi-nal Tribunal in Rwanda as they approachthe upcoming war-crimes trials.

Specialties - International Stylenumber of faculty mem-

bers have become in-volved in internationallaw through their spe-cialized areas of teachingand scholarship, either by

adding an international dimension to a tra-ditional substantive course or by developingcomparative scholarship in a specialty area.

• In the criminal law arena, Professor G.Robert Blakey '57, '60 J.D. and AssociateDean and Professor Jimmy Gurule haveparticipated in conferences and developedscholarship on international criminal lawtopics. Professor Blakey, the nation'sforemost authority on racketeering andwiretapping laws, has consulted with repre-sentatives of the Japanese Supreme Courton US. wiretapping laws and practices, hasgiven presentations to US. and Canadianlaw-enforcement officials on organized-crime prosecutions, and has addressed thepossible application of US. racketeeringlaws (RICO) to international human-rightsviolations. Professor Gurule, who pros-ecuted drug-trafficking crimes while withthe Department of Justice, has given presen-tations on international cooperation in ptoS-ecuting illicit-drug trafficking, and hasparticipated in workshops sponsored by theAmerican Bar Association and the Depart-ment of Justice to assist former SovietSocialist Republics and members of theWarsaw Pact in their efforts to democratizetheir criminal-justice system. He also co-authored the first legal textbook coveringinternational criminal law, INTERNATIONALCRIMINALLAW:CASESANDMATERIALS(Carolina Academic Press 1996).

• Building on his decades-long interest inthe law of education, Associate DeanFernand N ."Tex" D utile '65 J.D. has pub-lished a number of articles comparing thelaw of education in the United States withsimilar laws in British Commonwealthcountries, including: Law and GovernanceAffecting the Resolution of Academic and Disci-plinary Disputes at Scottish Universities: AnAmerican Perspective in the INDIANAINTER-NATIONAL& COMPARATIVELAWREVIEW,

which grew out of research he did as a se-nior visiting fellow at the University of Ab-erdeen, Scotland; and Law, Governance, andAcademic and Disciplinary Decisions in Austra-lian Universities: An American Perspective inthe ARIZONAJOURNALOFINTERNATIONALANDCOMPARATIVELAW. Since 1996, hehas served as an invited member on theeditorial board of the British journal LAW& EDUCATION.

• Professor Barbara F ick has extended herlabor-law specialty into eastern Europe,having participated in seminars on interna-tionallabor standards and worker rights inBosnia and on trade union's rights in Po-land, and has published articles relating tothose conferences. In addition, in 1997, sheprepared the United States National Reporton "Discrimination in Employment" for the15th World Congress of Labor Law andSocial Security in Buenos Aires, Argentina.

• Roger Jacobs, associate dean and directorof the Kresge Law Library, regularly con-sults with Canadian law libraries, and in1998 was honored by the Canadian Associa-tion of Law Libraries for his efforts, while atthe University of Windsor (Ontario) LawSchool, in moving the Canadians from aregional chapter of the American Associa-tion of Law Libraries (AALL) to an inde-pendent national association that today hasalmost 500 active members and has becomea major force in the development, deliveryand preservation of legal information acrossCanada. Janis Johnston, librarian and asso-ciate director of the library, has representedNDLS and the AALL at international pro-grams, including a recent program in Romethat focused on developments in interna-tional private law.

• Professor Walter F."Jack" Pratt, whosescholarship concentrates on legal history,organized a symposium on "Irish Legal His-tory" for the University of Galway andmembers of the Irish Legal History Societyduring his academic leave in Ireland.

• Professor James Seckinger '68 J.D. andHonorable Sanford B rook, through their

• ProfessorJ. Eric Smithburn has addedan international dimension to his scholar-ship in family law by teaching a course incomparative family law in the London pro-gram. He has spoken on international childabduction and the Hague Convention, andhas served as a cons ultanr to the AncillaryRelief Advisory Group in Britain, whichprepared for presentation to the BritishParliament a set of recommendationson property division and antenuptialagreements.

• William P. Hoye, associate vice presidentand counsel and concurrent associateprofessor of law, has presented programson legal issues that need to be consideredin international-study programs at theNational Conference on Law and HigherEducation, hosted annually by StetsonUniversity. At this spring's conference, heserved on a panel with Associate ProfessorJohn Robinson '72 M.A., '75 Ph.D., Uni-versity Vice President and General CounselCarol Kaesebier and John Hall, a Britishsolicitor at the Eversheds law firm inLondon, discussing risk-managementissues for American universities abroad,contrasting the American view of thoseissues with the views of lawyers in hostcountries.

•14

A Different Kind of Law School

DownOnder"

"

otre Dame lawyersaround the world haveleft their marks on thelaw and legal practiceabroad through theirpersonal efforts on behalf

of oppressed people, in helping emergingdemocracies establish legal systems, and ingoing about the everyday business of law astrue professionals. Reflecting on these ac-complishments brings a sense of pride toNotre Dame lawyers, realizing that col-leagues, friends and fellow alumni workevery day of their lives to make a significantdifference in peoples' lives all around theworld.

Bur what about the contributions ofNDLS as an institution on the general courseof legal education and law practice abroad?Do the institutional ideals ofNDLS matteranywhere bur in northern Indiana or in thehearts ofNDLS alumni? The answer is"yes" - at least for Catholics and lawyersin Australia.

When the University of Notre DameAustralia set out to establish its own"different kind of law school;' foundingdean Greg Craven turned to NDLS forinspiration. And with its strong, NDLS-inspired emphasis on ethics, morals and

professionalism in the law, the College ofLaw at ND-Australia has already madesignificant impacts on law and on legal edu-cation and practice "down under" - eventhough the college's first graduation cer-emony is still more than a year away.

Like most of the western world, Aus-tralians face significant challenges to legalpractice and to the law itself - from practi-cal matters such as a general lack of ethicsand civility among attorneys to more com-plex matters such as reproductive freedom,euthanasia and other bioethical questions.Bur Australians address these issues in anenvironm~nt very different from many west-ern democracies. More than three-quartersof the Australian population identifies itselfas Christian, with 26.1 percent of the popu-lation Anglican, 26 percent Roman Catholic,and 24.3 percent other Christian, accordingto 1998 data. Yet unlike most western de-mocracies with large Christian populations,whose long-standing legal and ethical normsderive from the millennia-old judeo-Chris-tian religious tradition, Australian cultureand law are dominated by the comparativelynew ideals of secular humanism - that is,in the belief that people are capable of self-fulfillment and ethical conduct withoutrecourse to supernaturalism or without

By CATHY PIERONEK '84, '95 J.D.,

DIRECTOR, LAW SCHOOL RELATIONS

reliance on God. It is, according tosome, the world's first post-Christiandemocracy, coming of age as it did in thepost-Enlightenment period.

For some, the post-Enlightenmentideological framework within which Austra-lia has developed as a nation has created aserious crisis in values in Australian society.To work toward stemming the effects of thiscrisis and creating a values-based culture inAustralia, a group of prominent Catholicsdetermined that Australia needed strongmoral and ethical leadership, and further,that Australia's publicly-funded higher edu-cation system could not meet this need.

These visionaries - who included intheir discussions University of Notre DamePresident Emeritus Reverend Theodore M.Hesburgh, C.S.c., and NDLS Dean DavidT. Link '58, '61 J.D. - believed that invest-ing in values-centered higher educationwould produce a strong cadre of ethical andmoral leaders who would be well equippedto address the difficult issues facing Austra-lian society. And so they petitioned theAustralian government to charter a Catholicinstitution of higher education - the firstand only one of its kind in Australia. In1989, an Act of Parliament established theUniversity of Notre Dame Australia - an"independent university committed to theadvancement of learning, knowledge andthe professions within a context of Catholicfaith and values:'

Although not technically or legallyaffiliated with the University of NotreDame or with the Congregation of HolyCross, the University of Notre Dame Aus-tralia shares what could be termed spiritualand intellectual affiliations with NotreDame. Nfx-Australia's promotional litera-ture toutS these spiritual and intellectualties, stating that ND-Australia has drawnmuch of its founding inspiration and phi-losophy from, in their words, "that out-standing Catholic University:' Dean Cravenhas commented that what most impressedhim "about the entire University of NotreDame was its ability to provide a commu-nity of Catholic education - rather than[being] JUSt an educational institution:'This is something he hopes to achieve half aworld away in Fremanrle.

Notre Dame has provided much morethan inspiration for ND-Australia. Notre

Dame has loaned ND-Australia strong lead-ers. From 1991 to 1993, Dean Link servedas founding chancellor ofND-Australia,and in that role helped establish a culture atND-Australia that embodies the best ofeverything that Notre Dame means to itsstudents and alumni, including pastoral carefor students and an emphasis on communityservice. And Dean Link and FatherHesburgh have maintained strong ties withND-Australia as trustees of that university.Notre Dame has also given ND-Australiathe benefit of more than 150 years of experi-ence in higher education, guiding ND-Australia in its efforts to become a strongeducational institution as well as a domi-nant moral force in Australian culture.

The founders of N'D-Ausrraliadreamed of establishing a university thatcould train Catholic leaders to address someof the most serious problems facing Austra-lian society. They believed that a values-based education would be the key toensuring that Australia, as a nation, devel-oped a culture of respect for life along witha culture of ethics and morality in businessand professional practice. To help achievethese goals, the ND-Australia administra-tion established key educational programsfrom the start, initially offering only anundergraduate degree in education, tostrengthen the supply of teachers for thenation's Catholic primary and secondaryschool systems. Soon after, N'D-Ausrraliaadded undergraduate degree programs inthe arts and business, to educate the

professionals who would be instrumental inshaping the direction of Australian society.

But truly Catholic higher educationrequires more than just earning a degreefrom an institution affiliated with theCatholic Church. In Notre Dame's experi-ence, it means engaging in an educationgrounded in the Catholic intellectual tradi-tion. So to ensure that these new leaderswould approach their professional lives witha profound respect for Catholic morality,N'D-Ausrralia also established courses ofstudy in the disciplines that form the cor-nerstones of Catholic thinking, developingundergraduate majors in theology and phi-losophy, and in 1996 adding an undergradu-ate program in law. Today, this younguniversity also offers master's degrees ina number of education, arts and businesssubjects, and plans ro offer a master oflaws program once its undergraduate lawprogram is fully established.

With Notre Dame as its spiritual andintellectual inspiration, ND-Australia hascreated core educational programs to de-velop strong moral leadership for Australiain the 21st century. But ND-Australia alsofaces some unique challenges in its effortsto bring about marked moral and ethicalchanges in a democratic society dominatedby the ideals of secular humanism.

Claimed as part of the British Empirein 1788, Australia became an independentfederation with the consent of the Crown in1901. In formulating their constitution andsystem of government, Australians drew on

the political traditions of both Britain andthe United States. The nation retainedthe British-style governmental structureadopted during the colonial period, butincorporated an American-style writtenconstitution to define the powers of thenational government and the relationshipbetween the federal and state (formerly co-lonial) governments. But missing from thishybrid of British and U.S. governmentalstyles is much of the substance that ani-mates British and U.S. law - specifically,the Judeo-Christian religious tradition thatprovided the framework within which Brit-ish and U.S. law developed. And althoughmany factors have conspired over the lasttwo centuries to reduce the influence ofreligion-based values on U.S. law in particu-lar, the underlying framework of the U.S.Constitution - the protection of thoseGod-given and inalienable rights of life,liberty and the pursuit of happiness -remains a driving force in American consti-tutional interpretation.

In contrast, consider this summary ofthe influence of secular humanism in Aus-tralia. Speaking to the Global CulturalDiversity Conference meeting in Sydney inApril 1995, Australian Prime Minister PaulKeating remarked that Australians "have in

•16

our modern nationhood at least some of theelements of a Zl.st-cenrury model - diver-sity, tolerance, openness and worldlinesswithin the boundaries of national purposeand cohesion." These are the humanisticvalues that define Australian society.

In Dean Craven's opinion, this depar-ture oflaw and legal practice from a natural-law foundation has created the currentvalues crisis in Australia. Examples of thiscrisis abound, especially with regard to re-cent legislation. Consider two examples.The Northern Territory recently enacted aeuthanasia law more liberal than prevailinglaw in the Netherlands, which borders dan-gerously close to mandatory termination oflife. Around that same time, Western Aus-tralia attempted to enact abortion lawsmore permissive than those of every othernation except the People's Republic ofChina.

So when the N'D-Ausrralia Collegeof Law opened its doors in 1996, it faced anobviously challenging environment for thelaw, and consequently, for legal education.But as the only Catholic law school in thecountry, ND-Australia seems to have foundits niche very quickly.

Dean Craven credits much of thissuccess to the influence ofNDLS on many

aspects of the law program, including thepersonalized admissions process, thecurricular emphasis on law as an ethicaldiscipline as well as a profession, and thecollege's goal of providing a rigorous andhighly practical curriculum directed towardproducing first-class practitioners.

While Australia's 20 public law schoolshave struggled to fill their classrooms withbright students, ND-Australia boasts a sur-feit of qualified applicants. And selectingfrom that applicant pool presents challengessimilar to those faced by NDLS each year.Dean Craven describes the intentional simi-larities. "We get a lot of applicants who,based on their 'numbers: could walk in thedoor of any law school in this country. Butwe reject many of these top academic candi-dates. Our challenge involves selecting stu-dents who will be the kinds of lawyers thatcan have a positive impact on the law andon legal practice:' Through interviews andreferences, along with an assessment of sec-ondary-school grades and test scores, DeanCraven strives to admit students with the"personality, conscience, ethical intelligenceand practical intelligence" necessary to be-come ethical and moral practitioners andleaders of Australian society.

And he and the rest of the faculty puta tremendous amount of effort into ensur-ing that students receive the maximumbenefits from a very personalized educa-tional process. The first two classes willgraduate around 60 students each, and theeventual cap on enrollment will be 80 stu-dents per class year. Dean Craven believesthat individual courses should have no morethan 30 or 40 students each to allow stu-dents to benefit from the personal attentionneeded to develop into highly skilled, as wellas ethical and moral, practitioners.

The curriculum concentrates in twosubject areas: "land law" and ethics. "Landlaw" in Australian legal education involvesstudying the development of the system ofptoperty interests in Australia as well as thepervasive nature of property concerns inmodern society. The ethics part of the cur-riculum - much like at NDLS - includesformal instruction in the foundation of themoral and ethical concepts that influenceapproaches to life, society and the practiceof law, as well as ethical discussions relevant

, 'l'he tJbiverlity

to every substantive subject taught. Andmuch like NDLS, the curriculum is verystructured, allowing only five electivecourses over four years of instruction toensure that graduates are well qualified tobe competent practitioners and influentialadvocates.

When asked why the fledgling Univer-sity decided to step into a saturated andotherwise challenging legal education mar-ket, Dean Craven reflects upon the tradi-tions of Catholic higher education. "Ifyou're going to have a great Catholic univer-sity, it's incredibly important to study cer-tain disciplines. In the Catholic tradition,three areas stand out as necessary for a greatCatholic university - theology, philosophyand law:' He also believes that it is not pos-sible for the Church to have any influenceon the secular Australian society withoutCatholic-trained advocates to influence law-and policy-making.

Following a similar line of thinking,ND-Australia soon will open a college forthe study of health sciences to educate

•17

members of the health-care professionswithin a moral and ethical framework.Dean Craven sees collaboration between thehealth-sciences programs and the College ofLaw as an essential part of the University'sefforts to provide a values-based input tonational debates on legal-medical questionssuch as euthanasia, abortion and bioethics.

And although ND-Australia has yetto graduate its first class of Notre Damelawyers "down under;' it has already mademajor impacts on legal education and lawpractice in Australia. ND-Australia's inno-vative community-service requirement madefront-page news in local and national news-papers. Faculty of the College of Lawworked with the Australian federal govern-ment to overturn the liberal euthanasia leg-islation passed in the Northern Territoryand to block passage of the proposedabortion legislation in Western Australia.And ND-Australia was invited to sendtwo delegates to the recent AustralianConstitutional Convention - more thanany other law school in the country.

Dean Craven hopes that the ND-Australia College of Law will continue to bea tremendous support to a profession incrisis in his country. Early indicators pointto great potential for success. The programhas very quickly established a great reputa-tion among Australian legal professionalsfor its rigorous and practical curriculum,and for its responsiveness to the needs ofthe profession.

Moreover, Dean Craven hopes thatNDLS and N'D-Australia will develop evenstronger ties through student- and faculty-exchange programs and other collaborativeefforts. The program hopefully will includeinternships or clerkships with Australianfirms, and will give NDLS students the op-portunity to expand their education into theincreasingly important area of internationallaw in Asia and the Pacific Rim. An addedbenefit of this program for NDLS will bethe presence of an equivalent number ofND-Australia students and perhaps facultyat NDLS for one semester.

NDLS has built on its heritage andtraditions over the course of 130 years tobecome a different kind of law school -one that emphasizes faith and values in thepractice of law, as well as community spiritinside and outside the classroom. Inspiredby that success, and cognizant of the keyfactors that have contributed to that suc-cess, ND-Australia has created its owndifferent kind of law school and has adaptedto the specific needs of legal education inAustralia. And through collaborativeprojects in the future, NDLS and the Col-lege of Law at ND-Australia together canuse a shared understanding of the role ofCatholic legal education in the practice oflaw and in society to promote ethics andvalues in Australian and U.S. political andsocial systems.

Dean Craven and the ND-AustraliaCollege of Law are attempting ro do some-thing differentdown under:' Their owndifferent kind of lawyer will provide moraland ethical input to important legal debates,raising a perspective often ignored in Aus-tralian political debates. Expect nothing lessfrom any Notre Dame lawyer.

VISIT THE UNIVERSITY OF NOTRE DAME AUSTRALIA'S WEBSITE AT http://www.nd.edu.au.

AFT E R

HOURS

T r

•18

a v e 1 5Wit h an It nerant Trial Advocacy Teacher

FORTY-FIVE OF THE 50 UNITEDSTATES, six of the 10 provinces ofCanada, Panama, England, Scotland,Ireland, Australia, New Zealand, Malaysia,Singapore, Israel and Africa.

