Saint Louis University School of Law Spring 2006

Together Again

50 Volumes

The Class of 2006

Abroad Reach

T h e J u d g e w i T h heart

ii Saint Louis Brief Spring 2006 Spring 2006 Saint Louis Brief �

AAs I write this note, my thoughts are on the next few weeks, as several hundred of our graduates will make their way into the legal profession, while several hundred others will gain experience working summer jobs in law firms, non-profits and government agencies. Experience is key while in law school, and our students are benefiting from some unique and rewarding opportunities. Students such as April Haag, ’06, and John Steffy, a rising 3L. April was a research assistant to the senior adviser to the director on Societal Implications of Genomics at the National Human Genome Research Institute and John was a Legal Research and Analysis Fellow in the ABA/CEELI Regional Anti-Corruption Adviser’s Office in the Ukraine. Impressive!

A few of our biggest yearly events were held this semester, including the Adler-Rosecan Moot Court Competition, the Jurists-in-Residence lectures and visits from the 8th Circuit Court of

Appeals and the Missouri Court of Appeals (pictured above: Judge Booker T. Shaw, Chief Judge Glenn Norton and Judge Nannette Baker, ’94). We’re always delighted to provide our students with opportunities to interact with the very judges who they may, one day, encounter in the courtroom.

I am pleased to report that this issue of Saint Louis Brief is our largest ever, filled with insightful commentary from professors and alumni, and stories like the one on page 8 that pays tribute to a great patriarch of our profession, Judge Theodore McMillian, ’49. On page 14, three of our very own, Professor Sandy Johnson, Father Frank Reale and Professor Ann Cronin-Oizumi, share with us a unique story that began in 1969. Their connections, legal and otherwise, might just amaze you.

On page 18, famed author and screenwriter Richard Dooling, ’87, has written the introduction for our story

commemorating the 50th volume of the Saint Louis University Law Journal. Dooling, who was the editor in chief during his law school days, says that work on the Journal was “an early initiation into how difficult and important it is to write well and write with care and precision.” I’m proud to see a former student build a future out of the very lessons he learned here at the School.

As this issue of Saint Louis Brief reaches you, I send, with it, all best wishes from the School of Law campus at Saint Louis University. I hope your summer is a pleasant one. You might even run into some of our graduates or current students!

Jeffrey E. LewisDean and Professor of Law

inside

Together AgainThree friends who met at Saint Louis University four decades ago have returned to their alma mater to work side by side in the School of Law

On the Cover:Portrait of Judge

Theodore M. McMillianCover photo by Wiley Price

Assistant Dean for Communications

Kathleen Carroll Parvis

EditorStefanie Ellis

Graphic DesignerE. Brook Haley

Contributors Mark P. Bernstein,

Richard Dooling, Joel K. Goldstein, April Haag, Aaron L. Pawlitz,

Judge Joseph J. Simeone, John Steffy, Dennis J. Tuchler,

Alan M. Weinberger

PhotographyDanielle Caruso, Stefanie Ellis,

Jay Fram Photography,E. Brook Haley, Matteblack,

Forrest Milder, Kathleen Carroll Parvis,

Trotter Photography, James Visser Photography

Special Thanks

Karen Budde, Danielle Caruso, Douglas A. Copeland,

Ann Cronin-Oizumi, Dina Gale, Fran Jenkins, Sandra H. Johnson,

David Kullman, Colleen Murphy, Father Frank Reale,

Judge Dorothy A. Robinson

Copyright © 2006by Saint Louis University

School of Law All rights reserved.

Saint Louis Brief is published two times a year by

Saint Louis University School of Law. The Publications Office is located in

Queen’s Daughters Hall, Rm. 320 3700 Lindell Blvd.

St. Louis, MO 63108 E-mail address is brief@law.slu.edu

SAINT LOUIS

BRIEF

Abroad Reach John Steffy, 3L, learned the law (and the language) in the Ukraine last summer, and picked up some useful tools for his future along the way.

The Class of 2006Several hundred graduates listened intently as Missouri Supreme Court Chief Justice Michael A. Wolff provided five tips for being a successful lawyer and human being.

50 VolumesHow time flies. As the Saint Louis University Law Journal celebrates its 50th volume, former editor in chief, Richard Dooling, looks back on the ways students’ labors during their tours of duty forever change them.

27 In Memoriam: Prof. Kathleen Kelley

28 Student View

29 The Evolution of the Law Library

30 Alumni View

34 Alumni Profile

14

32

7

18

Farewell to a Legal Pioneer 8Legendary St. Louis judge Theodore M. McMillian is remembered by colleagues, former clerks and friends for his lasting contributions to the community, the legal field and all those whose lives he touched.

2 Law Briefs

22 Faculty Profile

23 Faculty Scholarship

26 Faculty View

38 Class Notes

in eVeRy iSSUe

moRe feATUReS

dean’s meSSAge

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For the third consecutive year, U.S. News & World Report’s “Best Graduate Schools 2007” issue has named Saint Louis University School of Law’s health law program the best in the nation. The School of Law was also listed among the Top 100 in the nation.

Since the listing for the health law specialty began a decade ago, Saint Louis University’s Center for Health Law Studies never has been out of the top three.

“The reason we are the leading program again is because we have top faculty members whose teaching and research is at the forefront of this important field,” said Jeffrey Lewis, dean of the School of Law.

The largest industry in the United States, health care is also the most

regulated. That makes health law education increasingly vital, said Nicolas Terry, co-director of the School’s Center for Health Law Studies and Chester A. Myers Professor of Law.

“Health law and policy are extraordinarily important to all Americans,” he said. “The quality of lawyers involved in its regulation has a direct and dramatic impact on the delivery of health care in America.”

The School’s Center for Health Law Studies routinely places graduates in the nation’s leading health law firms, hospitals and health care systems, as well as on legislative staffs and in agencies that regulate the health care and pharmaceutical industries.

school’s Health Law Program no. 1 in nation for Third Straight year

The Saint Louis University Public Law Review, together with the American Bar Association’s Forum on Affordable Housing & Community Development Law, held the conference, “Creating Healthy Communities: Ending Homelessness,”

on February 23–24 that focused on permanent solutions to the housing needs of the lowest income families in our communities. Sessions included discussions on how healthy communities are defined, how affordable housing with services can be provided for the poor in the context of other development efforts, who is homeless today, how recent weather disasters will

impact programs for the homeless and criminalization of homelessness. The goal of the conference was to help participants focus on permanent solutions to the housing crisis for the poor. Experts from private practice, government agencies, non-profit organizations, lenders, academic institutions, equity investors and the development community provided insight in plenary sessions and workshops regarding the legal tools available on the local, state and national levels.

PLR symposium Focused on affordable Housing

Two Judges Served as Spring 2006 Adler-Rosecan Jurists-in-Residence

(l to r) United States Senior District Judge Stephen N. Limbaugh of the Eastern District of Missouri and Judge Stephen N. Limbaugh Jr. of the Missouri Supreme Court, served as the School’s Adler-Rosecan Jurists-in-Residence, and gave the talk, “The Lawyer as a Public Citizen,” on Friday, March 24. The two sat as members of a three-judge panel for the Moot Court Competition.

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Distinguished Speaker Gave Talk on ObesityTuesday, January 31 — The Center for Health Law Studies hosted M. Gregg Bloche, M.D., whose presentation was titled, “Obesity and the Struggle Within Ourselves.”

Client Counseling CompetitionSaturday, February 11 — Stephanie Harris, Amber Swanson, Amita Mehra and Candace Parker competed in this year’s Client Counseling Competition held in Norman, Oklahoma.

Dean’s Round, Jessup International Law Moot Court CompetitionTuesday, February 14 — The Dean’s Round of the Philip C. Jessup International Law Moot Court Competition was held in the William H. Kniep Courtroom. This year’s panel of judges included Dean Jeffrey Lewis, Professor David Sloss and Professor Nancy Kaufman.

Saul Lefkowitz Moot Court CompetitionSunday, February 19 — Two teams from the School competed in the Saul Lefkowitz Moot Court Competition, with half the team competing in New York and the other half in Chicago. One team consisted of Melissa Glauber, Dorian Michener and Zach Best, and the other consisted of Ben Aranda and Brett Caban.

Talk on Delicate Balance in Korean Criminal JusticeWednesday, February 22 — Visiting Professor Byung-Sun Cho, dean and a professor of law at Chongju University College of Law in Korea, gave the lecture, “Confucianism and Justice: The Delicate Balance in Korean Criminal Justice.”

ABA Discussed Careers in Real Estate and Community DevelopmentWednesday, February 22 — Lawyers fromprivate firms, the federal government and non-profit organizations provided career advice.

Symposium focused on shifting Costs of Health Care

The Center for Health Law Studies’ Annual Health Law Symposium, “From Risk to Ruin: Shifting the Cost of Health Care to Consumers,” held on Friday, March 31, highlighted a series of community-based research projects on medical debt that Professor Sidney Watson is conducting in collaboration with The Access Project (TAP) in Boston and community groups in Missouri. This research is funded through a generous grant from the Missouri Foundation for Health. Preliminary results of the project were unveiled at the Symposium. The project includes research on medical debt in Missouri, as well as surveys investigating the relationship between medical debt and housing, bankruptcy and state court garnishments and liens.

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events

sPeaKeRs • John D. Colombo — University of

Illinois College of Law

• Thomas L. Greaney — Saint Louis University School of Law

• Jill R. Horwitz — The University of Michigan Law School

• John V. Jacobi — Seton Hall University School of Law

• Melissa B. Jacoby — University of North Carolina School of Law

• Timothy S. Jost — Washington and Lee University School of Law

• Nancy Kane — Harvard University School of Public Health

• James R. Kimmey — Missouri Foundation for Health

• Mark Rukavina — The Access Project, Boston

• Robert Seifert — The Access Project, Boston

• Christine Duden Street — Washington University

• Sidney D. Watson — Saint Louis University School of Law

photos by Forrest Milder

Top left: from l to r, Baton Rouge Mayor Melvin “Kip” Holden, Michael Meredith Hopkins, ’06, and Philip Mangano, director of the U.S. Interagency Council on Homelessness.

Top right: Panel discussion at the Affordable Housing Symposium

Left: Professor John Ammann

giles Sutherland Rich Patent Law moot Court CompetitionJames Cronin and Lucinda Patton competed in the Chicago regional of the Giles Sutherland Rich Patent Law Moot Court Competition on Friday, March 10. Out of 22 teams, they tied for third place after the first round of the competition and advanced to the second round.

StuDent CompetItIonSProfessor susan McGraugh Receives Legal Champion Award

On Friday, April 28, Legal Advocates for Abused Women (LAWW) presented a Legal Champion Award for outstanding commitment to pro bono legal assistance for the poor and disadvantaged to Professor Susan McGraugh (above, right), assistant clinical professor of law and supervisor of the Criminal Defense Clinic at the School of Law.

courtesy of Legal Advocates for Abused Women

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Strategies for Employing the Best and Brightest foreign workersWednesday, February 22 — The International Law Students’ Association sponsored the talk, “Strategies for Employing the Best and Brightest Foreign Workers,” by Brad Sandler, an immigration attorney at the St. Louis firm of Blumenfeld, Kaplan & Sandweiss, P.C.

talk on Cost-Benefit Analysis in financing health CareMonday, February 27 — The Center for Health Law Studies hosted Professor John Jacobi, who gave the talk, “Emerging Issues of Cost-Benefit Analysis in Financing Health Care,” and addressed the Centers for Medicare and Medicaid Services’ proposals for increasing its use of cost and effectiveness analyses in making device, drug and procedure approval decisions for the purposes of Medicare payments.

Tribunal Discussion on Lethal Injection in missouriMonday, March 6 — Panelists included: Professor David Sloss, School of Law, and Professor Larry May, Washington University. Witnesses included: Mark J.S. Heath, M.D. — Anesthesiology Professor, Columbia University; Jonathan I. Groner, M.D. — Trauma Surgeon & Medical Ethicist, Columbus, Ohio; Leah Haub, Esq. — St. Charles, Missouri.

federalist Society hosts Talk on Recent 10 Commandment CasesWednesday, March 8 — The Federalist Society welcomed Professor Carl Esbeck from the University of Missouri to discuss the impact of recent 10 Commandment cases. His speech was titled “Church-State Relations in America: What’s at Stake and What’s Not?”

Discussion on DiscriminationMonday, March 20 — The Women Law Students’ Association hosted a roundtable discussion with several female attorneys from the St. Louis area who discussed the issue of employment discrimination among female attorneys.

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talk on Rule of Law and nation-Building in post-ConflictMonday, March 27 — The International Law Students’ Association sponsored “Rule of Law and Nation-Building in Post-Conflict.” William and Mary School of Law Professor Christie Warren discussed her experiences in places like Cambodia, East Timor, the former Soviet Republics and elsewhere.

Judge Raymond W. Gruender of the 8th Circuit Spoke at SchoolWednesday, March 29 — The Federalist Society sponsored a talk by Judge Raymond W. Gruender of the 8th Circuit, a former U.S. Attorney who made the transition to federal judge.

Annual BLSA Judges ReceptionThursday, March 30 — The Black Law Students’ Association Judges Reception was held at St. Francis Xavier College Church. The Honorable Theodore McMillian Award was given to Mavis Thompson, a diversity facilitator and youth speaker. The BLSA Service Award was given to William E. Dailey Jr., an associate at Husch and Eppenberger, LLC.

Talk on Commercial Dispute Resolution in ChinaWednesday, April 5 — As a part of the Center for International and Comparative Law’s Speaker Series, Visiting Professor Li-Hua Huang from Sichuan University School of Law in China delivered the talk, “Commercial Dispute Resolution in China.”

talk on Islamic Law and Free SpeechWednesday, April 5 — The International Law Students’ Association presented the talk, “Islamic Law and Free Speech.” Imam Muhammed Hasic spoke about the main sources of Islamic Law, how it relates to free speech and the recent controversy of newspapers printing pictures of the Prophet.

Panel Discussion on wellness for the Legal ProfessionalMonday, April 10 — The Women Law Students’ Association Spring Panel Discussion, “Wellness for the Legal Professional,” included panelists from a variety of health and social service backgrounds, and focused on physical and mental health.

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events SChOOL Of Law

events 8th Circuit Heard Cases at school

The School of Law’s Mock Trial Team placed in the top four out of 22 law schools, the highest finish of any of the Missouri schools, at the Regional Trial Team Competition in Madison, Wisconsin. The team included third year law students Kate Kimker, Molly Henshaw, Jasna Krupalija-Davis, Justin Guerra, Christina Sonderman and Cathy MacElroy. Congratulations also to their advisers, faculty adjunct professors Brad Kessler, Dave Bruns and Patrick Mickey.

School’s Mock Trial Team Finished Fourth in Regional Competition

StuDent CompetItIonS

Law students learn firsthand about another country’s legal system and how cultural differences influence that country’s laws and notions of justice during an alternative spring break trip. The experience also presents a different perspective of the American legal system. In 2005, law students Divya Bala and Kate Nachtman, working with the non-

profit organization International Partners in Mission, organized and led the first School of Law alternative spring break trip to El Salvador. This year, another group led by Bala and Nicole Lewer traveled to Nicaragua for a similar cultural and legal immersion experience. In Nicaragua, the group learned about a land property rights case involving a poor campesino (farmer). The group also visited various community-building projects including a local project empowering and training rural women to diagnose and treat common community health problems in a desperately poor area of the country, and a grassroots labor rights organization fighting for improved working conditions and fairer wages in the sweatshops.

Alternative Spring Break in nicaragua

StuDent CompetItIonS

Alex Frondorf, 2L, and Matt Voorhees, 3L, made it to the quarterfinals of the 2nd Annual National Sexual Orientation Law Moot Court Competition, which was held on Saturday, February 11 at UCLA School of Law. The two beat out teams from UCLA, Cornell, USC, George Washington, Michigan (one of two teams), Wayne State, Chicago-Kent and Nova Southeastern. Teams competed against each other by briefing and arguing whether the federal constitution requires that marriage be extended to same-sex couples.

Two Students Advanced to Quarterfinals of national Competition

A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit, consisting of Senior Judge Pasco Bowman, Chief Judge James Loken and Judge Lavenski Smith heard a docket of three cases in the William H. Kniep Courtroom on Wednesday, February 15.

This year’s Moot Court Competition was held on Friday, March 24 in the William H. Kniep Courtroom. The judges were Stephen N. Limbaugh Jr. of the Missouri Supreme Court, Stephen N. Limbaugh of the Eastern District of Missouri and Kathianne K. Crane of the Missouri Court of Appeals, Eastern District.

2006 moot Court Competition final Argument

This year’s PILG Auction, which benefited the Irvin & Maggie Dagen Fellowship Fund, was held on Friday, March 24 at the Saint Louis University John Cook School of Business Atrium. The evening featured a live and silent auction, and raised $24,000. As a result of additional proceeds from the Annual Fund and the Irvin and Maggie Dagen Fellowship Fund, the School has provided more than $85,000 in funds for student stipends this year for public interest summer experiences (see story, page 32, about John Steffy’s experience in the Ukraine).

PILG auction

6 Saint Louis Brief Spring 2006 Spring 2006 Saint Louis Brief �

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Christian Legal Society hosted forum on Death PenaltyTuesday, April 11 — The topic was “Narrowing of the Death Penalty under the 8th Amendment: How Far Will the Court Go?” Presenters were Cordell Schulten, M.A., J.D., and Al Johnson, J.D. The discussion focused on the extent that the Supreme Court will restrict the death penalty under the 8th Amendment using U.S. law, foreign law and external sources.

american Constitution Society hosted Missouri attorney General Wednesday, April 12 — The School’s chapter of the American Constitution Society, in partnership with the Career Services Office, hosted Missouri Attorney General Jay Nixon.

Speaker on Vienna Convention, Law of TreatiesTuesday, April 18 — The Center for International and Comparative Law hosted Professor Heng Wang from Southwest University of Political Science and Law — Chongqing, China. His talk was titled, “WTO, GATT and the Vienna Convention on the Law off Treaties: Services (Rather Than Goods) Under the Treaties.”

wLSa Distinguished Speaker and annual Judges ReceptionTuesday, April 18 — Judge Diana E. Murphy of the U.S. Court of Appeals for the 8th Circuit gave the talk, “Personal Reflections — My Experiences as a Woman Judge and Attorney.” Awards were presented to Murphy and Judge Elizabeth Hogan, associate judge for the 22nd Judicial Circuit, at a reception that followed the ceremony.

talk on Constitutional Human Rights in Mental health CasesTuesday, April 25 — The Center for International and Comparative Law hosted Professor Darius Whelan from the University College Cork, who gave the talk, “Constitutional and Human Rights in Civil Mental Health and Criminal Mental Disorder Cases.”

talk on Globalization and Workers’ RightsMonday, May 1 — The Center for Employment Law Studies welcomed Theodore J. St. Antoine, the James E. and Sarah A. Degan Professor of Law Emeritus, University of Michigan Law School, who gave the talk, “Globalization and Workers’ Rights.”

