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NDLS Updates Law School History

8-1-1994

NDLS Update 08/1994Notre Dame Law School

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NontEDAME

SEP 161.SSA

LAWUBRARY

NDLS Uf2dateNews from the Notre Dame Law School

Vol. IV, No. 1August, 1994

ABA CRITERIA AMENDED --LONDON FULL-YEAR PROGRAM

NOW LEGAL!

The Council of the ABA's Section ofLegal Education and Admissions to the Bar,meeting in Minneapolis, amended its"Criteria for the Approval of SemesterAbroad Programs." A new Criterion nowallows law students to earn up to one-thirdof their required credit hours in "semesterabroad" programs. WE ARE NOWLEGAL!

NDLS WELCOMES NEW ASSISTANTDEAN AND THREE FACULTY

MEMBERS

The Fall Semester will mark the

TEX DUTILEEDITOR

arrival of four new faces to NDLS. PatriciaC. Leonard, formerly Vice President of theSociety Corporation in Cleveland, hasassumed the position of Assistant Dean forAdministration in the Law School. Ms.Leonard, a 1975 graduate of the LawSchool, will succeed Janis Johnston, whoserved superbly as Interim Assistant Dean.

John Garvey, formerly of the LawSchool at the University of Kentucky, joinsus as a Full Professor. John, a nationallyknown scholar and excellent teacher, earnedhis A.B. in 1970 from Notre Dame and hisJ.D. in 1974 from Harvard. Following aclerkship with Judge Irving Kaufman of theSecond Circuit, John served as an Associateat Morrison & Foerster before becoming amember of the faculty at Kentucky. John

August, 1994 NDLS Update Au<•••revolution.also served as Assistant to the Solicitor

General in the United States Department ofJustice.

Roberta M. Berry, AssistantProfessor at Drake Law School, will spendthe 1994-95 academic year as a Visitor atNDLS. Roberta was graduated fromSwarthmore College in 1976 and earned herJ.D. from Wisconsin in 1982. She haspracticed with two law firms and, from 1983to 1986, served as Legislative Attorney forthe Wisconsin Legislature. At Notre Dame,Professor Berry will teach both sections ofContracts.

Mary Gillmarten, a specialist inInternational Taxation for the InternalRevenue Service in Washington, will spendthe year at Notre Dame under the IRSVisiting Professor Program. Ms. Gillmartenwas graduated from the University of NotreDame and received her J.D. fromGeorgetown.

A warm welcome to all!

DWIGHT KING APPOINTEDTO TASK FORCE

Carol Billings, President of theAmerican Association of Law Libraries, hasappointed Dwight King to a blue-ribbon taskforce to plan and coordinate the nationalconference on legal-information issues. Theconference will bring together over 150leaders from all sectors of the legal-information community--judges, law faculty,practicing attorneys, government officials,publishers and information professionals--who, along with law librarians, will focuson the implications of the legal-information

PINDLS ALUM WILL HEAD

NATIONAL DISTRICTATTORNEYS ASSOCIATION Adv

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The National District AttorneysAssociation, during its annual summerconference in Newport Beach, California,named Michael Barnes president-elect.Barnes, NDLS '73 and St. Joseph CountyProsecutor, will become president in 1995.The Association, boasting a membership ofover 7,500, constitutes the nation's largestgroup of prosecuting attorneys.

A longtime member of the group,Barnes serves on its board of directors andchairs its membership committee. His workwith the Association includes service on thechild-support and drug-control committees.Moreover, he has served as a member of theExecutive Working Group, which representsNDAA, state attorneys-general, U.S.attorneys and Department of Justiceofficials. The Group meets often inWashington to consider matters related tocriminal justice.

mad!TrusPalmRam:DamsociodegreUnivDameIRISH LAW ENDOWMENT

ANNOUNCED

Mr. and Mrs. Rex P. O'Connor ofIonia, Michigan, have pledgedapproximately $90,000 to establish anendowment to support the development ofcollections in Irish law. The Law Librarywill attempt to collect materials placing Irishlaw in the larger social and cultural contextsand, in so doing, support the University'sdeveloping interest in Irish studies.

LawyprofeAmerandAssocTrust!Dameyears.

