Voir Dire 2015 - Lincoln Law School of Sacramento

TABLE OF
CONTENTS
IN MEMORIUM OF
VICTOR A. BERTOLANI
DEAN EMERITUS
1
A Message from the Dean
JUNE 18, 1934 - APRIL 5, 2015
2
Letter from the Editors
By William Wright
3
Lincoln Law School Alumni Association
4
Lincoln Students Negotiate the Competition
5
ABOTA Awards Outstanding Student
Trial Advocate to Mitchell Miller
6
Moot Court Competition ASYLUM
7
The Students are on Fire – on the Court
and in the Community
8
LLSA Presents Honorable David De Alba
9
Professor of the Year Award
The Sacramento legal community
lost one of its leaders on April 5,
2015. Victor A. Bertolani passed
away suddenly at the age of 80,
after a long and successful career
as an attorney and educator.
In the 1960’s, Victor A. Bertolani
and Andrew Smolich were law
10 Shepardizing Cases + Secondary Sources =
Second Years (Lost and Confused)
partners and prominent personal
injury attorneys. Victor was
12 Outstanding Service Award to Professor
Frank Meyer
also teaching torts at McGeorge School of Law, which
13 Professor Wright Alumnus of the Year
McGeorge decided to seek ABA status and told the
14 Lincoln’s New Community Property Professor Honorable Michael Bowman
professors that they had to become full time professors.
15 Meet the Woman Behind the Motto
“No High Highs and no Low Lows” Honorable Bunmi Awoniyi
16
Due Process and Social Media You’ve Been Served
17
How Public Service Can Make a Difference:
an Interview with Anne Marie Schubert
18 Women’s Month A Celebration of Women
in the Law
20 Reforming and Preventing the Misapplication of
The Ada: Enabling Businesses and People with
Disabilities to Find Common Ground
was then a night school, much like Lincoln is today.
Victor still wanted to practice law, so he and Andy
Smolich decided to start their own law school. They
contacted Lincoln Law School of San Francisco and
convinced the school to open a branch in Sacramento.
With few dollars, but lots of ambition, Victor and Andy
started the first class in 1969.
Victor served as the Dean, and he and Andy recruited
an excellent faculty of judges and skilled attorneys. They
grew the school and bought out Lincoln Law School
of San Francisco’s interest. Under their direction, the
school became the valued asset to the Sacramento Legal
community it is today.
22 The Hobby Lobby Ruling: a Legal Pandora’s Box
Victor retired as Dean in 1986, to return to full time
24 Graduation Commencement Speaker:
Senator Darrell Steinberg
practice, which he did for another 20 years. Victor
25 Valedictorian’s Message
26 Salutatorian Message
27
Lincoln Law School Graduates 2015
VOIR
DIRE
2015
should be remembered for his love for Lincoln Law
School, its graduates, and for his devotion to the school
and to legal education
A MESSAGE
FROM DEAN
SCHIAVENZA
Dear Class of 2015:
On behalf of the Board of Trustees, Board of Directors, faculty and administration of Lincoln Law School of
Sacramento, I congratulate the Class of 2015. You have worked hard, accomplished much, and enriched
your lives by exploring the opportunities provided by our school.
Graduation is an opportunity for you to pause for a moment in your journey to the California Bar Examination
and the practice of law and to take stock in what you have accomplished. Each of you shares the same
qualities of those graduates from the forty-two previous graduating classes: dedication, determination and
desire to succeed while balancing school with your family life and daytime employment. Deciding to attend
law school is a difficult decision requiring you to place other aspects of your lives on hold in order to
accomplish your dream of attending and graduating from law school. On May 9, 2015 that day will come.
For most of you the key to your success has been the support you received from those closest to you. Spouses,
children, parents, siblings and friends have patiently stood by your sides providing love and encouragement.
Lincoln Law School thanks and congratulates those who lived the law school life remotely and for the
assistance and sacrifices they too have made for our graduates.
Lawyers impact lives and you will be the problem solvers and professional advisors. More than 100 years ago
Oliver Wendell Holmes expressed his belief that no other profession is as rewarding as the law. He asked, in
what other profession “does one plunge so deeply in the stream of life, to share in its passions, its battles, its
despair, its triumph.” As attorneys you will provide strong shoulders to lean on and hands to hold when your
clients face serious legal issues. Each of you will represent a solution rather than a problem.
The future years will be a voyage in self-discovery during which you will be faced with many professional
challenges. You must remember that an ethical lapse is the biggest error you can make. You can always get
another job or another client but you can never get another reputation. Abraham Lincoln, the namesake of our
school, spoke on the issue of honesty and reputation. Lincoln said, “No client ever had money enough to bribe
my conscience or to stop its utterance against wrong and oppression. My conscience is my own, my creator’s
not man’s. I shall never sink the rights of mankind to the malice, wrong, or avarice of another’s wishes, though
wishes come to me in the relation of client and attorney.” Adhere to Lincoln’s words. Practice ethically and with
civility and hold on to your reputation as the valuable commodity that it is and do not trade it for anything.
Upon graduation you and your classmates will no longer be together as a group. You were strangers
when you met and you have become friends and future colleagues. You withstood the rigors of law school
together as a group and going forward you should do your best to maintain close ties with one another. Your
classmates are among the most precious gifts you will take with you from your time at Lincoln Law School and
you should do your best to cherish them.
Again, congratulations to the Class of 2015. We confidently anticipate your success on the upcoming bar
examination and with your careers.
Sincerely,
James M. Schiavenza, Dean
1
LETTER FROM
THE EDITORS
By Fatima Baig and Lusine Sarkisyan | Class of 2016
We would like to begin by thanking Dean Schiavenza, Professor Gold, Linda Smolich, and the Student Bar
association for working tirelessly to make this edition of the Voir Dire possible. We truly feel honored to serve as
editors on this year’s Voir Dire.
To the graduating Class of 2015, you have completed not just another year, but your final year of law school
here at Lincoln. You are now one step closer to making your dreams of becoming attorneys possible. You have
accomplished a great feat and now may embark on the next chapter of your lives. We wish you all the best.
Four years of dedication, sacrifices and continued commitment have led you to this moment. It is important to
take a minute to recognize how far you have come before you are consumed with the preparations for the bar
examination. As daunting as the bar exam may be, keep in mind that if you can survive four years of law school,
you can survive two months of bar prep. Our heartfelt congratulations to all and we hope you conquer the bar and
any obstacles that you may undertake.
With the year coming to an end, we would like to take this opportunity to acknowledge the growth Lincoln
Law School has experienced throughout this year. We now have six student organizations on campus: Asian
Pacific American Law Student Association, Black Law Student Association, Delta Theta Phi, Latino/a Law Student
Association, Student Bar Association, and Women’s Justice Society. These organizations have broadened the
law school experience for many students by offering educational, social, and professional events such as review
sessions for midterms and finals, a legal research workshop, a job fair, a professional-attire fashion show, a panel
discussion, and guest speakers comprised of community leaders. These organizations have also given back to the
Sacramento community by organizing the Annual Canned Food, Toy and Paper and Plastic drives, feeding the
homeless, sponsoring and running in the Run to Feed the Hungry Race, and volunteering and participating during
the Let’s ROC 5K Ovarian Run. Lincoln Law School is transforming and it has been a joy to unveil this transition to
our readers through the many contributions.
Furthermore, we would like to thank the professors of Lincoln Law School. Without such a distinguished group
of scholars and practitioners, our school would not be what it is today. You have all gone above and beyond
to create a comfortable learning environment where students are not only engaged in the material, but have the
forum to participate in the lively discussions of legal matters. We are truly thankful for your constant support and
encouragement throughout our legal education.
Last but not least, we would like to thank our writers. This edition would not have been possible without your
contributions. We truly appreciate it!
We hope you enjoy this edition of the Voir Dire and as always, thank you for reading this year’s Graduation Edition.
Sincerely,
Fatima Baig and Lusine Sarkisyan, Class of 2016
2
LINCOLN
LAW SCHOOL
ALUMNI ASSOCIATION
By Chris Wood
Lincoln Law produces passionate graduates who are leaders in
The Alumni Association is an important part of Lincoln Law
law, government and local communities throughout California.