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events

The Excellence Awards Ceremony was held on Friday, April 21 at St. Francis Xavier College Church. The Ceremony honored those students receiving the top grade in an individual course of study during the Spring, Summer and Fall 2005 semesters.

E x C E L L E N C E AwA R d S ceremony

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Missouri Supreme Court Chief Justice Michael A. Wolff was this year’s Hooding speaker, and his speech focused on five keys to becoming a successful lawyer, which, he reminded the audience, is hardly any different than being a successful human being:1) Treat others with dignity. Even in the most adversarial of

settings, great lawyers keep control of their emotions, and maintain a sense of civility.

2) Remember the friendships you developed in law school and continue to nurture those relationships in your professional lives. Get active in professional organizations, bar groups and other worthwhile activities. These friendships and these professional associations will keep you from feeling isolated, either personally or professionally.

3) Be grateful to those who have helped you. They include your family, your teachers, your friends and your professional mentors. Every one of us who has experienced any success, either in this profession or in life generally, owes something to those who have mentored us. Offer your mentoring and assistance to others who may need your guidance, advice or help.

4) Lawyers are civic leaders. They are public citizens often called upon to serve the communities that they live in. Get involved in your communities, in whatever way excites or interests you.

5) Do you remember why you came to law school? Each of us had some idealistic notion about the legal profession when we started law school. Please don’t forget that notion. You came to this calling with a sense of justice. That sense of justice will help you to experience what I hope you will all experience — that of being of genuine service to others.

... This is a profession where you must teach yourselves. The old saying, mostly true, is that education is what we have left over after we have forgotten everything we learned in school. I hope you remember a good share of it, at least through the bar examination. But thereafter, I hope you will experience the joy of learning new things, of applying the skills that you have brought forward from law school in ways that you will find genuinely satisfying and rewarding.

... Congratulations, come back, take care, call your mother, write when you find work, don’t sweat the small stuff and remember to come in out of the rain.

The Class of HoodInG CeReMony 5.18.06

2006

� Saint Louis Brief Spring 2006 Spring 2006 Saint Louis Brief �

iIn preparing for these remarks I tried to think of one word, one characteristic of Judge McMillian, which would capture his complete psyche. And that song captures Ted — he had “heart.” He had it all his life.

I first met Judge McMillian when he entered the law school with that great class of 1949. In my memory’s eye, I can still see, after more than

50 years, the young men, many of whom had just returned from World War II. Sadly, many are not with us anymore. Ted had recently been discharged from the Signal Corp as a part of that “Greatest Generation,” many of whom lie in distinguished graves throughout the world and who literally saved the world.

I hate to show my age but years ago in early television, there was a weekly program starring Richard Carlson titled, “I Led Three Lives.” In that

television series Herb Philbruch led three separate lives in World War II.

In some ways, Judge McMillian, too, led three lives all rolled into one — he was something of a human trinity — (1) his personal life (2) his legal and judicial life and (3) his life dedicated to the public service and to the St. Louis community.

First, his personal life. He was born on January 28, 1919 in a run-down neighborhood at 14th and Papin. His father was once a professional boxer. Like many of his generation, he was born poor, and the product of a broken home. His mother remarried; his stepfather was good to him and he had the guidance of his thrifty, sacrificing grandmother who urged him to get an education. In high school, a friend, Horatio McNeal, would talk about the honor roll and he listened. He worked after school at a grocery store and graduated from Vashon High School in three and a half years. He attended Stowe Teachers College before going to Lincoln University. After graduation, he wanted to study physics, but first had to earn sufficient money to get a higher degree. He worked on the Frisco Railroad’s dining car, but soon was drafted into the Army as a buck private. In 1943, he was commissioned a first lieutenant, married Minnie and ran the 93rd Division’s Radio School. In the service, he inquired of a friend, a major, about becoming a lawyer: apparently his first interest in the law. In November 1946, he was discharged and intent on being either a physicist or physician. Though he applied to medical school, he would not be able to

enter until 1951. That is when he applied to the School, and everything started from there. Life was not easy in law school either. Before classes began, he worked at a shoe company washing windows.

Ted’s personal life and character were pole stars that we all could emulate. His personal life, although born with original sin, was almost without blemish. No one is perfect. Devoted to his family, he had his share of tragedy. In this age of seeming incivility, he was civil to all he met. In an age of rudeness, he was always kind, polite and compassionate. He was dedicated to his faith. In an age of violence, he was a peaceful, pleasant and personable man. Today, there seems to be a lack of courtesy among too many of us. Today there seems to be no room for reason, compromise or gentleness. But Ted embodied all these humane characteristics.

These simple personal characteristics spill over into his second, legal and judicial, life. After being admitted to the Missouri Bar in 1949, he and his friend, Al Lynch, opened a law office, which represented many clients from 1949 through 1953. In 1953 he joined the staff of the circuit attorney’s office under the direction of Ed Dowd. Ed’s brother, Bob, who was Ted’s friend, helped him get that job. There he tried many cases and developed trial expertise. In March of 1956, he was appointed by Governor Donnelly to the circuit bench for the city of St. Louis, and served in that capacity until 1972. While a circuit judge, he served in various divisions, but was most proud of serving as the juvenile court judge from 1965 to 1971. There

JaCK GReeneProfessor of Law

T h e J u d g e w i T h heart

Judge Theodore M. McMillian, ’491919 to 2006

“You’ve gotta have heart

All you really need is heart

When the odds are sayin’ you’ll never win

That’s when the grin should start

You’ve gotta have hope

Musn’t sit around and mope ...

You’ve gotta have heart

Miles n’ miles n’ miles of heart

Oh, it’s fine to be a genius of course

But keep that old horse

Before the cart

First, you’ve gotta have heart.”

“in an age of seeMing inciviliTy,

he was civil To all he MeT. in an age of rudeness,

he was always kind, poliTe and coMpassionaTe.”

Years ago, in the 1950s, there

was a great musical on Broadway

starring Gwen Vernon and Ray

Walston. The musical was “Damn

Yankees.” In that show two songs

were outstanding — “Shoeless

Joe From Hannibal, Missouri,”

and “You Gotta Have Heart.”

“You Gotta Have Heart” went:

photo by Wiley Price

�0 Saint Louis Brief Spring 2006 Spring 2006 Saint Louis Brief ��

he tried to help young kids in trouble. The more he found out about young people in trouble, the more he realized that often the trouble was not their making. He urged reform and suggested a Missouri Youth Authority to administer a system of training schools throughout the state.

In 1972 he was appointed by Governor Hearnes to the Missouri Court of Appeals, St. Louis District. There, we served together — with chambers next door to each other. Ted, Judge George F. Gunn and I opened up a division in St. Louis County, and the three of us have often said these were our happiest days.

In the circuit attorney’s office, he honed his skills as a trial lawyer, as a circuit judge he ruled wisely, and he wrote scholarly as a state appellate judge. From his first opinion in the Missouri Court of Appeals, Fowler v. Laclede Gas Co., to his last on that court, there were 261 opinions in between.

On September 23, 1978, he was appointed to the Eighth Circuit by President Carter. There he served until his passing. Since 1978, he wrote over a thousand opinions, the first being United States v. Hauck.

This second life — that of advocate and especially judge — was perhaps Judge McMillian’s greatest contribution. Other than residency requirements of a district judge, there do not seem to be any particular qualifications to being a federal judge. Society expects its judges to be learned in the law, and to have wisdom, knowledge, patience, courtesy, mercy and consideration. We expect our judges to be just and tactful, to be free from even the appearance of impropriety and their personal behavior to be beyond reproach. How much can we, as a society, expect? With all these attributes and all these characteristics, we should not make such men and women judges: in my church, we would canonize them.

In a small book by Judge Botein, he discusses

the role of judge. The judge is perched upon a vantage spot overlooking the arena, aloof from the passions of the case, walled off from the parties and must play an impartial role — be considerate and gentle, yet stern when necessary. In the courtroom the judge has great power, even broader than the president; when the judge enters, everyone rises, and lawyers are deferential. The judge is the showcase of our legal system. The least error a judge may commit is to be wrong on the law. The ordinary citizen does not care much whether the decision fits neatly in a legal precedent category; what the citizen is concerned about is whether in a particular case, the citizen receives what he believes to be a fair hearing, and a just decision that analyzes the facts and the law. And, as Lord Devlin puts it, the judge is the “guardian” of the law and is the person in charge of the maintenance of the “fabric” of the law. As an appellate judge, when the parties are faceless and not before the court, and where the clash of fire or the intensity of the combat are not preserved on a cold written page, the judge must decide and justify that decision in a reasoned legal opinion, written often in the middle of the night, with sweat and sometimes tears.

All this is what Ted McMillian has done in the last 50 years of the 20th century.

The third quintessence of Judge McMillian’s life was his service to his beloved community. He served on numerous boards of civic organizations. He was the first board chairman of the Human Development Corporation in President Johnson’s war on poverty from 1965 to 1977. He was a member of the Board of Catholic Charities of the city of St. Louis and a member of the Executive Committee of the St. Louis Crime Commission, and was a past president and founder of the Herbert Hoover Boys and Girls Club of St. Louis. How did he find the time? How many lives did he touch and improve in all these endeavors?

Not only was he in civic affairs, but he also gave of his talents to his alma mater. Over the years, he served as faculty member of the law school and contributed to various law journals.

Because of all his worldly activities he received many awards and honors. There are so many that he needed five walls to put up his plaques.

Surely he has left his imprint on this community. His unselfish sacrifices have made the St. Louis community a little better. He has uplifted the poor and the underprivileged. Can one contribute any more?

In living all three aspects of his long life, he made a lasting impact on the law and the community. He always recognized that the law substitutes orderly ritual for “the rule of tooth and claw” and that the law in a civilized community gives society a means, forged by centuries of experience, to resolve disputes. That is all we have “standing between us and the tyranny of … unbridled undisciplined feeling.”

In discussing the man Ted was and the lifelong activities he pursued, I can’t help but find the words of Judge Learned Hand particularly appropriate:

“A judge’s life, like every other, has in it much of drudgery, senseless bickerings, stupid obstinances, captious pettifogging … these take an inordinate part of his time; they harass and befog the unhappy wretch, and at times almost drive him from that bench … but there is something else that makes it … a delectable calling. For when the case is all in, and the turmoil stops, and after he is left alone, things begin to take form. From his pen or in his head … out of the murk the pattern emerges … the expression of what he has seen and what he therefore made, the impress of his self upon the not-self, upon the hitherto formless material … over which he has now becomes the master. That is a pleasure that nobody who has felt it will be likely to underrate.”

Now that he is no longer with us, history will judge Ted McMillian on the “content of his character,” and, when all is said and done, he can look back on these years and repeat to himself those holy words written two thousand years ago by St. Paul to Timothy:

“I have fought a good fight, I have finished my course, I have kept the faith: Henceforth there is laid up for me a crown of righteousness, which the Lord, the righteous judge shall give me.”

Judge Joseph J. SimeoneEulogy to Judge McMillian, based on remarks given at the September 10, 2003 presentation of McMillian’s portrait at the U.S. Court of Appeals for the Eighth Circuit.

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It has been my privilege to serve as one of Judge McMillian’s law clerks for more than 20 years. It has been a most rewarding experience, but one I suspect began by mistake. In the late 1970s, the Missouri Court of Appeals judges collectively interviewed prospective law clerks. Facing a conference table full of judges who were all older men was a daunting experience, particularly for someone like me. I had gone to law school primarily because graduate school in my field, European intellectual history plus some art history, would have virtually guaranteed underemployment, if not unemployment. Because Judge McMillian had something else to do that day, he did not participate in the interviews. Needless to say, I was surprised when he offered me the position as his law clerk for the next term. To this day, although Judge McMillian gallantly denied it, I am sure he thought I was someone else!

That was in 1976, and my clerkship started in 1977. In the fall of 1978, President Carter nominated Judge McMillian to succeed Judge William H. Webster on the U.S. Court of Appeals for the Eighth Circuit, and Pam Bucy, his intern at the time, now the Bainbridge Professor of Law at the University of Alabama School of Law, and I followed Judge McMillian to the Eighth Circuit as his first law clerks at that court. As it turned out, we were just the first of many Missouri Court of Appeals employees to migrate from the Civil Courts Building to the federal courthouse across the street. Law clerks traditionally serve one-year terms. Most law clerks continue to do so, although there are now quite a few “career” law clerks, so many in fact that the Administrative Office of the United States Courts considers career law clerks to be something of a personnel problem. In the late 1970s it was almost unheard of to make a career out of a clerkship. I vaguely recall the Judge asking me if I would be interested in clerking another year. I was, and since then have served as his law clerk though five chief judges, dozens of co-clerks, one office remodeling and several Macintosh computers.

Any clerkship is an excellent experience, but clerking for Judge McMillian has been a wonderful job. I have enjoyed every day, although perhaps not every oral argument and certainly not every brief. And, although I have occasionally disagreed with Judge McMillian, I have never been disappointed. I would be willing to bet that very few employees can say that about their employers. The Judge really was just as he is described in these testimonials — intelligent, scholarly, courteous and generous. He also worked too hard — his employees always thought he should take some time off! He was extraordinarily patient with even the most confused memoranda and confusing arguments. He really did know almost everyone in St. Louis. I once saw him standing outside on the courthouse steps — he was going to go for a walk for the exercise — and I returned an hour later to find him in exactly the same place; so many people had stopped to talk to him that he never got to go for his walk. His ability to clarify issues and cite holdings with a near-photographic memory was unsurpassed and not a little unnerving, especially since he typically outlined the analysis, in meticulous detail, while talking on the phone.

Those fearful of an imperial, or imperious,

federal judiciary were reassured to know that, for someone in such a prestigious and powerful position, Judge McMillian was extraordinarily modest and unassuming. Even though he spent most of his professional life making judgments, he was scrupulously fair and non-judgmental. He was impartial, but not indifferent. In fact, he was passionate about many things, from civil rights to crab cakes. The Judge was also curious; he was genuinely interested in people and their problems and was intrigued by new things. Federal appellate judges are by necessity generalists (at least on the circuit courts of appeals, arguably less so on the newer specialized courts of appeals), and his interest in and openness to new subjects, new ideas and new legal arguments was infectious. Of course, that willingness to consider new legal arguments did not mean that the Judge would agree with them, much less adopt them, despite the enthusiastic endorsement of his law clerks.

Judge McMillian was also a realist. He never forgot that the law and the cases he decided affected real people and had real consequences. That realism counterbalances the theory and ideology of appellate arguments. I think the Judge’s realism was the source of his famous equanimity; despite personal and professional experiences that would embitter or enrage most people, he was neither bitter nor angry. He was, however, under no illusion about the law or lawyers, or judges for that matter. Judge McMillian kept his faith with the law because, like Sir Thomas More, a reproduction of whose portrait by Holbein hung just inside the Judge’s office door, he believed that the law was the best hope for justice. It was that clear-eyed assessment of the utility of the law and its ultimate objective that was Judge McMillian’s true legacy, not only to his law clerks, who had the honor and privilege of working for him, but to everyone involved in the administration of justice.

Marilyn TanakaClerk to Judge McMillian, 8th Circuit Court of AppealsReprinted from 43 Saint Louis University Law Journal 1325 (1999).

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friends, classmates and colleagues share a few words

photo by Trotter Photography

A Collection of Memories

�2 Saint Louis Brief Spring 2006 Spring 2006 Saint Louis Brief ��

Judge McMillian is sorely missed. He was dedicated and worked hard even after achieving senior status. He ignored his many ailments, even self-administering dialysis to facilitate travel to various Eighth Circuit courtrooms to hear arguments. During the past few years I visited him often, looking forward to our conversations. He often queried me about my experiences in court and offered helpful suggestions. I relied on him for advice, as he was a role model for me and for many others. He never hesitated to offer assistance and support to those who needed it. I admired Judge McMillian because of his humility and his dedication to making the world better for others. I admired and respected him not just because of his status, intellect and numerous achievements. I admired and respected him because he was a warm and genuine individual who cared about others more than he did himself. He never lost the common touch.

Judge Donald L. McCullin, ’77Circuit Judge, City of St. Louis, 22nd Judicial Circuit

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Judge McMillian’s last year at the law school was my first, but I remember him as the star of the School. That’s all I really knew at the time.Everything else I knew or felt about him came much later. In 1963, my wife and I obtained temporary (pre-adoption) custody of a pair of twin boys, with the adoption decreed about a year later. Judge McMillian presided at both hearings in his (then) capacity as a judge of the (State) Circuit Court in St. Louis. We followed his career with great interest ever since and have never forgotten his kindness. We’ve lost a good one.

Judge Joseph R. Nacy, ’51Administrative Law Judge, Federal Energy Regulatory Commission — Washington, D.C.

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I had the honor of serving the judge as a law clerk from 1973 to 1975 when he was on the Missouri Court of Appeals. I applied for that position because I already greatly admired the judge from a distance. He was an icon of integrity on the bench and also a focal point of support for his own community in his work as chair of the Human Development Corporation.

But shortly after applying for that position and before the interview, I ran into a problem. While still in law school, which I was then, I had a nighttime job at the old St. Louis Globe Democrat. I was a reporter. The Globe’s editorial page had taken a critical editorial position on the judge on the juvenile court bench. I came into work one night, and got what’s called a “publisher’s special,” which is a direct order from the publisher to write a story on a subject chosen by the publisher. The import of the story was to revive the criticism of the judge and his tenure on the juvenile court bench. I wrote the story, as ordered. And to my horror, it was published as a banner front-page headline and they put my byline on it, which I had objected to no avail. Two weeks later, I am in to meet the judge for the interview. There were other highly qualified candidates, I assure you. But the judge hired me. That’s the kind of person he was. He chuckled later, but figured that the story was a publisher’s special, because he knew what a “publisher’s special” was.