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August, 1994 NDLS Update

NDLS GRAD APPOINTEDPUBLICATIONS EDITOR FOR NITA

The National Institute for TrialAdvocacy has announced the selection ofJohn M. Maciejczyk as its new publicationseditor. John was graduated from the UnitedStates Naval Academy in 1981 and from theNotre Dame Law School in 1984. At NotreDame, John served as Note and CommentEditor for the NOTRE DAME LAW REVIEW.A member of the PENNSYLVANIABAR, hehas practiced corporate law in the Houstonarea since 1987, except for a one-year stintat Miles and Stockbridge in Baltimore. Johnbegan his career at NIT A in late July.

DIANA LEWIS, LAW SCHOOL ALUM,NAMED TO UNIVERSITY BOARD

NDLS alum Diana Lewis has beenmade a member of the University's Board ofTrustees. Lewis, a partner in the WestPalm Beach, Florida, law firm of Gay,Ramsey & Lewis, was graduated from NotreDame in 1974 with a bachelor's degree insociology. After receiving a master'sdegree in education from Florida AtlanticUniversity in 1976, she returned to NotreDame, earning her law degree in 1982.

A member of the Guild of CatholicLawyers, Lewis also is active Inprofessional societies, including theAmerican Academy of Hospital Attorneysand the National Health LawyersAssociation. Prior to her election as aTrustee, she was a member of the NotreDame Law School Advisory Council for fiveyears.

LAW ADVISORY COUNCILADDS MEMBER

Paul J. Polking, NDLS '66 andExecutive Vice President and GeneralCounsel of NationsBank Corporation, hasbeen appointed to the NDLS AdvisoryCouncil. Paul did his undergraduate workat Notre Dame, earning a B.S. in Commercein 1959. Paul lives in Charlotte, NorthCarolina, with his wife Joan and their fivechildren.

BURKAN AWARDS ANNOUNCED

First Prize in the 1994 NathanBurkan Memorial Competition has beenawarded to W. Scott Judice for his essayentitled, "Is the Reverse Engineering ofProtected Software Permissible UnderCurrent American Copyright Law?" SecondPrize went to Martin Schrier for his essayentitled, "The Semiconductor ChipProtection Act of 1984 and its Role inIntellectual Property Protection." Cashawards accompanied both prizes.

NEWS FROM THE LAW LIBRARY

The American Association of LawLibraries held its annual meeting in Seattle,Washington, July 9 through 13. Over forty-five percent of the Association's 5, 000members attended the meeting. The lawlibrary was represented by Roger Jacobs,Janis Johnston, Dwight King, Lucy Payneand Joe Thomas. The meeting gave thelibrarians the opportunity to attend numerouseducational sessions, to view a massivedisplay of new information sources andtechnologies and to network with theircolleagues around the country upon whom

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August, 1994 NDLS Update Aug-they rely for resources and informationbeyond the walls of the Kresge Library.Janis Johnston was an invited speaker on aneducational program concerned withpersonnel management. She spokeparticularly on the relationship between themanager and her supervisor.

A newly approved position for LawSchool Computing Director/Manager hasbeen approved, triggering anational/international search for appropriatecandidates.

Roger Jacobs attended the CALI-LEAP Institute in Chicago, a programdevoted to new-technology applications inlaw schools, and a Council meeting of theAmerican Bar Association Section of LegalEducation and Admissions to the Bar inMinneapolis. The theme of the ABAmeeting might have been "Current Tensionsin Legal Education:" the pending suit of theMassachusetts Law School against the ABAand this Section; a circular letter fromfourteen deans criticizing alleged micro-management of the ABA's regulatoryprocess; the Department of Justice AntitrustDivision's investigation of potential actionsagainst the Association on the theory that itconstitutes the classic cartel; andpromulgation by the Department ofEducation, which accredits the ABASection, of new regulations that wouldrequire the Section to regulate legaleducation even more closely.

Joe Thomas and Beckie Brothersattended an INNOVATIVE Interfaces andUsers Group meeting in Columbus, Ohio.The meeting considered new applicationsand refinements of our primary technologyfor processing serials material.