School and the success of its students and alumni. Our Board
Over the past 46 years, 1,566 students have successfully
meets monthly and is working to integrate students with alumni
earned their Juris Doctorate degrees from Lincoln. Jan Scully
for mentoring, work experience and career placement. Our goal
(Class of 1978) recently retired from her position as the District
is to provide direction and experience to students so that by
Attorney of Sacramento. She not only served our community as
graduation, they have a plan for their future and they too can
our District Attorney, but she also went on to play a significant
make an impact in their respective communities. We are looking
role in creating the Sacramento Regional Family Justice Center
for volunteers to join the Board and also to mentor students. It
(FJC) which will continue to protect victims of crime in our
is an exciting time for the Alumni Association and we intend on
community well into the future. Our current Sacramento County
making it a fun and educational experience by tapping into the
Sheriff, Scott Jones, (Class of 1998) proudly serves the people
amazing resource that our alumni can provide.
of Sacramento County as our leader in law enforcement. We
have 11 alumni who are currently on the bench from as far
east as South Lake Tahoe where Judge Steven Bailey (Class of
1987) sits as a trial judge and as far south as Tulare County
where Judge Kathryn Montejano (Class of 1992) is an active
trial judge. It is an honor to be a fellow alumnus with proven
leaders who are so well respected.
Upcoming events include an alumni mixer in June which you
will not want to miss. Our Board is contacting alumni in order to
obtain updated contact information so that everyone will receive
our newsletters as well as our invitations for the June event.
Please go to the Lincoln Law School website at lincolnlaw.edu
and click onto the alumni section and make sure your contact
information is up to date. We do not want anyone to miss
Graduates of Lincoln Law School are a special breed hungry
out on what is sure to be a wonderful time. If you have any
to succeed and have a blue collar work ethic second to none.
questions, please email us at [email protected].
That work ethic does not end with graduation but continues on
to their practices where they excel and set positive examples.
As the number of graduates increases so does the impact of
Lincoln Law School. Congratulations to the Class of 2015
for their tremendous accomplishment and in joining the ranks
of the graduates before them who have set the bar high with
respect to professionalism and contribution to the community.
The hard work and dedication pays off and there is nothing
more satisfying than making a difference for your clients. As
graduates, you now have a special opportunity and journey
ahead of you.
Left to Right: Adrian Hoppes: Vice President, Terri Easlon: Board
Member, Joe Caffrey: Vice President, Chris Wood: President, Roopen
Parekh: Treasurer, Robert Nelsen: Membership Chair, Ursula Stuter:
Communication Chair, Pamela Myers: Board Member.
Not Photographed: Clifton Roberts, Lauren Jones, Lisa Sotelo,
Rebecca Deane-Alviso, Rob Ward, Samantha Cypret
3
LINCOLN STUDENTS
NEGOTIATE
THE COMPETITION
By Sarah Bains | Class of 2016
This year, the State Bar of California sponsored its 16th Annual
This year was Lincoln Law School’s second time
Environmental Law Student Negotiations Competition. Each
participating in the competition. Sarah Bain and Elizabeth
California law school was permitted to enter one team, consisting
Fortune Handy, both third year law students, represented
of two students. Participating teams required the approval of their
Lincoln. Professor Heather Kenny, who includes negotiation
respective law school’s dean. It was also recommended that each
activities as part of her real property law curriculum, served
team have a faculty advisor to assist the team in its planning and
as faculty advisor to the team.
preparation for the competition. This year 24 teams representing
15 California law schools competed.
Prior to the competition, teams were provided a Statement
of Facts (a common set of facts known by all participants)
and Confidential Negotiating Instructions (confidential
information known only to the participants representing a
particular party). All teams were responsible for researching
the appropriate law and applying it to the prescribed set
of facts to frame appropriate legal arguments and develop
negotiating strategies. Judging criteria was based upon
preparation – law, facts, and options available; negotiation
strategy and tactics; execution of strategy; adaptability,
flexibility, and creativity; outcome of the negotiation; oral
Our team put in many hours of preparation for this
competition, including several practice negotiation
sessions. These practice negotiations allowed our team
to apply different strategies and adjust each approach
to improve its execution at the competition. At these
practice negotiations, our team negotiated against their
advisor and a volunteer. The volunteers responsible for our
team’s honing of skills included Lincoln students Joanne
Larsen-Linarez and Mitchell Miller, Lincoln’s Dean James
Schiavenza, and Senior Public Policy Advisor Ryan Kenny.
The feedback from the judges acknowledged that our
team was “very prepared” and did a “really great job”
presentation; teamwork; and ethics.
for the two preliminary rounds. Lincoln’s dynamic duo
The competition consisted of two preliminary and one final
Northern California law school that participated including,
rounds. Preliminary rounds lasted 100 minutes. During a
60-minute negotiation period, two teams negotiated directly
with each other. Following a 10-minute period to analyze
their performance in private was a 30-minute period of
self-analysis and feedback from the judges (15 minutes per
team). The two-hour final round consisted of a 75-minute
negotiation session with the same 10-minute period for the
teams to analyze their performance in private and 30-minute
period for self-analysis and feedback from the judges.
44
placed 8th overall in the competition, beating every other
UC Berkeley, UC Davis, UC Hastings, and Santa Clara
University.
Our team was proud to represent Lincoln Law School
against other California law schools and to further promote
the reputation of Lincoln Law School with the State Bar
while gaining valuable legal experience.
ABOTA AWARDS
OUTSTANDING STUDENT
TRIAL ADVOCATE TO
MITCHELL MILLER
By Nichole Dickinson | Class of 2016
On January 31, 2015, Mitchell Miller was recognized by
Miller’s first true taste for the adversarial system began at
the Sacramento Valley Chapter of the American Board of Trial
the Sacramento County District Attorney’s Office where
Advocates as Lincoln Law School’s Outstanding Student Trial
he began interning prior to starting law school and
Advocate. Miller is the first student from Lincoln Law School
has continued to intern at the District Attorney’s Office
in over a decade to join the list of honorees. Prior Lincoln
throughout his time at Lincoln. His work at the District
recipients of this award include many who are now notable
Attorney’s Office has included preliminary hearings,
attorneys, current professors and sitting judges.
violation of probation hearings and other evidentiary
Miller’s accolade was earned for his performance in his
Trial Advocacy course. Professors Frank Meyer and Harry
Colombo nominated Miller for this award based upon
his level of preparation for each class wherein his work
consistently ranked amongst the best. Further, Miller so
hearings. He recently conducted his first bench trial as a
Certified Legal Intern with successful results. Following the
Bar Exam, he will return to the District Attorney’s Office as
a Legal Research Assistant with the desire to become a
Deputy District Attorney.
fully embraced Trial Advocacy that he participated in
The American Board of Trial Advocates is a national
two mock trials.
organization premised on preserving Seventh Amendment
When a classmate required a medical leave of absence,
Miller volunteered to step in and partner with the individual
who lost their co-counsel. By doing so, he accepted twice the
workload typically required for the class. When asked why
he pursued the additional work, he informed his professors
that his goal was to be a trial attorney and the only way
to prepare was by taking advantage of every opportunity
rights and elevating integrity, honor, and courtesy in the
legal profession. One of ABOTA’s primary purposes is to
provide mentorship and guidance to new practitioners
by encouraging advocates to strive for the highest level
of professionalism and ethics in the legal industry. To be
recognized by this prestigious organization is an honor to
both Miller and Lincoln Law School. Congratulations!
for skill development. Miller’s personal motto for school,
work and life is simple, but effective – “Never stop seeking
opportunities to learn.”
5
MOOT COURT
COMPETITION
ASYLUM
By Assad Hafeez | Class of 2015
Lincoln Law School participated in the Eighth Annual UC Davis
Asylum & Refugee Law National Moot Court competition on March
14, 2015. This was our school’s third experience competing
against primarily ABA schools throughout the country. Our school
charted new ground by enlisting two teams.