In my two short years as his clerk, I learned about the law as an intellectual pursuit and as a method to help others. But most of what I remember from my clerkship was the judge’s insistence that everyone — whether judge or clerk, assistant, lawyer or litigant — be treated fairly, kindly and with dignity. There was never a mean spirited word uttered in his chambers while I worked with him. Ever. And I also remembered his continued work in those years trying to help others. Mostly through his beloved Human

Development Corporation. Helping others, I think, the one thing that the judge loved best.

After my clerkship ended, I found that my relationship with the judge did not. He knew my wife and my children by name, and knew what they were doing. The same with my many siblings. He knew them all by name and what they were doing. To me, the judge was a second father. I suspect the same was true for his many clerks.

Harry B. Wilson, ’74Partner, Husch & Eppenberger, LLC

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The crowning achievement of Ted McMillian’s long and distinguished judicial career is not capable of being reduced to the outstanding decisions he has written. It was his truly extraordinary personality, his subtle sense of irony and his dry, sharp wit. Ted McMillian lacked the capacity to be bitter. He overcame diversity by, among other things, sheer persistence. But the remarkable and essential feature of his personality was his ability to keep moving to always search for the way to build a useful career. He was persistent, as well, in his principles. He was a forceful and consistent voice for fairness and equal treatment under the law. His intellect, his personality and his adherence to principle has over the years earned the respect, and sometimes the votes, of many who shared neither his view of the world nor the law. He brought to his tasks the kind of emotional intelligence that the rest of us should imitate, even though our talents are not as great as his were. Ted McMillian has shown that if you cannot overcome your adversaries by logic and moral suasion, with the grace of God and good humor, you can outlive them. And, in Ted’s case, we are thankful that he was able to see the result of what he worked for in the careers of those who followed and emulated him.

Judge Michael A. WolffChief Justice, Missouri Supreme Court

Judge Theodore McMillian’s mere presence nourished all of our spirits, represented possibility and kept us all focused to the task at hand, irrespective of race, gender or ethnicity.He believed that one’s professional and courteous demeanor were equally as important as one’s ability to analyze legal theories and to write legal briefs.

For a judge like me, he was a blueprint.

Judge Jimmie Edwards, ’81Circuit Judge, City of St. Louis, 22nd Judicial Circuit

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Judge McMillian was a great friend and mentor to me. He was always interested in helping others and inspired and encouraged me to pursue my goal to become a judge. He was, professionally, the epitome of a judge that I would aspire to be — very compassionate, forthright, stood for his beliefs, always treated people with the utmost respect and had the utmost integrity. He was a good friend. I visited him often in his chambers as well as when he was in the hospital sick. Through all his illnesses, he was always the kind of person who never viewed life as death. He never spoke about dying. His focus was always on life and how he could make a difference as a jurist and how he could make a difference in other people’s lives.

If there was a parting word that I could say about Judge McMillian, it would be that he fought a good fight; he finished the course, good and faithful servant, well done.

Judge Angela Quigless, ’84Circuit Judge, City of St. Louis, 22nd Judicial Circuit

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Save the Dateoctober 19, 2006a portrait ceremony in

memory of Judge Theodore M. McMillian will be held

at saint louis university school of law.

�� Saint Louis Brief Spring 2006 Spring 2006 Saint Louis Brief �5

They look like friends. Three of them, standing outside

a restaurant, arms wrapped around each other,

smiles painted widely on their faces. The two young

women in the photo are laughing, the one on the left

looking off to the side, perhaps at a friend making a

funny face. The man in the middle is serious, yet his

warm smile practically illuminates the photo, casting a

golden sheen over everything in the camera’s view.

The photo sits in a book, along with many others just like it, on Sandy Johnson’s shelf, and every time she opens it, her lips instinctively curl into a familiar smile. Today, she’s brought it to the dining room in Queen’s Daughters Hall, where colleagues Ann Cronin-Oizumi and Father Frank Reale have also gathered. The album is open in front of them, and suddenly, the large room echoes with the sound of their voices, laughing, chiding and mostly, remembering.

Hard to believe the picture was taken nearly forty years ago, in a spot not far from where they’re sitting now. It was the fall of 1970, and the three were just halfway into their freshman year at Saint Louis University. The Vietnam War

was still raging, and anti-war demonstrations were taking place on campus and across the nation. The first Earth Day celebration was established on April 22, marking the country’s first grassroots effort on behalf of the environment. Four Kent State students were killed and nine others wounded during a May 4 protest against the recently launched American invasion of Cambodia. Washington University’s ROTC building was set on fire, and many colleges and universities across the country shut down for fear that similar outbreaks would occur on their campuses. Johnson remembers there being a strike on the Saint Louis University campus the end of her second semester.

“Students boycotted classes as a sort of emotional reaction to the Kent State shootings,” she recalls. “We were truly immersed in a hotbed of political activity, and people were rejecting in a big way the notion of life going on as usual.”

By that time, the three people in the picture had already become quite close. Despite the fact that they were all members of the Honor’s Program, and were assigned to take a great majority of the

same courses, it wasn’t convenience that brought them together. It was, in part, a young woman named Trish Curtis.

“I remember exactly the day Sandy and I met,” Reale says. “Before my first day of classes, my parents told me to be on the lookout for the daughter of one of their friends, Trish Curtis, who was in my history class. Turns out, Sandy was also in the class. When I walked in on the first day, she was talking to Trish, so when I introduced myself to Trish, that’s when I met Sandy.”

The story is a little different for Cronin-Oizumi, who met Johnson somewhat by chance.

“Sandy and her friend Bob were coming in the door to DeSmet Hall, and I was already inside,” remembers Cronin-Oizumi. “We were all heading toward the Honor’s Lounge and the three of us just struck up a conversation. We’ve been friends ever since.”

Johnson’s friendship with Cronin-Oizumi, along with the one she formed with Reale after their fortuitous meeting, has truly been a lifelong endeavor. In college, the three spent a great deal

of time together, attending midnight Mass at The Lower College Church and stopping by Rossino’s restaurant afterwards, going to Cyrano’s for dessert and buying each other gag gifts from Woolworth’s. During the summer of 1970, Johnson visited Cronin-Oizumi’s home in New York, and the two visited nearby Jones Beach State Park, providing Johnson her very first look at the ocean.

“It was a big deal for someone from South County,” Johnson laughs.

In the fall of 1971, Johnson decided to get her first look at Europe by studying abroad in Madrid, Spain. Her flight left from New York, so Reale and a few friends (which included the ubiquitous Trish Curtis) drove her there a week early, and they all saw the sights together.

“We rented a car, and packed it up with tins of food and an electric skillet,” remembers Reale. “We rented two hotel rooms, one for the guys and one for the gals, and cooked everything on that skillet. We would splurge on theatre tickets, though, and went to art museums.”

Not long after Johnson’s decision to study

agai

nAnn Cronin-Oizumi

Instructor, Legal Research and Writing

Sandra H. Johnson Professor of Law,

Tenet Endowed Chair in Health Law and Ethics

Frank Reale, S.J. Vice President of Mission and Ministry, Chaplain of

the School of Law

photos by James Visser

by Stefanie Ellis

l to

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, Joh

nson

and

Cro

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umi

�6 Saint Louis Brief Spring 2006 Spring 2006 Saint Louis Brief ��

abroad, Reale made a decision of his own. He entered the Jesuits in September of 1971 and spent the next two years in Kansas City as a novice, the first stage in Jesuit formation. Though the group was separated by distance their final two years of college, fate intervened once again.

“Sandy and Ann’s graduation was happening while I was away,” remembers Reale. “It turned out that my fellow Kansas City novices and I were sent to St. Louis on the weekend of their graduation in order to attend the ordination of some Jesuits. The ordination was on a Friday night, but I skipped it because the girls invited me to join them and their families at Kemoll’s for dinner. I got to celebrate their graduation, which made me very happy.”

The friends were also together on August 8, 1973, a few short months after graduation, celebrating Johnson’s marriage. Her husband Bob wasn’t a stranger to Cronin-Oizumi, who was the maid of honor, or Reale, who proclaimed a reading at the ceremony. Her husband was, in fact, a part of their group of friends since the beginning. He was there when Ann and Sandy met for the first time in DeSmet Hall. He was there for midnight Mass and Friday night ice cream parties. And he was there, helping to drive the car on that road trip to New York.

Not long after the wedding, life began quickly for everyone in the group. Though they often found themselves separated by states and continents, their connection never wavered.

“Friendships have to be nurtured, and we all believed that,” says Johnson, who named Reale the

proxy godfather and Ann the godmother when her first child, Emily, was born in 1975.

“We kept in touch on special occasions,” remembers Cronin-Oizumi. “We sent each other cards and spoke on the phone at least three to four times a year. Later, we got together with our old group every February to talk about our college days. We always knew what was going on in each other’s lives.”

There was certainly a lot to keep up with. Reale, who returned to Saint Louis University

in 1973 to complete his degree in philosophy, headed to the University of Minnesota in 1974 to begin his graduate degree in American Studies. Always attracted to the idea of teaching, he pursued his initial work as a teacher and coordinator of student activities at Rockhurst High School in Kansas City from 1976–1978. In 1978, he went to London to study theology, and returned to St. Louis in 1982 an ordained priest. Six years later, he became involved in Jesuit internal administration, and spent several years serving as vocation director for the Missouri Province and assistant for formation/secondary education. From 1997–2003, Reale served as provincial for the Jesuits of the Missouri Province, which includes approximately 300 Jesuits who serve in five states and Belize. As provincial, he oversaw a six-member executive staff and worked closely with the leadership of the high schools and universities, as well as of the retreat houses and parishes, sponsored by the province.

When his term was up six years later, he was available for assignment by the new provincial.

“I had always been interested in campus ministry and knew there was an open space as the chaplain at Saint Louis University School of Law,” remembers Reale, “so I raised the question with the current provincial and talked to Father Biondi about moving into that position.”

Reale, currently the vice president of Mission and Ministry of the University, was made chaplain of the School of Law in 2004. It was during his first week in the building that Cronin-Oizumi, who had been a Legal Research and Writing instructor at the School for three years by that time, passed him in the hall on her way to the faculty lounge.

“It was so great to see Frank again,” recalls Cronin-Oizumi. “Imagine, working together after all those years with one of your closest college friends!”

Cronin-Oizumi surely didn’t imagine the reunion, nor did she imagine returning to her alma mater in a professional capacity, but in 2001, that’s just what happened.

“I returned to St. Louis for family reasons,” says Cronin-Oizumi. “I decided to visit the law library not long after I arrived. I picked up a legal newspaper and saw the School’s advertisement for a Legal Research and Writing professor. I thought, ‘this really sounds like something I’d love to do.’ Within two to three weeks I got the job.”

It was a job for which she not only had the perfect background, but one she has since found great reward in doing. After graduating cum laude from Harvard Law School in 1976, Cronin-Oizumi spent the next year and a half practicing as a labor

and litigation attorney at a Chicago law firm, and another two and a half years as counsel to the chairman of the National Labor Relations Board in Washington, D.C. A strong desire to use her legal knowledge to help working people motivated her to transfer to the NLRB’s regional office in Los Angeles, where she practiced as a trial attorney for more than 20 years.

During her work for the NLRB in Los Angeles, Cronin-Oizumi tried over 75 cases and appeared in Federal District court frequently. She also trained other attorneys in techniques of developing, analyzing, briefing, settling and litigating labor cases against both employers and labor unions. Her work prepared her well for her future teaching career at the School of Law.

“I love teaching,” Cronin-Oizumi says. “I love to talk with students and advise them about their work. Knowing you’re helping students develop writing and other legal skills that will affect their careers is incredibly rewarding.”

Sandy Johnson would certainly agree. She’s been working with students at the School of Law since 1978, a result of yet another fortuitous Saint Louis University connection. After receiving a law degree from New York University School of Law in 1976, where she was a Root-Tilden Scholar, and an LL.M. at Yale Law School in 1977, she had been working as an assistant professor of law at New York Law School when a visit to St. Louis to see her family brought back a host of welcome memories.

“I decided to visit the Saint Louis University campus while I was there, and when I did, quickly

called Bob in New York and asked if he’d consider moving back home,” says Johnson. “We already had one child and another on the way, and I thought this would be a nice city for us to raise our family.”

It was on that same day that Bob Johnson received a phone call from Roger Goldman, a professor at Saint Louis University School of Law who was in New York doing research on federal magistrates in the courthouse where Bob worked.

“The School’s dean, Rudy Hasl, had asked Roger to make contact with me,” she remembers. “Since I was in St. Louis, Roger contacted Bob and asked if I would be interested in coming to work at the law school. We met him and his family at the Guggenheim and then I came to the School for an interview. I joined the faculty at the School of Law in 1978 and have been here ever since.”

Throughout her time at the School, Johnson has co-authored the book, Health Law — Cases, Materials and Problems, which has been used in more than 150 universities in the United States and has been cited more than 500 times in scholarly articles and court opinions, and the treatise, Health Law, which the U.S. Supreme Court has cited three times. She has served as the law school’s associate dean for academic affairs, director of the Center for Health Law Studies and interim dean, and was provost of the University from 1999–2002. She holds the Tenet Endowed Chair in Health Law and Ethics at Saint Louis University Center for Health Care Ethics and has secondary teaching appointments in the Schools of Medicine and Public Health.

The day Johnson learned Cronin-Oizumi had been hired to work at the School of Law she was very happy.

“It just seemed so right that Ann would be returning to Saint Louis University,” she says. “I was thrilled that our students would have the benefit of her terrific experience, and that we would be together again.”

Johnson, who had worked with Reale throughout the years when he was provincial and she provost, was equally happy when Reale joined the School of Law as chaplain.

“Having Frank and Ann back in the same building just felt like old times,” she smiles.

Back in the place where their intellects were challenged, friendships blossomed and education was the key that helped unlock so many doors in their futures. Today, they find great reward in passing along their knowledge and experience to students at the School of Law, and perhaps are even passing along the idea that while futures are often built at Saint Louis University, so are lasting relationships.

“Each of us went to the four corners of the world, lived very different lives, and ended up living and working in the same city, nearly forty years later, pretty much where we first started,” Johnson says, a sense of amazement in her voice. “That certainly makes for some kind of friendship.”

“We’ve really got a lot to celebrate,” Reale adds.Cronin-Oizumi smiles in agreement. “Here’s

to another forty more!”

photos courtesy of Sandra Johnson

�� Saint Louis Brief Spring 2006 Spring 2006 Saint Louis Brief ��

As a law student at Saint Louis University in the mid-1980s, I recall finding in Black’s Law Dictionary (5th ed.), the following mysterious entry: “Prius vitiis laboravimus, nunc legibus.” Black’s offers nothing more except a descriptive pronunciation scheme and the translation: “We labored first with vices, now with laws.” The entry contains no source or attribution. Professor Immel may have been present when Pliny the Elder or Cicero first uttered those words, but I have been unable to trace their origin. Even Google, the idiot savant of the Internet, turns up only the words and their translation.

On the occasion of the anniversary of the 50th volume of the Saint Louis University Law Journal, the observation makes for a fitting reminder of the accumulated labor found in its stories.

As law students, we indeed “labor with laws,” as we are trained in our vocation to practice, teach and administer the vast seamless web of jurisprudence. All men and women who labor honorably in the profession and serve with character and integrity do their part to hold the alternative to law — runaway human vice and iniquity — at bay. However, there’s even more work for those willing to do it, and the Journal presents the first opportunity for a daunting new role: somebody has to write, edit, interpret, clarify, apply and indeed “create” the laws and legal texts under which we struggle. Are you qualified and willing to serve?

The invitation to join the staff of the Journal, the challenge to produce and edit legal texts (instead of merely studying them and struggling to understand them) typically comes at the start of our second year in law school (the year we are reportedly already worked to death). Saying “yes” means more labor, more responsibility and a permanent record of our success or failure enshrined in the volumes of the Saint Louis University Law Journal. Like most writing and almost all scholarly endeavors, the considerable

work involved is voluntary. Nobody makes us do it. The impulse to accept the challenge springs from uncertain origins, perhaps best expressed by H.L. Mencken, who said, “Why authors write I do not know. As well ask why a hen lays an egg or a cow stands patiently while a farmer burglarizes her.”

Why law students join the Journal I do not know, but their labors during their tours of duty forever change them and the law, in ways that prospective employers and courts seem to appreciate. In its 57 years of existence, the Journal has been cited by the United States Supreme Court fourteen times, by the Missouri Supreme Court seventeen times and by the federal appellate courts sixty-one times.* A casual glance at a list of the luminaries who have served and contributed will make even those untutored in the law stand back and take a breath: eleven Supreme Court Justices, ten Congressmen and a list of leading academics and commentators too numerous to list (see sample listing, page 19).

For the law student who signs on to haul boulders up the side of such an edifice, the labor is often overwhelming. It’s an early initiation into how difficult and important it is to write well and write with care and precision, especially when we are trying to express, interpret and apply THE LAWS, those pliable, insubstantial constructs made of nothing but words, which are all that really keep us from what came before: vices.

I hope I speak for all staff members, editorial board members and faculty when I say that I am proud and glad to have served and happy to see the Journal celebrate its first 50 volumes. Cheers to those beginning the labors of the next fifty!

— Richard Dooling, ’87 Novelist and Screenwriter

* Special thanks to David Kullman, reference librarian, Saint Louis University School of Law, for researching this information.