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Attorney Thomas W. Bosse ofDeters, Benzinger & LaVelle, Covington,Kentucky, wrote to Carmela Kinslow: "Ialso wish to thank all of the library staff fortheir very generous assistance to me while Iwas there last week. It makes a bigdifference when working on a big, difficultcase. Thanks again."

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Patti Ogden recently vacationed inSwitzerland. While there, she offered anInternet Seminar to the Library of theInternational Labor Organization in Geneva.

autordriveandcorp:

Lucy Payne recently traveled toBloomington, Minnesota, to attend theWESTLA W Seminar.

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Chevelle Williams, who wasemployed as a research assistant in thelibrary for seven years, was selected toattend a "Women As Leaders" conference.Chevelle is currently attending Holy CrossCollege and was one of two women selectedin Indiana to attend the 1994 Women AsLeaders Seminar in Washington, D.C.

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August, 1994 NDLS Update

NEWS FROMTHE LEGAL AID CLINIC

The Clinic had fourteen summerinterns, twelve of them working full timethroughout the summer. These internsinherited 180 cases from last academic yearand took on 111 new cases.

The new cases are fairly typical ofthe Clinic's practice. The largest category(28 %) are family-law matters (dissolution,custody, visitation, support, paternity, andguardianship) .

Consumer credit, housing, and publicbenefits cases made up 14% each of the newcaseload, immigration 8 %, and wills andrelated documents 7% .

Other kinds of new cases wereautomobile accidents, representation ondriver's-license matters, and incorporationand tax representation for not-for-profitcorporations.

The NDLS Legal Aid Clinic hasreceived a $25,000 grant from the CordFoundation to fund a program in advocacyfor children.

Legal Aid interns, working in theClinic on immigration cases, have won threevery difficult asylum cases beforeadministrative law judges in the Immigrationand Naturalization Service. The latestvictory, executed by Kevin Maloney andMark Yoshida under the supervision ofBarbara Gasperetti in hearings in Chicago,involved a former member of the Honduran

military who had to overcome involvement,early in his career, with atrocities that werelater visited on him. In a pending case, aclient from Rwanda, who has lost membersof his family in the recent violence there,also seeks asylum.

NEWS FROM THE FACULTY

Catherine Barrett, widow of long-time NDLS Professor Edward Barrett, diedon July 18. Remembrance contributionsmay be made to the Edward BarrettScholarship Fund here at the Law School.

Matt and Kate Barrett announce thebirth of a son, Kevin James, on June 3.Congratulations to all concerned.

Matt Barrett published DeterminingAn Individual's Federal Income Tax LiabilityWhen the Tax Benefit Rule Applies: A Fifty-Year Checkup Brings a New Prescription forCalculating Gross, Adjusted Gross andTaxable Incomes, in the BRIGHAMYOUNGUNIVERSITYLAW REVIEW.

Matt Barrett was quoted in the June14, 1994, edition of THE WASHINGTONPOST. Matt commented on a SupremeCourt case upholding Congress's closing ofa tax loophole: "The Court seems to besaying that if something looks like it is toogood to be true, it is too good to. be true. "

Matt was named to the FoundingBoard of Advisors of the JOURNAL OFLIMITEDLIABILITYCOMPANIES,a quarterlypublication addressing issues regarding theformation and operation of a new form of

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August, 1994 NDLS Update

business organization currently recognized inforty-two states. The JOURNALpublished itsfirst issue in June.

Frank Ragano and Selwyn Raab, intheir book "Mob Lawyer", observe: "In1971, at a libel trial, G. Robert Blakey, nowa law professor at Notre Dame University,had been accurate in his analysis of me as alawyer. He described me as a 'HouseCounsel' for the Mafia. I plead guilty tothat charge. "

On June 3, Frank Booker delivereda lecture entitled "Expert Witnesses Underthe New Rules of Evidence." The program,sponsored by the Indiana Continuing LegalEducation Forum, took place inIndianapolis.

Judge Sandy Brook, of our AdjunctFaculty, will participate in a programentitled "Indiana Trial Systems Workbook."The session, scheduled for Indianapolis onSeptember 23, will be sponsored by theIndiana Continuing Legal Education Forum.

Sandy also published "Indiana Rulesof Evidence with Objections," aNITApublication.