Asylum is a specialized area of immigration law. There are five
protected grounds that are offered protection in the Immigration and
Nationality Act (INA), which are for persecution on account of one’s
race, national origin, religion, political beliefs or membership in a
particular social group (“PSG”). PSG is the most contentious ground
that also appears to be the primary focus of UC Davis’ competition.
This area also involves federal administrative law, which pertains
to the level of deference courts must give agency interpretations of
federal statutes. At the trial level, applicant’s cases are decided by
administrative law judges known as immigration judges or IJS.
The competition simulates a fictitious argument before the Supreme
Court, and is argued at UC Davis’ King Hall law school. Students
present oral argument before several judges and write a brief either
as ‘Respondent’ or ‘Petitioner’ based on a fictional appellate record.
I. Asylum, PSG, defined
Generally, the Board of Immigration Appeals (BIA), which is a
body of the attorney General, recognizes groups can be a “PSG”
when persecuted in their country. A group can be defined by a
“shared past experience,” Federal circuits are divided on whether
this group includes “former gang members.” Students this year
dealt with a former member of “PR25,” which is a transnational
criminal organization similar to the MS-13 of Central America.
PR25 plagues the nation of Honduras and is known for aggressively
punishing those that try to leave their gang.
One side recognized that this amounts to a persecution as a result
of a shared past experience on being a former gang member. The
other side contended a strong policy exists against recognizing
groups that pose criminal threats to our country A separate debate
concerned the reasonableness and consistency of enforcing
additional requirements that proposed groups be both sufficiently
“particular: and “socially distinct” or perceived as actual groups
in their society.
The last issue concerned whether or not the applicant committed a
“serious nonpolitical crime” by throwing rocks at officers and setting
fire to an obsolete vehicle during a protest. The INA bar applicants
if they have committed such acts. Both teams had to discuss the
seriousness behind the intent to bar applicants and if the political
nature outweighed any criminal intent.
I. The teams
This was our school’s first time sending more than one team to
compete, which proved helpful when it came to practicing oral
arguments along with sharing briefs to anticipate arguments at the
competition. Breanne Lard (3L) and Cesar Torrez (4L) prepared a
brief for the Respondent, arguing that the Fourteenth Circuit Court
of Appeals was correct to affirm and find that applicant did not
establish that he was persecuted for membership in a cognizable
PSG and that he in fact committed serious nonpolitical crimes.
Assad Hafeez (4L) and Camnhung Le (3L) prepared a brief for
Petitioner arguing that it was arbitrary, capricious, and manifestly
contrary to Congress’ intent to craft a policy exception in the PSG
analysis and that he showed he was persecuted for his membership
in a PSG. Petitioner also argued that the acts did not amount to a
serious nonpolitical crime.
II. Lasting thoughts
Despite the great investment of time and energy, this experience
provided the participants with a genuine sense of actual advocacy
for a client without the high stakes. Teams prepared and convened
throughout the holiday season and briefs were submitted by
February 2, 2015, with oral arguments taking place on
March 14, 2015.
The briefing and writing process was a serious learning endeavor.
Blue booking is a real skill that once practiced pays dividends in
making proper, effective, non-distracting briefs. Part of the challenge
included advocating within the page limits.
For presentation and oral argument, preparation through practice
built confidence in public speaking. Students removed distracting
verbal and nonverbal language. Bad habits became apparent, like
the common “um’s,” and “ah’s,” which affect a speaker’s credibility.
Through our preparation also we addressed the inevitable difficult
questions that were asked by the judges. Skills were developed in
anticipating and directly answering questions and hypotheticals and
balanced with time management to ensure that all key points were
addressed within the time constraints. By the end, students needed
to finish with a strong reiteration of why the court must grant the
specific remedy sought after.
Ultimately, flexibility was needed, which made scripts and outlines
problematic. The speaker needed to project mastery of the law and
the record, while maintaining eye contact and responsiveness to the
judges. This was also the case for an effective Petitioner’s rebuttal.
III.Conclusion
Contact Professor Colombo if you are interested in participating in next
year’s Moot Court Competition.
6
This was a great and unique experience for all involved. I had the
opportunity to participate in two competitions and discovered that
the learning never topped. One elective credit was awarded to
each student participant.
THE STUDENTS ARE ON
FIRE – ON THE COURT
AND IN THE COMMUNITY!
By Lusine Sarkisyan | Class of 2016
Each year the Student Bar Association hosts the annual
As soon as the technological glitches were resolved,
basketball game between the student body and the
both the teams played their hearts out. The students were
alumni/ faculty team followed by an after-game pizza
playing to maintain their winning streak as the alumni/
party. This year’s basketball game was a little different
faculty team was seeking to take back the title they had
than the previous years’ as the Asian Pacific American
once lost. The usual big group of supporters for the student
Law Student Association (APALSA) and the Student Bar
team was matched equally by the great outpour of alumni
Association (SBA) joined forces to host the game in order
involvement and support for the faculty/alumni team
to support APALSA’s Paper and Plastic Drive to benefit My
primarily as a result of the revitalization of Lincoln Law’s
Sister’s House. My Sister’s House is a local organization
Alumni Association. After multiple fouls and turnovers and
that seeks to eliminate domestic violence in the Asian and
tons of three point shots made by Tyler Nielsen, Theon
Pacific Islander community through family education and
Bourdaniotis, and Che Fernandez on the student team and
by increasing the self-determination of Asian and Pacific
by Joe Caffrey, Professor Rouse, Chris Wood, and Chris
Islander women.
Ryan on the alumni/faculty team, the game came down
As fans entered the Sutter Middle School gym, they
were greeted by SBA officers- Deborah Bartlett, Jackie
Jaynes Creel, and Nichole Dickinson and APALSA officer,
Rosie Bains. Each entrant who donated a paper or plastic
good to the drive received one free raffle ticket with a
chance to win one of the many raffle items. All proceeds
from the raffle sales were donated to the Paper and
Plastic Drive. The raffle ticket sales alone amounted
to over $300 in donations.
As guests made their way to the bleachers, they could
not miss hearing the infamous bombastic voice of Chris
to the last 23 seconds. Trailing 64-61, the faculty/alumni
players were determined and not ready to throw in the
towel just yet. All they needed was one three pointer to
push the game to overtime. Fouling the student team was
inevitable. Unfortunately for the faculty/alumni team, when
student member Che Fernandez was fouled he calmly
made both free throws to secure the victory 66-61. The
students cheered and applauded another win.
After the basketball game everyone headed to Giovanni’s
Pizzeria to celebrate another great game filled with family,
friends, and food.
Testerman as he introduced each player, followed by
the singing of the National Anthem by Cesar Perez Sr.
From the beginning till the end, Testerman and Dean
Schiavenza worked together to manage the shot clock
and the scoreboard. This was significantly important,
because as the game progressed technical glitches
occurred on the scoreboard which resulted in the
student team to be in the lead by over 100 points.
7
LLSA PRESENTS
HONORABLE DAVID DE ALBA
By Jasmin Aleman | Class of 2017
In an effort to support awareness of the feasibility and
would likely otherwise not be able to attend law school.
opportunities of pursuing a law career, retention and
His own daughter graduated from our institution and is
recruitment of Latina/o students in law school, and a
currently practicing in Sacramento.
deeper understanding of the legal, political, and social
status of Latina/o Americans in society, the Latina/o
Law Student Association at Lincoln Law School invited
Honorable David De Alba, its first guest speaker, to
address the student body.
A son of Mexican immigrants and the oldest of six,
Judge De Alba is a great example of what someone can
accomplish with hard work and dedication. He was a
junior college student in San Francisco where he later
transferred to UC Berkeley before deciding to pursue
Judge De Alba delivered a speech to a room full of
a higher education in law at UCLA. The path toward
students and faculty on Tuesday, February 24, 2015.
excellence is more difficult for some than it is for others,
The Sacramento County Superior Court judge was
however, his career demonstrates that it can be done,
appointed to the bench in 2001 after serving 22 years
si se puede!
in the State Department of Justice where he specialized
in criminal appeals, tort-related complex litigation, and
law enforcement policy.