50 Supreme Court JusticesStephen Breyer (Vol. 40, 42)

Warren Burger (Vol. 14)

Tom Clark (Vol. 8)

Abe Fortas (Vol. 15)

Ruth Bader Ginsburg (Vol. 38)

Arthur Goldberg (Vol. 27)

Anthony Kennedy (Vol. 42)

Sandra Day O’Connor (Vol. 40, 42)

William H. Rehnquist (Vol. 28, 40)

Antonin Scalia (Vol. 40)

Charles E. Whittaker (Vol. 11)

CongressmenBirch Bayh (Vol. 14)

Paul Douglas (Vol. 3)

Thomas F. Eagleton (Vol. 4, 18)

Richard Gephardt (Vol. 29)

Hubert Humphrey (Vol. 20)

Edward Kennedy (Vol. 14)

Edward V. Long (Vol. 10)

Wright Patman (Vol. 10)

Peter Rodino (Vol. 20)

Joseph D. Tydings (Vol. 13)

Leading AcademicsWilliam Van Alstyne (Vol. 49)

Derrick Bell (Vol. 34)

Anthony D’Amato (Vol. 27)

David Feller (Vol. 41)

Paul Freund (Vol. 11)

Jerold H. Israel (Vol. 45)

Robert Keeton (45)

Harold Hongju Koh (Vol. 46)

Philip B. Kurland (Vol. 32)

Sanford Levinson (Vol. 31)

Tom Merrill (Vol. 43, 47)

Arthur S. Miller (Vol. 10)

William E. Nelson (Vol. 41, 45, 48)

Burt Neuborne (Vol. 42)

Norman Redlich (Vol. 39)

OthersFloyd Abrams, Attorney (Vol. 37)

Judge Richard Arnold (Vol. 40, 43)

Griffin Bell, U.S. Attorney General (Vol. 23)

David Boies, Attorney (Vol. 39)

Judge Jose Cabranes (Vol. 44)

Judge Robert L. Carter (Vol. 37)

Drew Days, U.S. Solicitor General (Vol. 41, 49)

Richard Dooling, Novelist (Vol. 30, 40)

Marian Wright Edelman, Founder,

Children’s Defense Fund (Vol. 37)

Jack Greenberg, Professor,

Director of NAACP Legal Defense and

Education Fund (Vol. 38, 41, 48)

Anthony Lewis, Journalist (Vol. 43)

Judge Theodore M. McMillian (Vol. 24, 28, 40)

Judge Louis Pollak (Vol. 48)

Janet Reno, U.S. Attorney General (Vol. 40)

Governor Joseph P. Teasdale (Vol. 5)

Edwin Yoder, Attorney (Vol. 43, 45)

Andrew Young, Mayor of Atlanta and

U.S. Ambassador to the U.N. (Vol. 39)

The foregoing is a partial list of the distinguished authors the Journal has published. It does not include many distinguished American and foreign judges. Some luminaries listed were published before they achieved prominence (e.g. Eagleton’s first article was pre-Senate), some during, some after they had left a position (e.g. Goldberg, Fortas).

Compiled by Professor Joel K. Goldstein

c e l e b r a t i n g

V o l u m e s Sain

t L

ouis

Uni

vers

ity

Law

Jou

rnal

— We labored first with vices, now with laws.

Below is a partial list of the distinguished authors the Journal has published:

photo by Jay Fram

Jay Fram

50c e l e b r a t i n g

V o l u m e s

Intramural Law Review Of St. Louis UniversityVolume 1, No. 1 (May, 1949)TABLE OF CONTENTS

Employer’s Rights In The Patentable Inventions Of His Employees Russell H. Schlattman..................1

The Privilege Against Self-Incrimination Before The House Committee On Un-American Activities John T. R. Godlewski..................15

The Mccollum Decision: A Criticism Albert A. Michenfelder................26

Proposed Statute For Missouri On Release Of Powers Of Appointment Albert L. Hencke.........................37

Administration Of Decedents’ Estates: A Summary Of Missouri Procedure Cleon L. Burt...............................53

Contract And Consideration: Mansfield And Cardozo Charles B. Howell........................75

Intramural Law Review of St. Louis University School Of LawVolume 1, No. 2 (Spring, 1950)TABLE OF CONTENTS

Missouri’s Non-Partisan Constitutional Convention Henry J. Schmandt......................95

The Child’s Suit For The Alienation Of His Parent’s Affections: Its Relation To Loss Of Consortium Russell H. Schlattman...............104

The Missouri Law Of Marital Communications: Inconsistency Between Property And Divorce Cases Cleon L. Burt.............................117

Equitable Protection Of Domestic Relations Charles Howell..........................134

Equitable Protection Of Political Rights John J. Donnelly, Jr...................150

Charities - Liability For Torts P. Pierre Dominique..................168

Intramural Law Review of St. Louis University School Of LawVolume 1, No. 3 (Spring, 1951)TABLE OF CONTENTS

The Missouri Judicial Department Under The 1945 Constitution Laurance M. Hyde....................183

Interferences With Licenses By Strangers Alvin E. Evans...........................189

Some Aspects Of Civil Death In Missouri P. Pierre Dominique..................200

Some Comments On Board Action Under The Labor Management Relations Act, 1947 Harold Gruenberg.....................215

Recent Developments In The Law Of Racial Restrictions On Real Property Charles Howell..........................222

Inventor’s Experimental Use Of His Patentable Invention Russell H. Schlattman...............241

Saint Louis University Law Journal - Formerly Intramural Law ReviewVolume 1, No. 4 (Winter, 1951)TABLE OF CONTENTS

Articles

The Clear And Present Danger Doctrine: A Reappraisal In The Light Of Dennis V. United States Henry J. Schmandt...................265

Impeaching A Witness By Showing His Reputation For Truth John D. Wilkins.........................277

Legal Use Of The Lie Detector August W. Jaudes.....................299

International Antitrust Dilemma Henry K. Junckerstorff...............312

Recent Cases

Bailment—Limitation Of Liability By Contract John J. Goebel..........................318

Contracts—Parol Evidence—Admission To Invalidate Written Instrument Frank B. Green.........................321

Negligence—Leaving Keys In Unattended Vehicle—Liability For Acts Of Intermeddlers William A. Blase........................325

Contracts—Lottery—Effect Of Illegality—Parties Not In Pari Delicto William C. Dale.........................330

Parties—Bringing In New Parties—Missouri Third Party Practice Rule Robert J. Hall...........................333

Negligence—Liability To Spectators At Baseball Games Injured As A Result Of Hazards Of The Game Eugene K. Buckley....................337

Labor Relations—Secondary Boycotts When Primary And Secondary Employers Have Same Situs—Contractors And Subcontractors Glen C. Schomburg...................342

Wills—Signature By Testator—Location On Instrument William C. Sullivan....................346

Book Reviews

The Law Of Labor Relations, Benjamin Werne Harold Gruenberg.....................351

Man And The State, Jacques Maritain Thomas E. Davitt, S.J...............353

Master Research Guide, Olga Becker Richard J. Childress..................354

The Cy Pres Doctrine In The United States, Edith Fisch Alvin E. Evans...........................356

Selected Essays On Family Law, Association Of American Law Schools Committee William R. Arthur........................357

The Conflict Of Laws And International Contracts, University Of Michigan Law School Frank R. Smillie........................359

Saint Louis University Law Journal - Formerly Intramural Law ReviewVolume 2, No. 1 (Spring, 1952)

TABLE OF CONTENTS

Articles

The Office Of Attorney General Of Missouri J. E. Taylor...................................1

Multiple-State Enforcement Of Family Support W. J. Brockelbank.....................12

Snow And Ice And Street Sprinkling Ordinances Alvin E. Evans.............................28

Interrogation Of Employees Concerning Union Activity And Membership Harold Gruenberg.......................36

Some Pre-Incorporation Tax Considerations Richard D. Duncan.....................47

Notes

Extinguishment Of An Easement By An Executed License Arthur H. Wagener.....................54

The “Right” To Refuse To Cross A Picket Line: Limitations Imposed By Courts And Legislation Thomas W. Kennedy....................6

Recent Cases

Constitutional Law—Interstate Commerce—State Taxation Of Inland Waterway Vessels Hilmar L. Lax...............................78

Municipal Corporations—Duty Of City Counselor To Defend Policeman In Tort Action For Acts Done In The Discharge Of His Duty John J. Goebel............................80

Constitutional Law—State Veterans Preference Acts Emil Poertner..............................85

Damages—Measure For Breach Of Correspondence School Contracts C. H. Sturgess and Roland A. Wegmann...................................87

Civil Procedure—Real Party In Interest— Question Of Fact Whether Plaintiff Is Assignee For Collection Or Attorney In Fact James L. Amsden.......................91

Book Reviews

The Nature Of Law, Thomas E. Davitt, S.J. Miriam Theresa Rooney 94

Administrative Agencies And The Courts, Frank E. Cooper Thomas L. Croft........................................96

Brief Writing And Oral Argument, Edward D. Re Frank H. Randall.........................98

Income Tax Treatment Of Life Insurance Proceeds And Other Tax Articles, William J. Bowe Glen C. Schomburg..................100

Collective Bargaining, Neil W. Chamberlain Gladys Walleman Gruenberg....101

The Interstate Compact Since 1925, Frederick L. Zimmermann and Mitchell Wendell Henry J. Schmandt....................103

The Philosophy Of Democratic Government, Yves R. Simon Thomas E. Davitt, S.J...............104

Levithan And Natural Law, F. Lyman Windolph Thomas E. Davitt, S.J...............105

Handbook Of The Law Of Trusts (Third Edition), George Gleason Bogert Alvin E. Evans...........................106

Accounting For Lawyers, A. L. Shugerman Oliver W. Schneider..................108

Saint Louis University Law JournalVolume 3, No. 1 (Spring, 1954)TABLE OF CONTENTS

Articles

Individual Rights And Security Senator Paul H. Douglas..............1

Murder And Non-Negligent Manslaughter: A Statistical Study Arthur C. Meyers, Jr....................18

Note

Probable Cause In Searches And Seizures Marianne J. Cegas.....................36

Recent Cases

Carriers—Elevators As Common Carriers—Liability And Presumptions Robert D. Cole............................95

Labor Relations—Suit By Union To Enforce Employee Right—Federal Jurisdiction James F. Mccarthy....................100

Book Reviews

International Politics (Fifth Edition), Frederick L. Schuman Kurt V. Schuschnigg..................105

American Liberty And “Natural Law”, Eugene C. Gerhart Marianne Miller Childress..........111

Selected Topics On The Law Of Torts, William Lloyd Prosser Herald F. Mcniece.....................113

Saint Louis University Law JournalVolume 3, No. 2 (Fall, 1954)TABLE OF CONTENTS

Articles

Means And Methods Of Making Charitable Contributions Under The Internal Revenue Code Of 1954 Frank Cohen.............................117

A Blueprint For Administrative Reform: The Report Of The State Reorganization Commission Of Missouri Henry J. Schmandt....................151

Involuntary Loss Of American Citizenship Walter H. Maloney, Jr................168

Recent Cases

Adoption—Consent Of Mentally Ill Parent Unnecessary—Constitutional Due Process Frank J. Lane, Jr......................195

Bills And Notes—Payment Of Check— Drawee’s Knowledge Of Drawer’s Death Earl Q. Smith............................198

Comparative Negligence—Apportionment By Jury—Automobile Collision John E. Dunsford.....................202

Constitutional Law—Due Process

Of Law—Rules Of Evidence—Statutory Presumption Of Guilt Paul K. Kirkpatrick....................206

Constitutional Law—Public Criminal Trials—The Press William J. Mccrone....................211

Labor Relations—Federal Preemption— NLRB Edward F. Casey.....................215

Life Insurance—War Exclusion Clause— Korean Conflict Edward C. Cody.....................221

Negligence—Issues, Proof, And Variance— Matter To Be Proved—Plea Of Due Care Necessary To Plaintiff’s Claim In Missouri Based On Illinois Law David G. Dempsey....................225

Sovereign Immunity—Availability Of Counterclaims As Defense Against Action Brought By Government Robert E. Furlong.....................229

Book Review

Natural Right And History Marianne Miller Childress........234

Saint Louis University Law JournalVolume 3, No. 3 (Spring, 1955)TABLE OF CONTENTS

Article

American Principles And Religious Schools Robert J. Henle, S.J..................237

Notes

Religious Factors In Divorce And Annulment John E. Dunsford......................253

The Position Of Religion In Cases Concerning Burial And Disinterments Frank Lane...............................260

Zoning The Church Philip G. Feder.........................265

Recent Cases

Constitutional Law—Church And State—Distribution Of Bibles In Public Schools Joseph F. Mueller......................269

Constitutional Law—Public School Expenditures—Transportation Of Parochial School Pupils Marianne J. Cegas....................273

Constitutional Law—Religious Liberty—Fair Labor Standards Act Louis Quick.................................28

Constitutional Law—Religious Liberty—Fluoridation Of Municipal Water Supply Edward F. Casey.......................284

Constitutional Law—Religious Liberty And Freedom Of Conscience—Conscientious Objectors Edward Cody............................291

Constitutional Law—Religious Liberty—Governmental Action Victor J. Klutho..........................293

Constitutional Law—Religious

Liberty—Sunday Closing Laws William J. Mccrone....................300

Constitutional Law—Religious Societies—Jurisdiction Walter L. Brady, Jr....................304

Religious Societies—Property—Abandonment Kero Spiroff...............................307

Religious Societies—Schism In Congregation—Control Of Property Earl Q. Smith............................310

Wills—Testamentary Provision Restricting Religious Faith And Marriage Edgar T. Farmer........................315

Saint Louis University Law JournalVolume 3, No. 4 (Fall, 1955)TABLE OF CONTENTS

Articles

Reform Of Judicial Procedure And Its Impact On Missouri Alexander Holtzoff.....................323

Beneficial Aspects Of The Civil Code Of Missouri Marlin M. Volz and Charles B. Blackmar...................................334

Deficiencies Of The Code Of Civil Procedure In The Light Of Ten Henry J. Westhues....................350

Ten Years Of The New Code—A Trial Judge’s View Robert L. Aronson.....................357

Easing The Lawyer’s Burden—Suggestions For Further Improvement Of Missouri Civil Procedure Paul Taub..................................365

Reasons For Adopting A Complete Code Of Civil Procedure By The Missouri Supreme Court Under Its Constitutional Rule Marking Authority Laurance M. Hyde....................378

Notes

Claims And Counterclaims Robert E. Furlong.....................384

Class Suits Under The Missouri Code John E. Dunsford......................391

Commencement Of An Action And Service Of Process David G. Dempsey....................394

Interpleader And Intervention Victor J. Klutho..........................402

Interrogatories And Depositions Under The Civil Code Of Missouri Edward F. Casey.......................407

Joinder Of Parties William J. Mccrone....................413

Pleadings And Answers Edward Cody............................419

Third Party Practice: A Summary Of Ten Years Of Impleader Under The Missouri Code Edgar T. Farmer........................428

Production Of Documents And Physical Examinations

Frank J. Lane, Jr.......................437

Book Review

Trial Practice Volumes Orville Richardson.....................441

Appendix

Time Table For Missouri Civil Procedure Donald P. Shine........................452

Saint Louis University Law JournalVolume 4, No. 1 (Spring, 1956)TABLE OF CONTENTS

Articles

Some Constitutional Issues Relating To Government Employment Ivor L. M. Richardson....................1

The Defense Of Army Security Risk Cases Jacob K. Stein.............................34

Involuntary Loss Of American Citizenship Walter H. Maloney, Jr..................50

Note

Law Making Authority Of The Administrator Robert M. Craig..........................79

Recent Cases

Advertising By Attorney—As Ground For Disbarment, Suspension, Or Other Disciplinary Action William Johnson..........................89

Negligence—Immunity Of Charitable Organization From Liability Donald P. Shine..........................92

Saint Louis University Law JournalVolume 4, No. 2 (Fall, 1956)TABLE OF CONTENTS

Articles

Some Constitutional Issues Relating To Government Employment Ivor L. M. Richardson................101

Tax Obligations According To The Natural Law Philip S. Land, S. J...................129

The Use Of Residential Trusts In Estate Planning Winsor C. Moore.......................147

The Position Of The “City-County Offices” In A New Charter For The City Of St. Louis David G. Dempsey...................162

Edgar T. Farmer

Notes

The Problem Of Bias In The Administrative Process Donald P. Shine........................183

Secondary Boycotts And The Taft-Hartley Act Jean F. Souders........................190

Recent Cases

Courts—Discretion Of The Court

As To Exercise Of Jurisdiction—Forum Non Conveniens William A. Johnson....................198

Evidence—Illegal Search And Seizure—Injunction Against Federal Officer Testifying In State Court James J. Delaney......................204

Packaged Food—Implied Warranty Of Wholesomeness For Human Consumption—Amount Of Evidence Required William A. Johnson....................207

Validity Of Reapportionment Of The City Of Saint Louis Jack J. Kitchin...........................214

Book Review

European And Comparative Government Manuel R. Garcia-Mora............222

Saint Louis University Law JournalVolume 4, No. 3 (Spring, 1957)TABLE OF CONTENTS

Article

Registration Of Title: A Statutory Comparison John J. Quinn............................229

Comments

Urban Redevelopment: A Topic Suggested By The St. Louis Land Use Plan Of 1956 George V. Meisel......................306

What Use Is A Public Use In Eminent Domain Jack J. Kitchin...........................316

Valuation Of Property In Eminent Domain William A. Johnson....................325

Exclusive Federal Jurisdiction Over State-Ceded Land Frank O. House........................334

Notice In Proceedings To Condemn Property Rollin J. Moerschel....................339

Extension Of Macpherson V. Buick To Real Property Hillary H. Hallett........................344

Saint Louis University Law JournalVolume 4, No. 4 (Fall, 1957)TABLE OF CONTENTS

Articles

Statutory Expansion Of Municipal Tort Liability Chester J. Antieau.....................351

A State Prosecutor Looks At The Jencks Case Thomas F. Eagleton..................405

The Uniform Statute Of Limitations On Foreign Claims Act: A Discussion Of Section Two David H. Vernon........................442

The Wife’s Action For Loss Of Consortium — Progress Or No? Joseph J. Simeone...................424

Comments

Sunday Closing Laws, Police Power Restrictions On Business George V. Meisel......................465

Comments On The Missouri Laws Of Adoption In Light Of Bedinger V. Graybill’s Executor And Trustee Donald J. Stohr.........................477

Book Reviews

Ninth Tax Institute: 1957 Major Tax Planning, University Of Southern California School Of Law: Edited By John W. Ervin Frank Cohen.............................485

Trust Administration And Taxation (2nd Ed.): Walter L. Nossaman Frank Cohen.............................487

Saint Louis University Law JournalVolume 5, No. 1 (Spring, 1958)TABLE OF CONTENTS

Articles

Law And The Age Of Space Andrew G. Haley...........................1

Air Law And Space Welf Heinrich Prince Of Hanover.......................11

Principles Of International Law In Spaceflight Cyril E. S. Horsford.....................70

A Guide To The Study Of Space Law John C. Hogan............................79

Comments

What Private Encroachments Are Allowed By A City Patrick E. Hartigan....................135

The Long Arm Of The Law Is Now Longer: Section 17 Of The Illinois Civil Practice Act Thomas R. Bobak.....................139

Fear As A Basis For Refusing Workmen’s Compensation Remedial Treatment Thadeus F. Niemira...................144

A Look At The Development Of Recovery For Prenatal Injury James J. Sauter........................151

Book Reviews

United States Foreign Policy, 1945-1955. William Reitzel, Morton A. Kaplan, Constance G. Coblenz Kurt Von Schuschnigg..............161

The Civil Law System, Cases And Materials For The Comparative Study Of Law. Arthur Taylor Von Mehren Rev. Joseph A. Mccallin, S.J.....164

Archeion, Or, A Discourse Upon The High Court Of Justice In England. William Lambarde. Edited By C. H. Mcilwain And Paul L. Ward Lawrence M. Friedman.............166

Saint Louis University Law JournalVolume 5, No. 2 (Fall, 1958)TABLE OF CONTENTS

Articles

A Later Look At The Sale And Leaseback Frank Cohen and George V. Meisel......................169

Actions To Secure Compliance With Awards Of The National Railroad Adjustment Board J. M. Willemin............................192

Atomic Energy, Human Rights, And The Law Francis L. Kenney Jr.................208

The Concept Of The “Trader” In Early Bankruptcy Law Lawrence M. Friedman and Thadeus F. Niemira...................223

Before And After The Decretum Of Gratian Wm. R. Burton, S.J...................250

Comments

Medieval Lawyers And The Red Mass: Towards A History Of The Mass Of The Holy Ghost R. J. Schoeck............................274

Property In Corpses Anton J. Pregaldin....................280

The Preemptive Right In Missouri—Is It Inviolate? Joseph J. Dolgin.......................297

Book Reviews

Preparation Manuel For Aviation Negligence Cases. Stuart M. Speiser Allen J. Roth.............................306

The American Stockholder. J. A. Livingston Henry G. Manne.......................309

Saint Louis University Law JournalVolume 5, No. 3 (Spring, 1959)TABLE OF CONTENTS

Articles

Merits And Demerits Of The Missouri System Of Instructing Juries Walter A. Raymond...................317

Missouri Instructions S. L. Trusty................................329

Standardized Jury Instructions In California Martha Stewart Yerkes..............347

The Doctrine Of Charitable Immunity Joseph J. Simeone...................357

Some Considerations In The International Law And Politics Of Space Lt. Col. Morton S. Jaffe, U.S.A..375

Comments

Lack Of Instructions As Error In Missouri Robert J. Safranek....................386

A Statistical Study Of Instructions In Missouri: A Comparison With California John Casey, Richard L. Hughes and Joseph B. Mcdonnell.................396

Instructions To The Jury On Damages In Civil Cases In

Type too small?Go to law.slu.edu/brief/issues.html

and click “Celebrating 50 Volumes” to download a complete listing of the

first 50 volumes of the Saint Louis University Law Journal.