Name a city in the English-, French-or Spanish-speaking world of common-lawtrials, and Professor James Seckinger '68J.D. has probably been there, either throughhis writings or in person, teaching law stu-dents, lawyers, expert witnesses or judges inthe art and skill of trial advocacy in a com-mon-law courtroom, or training aspiringteachers in the art and skill of teaching andcritiquing.

Growing up in New Rockford, a smallfarming town in rural North Dakota, Pro-fessor Seckinger didn't travel much, otherthan to see relatives on nearby farms. Herecalls one family vacation to South Dakotato see the Black Hills - a trip that endedearly because his father didn't like driving inthe high elevations. But after high school,Professor Seckinger left North Dakota andstarted on a life of traveling to places hehadn't been before. He attended college atSt. John's University in Minnesota andgraduate school at Vanderbilt in Tennessee,performed research in nuclear physics inChicago, attended law school at NotreDame, and during one summer breakclerked in Washington, D.C. He turneddown a federal clerkship in Minneapolis andone in Birmingham because he'd "been therebefore;' and decided to begin his law

JIM SECKINGER '68 J.D.

practice somewhere new - in Denver.Six years later, he broke his string of

moving somewhere new with each succes-sive career change and returned to NotreDame to teach trial advocacy. "I thought itwas an up-and-coming law school thatwould be supportive of new and creativeteaching and scholarship. I was right -much to my relief - because I had turneddown offers from some law schools consid-ered better than Notre Dame at that time,but not today;' he recalls.

When he came to NDLS, ProfessorSeckinger had already joined the faculty ofthe National Institute for Trial Advocacy(NITA). He shared the latest trial advocacytechniques, scholarship and research withNDLS students, and continued to teach inadvocacy programs and teacher-trainingprograms throughout the United States.His work with CLE programs, law firmsand bar associations nationwide invigoratedhim intellectually, professionally, personallyand as a father. He notes with some pridethat it also helped promote NDLS. "Earlyon in my travels from Notre Dame, I wasoften greeted with the remark, 'Gee, I didn'tknow Notre Dame had a law school: Andnow, thanks to Dean Link and the Univer-sity administration, that refrain is no longerheard:'

NITA moved its headquarters toNDLS in 1979, the year Professor Seckingerbecame director. "I had even more of anopportunity to travel professionally. My

'barnstorming' teaching across the countryproved very interesting and quite satisfyingto me. I had the opportunity to meet bothaspiring and experienced trial lawyers -whom I liked very much as people and aslawyers. I was able to see how the litigationprocess in various jurisdictions had shapedtrial lawyers' style, mannerisms and ap-proaches to trying lawsuits:'

His travels also gave him the opportu-nity to spend time with his children. "Istarted a tradition of taking each child, atthe arbitrary age of 9, on a solo trip withme. I have had great solo trips with each ofmy children, and those trips are some of ourfondest memories:'

He began the overseas part of histeaching career in 1985 with a trip to Lon-don. Australia, New Zealand, Singaporeand Panama followed. In 1993 and 1995, heconducted a series of advocacy training pro-grams in the United Kingdom. But it wasas a result of programs he conducted inCanada that he was asked to embark on oneof his more interesting and meaningful as-signments. Madame Justice Louise Arbourof the Ontario Court of Appeal, now serv-ing as chief war-crimes prosecutor for theUnited Nations Tribunal, wanted ProfessorSeckinger's help in training the prosecutorsfor the Rwandan tribunal.

And so in November 1996, he wentsomewhere else he had never been before -Kigali, Rwanda. In recalling his visit, henotes some of the difficulties of travel in a

war-torn third-world nation. "In a drivingrainstorm, our ancient Boeing 737 KenyaAirlines jet circled Kigali International Air-port, waiting for an opening to land. It isn'tmuch of an airport, really - just a one-runway strip of asphalt in the midst of asmall and narrow high-mountain valley sur-rounded by towering hills. Through therain-streaked windows of the creaking 737,I could see the forested hilltops and the lushgreen hillsides surrounding Kigali, but notthe fertile palm-tree-lined valley below withour safe harbor - the landing strip. Forthe first time in my innumerable planeflights, I was nervous about the landing. Itwas time to call upon Our Lady's assistancefor a safe arrival in Kigali:'

After the nerve-wracking landing, hemade his way to the terminal. The atmo-sphere was less than welcoming. "Bulletholes peppered the plate glass windows ofthe airport lounge, and soldiers milledaround conspicuously. But a young mannamed Innocent - tall, graceful, quietlyefficient and helpful - guided us to ourvan. Innocent and the van would be ourconstant companions during our stay inKigali:' Nothing about the drive to the ho-tel suggested that the atmosphere would getany better. "On that drive, we passed thecrater-scarred and bullet-ridden ParliamentHouse. Innocent managed to skirt themud-ridden and waterlogged intersectionsof downtown Kigali that were clogged withcattle, herdsmen and four-wheel-drive vehicles. Foreignjournalists and TV equipmentoverran our hotel preparing tocover the return of Rwandanrefugees from Zaire."

Rwanda, a predominantlyCatholic country in CentralAfrica, is considered theworld's poorest nation. Theeffects of its French, and laterBelgian, colonial past remainevident in Kigali as well asthroughout rural Rwanda.One of those remnants of co-lonial times is the intense andhorribly destructive hatredthat exists between the indig-enous Hutu and Tutsi tribes.

Historically, at 85 percentof the population, the Hutus have com-prised the popular majority in Rwanda,with the Tursis a distinct minority at only15 percent. During colonial times, however,the tall, elegant Tutsis - considered by theFrench and Belgian colonists to be bright,energetic and valuable as managers and

administrators - dominated the educated,administrative and civil-servant classes.The Hurus - labeled by the Europeans asshort, squat and of lower intelligence -were relegated to common labor and domes-tic work. Naturally, over time the Hutusbuilt up deep resentments and anger towardthe colonists and the Tutsis.

When France and Belgium cededcontrol of Rwanda to its citizens, the peopleelected a Hutu-controlled government. Anduntil 1994, Rwandans of both tribes inter-married, lived as neighbors and workedtogether, despite nearly constant civil warbetween the tribes. In 1994, the presidentof Rwanda, a moderate Hutu, agreed to apower-sharing government coalition withthe Tutsis to finally end the civil strife.Shortly thereafter, the president's planewas shot down and the Tursis were blamed.Within days, the United Nations peace-keepers guarding the late president's succes-sor were murdered, and the UN. pulledout of Kigali. In 90 days, two-thirds ofRwanda's 1.2 million Tutsis were slaugh-tered with machetes and other ancient farmtools - a slow process carried out methodi-cally but with lightning speed, consideringthe implements used to effect the genocide.The outside world did nothing whilechurches, hospital wards, offices and soccerstadiums filled with compliant and trustingTursis who were then locked in and hackedto death with crude tools.

UN. war crimes prosecutor for Rwandamust gather evidence and prosecute theleaders of the genocide in a common-lawformat with a contingent of prosecutorsfrom all around the world. Although someof the prosecutors come from common-lawcountries - two from the United States,two from Canada and one from Australia -most hail from civil-law countries such asEthiopia, Madagascar, Tanzania, Senegal,the Netherlands, Switzerland and Belgium.Professor Seckinger and a team of Canadianlawyers, teachers and judges, including hiswife Sheila Block, had a week to teach thebasics of common-law trial procedures,rules of evidence, and oral-advocacy andwitness-examination techniques, to ensurethat the trials proceeded properly. He notesthat the prosecutors from common-lawcountries served as excellent instructorsthemselves, modeling adversary-system trial

techniques, and expresses gratitude for theinvaluable assistance of native UgandanRosette Muzigo-Morrison '93 M.A.,'94 LL.M., who helped prepare thewitnesses for the trials.

His trial-advocacy teaching experi-ences around the world prepared him forthe mechanics of the task at hand, but Pro-fessor Seckinger's students left a strong im-pression on him. "I will always be gratefulfor having had the opportunity to share inthat training process. The prosecutors wetrained in Kigali were a young group of ide-

alistic and energetic common-law trial lawyers, and a group ofequally idealistic and energeticcivil-law lawyers who thirstedfor the tools of the trade in acommon-law courtroom:'

As for his other travels,instead of taking his now-grown children with him onbusiness trips, ProfessorSeckinger spends time visitinghis children as they enjoy inter-national-study experiencesthrough the University. Hehas visited his son Greg in Italy,Israel and Turkey; his step-daughter Emily in Athens;his son Doug in Kyoto andHiroshima, Japan, and in India.And he has some advice for his

youngest step-daughter Ellen, a first-yearstudent at Notre Dame:"Pick a great travelspot for your year abroad - someplace thatyou might not get to later in life, and some-where new for dad and family to come andvisit!"

Tribunal lawyers discuss trial strategies.

Today, Rwanda's jails are full of thesoldiers of death awaiting trial in theRwandan state courts, even though thecountry has no lawyers or judges who sur-vived the genocide. About 30 of the leadersof the genocide await trial before the UN.Tribunal sitting in Arusha, Tanzania. The

IF A

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CUll T Y

notes• MATTHEW J. BARRETT '82, '85 J.D.published a special 58-page update to Ac-COUNTINGFORLAWYERS,co-authored withDavid Herwitz.

He has also been appointed as chairof the Committee on Audit and AssociationInvestment Policy of the Association ofAmerican Law Schools, effective January1999.

• JOSEPH P. BAUER made an invitedpresentation at a faculty colloquium on thetopic "The Erie Doctrine Revisited: Does aConflicts Perspective Aid the Analysis?" atQuinnipiac College School of Law inHamden, Connecticut, in January. In Feb-ruary, he spoke on the Microsoft antitrusttrial at a meeting of the Law School's Busi-ness Law Forum.

• GEOFFREY J. BENNETT, director ofthe London Law Programme, publishedCriminal Procedure and Sentencing in ALLENGLANDLAWREPORTSANNUALREVIEWOF1997.

• G. ROBERT BLAKEY '57, '60 J.D. inNovember argued Humana v. Forsyth beforethe United States Supreme Court. InJanu-ary, the Supreme Court unanimouslyaffirmed the Ninth Circuit's holding that theMcCarran-Ferguson Act does not precludethe application of the federal RacketeerInfluenced and Corrupt Organizations Act(RICO) to claims against insurers licensedin a particular state, giving Professor Blakeya "win" before the high court.

He has been busy with other RICO-related activities as well. In October,Senator Dan Coats of Indiana introducedS.2614, the First Amendment Freedoms Actof 1998, which was drafted by ProfessorBlakey. The bill aims to protect first-amendment freedoms in the context of civilRICO and other litigation against demon-strators. Although Senator Coats retired inJanuary, Senators Hatch and Leahy have

expressed interest in the legislation, whichcould be reintroduced in the 106thCongress.

Judge John Heyburn upheld parts ofthe federal RICO claim argued by ProfessorBlakey for the Kentucky Labor's DistrictCouncil Health & Welfare Trust Fund in itslitigation against the major tobacco compa-nies. And he successfully argued twice for areversal of the district court's dismissal ofTrial Lawyers for Public Justice v. Falk, a RICOsuit stemming from a 1996 Fourth Circuitcase involving an alleged scheme to cheatpoor people by foreclosing on auto mort-gages and then not crediting the personwith apptopriate equity on resale.

In August, Attorney General JanetReno announced that the Department ofJustice would reopen, on a limited basis, theinvestigation into the 1968 assassination ofReverend Martin Luther KingJr. In Octo-ber, Professor Blakey and CongressmanLouis Stokes met with Bill Lann Lee, assis-tant attorney general for civil rights, to briefthe Department of Justice on the details ofthe investigation into Dr. King's death con-ducted by the House Select Committee onAssassination from 1977 to 1979.

In October, Judge William Bauerforwarded to the Judicial Council for theSeventh Circuit revised pattern jury instruc-tions for criminal cases. The instructionsresulted from a multiyear product of anInstructions Committee chaired by JudgeJames B. Zagel. The committee member-ship included prosecutors, defense counseland judges from the Seventh Circuit, withProfessor Blakey as the only law professor.

Professor Blakey gave one of the prin-cipal addresses,"Tobacco and RICO;' at the14th Annual Tobacco Products LiabilityConference in Boston from October 30through November 1. The conference con-sidered the status of international, nationaland state litigation against the tobaccoindustry. He published Of Characterizationand Other Matters: Thoughts About Multiple

Damages in LAW& CONTEMPORARYPROB-LEMS,which traces the history of multipledamages in Jewish, Greek, Roman, Englishand American law, and reconsiders thathistory in light of modern economic analy-sis. And, he featured prominently in onepart of a four-part series on the HistoryChannel that examined law enforcement, inparticular in a segment titled "Tales of theEB.I.: Taking on the Mob:'

• GERARD V. BRADLEY spoke on"TheNew Constitutional Covenant" at a confer-ence on "Reining in Judicial Imperialism:Effectively Limiting the Judiciary to ItsConstitutional Powers;' sponsored by theAmerican Public Philosophy Institute inWashington, D.C., in October.

• THOMAS BRODEN '49 J.D., profes-sor emeritus, published an op-ed piece titledHomeless Women, Children Need Community'sHelp in the February 2, 1999, edition of theSOUTH BENDTRIBUNE.

• HONORABLE SANFORD M.BROOK, who has served NDLS for manyyears as an: adjunct associate professor oflaw in the trial advocacy program, has beenappointed to the Indiana Court of Appeals.

• PAOLO CAROZZA published COM-PARATIVELEGALTRADITIONSIN A NUTSHELL(West Publishing Co.), co-authored withMary Ann Glendon and Michael W.Gordon.

• SISTER DEBORAH CERULLO,S.S.N.D., associate professional specialist inthe Notre Dame Legal Aid Clinic, has beenappointed co-chair of the Consumer Protec-tion Regional Advisory Council by the Indi-ana Attorney General's Office. The council'sefforts focus on better informing and pro-tecting consumers, and especially vulnerablecitizens, through education, problem-solving and legislative initiatives.

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FA C U LTY N

• FERNAND N. "TEX" DUTILE'65 J.D. participated in a panel discussionon "The U.S. Justice System: The DeathPenalty in Question" sponsored by the

University's African and African-AmericanStudies program and the Department ofHistory in February.

• BARBARA FlCK published Does aConspiracy to Terminate At-Will EmploymentConstitute an Injury to Property? An Analysis ofHaddle v. Garrison in PREVIEW OF UNITEDSTATESSUPREMECOURT CASES, and The Lawand Practice of Collective Bargaining in theCzech Republic, Hungary and Poland in volume10 of the INTERNATIONALREVIEW OFCOMPARATIVEPUBLICPOLICY.

She presented two two-day seminarstitled "International Labor Standards andthe Role of Trade Unions in a DemocraticSociety" to trade-union leaders in Brcko,Bosnia-Herzegovina, in December, througha program funded by the American Centerfor International Labor Solidarity. She alsoserved as one of three teachers presenting atwo-and-a-half day in-house training work-shop on "Negotiation and Mediation" forthe Canadian law firm of McCarthy Tetraultin Mont Gabriel, Quebec, in January.

• JUDITH FOX '93 J.D., an associateprofessional specialist in the Notre DameLegal Aid Clinic, participated in a Januaryconference titled"Fathering in the NewMillennium" sponsored by the Law School,the University's psychology and sociologydepartments and the University's HenkelsVisiting Scholars Program. In February, shepresented her research on the developmentof the legal definition of the term "father" tothat same group, which engages in interdis-ciplinary research on family issues.

• JOHNH. GARVEY '70 has beennamed dean of the Boston College LawSchool, effective July 1, 1999.

He lectured on "School Vouchers: En-lightened Social Policy or Threat to theConstitutional Separation of Church andState?" at the Cornell Law School in April1998. He gave the Sawyer Lecture onLaw and Religion, funded by the Mellon

Foundation, at the University of ChicagoDivinity School and the University of Chi-cago Law School in May 1998, speaking on"Catholic Judges in Capital Cases:' Also inMay, he addressed the University's Board ofTrustees on the subject of "Teaching Ethicsto Professionals:' And he gave an address tothe Fourth Tantur International Conferenceon Religion and Culture in Jerusalem inJune.

He published The Architecture of theEstablishment Clause in volume 43 of THEWAYNE LAW REVIEW. And the papers re-sulting from the Drake University sympo-sium on Professor Garvey's recent book,WHAT AREFREEDOMSFOR? have beenpublished in volume 47 of the DRAKE LAWREVIEW, which includes an article by Profes-sor Garvey titled Control Freaks. This spring,he and T. Alexander Aleinikoff of theGeorgetown University Law Center pub-lished the fourth edition of their book,MODERN CONSTITUTIONALTHEORY: AREADER(West Publishing Co.).

• ALAN GUNN published the fourthedition of his casebook, CASES,TEXT ANDPROBLEMSON INCOMETAXATION (WestPublishing Co.), with co-author Larry D.Ward.

He currently chairs the UniversityAppeals Committee, and is a member of theLaw School's Promotions, Dean Search andCurriculum Committees.

• JIMMY GURULE published The 1998U.N. Convention Against Illicit Traffic in Nar-cotic Drugs and Psychotropic Substances - ATen Year Perspective: Is International Coopera-tion Merely Illusory? in volume 22 of theFORDHAMINTERNATIONALLAWJOURNAL.

• WILLIAM P. HOYE, associate vicepresident and counsel and concurrentassociate professor of law, published CourtLitigation in Higher Education: A Review of the1997 Judicial Decisions in volume 25 of cheJOURNALOF COLLEGE& UNIVERSITYLAW.

He has been named to the AuthorsCommittee of West Publishing Company'sEDUCATIONLAW REpORTER. He has alsojoined the LL.M. program in international

o T E 5

human rights offered through the Centerfor Civil and Human Rights.

• ROGER F.JACOBS served on the ABAAccreditation Inspection Team that visitedChapman University School of Law inAnaheim, California, in October.

• JANIS L.JOHNSTON received the1998 LAW LIBRARYJOURNALAward of theYear for her article, Managing the Boss, at theannual meeting of the American Associationof Law Libraries (AALL) in Anaheim,California, in July.

In September, she attended the17th Annual Course of the InternationalAssociation of Law Libraries, as a represen-tative ofNDLS and the AALL. The pro-gram, held at UNIDROIT headquarters inRome, focused on developments in interna-tional private law.