Judge De Alba left those in attendance with some important
advice. He said that in the practice of law we must focus
on preparation, civility and decorum. Our work is not
Judge De Alba was voted, “Judge of the Year” by
personal and we must respect others. Adelante Honorable
the Sacramento Bar Association in 2011. He was
David De Alba!
also appointed to the California Judicial Council by
Chief Justice Tani G. Cantil-Sakauye. De Alba serves
as a liaison to the state’s trial courts and works at
increasing communication and transparency, along
with promoting accountability.
Judge De Alba humorously and enthusiastically shared
his experiences as a law student, attorney and judge.
He shared family history and discussed current issues
facing the state judiciary, including outdated buildings,
budgets cuts, and backlogs. He also informed the
audience about the federal government’s inquiry into
how our state (as one of the most diverse) deals with
the issue of access to justice for minorities who are not
fluent in English.
Judge De Alba commended Lincoln Law School for its
role in providing a quality education to students who
8
LLSA wishes to thank all students and faculty who attended
the lecture, Lincoln Law School for supporting the
organization’s first official event, and a very special thanks
to Dean Schiavenza for introducing Judge De Alba to LLSA.
PROFESSOR OF
THE YEAR AWARD
By Assad Hafeez | Class of 2015
The winner of the “Professor of the Year” award is
With regard to balancing personal family life and
the Honorable Curtis Fiorini. Because judging cases
professional duties, Judge Fiorini is grateful “a great wife
and teaching Evidence at our school can be quite
and wonderful sons who make it easy for me” and agrees
demanding I tried to elicit information without raising
“it is very important to make sure to consistently keep a
any objections. He was very kind in answering my
good balance between work and your personal life.”
questions about his teaching methods.
I asked Judge Fiorini what words of wisdom he could
Being a successful teacher requires “having a desire
offer our students and soon to be graduates. Judge
to truly help the students,” says Judge Fiorini. “All of
Fiorini says “it is important to always be yourself and
the professors at Lincoln are here because we want
treat others with respect and professionalism. A legal
to see our students learn and succeed.” I remember
career has many challenges.” He emphasized to “always
in third year Evidence class seeing many video clips.
treat clients, opposing counsel, witnesses, and the court
Judge Fiorini says he has always used them in lectures,
with the utmost respect for it will go a long way towards
even before teaching at Lincoln, because “it is a good
being successful.”
way to present hypothetical questions and illustrate
factual situations. Evidence is a class that requires a
tremendous amount of practice and “combining case
law and written hypotheticals” with intermittent video
clips “provides a helpful variety.”
Hopefully, I along with my peers in 4L, can follow this
advice as we prepare for the “real world” life beyond the
bar exam. Thank you Judge Fiorini for your time, insight,
and dedication to teaching at Lincoln Law School.
Drawing upon personal memories from law school,
Judge Fiorini recalls “I did not learn well in a classroom
environment where the teacher was intimidating
and unapproachable. As a result, I try to make my
classroom fun and comfortable.” Instead of stress and
anxiety, students should be in a “comfortable and
relaxed classroom.” I have witnessed Judge Fiorini’s
approach in Evidence class and agree he has crafted
this environment by being friendly, always smiling,
and using humorous videos that often lighten what
otherwise is an intimidating subject of law.
I asked Judge Fiorini if he has any ‘pet peeves’ in
the classroom. He says he does not although “being
unprepared, not paying attention and talking in class
does not go very far in making a positive impression.”
9
SHEPARDIZING CASES +
SECONDARY SOURCES = SECOND
YEARS (LOST AND CONFUSED)!
By Rosie Bains | Class of 2017
After viewing countless hefty digests and reporters during
During the workshop, Rose provided step-by-step tips on
the library tour in the Legal Research class, you are
how to conduct effective research using various tools and
immediately overwhelmed with a copious amount of
sources. The starting point of conducting legal research
options to begin conducting your research. Your first step
was covered first during the workshop. Secondary
should be to pick up the law library map and familiarize
Sources are considered to be the best starting point
yourself with the location of the legal books and journals.
for legal research and will help you gather information
Why are these sources and tools so valuable? In order for
you to be a successful lawyer, you need to know how to
research the law (Sloan, Basic Legal Research, Tools and
Strategies, Fifth Edition (2012) p. 1). In your second year,
Professor Harry Colombo will stamp permanently into your
brain that “The job of a lawyer is to persuade using legal
authority.” Legal Research is a hands on class, which helps
students develop research skills by drafting complaints,
answers, interrogatories and briefs. You will be presented
with fact patterns where the issues revolve around
topics such as dissolution of marriage, or limited liability
partnerships and your task requires determining the rights
and liabilities of the parties, but knowing where to begin
your research can be mind boggling at first. How exactly
do you begin and what sources are relevant?
and understand complex legal issues if you are not
acquainted with your research topic (Sloan, supra, at
p. 4). These legal encyclopedias and treatises, such as
American Jurisprudence, Witkin, American Law Reports
and Practice Guides, provide on-point legal analysis and
can direct you toward relevant case law and statutes. But
secondary sources should generally not be cited in legal
research projects because they do not have the force of
law (Ibid.). Rather, secondary sources are helpful when
gathering general information about a topic, searching for
key words or phrases, or being directed toward primary
legal authority, which can be cited. “Primary authority
is the term used to describe rules of law” (Ibid.) and
includes constitutional provisions, statutes, court opinions,
and administrative regulations, which are referred to as
mandatory (binding) authority (Sloan, supra, at p. 10).
To further assist students in answering such questions and
Primary and secondary sources can be found not only at
mold effective research skills, The Women’s Justice society
Lincoln’s library, but online as well.
and the Asian Pacific American Law Student Association
co-hosted Lincoln Law School’s first ever Legal Research
Workshop. The workshop was conducted by fourth year
student Rose Turner. In addition to attending Lincoln, she is
pursuing a Master of Library and Information Science from
San Jose State University and will be graduating
in December 2015.
Rose also provided students with the foundation of some
common online tools that are accessible for conducting
research. Online sources can vary from subscription
services to free legal information services. As law students,
we have a special contract that allows us access to
more tools and information than most practitioners do
on Westlaw and LexisNexis. However, regardless of
subscription level, Westlaw provides two vital tools
known as KeyCite and the Key Number system. KeyCite
10
is Westlaw’s case citator and it indicates whether or not
As law students, our family members will often request
a case has been reversed, overruled, or modified by a
solutions to their own legal problems and a resourceful
subsequent case through color-coded flags. KeyCite is also
way for you to navigate out of this situation would be to
sometimes referred to as “Shepardizing”, the LexisNexis
refer them to FindLaw, a free legal database operated by
equivalent which was the first legal citator of its kind. In
Thomson West. This free online source contains court forms
order to ensure that every case you cite is relevant and
from numerous state and federal jurisdictions. There are
valid authority, one must check every case through KeyCite
two versions of this site, one of which is directed towards
or Shepard’s, otherwise this can constitute malpractice
non-legal professionals and it encourages users to find a
(Sloan, supra, at p. 144). Another aspect of Westlaw that
lawyer to help them with their legal issue. The other version
Rose covered in her workshop is the Advanced Search
is directed towards legal professionals and aides in
page, which allows users to build search parameters using
searching cases and statutes and provides access to Writ,
Boolean terms and connectors. If you’re not accustomed to
a free legal journal.
building Boolean terms and connectors, then the Advanced
Search page can still prove to be beneficial to you
because you can locate an exact word or phrase during
research. The Advanced Search page assists users by
allowing them to input terms and specify how those terms
are to be used, you can search multiple terms and require
that they all be included in the results or even specify to
search all of the documents that contain the multiple
terms you input.