Call 314-977-7248, and we’ll be happy to send you a complete

listing in the mail.

22 Saint Louis Brief Spring 2006 Spring 2006 Saint Louis Brief 2�

Resumé • Professor of Law and Associate Dean for Faculty.

• Supervises the School of Law’s Corporate Counsel Externship Program.

• University of Michigan–Ann Arbor, A.B. 1972 with High Distinction; J.D. 1975 magna cum laude, Phi Beta Kappa.

• Lecturer in Property, BAR/BRI Law School Prep Program, 1997–Present

• Lecturer in Property, BAR/BRI Bar Review, 1997–1998

• Visiting Professor of Law, Hebrew University of Jerusalem, 1995

• Content, Tatusko, Patterson & Weinberger, Washington, D.C., 1981–1987

• Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., 1978–1981

• Honigman, Miller, Schwartz & Cohn, Detroit, Michigan, 1975–1978

• Recipient, Student Bar Association Faculty Member of the Year Award 1995, 1996, 1999 and 2000.

Personal Reflections Being a law professor has always been more of a privilege than a job. I find myself looking forward, each summer, to the first day of classes. It has some of the same pageantry as Opening Day. It’s when I throw out the first hypothetical. As the saying goes, the little joys of teaching are without number. In the 19 years since I joined the faculty, the School has changed in important ways. Faculty members have higher expectations of students, administrators and each other. Likewise, students demand more of the faculty, the administration and each other. All of which bodes well for the future. Yet, in some ways, the School remains essentially unchanged. My colleagues still seem to genuinely enjoy each other’s company, and respect each other’s contributions to the overall success of the enterprise and the general sense of good spirit. We continue to rejoice in the civility and courtesy of our students, the dedication of loyal alumni and the wisdom and fairness of strong decanel leadership.

I worry about the level of dissatisfaction reported among practitioners engaged in the careers for which we train our students. Too many legal employers seem to encourage unhealthy and unnecessary competition among peers. If I had but one wish for our students it would be that they might find opportunities in workplace environments similar to the one I encountered upon arriving at the School in 1987 as part of a collegial and mutually-supportive group consisting of Tonie FitzGibbon, Tim Greaney, Leland Ware and Herb Eastman, of blessed memory. Father Biondi also arrived in 1987. We take pride in his accomplishments and

accept the challenge implicit in his observation that there cannot be a great university without a great law school.

Now that our son has enrolled at my own alma mater, I more fully appreciate the affection and pride that so many of our alumni demonstrate by supporting their children’s decision to attend law school at Saint Louis University. Besides the honor of having many alumni children in class, I’ve also had the pleasure of teaching the children, and, in one instance, the spouse, of faculty colleagues.

An interesting SubjectAlthough the Student Bar Association has selected him four times as Faculty Member of the Year, Alan Weinberger humbly brushes it off.

“It’s expectations analysis,” he says. “Students come into law school with a vague sense of constitutional or criminal law but they have no expectations about property law, or, if they have expectations, they’re negative. Then, when they find out it’s not as bad as they were expecting, they’re just delighted. It’s not me, you see. It’s the subject matter.”

The subject matter has interested Professor Weinberger since he was a boy. His grandfather was a real estate lawyer in New Jersey for 40 years. After graduating magna cum laude from law school, Weinberger spent a dozen years in private practice in Washington, D.C., and Detroit, representing institutional lenders, real estate developers, commercial landlords, foreign investors and contractors.

In his current research, Weinberger is conducting a study of a deed recordation tax for Missouri. Three-fourths of the 50 states have such a tax on commercial and residential real estate transfers, which can generate significant revenue. Missouri, however, is not one of them. “At a time when the state is facing severe budgetary shortfalls, it seems unfortunate to be leaving money on the table,” Weinberger says. “Once I quantify how much money Missouri could expect to derive from a tax like that, perhaps it could lead to a legislative proposal.”

Professor Weinberger has published articles in the area of preventive law, as well. His study of St. Louis-based corporate headquarters found that most would not comply with the requirements for effective corporate compliance programs. “The incentive for corporations to have compliance programs is that if an employee violates the law, the corporation is entitled to a dramatic mitigation of sentence,” he says. “But if you adopt an effective compliance program you run the risk of creating a corporate culture of watchfulness and companies are unwilling to send that message.”

Weinberger has also written and lectured on the erosion of the doctrine of caveat emptor and the origins of the presumption against mortgage prepayment.

Alan M. weinberger

fACULTy PRoFILe

we continue to rejoice in the civility and

courtesy of our students, the dedication of loyal

alumni and the wisdom and fairness of strong

decanel leadership.

In this installment of “On the Pulse,” Alan M. Weinberger, associate dean for faculty, highlights the latest scholarly achievements of the School of Law faculty.

Faculty members are engaged in a robust research agenda. We believe that scholarly productivity enhances the effectiveness of our teaching and mentoring. Through our broad involvement in the development of law, faculty members influence national legal and policy debates. Below is a sample of recent faculty scholarly activity.

professor mark p. Bernstein published “The 21st Century Law Librarian” in volume 43 of the Saint Louis Lawyer (Feb. 2, 2005). professor Frederic m. Bloom’s article, “Unconstitutional Courses,” has been accepted for publication by the Washington University Law Review. professor eric R. Claeys’ article, “The Penn Central Test and Tensions in Liberal Property Theory,” has been accepted for publication in volume 30 of the Harvard Environmental Law Review (2006). His article, “Is the Future of Development Regulation Based in the Past? Toward a Market-Oriented, Innovation Friendly Framework,” will be published in the Journal of Urban Planning & Development (2006). His chapter, “The National Regulatory State in Progressive Political Theory and Twentieth-Century Constitutional Theory,” will be published in Modern America and the Legacy of the Founding (2006). His article, “Positivism, the Religion Clauses, and Justice Scalia: A Reply to Professor Epps,” will be published in the Washington University Journal of Law & Policy (2006). In 2005, he authored, “Raich and Constitutional Conservatism at the Close of the Rehnquist Court,” which was published in volume 9 of the Lewis & Clark Law Review, and “Zoning and Progressive Political Theory,” in The Progressive Revolution in Politics and Political Science: Regime Change in America. His articles, “Don’t Waste a Teaching

Moment: Kelo, Urban Renewal, and Blight,” and “The Telecommunications Act of 1996, the Takings Clause, and Tensions in Property Theory,” were published in volume 15 of the Journal of Affordable Housing & Community Development Law (2005) and volume 22 of the Yale Journal on Regulation (2005), respectively. professor teri J. Dobbins published “Losing Faith: Extracting the Implied Covenant of Good Faith from (Some) Contracts,” in volume 84 of The Oregon Law Review (2005). professor Issak I. Dore published “L’influence française sur la nouvelle épistémologie juridique post-moderne aux Etats Unis,” in Les Archives de Philosophie (2006) and “La Constitution des Etats Unis et L’accusé,” in Revue de Droit International et Comparé (2006). Professor Roger L. Goldman published “The Jurisprudence of Sandra Day O’Connor” in the St. Louis Bar Journal (Fall 2005), and authored, “A Tribute to Chief Justice Michael A. Wolff,” for the forthcoming issue of the Saint Louis University Law Journal. Professor Jesse A. Goldner’s article, “A Review of Current Issues in the Regulation of Human Subject Research in the United States,” will appear in Legal Perspectives in Bioethics (2006). professor Joel K. Goldstein published the 2005 articles, “Approaches to Brown v. Board of Education: Some Notes on Teaching a Seminal Case,” and “Constitutional Dialogue and the Civil Rights Act of 1964,” in volume 49 of the Saint Louis University Law Journal. He also published the book, Admiralty: Cases and Materials (with Jarvis et al.) (2005). professor thomas L. Greaney co-authored, along with Sandra Johnson and others, U.S. Medical Law in the International Encyclopedia of Laws (2005). He co-authored the chapter, “Economic Theory and Antitrust” in Law and Economics: Alternative Economic Approaches to Legal and Regulatory Issues (2005), and authored “Hospital Mergers” in Competition Policy and Merger Analysis in Deregulated and Newly Competitive Industries, slated to be published this year.

fACULTy sCHoLaRsHIPFaculty Scholarship:

On the Pulse

eRIC R. CLaeysassistant Professor of Law

TeRI J. doBBInsassistant Professor of Law

Jesse a. GoLdneRJohn d. Valentine Professor of Law

THoMas L. GReaneyChester a. Myers Professor of Law

“

”

2� Saint Louis Brief Spring 2006 Spring 2006 Saint Louis Brief 25

His article, “New Governance Norms and Quality of Care in Nonprofit Hospitals,” was published in volume 14 of the Annals of Health Law (2005). professor Sandra H. Johnson’s article, “The Social, Professional and Legal Framework for the Problem of Pain Management in Emergency Medicine,” appeared in volume 33 of the Journal of Law, Medicine and Ethics (2005). Her work was supported by a grant from the Mayday Fund. Her essay, “Making Room for the Dying: End of Life Care in Nursing Homes,” was published in the November–December 2005 Hastings Center Report, as part of a special report funded by the Robert Wood Johnson Foundation and presented by the Hastings Center at a Congressional briefing in Washington, D.C. Johnson also wrote the chapters, “Living and Dying in Nursing Homes,” in Living With Grief: Ethical Dilemmas at the End of Life (2005), and “Legal and Ethical Aspects,” in Pain Management and Procedural Sedation in the Emergency Department (2005). She co-authored, along with Tim Greaney and others, U.S. Medical Law in the International Encyclopedia of Laws (2005). She is also co-editor of Legal Perspectives in Bioethics (2006) and co-author (with Peter Salsich, Alan Weinberger and others) of the third edition of Property Law: Cases, Materials and Problems (2006). Peggy McDermott is the author of the Missouri chapter in Prestatehood Legal Materials, a newly published two-volume treatise researching the history and development of law in the U.S. and the change from territory to statehood. Professor mark p. mcKenna published “The Right of Publicity and Autonomous Self-Definition,” in volume 67 of the University of Pittsburgh Law Review (2005), and has had two articles accepted for publication. “Intellectual Property, Privatization and Democracy: A Response to Professor Rose,” will be published in the 50th volume of the Saint Louis University Law Journal (2006), and “The Rehnquist Court and the Groundwork for Greater First Amendment Scrutiny of Intellectual Property,” will be published in volume 21 of the Washington University Journal of Law and Policy (2006). Professor eric J. miller’s article, “Foundering Democracy: Felony Disenfranchisement in the American Tradition of Voter Exclusion,”

appeared in volume 19 of the National Black Law Journal, and “Keeping It Real: Empathy and Heroism in the Work of Charles J. Ogletree, Jr.,” will appear in volume 19 of the Harvard Blackletter Law Journal (2006). professor Carol A. needham’s article, “Enhancing a Law Department’s Flexibility to Respond to Unexpected Challenges: Multijurisdictional Practice and the In-House Lawyer,” was published in the February 2006 Corporate Counsel Newsletter. Professor Camille A. nelson’s article, “Of Egg-shells and Thin Skulls: A Consideration of Racism-Related Mental Illness Impacting Black Women,” appeared in volume 29 of the International Journal of Law & Psychiatry (March–April 2006), and “Considering Tortious Racism,” appeared in volume 9 of the DePaul Journal of Health Care Law (2006). professor John C. o’Brien’s article, “The Meanings of Hearsay,” will appear in the forthcoming Teaching Evidence issue of the Saint Louis University Law Journal. professor Henry m. ordower’s article, “Comparative Law Observations on Taxation of Same Sex Couples,” will be made into a CLE CD Rom for the American Bar Association, Teaching Taxation Law Section, and was published in volume 111 of Tax Notes (2006) and the April 17 issue of Tax Notes International (2006). His article, “The Lawyer’s Responsibility to Non-Clients,” was published in volume 5 of the Journal of Chongju University Academy of Science (2005), and his article, “Horizontal and Vertical Equity in Taxation as Constitutional Principles: Germany and the United States Contrasted,” was published in volume 7 of the Florida Tax Review (2005). Professor nicole B. porter’s article, “Finding Balance in the Law Firm Environment,” was published in the March 2006 issue of St. Louis Lawyer, and her article, “Victimizing the Abused? Is Termination the Solution When Domestic Violence Comes to Work?” was published in volume 12 of the University of Michigan Journal of Gender and Law (2006). “Redefining Superwoman: An Essay on Overcoming the Maternal Wall in the Legal Workplace,” was published in volume 13 of the Duke Journal of Gender Law and Policy (2006). professor Chris Rollins authored an amicus brief filed with the Missouri Supreme Court in In the Interest of H.L.L.,

daVId L. sLossassociate Professor of Law

ConsTanCe Z. WaGneRassociate Professor of Law

faculty bookshelfThe Ethics and Regulation of Research with Human Subjects

Co-written by Jesse A Goldner The John D. Valentine Professor of Law

In his most recent book, Professor Jesse Goldner provides a general overview of the history of research with human subjects, the existing regulatory framework and the major entities involved in overseeing research.

doUGLas R. WILLIaMsProfessor of Law

FaCULT y sCHoL aRsHIP

CaRoL a. needHaMProfessor of Law

HenRy M. oRdoWeRProfessor of Law

PeTeR W. saLsICHMcdonnell Professor of Justice

in American Society

JoHn C. o’BRIenProfessor of Law

eRIC J. MILLeRassistant Professor of Law

FaCULT y sCHoL aRsHIP

SC 86788, arguing that the Missouri and U.S. Constitutions require the juvenile court to decide whether service of process on a father outside Missouri was perfected absent an indication of who received the summons or affidavit of service. professor Douglas K. Rush’s article, “Through the Looking Glass: Judicial Deference to Academic Decision Makers — The Conflict in Higher Education Between Fundamental Program Requirements and Reasonable Accommodations Under Section 504 of the Rehabilitation Act and the Americans With Disabilities Act,” will appear in a forthcoming issue of The University of Richmond Journal of Law and the Public Interest. Professor Peter W. Salsich is co-author (with Sandra Johnson, Alan Weinberger and others) of the third edition of Property Law: Cases, Materials and Problems (2006). professor David L. Sloss filed an amicus brief in the Supreme Court on behalf of a group of law professors in the consolidated cases of Bustillo v. Johnson and Sanchez-Llamas v. Oregon, which raise questions about judicial enforcement of the Vienna Convention on Consular Relations in U.S. courts, and in Gray v. United States, for which he filed an amicus brief before the Inter-American Commission on Human Rights that presents claims related to implementation of capital punishment in Missouri. His article, “Judicial Deference to Executive Branch Interpretations of Treaties,” will be published this year by the New York University Annual Survey of American Law, as will “Using International Law to Enhance Democracy,” which will be published by the Virginia Journal of International Law. In 2005 he published, “The Influence of International Law and International Tribunals on Harmonized or Hybrid Systems of Criminal Procedure,” in volume 4 of the Washington University Global Studies Law Review and “Executive Power in Wartime,” in volume 99 of the American Society of International Law Proceedings. professor nicolas p. terry’s article, “Ensuring the Privacy and Confidentiality of Electronic Health Records” (with Leslie P. Francis), has been accepted for publication in the University of Illinois Law Review. His article, “To HIPAA, A Son: Assessing the Technical, Conceptual and Legal Frameworks for Patient Safety Information,” appears in volume 12 of the

Widener Law Review (2006). He wrote the Introduction, “Sports Medicine: Doping, Disabilities & Health Quality,” for the Saint Louis University Law Journal’s health law symposium issue (2006). He wrote the chapter, “What’s Wrong with Health Privacy?” in The Law and Bioethics (2006). His 2005 articles, “The Emergence of National Electronic Health Record Architectures in the United States and Australia: Models, Costs, and Questions” and “Through an E-Health Lens, Darkly: Observations on Law, Industry, and Innovation,” appeared in volume 7 of the Journal of Medical Internet Research e3 and Medicine and Industry in Changing Paradigms in Health Law, Policy and Ethics, respectively. professor Stephen C. thaman published the chapter, “The Accusatorial-Inquisitorial Dichotomy in U.S. Constitutional Jurisprudence,” in Spanish, in Constitucion y sistema acusatorio (2005). His article, “The Impact of September 11 on American Criminal Procedure,” was published in Italian in Cassazione Penale (2006), and his chapter, “Self-Condemnation in Criminal Procedure: The Dialectic Between the Confession and the Guilty Plea,” appeared in French in Le droit penal a l’aube de troisieme millenaire, Melanges en l’honneur du Professeur Jean Pradel (2006). professor Constance Z. Wagner published her paper, “Gender Mainstreaming in International Trade Law: Catalyst for Economic Development and Political Stability,” in Trade as Guarantor of Peace, Liberty and Security? Critical, Historical and Empirical Perspectives (American Society of International Law, Studies in Transnational Legal Policy No. 37). professor Sidney D. watson’s article, “Equity Measures and Systems Reform as Tools for Reducing Racial and Ethnic Disparities in Health Care,” appeared in The Commonwealth Fund (August 2005). professor Douglas R. Williams published Wetlands Law and Policy (2005), and “Trash, Trains, Trucks, Taxes — and Theory,” in volume 49 of the Saint Louis University Law Journal (2005).