• M. CATHLEEN KAVENY was fea-tured in an editorial interview in the Januaryissue of U.S. CATHOLICthat noted thatProfessor Kaveny, an expert on end-of-lifequestions in the Catholic Church, "skillfullynavigates the middle course taken by theCatholic Church on end-of-life questions:'

• WILLIAM K. KELLEY, with PatrickJ.Schiltz, spoke to NDLS students in Decem-ber on "Applying for Judicial Clerkships:The Nuts and Bolts:'

• DOUGLAS W. KMIEC, on leave forthe 1997-98 and 1998-99 academic years atPepperdine Law School, has decided to re-sign his position at NDLS and remain atPepperdine.

He published Statistical Sampling and theCensus - You Can Count on Me, But Will You?in PREVIEW OF UNITED STATESSUPREMECOURT CASES in November.

In October, he debated University ofSouthern California Professor of LawEC\Alin Chetn.ecin£ky on the n:'...~an':""("~'b \':I{

"high crimes and misdemeanors" at the Uni-versity of Southern California Law School.In January, at a Federalist Society meetingheld in conjunction with the AALS annualmeeting in New Orleans, he led a panel

To LEARN MORE ABOUT NDLS FACULTY AND FOR CONTACT INFORMATION, CHECK OUT THE

NDLS FACULTY WEBSITE AT http://www.nd.edu/Nndlaw/faculty.html.

•22

FA C U LTY N

discussion on "The Need to Re-Think-Maybe Even Repeal - the IndependentCounsel Statute" with Jonathan Turley andWilliam Eskridge. He also presented a pa-per on the Catholic doctrine of subsidiarityto the Law Professors Christian FellowshipAnnual Conference in New Orleans at thatsame time.

He has been seen and heard frequentlyon television and radio in recent monthscommenting on the presidential impeach-ment proceedings. In September, he ap-peared on ABC's "Nightline" with TedKoppel to discuss the constitutional processof impeachment. In an October interviewon CBS national radio, he discussed thehistory of impeachment from English com-mon law through Andrew Johnson andRichard Nixon.

Professor Kmiec has also filed a briefas counsel-of-record for the Institute forJustice in Anderson v. Roe, which is beforethe United States Supreme Court. Hisbrief favored securing the privileges andimmunities of U.S. citizens as they relate toeconomic livelihood.

• DONALD P. KOMMERS presentedthe paper "Judicial Accountability in Ger-many" at the 17th World Congress of theInternational Political Science Associationin Boston in September. He also gave aGerman-language lecture on"Kann dasDeutsche Verfassungsrechtsdenken Vorbildfur die Vereinigten Staaren Sein?" ("CanGerman Constitutionalism Serve as aModel for the United States?") to the Ger-man-American Lawyer's Association inHannover, Germany, in October; and anEnglish-language lecture on the same sub-ject at Osnabriick University in November.His article on that same topic was publishedin German in volume 37 of DER STAAT,anda revised version of that article was pub-lished in English in volume 58 ofZEITSCHRIFTFORAUSLANDISCHESOFFENTICHESRECHTSUNDVOLKERRECHT.He also lectured on "Civil Rights andMulticulturalism in the United States" atErlangen University in November.

He published several encyclopediaessays in MODERN GERMANY:AN ENCYCLO-PEDIAOF HISTORY,PEOPLE,ANDCULTURE1871-1990 (Dieter K. Buse andJuergen C.Doerr, eds., Garland Publishers, Inc.),

including The Basic Law; Federal Republic ofGermany: judicial System; German DemocraticRepublic: judicial System; and German Demo-cratic Republic: Constitutions. He also pub-lished Autonomy Versus Accountability: TheGerman judiciary in JUDICIALINDEPENDENCEIN COMPARATIVEPERSPECTIVEby DavidO'Brien and Peter Russell (University Pressof Virginia, 1999).

Among his University activities, he iscurrently directing two doctoral disserta-tions in the Department of Governmentand International Studies, and serves on theGraduate Council, the Department of Gov-ernment and International Studies Gradu-ate Policy Committee, and the governmentdepartment's Honesty Committee.

• DEAN DAVIDT. LINK '58,'61J.D.spoke at the University of St. Thomas in St.Paul, Minnesota, on his recommendationsregarding the establishment of a law schoolat that university.

• GARTH MEINTJES '91 L.L.M., asso-ciate director of the Center for Civil andHuman Rights, published an op-ed piece inthe November 4, 1998, edition of the NEWYORKTIMES titled In South Africa, Truth andjustice? Prosecution Undermined.

He served as a panelist for AmnestyInternational's 1998 Midwest Regional Con-ference at the University of Cincinnati Col-lege of Law in October, addressing"TheUSA Campaign: Focus on Supermax Pris-ons:' The workshop targeted prison condi-tions in the United States, the developmentof "sup erma x " prisons, the practices at suchprisons - which now house over 13,000men and women - and the issue ofwhether these facilities meet internationalstandards of human rights.

In November, he delivered a talk titled"Renewing Our Promise: The UniversalDeclaration of Human Rights at Fifty" at aconference titled"A11 Human Rights for All:Fiftieth Anniversary of the Universal Decla-ration of Human Rights;' sponsored by theSt. Joseph County (Indiana) Chapter of theUnited Nations Association of the U.S.A.,Saint Mary's College, and the college's Jus-tice Education Program.

In December, he presented a workshoptitled "Control Unit Prisons" at the StandTogether for Human Rights Conference

o T E s

celebrating 50 years of human-rights workin the Midwest. The conference, held at theUniversity of Chicago, was sponsored by theMidwest Coalition for Human Rights, theChildren & Family Justice Center of theNorthwestern University Law School, Am-nesty International, the City of ChicagoCommission on Human Relations and theStanley Foundation.

In January, Mr. Meintjes servedas a panelist in the round-table discussiontitled "Holding Heads of State Accountable"sponsored by the University's Kellogg Insti-tute for International Studies.

• JOHN COPELAND NAGLE, visitingassociate professor of law, had his article, "ATwentieth Amendment Parable;' which waspublished in the May 1997 edition of theNEW YORKUNIVERSITYLAWREVIEW,citedby Yale Law School Professor BruceAckerman in his testimony before theHouse Judiciary Committee on the im-peachment process. He published a relatedletter to the editor in THE WASHINGTONPOST titled "On the Authority of LameDucks;' and was quoted on the same subjectin the December 22, 1998, edition of theTOPEKACAPITALLAWJOURNAL.

• TERESA GODWIN PHELPS '73,'75 M.A., '80 PH.D. delivered the paper"Orestes' Dilemma: Revenge in Literatureand Law" at the Mid-Atlantic PopularCulture Conference in Morgantown, WestVirginia, in October. She appeared withProfessor Teresa Ghilarducci of the eco-nomics department and Professor WillO'Rourke of the English department on apanel sponsored by the Gender StudiesProgram to discuss the Starr report, and shepresented a Gender Studies Colloquiumtitled "Gendered Space and the Reasonable-ness Standard in Sexual Harassment Law;'both at the University in November.

She published a review of MarthaNussbaum's CULTIVATINGHUMANITY:ACLASSICALDEFENSEOF REFORMIN LIBERALEDUCATIONin volume 25 of the JOURNALOFCOLLEGE& UNIVERSITYLAW,and GenderedSpace and the Reasonableness Standard in SexualHarassment Cases in volume 12 of the NOTREDAMEJOURNALOFLAW,ETHICS & PUBLICPOLICY.

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FA CULT Y N

With Kelly Askin, visiting professionalspecialist in the Center for Civil and HumanRights (CCHR), and Sharelle Aitchinson,LL.M. candidate in the CCHR, she filed anamicus curiae brief at the International Tri-bunal for the former Yugoslavia, which wasaccepted by the tribunal in November andargued, among other things, that rape-coun-seling records should be afforded privilege.

• WALTER F. "JACK" PRATT JR., onresearch leave in Ireland for the 1998-99academic year, gave an invited talk on "TheHistorical Context of Marbury v. Madison" tothe Law Department of the National Uni-versity of Ireland in Galway in November.He organized a symposium on "Irish LegalHistory" for the University of Galway andmembers of the Irish Legal History Society,and at that symposium presented a papertitled "Why Was there No IRISH Law inthe Irish Free State, 1922-1937:' He alsopublished a long letter titled "The Trial ofPresident Clinton" in the January 22, 1999,edition of the IRISHTIMES.

In March, he gave two invited talks atthe University College in Cork: "Uncertaintyin American Contract Law" to the law fac-ulty, and "The Tragedy of Race Relations inAmerican Constitutional Law" to the uni-versity faculty.

• JOHN H. ROBINSON '72 M.A.,'75 PH.D. in January gave a lecture in DesMoines on "What We Should Have Learnedfrom the Right to Die Cases of the Past TenYears;' and delivered a talk on "Medical Eth-ics and Medical Students" to the medicalstudents at the University of OsteopathicMedicine and Health Sciences in DesMoines. In February, he lectured on theextraterritorial application of Americanantidiscrimination laws at a conference on"The Law of Higher Education" at StetsonUniversity in Clearwater, Florida.

• VINCENT D. ROUGEAU served asfaculty advisor for the Law School's JessupMoot Court Team, which finished second inthis year's regional competition. He alsoserved as judge for the mock trial sponsoredby the Black Law Students Association atthe second annual Minority High SchoolStudents Legal Professions OpportunitiesProgram at NDLS in February.

• PATRICKJ. SCHILTZ gave the 1998-99 Trustees' Lecture titled"Legal Ethics inDecline: The Betrayal of Novice Lawyers byLaw Professors and Senior Lawyers" at theWilliam Mitchell College of Law in Minne-apolis in November. He spoke on "ReligiousConsciousness and Legal Ethics" at the Uni-versity of Pennsylvania School of Law inFebruary. In March, he addressed the bish-ops of the Evangelical Lutheran Church inAmerica on tort litigation against churches.On March 31 and April 1, he visited CornellLaw School, where he spoke with the first-year class on practicing in large law firms,taught Professor Roger Cramton's profes-sional responsibility class, and conducted afaculty colloquium on legal ethics. In earlyFebruary, he taught a session of a seminaron "Religious Consciousness and LegalThought and Practice" at the University ofPennsylvania Law School in Philadelphia.He was quoted in the February 2, 1999,edition of the WALL STREETJOURNALregarding attempts by large law firms toimprove their associate retention rates bypaying cash bonuses.

At NDLS, he has been busy as chair ofthe Law School's Judicial Clerkship Com-mittee. As a result of concerted efforts bythis committee, the number of students whoapplied for federal clerkships has tripledover last year. With William K. Kelley, hespoke to NDLS students in December on"Applying for Judicial Clerkships: The Nutsand Bolts:'

He continues as reporter to the Advi-sory Committee on the Federal Rules ofAppellate Procedure, and has become amember of the newly formed TechnologySubcommittee of the Judicial Conference'sCommittee on Rules of Practice andProcedure.

• JAMES SECKINGER '68 J.D. has beenappointed by Indiana Supreme Court ChiefJustice Randall Shepard as a member of theAdvisory Panel to the Indiana Commissionon Continuing Legal Education and Attor-ney Specialization, citing"his particular areaof expertise and his reputation in the legalcommunity:'

Professor Seckinger publishedthe second edition of IMPEACHMENTANDREHABILITATIONand EXHIBITSANDDEMONSTRATIVEEVIDENCE,both part of

o T E s

his MATERIALSFORINTENSIVETRIALADVO-CACYWORKSHOP,a product of OsgoodeHall, York University, in Toronto.

In addition, he continues his extensiveand far-reaching efforts to design, plan andteach various trial-advocacy courses aroundthe world, including: for the Carleton LawAssociation of Ottawa, Canada; Gunster,Yeakley, Valdes-Fauli & Stewart in FortLauderdale, Florida; and McCarthy Tetraultin Montreal, Canada. He also served as afaculty member for the National Institutefor Trial Advocacy Teacher Training Pro-gram at NDLS.

• THOMAS L. SHAFFER '61 J.D. gavethe annual Edward S. Godfrey Lecture atthe University of Maine Law School inNovember titled "Towering Figures, Enig-mas, and Responsive Communities inAmerican Legal Ethics" and to be publishedthis spring in the MAINELAWREVIEW. Hepublished Forgiveness Disrupts Legal Order involume 4 of GRAVENIMAGES.

• DINAH SHELTON has been elected tothe Board of Patrons of Redress Interna-tional, a London-based nongovernmentalorganization addressing reparations fortorture victims around the world. Theboard is currently involved with thePinochet extradition to Spain.

She has also been invited to participatein a project titled "Managing Global Issues;'sponsored by the Carnegie Endowment forInternational Peace, for which she will writeon human rights.

In November, while with the LondonLaw Programme, Professor Shelton tookstudents in her human-rights course toGeneva for a special seminar organized forthem by the High Commissioner's Office inthe Human Rights Center of the UnitedNations. The students were able to visit thePalais des Nations and attend a session ofthe U.N. Committee Against Torture.

Also in November, Professor Sheltonparticipated in a round-table discussionwith five representatives of the Center forRussian Environmental Policy, based inMoscow. The center formulates objectivesand priorities for new Russian laws andpolicies in the field of environmentalprotection.

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FA C U LTY o

In December, she spoke on "The U.S.Experience with the Alien Tort Claim Act"at a conference on "Redress for Victims ofHuman Rights Violations" organized by theBritish Institute of International and Com-parative Law at the institute's headquartersin London.

In January at the University, she gave aseminar titled "From Dictator to Defendant:The Pinochet Case in Europe:'

She published Challenges to the Future ofCivil and Political Rights in the WASHINGTON& LEELAWREVIEW,and Reparations in theInter-American System in THE INTER-AMERI-CANSYSTEMOF HUMAN RIGHTS(OxfordUniversity Press) by David Harries andStephen Livingstone.

• STEVEN D. SMITH spoke on "TheLegal Academy as Court Ideologue" at aconference on Reining in Judicial Imperial-ism: Effectively Limiting the Judiciary to ItsConstitutional Powers, sponsored by theAmerican Public Philosophy Institute inWashington, D.C., in October.

• J. ERIC SMITH BURN delivered lec-tures titled "Termination of Parental Rights:Issues for the New Millennium" and "Inter-national Child Abduction and the HagueConvention: What You Need to Know" atthe National Conference on Juvenile Justicein Minneapolis in March. He also served asa member of the teaching faculty for theNational Institute for Trial Advocacy at theMid-Central Regional Program, IndianaUniversity School of Law, in Bloomingtonin March.

He recently served as a consultant tothe Ancillary Relief Advisory Group,chaired by Lord Justice Thorpe, who re-cently presented a lengthy report to theBritish Lord Chancellor for approval andeventual adoption by Parliament. He pto-vided information on property division andantenuptial contracts in the United States.

• JAY TIDMARSH '79 publishedWhitehead's Metaphysics and the Law: A Dia-logue in the ALBANYLAWREVIEW.The textof his May 1998 speech to the AmericanLaw Institute, addressing civil law in the21st century, has been published in ALl'sREMARKSANDADDRESSESATTHE75THANNUALMEETING.

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He participated in a panel discussionon "The U.S. Justice System: The DeathPenalty in Question" sponsored by theUniversity's African and African-AmericanStudies Program and the Department ofHistory in February.

Professor Tidmarsh has been elected tomembership in the American Law Institute.At the January 1999 meeting of the Ameri-can Association of Law Schools, he waselected to the Executive Corrimittee of theAALS Section on Civil Procedure.

St. Nicholas DayChildren's Party

ILisa Sc b iltz, associate professor of

law, and Margaret Kelley, wife ofAssociate Professor Bill Kelley, orga-nized the second annual St. Nicholas

Day Party for the children ofNDLS stu-dents, faculty, administrators and staff.Held on Saturday, December 5, 1998, in theLaw School Student Lounge, the party fea-tured two short plays performed by NDLSfaculty and spouses; humorous children'spoems acted by Professor John Garvey '70,Kitty Hoye, Lisa Sc hiltz and their daugh-ters; musical entertainment by ProfessorSteven D. Smith and the Smith FamilySingers, Associate Professor Vince Rougeauand his wife Robin, and Visiting AssociateProfessor John Nagle; magic tricks by Asso-ciate Professor Jay Tidmarsh '79; and areading of the St. Nicholas story by Associ-ate Dean Roger F. Jacobs followed by a visitfrom St. Nicholas himself (aka AssociateDeanReverendJamesE. McDonald,C.S.c. ). Festivities included refreshmentsorganized by Susan Carozza, wife of Asso-ciate Professor Paolo Carozza, and goodiebags for the kids assembled by facultysecretaries Debbie S umption and DarleneCarlson.

T E s

• ADAVERLORENVANTHEMAAT'90 LL.M., assistant professional specialistin the Center for Civil and Human Rights,attended the 24th Ordinary Session of theAfrican Commission on Human andPeoples' Rights in Banjul, Gambia, inOctober.

• REVEREND D. REGINALDWHITT, O.P., participated in a panel dis-cussion on careers in law sponsored by theBlack Law Students Association at the sec-ond annual Minority High School StudentsLegal Professions Opportunities Program atNDLS in February.

M\A IL u

CLASS OF 1949

• Honorable] ohn C. Castelli has retiredafter serving nearly 30 years as a federaladministrative law judge with the Office ofHearings and Appeals in the Social SecurityAdministration in Indianapolis, Indiana.On the occasion of his retirement, IndianaGovernor Frank O'Bannon appointed himas a Sagamore of the Wabash, which is thehighest award given by the state to one of itscitizens, and is presented to individuals whohave served the state and its citizens well,have shown great courage and bravery in theface of daunting challenges and obstacles, orhave distinguished themselves as outstand-ing Hoosiers and Americans. GovernorO'Bannon cited Judge Castelli's 47 years ofservice to the state and federal governmentsas just one of many reasons for presentingthe honor. Judge Castelli also received con-gratulatory notes from President BillClinton, both of Indiana's U.S. senators andmost of Indiana's representatives in the U.S.House, University President ReverendEdward A. Malloy, C.S.c., the dean of the

Indiana University-Indianapolis School ofLaw, and Archbishop of Indianapolis MostReverend Daniel M. Buechlein, O.S.B.