Besides covering online databases, Rose discussed two
important research tools. The first being WashLaw, which
is a research portal that links user to other important
sites on the internet with legal information based on
their geographic location or jurisdiction. WashLaw
offers information on court forms, statutes and case law
throughout the United States and provides international
law material as well. Last but not least, the Sacramento
County Law Library’s website houses a wide variety of
The workshop also helped students navigate through free
legal resources including form lists providing directions
online legal databases. One such database is Cornell
on how to file specific legal actions, videos and podcasts
Law School’s Legal Information Institute, which is the most
describing common legal problems, and pleading paper,
comprehensive online legal resource that also publishes
which is especially useful for the second year legal
their own secondary sources. They also publish electronic
research course. If you are seeking to further educate
versions of The United States Code, Federal Rules, United
yourself on legal topics the library provides MCLE classes
States Supreme Court Cases, uniform laws and various
that you may sign up for through their website.
other state law resources. One significant aspect of this
site is the Jureeka! browser plug-in, which links webpages
that reference Supreme Court cases, federal rules and
regulations into direct links to the relevant items in the
Legal Information Institute database. Or if reading Supreme
Court cases is not your forte then you can listen to an
archive of oral arguments and Supreme Court cases via
By acquiring an understanding of the available resources
online and in the library, one can successfully conduct
legal research and further educate yourself on a specific
legal topic. If you’re looking for further guidance, Lincoln’s
phenomenal library staff is always willingly to help direct
students in their research endeavor!
audio recordings provided for free by The Oyez Project.
Not only can you access audio recordings by the Supreme
Court since 1955, but the website also offers a virtual
reality tour of the Supreme Court Building!
11
OUTSTANDING
SERVICE AWARD
TO PROFESSOR
FRANK MEYER
By James Pearson | Class of 2017
At this year’s graduation ceremony Lincoln Law School will be
honoring Professor Frank Meyer with an Outstanding Service
Award for his 30 years of teaching at Lincoln. Below is an
interview I had with Professor Meyer discussing his career and
the insights he’s gained over the years.
James: First of all, congratulations on 30 years of teaching.
That is an impressive accomplishment.
Prof. Meyer: (laughing) Thank you. It’s been a real honor to be
a part of Lincoln.
James: Please tell us about your background, your education
and career experiences and what led you to Lincoln.
Prof. Meyer: I earned my undergraduate from Syracuse
University in 1972, majoring in History. From there I attended
McGeorge School of Law here in Sacramento, graduating in
1980. I interned at the Sacramento County DA’s office from
1978—1980. Upon graduation from McGeorge I was hired
at the DA’s office where I worked for 33 years. I retired in
2013, but now I am back at the DA’s office as a part-time
annuitant. It’s been a wonderful career.
James: You have been a faculty member since 1985. What
made you want to teach? Did you come from a teaching
background? What has kept you teaching all these years?
Prof. Meyer: I do not come from a teaching background, but
I was always interested in the idea of teaching in law school.
With my work at the DA’s office, Trial Advocacy was a perfect
fit. I started at Lincoln as a Legal Writing reader in 1985, then
in 1986 was recruited by Chuck D’Arcy to start teaching Trial
Advocacy. I just really enjoyed it. I was impressed with the
students, especially to see the older students with families and
full time jobs coming in and making that sacrifice. I really like
Lincoln’s philosophy of providing an affordable law school. I
really think that’s a good thing and it impresses me.
James: What were some of the lessons you learned during your
first years of teaching?
Prof. Meyer: I learned that it was very demanding to work full
time during the day, then come here and teach a class at night.
I could empathize with the students. I learned that as a teacher
I could help bring out some skills that people didn’t know they
had. It’s been very rewarding.
James: What areas of law have you taught at Lincoln?
Prof. Meyer: Aside from that one year as a Legal Writing
reader, only Trial Advocacy. That’s the best fit for me.
James: What has been one of your favorite memories as a
faculty member here at Lincoln? Any terrible memories?
12
Prof. Meyer: No terrible memories. Great school. I think it’s well
run. I’ve been treated very well at Lincoln, and I’m very proud to
be a member of the Lincoln family. The best memories I have are
seeing some of my former students in court and doing well. Two
of my first students are at the DA’s office and have done quite well
for themselves: Rob Gold and Steve Grippi. My best memories
are seeing my students succeed in the real world.
James: Could you list 5 words that describe your teaching style
and yourself?
Prof. Meyer: I try to keep it fun, interesting, positive,
encouraging, and challenging.
James: How much has Lincoln as a school and as a student body
changed in the last 30 years?
Prof. Meyer: Demographics. Students have gotten younger.
When I started in 1985 people were in their 30s and 40s. The
majority were working and had families. Now, we are seeing
people in their 20s, sometimes straight out of college. I think the
cost of law school has gone up substantially. Back when I went
to law school, it was much more reasonable. Now, to attend
McGeorge or UC Davis you might pay $150,000. I think the
cost is one reason. The fact that Lincoln offers a quality law
school education at an affordable price is very impressive to me.
James: Have you experienced a growth in yourself while
teaching for the past 30 years? What changes have you seen or
experienced?
Prof. Meyer: Yes, I’ve grown through my interaction with the
students. Other people’s perspectives have changed mine. I have
to strive to keep up with the students. Also, the law changes and
technology has changed. I’ve had to grow and keep up with that.
James: Do you plan to retire from teaching? If so, when? No
pressure!
Prof. Meyer: Well, my answer to that is yes, someday. But I’m
still having fun and I think I’m making a contribution. Also, I teach
Trial Advocacy with Harry Colombo, and we work well together.
I think when he goes, I will go too. We would need to find a
new team at that point. But I don’t have any definite plans to stop
teaching yet. I really enjoy it.
James: There are a few students on campus who would like to
teach law in the near future, what recommendations do you have
for them? Do you need to be a solid “A” student?
Prof. Meyer: Well, when I was in law school we had a saying:
The A students become law professors, the B students become
judges, and the C students make all the money. That’s not to say
that a determined C student couldn’t become a law professor.
It could happen. But grades do matter. I was a pretty solid B
student when I was in law school. Both in school and in the real
world, you have to put in the hard work necessary to win.
James: Alright, well, that concludes our interview. Thank you
again and congratulations.
Prof. Meyer: Thank you. It’s been a great 30 years. I’m very
thankful to the Smolich family. I think Jim Schiavenza is doing a
great job. It’s been a real honor to be a part of Lincoln.
PROFESSOR
WRIGHT
ALUMNUS OF
THE YEAR
By Paramprit Bindra | Class of 2016
I had the honor and privilege of interviewing Professor
William F. Wright, Lincoln Law School’s 2015 Alumnus of
the Year. It was evident during our conversation that Professor
Wright is an exemplary faculty member at Lincoln who not
only balances his life as a practitioner and professor, but
provides guidance and mentoring to students by maintaining
his open door policy. Throughout his career at Lincoln he has
consistently been generous with his time and advice to students
by encouraging them to increase their legal knowledge.
He believes in giving back to the community, and as future
lawyers, believes we owe a duty to make Lincoln Law School
proud. “As lawyers we have a power that other people don’t
have and that includes the power to sue, but remember it
also includes the power to help.” Professor Wright is very
grateful and honored to be named Alumnus of the Year.
Professor Wright has been a part of the Lincoln Law School
faculty for over 30 years teaching Constitutional Law. He
aspires to one day write a Constitutional Law textbook,
however he acknowledges the fact that it’s a very lengthy
process and requires a significant amount of time. It may
not seem like it, but Professor Wright did not always intend
on becoming an attorney. Prior to attending law school he
considered going to medical school but due to the excessive
cost did not attend. It was when his father, a student at
Lincoln at that time, recommended to him that he too enroll
at Lincoln and he moved back to California to do so. After
obtaining admission, he began clerking at Victor Bertolani’s
law practice during his second year. Victor Bertolani was the
Dean of Lincoln at that time and by working throughout law
school for one of the founding members of Lincoln, Professor
Wright was able to grasp every opportunity and learn from
him. Upon graduation, he continued to work for him as an
attorney until 1997 when he began his own private practice.
Professor Wright has since then managed his own practice
while also teaching Constitutional Law. This year he took
on two new practical elective courses: Law Practice and
Management and Civil Pleading and Practice. Professor
Wright believes that these practical courses are beneficial
to students because the curriculum revolves around
facilitating essential skills vital for practicing attorneys.
Law Practice and Management was first offered during the
2015 Spring quarter. This was an information-based course,
which provided students with knowledge on the basics of
starting up and operating a successful law firm. The curriculum
answered common questions new attorneys face when starting
out such as the advantages and disadvantages of contingent
fee vs. hourly billing, the practice of law as a business, office
location, marketing, client relationships and office management.