Editor’s Note: Professor alan weinberger is co-author (with Sandra Johnson, Peter Salsich and others) of the third edition of Property Law: Cases, Materials and Problems (2006).

26 Saint Louis Brief Spring 2006 Spring 2006 Saint Louis Brief 2�

You represent Minerva Stahl, a successful businesswoman. You have become her friend as well as her lawyer. You are also a good friend to her husband. She and her husband have agreed that she should be implanted with a fertilized ovum. You helped her locate a clinic that will provide and implant the fertilized ovum. Ten days before she is scheduled to have the procedure, she asks you and another friend of hers, a physician, to her home.

Minerva tells you that she has reason to believe she is HIV positive. She expects to take a second test tomorrow to be sure. You both advise her to delay the implantation until she sees the results of the second test. What does her husband advise? She hasn’t told him yet. The physician friend tells her there is a risk (under 25 percent if she takes proper medication) that, during the delivery of the child, the child will be infected with HIV, if not AIDS. The risk reduced with cesarean section. After much discussion, Ms. Stahl says that she will consider the advice, but has not yet decided to call off the procedure. “I want to get another test, then I’ll decide what to do,” she says. The meeting ends.

What do you do? What should you do? If the information about the possible HIV infection is “information relating to the representation” (Rule 1.6(a), A.B.A. Model Rules of Professional Conduct (2004)), you may not reveal it unless Minerva consents or you “reasonably [believe]” that informing the clinic or husband is necessary “to prevent reasonably certain death or substantial bodily harm” (Rules 1.6 (b)(1) and 1.8((b), ibid.). Does the information “relate to the representation?” You would not have been told were you not her lawyer — a person on whose advice she has frequently relied in making important decisions and whose judgment she trusts.

May you tell the husband? You don’t know whether Minerva will tell him. If you ask Minerva about this, she will tell you to mind your own business (assume you asked and got that answer). Telling the husband might protect him from HIV but also ruin the marriage (how did Minerva get the infection?).

What about the possible child? Is telling the fertilization clinic about her possible HIV infection “necessary to prevent reasonably certain death or substantial bodily harm” to a person who might never

be born? On the other hand, AIDS is manageable, and Minerva probably can pay for treatments for herself, her husband and her child into the indefinite future. There has been a report of a drug that, according to tests by the patentee, can actually block the virus, prevent AIDS. If they get infected, there is always drug therapy and maybe, one day, a cure.

If you may tell the clinic or the husband, must you? If you tell either, you will lose a friend (possibly two) and a good client. If you told, and the second test shows she wasn’t infected, she would also bring an action against you for defamation. Given the uncertainty of the child’s birth and the low (under 50 percent) likelihood of the child’s being born with HIV, it is unlikely that any sensible and reasonable person would hold that in the case of the child, death or substantial bodily harm was likely. Surely, you don’t have to be a hero and risk your financial and professional welfare in order to save some stranger from harm! So, what do you do?

Why does the law (and ethics) for lawyers put you in this situation? One would expect that an ethical person would warn the husband, at the very least, despite the cost of such a warning in terms of loss of friendship and a source of income. But that expectation does not take into account the special relationships we have to one another, relationships that require us to prefer one person’s security to that of another’s — roles that have not only social reality, but social utility and that therefore affect the ethics of the role inhabitant. So, unless released from that obligation by the rules that govern your role as lawyer to a client, you must keep your information to yourself.

It is possible that you are released from that obligation of secrecy concerning your client’s infection. The wording of the rule that enjoins confidentiality has exceptions, after all. But how do you interpret the rule’s allowance of an exception to silence? Do you interpret it stingily, thereby retaining your sense of duty to the client? Do you interpret it broadly, thereby loosening the duty of confidentiality (and hence loyalty), thereby making it easier to disclose? And once you find you have discretion to talk, how do you decide whether and to what extent to reveal your client’s secret?

by dennis J. TuchlerProfessor of Law

Professor Dennis Tuchler has been challenging students

for more than 40 years, encouraging them to look

beyond the technicalities of law and engage in some thinking

about the consequences of pursuing a client’s interests.

Since joining the School of Law in 1965, he has taught courses

in commercial transactions, administrative law, federal

courts, municipal corporations, remedies, civil procedure,

legislation and conflict of laws.

The Loyal Keeper of Secrets

fACULTy VieW

In memoRIAm

Kathleen A. “Kitty” Kelley

1949

–20

06

“Paul tells us something about heaven in the first letter of St. Paul to the Corinthians that my brother Jim read earlier. He says there are three essentials for the Christian life: faith, hope and love. Only love survives death. Faith is dissolved in knowledge, all our hopes are fulfilled, and love alone remains. Kitty, then, has been practicing for heaven all her life, for she has lived a life full of love. Kitty loved the good things God has given us: she loved life, knowledge and beauty, particularly the everyday beauty in the colors and patterns of quilts, which she also made and gave away, and the everyday beauty of good writing and good speech, which she taught to her students. Kitty loved words, the building blocks of good writing, and she knew more about words — their meanings, origins and nuances — than anyone I have ever known.

… Kitty loved her family deeply. She gave of herself to them without counting the cost. She had each of her youngest nieces and nephews come visit her in St. Louis; she made quilts for them, took them on shopping sprees and was always ready to listen to reports of their latest doings.

Kitty loved her students. She believed that making them better writers would make them not only better lawyers but also better people. Kitty was a superb classroom teacher. ... She set high standards for her students, and applied them rigorously, but she was always willing to give students the extra help and encouragement needed. Her students loved her, not because she was easy on them, but because they recognized that she wanted passionately for them to do the best they possibly could do. … Kitty loved her friends. She was there with them in good times, when her cheerful spirit and dry humor made the good times even better, and she was there with them in bad times, when she would listen with sympathy, fierce loyalty and practical advice. … She gave of herself to her friends without keeping anything back. At the time of her death, there were only two finished quilts in her house, and I believe they were just there waiting to be given away. I have a picture of Kitty in heaven, bathed in the love of God, hugging her mom, to whom she was devoted, and making heavenly quilts for her family and friends.” — Pat Kelley

“I’ve known Kitty since 1992 when she first came to work at the Federal Courthouse for Judge J. Phil Gilbert. Before I actually met her, however, Tom McNamara told me she was “good folk” and I should be nice to her because I would like her, and how right Tom was.

Whenever she needed some ‘culture’ she’d head to St. Louis for a weekend visit. ‘Culture’ was really her code word for ‘good shopping,’ and we’d do our best to make sure that she soaked in as much ‘culture’ as her wallet could stand.

She moved to St. Louis after three years to clerk for Judge Beatty and although there was plenty of ‘culture,’ we also shared dinners, going to art fairs, and the best visits.

Kitty was a wonderful neighbor, and became an even better friend. She was fiercely loyal as a friend, and would do literally anything for me. She always said that a home-cooked meal was the perfect return for whatever favor she had done for me. And there was no favor she wouldn’t gladly do. Although Kitty was terribly allergic to cats, she was the first to volunteer to feed my cats when I was out of town, or to come up on the evenings I taught to give my diabetic cat a shot of insulin. No matter what the task, she did it with generosity and without expecting anything in return from me.

… Kitty did not do things in half-measures. She had several things she was passionate about: above all, her family; making quilts for others; trying her best to do the “right” thing in every situation; and, being a great friend. I was the lucky beneficiary of Kitty’s good nature, great heart and wonderful friendship. I will miss her terribly, but always think of her with deepest affection.” — Julie Fix

The passing of Professor Kitty

Kelley was an unexpected

one, and her death on the

morning of May 19, 2006,

was met with great shock and

sadness. Her memorial service

at St. Francis Xavier College

Church on May 23 was

filled with family and friends,

as well as staff and faculty

colleagues from the School

of Law. Father Frank Reale

conducted the Mass, and

Kelley’s friends and family

gave tributes in her memory.

Those tributes, from brother

Pat Kelley and long-time friend

Julie Fix, are excerpted here.

2� Saint Louis Brief Spring 2006 Spring 2006 Saint Louis Brief 2�

IThis year I had the pleasure of working with Vence Bonham in one of those rare instances of serendipity that always seems to happen to other people. Mr. Bonham, a senior adviser to the director on Societal Implications of Genomics at the National Human Genome Research Institute (NHGRI), was this year’s Center for Health Law Studies Practitioner-in-Residence.

The objective of the Practitioner-in-Residence program is to provide students a new voice from whom to learn about a cutting-edge, real-world aspect of the legal practice. The Practitioner visits the School for a week and conducts lectures on their area of interest, holds office hours to speak with students and meets with the faculty. In addition, the Practitioner is provided with the assistance of a law student who serves as a research assistant. When Vence Bonham came to visit, I got to be that law student.

I hadn’t intended to take on such a responsibility my final year of law school, not with the multitude of other things on my plate, but, as my husband put it, it was an offer I couldn’t refuse. That is, I was presented with the opportunity to reconnect with the original reason I had come to law school. As an undergraduate genetics major, I came to Saint Louis University with the idea of entering science policy, of understanding how the law affects the work of scientists. During my time at the School, I veered away from this idea, and was instead lured by other aspects of health, which were equally fascinating and somewhat more accessible in the Saint Louis area. But when Professor Greaney approached me with this opportunity it reawakened the original passion that brought me here.

Working on the research challenged me in new ways, both in terms of research skills and thought processes. Mr. Bonham’s principle interest lies in the area of Race and Genomics, particularly how the scientific discoveries coming out of genomics has the potential to affect our concept of race. In an era where the FDA has recently approved

BiDil, the first race-specific heart drug, and just last December one of the genes which contributes to skin color was identified, there is a concern among scientists and sociologists alike that such pursuits may serve to inadvertently reinforce the previously abandoned concept that there are definite biological differences between races. Such concerns become particularly important in the area of Genomics, which involves analyzing large databases of genetic material, often grouped by geographic communities, which can be all too easily over-simplified as race representative.

Added to this mixture of concerns, there are regulations and laws in place to govern federally-funded research, particularly the NIH Revitalization Act, which has requirements regarding the inclusion of minorities in such research. These regulations were originally designed to address the prevalence of the “white male” subject in clinical research and drug trials, a situation where environmental factors such as diet, activity level and health history can play a role, things for which race may be to serve as a kind of proxy. However, in a laboratory setting, where the only concern is the biological (the genetic sequences), race has less of a role, yet genomics may be subject to the same requirements. This was where our research was focused. Any guidance by the NHGRI regarding the use of race in genomic research must take such regulations into account, so I plunged elbow deep into what, exactly, constitutes clinical research and whether genomics would fall into such a definition. This effort forced me to combine my legal training with my previous scientific education and opened my eyes to sociology, an area that had previously been foreign to me.

However, my experience did not stop with scientific papers, sociology articles and legal regulations. To say that Vence Bonham took me on as a research assistant would be an understatement and a disservice. Mr. Bonham has one of those rare personalities

that constantly seeks to help others reach their maximum potential. He would not simply accept a summary of the state of the law — genomics fits here, but not here. He challenged me to think of the solutions given what I knew. We exchanged opinions about the best approaches. In short, he treated me as a partner.

Consistent with his concern that my time with him not be limited to simply identifying and condensing information for his analysis, Vence brought me out to Washington, D.C., so that I could have firsthand experience with scientific policy. While some of these meetings were directly related to our research, not all of them were. Many had simply been arranged so that I could have a chance to find out more about a career that fascinated me. I attended presentations at the Institutes of Medicine, met with other policy advisers at the NHGRI and sat in on meetings of the Race and Genetics working group. Mr. Bonham even went out of his way to arrange for me to speak with the head of the NHGRI, Dr. Francis Collins. For a science geek who went to college during the sequencing of the human genome, meeting the head of the team responsible is the equivalent of meeting a rock star.

Despite three years of burying our head in law books and adversarial court cases, we all know the law does not exist in a vacuum. My time spent working for Vence Bonham reminded me of this. Rules made by courts, legislatures and regulatory agencies are important because of how they affect life outside of a courtroom or law office.

The Center for Health Law Studies’ Practitioner-in-Residence and Distinguished Speaker programs are in recognition of this truth. By bringing in experts from other disciplines or other areas of focus to speak to students, the Center provides every student with the opportunity to see beyond the casebook or the regulation, to learn about a new area of this ever-expanding field and understand health law in a broader context.

by april Haag, ’06editor in Chief,

The Journal of Health Law

Beyond the Casebook: Health Law in a Real-world Context

STUdenT VieW

In July, St. Louis will serve as host to the annual meeting of the American Association of Law Libraries, a stewardship that will mark the Centennial meeting of the Association, which is the primary association representing academic, court, public, law firm, government and all other law libraries. And because the library is arguably the heart and soul of a law school, it seems an appropriate time to look back at the many ways in which libraries have changed throughout the years. While the law school curriculum has remained relatively unchanged, law libraries have moved forward to reflect the changing technologies and realities of the tools of the trade required for the practice of law.

If you were a law student 50 years ago, you were most likely a male, perhaps back from the Korean conflict, and your plan was to earn your college education through the G.I. Bill and then go on to law school. You spent countless hours in the law library, reading the cases in your casebook, and preparing for class so that you could write your notes on a yellow legal pad in class the following day. If you were writing a seminar paper, you probably looked through numerous drawers in a wooden cabinet known as the card catalog. Whatever books you located in the library were the ones you worked with, probably never contemplating that other resources might be available to you at other libraries. During your free time, you were listening to rock n’ roll on the radio or perhaps buying the latest 45 for your phonograph.

If you were here in the 1960s you were probably chatting about the United States beginning to become increasingly involved in a far away location called Vietnam. You once knew about this area as Indochina. Perhaps you attended law school because you were wary of a military draft that might send you off in harm’s way. As a student, you continued to use the same tools your predecessor used ten years earlier. During your lunch breaks, you talked about the Beatles and the Stones, and chuckled about the hairstyles on the photos of graduates who preceded you.

During the 1970s, while listening to disco music and wearing your bell bottoms or leisure suit, you still saw the same card catalog in the library, still used a legal pad, formed study groups and found a space in the library to study and prepare for class.

In the 1980s, when you came back as a practitioner, you noticed that some things were beginning to change. You heard

about databases called Lexis and Westlaw that allowed students to access cases on a computer rather than through books. You learned that by creating actual searches on the computer using algebraic logic, you were able to locate cases on point. Not only were they on point, but information could also be searched across a wide scope of jurisdictions without having to go from one set of books to another.

By the 1990s when you returned again, you asked where the card catalog was, only to be told it was online. You could now create searches for books rather than plowing through subjects, or browsing the shelf hoping to find that hidden treasure. You learned that research libraries collected not just books, but held cabinets

upon cabinets of microfilm so future generations would be able to research materials that previously were too voluminous for your library to hold.

Today, you come into the law library and are amazed by what you see. The online catalog is not just an electronic version of the card catalog you used 25 years ago, but also provides a gateway to numerous databases through something called the Internet. This allows you to search other libraries worldwide for their holdings and you learn that faculty and students can directly request materials from other libraries. A few days later, the book is held for them at the circulation desk. You also notice that a wand, like the one you see in the supermarket, is all that

is needed to check the book out to the patron. You recall smudging your hand many times on the due date that was stamped in the back of the books you checked out.

You also notice that most students are no longer using pen and paper to record information, but instead, small computers. Many of these computers are not plugged in. You ask a staff member and they explain that both the library and law school are wireless, which means that students can now go to the Atrium to eat lunch, sip some coffee and do work at the same time.

So, when close to 2,000 law librarians flock to St. Louis this summer, remember that while many aspects of legal education are the same, libraries, the laboratories of law school, are not the same animal they were. The use of technology has transformed the way people learn, and as learning styles continue to evolve, so too will libraries. As a key part of the educational mission, they will move forward, always keeping in mind their goal of supporting research and curricular needs.

by Mark P. BernsteinAssistant professor, Director of the Omer Poos Law Library

Mark Bernstein believes a good library reflects the goals and mission of the school to which it is connected, and spends as much time anticipating the future needs of its researchers just as much as the present needs. He teaches Advanced Legal Research and is a member of the American Association of Law Libraries and the Mid-America Association of Law Libraries.

“You learned that by creating actual searches on the computer using

algebraic logic, you were able to locate cases on point.”

the evolution of the law library

�0 Saint Louis Brief Spring 2006 Spring 2006 Saint Louis Brief ��

Aaron L. Pawlitz, ’02

I would like to take a moment of your time to explain the safety features of this aircraft. The primary emergency exits are the four over-wing exits located here…and here…

How often in your air travels have you tuned out the flight attendant’s voice broadcasting the words of the standard pre-flight instructions? I travel by airplane only a few times each year, and I rarely listen attentively to those instructions. I imagine people who have been traveling by airplane regularly throughout their careers gave up listening to these pre-flight instructions long ago.

Do you pay attention to those instructions each time you fly? Did you listen closely on your first plane trip? How about the first time you flew after September 11, 2001? Does your willingness to listen closely to those instructions depend upon the conversation you are having with the passenger sitting beside you? Have you ever been distracted from listening because you are attempting to accomplish last-minute tasks before the pilot asks you to shut down your mobile phone, BlackBerry or other electronic device?

The flight attendant responsible for giving the pre-flight instructions does not get to exercise discretion in that function. Whether each passenger on that flight is flying for the first time or for the four thousandth time, those pre-flight instructions will sound from speakers throughout the cabin. I suspect even those passengers who fly often and routinely ignore the pre-flight instructions take comfort in knowing that the flight attendant is giving those instructions to the other passengers nonetheless.