CLASS OF 1958

• Charles Roemer, a member of the SouthBend law firm of Roemer & Mintz, receivedthe W. Scott Miller Distinguished BusinessLeader Award from the Chamber of Com-merce of St. Joseph County, Indiana. Theaward represents the top honor bestowed bythe Chamber of Commerce, which selectedMr. Roemer for his efforts as founder of theChamber's Leadership Program, co-founderof the Community Foundation of St. JosephCounty, and founder, with his wife Denise,of a pre-marriage counseling program forengaged couples. Mr. Roemer has alsoserved as the president of the Sourh BendBoard of Public Safety, chair of the Cham-ber of Commerce, member of the board ofProject Future, and co-founder and presi-dent of the Parish Council of St. Joseph'sCatholic Church in South Bend.

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CLASS OF 1966

• Honorable Paul Niemeyer, of theUnited States Court of Appeals for theFourth Circuit, delivered a lecture at NDLStided "Rethinking Discovery." On that samevisit, he met with students consideringjudi-cial clerkships.

He was also featured in an article inthe January 10, 1999, edition of THE RICH-MOND(VIRGINIA)TIMES DISPATCHdiscuss-ing the legendary civility of the FourthCircuit.

CLASS OF 1967

• David R. Holmes, who has law offices inBremen and Plymouth, Indiana, has becomethe new Republican party chair in MarshallCounty, Indiana.

CLASS OF 1968

• Ivan Bodensteiner, professor oflaw atValparaiso University, served as a facultymember for a seminar tided "Sexual Harass-ment Litigation;' sponsored by the IndianaContinuing Legal Education Forum inIndianapolis in November.

• ]ackSandner, president ofRB&H Fi-nancial Services and former chair of theChicago Mercantile Exchange, has receivedthe "Living Proof" award from RushNeurobehavioral Center, a division of theDepartment of Pediatrics at Rush Children'sHospital. At the awards ceremony, hespoke publicly for the first time about histriumph over Attention Deficit Hyperactiv-ity Disorder.

CLASS OF 1969

• Thomas]. Bonner, a partner in the NewYork City law firm of Sullivan & Donovan,L.L.P., has been elected chair of the NewYork State Bar Association's InternationalLaw and Practice Section.

N o IE sT

CLASS OF 1970

• Thomas C. Sopko, a partner at theSouth Bend law firm of Sopko & Firth,served on the faculty of a panel discussing"Legal Ethics for Litigarors," sponsored bythe Indiana Continuing Legal EducationForum in South Bend in December.

CLASS OF 1972

• Patricia C. Bobb, who heads her ownlaw firm in Chicago, was interviewed in theJanuary 1999 ABA JOURNALfor an articletided Experts on Experts. With three otherattorneys, she discussed the use of expertwitnesses at trial, and participated on thefaculty of the call-in continuing legal educa-tion program on the same subject.

She was also named a commissioner ofthe Attorney Registration and DisciplinaryCommission, an agency of the State of Illi-nois charged with investigating lawyer-misconduct allegations.

• Michael]. Visnosky, a partner in theErie, Pennsylvania-based law firm ofMcClure & Miller, has been re-elected aschairman of the board of trustees for theLake Erie College of Osteopathic Medicine(LECOM) for his fifth consecutive term.Mr. Visnosky also served as the incorpora-tor for LECOM, which in 1992 was the firstmedical school to be chartered in Pennsylva-nia in 35 years and the Iorh osteopathicmedical school in the United States. Theschool has an enrollment of 460 students.

CLASS OF 1973

• Michael P. Barnes has joined the litiga-tion department of the South Bend office ofBarnes & Thornburg, where he will assumean of counsel position. He will devote histime to civil litigation and to work with thefirm's white-collar crime group.

He was recently honored by the Uni-versity and by NDLS for his long career asSt. Joseph County (Indiana) prosecutor.Congressman Tim Roemer (D-Ind.) andAssociate Dean Tex Dutile '65 J.D. spoke at

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A L U M N I N o

a luncheon in his honor, and James A.Roemer '51, '55 J.D. served as Master ofCeremonies. In December, the IndianaProsecuting Attorneys Council presented toMr. Barnes its prestigious Eugene"Shine"Feller Award, the highest award bestowedby the council, for his significant contribu-tions to law enforcement and prosecution.

• Michael Howlett, formerly ajudge aswell as a parmer at Shefsky & Froelich inChicago, has been named by the CookCounty (Illinois) State's Attorney to headthe newly formed Commission to StudyChildren Under Age 10 Charged withCrimes. The commission includes leadersin juvenile law enforcement, child develop-ment, psychiatry and related fields.

• Carmen M. Piasecki, a partner at theSouth Bend law firm of Nick.le & Piasecki,served on the faculty of a panel discussing"Legal Ethics for Lirigarors," sponsored bythe Indiana Continuing Legal EducationForum in South Bend in December.

CLASS OF 1974

• Honorable Thomas G. McCarthy, ajudge on the district court in the First Judi-cial District in the State of Minnesota, re-ceived the 1998 Community Service Awardfrom the Minnesota District Judges Asso-ciation at its fall conference in September.One of the factors noted in the nominatingletter was his work in helping to implementa statewide electronic system to addressdomestic abuse, which makes Orders ofProtection available on a computer database.The database is accessible to police officerswho arrive at the scene of a domestic vio-lence incident to enhance law-enforcementefforts to curb domestic violence. JudgeMcCarthy also served on a committee thatdeveloped the new forms being used withthe program, and meets with judges fromother districts to discuss implementation ofthe program.

He represented the Minnesota Judi-ciary at the Full Faith and Credit Confer-ence in Albuquerque, New Mexico, the

Learning to Lead Conference in Reno,Nevada, and has served on other statewidecommittees.

CLASS OF 1975

• Paul T. Fortino, a partner in the law firmof Perkins Coie in Portland, Oregon, and amember of the Executive Advisory Commit-tee of the Notre Dame Law AssociationBoard of Directors, has been named afellow of the American College of TrialLawyers.

• Honorable Jeanne Jourdan, recentlyretired from the St. Joseph County SuperiorCourt, has returned to the practice of lawas a deputy prosecutor in the St. JosephCounty (Indiana) Prosecutor's Office. Herresponsibilities will include an aggressivetraining program for prosecutorial staff andthe trial of major felony and homicide cases.

CLASS OF 1976

• Patricia T. Bergeson, formerly deputycorporation counsel in charge of the TortsDivision for the city of Chicago, has becomeassociate general counsel at the Universityof Chicago.

CLASS OF 1977

• Jane F. (Becker) Bennett has becomea partner in the South Bend law firm ofMay, Oberfell & Lorber; she chairs thefirm's litigation section and concentratesher practice in medical-malpractice andinsurance litigation.

• Honorable Roland Chamblee, St.Joseph County (Indiana) Superior Courtjudge, participated in a panel discussion onlegal career opportunities at the second an-nual Minority High School Students LegalProfessions Opportunities Program spon-sored by the Black Law Students Associa-tion at NDLS in February.

T E s

• Nancy Moate Ley was appointed bythen-Florida Governor Lawton Chiles tofill a vacancy on the Pinellas-Pasco CircuitCourt. Before entering private practice, Ms.Ley served as an assistant public defenderfor nine years.

• Richard A. N ussb aum, a partner at theSouth Bend law firm of Sopko & Firth andgeneral counsel to Indiana Lieutenant Gov-ernor Joseph Kernan, received the "Award ofthe Year" from the Notre Dame Club of St.Joseph Valley (Indiana), given to a clubmember who has demonstrated outstandingservice on behalf of that individual's profes-sion, the University and the community.Mr. Nussbaum had recently served as presi-dent of that club.

CLASS OF 1978

• John B orrnan, a partner in the Winona,Minnesota, law firm of Streater & Murphy,P.A., was recently selected as a"Super Law-yer" in the areas of personal injury andproducts liability law by the MINNESOTAJOURNALOFLAW& POLITICS,an honor givento less than 5 percent of the practicing law-yers in Minnesota.

• Joseph A. CariJr. has been appointedby President Bill Clinton to chair theWoodrow Wilson International Center forScholars. Mr. Cari has served as a memberof the center's board of trustees since 1994and as vice chair since 1996. The center wasestablished within the Smithsonian Institu-tion, but is administered by an independentboard, and fosters scholarship and dialoguein international relations through the hu-manities and social sciences by bringingfellows to Washington, encouraging dis-course, and publishing the results of theiractivities.

• Vincent R.Johnson, a professor oflaw atSt. Mary's University in San Antonio, Texas,recently spent four months teaching inChina on a Fulbright Grant. During thesummer of 1998, he ran St. Mary's summerprogram in Innsbruck, Austria.

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CLASS OF 1979

• Bruce Belzer, M.D., has joined theUniversity of North Dakota Family PracticeCenter in Bismarck.

• Kathleen G. Cox, formerly a litigatorand partner with Venable, Baetjer &Howard in Towson, Maryland, has beennamed a judge on the Circuit Court for theCounty of Baltimore by Maryland GovernorParris N. Glendening.

• David C. Guaderrama has been a dis-trict court judge in the State of Texas since1994.

• Yvonne R. Guaderrama has been electeda district court judge in the State of Texas.

CLASS OF 1980

• Erhna Marie Cooper, a partner in theCincinnati office of Thompson Hine &Flory, L.L.P., has been appointed by the

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Hamilton County (Ohio) Commissionersto serve on the Hamilton County Tax LevyReview Committee, which performs inde-pendent reviews of all tax levy requests.

• Honorable Kathleen Kearney, ajudge inthe Broward County (Florida) CircuitCourt and member of the Law School Advi-sory Council, has been appointed by FloridaGovernor Jeb Bush as secretary of the state'sDepartment of Children and Families, anagency with 27,000 employees and a $3.3billion budget charged with child protectionand providing services to the mentally ill,the disabled and the poor. Her appoint-ment, announced in the December 8,1998,Fort Lauderdale SUN-SENTINEL,awaitsconfirmation by the Florida Senate. TheDecember 9,1998, edition of THE TAMPATRIBUNEheralded the governor's decision,noting Judge Kearney's passion for protect-ing children from sex crimes and childabuse, and her work in crafting federal andstate laws to benefit children.

N MEMORIAM

Please remember the following deceased alumni and their families in your prayers.

Peter Ross Viviano '36, '37 J,D" of Hollywood, California,November 9, 1998.

Thomas E. Foley '40 J.D., of South Bend, Indiana,March 6, 1999.

William B. Ball '48 J.D., of Camp Hill,Pennsylvania,january 10, 1999.

Joseph B. Stio '48 J.D., of Placida,Florida,October 27,1998.

David M.Thornton '48,'53 J.D., ofTulsa,Oklahoma,October 21, 1998.

John E.Tormey '53, '54 J.D., of Elmira,New York,December 28,1998.

James M. Corcoran '56 J.D., of Evanston, IIlinois,january 7,1999.

Joseph A. Gallagher Jr. '54, '56 J.D., of larchmont, New York,February 25, 1999.

Kevin W. Carey '65 J.D., of Denver, Colorado, May II, 1998.

James F.Thornburg, former adjunct professor at NDLS,December 28, 1998.

T E s

CLASS OF 1981

• Jeannine M. Davis has been elected se-nior vice president, general counsel and sec-retary of CTS Coporation, a diversifiedmanufacturer of electronic components forthe computer equipment, automotive andcommunications markets based in Elkhart,Indiana. A member of the legal staff at CTSsince 1980, her responsibilities now includethe company's legal, environmental, healthand safety, intellectual property and corpo-rate facilities matters.

• Nancy J. Gargula, a partner with theCommercial, Financial and Bankruptcy Ser-vices Team at the Indianapolis office ofBaker & Daniels, has been elected presidentof the Indianapolis Bar Foundation (IBF),the charitable arm of the Indianapolis BarAssociation (IBA). A distinguished fellowof the IBF and board member since 1995,Ms. Gargula is the first person to serve asIBF president without first having served asIBA president, although she had held anumber of other positions in the IBF in-cluding secretary, chair of the "Ask a Law-yer" project, chair of the ScholarshipCommittee and member of the Develop-ment Committee.

• William A. Klatt, formerly first assistantto Ohio Attorney General Betty Montgom-ery, has been appointed chieflegal counselto Ohio Governor Bob Taft.

• Ellen E. McLaughlin has been namedthe first female chair at Chicago-basedSeyfarth, Shaw, Fairweather & Geraldson,with responsibility for a 200-attorney laborand employment practice group at the 415-attorney firm. She was featured in a"Com-munity Closeup" article in her communitynewspaper, THE DOINGS,and in the January1999 edition of CHICAGOLAWYER,highlighting both her successful law practiceand her dedication to her family.

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CLASS OF 1982

• Kathleen Brickley, a partner at theSouth Bend office of Barnes & Thornburg,served as a faculty member for a seminartitled "Sexual Harassment Litigation;' spon-sored by the Indiana Continuing Legal Edu-cation Forum in Indianapolis in November.

She also served as a panelist for a dis-cussion titled"Women in the Law: AUnique Perspective on the Justice System;'sponsored by the Diversity Program of theUniversity's College of Business Administra-tion in October.

• Robert D. Clements, a partner at thelaw firm of Bose McKinney & Evans inIndianapolis, Indiana, served in the facultyof the Indiana Trial Advocacy College for aprogram in Skills Proficiency Training atthe Indiana University School of Law-Indianapolis in March.

CLASS OF 1983

• Michael B ettinger, formerly a partner atOrrick, Herrington & Sutcliffe in San Fran-cisco, has become a partner in the San Fran-cisco office of Seattle-based Preston Gates& Ellis; his practice focuses on intellectualproperty litigation.

CLASS OF 1984

• John M aciejczy k, formerly with theElkhart, Indiana, office of Barnes &Thornburg, has joined the St. JosephCounty (Indiana) Prosecutor's Office, wherehe will serve as chief deputy prosecutor.

CLASS OF 1985

Visit the NDLS Class 01'85 website, developedand maintained by Tom Nessinger, at http://www.wenet.net/-tness/85Iaw.html.

• Mark D. B over i, an associate at theSouth Bend office of Barnes & Thornburg,served on the faculty of a panel discussing"Legal Ethics for Litigators," sponsored by

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the Indiana Continuing Legal EducationForum in South Bend in December.

• Honorable Jenny Pitts Manier, ajudgein St. Joseph County (Indiana) SuperiorCourt, recently received the Athena Awardfrom the Chamber of Commerce of St. Jo-seph County. The award"recognizes anindividual who has opened new opportuni-ties for women in attaining their fullest po-tential in their profession and in business.Prior to her appointment as judge, JudgeManier served as general counsel for Indi-ana Lieutenant Governor Joseph Kernan,the Indiana Department of Commerce andthe Office of the Indiana Commissioner ofAgriculture, as staff attorney for the LegalServices Program of Northern Indiana, aschief assistant city attorney for South Bend,as a member of the board of Public Worksin South Bend, and as an attorney for theRedevelopment Commission and the Hu-man Rights Commission.

• Cari Votava, formerly legal advisor forCitibank in Prague, the Czech Republic, hasjoined World Bank in Washington, D.C.,where she will serve in the Division of Eu-rope and Central Asia. She will deal withthe legal aspects of bank restructuring andwill advise countries in Eastern Europe andthe former Soviet Union on ways in whichthey might amend their financial and bank-ing structures to improve the financial sec-tor in those nations.

CLASS OF 1986

Visit the Class 01'86 website, developed andmaintained by Don Passenger, at http://www.iserv.net/-dpasseng/ndlaw86.htm.

• Laura L. Hirschfeld, associate professoroflaw at the University of Detroit-Mercy,received the school's James E. Barnes Awardfor scholarly excellence.

T E s

CLASS OF 1987

• Patrick Davies, of counsel at Covington& Burling in Washington, D.C., was fea-tured in an article in the November 16,1998, edition of LEGALTIMES discussing theexpanding role of "Of Counsel" attorneyswithin law firms.

• Amy Ronayne, assistant attorney generalin the criminal division of the MichiganDepartment of Attorney General, receivedthe FrankJ. Kelley Award for Excellence inTrial Advocacy at the department's annualmeeting in December. She joined the de-partment in 1997 after four years as firstassistant prosecutor and sex crimes prosecu-tion unit coordinator with the WashtenawCounty (Michigan) Prosecutor's Office.Her work with that office earned her a num-ber of awards including the DistinguishedFaculty Award from the Prosecuting Attor-neys Association of Michigan, the ChildService Award from the Washtenaw AreaCouncil for Children, and the CommunityService Award from the Law EnforcementAssociation of Washtenaw County.

Currently, she serves as a faculty mem-ber with the National College of DistrictAttorneys, and last June taught the EssentialTrial Advocacy Course. As an instructorwith the Prosecuting Attorneys Associationof Michigan, she has taught a number oftrial-practice courses. And last November,she lectured on sexual assault in a criminallaw class at the University of Michigan LawSchool.

And her September jury trial in a lot-tery fraud/perjury case appeared on "CourtTV" in October.

• Linda A. Weaver, formerly withKilgallon, Carlson & Simkus in Chicago,has returned to the Chicago office ofClausen Miller.

CLASS OF 1988

• Michael L. Cotticchia, formerly directorof Human Resources and Risk Managementat Applied Industrial Technologies, has beenappointed vice president at that company.

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• Andrea Ro berts, an attorney withBingham Summers Welsh & Spilman inIndianapolis, co-authored Peer Sexual Ha-rassment: Does Title IX Make Schools Liable forHarassment by Children? in RESGESTAE,apublication of the Indiana State BarAssociation.

• Diane Tillman-Reed, an attorney withFred R. Hains & Associates in South Bend,participated in a panel discussion on careeropportunities in the law at the second an-nual Minority High School Students LegalProfessions Opportunities Program spon-sored by the Black Law Students Associa-tion at NDLS in February.

CLASS OF 1995

• BarbaraJohnston has formed her ownfirm, Morguson, Johnston & Bancroft,L.L.c., in South Bend.

• Teresa Kibelstis, formerly with thePhiladelphia (Pennsylvania) DistrictAttorney's Office, has joined Ballard SpahrAndrews and Ingersoll in Philadelphia as anassociate.

• Ron Miller has joined the London, En-gland, office of Los Angeles-based Gibson,Dunn & Crutcher, L.L.P., as an associate.

• Teresa M orguson has formed her ownfirm, Morguson, Johnston & Bancroft,L.L.c., in South Bend.