The course emphasized the different practice areas of law
and how income is generated from them. For example, while
personal injury can be a profitable and lucrative area of
practice, it can be a difficult area for new lawyers. This is
because generally attorney receive compensation only upon
a judgment or if the case settles. Whereas if the new attorney
were to practice family law, criminal defense, wills and
trusts, then the attorney could generate more hourly billing.
The one important lesson to take away from this course is to
keep overhead low. Professor Wright recommended to new
lawyers pursuing private practice, that they may want to start
off sharing an office where they have access to resources
such as a library and copier so that costs can be split.
Civil Pleading and Practice will be offered during the Summer
2015 session. Professor Wright had been advocating for
this course for numerous years and thinks it will be a great
opportunity for students. It will be taught on Tuesday and
Thursday evenings and is a two unit pass/fail course. Students
will be provided with packets of information for approximately
six cases. The cases will range from an automobile accident
personal injury suit, employment, medical malpractice and
breach of contract to name a few. The packets of information
will contain sample complaints, jury instructions, discovery
forms and many more documents that are a part of a lawsuit
from start to finish. Some cases will be from the plaintiff’s
perspective and others from the defendant’s perspective.
This course will put the principles learned in Civil Procedure
in context. For example, during second year students in
Civil Procedure learn what a demurrer is yet some don’t
understand the distinction between a challenge to the facts
of the pleadings and a challenge to the legal sufficiency.
From practical courses such as Civil Pleading and Practice,
students will learn these distinctions and more. Furthermore,
Professor Wright believes it will be a great review of Civil
Procedure and especially beneficial in preparation for the bar.
When it comes to preparing for law school examinations,
Professor Wright highly recommends that students create
their own outlines. “There are great outlines available
in great detail, but they are not yours. Students need to
write them out in their own format and structure.”
One principle and piece of advice that Professor Wright has for
all aspiring attorneys is “Don’t take any money from somebody
you can’t help. It’s not about you. It’s about helping your client
by providing valuable services. It’s not about how much money
I can get out of this person. There are lawyers like that and
they give lawyers a bad name. Most of us are trying to provide
valuable services.” Professor Wright feels “as lawyers we have
the power to subpoena people, but remember we also have
the power to do good. We have the power to help people.”
LINCOLN’S NEW COMMUNITY
PROPERTY PROFESSOR HONORABLE MICHAEL BOWMAN
By Alex Grotewohl | Class of 2018
The Honorable Michael Bowman recently joined Lincoln Law
School’s faculty as professor of community property.
As a child, Bowman, who was raised by a single mother,
held down a number of jobs in an effort to make ends meet.
He cleaned horse stables and cooked in his uncle’s restaurant
as a teenager. His humble beginnings led him to attend the
California State Polytechnic University, Ponoma where he
decided he had to get serious about his education and his
dream of being an attorney. He later attended the University
of the Pacific, McGeorge School of Law, during which time
he interned at the Sacramento District Attorney’s office.
Directly after graduating from McGeorge in 1988, Judge
Bowman began working as a prosecutor in the Kern County
District Attorney’s Office. Less than five years later, he was
presented with an opportunity to switch sides and become a
defense attorney. Since he grew up watching Perry Mason
with his mother, this new transition was inevitable. Judge
Bowman quickly learned that while Perry Mason always
seemed to pull out a victory for the accused, a real defense
attorney has to savor his victories when he can find them. He
stated that as a defense attorney, there is the constant play of
catching up and typically an attorney is in court, because the
district attorney’s offer is not the best for the accused.
While at work defending suspects in the courtroom, Judge
Bowman taught contracts to law students as well as instructed
law enforcement on criminal justice-related matters for over
a decade. He assisted in the training of police officers on
topics such as testifying in court, obtaining and serving search
warrants as well as running a proper homicide investigation.
Professor Bowman sees teaching community property as an
opportunity to develop a strong basis for the subject matter,
because new judges are often assigned to the family law court
14
on a rotational basis. As he
audited a session of Professor
Gold’s criminal law class, he
became convinced that Lincoln
is the place he wants to teach.
Bowman supports the education
that Lincoln offers, because he
sees the importance of allowing
students with jobs and families to be able to pursue their
goals in the legal field without being bogged down with
unnecessary debt. He brings his philosophy of being
relevant, honest, and brief to his class as they immerse
themselves in the subject of community property.
After years in the courtroom, both at the counsel’s table
and on the bench, Bowman believes he’s figured out what
it takes to be effective in the legal profession. He views his
new position at Lincoln as a chance to help students along
the same path he walked years ago.
Please welcome Honorable Michael Bowman to Lincoln
Law School.
MEET THE WOMAN BEHIND THE MOTTO
“NO HIGH HIGHS AND NO LOW LOWS” HONORABLE BUNMI AWONIYI
By Lusine Sarkisyan | Class of 2016
In July of 1990, Honorable Bunmi Awoniyi, traveled from
England to the United States as a result of receiving the
prestigious Pegasus International Law Scholarship. The Bar of
England and Wales selected Judge Awoniyi to represent their
bar in a foreign nation of her choice for three months. She
selected the United States, because of her fascination with the
American fusion of the legal field. Unlike the United States,
England has two branches stemming out of the legal profession:
a solicitor, who is an attorney that solicits clients and advertises
his or her services; and a barrister, who dresses in a wig and a
robe, only appears in court, and has clients referred to him/her
by solicitors. Professor Awoniyi, after graduating from the Inns
of Court School of Law in England, was admitted to Lincoln’s
Inn as a barrister within the Bar of England and Wales. After
being selected to embark on her adventure, she was set to
move to North Dakota however two weeks before she was to
travel, a law firm in Sacramento contacted her with the hope of
hosting her as their Pegasus Scholar. Thus, Judge Awoniyi made
way to the sunshine state of California.
Professor Awoniyi arrived at the Sacramento International
Airport with two suitcases and some money in her pocket.
She assimilated to life in California quickly, because of her
determination to learn and succeed, however she was faced
with a challenge. In England there is only one law, common
law, while in the United States, in addition to common law,
there exists modern law and the United States Constitution.
Thus, in order for Professor Awoniyi to pass the California bar
exam and practice law in the California, she had to learn
modern law and the United States Constitution. She went to the
Sacramento Law Library and picked up a pamphlet on the US
Constitution and began her own tutorage and at the end of her
three months, she took the bar exam and passed it.
After triumphantly defeating the bar exam on her first attempt,
Judge Awoniyi sought out employment. A local law firm had
an opening for a family law attorney. She took the opportunity
and applied. During the interview she told the hiring attorney
three things: “I will be a quick learner; I will do it well; and I
will be responsible for my own
tutorage”. The attorney hired her
and what was meant to be a
job to make a living turned into
her passion. The experiences
she gained as an attorney and
the skills she acquired led her to
live by a very important motto
that many law students and
new practicing attorneys should
note –“on the hills of a victory
there is a crushing defeat; On
the hills of a crushing defeat is
a great victory, so have no high highs and no low lows”. This
motto and her passion later led to the opening of her own family
law practice, where she became a Family Law Specialist, and
later to the bench in 2012, becoming the first Nigerian woman
to become a judicial officer in the State of California. She is
one attorney who has not followed the traditional footsteps in
becoming a judicial officer, instead she took the opportunities
made available to her and marked her own unique steps to
reach her goal. She did not take deliberate steps in becoming
a judge, she simply made herself available to take on the
opportunities that came her way.
Judge Awoniyi’s uniqueness and passion have led her to Lincoln
Law School to teach Family Law beginning this summer. Her
excitement and enthusiasm to teach and become a part of the
Lincoln team is truly inspirational. She firmly believes that what a
student gets out of learning is what that same student puts in their
learning and in order to truly excel, a student must do more than
the minimum. Her hope for this summer is that her students will be
as excited about family law as she is, come to class prepared
with questions to challenge her knowledge and expertise, and
take away the understanding that family law is not concrete, but
touches on multiple areas of law fused with many emotions.
Let’s welcome Judge Awoniyi to Lincoln Law School!