Lawyers in private practice have much in common with the pilots, flight attendants and ground crewmen who make air travel happen. In fact, air travel itself is

not dissimilar from the American delivery of legal services. Both can be expensive, both have the potential to be highly effective and mistakes in either situation can have disastrous results. Our clients, like passengers making the various preparations necessary for air travel and moving from taxi to security checkpoint to terminal, may have expended significant energy just to get to us. Once they reach us to discuss their matters and the proposed engagement, we should strive to assure them that the responsibility for the resolution of those matters now falls primarily to us.

To fasten your seatbelt, insert the flat, metal end into the buckle…

Some people will travel by airplane only once or twice in their lives, and then only under circumstances that are unique (winning a sweepstakes trip to Honolulu) or an emergency (attending a family funeral). For these passengers, the entire process of traveling by air can be scary, novel and clouded with uncertainty. Just like veteran air travelers, these inexperienced passengers research the available flights, seek the most competitive rates and judge which features of a flight are most attractive. A difference for inexperienced passengers is that they have no reservoir of personal experience upon which to base the many decisions they are asked to make when undertaking air travel: Non-stop or lay-over? Refundable or non-refundable? Aisle or window seat? Short-term or long-term parking? Check baggage or carry-on? These passengers must rely upon advice from friends and family and potentially confusing instructions from the airlines themselves. With all the decisions to make and the possibility that one little mistake might derail the entire venture, even after a smooth flight, a first-time passenger may decide that traveling by airplane is just not worth the anxiety.

Many of us have had, or will have,

clients who behave like the first-time air traveler. These clients may never have engaged a lawyer before, and the matter for which they are seeking counsel may be one they believe is a once-in-a-lifetime situation (such as selling the family business). For them, the process of engaging a lawyer may be confusing, expensive and uncertain, and they may believe that, despite the fact that they are engaging a legal professional, the whole process might fail and result in a crash landing. Our first telephone calls or meetings with these clients often include one or more of the following questions:• Do I pay you now or when we’re

finished?”• “I wasn’t sure what documents I

should bring with me, so here’s a stack of papers I thought you could look through.”

• “How does this work — do I come into your office and meet with you or do you come to my house and meet with me?”

• “What is a retainer?”• “So what you’re telling me is that I

should have come to you sooner if I wanted to close this deal tomorrow?”

Many attorneys have worked for clients for whom, on the other hand, the delivery and consumption of legal services is a routine activity. The matters these clients bring to us may be sophisticated and unique or may be simple and identical to something we handled for them two months ago. These clients know about retainers, are not scared away by Defined Terms and are on a first-name basis with our receptionist. They may be able to identify “legal issues” versus “business risks” without much guidance, and they should understand the importance of including counsel at the earliest stages of a transaction (although even these veteran clients have asked, “So what you’re telling me is that I

In Support of Some Pre-Flight Instruction

ALUmniVieW

ALUmni VieW

should have come to you sooner if I wanted to close this deal tomorrow?”).

Although each client is unique, and attorneys should tailor the nature of their representation to the individual needs and preferences of each client, there are certain fundamental hoops that must be jumped through for each client on each matter. This is true whether the client is someone who never has contacted an attorney before and now is seeking assistance with some estate planning or is a sophisticated businesswoman who counts many lawyers among her personal friends and who now desires her attorney to draft “the definitive agreement” for a fast-moving deal she has been negotiating recently. At the time each of these clients first discusses these matters with their counsel, they should be advised of certain realities of the delivery of legal services, such as:• The fact that their attorney will need to

confirm he has no conflict in representing them before he can undertake the representation.

• The manner in which and the amount they will pay the attorney for his services.

• The manner in which the client may terminate the engagement.

• The realistic (read: not sugar-coated) possible outcomes of the efforts the attorney will undertake on their behalf.

Attorneys, like flight attendants, should deliver the same pre-flight message to each audience no matter if that audience is made up of first-time air travelers or the local chapter of the Frequent Flier Kings. Each audience deserves to know about the services being offered, the safest way to proceed and the location of the nearest emergency exit. Each client should be offered that message, even if he is unlikely to listen. Routinely delivering that message eases anxiety, diminishes confusion and builds predictability into that part of our client’s life or business that we then have the ability to affect.

In the event you are traveling with children or others requiring care and the cabin loses air pressure, pull the oxygen mask toward you to start the oxygen flow, put your mask on as quickly as possible, and help children and others with their masks only after yours is secure…

I know it is unlikely that attorneys will broadcast a standard pre-flight announcement each time they undertake a new matter, but

I would like to suggest at least three ways in which lawyers can benefit from modeling the behaviors of the pilots and flight attendants who handle air travel:

Give your clients the warnings they deserve to hear. Each flight attendant’s pre-flight instruction includes a description of what might happen if the cabin pressure drops or the plane suddenly loses altitude. Although no one enjoys hearing about these possibilities, because the potential for disaster is great and following some simple instructions may avert that disaster, air travelers deserve to hear these instructions. The delivery of legal services is no different. No matter the sophistication of your client and the level of comprehensiveness with which you undertake their representation, a mis-step by them at any stage may confound their goals and your efforts. Direct them not to talk alone with opposing counsel. Advise them about the risks of offering securities to potential investors. Identify for them those points in the process where you cannot predict what the outcome will be.

Keep your clients advised about what you are doing. Pilots routinely advise their passengers throughout a flight of matters of varying degrees of importance. The altitude and air speed at which the plane is traveling?—inconsequential. The temperature on the ground upon arrival in San Diego?—crucial. Although some of the pilot’s announcements may make no immediate difference to the passengers’ air travel experience, all passengers take comfort in knowing that the pilot and his crew are paying attention to matters in the cockpit and throughout the cabin.

Our clients deserve to know what we are up to. Copy them to e-mails. Routinely send them updates. Promptly return their calls. The ABA Model Rules of Professional Conduct require no less. Although you likely need not advise them each time you copy a document for them or make a telephone call on their behalf, advising them of both critical, time-sensitive matters and more routine matters will assure them that their matters are being diligently addressed.

Advise your clients of your expectations. The pre-flight instructions given by a flight attendant are not meant merely to provide suggestions to passengers

for “best practices” during an emergency. Those instructions are affirmative directions to passengers. Moreover, certain passengers receive even more detailed instruction due to the location of their seats, such as those passengers sitting near the emergency exit doors. These passengers typically are approached by flight attendants prior to take off, are directed regarding their responsibilities and are asked whether they can undertake them.

For the flight attendant, talking with emergency exit row passengers about their responsibilities may be uncomfortable, but is necessary. Lawyers often need to undertake similar conversations with their clients. Like it or not, discussing potentially uncomfortable situations is part of the job description. Our work can be greatly enhanced or severely impeded by the actions or omissions of our clients, so it is critical to advise clients of what we expect of them from the beginning of the engagement. A representation that acknowledges a division of labor between client and lawyer also bears witness to the relative position of client as principal and lawyer as agent.

All attorney-client relationships are not identical, but each of them deserves to be founded upon certain fundamental principles. Among these I rank maintaining confidences, problem solving and communication as three of the highest. Our pre-flight instructions to our clients, whether first time or veteran, are an opportunity to demonstrate to them our commitment to these principles. If the service we provide them throughout the representation adheres to those principles, we can give that client a “first-class” experience, remove any anxiety and confusion they may experience during the representation and strengthen the argument that the delivery of legal services can be a powerful, effective vehicle for transporting our clients from their points of departure to their intended destinations.

Aaron Pawlitz graduated from Saint Louis University School of Law in 2002, where he served as editor in chief of the Saint Louis University Law Journal. He is an attorney in the St. Louis offices of Lewis, Rice & Fingersh, L.C., and practices in various transactional areas, including banking, corporate law, mergers & acquisitions, municipal law and finance, real estate, and securities.

�2 Saint Louis Brief Spring 2006 Spring 2006 Saint Louis Brief ��

In May of 2005 my prospects for a summer internship were slim to none. Out of pride, I like to attribute this to the fact that I was enrolled in a three-week summer course to take place in Brussels, Belgium, during the month of July. The number of potential employers who knew this fact, however, was zero.

The month of June brought with it some good luck. I had previously applied for (and been denied) a job with ABA/CEELI in Tajikistan. The consolation prize from this application was that my resumé would be

forwarded to other ABA/CEELI offices that may be willing to take on an intern, although no position was officially posted. During the first week of June the first flakes of what was to be an avalanche of luck cooled my temper. I received an e-mail from the ABA/CEELI Regional Anti-Corruption Advisor (RACA) in the Ukraine, notifying me of their need for an English-speaking legal editor, with the possibility of conducting legal research. I immediately responded with interest, but explained that I would have difficulty finding an apartment, and that I had to spend three

weeks in Belgium. After some discussion, it was decided that I would take an employee’s apartment, free of charge, while they were out of the country, and that I would be allowed to take my three weeks in Belgium. Three weeks, two plane rides and one foreign alphabet later, I landed at Kyiv-Borispyl airport in the Ukraine.

I had one week to become adjusted to the new city and new job until I would be whisked back to Brussels for a EU seminar. I learned as much as I could about the Ukraine and the legal aspects of the topic

of corruption before arriving. During my first week I learned that the RACA, a team of three Ukrainian lawyers led by a retired assistant DA from Brooklyn, would be implementing a project on anti-corruption institutions within Europe.

Thanks to the research and analysis skills I learned in my first year and a half at the School of Law, I was able to speak substantively about corruption with my new colleagues. During that introductory week, the budget of the project doubled, and the scope was widened to be a review of entire law enforcement systems, with the purpose of aiding the Ukrainian government in the construction of a National Bureau of Investigation. We were to review the law enforcement system of Ukraine as it currently existed, and provide two comparative reference reports on the law enforcement systems of Post-Soviet influenced countries that had recently achieved European Integration. Pleased with my interest in and initial research on the topic, I was awarded a parting gift: I would return from Brussels as a “Legal Research and Analysis Fellow,” to oversee the development of the two comparative reference reports.

After returning from Brussels, the initial onslaught of work was exciting, if not overwhelming. We were to meet bi-weekly with the Constitutionally created National Security and Defense Council of Ukraine to discuss our project, specifically to select the two countries which were to be the object of the comparative reference reports. Of all the thoughts and wonders, questions and reservations, profound legal and political implications of our project-to-be that were inundating my brain, it was perhaps the lightest thought that continually floated to the surface of my mind: I needed to buy a suit.

My Public Interest Law Group (PILG) grant from Saint Louis University had done so much for me already, providing me with funding for airfare to Kyiv, multiple-entry visa expenses and living expenses. Luckily, I was able to stretch it out just a bit more to make myself presentable to the Ukrainian government.

The first meeting was full of smiles and brightly colored neckties. I was briefly introduced, and we set down to work with

the multi-party, reformist but factioned government that held power after the Orange Revolution of December 2004. After the dust had settled, my colleagues and I were to briefly research a handful of candidate countries from which we would select the two subjects of comparative reference. It was also agreed that we would partner with OECD, who would draft a more narrow report covering different anti-corruption bureaus and institutions, and that we would draft an introductory section on international law enforcement standards.

Our efforts were focused on identification of experts from within the institutions of law enforcement of Ukraine who could describe the current system and identify areas needing improvement. In practical terms, we were recruiting practitioners to author reports that were critical of their respective institutions — not an easy task, nor one to be taken lightly. It seemed so sudden that I had found myself, for the first time, in a black suit in a black sedan, speeding through the cobblestone streets of the #2 city of the old Soviet Union, rushing to meet with representatives of the powerful State Security Service (SBU) and thinking to myself, “I’ve seen this movie.”

Not only were we able to recruit practitioners from within the Ukrainian system, but also those from Lithuania and Hungary in order to prepare the comparative Post-Soviet influence reform papers. Charged with responsibility for the comparative papers, it was my duty to perform initial research on the law enforcement systems of Hungary and Lithuania, the structure of these institutions and the ministries under which they fell and the relevant laws and regulations governing the institutions. I was also to recruit the practitioners from within the system, through which I was able to refine my negotiation and contract drafting skills.

As the reports were being prepared, we held bi-weekly meetings with the National Security and Defense Council (NSDC) of Ukraine to present periodic updates of our progress. Near completion of the Lithuanian comparative report, one of our contracted practitioners was brought to

Kyiv for a roundtable discussion of the report. As truly rewarding as it was to be able to participate in these discussions, the real treat came weeks later, when our Regional Anticorruption Office (two Ukrainian attorneys and myself ) led a delegation of Ukrainian government representatives from the various law enforcement institutions and ministries within Ukraine. We spent a full week in Vilnius, Lithuania, touring their law enforcement institutions (police, prosecutor general’s office, border guard service), the Ministry of Interior and the Seimas (Lithuanian parliament).

At the time of my return to Saint Louis University in January 2006, the NSDC was considering the reports commissioned by ABA/CEELI through RACA in the formation of its draft concept of law enforcement reform. Due to its early successes, the law enforcement reform project has received additional funding as of late, is presently continuing its efforts in Ukraine and will soon be equipped to receive input from civil society through a Web page, whose construction is currently in progress.

Overall, my time spent in Kyiv provided me with a better perspective of international law and foreign affairs, its influence on the reformation process and the reformation process itself. It’s a perspective I’ll no doubt put to good use while finishing up my law school career, building upon what I already know and taking more back with me in the near future, when I return to practice in the field of international law.

Abroad Reach: Learning the Law (and the Language) in the Ukraine

John Steffy’s experience was m

ade possible through the summ

er stipends for public interest provided by proceeds raised at the PILG

Auction, the A

nnual Fund and by the Irvin and M

aggie Dagen Fellow

ship Fund (see story, page 4). Photo: Steffy in front of St. M

ichael’s Golden-D

omed C

athedral in Kyiv, Ukraine.

By Jo

Hn

STe

FFy,

2L

I photo by Jay Fram

�� Saint Louis Brief Spring 2006 Spring 2006 Saint Louis Brief �5

He became active in the Young Lawyers Section of the Missouri Bar in 1982, and remained there for ten years before becoming chair of that section. When career pressures began to mount, he stepped down from his post for a bit, only to find that he missed not being involved.

“Being involved in the Bar provided me with an opportunity to meet good people all across the state,” Copeland says. “I wanted to maintain that connection,

so I ran for the Board of Governors of the Missouri Bar, and was elected in 1996.”

In the fall of 2003, Copeland was elected vice-president of The Missouri Bar and today serves as president.

Because presidential candidates serve as vice president for one year and president elect for one year, Copeland says they have two years to “get in the swing of things” by traveling around the country to understand what’s going on in other states and preparing themselves for the rigors of the job.

“You know you’re going to be president,” he says, “but you don’t necessarily know what the issues will be.

Many times, something comes up you don’t expect and you have to be able to deal with that.”

Sure enough, early into his term, Copeland was tested. When he took office, it happened to be a time when the Public Defender system for the state of Missouri was in crisis. There was no real communication of this fact until things became critical and Copeland’s task was identifying the problem and finding ways to remedy it.

“We did two things,” he says. “We provided immediate help in the way of volunteers who took pro bono work to try to give some relief on caseloads. There were several hundred attorneys across the state that helped out. It was just a temporary solution, however. For the long term, I created a task force that I chair, and tried to appoint everybody who needed to be at the table — representatives from the Public Defender system, prosecutors, representatives from the attorney general’s office, judges, legislators and private defense counsel. Basically, if we could get all these people to agree there’s a problem and understand what that problem is and offer suggestions,

we would have the ability to take that issue where it needed to go to fix it.”

Copeland hopes his efforts will work, and continues to work toward finding solutions for Missouri attorneys, lending a hand where needed.

“With almost all the issues I’ve been confronted with, everything comes back to education,” he says. “It’s getting that understanding out there, that’s the real job. And almost everything I do in this capacity allows me to feel like I’m having an impact. That’s usually what drives people to do Bar work anyway — to better your profession, so you feel like you’re making a difference.”

It’s all about knowing what you signed up for. And Doug Copeland remembers, clear as day, exactly what that was. He signed up for the opportunity to make people’s lives better — something for which he’ll continue to work, long after his days as Missouri Bar president are over. Until that time, however, he’s still busy, savoring every challenge.

“It’s an honor to do what I do,” Copeland says. “I definitely feel privileged.”

n n n n

Serves as general counsel to Missouri Baptist University, Missouri Baptist Children’s Home, St. Louis Metro Baptist Association, Webster Groves School District, Valley Park School District, Midwest Theological Seminary, The Miriam Foundation and School and Laumeier Sculpture Park. Serves as local counsel for the eastern half of Missouri for the American Society of Composers, Authors & Publishers (“ASCAP”), an international performing rights society.

areas of Practice Estate Planning, Probate and Trust, Commercial Real Estate Transactions, Business and Corporate Law, Copyright Infringement Litigation and Educational Representation

With almost all the issues I’ve been confronted with, everything comes back to education.

“

”

aLUMnI PRoFILe

If you want to find Doug Copeland, he’s probably on the road somewhere, traveling, often hundreds of miles, to meet with legislators, attend a dinner or give a speech. Or, he might be on a plane, on his way to a conference, in his Clayton, Missouri, office, going over legal documents with a client, or meeting with the superintendent of a local school district. Wherever you find him, count yourself lucky. He’s not a man who stays in one place for any length of time. As President of both the Missouri Bar and his firm, Copeland, Thompson & Farris, Copeland has countless responsibilities he must address every day, sometimes long into the night, often with no break in-between. But this is something he shrugs off with a smile. After all, he knew what he signed up for, and he’s glad he did.

He’s glad because he has increased opportunities to stand at a forum, addressing issues of importance to lawyers, judges and, ultimately, communities. He’s glad because he’s been a devoted member of the legal profession most of his life, and takes seriously the opportunity to help his cohorts leap over any hurdles that may come their way. He is a messenger of sorts, who every day is provided with another chance to make a difference for others — a task that is, for Copeland, far from impossible. Though, like anything worth fighting for, not without challenge.

“Balancing is hard,” he admits. “I’m practicing law full time and sometimes, working full time on Bar issues. Obviously, what I do for the Bar has an effect on my practice. Thankfully, though, my partners are supportive, and have really helped pick up some of the slack. I’ve had to cut back on my community work, which is unfortunate, but I knew changes would have to be made in order to make it all work.”