• Christopher Russell is a staff attorney atPiedmont Legal Services, Inc., in Lexington,Virginia - a traditional legal aid office pro-viding civil representation to low-incomeresidents of the Shenandoah Valley that isalso affiliated with the Law School ofWashington & Lee University.

• Brian Sagrestano, formerly assistantdirector of major gifts at Clarkson Univer-sity in Hamilton, New York, has become theassociate director of planned giving atHamilton College in Clinton, New York.

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• WilliamJ. Walsh has joined KennedyCovington Lobdell & Hickman, L.L.P., inCharlotte, North Carolina, as an associate.His practice will focus on corporation law,mergers and acquisitions, securities law andbanking law.

CLASS OF 1996

• Rohanna Fines has been appointed anassistant attorney general for the State ofWashington, where she will focus her ef-forts on educational programs involvingchildren's mental-health issues.

• Steven W. Hieart, an associate practicingcorporate and securities law in the Cincin-nati office of Thompson Hine & Flory,L.L.P., was featured in the firm's promo-

tional brochure for his pro bono service.

T E s

• Joseph A. McCarron has joined theBloomington, Illinois, law firm of Hayes,Hammer, Miles, Cox and Ginzkey, wherehis practice will focus on civil litigation in-cluding business and contract disputes, fam-ily law and personal injury.

• LisaM. (Bolanz) Patterson, director ofcareer services at NDLS, published Counsel-ing the "Rest of the Class" After (and During)OCl, in the October issue of the NALPBULLETIN.The article offered advice roother career-services professionals on get-ting the attention of and counseling stu-dents who do not secure jobs throughtraditional on-campus interviewingprograms.

NEW ADDITIONS

Please welcome the newest additions to the NDLS family,and keep these growing familiesin your prayers.

Timothy K. Borchers '87 J.D. and his wife Shannon announce the birth of their daughter,Hanna Kathleen Flynn,March 17, 1998, in Seattle, Washington.

Catherine Pollock Gregory '90 J.D. and her husband Rick announce the birth of their son,Matthew Charles, January 18, 1999, in Hartford, Connecticut

Colleen (Browne) Magarian '87, '91 J.D. and her husband Mike announce the birth of their daughter,Molly Elizabeth,January 21, 1999, in Stamford, Connecticut.

Brian Coffey '95 J.D. and his wife Susan announce the birth of their son, Nathan Edward,January 6, 1999,in Chicago, Illinois.

Marlen McKinney Bellaschi '89, '95 J.D. and John Bellaschi '89, '92 J.D. announce the birth of theirdaughter, Katheryn McKinney Bellaschi,October 20, 1998, inArlington, Virginia.

Mary [o Naples Miller '95 J.D. and Ron Miller '95 J.D. announce the birth of their daughter,Miranda Rose, December 12, 1998, in London, England.

Jeralyn Rehn '97 J.D. and John Rehn '95 J.D. announce the birth of their daughter, Jensen Ashleigh,on August 18, 1998, in Galesburg, Illinois.

A L U M N I N

• Vanessa Pierce, formerly with Workman,Nydegger & Feely in Salt Lake City, Utah,has become an associate in the Palo Alto,California, office of Washington, D.C.-basedFinnegan, Henderson, Farabow, Garrett &Dunner.

• Reverend Bruce Wells, formerly directorof the Mediation Center at the Notre DameLegal Aid Clinic, has joined the St. JosephCounty (Indiana) Prosecutor's Office in theChild Support Division.

CLASS OF 1997

• Sean Finn, an attorney in North Dallas,Texas, was featured in an article in the De-cember 22,1998, edition of THE DALLASMORNINGNEWS. The article notes that,although he was paralyzed from the chestdown after a motorcycle accident at age 15,Mr. Finn has succeeded in a number of areasincluding graduating from law school andpassing the Texas Bar, becoming qualified asthe first and only disabled instructor in theProfessional Association of Dive Instruc-tors, working with disabled young children,and serving on the committee of the BretBunnett Foundation, which works to raisemoney to support researchers in their ef-forts to find a cure for paralysis.

• T.Jeffrey Fitzgerald, an associate at theWashington, D.C., office of Jones, Day,Reavis & Pogue, has published Health CareProviders Encounter the Civil False Claims Actin volume 28 of THE COLORADOLAWYER,and with co-author James J. Graham, KeyIssues in Defending Civil Investigative DemandsUnder the False Claims Act in a 1998 ABApublication titled A NATIONALINSTITUTEON THECIVIL FALSECLAIMSACT ANDQUITAM ENFORCEMENT.

• Scott Moran recently completed his fed-eral clerkship in Puerto Rico, and joined theAtlanta office of Troutman Sanders as anassociate, where he will practice in the firm'sinternational corporate group, focusingprimarily on Latin America.

•31

• Cynthia Thornton has moved to LosAngeles and has written, produced and di-rected an independent film shot in Texasand edited in Los Angeles. The movie,"Three Girls In Love;' is a romanticdrama that explores the various relation-ships of three twenty-something females.It will appear on the film festival circuit thisyear.

o T E s

CLASS OF 1998

• Tim Flanagan recently joined theUniversity's Office of Research as assistantdirector for technology transfer. He bringsto the job an undergraduate education inelectrical engineering, and experience in theU.S. Navy, in manufacturing, and in envi-ronmental consulting for the federalgovernment.

• Mark A. Kromkowski has joined theChicago law firm of Mcbride, Baker &Coles in the firm's Business & TransactionalDepartment, where his responsibilities willfocus on securities, tax and sweepstakes law.

NOTRE DAME LAW ASSOCIATION NEWS

Bar Association Receptions

If you would like the NDLA to host areception at your state's next bar associationmeeting, please contact Cathy Pieronekin the Law School Relations Office. Wegenerally need six months' notice, preferto host receptions in areas with large localconcentrations of NDLS alumni andfriends, and like to work with local hoststo help encourage attendance.

IIhe Notre Dame Law Associa-tion has planned receptions forNDLS alumni and friends at anumber of bar association re-

ceptions this summer. If you're planning onattending one of these meetings, we hope tosee you at the Notre Dame reception.

• Ohio State Bar Association:Thursday, May 13, 1999, 6 to 7 p.m.,Renaissance Hotel in Cleveland, Ohio.

• State Barof Arizona:Thursday, June 24,1999,5:30 to 7 p.m.,Phoenician Resort in Scottsdale, Arizona;local host, Chris Coury '91, '94 J.D.

• AmericanBar Association:Sunday, August 8, 1999, 5:30 to 7 p.m., inAtlanta, Georgia (location TBA).

NDLA '99 ElectionResults

M~any thanks to those of youwho participated in therecent election for six re-gIOnal representatives to

the Notre Dame Law Association Board ofDirectors. The individuals listed below willtake office on July 1, 1999, for a three-yearterm ending onJune 30, 2002. Each is eli-gible to be re-elected to an additional three-year term.

Region 2 - Colorado, Montana, New Mexico,Utah, Wyoming and Western Canada (Calgary)Brian Bates '79, '86 J.D., a partner at Antonio,Bates & Bernard in Denver, Colorado

Region 3 - Arizona, Southern California, SouthernNevada and MexicoPauiJ. Meyer '67 J.D., incumbent NDLARegion 3 representative and an executive vicepresident and the general counsel of EllerMedia Company in Phoenix, Arizona

Region 7 - MichiganEugene S mary '75 J.D., a partner at Warner,Norcross & Judd in Grand Rapids, Michigan,and an adjunct associate professor at NDLS

Region 10 - New Jersey, Southern Connecticut,Southern New YorkHonorable Alfred J. "Jim" Lechner Jr. '72 J.D.of the District of New Jersey

Region 12 - Delaware, Eastern Pennsylvania,Maryland, Virginia, Washington, D.C.David M. Barrett '59, incumbent NOLARegion 12 representative and senior partner ofthe Washington, D.C., law firm of Barrett &

Schuler

Region 13/14 - Alabama, Arkansas, Louisiana,Mississippi, Oklahoma, Tennessee, TexasScott T. Beall '89 J.D., an attorney with theMemphis, Tennessee, law firm of GlanklerBrown, P.L.L.c.

Also taking office on July 1, 1999, with one-yearterms expiring on June 30, 2000, are:RichardD.Catenacci'65J .D., presidentThomasR.Curtin'68J .D., president-elect

And taking office for a two-year appointed termis at-large representative Thomas P. Keller '92J.D. of South Bend.

Many thanks for years of dedicated service to James P.Gillece '69J.D. (president untilJune 30,1999), CarlEiberger '52, '54 J.D. (Region 2), Robert Krause '66J.D. (Region 7) and Lee Piovarcy '63 (Region 13/14), who chose not to run for re-election and will beoffered life membership on the NDLA Board's Execu-tive Advisory Committee.

NOTRE DAME ALUMNI, through indi-vidual personal efforts as well as throughgroup efforts coordinated through localalumni clubs and the Notre Dame LawAssociation, have provided a number ofsummer-service opportunities for NDLSstudents interested in public-interest law,and have helped develop some service op-portunities for practicing attorneys in theirhometowns. We are proud of the efforts ofthese leaders to encourage all Notre Damelawyers to turn their scholarship intoservice.

• Following on last year's successful sum-mer internship program at the Center forLegal Education Advocacy and DefenseAssistance, Philadelphia-area Notre Damelawyers including Richard M. Jordan '67,'70 J.D., who is a member of the ExecutiveAdvisory and Public Interest Committees ofthe NOLA Board of Directors, TeresaKibelstis '92, '95 J.D. and Maria Morinigo'97 J.D. have arranged a public-interestplacement for a 1L or 2L at the NationalitiesService Center, the Immigration Law Clinicof Temple University Law School. TheNotre Dame Law Association of the NotreDame Club of Philadelphia has pledged a$2,500 stipend to support the student whoaccepts the position. If you wish to contrib-ute to the support of that effort, please con-tact either: Mr. Jordan by mail at White andWilliams, L.L.P., 1800 One Liberty Place,Philadelphia, PA 19103-7395, by phone at(215) 864-7000 or by fax at (215) 864-7123;or Ms. Kibelstis by mail at Ballard SpahrAndrews & Ingersoll, L.L.P., 1735 MarketStreet, 51st Floor, Philadelphia, PA 19103-7599, by phone at (215) 665-8500, by fax at(215) 864-8999, or bye-mail [email protected].

• Paul Mattingly '75 J.D., also a memberof the Executive Advisory and Public Inter-est Committees of the NOLA Board ofDirectors, has plans to secure support fromCincinnati-area attorneys to fund oneNDLS student at the Legal Aid Society ofGreater Cincinnati. He has already workedwith the Notre Dame Club of Cincinnati togather a cadre of Notre Dame lawyers toparticipate in the club's Tax Assistance Pro-gram, which helps the working poor withtax preparation. If you wish to supporteither effort, please contact Mr. Mattinglyby mail at Dinsmore & Shohl, L.L.P., 1900Chemed Center, 255 East Fifth Street,Cincinnati, OH 45202, by phone at (513)977-8281, or by fax at (513) 977-8141.

• Charles Weiss '68 J.D., Region 5representative on the NOLA Board ofDirectors, has worked with St. Louis-areaalumni and the Notre Dame Club of St.Louis Volunteer Lawyer Program, operatedas an adjunct of the St. Louis Legal ServicesOffice at St. Bridget's Church in the innercity. Each Saturday, from 9 a.m. to noon,two lawyers agree to meet with clients inneed of legal advice. The parish schedulesthe appointments and provides the meetingspace, while the alumni club recruits thevolunteer lawyers. Each attorney generallyspends one Saturday morning at the clinicevery two months. If you'd like to participatein this program, or if you'd like more infor-mation on how to start a similar program inyour hometown, please contact Mr. Weiss bymail at Bryan Cave L.L.P., One MetropolitanSquare, Suite 3600, St. Louis, MO, 63102-2750, by phone at (314) 259-2000, or by faxat (314) 259-2020.

• Dr. Franklin C. Wefald, a Universitybenefactor who works as a physician inSouth Bend, has pledged multiyearsummer-stipend support for an NDLSstudent to work with his sister, an attorneywho represents death-row inmates in theLos Angeles area.

• San Francisco-area Notre Dame lawyers,under the leadership of Diane Rice '80, '83J.D., have arranged a public-interest place-ment for a continuing student at the SanFrancisco Neighborhood Legal AssociationFoundation, which focuses on retaining af-fordable housing, SSI benefits, food stampsand health access for low-income clients.Notre Dame lawyers in the Bay Area havepledged $2,500 in support of the studentwho accepts the position. If you wish tocontribute to the support of this effort,please contact Ms. Rice by mail at Brobeck,Phleger & Harrison, L.L.P., Spear StreetTower, One Market, San Francisco, CA94105, by phone at (415) 442-1509, byfax at (415) 442-1010, or bye-mail [email protected].

IF YOU KNOW OF A SERVICEOPPORTUNITY, either for practicingNotre Dame lawyers or for NDLS students,please contact Cathy Pieronek at the LawSchool Relations Office. We have a lot offlexibility in arranging programs, especiallyfor our students, and would like to facilitatean array of service opportunities for studentsand alumni alike.

AL w

CLASS OF 1949 - 50TH REUNION

• The Golden Jubilee Class of 1949 has planned a special dinner atSunny Italy Cafe (formerly Rosie's) in South Bend on the night ofSaturday, June 5, 1999, during the University's spring Reunion '99weekend. Class members should have received at least two letterswith the dinner details from reunion organizers Harold Cook, EarlYeagley and Tom Broden. The response so far has been positivefrom all members who have replied - meaning that this year's re-union should be great for the entire class. For more information,please contact Mr. Cook at (219) 255-0083.

CLASS OF 1959 - 40TH REUNION

• Members of the Class of 1959, who will be celebrating their40th reunion in 1999, are planning a special celebration for theNotre Dame-Michigan State football weekend on September 17-19,1999. To help with the planning, please contact Bill Harte at(312) 726-5015.

CLASS OF 1964 - 35TH REUNION

• Classmates should already have received at least two letters fromHonorable John Leahy regarding a class reunion at the time of theUniversity's Reunion '99, June 4-6, 1999. If you plan on attending,please let him know so that he can spread the word among class-mates to encourage others to attend as well. You can reach JudgeLeahy at (909) 336-3001, or bye-mail [email protected].

CLASS OF 1969 - 30TH REUNION

• Members of the Class of 1969, who will be celebrating their30th reunion in 1999, are planning a special celebration for theNotre Dame-Navy football weekend on October 29-31, 1999. Classsecretary Scott Atwell has indicated that he and George Rice,JimStarshak and Al Lehrer would be happy to have your help in con-tacting classmates to attend. Tentative plans include a post-pep rallycocktail social at a South Bend-area hotel, a class dinner on campusSaturday evening and a class Mass and breakfast on Sunday morn-ing. Anthony Travel, at 1-800-7-DOMERS, has offered to helpwith hotel room reservations and your other travel needs. Formore information on the reunion itself, you can reach Mr. Atwellat (303) 220-7700, or bye-mail [email protected].

•33

A L u NM I

CLASS OF 1989 - 10TH REUNION

• Class secretary Jennifer E. (O'Leary) Smith reminds everyonethat her husband Jim Smith and Mike Luzu m expect a large turn-out for the Class of 1989's 10th reunion at the University's springReunion '99, June 4-6,1999. To help plan special activities for yourclass and to confirm your attendance, please call Jim Smith at (800)826-3505, or bye-mail [email protected].

REUNION '99

• All NDLS graduates whose class years end in"4" or"9" are invitedback to campus for Reunion '99 the weekend of June 4-6,1999. Inaddition to the seminars, programs and opportunities for socializingscheduled by the University, NDLS may host a three-hour continu-ing legal education program onFriday morning (if alumni express

sufficient interest), an all-classes (A)'dinner on Friday night, and a Mass,continental breakfast and LawSchool open house on Saturdaymorning. In early March, theUniversity's Alumni Associationmailed registration information toall those eligible to attend. If youhave any questions about Reunion'99, please contact the University'sReunion Office at (219) 631-6199 ..

CLASS REUNIONS FOR 2000

• If your class is eligible for a reunion in 2000 - that is, if yourclass year ends in "5" orD" - it's not too early to begin planning forthe festivities, particularly if you'd like to schedule a special reunionweekend apart from the University's Reunion '00 in the spring. TheLaw School Relations Office can facilitate planning, but we needvolunteer class members to take leadership roles in encouragingclassmates to attend and in organizing meaningful activities. Ourmost successful reunions begin as grass-roots efforts initiated bydedicated alumni on behalf of their classmates. If you want to helpplan a memorable reunion for your class, please contact CathyPieronek at (219) 631-6891.

s T u ID

•34

IE N T N o IE sT

MOOT COURT AND TRIAL TEAMS

MOOT-COURT ACTIVITIES OFFER STUDENTS THE OPPORTUNITY TO DEVELOP PRACTICAL

LITIGATION AND APPELLATE SKILLS AND TO COMPETE AGAINST OTHER LAW-SCHOOL TEAMS IN

REGIONAL AND NATIONAL COMPETITIONS. THIS YEAR'S TEAMS EXPERIENCED A NUMBER OF

SUCCESSES - FURTHER EVIDENCE OF NOTRE DAME'S STRENGTH IN TRIAL ADVOCACY, A

PROGRAM CONSISTENTLY RANKED AMONG THE NATION'S BEST.

Moot Court Showcase Team and] udges

Back row (left to right): Honorable Brent E. Dickson, Honorable Richard D. Cudahy, ThomasKeough. Front row (left to right): Cynthia Morgan '99, Charmaine Chiu '99, Honorable DeanellReece Tacha, Karen DuBay.

MOOT COURT SHOWCASE

ARGUMENT

• The top oralists from the National Ap-pellate Team presented a strong demonstra-tion of their oral-advocacy skills at the 49thAnnual Showcase Moot Court Argument inFebruary. Third-years Charmaine Chiu ofJacksonville, Florida, and Cynthia Morganof St. Clair, Michigan, appearing for thepetitioner, and Karen Dubay of Troy,Michigan, and Thomas Keough of Staten

Island, New York, appearing for therespondent, made uniformly outstandingpresentations to a tough panel of judgescomprised of the Honorable Deanell ReeceTacha of the United States Court of Ap-peals for the Tenth Circuit, the HonorableRichard D. Cudahy, senior judge of theUnited States Court of Appeals for the Sev-enth Circuit, and the Honorable Brent E.Dickson, associate justice on the IndianaSupreme Court.