15
DUE PROCESS
AND SOCIAL MEDIA
YOU’VE BEEN SERVED
By Deborah Bartlett | Class of 2016
The Fifth and Fourteenth Amendments to the United States
Constitution and Article 1 of the California Constitution provide
that no person shall be deprived of life, liberty, or property,
without due process of law. In order to pass muster under the
Due Process Clause as interpreted by Mullane v. Cent. Hanover
Bank & Trust Co. (1950) 339 U.S. 306, 314 and its progeny,
service of process must be “reasonably calculated, under all
the circumstances, to apprise interested parties of the pendency
of the action and afford them an opportunity to present their
objections.” Today, this might include service by social media.
“[H]istory teaches that, as technology advances and modes of
communication progress, courts must be open to considering
requests to authorize service via technological means of thenrecent vintage, rather than dismissing them out of hand as novel.”
(Federal Trade Comm. v. PCCare247, Inc., (S.D.N.Y.Mar. 7,
2013) No. 12 Civ. 7189 (PAE), 2013 U.S. Dist. LEXIS 31969.)
The courts seem to be in agreement that for service upon foreign
defendants, service by alternative methods including facsimile,
e-mail and social media is allowable as long as the proposed
methods of service were not prohibited by the Hague Convention
and the plaintiff provided sufficient evidence to show that there is
a strong likelihood that the defendant would receive notice and
thus satisfy due process requirements. (WhosHere, Inc. v. Orun
(E.D. Vir. Feb. 20, 2014) No. 1:13-cv-00526-AJT-TRJ, 2014
U.S. Dist. LEXIS 22084.)
However, the courts have been sharply divided over whether or
not service on domestic defendants by social media provides
sufficient due process. The United States District Court for the
District of Kansas and the United States District Court for the
Eastern District of Missouri refused to allow Facebook service,
expressing concerns that, while Rule of Civil Procedure 4(e)
allows personal service consistent with the state law where the
district court is located or where service is made, neither state
authorized electronic mail as a form of service, so service via
Facebook would also not qualify. Also, the Missouri court held
that the plaintiff had failed to show that the targeted Facebook
profile was current and active. (Joe Hand Promotions, Inc. v.
Mario Carrette (D. Kan.July 9, 2013) No. 12-2633-CM, 2013
U.S. Dist. LEXIS 109731; Joe Hand Promotions, Inc. v. Shepard
(E.D.Mo. Aug. 12, 2013) No. 4:12cv1728 SNLJ, 2013 U.S.
Dist. LEXIS 113578.)
Additionally, the majority in In re Adoption of K.P.M. (Okla.
Oct. 14, 2014) No. 111905, 2014 Okla. LEXIS 85, held that
sending notice through a Facebook message “is an unreliable
method of communication if the account holder does not check
it regularly or have it configured in such a way as to provide
16
notification of unread messages by some other means.” The
dissent in this 6-3 decision, however, believed that this may
constitute sufficient actual notice, proposing the questions:
“Why would Facebook be any less reliable than other forms of
electronic communication?” and “Does the Court require face-toface confrontation with witnesses?” The dissent also pointed out
face-to-face discussions can be denied as well as letters remain
unopened and faxes can be lost.
However, in 2014 the New York Family Court allowed a father
seeking to modify his child support payments to serve legal
process upon the child’s mother who left no forwarding address
by sending a copy of the summons and petition to her Facebook
account. (Marsh, Julia, Fenton, Reuven and Goldling, Bruce
(Sept, 18, 2014) Judge OKs serving legal papers via Facebook
<http://nypost.com/2014/09/18/judge-oks-serving-legalpapers-via-facebook/> (as of January 1, 2015).)
Legal bloggers have suggested that the plaintiff has the burden to
convince the court that all other reasonable attempts to contact the
defendant have been made, that the defendant is currently using
the social media platform and provide sufficient evidence showing
that the user’s personal information on the social media platform
“matches” or is consistent with the personal information held by
the plaintiff, for example; names, previous address details and
location, that service via social media be performed concurrently
with service by publication in a newspaper circulating in the
relevant area and that the social media platform provide an
affidavit to the fact that the message was sent. (Swales, Lee,
Service of Process via Social Media – A Comparative Approach
(July 15, 2013) <http://www.wassom.com/service-of-processvia-social-media-a-comparative-approach-guest-post.html#sthash.
V1AhNHB4.dpuf> (as of January 1, 2015).)
Finally, the court in Rio Properties, Inc. v. Rio Int’l Interlink (9th
Cir. 2002) 284 F.3d 1007, held that “the Constitution does
not require any particular means of service of process, only that
the method selected be reasonably calculated to provide notice
and an opportunity to respond. (See Mullane, 339 U.S. at
314.) In proper circumstances, this broad constitutional principle
unshackles the federal courts from anachronistic methods of
service and permits them entry into the technological renaissance.
As noted by the court in New England Merchants v. Iran Power
Generation And Transmission Company, (1980) 495 F. Supp.
73, in granting permission to effect service of process via telex
on Iranian defendants, courts cannot be blind to changes and
advances in technology. No longer do we live in a world where
communications are conducted solely by mail carried by fast
sailing ships. Electronic communications via satellite can and do
provide instantaneous transmission of notice and information. No
longer must process be mailed to a defendant’s door when he can
receive complete notice electronically inside his very office, even
when the door is steel and bolted shut.
Technology may provide additional options for service that
did not exist that long ago. It is important to note that although
courts are granting orders for service through social media as
an “alternative” method, it is still not specifically provided for by
statute. Perhaps, legislatures should consider forming a committee
to better understand how this type of service truly affects
due process.
HOW PUBLIC SERVICE CAN MAKE A DIFFERENCE:
AN INTERVIEW WITH ANNE MARIE SCHUBERT
By Dominick Welch | Class of 2016
A meeting with Anne Marie Schubert can leave one with no other
impression than to be inspired. After a twenty five year career
as a deputy district attorney, with eighteen of those spent in
Sacramento County, Anne Marie has had the chance to absorb
our community’s sense of justice and is in the unique position to
build upon it more than anyone else. By creating a program to
engage parents directly and help their children make it to school,
she personifies the modern trend toward a community policing
model which values neighborhood input. By balancing her belief
in the goodness of humanity against the moral responsibility to hold
fellow citizens accountable for their actions, Anne Marie embodies
the spirit of the scales of justice. Through promulgating community
outreach programs, she is taking a proactive approach to curbing
crime. Most importantly, by considering herself a prosecutor and
not a politician, she creates an office environment which values the
duty to serve justice above all else.
Anne Marie comes from a large family of six brothers and sisters
where she learned everyone should have fair and equal rights. She
grew up in Sacramento and attended law school at the University
of San Francisco, graduating in 1989. Ms. Schubert was drawn
to state prosecution fresh out of law school because she saw it
as an opportunity to balance her belief in the decency of people
against the need to hold them to answer for consequences arising
from their actions.
Ms. Schubert began teaching Peace Officer Standards and
Training classes (P.O.S.T.) early in her career. Her favorite class
subjects include those taught to newly hired officers. In her opinion,
these new hires represent the “future of law enforcement” and
their education plays a critical role in effecting future change. In
essence, Anne Marie sees the role of law enforcement as the “front
end” of the criminal justice system: the one which interacts with the
public the most. As such, she feels the most important duty of any
law enforcement officer is to act as a “conduit for the truth.” For
purposes of the criminal justice system, law enforcement officers
act as the tunnel through which the truth of what
happened is relayed as accurately and precisely
as possible to the jury.
Law enforcement as a whole is reactive in nature.
Investigation and prosecution usually happen after the crime
and damage are done. Anne Marie realizes this and has taken
a proactive approach to stop crime before it happens. She
believes this change starts within the community on a “grass roots”
level. Ms. Schubert understands her office is there to serve the
community and not only provide justice for acts done, but make
the county a safer place. This focus on the community is reflected
in Schubert’s choice to update the D.A. logo. By moving away
from the State Capital Building, and
replacing it with the Tower Bridge over
the Sacramento River, the logo is now
representative of our local community
here in Sacramento, rather than our state
community which often convenes
in the Capital Building.