At its Annual Meeting in MarcoIsland, Florida, on June 29, the NationalAssociation of College and University

Attorneys installed Tex Dutile as a Fellowof the Association, "[i]n recognition - ofexemplary service, over an extended time,which has brought distinction to highereducation and to the practice of law onbehalf of college and university clients. "

Michael Durst, former prof atNDLS, will join the Internal RevenueService in mid-August as director of theadvanced-pricing-agreement program in theOffice of Associate Chief Counsel(International). Michael is currently withthe Washington office of the international-law firm of Jones, Day, Reavis and Pogue.

Jimmy Gurule authored Don't be aparty to one-sided extradition treaty withMexico, in the HOUSTONCHRONICLE, June26; and Think twice on extradition treaty, inthe CHICAGOTRIBUNE, June 27.

Kent Hull, who teaches DisabilityLaw at NDLS, is on the Faculty for aseminar entitled "Pro Bono: A PracticalTraining of the Issues in Public InterestLaw. " The Indiana Continuing LegalEducation Forum and the Indiana BarFoundation will sponsor the event,scheduled for Indianapolis on August 31.

Doug Kmiec published Clarifying theSupreme Court's Taking Cases -- AnIrreverent But Otherwise Unassailable Draft

6

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August, 1994 NDLS Update

Opinion in Dolan v. City of Tigard, in theDENVER UNIVERSITYLAW REVIEW. Onereviewer has lauded the article's "wittydemonstration that what passes for theSupreme Court's inverse condemnationjurisprudence has at long last reached thestate of absurdity. "

Doug authored Rostenkowski's aGrass-Roots Pol, in the June 7, 1994, issueof the PHILADELPHIAENQUIRER.

Doug will be a "keynote presenter"at the 1994 National Leadership Conferenceentitled, "Public Catholicism versus PrivateCatholicism", on October 22, in Baltimore.Others on the program include MaryCunningham Agee, Richard V. Allen,William J. Bennett, Robert P. George andFr. Richard Neuhaus.

Don Kommers' name now appears inan article's title. A recent issue of the NEWYORK UNIVERSITYREVIEW OF LAW ANDSOCIAL CHANGE features an article byFlorian Midel entitled, Is West Germany's1975 Abortion Decision a Solution to theAbortion Debate? A Critique of Mary AnnGlendon and Donald Kommers.

Don Kommers published TheConstitutional Law of Abortion in Germany:Should Americans Pay Attention?, in THEJOURNALOF CONTEMPORARYHEALTHLAWANDPOLICY.

Don also published The FederalConstitutional COUl!, Monograph Number 2in KEY INSTITUTIONS OF GERMANDEMOCRACY. The publication emanates

from the American Institute forContemporary German Studies at The JohnHopkins University.

On May 29, Bill and Shirley McLeanhosted a marvelous champagne brunch forfamily, friends and colleagues at the MorrisInn.

Garth Meintjes, formerly AssistantDirector of the Center for Civil and HumanRights, has been named Associate Director,effective August 23, 1994. The appointmentissued on the recommendation of Father BillLewers, Director of the Center, and DeanLink, with the approval of Provost TimothyO'Meara and Father Malloy.Congratulations, Garth.

Garth was one of twenty-five personsinvited from academic institutions andhuman-rights agencies to participate in adiscussion at the Carnegie InternationalCenter, Washington, D.C., on"Reconceptualizing Human Rights Strategy. "The Stanley Foundation will underwrite themeeting and will prepare for a majorinternational conference in the fall.

Father John Pearson published achapter entitled "The Law of Easements:Rights in the Property of Another," inTHOMPSONON REAL PROPERTY, issued bythe Michie Company.

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August, 1994 NDLS Update

Terry Phelps published The Marginsof Maycomb: A Rereading of To Kill aMockingbird, in the ALABAMA LAW·REVIEW.

Terry Phelps authored, along withGeorge S. Mitrovich, an "op-ed" pieceentitled We Elect a President to Work ForUs; His Problems Can Wait, in the LosANGELES TIMES, May 20, 1994.

Tom Shaffer published "The Churchand the Law" in C.C.I.C.A. ANNUAL,Volume 13.