This year's argument focused on theAmericans with Disabilities Act (ADA)

with two specific questions. First, does theADA cover a person whose disability iscompletely controllable through the use ofmitigating measures such as medication?And second, does claiming a total disabilityfor the purposes of participation in a statedisability program preclude an individualfrom claiming to be qualified to perform aparticular job as required for protectionunder the ADA?

Responding well and remaining poisedduring relentlessly tough questioning, theoralists received high praise for their

•35

S T U DEN T N

demeanor, their thorough knowledge of therecord and the law, and their ability to stayon track despite interruptions for questions.

Associate Professor Bill Kelley, whoserved as faculty advisor to the team, notedthe strength of the team's performance:"The student advocates prepared thor-oughly for the argument and it showed intheir excellent performances. And we werevery fortunate to have distinguished judgeswho asked good questions - and a lot ofthem - without making sport or giving thestudents a hard time just because theycould. All in all, I think the event was asuccess from every standpoint:'

NATIONAL ApPELLATE TEAM

• The NDLS National Appellate Team,also coached by Professor Kelley, consists ofthe top 10 students from the second-yearMoot Court Appellate class. In addition tothe four students who represented NDLSin the national competition in Milwaukee,this year's team included third-yearsHeather G uilette of South Barrington,Illinois, Bill Keller of Lacey, Washington,Alex N akis of Tallahassee, Florida, MattNielson of Omaha, Nebraska, Kris Tefft ofPasco, Washington, and Charles Topping ofLisle, Illinois. These team members repre-sented NDLS well at regional competitionsat Pepperdine University in Malibu, Califor-nia, and before the Seventh Circuit.

NATIONAL TRIAL TEAM

THE BARRISTERS

• Eight 2Ls and 3Ls represented NDLS ata number of competitions as members ofthe National Trial Team, also known as TheBarristers. Third-yearsJanine Felder-Kahnof South Bend, Kim Hart of Dallas, Texas,John Kuckelman of Atchison, Kansas, andPatrick Ryan of South Bend, and second-years David Black of Hamilton, Montana,Mark Busby ofRas Tanura, Saudi Arabia,Stone Grissom of Los Angeles, California,and Tamara Walker of Memphis, Tennes-see, learned trial techniques fromJeanneJourdan '75 J.D. and Wendell Walsh '77,'80 J.D. in preparation for competitions that

We went to thecompetition hoping to

simply establish thatNotre Dame has a

superior international lawprogram. What we

ended up coming backwith was beyond our

expectations.

included two trips to Chicago - one for aninterscholastic competition against North-western and the other for the regional com-petition in February. In the regionalcontest, the NDLS team advanced to thesemifinal round and finished with morecombined points than any other law school.

INTERNATIONAL MOOT COURT

• The NDLS Moot Court InternationalDivision Team placed second out of 11teams in the central regional round of thePhilip C. Jessup Moot Court Competitionheld in early February at Southern Illinois.Established in 1959, the Jessup Competitionis the world's largest and most prestigiousinternational-law moot-court competition,involving 1,500 students representing morethan 300 law schoolsfrom almost 50 nationson six continents. Thisyear's problem con-cerned cultural-iden-tity protection andintellectual-propertyrights in the interna-tional community.

All four NDLSoralists placed near thetop of the competitionfor their individualperformances. AkramFaiz er '00 of Cornwall,Ontario, Canada, andTeresita Mercado '97,'00 of Phoenix, Ari-zona, representing theapplicant, a first-worldnation asking for reparations on behalf ofcitizens whose property interests were ex-propriated and on behalf of citizens whowere being denied protection for intellectualproperty rights, finished the competitionundefeated. James McCament '00 of Alex-andria, Virginia, and Michael Tigue '99 ofSouth Bend, representing the respondent, adeveloping nation defending its actions onthe basis of sovereignty and the right toprotect its own cultural identity, prevailedagainst all competitors except the regionalchampion, Northwestern.

o ST E

The team memorial (brief) submittedby Jean Seidler '99 of Sumner, Washington,and Deborah Tsai '99 of Notre Dame, Indi-ana, earned fourth place in the Team Memo-rials Competition, while the brief submittedby Mr. Faizer and Ms. Mercado rankedsecond overall in the Applicant's MemorialCategory.

This is the most successful an NDLSteam has been at the Jessup Competition forthe last five years. "We went to the competi-tion hoping to simply establish that NotreDame has a superior international lawprogram. What we ended up coming backwith was beyond our expectations;' notedMs. Mercado.

Team coach and NDLS Associate Pro-fessor Vincent D. Rougeau explained thesignificance of the team's outstanding per-

formance. "The JessupCompetition is basedon international lawand is extremely de-manding, both sub-stantively and in termsof oral advocacy. It isalso a worldwide event.Our students did anoutstanding job andmany of the judgescommented on thestrength of their per-formance:' DeanDavid T. Link '58,'61J .D. added his con-gratulations as well. "Iam proud of our teamfor their performance- in particular, their

advancement to the semifinal and finalrounds. Their accomplishments reflect well,indeed, on the Notre Dame Law School:'Team captain James McCament gives muchof the credit for their success to the facultymembers and other students who helpedprepare the team. "We were very lucky tohave professors with such expertise in inter-national law who were willing to help usprepare for the competition. We were alsovery grateful to the LL.M. students whoassisted us, since each had been on Interna-tional Moot Court Teams themselves:'

•36

S T U DEN T N

STUDENT EDITORS NAMED

• The editors-in-chief for the Law School'sfour student-edited journals were an-nounced before spring break: JonathanBridges '00 of South Bend, for the NOTREDAME LAW REVIEW;Neesha Singh '00 ofCoram, New York, for the JOURNALOF COL-LEGE& UNIVERSITYLAW;Todd Barker '00of West Linn, Oregon, for the NOTRE DAMEJOURNAL OF LAW, ETHICS & PUBLIC POLICY;and Michael G alibois '00 of Duxbury, Mas-sachusetts, for the JOURNAL OF LEGISLATION.

NOTRE DAME LAW REVIEW

• The NOTRE DAME LAW REVIEW is pub-lished five times annually by the NotreDame Law School. The law review staffespecially welcomes input and submissionof manuscripts from Notre Dame LawSchool alumni and friends. If you are inter-ested in obtaining a subscription ro theNOTRE DAME LAW REVIEW, submitting amanuscript or have suggestions for improv-ing the NOTRE DAME LAW REVIEW, pleasewrite ro Notre Dame Law Review, P.O. Box988, Notre Dame, IN 46556.

JOURNAL OF COLLEGE ANDUNIVERSITY LAW (JCUL)

• For the past 12 years, the Law School haspublished the JOURNAL OF COLLEGEANDUNIVERSITY LAW (JCUL) for the NationalAssociation of College and UniversityAttorneys. Four times a year, JCUL ad-dresses legal issues confronting attorneyswho represent institutions of higher learn-ing. Recent editions have featured articleson affirmative action, scientific misconduct,hazing, the World Wide Web, disability,sexual harassment and academic freedom,and gender equity. The current issue in-cludes articles on antitrust law as it appliesro university activities, the recent revolutionin Eleventh Amendment law, the ancientDartmouth College case, and the current dis-pute over the use of mandatory student fees.Each of these articles was written by an

STUDENT -EDITED JOURNALS

acknowledged expert in the relevant fieldand approved for publication by a referee.

JCUL is always on the look-out forauthors and subscribers. If your practiceinvolves issues of interest to college anduniversity atrorneys, and if your life allowsyou ro explore those issues in depth, pleasecontact faculty editor Professor JohnRobinson by mail at the journal office,Notre Dame Law School, Notre Dame, IN46556, or by phone at (219) 631-6980, rodiscuss the possibility of your finishedproduct appearing in JCUL. If you areinterested in subscribing ro JCUL, pleasecontact Kelley Collins by mail at thejournal office, by phone at (219) 631-6749,or bye-mail at [email protected].

NOTRE DAME JOURNAL OFLAW, ETHICS & PUBLIC POLICY

• The NOTRE DAMEJOURNALOF LAW,ETHICS & PUBLICPOLICYwill publish twoexciting journals during the 1999-2000 aca-demic year. Alumni and friends are invitedro inquire about contributing an article roeither issue. Articles will be collected untilthe fall.

One issue will deal with professionalethics. "Notre Dame's focus on ethics makesit unique among law schools. The journal'sethics issue will continue this tradition;'according ro editor-in-chief Todd Barker'00. "We hope ro publish articles from awide array of authors - practicing lawyers,scholars, judges and politicians - ro createan exciting and timely publication:'

The other issue will contain articlespertaining to privacy and the law. "Threatsto privacy abound all around us. Grocerystores track and store information aboutthe products we buy, Web sites collectinformation about our use of the Internet,and hospitals obtain very personal informa-tion about patients. This should prove ro bea very interesting and popular issue;' com-mented Reverend John H. Pearson, C.S.c.,'68, '71 M.T h., director of the Law School'sThomas J. White Center on Law andGovernment.

o T E S

Unlike rraditionallaw reviews, theNOTRE DAMEJOURNALOF LAW, ETHICS &PUBLICPOLICYdevotes each issue ro a singletopic of public concern, which permitscomprehensive analysis of legal and public-policy arguments. The journal enjoys anational audience and has published articlesby Joseph Cardinal Bernadin, WilliamJ.Bennett, Justice William J. Brennan, MarioCuomo, John M. Finnis, Honorable HenryHyde, C. Everett Koop, Richard JohnNeuhaus, Honorable John T. Noonan,Richard A. Posner and President Ronald W.Reagan.

For more information about thejournal's upcoming issues or about subscrip-tion rates, please contact Todd Barker bye-rnail at [email protected] or by phone atthe journal office, (219) 631-4888.

JOURNAL OF LEGISLATION

• The JOURNALOF LEGISLATIONis embark-ing on a new and exciting phase in its his-rory. After celebrating its 25th anniversarythis past year, a talented and enthusiasticstaff leads the journal in preparing for thenew millennium. Changes include a newbook review section dealing with apractitioner's approach ro legislation, andthe staff hopes ro attract select nationalpolitical figures as contriburors ro the 1999-2000 JOURNALOF LEGISLATIONSymposium.

As always, any submissions from LawSchool alumni and friends contribute ro thecontinued success of the journal. The staffinvites you to submit articles on issues con-cerning federal, state or local legislation.Article submissions provide not only anopportunity for authors to publish com-mentaries on legal issues of personal orprofessional importance, but also an oppor-tunity for staff members to gain invaluableeditorial and legal experience.

For more information on article sub-mission guidelines, the 1999-2000 sympo-sium or journal subscription information,please contact: Journal of Legislation, NotreDame Law School, Notre Dame, IN 46556.

•37

S T U DEN T

Toys FOR TOTS

BLSA MINORITY OUTREACH

PROGRAM

N

STUDENT SERVICE

County (Indi-ana) SuperiorCourt judge;Diane Tillman-Reed '94 J.D.,a South Bend

o T sE

attorney;ReverendD.ReginaldWhitt, O.P.,professor oflaw; Charles A.Walton Jr., alocal attorneyand student inthe University'sMaster of Fine Arts program; LynnColeman, of the South Bend Police Depart-ment and assistant to South Bend MayorSteven Luecke; Sharon Johnson, assistantUnited States attorney for the NorthernDistrict of Indiana; Dahlia F rench, a localimmigration attorney; and Eugene Staples,a community leader and representative ofthe Summer Opportunities for Legal Expe-rience (SOLE) program organized by theUniversity's Office of Community Relationsunder the guidance of James A. Roemer'51, '55 J.D. and with the assistance ofBLSA.

The mock trial fearured several BLSAmembers in the roles of attorneys and wit-nesses including Marcus Ellison '01 ofSouth Bend, Kimberly Hart '99 of Dallas,Texas, Elton Johnson '01 of Mishawaka,

Indiana, Titilayo Marinho '00 of Belleville,New Jersey, and Tamara Walker '00 ofMemphis, Tennessee. Associate ProfessorVincent D. Rougeau presided as judge, andHead Research Librarian Dwight Kingserved as bailiff.

This introductory program and theSOLE program together form an importantcommunity outreach effort by NDLS stu-dents, supported by the Law School and theUniversity, to reach out to ethnically diversehigh-school students with the potential tosucceed, to encourage them to consider themany ways in which they might engage inlaw or law-related careers after college. Ac-cording to the St. Joseph County (Indiana)Bar Association, of the county's nearly 500attorneys, only six are African-Americans- despite the fact that the population ofthe City of South Bend itself is 24 percentAfrican-American. Dean Link stronglysupports these programs in the belief that,"By exposing these bright young high-school students to career options early intheir education, we can inspire them to fol-low our successful BLSA students into col-lege and, hopefully, into legal careers:'

For more information on these pro-grams, please contact James A. Roemer '51,'55 J.D., at the University's Office ofCommunity Relations, (219) 631-6614,or contact BLSA directly in care of theLaw School.

• The Military Law Srudents Association- under the leadership of presidentKathleen Kenney '00 of Titusville, Florida,along with Associate Professor Bill Kelley,Assistant Dean Emerirus Captain WilliamO. McLean and srudentsJohn Rosenthal'99 ofEI Cerrito, California, and TomKeough '99 of Staten Island, New York -conducted a very successful "Toys for Tots"campaign for Christmas 1998. As a result oftheir hard work and many generous dona-tions, the association collected 250 toys andthree bicycles to distribute to needy familiesin the South Bend area.

• The NDLS Black Law Srudents Associa-tion, in conjunction with the University'sOffice of Community Relations, hosted thesecond annual "Minority High School Stu-dents Legal Professions Opportunities Pro-gram" on Tuesday, February 9, 1999, at theLaw School. Over 100 srudents from theseven public high schools in South Bendand Mishawaka attended a two-hour pro-gram at the law school that fearured a paneldiscussion on various careers in legal educa-tion moderated by BLSA president Kim-berly Hart '99 of Dallas, Texas, followedby a mock trial presentation by BLSAmembers.

After a welcome

byNDLS DeanDavid T. Link '58,'61J .D., the srudentsheard presentationson options for legaland law-related ca-reers by NDLS fac-ulty and alumni, aswell as communityleaders, including:Honorable RolandChamblee '74,'77 J.D., St. Joseph

•38

ST U DEN T N

COMMUNITY SPIRIT

o T E S

• The Student Bar Association held the12th Annual Father Mike Talent Show, itsannual fund-raising effort in support of theReverend Michael D. McCafferty, C.S.c.,Fellowship Fund, at the Alumni-SeniorClub on Saturday, February 20, 1999. Inaddition to ticket sales, this year's fund rais-ing included a raffle for a $500 credit on aBAR/BRI bar-examination preparationcourse, won by Traci Griffith '99 ofTalla-hassee, Florida. With a packed house, theevent netted $2,000 for the fellowship fund.

This year's show, produced by Ms.Griffith and Marisa Salazar '00 of San An-tonio, Texas, rivaled past shows for the scar-city of true talent, but provided lots ofhumorous looks into life at NDLS. EmceesJim G use '99 of Richland, Washington, andPete Yarbro '99 of Wisconsin Rapids,

FATHER MIKE SHOW

Wisconsin, kept things moving between actswith their unique senses of humor.

Video performances featured prorni-nently in this year's event. Among the fea-tures, Shon Holyfield '99 of Roswell,Georgia, and Ha Kung Wong '99 ofMundelein, Illinois, presented their lastvideo effort as NDLS students - actuallythree videos including an A&E-style biogra-phy of Associate Professor J ay Tidmarsh'79, a parody of "Saving Private Ryan:' and aparody of "Civil Action:' A group of 3Lsproduced a parody of the MTV showRealWorld" - with nine NDLS professorssharing a home in Granger. And MarkBusby '00 of Ras Tanura, Saudi Arabia, andKevin Peinkofer '00 of Eggertsville, NewYork, produced "An Introduction to the LawSchool:'

Sean O'Brien '01 of Notre Dame,Indiana, provided some musical entertain-ment by singing and playing the guitar andharmonica to a law-school version of "IFought the Law:' As for the few actual skits,3L men denominating themselves "TheMen's Legal Forum" presented a news-styleassessment of life at NDLS, a group of 2Lsparodied "The Jerry Springer Show;' and"The lL Posse" presented"A Day in the Lifeof a 11:'

Research Librarian Lucy SalsburyPayne '88 J.D. opened the evening by re-minding everyone of the contributions ofFather Mike during his short time as a pro-fessor and assistant dean in the Law School.And although he is no longer with us,Father Mike's memory remains an ever-present part of the spirit of NDLS.

AWARDS AND HONORS

Third-year students Jessie Barrett '99 and Patrick Ryan '99 received the Charles Sweeney Scholarship for Achievement from the Board of Governors of the St.Joseph County Bar Association. Each received a $1,000 scholarship from the bar association in honor of Charles Sweeney '64 J.D. of the South Bend law firm ofSweeney, Pfeifer & Morgan.

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;!!II!!

t"-'1" ."

NDLS students consistently exhibit strong talentsapart from their scholastic and service activities.This year, as in the past, they have competed inUniversity leagues as well as in other nationalcompetitions and have demonstrated theirprowess in a number of athletic contests.

• For the second time in three years, theLaw School's football team TortJeasors wonboth the Law School championship and theUniversity's Graduate League champion-ship. Under the leadership of Student BarAssociation sports commissioner OmarM uno z '99 of Santa Ana, California, theteam continued its three-year undefeatedstretch in the Law School League and de-feated the MBA team 31-0 in the GraduateLeague finals played at Notre Dame Sta-dium. Team members included TommyBernardo '99 of East Greenbush, NewYork,Jeremy Cole '99 of Grand Rapids,Michigan,J.e. Coury'OO of Phoenix, Ari-zona, Blake Fix '99 of Lawrence, Kansas,Matt Gipson '99 of Belmont, Michigan,Dan Hollman '99 of Washington, D.e.,Shon Holyfield '99 of Roswell, Georgia,Matt Nielson '99 of Omaha, Nebraska, TimRacicot '00 of Helena, Montana, and ChrisRobinson '99 of Hamburg, New York.