Luckily, Copeland is surrounded by many supportive people, including a family who understands that dad has important work to do, for their sake and for the sake of others. Perhaps they’ve observed, as Copeland did at their age, that although it’s possible to affect change, it takes time — a fact Copeland learned by watching his own father practice law.

Eventually, Copeland would end up practicing law beside him, spending the early years of his career in the firm owned by both his father and uncle, helping them represent school districts, international performing rights societies and hospitals. Though he left the family firm in 1986 at the urging of three of his fellow School of Law graduates wanting to open their own firm, he still maintains many of the same clients today.

“My uncle represented the Webster Groves School District for 20 years and I’ve been doing it now for nearly 20 years,” says Copeland. “It’s a lot of fun because I went there from kindergarten through high school and know the community so well. I really feel like I’m giving something back.”

Other ways Copeland has chosen to give back have been through his extensive involvement with the Bar Associations in his city and state — a commitment that began nearly 30 years ago.

“My father was very active in local and state Bar activities,” he remembers, “and I started by becoming active with the St. Louis County Bar Association. Every year they had a picnic, and one of the attorneys in my father’s firm was in charge of organizing it, so I became involved in helping out, then was eventually in charge of the picnic, then became an officer of the county Bar, then president of the county Bar … it just went on from there.”

douglas Copeland, ’80President,

The missouri Bar

A Man with a Mission

ALUmni PRoFILe

�6 Saint Louis Brief Spring 2006 Spring 2006 Saint Louis Brief ��

Judge Dorothy A. Robinson, ’67 has been a trial

judge for 33 years. She began the practice of law

in December 1967 in Marietta, Georgia, and

was the first woman to serve as judge of a court of record in the history of the State of Georgia when appointed in 1972 to the State Court of Cobb County. In 1980, she was the first woman to be elected as a Superior Court Judge in the Cobb Judicial Circuit, and in 1985, she was the first woman in the 140-year history of the Supreme Court of Georgia to be invited to sit as a Justice Pro Hac Vice in that Court. After attending the School of Law’s alumni reception in Atlanta, Judge Robinson took a few moments to talk with Saint Louis Brief about overcoming obstacles, achieving success and the importance of leaving your work behind at the end of every day.

What advice do you have for those entering the legal profession or who are already in it, regarding overcoming obstacles?All I have to say is — just be yourself. You know what your knowledge is and you know what your capabilities are. Just go out and do it. Nowadays I think there are more opportunities for women. We’re much more accepted — not 100 percent — but I think people have gotten accustomed to seeing women in all sorts of leadership positions.

Have you had to overcome any obstacles in your path to becoming a judge? Not really. There will always be people who do not like women in positions of authority, but I consider that to be their problem. I couldn’t have a more supportive husband — which has been extremely helpful, particularly since we both have our own careers as judges. [Husband Hugh is a former U.S. Bankruptcy Judge for the Northern District of Georgia].

Did you always know you wanted to be a lawyer and a judge? What brought you to this profession? Deciding to go to law school was mostly the result of a Dominican nun who was my teacher in high school. I took some business law courses in high school, and had to take the New York law regents exams, a statewide exam you take in order to move from one grade to another, and was fortunate to get perfect scores the two times I took it. I remember the nun saying to me one day, “You ought to become a lawyer,” and I thought, “Well, okay.” In high school you don’t know what you want to do, and then someone comes around and plants the thought in your head, and it sticks with you.

Becoming a judge was quite a bit different, and really, something of a Cinderella story. When I was practicing law,

I got a call one day from the governor’s office (at the time, Jimmy Carter was the governor). His legal aide wanted to know if I was interested in speaking to Governor Carter about a judgeship. I thought it was a joke at first. There had not been a woman judge in Georgia up until that point, and I think that Carter was interested in putting a woman on the bench, which of course he’s done a good bit of, especially afterwards as president. When I went to talk with him, he said, “You’re the one I want for the job. If you want it, it’s yours.” I thought about it for 30 seconds and said, “I’ll take it.” When I called my mom that evening and told her the governor had appointed a new judge, she said, “Tell Hugh (my husband) congratulations, and I said, “No mom, it’s me,” and she said, “A woman?” When I think back, it was so unusual the way it all happened. He said he’d been wanting to appoint a woman and at that time, there were not many women who were actually going into court and trying cases and I was, and I think that was one of the determining factors.

How have things changed for women in the judiciary since your first appointment?We have many women judges in Georgia now. There are two on the Supreme Court, several on the Court of Appeals, four women judges right here on this court, and a like number on our state court, which is the misdemeanor court, and quite a number of judges all around the state on trial courts. I’ve seen many women judges come and go while I’ve been on the bench.

How has the law changed since you’ve graduated law school? How do you see the law changing in the next ten years? There’s so much acrimony. I see the courts becoming more and more overburdened with litigation. People fight over everything these days, and it really makes you wonder how we ever expect to have peace in the world when there’s so much fighting going on in people’s families. I don’t see that getting any better. I think we’ve become such a selfish society. I think it’s tragic because very often, people’s whole lives are consumed by litigating. They’re causing the angst that they end up suffering.

Does seeing this sort of thing affect your own life? Of course I think it’s terribly sad. But fortunately, when I leave at the end of the day, I go hiking on Kennesaw Mountain, and don’t think about it until the next day.

Judge dorothy a. Robinson, ’67superior Court Judge, Cobb County, Georgia

ALUmni q&A

Q&Aalumni

snapshots

aLUMnI snaPsHoTs

Atlanta

Over the past six

months, School of

Law alumni have

gathered in several

cities across the

United States. The

School of Law

will be hosting

upcoming events

in Chicago and

St. Louis. For more

information on

alumni events go to

law.slu.edu/events.

Kansas City

2.23

.06

4.5.

06

photos by Matteblack

photos by Danielle Caruso

photo by Matteblack

�� Saint Louis Brief Spring 2006 Spring 2006 Saint Louis Brief ��

1964Jerry Garvey is retired as executive vice president of Simon Property Group in Indianapolis, but remains a consultant to the company.

1967John Davis retired from the bench, and is now affiliated with the firm of Moore, Sussler, McNutt and Wrigley in Decatur, Illinois.

1971paul A. Kirk recently retired from the Commerce Trust Company in Springfield, Missouri, after over 33 years in the trust banking field in Missouri and Kansas.

James W. mcmanus was recently named “Best of the Bar–2005” in trials and appeals by the Kansas City Business Journal. He was also named a fellow of the American Bar Foundation.

1973matt maloney, a member of the Princeton, Illinois, firm, Pierson, Maloney and Rayfield, has been appointed as chairman of the General Practice, Solo and Small Firm Section Council of the Illinois State Bar Association for the 2006–2007 year. He is also a member of the ISBA Criminal Justice Section Council and Standing Committee on Legislation.

1974James A. Coles, partner at Bose McKinney & Evans LLP in Indianapolis, has been

blast from the past

Have a photo you want to share?Send us photos of your time at law school and it might be in the next issue of Saint Louis Brief.

E-mail brief@law.slu.edu or mail to: Saint Louis Brief3700 Lindell Blvd, QDH 320St. Louis, MO 63108Photos will be returned in a timely manner.

CLASS noTeS

1988 ~ Omer Poos Library

named co-chair of the ALFA International Intellectual Property and Technology Practice Group Committee. G. Keith phoenix of Sandberg, Phoenix & von Gontard, P.C. in St. Louis, has been named to the 2005 Missouri & Kansas Super Lawyers.

1975John J. Gazzoli Jr., a former partner and 30-year member of Lewis, Rice & Fingersh, L.C., has joined the Quincy, Illinois, law firm of Schmiedeskamp, Robertson, Neu & Mitchell as a partner and will head its first-ever St. Louis office.

Douglas Hofmann, a member in the Seattle office of Williams, Kastner & Gibbs PLLC, has become a fellow of the American College of Trial Lawyers.

Jules miller is the general counsel for Hall & Foreman, Inc., a civil engineering, land planning, surveying and landscape architecture firm in Irvine, California.

1978Donald R. mcGarrah, a partner and product liability, medical malpractice and commercial litigation attorney at the law firm of Salvi, Schostok, & Pritchard, was recently named to the Chicago Board of Prevent Child Abuse America.

1979 Stephen D. Aarons serves as a visiting professor of law at the U.S. Army Judge Advocate General’s School at the University of Virginia Law School in Charlottesville, Virginia.

1980

Neil flynn has written the book, Baseball’s Reserve System: The Case and Trial of Curt Flood v. Major League Baseball.

1981Bruce e. Friedman, a principal with the Clayton law firm of Paule, Camazine, & Blumenthal, P.C. has been listed in The Best Lawyers in America and has been named to the 2005 Missouri and Kansas Super Lawyers.

Janette m. Lohman, an assistant adjunct professor at Saint Louis University School of Law and a partner at Thompson Coburn, LLP was awarded a Saint Louis University Student Government Association Faculty Excellence Award for 2006.

Erv Switzer is principal at the law firm, Carmody MacDonald P.C. in St. Louis.

1983Francis X. Buckley Jr., a St. Louis partner in Thompson Coburn LLP’s Business Bankruptcy, Restructuring and Creditor’s Rights practice group, was elected a fellow of the American College of Bankruptcy.

1984Glenn A. Ricketti is a partner with the regional insurance defense firm of Margolis Edelstein in Philadelphia.

1987michael e. Bub of Sandberg, Phoenix & von Gontard, P.C. in St. Louis, has been named to the 2005 Missouri & Kansas Super Lawyers.

matthew W. Geekie has been named general counsel at XTRA Lease in St. Louis.

francie McDonald practices in Denver, where she has her own firm, and acts as general counsel to non-profits and specializes in management-side employment law. As a volunteer, she is a member of the Stapleton Development Corporation Board that directs the redevelopment of the Stapleton Airport area, which was abandoned in 1995 with the opening of the Denver International Airport.

tony parascandola, a solo practitioner, has received the Elise S. Kline Trial Lawyer of the Year Award.

1988mary (Hammer) Reichard is working on elections and political campaigns in the Chicago area.

Stephen m. Strum of Sandberg, Phoenix & von Gontard, P.C. in St. Louis, has been named to the 2005 Missouri & Kansas Super Lawyers.

1989Kathee Rebernak (Brewer) retired from the practice of law in 1995 and is the founder and chief executive of Framework:CR, a consultancy specializing in financial and corporate responsibility communication located in Connecticut.

1990Kathryn Dyer will be serving as a deputy for the Diocese of Missouri at the 2006 General Convention of the Episcopal Church in Columbus, Ohio, during the summer of 2006.

Jim milles, associate dean and director of the law library at the University of Buffalo Law School/The State University of New York, has started the weekly podcast, “Check This Out!” on law, libraries and more at cto.libsyn.com

Terri Praszkier had joined Herman Praszkier, ’92, in his plaintiff ’s personal injury law practice located in Clayton, Missouri, as a law practice manager.

1991timothy J. prosser, a senior consultant for Planned Giving & Endowment Services for TIAA-CREF Trust Company, FSB, was recently elected president-elect of the St. Louis Planned Giving Council.

1992martin L. Daesch is now a shareholder at the firm, Sandberg, Phoenix, & von Gontard, P.C. in St. Louis, where he practices in the business and business litigation practice groups.

herman Praszkier has relocated his growing plaintiff ’s personal injury law practice from downtown to Clayton, Missouri.

CL ASS noTeS

�0 Saint Louis Brief Spring 2006 Spring 2006 Saint Louis Brief ��

1993Joan m. Lockwood has been named principal in the St. Louis firm of Gray, Ritter & Graham, P.C.

David Shanks received his LL.M. degree from Vermont Law School in May.

1995Brain C. Behrens has been elected partner to the St. Louis office of Sonnenschein Nath & Rosenthal LLP. His practice concentrates on corporate business law, mergers and acquisitions, technology, growth and venture companies and corporate finance.

Julia pusateri Lasater has been working in child support enforcement with the St. Louis County Prosecuting Attorney’s Office and currently serves on the Missouri Bar’s Young Lawyer’s Section Council as a representative for District 8.

Jennifer e. Spreng will be starting as an assistant professor of law at Phoenix International School of Law in Phoenix, and is working on a book about the 2005 Van Cliburn International Piano Competition.

1996Suzette Carlisle was appointed an administrative law judge for the Department of Labor and Industrial Relations, Missouri Division of Workers’ Compensation, in St. Louis.

amy Collignon Gunn was awarded the John C. Shepherd Professional Award by the Bar Association of Metropolitan St. Louis.

Kevin Gunn heads up a governmental affairs practice in the St. Louis office of Blackwell Sanders Peper Martin and has a seat on the Webster Groves City Council.

Connie “La Joyce” Johnson has been named to the National Steering Committee of the Network of Progressive Young Elected Officials as well as represents part of St. Louis City (District 61) in the Missouri House of Representatives. She is also the committeewoman for the 27th Ward in the city of St. Louis and will fill the unexpired term of vice-president of the Missouri Legislative Black Caucus.

paul K. moore was appointed general counsel for the Office of Legal Services, Kentucky Transportation Cabinet, in Lexington, Kentucky.

1997Laure Bachich Ergin was promoted to associate general counsel and managing attorney and named chief compliance officer for Drexel University in Philadelphia.

Jim Guest has joined the Legal Services of Eastern Missouri as the new director of the volunteer lawyers program in St. Louis.

mark e. Stallion has been elected partner at Blackwell Sanders Peper Martin LLP in St. Louis.

Bart D. Wall was promoted to partner at Bryan Cave LLP in St. Louis, and practices in the area of banking and business finance.

1998thomas C. Clark II is an associate judge in the 22nd Judicial Circuit in St. Louis.

patrick J. murphy has joined the St. Louis law firm, Danna McKitrick P.C. and works on mergers, acquisitions, real estate transactions and personal estate and trust planning.

2001ellen L. Harmon is working as risk manager/corporate compliance officer of Lutheran Senior Services in St. Louis.

Charles McCloskey saw three patents issue and two trademarks register upon applications filed by his firm, Charles C. McCloskey, LLC.

Scott B. Shanker has joined the Memphis, Tennessee, office of Bass, Berry, & Sims PLC as an associate in the firm’s Healthcare Practice Area.

Kelly Struhs has joined the Portland, Oregon, firm, Stoll Stoll Berne Lokting & Shlachter P.C. as an associate. She is also a member of the board of directors and executive committee of the Portland Metro Council of Camp Fire USA in Oregon.

2002todd A. Lubben is an associate at Brown & James, P.C. where he practices construction and commercial litigation.

Cicely I. miederhoff is an associate at Stinson Morrison Hecker LLP where she practices business litigation.

Aaron L. pawlitz, an associate of Lewis, Rice, & Fingersh, L.C. in St. Louis, was recently appointed to his firm’s

Recruiting Committee. He also serves on the Bar Association of metropolitan St. Louis’ St. Louis Law & Life Task Force.

2003Beverly A. Creaghan has joined the law firm of Armstrong Teasdale LLP in their St. Louis office, and focuses her practice in the areas of medical malpractice and pharmaceutical litigation.

michele B. Hartmann was licensed in the Commonwealth of Massachusetts in December 2004, and has been employed as a staff attorney at Private Healthcare Systems, Inc. in Waltham, Massachusetts.

Abdul Hakim Shabazz, an attorney and talk show host, has made the Indianapolis Business Journal’s “40 Under 40” list.

in memorium

Judge theodore m. mcmillian, 1949

edwin W. Ganter, 1950

Russell Grantham, 1950

Donald H. Sanders Sr., 1950

paul S. Brown, 1951

oliver W. Schneider, 1953

eugene W. Wines, 1953

John J. morton, 1954

Ray e. Breckenridge, 1956

Robert e. Becker, 1965

Alan G. Johnson, 1966

John p. Donohoe, 1973

Roger L. Vetter, 1973

John Barnett, 1975

Jane F. murray, 1990

Linda J. Springrose, 2000

CL ASS noTeSCL ASS noTeS

Send US An UPdaTe

Moved lately? Changed your e-mail address? Have a new job?The Office of Development and Alumni Relations wants to hear your latest news and get updated information so we can keep you informed about School of Law events and news.

Go to law.slu.edu/alumni and click “update my information.”

You can also e-mail your class notes to brief@law.slu.edu or send a letter to:

Saint Louis University School of LawOffice of Development and Alumni Relations3700 Lindell Blvd.Queen’s Daughters Hall St. Louis, MO 63108

Saint Louis University School of Law has benefited from the generosity of many alumni and friends who have supported the School through a planned gift. The most common planned gift is a charitable bequest provision included in a will or trust.

The following sample wording for a general bequest to the School of Law may be incorporated into a will or trust:

I hereby give and bequeath to St. Louis University, a Missouri corporation, located in St. Louis, Missouri, [_____% of the residue of my estate] [the sum of _____ dollars] [the following described property: _____ ] to be used for the general purposes of the School of Law.

Individuals who support the School of Law through a planned gift become members of a recognition program called the 1818 Society. The Society’s name commemorates the year that Saint Louis University was founded and became the first institution of higher learning west of the Mississippi River.

If you would like to include the School of Law in your estate plans or for more information, please call the School of Law’s Office of Development and Alumni Relations at (314) 977-3300 or at (800) 758-3678.

Leave Your Legacy at Saint Louis University School of Law

“Going to law school at Saint Louis

University impacted my life in so many ways,

and giving back so that future generations

might have the same opportunities I did

just makes sense to me.”—Anonymous Donor

School of Law3700 Lindell Blvd.St. Louis, MO 63108

Non Profit Org.U.S. Postage

PAIDSt. Louis, MO

Permit No. 4767

On Thursday, October 19, 2006,

a portrait ceremony in

memory of Judge Theodore

McMillian will be held

at saint louis university

school of law. all school of

law alumni, students, faculty

and friends are invited to

attend the ceremony.

calendar of evenTs ’06 August 16 to 18 First year orientation 21 First Day of Classes 25 Legacy: Abraham Lincoln in the Presidential years show runs until December 17, 2006 Info: http://sluma.slu.edu/legacylincoln.html

September 29 Missouri Bar Conference Luncheon October 6 naturalization Ceremony in Cook Hall Sponsored by Saint Louis University School of Law

13to15 Reunion 13 Childress Memorial Lecture Family Day Trivia night

14 PILG Ambulance Chase 5K Run/3K Walk School of Law Class Dinners

19 Portrait Ceremony in Memory of Judge McMillian

November 4 DuBourg Dinner

December TBA Chicago Law Alumni Holiday Party

For more information about these events, call Dina Gale at 314-977-3978 or by e-mail dgale@slu.edu