Tom gave a series of lectures on theAmerican Legal Profession at the RussianAcademy of Jurisprudence and at theMoscow Legal Center, July 11-13, 1994, inMoscow.

Torn published Growing Up Good inMaycomb, in the ALABAMALAW REVIEW.He also published, with R.F. Cochran, Jr.,LAWYERS, CLIENTS AND MORALRESPONSIBILITY,and a Teachers Manual toaccompany it. Both are publications of theWest Publishing Company.

Jay Tidmarsh published "MandatoryPre-Discovery Disclosure in the NorthernDistrict of Indiana," in MANDATORYPRE-DISCOVERY DISCLOSURE: A FIRST LOOK.The volume, edited by Molinda Thaler andEttie Ward, was published by the AmericanBar Association.

Jay has signed a publication

agreement with Foundation Press for acasebook tentatively entitled -COMPLEXLITIGATIONANDTHE ADVERSARYSYSTEM.The co-author of the casebook is Roger H.Trangsrud, Associate Dean for AcademicAffairs at George Washington's NationalLaw Center. Jay and Roger also receivedan offer of publication from West, whichthey declined. The expected publicationdate is February, 1997.

NEWS FROM THE STAFF

Nancy and Bob Beaudoin write toexpress their deep gratitude for all theprayers, cards and kind thoughts duringBob's bi-lateral lung transplant: "It was socomforting to feel the power of prayer atwork in our lives, and to know that we werenever alone during this long procedure andrecovery. "

In July, Darlene Carlson celebratedher fifteenth year of service to theUniversity.

Phyllis Idalski writes, "I would liketo express my sincere thanks to all of theNotre Dame Law family who providedthoughtful gifts of flowers, cards andcondolences, after hearing of my sisterTeresa's death. I was overwhelmed and soappreciative, to say the least. It isguaranteed that this display of emotion,prayer and thoughtfulness will never beforgotten in my lifetime."

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August, 1994 NDLS Update

At the Annual President's StaffAppreciation Dinner, Jean Mundt, of theLaw School Grill, was honored for twentyyears of service. Honored for fifteen yearsof service were Jackie Weiler and TerriWelty.

On August 12, Mary Lee Ready'sfirst grandchild, David Jonathan Hall, wasborn.

On July 5, Craig R. Reiter, son oflong-time NDLS staff member RosemaryReiter, died in Indiana University MedicalCenter after an illness. Mr. Reiter, alifelong resident of the area, was thirty-nineyears old. He leaves his wife Cari and twodaughters, Erin Marie and Jenifer Leah.Services were held at St. Anthony de PaduaCatholic Church. Memorial contributionsmay be made to the Erin and Jenifer ReiterTrust Fund, in care of Society Bank.

NEWS FROM THE ALUMNI

Thomas S. Botkin, NDLS '78,Charles S. Leone, B. S. Notre Dame '69,and Stephen L. Eslinger have announced theformation of a new law firm: Botkin,Leone & Eslinger. John D. Stoddard,NDLS '92, is associated with the firm.

Tom Burger, NDLS '86, has becomea partner at Wood, Herron & Evans inCincinnati.

Robert W. Cox, NDLS '62, retiredfrom Baker & McKenzie on June 30, 1994.Bob, the. Chair of the Law School'sAdvisory Council, has completed twenty-five years of service as a partner in thefirm, during eight of which he served as itsChair. Bob and his wife will move to theirKeystone Ranch, Colorado, home.

Brian J. Hynes, NDLS '91, has leftStinson, Mag & Fizzel, in Kansas City,Missouri, to join Gray, Plant, Mooty &Bennett in Minneapolis.

John F. Magnuson, NDLS '87, wasone of three attorneys representing StarPhoenix Mining Company in its suit againstHECLA Mining. On July 29, an Idahojudge upheld a jury's $20,000,000 award infavor of Star Phoenix Mining Co. The suitalleged breach of contract and soughtpunitive damages for HECLA's terminationof a lease agreement with Star Phoenix.

Laurie Murphy, NDLS '88 and anassociate with Miller, Johnson, Snell &Cummiskey, was named the 1994"Quotarian of the Year" for her outstandingcontributions to the community throughQuota Club. Quota Club is an internationalservice organization of local professionalsand executives dedicated to serving the localand global communities, with an emphasison helping the deaf and hard of hearing.