• The 3L team continued a tradition begunlast year of besting the competition in thesecond annual co-ed Law School faculty-student softball tournament. The membersof the Class of '99 who led their team tovictory included Steve B oettinger of Pitts-burgh, Pennsylvania,Jeremy Cole of GrandRapids, Michigan, Karen Dubay of Troy,Michigan,Joni Gallagher of Broomall,

Back row (left to right): Dean David T. Link '58, '61J.D., Associate Professor Matt Barrett '82, '85 J.D.,Associate Professor Pat Schiltz, Visiting Professor TomNagle '68J.D., Professor Steve Smith, Associate DeanRoger Jacobs.

Front row (left to right): Bruce Welts '96 J.D., SisterDeborah Cerullo, S.S.N.D., Professor Teresa GodwinPhelps, Research Librarian Warren Rees, ProfessorAlan Gunn.

Pennsylvania, Matt Gipson of Belmont,Michigan, J en Healy of Scottsdale, Arizona,Amy Iann one of Hollywood, Florida,Margaret McCaffery of South Bend, OmarMunoz of Santa Ana, California, KerryO'Connor of Smithtown, New York, DavePruitt of University Heights, Ohio, ChrisRobinson of Hamburg, New York, andJayVanHandel of Neenah, Wisconsin.

• A number ofNDLS faculty participatedin the second annual co-ed softball tourna-ment in October. Although defeated by thelL and 2Lteams for thesecond yearin a row, thefaculty teamgave the LLsa scare earlyon andremainedhealthythroughoutthecompetition.

• In Gradu-ate Leaguesoccer ac-tion, theLL.M. pro-

gram fieldeda team underthe directionof GarthMeintjes'91LL.M., associate director of the Center forCivil and Human Rights. Named TupacAmaru, after a Native American warriorwho fought the Conquistadors with valor,the team made it to the semifinals in the fallourdoor soccer league, and made the play-offs in the spring indoor soccer league.

• Brian Banas '01 of Sterling Heights,Michigan, placed 43rd our of 90 in the sabreevent at the Penn State Open, held in Uni-versity Park, Pennsylvania, in November.

The winning 3L softball team.

• Eight brave law students took to theboxing ring this year to participate in BengalBours, the University's annual boxing tour-nament to benefit the Holy Cross Missionsin Bangladesh. Each endured weeks of rig-orous pre-tournament training under thedirection of Professor Charlie Rice, andrepresented the Law School well in thetournament, with two winning their respec-tive weight classes: Sean "The Erie Kid"Nowak '01 from Erie, Pennsylvania, byunanimous decision in the 163-pound divi-sion; and Trent"Kid Kokomo" Sandifur '01

from Kokomo,Indiana, by a splitdecision in the170-pound divi-sion. In otherrournament ac-tion, Babu "Notan Ounce of Ath-letic Ability" Kaza'01 of Dover,Delaware, BrianNestor'OO ofSpring Hill,Florida, andJoe"ThePolish Tank"Czerniawski '01of Franklin Lakes,New Jersey, putforth strongefforts in thequarterfinals forthe 150-, 170- and175-pound divi-

sions respectively, but did not advance.And three NDLS students made it tothe semifinal round: Phil "The Drill"Castrogiovanni '01 of Campbell, California,in the 145-pound division; BiIly"Sweet Pea"McMurtrie '01 of Bethesda, Maryland, andKevin Murphy '99 of Morganville, NewJersey, in the 163-pound division.

Watch for updates on the Law School Bas-ketball League, Bookstore Basketball andthe University of Virginia Annual LawSchool Softball Tournament in the nextissue of this magazine.

•40

News from the Legal Aid Clinic

Spring Break - Service StyleBy BARBARA SZWEDA

CO-DIRECTOR, NOTRE DAME LEGAL AID CLINIC

DIRECTOR, NOTRE DAME IMMIGRATION CLINIC

Nomatter how much we triedto deny it, the natives ofSouth Texas refu~ed to believethat we were not spnng

breakers" or in my case - with my greyinghair - "winter Texans:' After all, it wasthat time of year, and South Texas wascrowded with "those types:' This trip wasno pleasure cruise, however. Rather, eightstudent-lawyers in the Notre Dame Immi-gration Clinic and I traveled south to wit-ness first-hand what happens to immigrantsentering the United States before they reachout for our help at the clinic. We decided toput our precious spring-break time and ourimmigration-law experience at the service ofthose aching for a better life in the UnitedStates.

Clinic interns Susan F oxon '99 ofNorth Smithfield, Rhode Island, TammyGreenwald '00 of Batesville, Indiana, DannyInquilla '99 of Berrien Springs, Michigan,Teresita Mercado '00 of Phoenix, Arizona,George Perez '00 of San Diego, California,Ming S un '99 of Fremont, California, NitaUpadye '99 of Diamond Bar, California, andLing Yang '99 of Granger, Indiana, alongwith our clinic interpreter Carlos Baldizonand I, Hew down to Harlingen, Texas, forthe week of spring break, March 8-15. Tak-ing advantage of our inquiring minds andwilling hands, Charles Roth '96 J.D., aformer Immigration Clinic intern, invited usto work with him at Proyecto Libertad aswell as with Steve Lang at ProBAR, two probono organizations that help arriving immi-grants solve their legal problems -Proyecto Libertad with all types of immi-gration problems, and Pro BAR specificallywith asylum claims.

As soon as we arrived, we received ourassignments and went to work to respond tosome immediate needs. At Proyecto, Mr.Perez and Ms. Mercado began preparing fora Thursday trial involving the cancellationof removal for a Mexican woman and herchild. Ms. Sun represented two Honduranclients in court on Tuesday. Ms. Yang

researched and wrote two appellate briefs,one to the Board of Immigration Appealsand the other to the Fifth Circuit. Thesestudents spent every day of their springbreak either working in the Proyecto officesor in court three blocks away.

The group at ProBAR faced similartime challenges. Mr. Inquilla and Ms.Foxon spent the week in an attic office pre-paring for a Friday trial involving asylum fora battered spouse from Mexico and grap-pling with this relatively new ground forasylum. Ms. Greenwald worked on an asy-lum case for a detained Cuban, and assistedProBAR associate attorney Meredith Linskywith presentations on immigration rights atthe Port Isabel Detention Center. Ms.Upadye and I traveled south across the bor-der to visit Cubans in Mexico who had beenrefused entry into the United States untilthey had their asylum application, which weprepared for them, in hand. A number of usalso interviewed detained asylum-seekersand assisted them with their petitions at thedetention center.

Honorable David Ayala, the judge whoheard most of the immigration cases pre-pared by our student-lawyers, had highpraise for the hard work of our students.

Exhausted after five days of intensework, late nights and long hours, we wereready for a break. But even our "vacation"time revolved around learning more aboutthe immigration process. Our tour guide,George, arranged for a tour of the Immigra-tion and Naturalization Service (INS) bor-der facilities and for a ride-along with theBorder Patrol, to increase our knowledge ofhow the INS functions at the border.

At the INS, Special Operations Immi-gration Inspector Juan Vasquez gave us atour of the International Bridge and showedus how INS monitors those entering theUnited States as well as how INS detainsand questions illegal entrants. OfficerRivera, customs supervisor, then spent a fewhours showing us how INS detects the ille-gal importation of drugs and other contra-band with their specially trained dog squad.Officer Kuhen of the Department of

Agriculture also demonstrated how theagency detects "actionable pests;' and de-scribed for us a number of products thatcannot be imported into the United States.

Our adventure with the Border Patroloccurred at dusk, the time when the borderseems most porous. Supervisor Meehanexplained the Border Patrol's function indetecting and detaining illegal entrants intothe United States. He showed us the deten-tion facility, explained how the agency de-cides who will be detained and who will bereleased, and demonstrated some of thehigh-tech equipment the Border Patrol usesto detect illegal entrants. We then joinedSupervising Officer Pat O'Reilly for a ride-along as he patrolled the borders andstopped illegal entrants. He allowed us totalk to the illegal entrants - or "travelers" as

they are called by the patrol - and ques-tion them regarding their reasons for leavingtheir home countries.

We came back from this spring-breakadventure with a better understanding ofhow INS works. But what we treasuredmost was the people we met: the attorneyswho selflessly work long hours to representthose who cannot afford legal services; andthe clients who trusted us with their stories,showed us life as we did not know it andallowed us to help them. We met a braveMexican woman and her son who were es-caping from an abusive husband and father;a mother and her three young children whomay be deported to Mexico after living in

•41

the United States for 10 years because thecourt found that they would not suffer an"exceptional and extremely unusual hard-ship" if they were forced to return; a fatherand his son escaping the ravages of Hurri-cane Mitch; four young Cuban men who

could no longer tolerate Castro's Revolutionand oppression of their human rights andwho desired a better life for themselves andCuba. Besides telling us their stories, theyallowed us to hone our legal and advocacyskills, and gave us the confidence that wecould be good attorneys and still "do good:'And instead of sand and tans from SouthPadre Island, we brought back to SouthBend briefs to be written to the Board ofImmigration Appeals.

The Immigration Clinic student-internsappreciate the generosity of University PresidentEmeritus Reverend Theodore M. Hesburgh,C.S.c.; Reverend Richard Warner, C.S.c., andthe Office of Campus Ministry; Reverend JohnJenkins, C.S.c., and the Indiana Province of theCongregation of Holy Cross; and Dean David T.Link '58, '61 J.D. and the Notre Dame LawSchool. Without their support, this trip wouldnot have been possible.

•42

IL s ILA c o ow HI

DiversityAward

At the annual meetingof the Association ofAmerican Law Schoolsheld in New Orleans in

January, NDLS received a CLEODiversity Award. The Council forLegal Education Opportunity(CLEO) program assists deservingmembers of ethnic-minority groupstraditionally underrepresented inlegal education by providing educa-tional programs to prepare them forthe rigors of law school. NDLS has long supported the CLEO program, through hostingthe preparatory program on campus and through providing significant financial support onan annual basis.

A Celebration ofScholarship

On November 18, 1998,NDLS hosted a Book Parryin the press box at NotreDame Stadium to honor

faculty members who had published booksin the 1996-97 and 1997-98 academic years.A number of faculty and deans from acrossthe University attended as well, and learnedmuch about the recent scholarship of ourfaculty. During that time period, NDLSfaculty published 35 books or significantbook segments. Research Librarian LucySalsbury Payne '88 J.D. organized an at-tractive display of these works to showcasethe wide range of scholarship of our faculty.

FEMINISTJURISPRUDENCE

Jennifer S.Hendricks, a student at theHarvard Law School, was selected as thewinner of the NDLS Feminist Jurispru-dence EssayContest. She presented herpaper, "Congressional Enforcement ofWomen's Equality and Citizenship Underthe Fourteenth Amendment" at NDLS inNovember.

For monthly updates on news from the Notre Dame LawSchool, check out the "NDLS Update" on lineat http://www.nd.edu/~ndlaw/NDLSUpdate/ndlsupdate.html.

For the Law School calendar of events, log on to http: ••www.nd.edu/~ndlaw/calendar/nectcal.html.

DistinguishedSpeakers

• In October, the Environmental Law Soci-ety and the Federalist Society co-sponsoreda talk by Gordon K. Durnil, author of THEMAKING OF A CONSERVATIVEENVIRONMEN-TALISTand Is AMERICABEYONDREFORM?Mr. Durnil served as the United Stateschairman of the International Joint Com-mission for over four years. He also servedas Republican State Chairman for the Stateof Indiana, and on the Executive Committeeof the Republican National Committee.

• In November, Honorable PaulNiemeyer '66 J.D. of the United StatesCourt of Appeals for the Fourth Circuitdelivered a lecture at NDLS titledTcethink-ing Discovery:' Judge Niemeyer, who chairsthe Advisory Committee on the FederalRules of Civil Procedure, described the ex-tensive changes in discovery that his com-mittee has proposed, along with the futureof rules concerning discovery.

• Also in November, philosopher JosephDunne of St. Patrick's College in Dublin,Ireland, presided at a faculty colloquium onthe topic of "Professional Judgment and thePredicaments of Practice:'

• As part of the Olin Distinguished Lec-ture Series funded by the Olin Foundationof New York City and organized throughthe Natural Law Institute, Hadley Arkes,Ney Professor of Jurisprudence at AmherstCollege, delivered a lecture at NDLS in Feb-ruary titled"On the Novelties of an OldConstitution: Settled Principles and Unset-tling Surprises:' Professor Arkes hasauthored numerous books, including THERETURN OF GEORGE SUTHERLAND,an intel-lectual biography of one of this century'smost capable Supreme Court justices, andBEYONDTHE CONSTITUTION, an examinationof the philosophical presuppositions of theConstitution. He has also been active inpolitical circles helping to draft, among

other bills, the Defense of Marriage Act.He contributes a regular column, Life Watch,to the monthly magazine CRISIS.

ADMINISTRATIVE AND

STAFF NEWS

• Dan Manier '87, '93 M.S., who joinedthe Law School last spring as director ofcomputing services, has assumed new re-sponsibilities as the director of technologyservices at NDLS. In addition to continu-ing supervision over Law School computerservices, Mr. Manier now has responsibilicyfor developing and maintaining the LawSchool's entire technology infrastructure,including audiovisual services and the useof computer technology in the classroom.Universicy Provost Nathan O. Hatch hasnamed Mr. Manier to a new Teaching,Learning and Technology Roundtable,designed to facilitate conversation amongthose involved in teaching, learning andtechnology at the University and to recom-mend to the provost and other campusbodies ideas to develop teaching and tech-nology at Notre Dame, enabling the Uni-versity to position itself effectively for thefuture.

• After 18 years of dedicated service toNDLS, faculty secretary Corinne Karlinretired at the end of the fall semester; andafter eight years delivering the mail and acheery smile all around the Law Schoolrwice each day,Brother Tom Balaz, C.S.C.,also retired in December. We will missboth of them, and thank them for theirdedicated service for so many years.

• In the Admissions Office, staff memberMary Colglazier left in November to pur-sue other opportunities; and in the Dean'sOffice, Dana Ruth left NDLS in Februaryto begin her own business.

• New additions to the Law School staffinclude Gloria Krull as faculty secretaryand Wendy Noecker as a staff member inthe Admissions Office. Ms. Krull joinedthe University in 1996 in the First-Year ofStudies as a staff assistant to the assistantdeans. Ms. Noecker previously worked forKeyBank/Society/National Bank for sixyears, where her responsibilities includeddata processing, electronic debits and cred-its, and customer service.

• Deb Fox, acquisitions assistant on theKresge Law Library staff, has been electedvice president of the University's Staff Ad-visory Council, which provides a forum forrepresentatives to discuss staff concerns

with University officials. Ms. Fox hasserved the Law School and Universitycommunities well for several years as theLaw School's elected representative to thecouncil.

• And best wishes to Lisa (B olanz)Patterson '96 J.D., director of careerservices, on her December marriage toDave Patterson.

•43

News from the Career Services Office

A Banner Year for Employment

Career Services Director Lisa M. (B olanz) Patterson '96 J.D. reports outstandingemployment statistics for the Class of 1998. The March 1999 statistics indicatethat with 155 of the 159 class members (97.5 percent) reporting, 150 studentsare "placed" - that is, they have secured jobs, are pursuing advanced degrees or

are not actively seeking jobs - for an employment rate of 96.8 percent (150 students placedout of 155 reports). She is extremely pleased with this rate, which is as high as it has been inrecent years.

Average starting salaries continue to climb as well, with an overall mean of $60,307, up9 percent from last year, and an overall median of $60,000, up 3 percent from last year, forthe 112 graduates who provided that information. Starting salaries for those in private prac-tice average slightly higher, with a mean of $68,928 and a median of $67,500 for the 76graduates who provided that information.

The chart below identifies the types of placements - including advanced-degree programs -secured by the Class of 1998. Nearly two-thirds of the class chose private practice. Placements in gov-ernment positions and the military fell slightly from last year, and increased in the judicial clerkship andbusiness and industry categories.

Breakdown by Practice Area

Advanced DegreePrograms - 2.0%

Military \' Public-Interest-27% -27%

BUSinessand \~~\, ~ ~o~ ~~kjng

~~~~ "~" Academic~ '\ -20%

Government - .b _-60%

- Private Practice-64.0%

The geographic spread of NDLS graduates reflects the national population from which our stu-dents come. As in the past, the majority of NDLS students remain in the "East North Central" area,defined by the National Association for Law Placement (NALP) to include Illinois, Indiana, Michigan,Ohio and Wisconsin. The largest jump in placements this year occurred in the Mid-Atlantic region,defined by NALP to include New Jersey, New York and Pennsylvania, with a corresponding decrease inthe South Atlantic, defined to include the southern coastal states.

Breakdown by Geographic Region

I Intemational -.7% I

•44

News from Law School Relations

Legal Ethics in D.C.:From the Golden Dome to the Capitol Dome

IIhe Lawyers Section of theNotre Dame Club of Washing-ton, D.C., together with theLaw School's Thomas J. White

Center on Law and Government, organizeda thought-provoking continuing legal educa-tion program tided "Legal and Ethical Issuesof Cloning;' on November 12, 1998, as thekick-off event to the club's slate of events forthe Notre Dame vs. Navy football weekend.Doug Young '86, Don Longano '76 andNancy Zaczek'83 J.D., with the assistanceof White Center Director Reverend JohnH. Pearson '68, '71 M.T h. and GinaMahony'91 ofIndiana CongressmanTim Roemer's office, coordinated a confer-ence that was enlightening and thoughtprovoking.

The slate of speakers included distin-guished academics and high-level policymakers. The morning panel discussion,moderated by Father Pearson, featured:

• Dr. Leroy Walters, director of theKennedy School of Ethics at GeorgetownUniversity, presented the scientific perspec-tive of cloning. He described the jive gener-ally accepted reasons for cloning humans -from a pure "commodity" perspective to asolution for infertility - and noted that thereason for the action affects the moral judg-ment attached to it. Although he favorspublic regulation of the cloning enterprise,he prefers regulatory solutions that considerthe intent behind the procedure.

• M. Cathleen Kaveny, associate profes-sor of law at NDLS, addressed the relation-ship between law and morality in thecontext of cloning, asking how to translatethe moral concerns about the science intoappropriate laws and policies. She focusedon the issue of human autonomy and onhow cloning might diminish any sense ofautonomy in the person who results fromthe procedure based on the expectations ofthe person who initiates the procedure. Sheasserted that a focus on personal autonomymight lead policymakers in the correctdirection.

• JohnH.Robinson '72 M.A., '75Ph.D., associate professor of law at NDLS,then discussed what makes it impossible tosucceed in any efforts to develop an appro-priate regulatory scheme, including theinterests of science, the political process, theintentions of those who desire cloning, andmoney. He noted that interactions betweenthese competing interests are frustrating atbest, and will lead to a system where thefastest movers - money, then science -determine the agenda.

Dean David T.Link'58, '61J .D. gavethe luncheon address where he talked aboutNotre Dame's leadership role in such keyissues and hoped for further similarsessions.

• The afternoon panel discussion featuredthose involved in policymaking including:Irene S titb-C oleman from the Library ofCongress, who discussed legislative issues incloning and the status of current legislativeefforts; Scott Giles, a staff member of theUS. Senate Labor and Human ResourcesCommittee, who discussed the speed oftechnology advancement and the issuesbeing considered currently by the Senate;and Richard D oerjli nger of the US.Catholic Bishops Conference, who discussedthe influence of public policy on federal law.

In attendance were a number ofNotre Dame alumni, students and facultyfrom Catholic University of America,Georgetown University and George Wash-ington University, as well as undergraduatestudents from Notre Dame's Washington,D.C., program. All found the program in-formative and interesting.

The D.C. Club and the White Centerhope to develop a similar program for thespring of 2000. If you're interested in help-ing with the arrangements, please contactDoug Young at (703) 892-5823.

FALL CLE

This fall,NDLS will again offer three programson select home-football weekends - NO vs.Oklahoma (October 2, 1999), NO vs. Navy(October 30, 1999) and NO vs. Boston College(November 20, 1999) weekends. Ifyou did notreceive information on last year's program butwould like to receive next year's mailing,pleasenotify Cathy Pieronek at the Law School RelationsOffice.

ADR PROGRAMS

NDLS and the Trillium Group have scheduled twomore Alternative Dispute Resolution continuinglegal education programs focusing on negotiationand mediation. The four-day programs provide24.5 hours CLE credit through the LawSchool,and will be offered in Cleveland, Ohio, May25-28, 1999,and in Phoenix, Arizona, June 8-11,1999. For more information, please contact theTrillium Group directly at (416) 307-0027.

FOR MORE INFORMATION

Ifyou need any information about LawSchool programs or activities either oncampus or in your local area, ifyou have anaddress change, or ifyou don't know whoelse to call to help you with your particularneeds, please contact Cathy Pieronek, direc-tor of Law School Relations:

by mail 118 LawSchoolNotre Dame, IN 46556(219) 631-6891(219) 631-4789catherine.f.pieronek.1 @nd.edu

by phoneby faxby e-rnail

•4S

News from the Center for Civil and Human Rights

Human Rights at Home -the Death Penalty Question

IIhe international composition ofits student body, together withrecent high-profile efforts tosupport the international crimi-

nal tribunals in the former Yugoslavia and inRwanda, gives the work of the Center forCivil and Human Rights (CCHR) a decid-edly international flavor. The CCHR, how-ever, also addresses human-rights issues inthe United States. One recent effort in In-diana has brought the CCHR a fair amountof attention from local politicians and mediafor its work on abolishing the death penalty- not only overseas, but close to home aswell.

In February, the Indiana State SenateCommittee on Corrections and Civil andCriminal Procedures debated a proposal byState Senator Cleo Washington CD-SourhBend) urging a full legislative review of thedeath penalty in Indiana. Senate Bill 298failed by a seven to four vote to move out ofcommittee to the full legislature despiteefforts by faculty and students in the CCHRto persuade lawmakers to abolish the deathpenalty. The CCHR:s statement is availablethrough the Law School Relations Office.

At the invitation of Senator Washing-ton, NDLS Dean David T. Link '58, '61J.D. addressed the Indiana Senate commit-tee, and reports that one senator changedhis mind and voted for abolition of Indiana'sdeath penalty precisely because of the dean'sstatement. Dean Link also announced anew ecumenical effort in Indiana, to be co-ordinated through parish churches, to op-pose the death penalty in Indiana. DeanLink's address is also available through theLaw School Relations Office.

On the same day the Indiana Senatecommittee debated the measure, AssociateDean Fernand N ."Tex" Dutile'65 J.D.,Associate Professor Jay Tidmarsh '79 andLL.M. candidate Paul S imo of Cameroon,West Africa, participated in a panel discus-sion on campus titled "The U.S. justice Sys-tem: The Death Penalty in Question;'sponsored by the University's African andAfrican-American Studies program and theDepartment of History.

Activities Around the World

• Kelly Askin, visiting scholar in theCCHR, together with NDLS ProfessorTeresa Godwin P helps and LL.M. candi-date Sharelle Aitchinson '99 LL.M., filedan amicus curiae brief before the Interna-tional Tribunal for the Former Yugoslaviaarguing, among other things, that rape-counseling records should be afforded privi-lege. The tribunal accepted the brief inNovember.

• Ada Verloren van Themaat'90 LL.M.,assistant professional specialist in theCCHR, attended the 24th Ordinary Sessionof the African Commission on Human andPeoples' Rights, in Banjul, Gambia, in Octo-ber. The CCHR is the only educationalinstitution that has observer status at theAfrican Commission, and this marks thefirst time that the center has sent a repre-sentative to a session of the commission.

D istinguishedSpeakers - HumanRights Roundtable

• In November, the CCHR sponsored aHuman Rights Roundtable on "Implement-ing the Protection of Human Rights inthe Inter-American System" conductedby Gustavo Gallon, a member of theColombian Commission of Jurists andcurrently a visiting residential fellowat the University's Kellogg Institute forInternational Studies.

• The February Roundtable featured apresentation on "Complementarity and ItsDiscontents: States, Victims and the Inter-national Criminal Court;' by MadelineMorris, professor oflaw at the Duke Uni-versity School of Law. Professor Morris hasauthored significant works on accountabil-iry, international humanitarian criminallaw and international criminal courts.

Notre Dame Advocates: An Opportunity for Service

the reasoning used in decisions fromCanada, the United States and the UnitedKingdom. A simple brief explaining whatour courts do and why they decide cases in aparticular manner can be very helpful bysaving the local attorney precious time andmoney in researching and writing aboutthese issues. In other cases, the forum issomewhat more familiar - the U.S. federalcourt system - only with an additionalinternational dimension.

Beyond direct legal research support,Notre Dame Advocates support human-rights work and human-rights workers in avariety of ways. Because of the nature oftheir work, human-rights attorneys natu-rally become targets of those in power. Thishappened recently to Bruce Harris, directorof Casa Alianza in Guatemala, where NadiaSoundy '98 LL.M. worked as an intern. Inaddition to submitting an amicus brief to theGuatemalan Supreme Court regarding defa-mation and the freedom of expression,Notre Dame Advocates followed up withletters, faxes and phone calls to governmentofficials in Guatemala and the UnitedStates. In a similar manner, Notre DameAdvocates have actively supported the extra-dition to Spain of General Pinochet (10 ofour graduates hail from Chile) and will be-gin a letter writing campaign to LaHore,Pakistan, the home of Ali Qazilbash '97LL.M., whose brother was murdered last

year.To support these causes and more,

Notre Dame Advocates are laying the foun-dation for a network of lawyers and a pro-gram of support that will serve NotreDame, its graduates and a world thirstingfor justice well into the 21st century. Weinvite each of you to join our efforts in a waythat makes sense for you - whether youare most comfortable with what has becomea specialty practice area for you, whetheryou embrace the challenges of new anduntested law, whether you have time andmoney to contribute, or whether you havethe interest and an expertise to share.Each input makes our network stronger.

For more information contact:John BlakeleyNotre Dame Advocates for

Human RightsCenter for Civil and Human RightsNotre Dame Law SchoolNotre Dame, IN 46556Phone: (219) 631-8555e-mail: [email protected]

By JOHN BLAKELEY '97, '98 LL.M.,PROGRAM COORDINATOR, NOTRE DAME ADVOCATES FOR HUMAN RIGHTS

l~ecenrly, I read about a womanwho had served as a nurse duringthe war in Vietnam. While homeon leave, shopping in a mall with

friends, the absurdity of her surroundingsassaulted her. She broke down in tears atthe realization that most people seemedoblivious to the thousands, even millions,who at that very moment struggled to retaintheir humanity amidst the terror of modernwarfare.

I've shared very similar feelings. Whilereturning from a protest of an executionhere in Indiana, I stopped for gas. Stillshaken from the thought - worse, the real-ity - of premeditated killing, I encountereda store clerk who greeted me with thecheery inquiry, "Did I need anything else,"I had to wonder whether she knew that "we"had just killed one of our own. Similarly,after a trip to Haiti with the ChristianPeacemaker Teams (see Notre Dame Lawyer,Fall/Winter 1996) I stood in the center ofthe student lounge at the Law School. Stillprocessing the despair and violence I wit-nessed in Central America, I watched inwonder at the superficial conversations andtrivial arguments taking place all around me.Could they even know ... ,

Anyone who works with "the extreme"has experienced this alienation and despera-tion. And for human rights lawyers, itcomes with the territory. The late ReverendBill Lewers, C.S.c., founder and formerdirector of the Center for Civil and HumanRights (CCHR), would have known thisfeeling well. He witnessed first-hand thegap that separated traditional law studentsfrom the attorneys he brought to the centerto explore the boundaries of civil and hu-man rights. Yet where the cynical saw achasm, Father Bill saw a mere gap. And hedreamed not only of bridging that gap, butdeveloping a widespread network of attor-neys motivated to protect human rights.His dream takes shape this year as theCCHR establishes Notre Dame Advocatesfor Human Rights.

Notre Dame Advocates focuses onproviding assistance to those attorneys -for the most part, graduates of our LL.M.program - who are working to secure fun-damental human rights throughout theworld. Though these attorneys are wellequipped with intellectual and legal tools,their efforts are often hampered by inad-equate resources and an overwhelmingdemand for their services.

Judith Robb '95 LL.M. works as one ofonly two attorneys with the Farm WorkersProject in the Stellenbach Rural Office inSouth Africa. In an effort to prevent theeviction of two farm-worker families shesought to invoke a right to family life. Un-able to draw anything useful from the lim-ited materials in her office and unable to getassistance from advocates, academics andthe Gender Commission in South Africa,she turned to Notre Dame Advocates.Within 24 hours she received the materialsshe needed to advance her arguments.Other cases in which Notre Dame Advo-cates have been actively involved include alawyer in Malawi whose license had beenrevoked, a Liberian immigrant who hasbeen threatened with torture and death ifdeported, and Native Americans in theState of Washington seeking a spiritualeasement.

At first, it might seem intimidating fora conventional attorney to get involved withcases addressing foreign and internationallaw. Many might think that they have nei-ther the time nor the expertise to assist inthese worthy causes. In most of these cases,however, complex issues can be separatedand simplified into less daunting projects.For example, in the Malawi case mentionedabove, the courts of Malawi regularly adopt

THE MISSION

Notre Dame Advocates for Human Rights have many

functions. All Notre Dame lawyers are welcome to

join in any of the efforts listed below:

- promoting student and alumni involvement inhuman rights work;

- providing legal research support to attorneys

abroad who lack the resources necessary to achieve

their goals;

- providing direct advocacy on human-rights issues

in national and international courts;- wridng amicus briefs in support of human-rights

issues;- pardcipating in on-site reporting and invesdgadve

teams;

- serving as expert witnesses;- introducing innovations and sponsoring research

to expand the use of international law;

- sharing lessons learned among a network of

human-rights advocates;

- providing on-site human-rights education;

- creating partnerships with similar organizations

throughout the world; and- sponsoring an annual human-rights awards dinner

at the University.

•47

News from the Order of St. Thomas More

Law Class

1913

Order of St.Thomas More Continues to Grow

OVER THE PAST YEAR, the Order of St. Thomas More continued to grow with membership reaching354. The total consisted of 299 Notre Dame Law School graduates, 40 other Notre Dame graduates and15 friends. Each member contributed at least $1,000 to the Law School in 1998.

Patrick F. McCartan '56, '59 J.D., chair of the order, commented favorably on the results:"While I am pleased with the 12 percent increase in membership over last year, I believe we can do evenbetter. We owe it to both current and future students to help as much as possible in funding the LawSchool's priorities, especially financial aid:'

Following is a listing by law class year of giving to the Law School for 1998.

Number ofGraduates withValid Address

Graduates WhoMade a Gift to

the Law School

Order ofPercent of

Participation

St.ThomasMore

Members

o 0%

0%

1922 o 0%

1926 o

0%

1927 100%

1929 25%

1928 o4

1930 4 o 0%

1931 o 0%

6 o 0%

1932 2 0%o

0%

1933

0%

1934 o

10%

1935 o

1937 17%

1936 10

6

1938 7 14%

1939 7 14%

10%

1940 13 2 15%

6

1941 10

25%

1942 15 40%

1944 2

1943 8 2

12 4 33%

1945 6 50%

1946 6 17%

2

1947 14 21%

1949 2

1948 35 9 26%

43 14 33%

1950

4

36 39% 414

1951

1952

67 19 28% 6

40 12 30%

1954 2

1953 37 10 27%

30 7 23%

1955

4

40 10 25% 4

1956

1957

43 14%6

39 12 31% 2

1959 9

1958 27 10 37%

32 14 44%

1961 27%

1960 27 5 19%

44 12

Law Class

1962

Number ofGraduates withValid Address

37

Graduates WhoMade a Gift tothe Law School

17

Order ofPercent of

Participation

46%

St.ThomasMore

Members

8

1963 31 13 42%

1965 41964 40 14 35%

39 10 26%

1966 50 17 34% 13

1967 58 18 31% 7

10

1968 53 18 34% 6

10

1969 77 30 39%

1971 9

1970 68 19 28%

75 27 36%

1972 128 45 35% 19

1973 190 45 24% 10

17

1974 132 32 24% 6

1975 114 32 28%

7

1976 132 27 20%

1978 8

1977 146 30 21%

141 24 17%

1979 139 23 17% 9

1980

•48

News from Law School Development

Law Library Expanding International Collections

THE LAW SCHOOLS INCREASING GLOBAL OUTREACH is being addressed by Associate Dean and Directorof the Kresge Law Library Roger F.Jacobs and his staff. Some 13 collections in the international area form part of a listof nearly 60 collections identified as crucial to enhanced teaching and scholarship in the Law School.

The following list of endowment opportunities would enrich significantly the information resources the librarycan provide NDLS students and faculty in the international area. If you are interested in more information about anyof these collections, including how to arrange for their funding and be recognized with a commemorative plaque in boththe Hesburgh and Kresge Libraries, please contact the Law School Relations Office at (219) 631-4083.

Name ofCollection

EndowmentNeeded

Annual IncomeNeeded

International Public Law $600,000 $30,000The rapidly growing field of international law,which concerns the law among nations, has created a

constantly increasing demand for legal information. This is a library priority.

International Human Rights Law $400,000 $20,000Each year, the University's Center for Civil and Human Rights in the Law School enrolls 12 to 15lawyers from around the world in an advanced study program, and must acquire a wide variety of

human-rights research materials to support its work.

International Commercial Law $200,000 $10,000Legal aspects of international trade activities are normal occurrences for many attorneys today.

Numerous and expensive titles have been published recently on GATT, NAFTA and other internationalcommercial law developments.

Private International Law $200,000 $10,000This area governs transnational legal affairs between nongovernmental organizations such as corpora-

tions and between private citizens. This specialized area of practice and research has been developing

rapidly in the wake of global business activity, communication and travel.

Commonwealth Law $100,000Materials from all common-law countries provide a wealth of information on the development of the

common law in other English·speaking countries. Scholarly monographs in individual areas of the law

and important law periodicals from those nations where the common-law system has taken root are

essential in wresding with problems in American law.

Hispanic Law $100,000 $5,000

The proximity of Central and South America to the United States dictates a shared interest on legal

issues such as trade, human rights, immigration, environmental and labor law. Additionally, Notre Dame

shares in the values and traditions of Latin America, making this an opportunity for collaborative

programs.

International Environmental Law $100,000 $5,000While most nations struggle to balance environmental protection and industrial development within

their own borders, it is also obvious that environmental pollution knows no national boundaries. This

area is rapidly emerging as the logical, legal scheme for protecting the earth's environment, and is an

area in which Notre Dame can engage in world-class research.

Name ofCollection

EndowmentNeeded

Annual IncomeNeeded

International Family Law $100,000 $5,000

With the world becoming a global village, legal problems concerning families have become matters of

multinational and international law. The many international treaties and conventions on families are

nationally significant areas of scholarship for Notre Dame.

Comparative Legal Systems • $70,000 $3,500

Multinational legal transactions are becoming commonplace, and students must be made aware of the

legal structures and essential concepts of non-common law legal systems.

Foreign Law Journals in English $70,000 $3,500

English is the international language of law,and many nations realize it is essential to make their legal

concepts and theories available to all scholars, regardless of their nationality or language proficiency.Today, an increasing number of law journals from non- English speaking countries are becoming available

in English.

Asian Law $50,000 $2,500

Legal aspects of commercial trade with Pacific Rim nations continue to be of significant importance to

the American legal community, and the library plans to build a collection of Asian legal materials trans-lated into English as they become available.

$5,000

International War Crimes Tribunals $50,000 $2,500International tribunals are becoming the primary means of dealing with war crimes, and this is animportant development in establishing the moral and ethical norms for military behavior. Tribunals are

in session currently to deal with the war crimes committed in Rwanda and the former Yugoslavia.

Students from Notre Dame's Center for Civil and Human Rights serve regular~ as clerks to the

International War Crimes Tribunals at The Hague, and research materials in this area would further thecenter's work.

Scottish Law $50,000 $2,500

The Scottish legal system combines much of continental civil and Roman law traditions with somecommon law concepts. Scottish materials provide an interesting window into European civil law. A

small collection of Scottish treatises and primary material will form a very useful collection for com-

parative legal research.