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August, 1994~

NDLS Upda te .

John Roda, NDLS '85, is SeniorCounsel for AMP, Inc., in Harrisburg,Pennsylvania. John has practicedInternational Business Law in over twenty-five countries during the last five years. Herecently taught an International BusinessTransactions Course at Widener LawSchool.

Clarence J. Ruddy, NDLS '27,authored On The Shoulder of Giants:Reflection on a Life in Law, in the Springissue of EXPERlENCE, the magazine for theSenior Lawyers Division of the AmericanBar Association.

Ursula A. Silberman and Barry F.Irwin, both NDLS '92, were married onApril 30 in Clay United Methodist Church.Ursula is employed by the Chicago LegalClinic as a family-law attorney; Barrypractices intellectual-property law atWilliam, Brinks, Hofer, Gilson & Lione, inChicago.

Kevin Warren, NDLS '90, has beenfeatured recently in several newspaperprofiles. In October, 1993, Kevin foundedhis own firm, Kevin S. Warren &Associates, specializing in sports andentertairunent law. Kevin encourages hisclients to give back to the community: "Ifyou want me to represent you, that's theapproach." Among his clients: ChrisZorich of the Chicago Bears and LakeDawson of the Kansas City Chiefs.

On July 8, the CBS newsmagazine"48 Hours" featured Kim Worthy, NDLS'84. Interviewed by Dan Rather, Kimaddressed the O.J. Simpson case from theperspective of the prosecutor. Kim is anAssistant Prosecuting Attorney for WayneCounty, Michigan.

MISCELLANY

From a recent issue of ForeignAffairs: "The University of Notre DamePress, with the support of the FordFoundation, does a great service in makingavailable to an English-speaking readershipthe full text of [Report of the ChileanNational Commission on Truth andReconciliation, Center for Civil and HumanRights of the Notre Dame Law School, an]exhaustive report on human rights violationsin Chile. The Commission's reports . . .played a critical role in the successfuldemocratization of Chile . . . . Beyond theChilean setting, this is also a remarkabledocument of our times. The thoughtfulcomparative introduction by Jose Zalaquette,in particular, should be required reading forthose who must confront the now recurrentand difficult problem of how democraticsuccessor regimes balance justice,retribution and truth in the aftermath ofmassive and systemic violations of humanrights by their dictatorial predecessors."

An alum writes to Dean McLean:"Of all the good things that have happenedto me in pursuing my legal career over thelast eleven years, during and after my three

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August, 1994 NDLS Update

years at Notre Dame, I cannot think of anysingle factor more important than yourassistance at the very beginning."

From the June, 1994, edition ofREADER'S DIGEST: "As a second-year lawstudent at the University of Notre Dame ... I had finished studying for my FederalIncome Tax final. When I opened the doorto the Law Building, I spotted a penny,heads up. After retrieving it, I turned to seemy Professor. 'It must mean good luck forthe exam,' I said, showing him the penny.

'Not necessarily,' he replied. 'But itdoes mean that you have taxable income.'

- Contributed by Franklin E. Eck, Jr."

An Alabama judge writes,concerning NIT A's Teacher TrainingCourse: "What a job NITA does! TheAlabama delegation, in addition to andperhaps more important than the improvedskills, was tremendously invigorated. Wefed on the enthusiasm of the faculty, otherparticipants and each other. The onlydownside is that my grudging respect forNotre Dame has now turned to full-blownfondness. Perhaps, if I keep my mouth shutaround here, I can get through the fallsecretly cheering for the Irish to do nearlyas well as Barna. "

Incoming student, United States MarineCorps Captain Robert J. Muise, NDLS '97,

authored an article entitled OfficerEducation: The Flawed System, in the June,1994, issue of MARINECORPS. The articletied for Second Place in the 1993 ChasePrize Essay Contest.

FROM THE "YOU CAN SAYTHAT AGAIN!" DEPARTMENT

From the August, 1994, issue ofPERSPECTIVE: "(P)arents sued for twentymillion dollars after the school's debatecoach stabbed their son to death in 1989.The coach had a stern reputation in his workwith students . . . ."

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