To begin a grass roots level of change,
Ms. Schubert began by focusing on
getting children back to school. The first “Partners against
Chronic Truancy” seminar was held to give several different
officials from the court system access to parents and students
seeking advice and guidance on truancy. In these coordinated
meetings the District Attorney, Public Defender, superior court
judges, and Department of Human Assistance convene to
explain their role in the truancy process directly to the parents.
Each agency explains the role they play when students continue
to miss school, and the reasons to take their education seriously.
The turnout has been amazing; with upwards of three hundred
parents and students attending any given meeting. The DA’s
office created these events under a common goal to help
parents “achieve a better life for their child.” The presentation is
constructed “not second guess the parents,” but rather to explain
they are “partners in their child’s future, and have the same
goal.” To see so many opposing forces who do not usually
partner come together for the good of the community
is a personification of the modern trend towards
community collaboration.
Ms. Schubert continues to personify this trend by building
upon programs originally started by former District Attorney
and Lincoln Law School alumni, Jan Scully. Programs such as
the “Community Prosecutor Program” address crimes affecting
the quality of life of Sacramento residents; including graffiti,
vandalism, prostitution, and drug sales. These crimes also effect
what young people consider permissible acts; and, therefore
set the standard our community will live by in the future. By
establishing a special team with prosecutors assigned to each
of the specific sections of Sacramento, there is a chance to
create and keep Sacramento’s communities prosperous.
To Anne Marie, one of the most important continuing duties
for the leader of a criminal prosecution office is to foresee
future changes in the criminal landscape and stay ahead of
them. In her opinion, electronic advancement is one of the
important issues for law enforcement to stay ahead of. Electronic
communication is making victims more accessible to perpetrators
in a variety of ways. Furthermore, the fact that many older 17
17
HOW PUBLIC
SERVICE CAN MAKE
A DIFFERENCE: AN
INTERVIEW WITH ANNE
MARIE SCHUBERT
CONT.
individuals do not comprehend the workings of the internet, realtime communication, electronic banking, or username-password
relationships, leaves a large opportunity for criminals to take
advantage of the elderly. These electronic transactions offer
several advantages to criminals in their commission of crime,
ranging from attacking victims anonymously, using false names,
and gaining access from any computer terminal, including ones
readily available in libraries and cafes.
Electronic advancement has created a hotbed of hidden online
crime which needs addressed. No longer does the typical sex
offender hide out in the park; but rather, hides anonymously
behind a computer. Anne Marie cites community outreach and
education as the most important factors in fighting these hidden
online crimes. At risk victims need to be educated on how
the information they put out electronically can be used to
their detriment.
WOMEN’S MONTH
A CELEBRATION
OF WOMEN
IN THE LAW
By Laura Bateman | Class of 2016
“WJS is a dynamic and diverse organization that is working
to support, advance, and encourage its members to achieve
their professional and personal goals and combine their talents
and resources to make a positive difference within Sacramento
and its surrounding communities. WJS seeks to celebrate the
achievements of its members, address challenges, and facilitate
continued progress by providing support in both professional
and personal capacities.”
When we wrote our statement of purpose last September we
had only the vaguest notion of how these words would translate
into action. We wanted to offer something special, something
relevant, and something fun—and in March, we delivered.
Throughout March WJS sponsored Women’s Month—A
Celebration of Women in the Law. From guest speakers, to
panel discussions, game night, self-defense and research tips,
Anne Marie plans to adopt the equal opportunity programs
and community service programs already put in place by
former DA Jan Scully, as well as create new ones to evolve with
modern times. Anne Marie succinctly summarizes her blue print
for maintaining public safety as prosecution, prevention, and
innovation. She understands the District Attorney is a government
entity and as such is limited in resources. Therefore, her job is to
use these limited resources to make the greatest change possible
for our Sacramento community.
there was something for everyone—even a fashion show.
In closing Anne Marie has some words of wisdom for our
California law school students. She first urges students to “find
their passion” and “be authentic.” Aside from being true to one’s
self, Ms. Schubert emphasizes the importance of being true to
the world. Anne Marie leaves us with her belief that the most
important quality of any lawyer is integrity first and persistence
second. As she states best, “nothing can replace the truth.” This
is a universal maxim which every law student should take to
heart. Especially in modern times, when the precarious lawyer
is often hailed as the television hero, it is important to remind
ourselves that an exceptional attorney pushes the limits of our
laws, but never crosses outside them.
which women continue to face in the legal profession.
Our celebration kicked off with the Honorable Laurie M. Earl,
2005 Lincoln Alumnus of the Year, 2010 Judge of the Year, and
2013 recipient of the prestigious Ronald M. George Award for
Judicial Excellence, sharing her insights and experiences over
her nearly 30-year legal career. Judge Earl spoke frankly and
with good humor on topics ranging from windowless basement
offices, balancing work and family and overcoming challenges
Week two brought equal doses of academic support and
roaring good times. First, at a well attended presentation by 4L
and librarian Rose Turner, students received practical tips and
tools for doing legal research that you likely would not learn
about in class. Although the idea for this event was originally
conceived as a way to help 2Ls get through Legal Research
and Moot Court, the 3 and 4Ls in attendance also learned a
few new tricks. This year, not only will Rose earn her J.D., but
will also be completing her Masters of Library Science; if you’re
looking for help with a research project she’s the go-to person.
For those of you who do not know her, Rose is a founding
18 18
board member and first President of WJS. During her tenure,
only as Dean Schiavenza moderated a lively discussion
of issues relevant to aspiring lawyers. On topics ranging
from courtroom etiquette to advances women have made
in the field of law, the esteemed panelists, Hon. Steven
Gevercer, Hon. Curtis Fiorini and Profs. Linda Parisi,
Filomena Yeroshek and William Wright offered their unique
perspectives, shared stories from their personal experience
and offered advice to students. Huge thanks to the Dean
and our professors for making this a spectacular event.
Rose led with quiet grace and dedication and she
As the month was drawing to a close, while members were
will be greatly missed. Join us in wishing her well in
cleaning up and packing away leftovers in classroom C,
all her future endeavors.
only one question remained—how did things go with the
Hilarity ensued when 3L Chris Testerman hosted Women’s
Trivia Game Night where three teams, the Clappers, Tooters
and Shakers, went head-to-head in a rousing game of
Jeopardy. The competition was intense, coming down to the
Final Jeopardy answer, and— the Tooters won! Surprisingly,
silent auction? I’m very pleased to say that WJS raised
nearly $900 in its first fundraising effort, a large portion of
which can be attributed to the Dean, Prof. Rouse and Prof.
Gold who each, in a show of support put themselves on
the auction block.
this event also had several tense moments when the prizes
By most accounts, Women’s Month was a huge success,
went missing. A certain 3L, who will not be named,
made possible only by the combined efforts of WJS
pranked us good. In the end, everyone went away with a
members, students, staff and alumni. Thanks to Jackie
sweet treat and fond memories.
Creel for organizing speakers and panelists; Chris
Things kicked into high gear during week three when WJS
presented the Dress for Success Fashion Show featuring
suits and business-casual wear from Macy’s at Arden Fair
Mall. Student models strutted their hand picked attire on
the “runway”, while a panel of five judges critiqued the
various attires for venues including the court room, job
interviews, casual Fridays and social events. We learned
that shoes matter, prosecutors tend toward the conservative,
striped socks are definitely “in” and, when in doubt—wear
panty hose. Heartfelt thanks to our judges: Hon. Judge Dee
Brown, Profs. Rob Gold, Filomena Yeroshek and Raymond
Rouse, and school administrator Linda Smolich who kept
Testerman, Ana Perez and Yasaman Keshavarz for creating
and hosting Trivia Night; Lucy Sarkisyan for organizing
the fashion show and self-defense events; Rose Turner
for creating and presenting the legal research tutorial;
to Deborah Bartlett, Sundeep Thind and Beth Fortune
Handy for doing anything and everything to support this
undertaking; and to our faculty advisor Prof. Heather
Kenny, for catching us when we stumbled. To the students
and WJS members who modeled at the fashion show—
you ROCK! And lastly, to the staff, alumni, professors and
the Dean—special thanks for your unending support and
dedication to WJS and to the students of Lincoln!
things fun while offering praise, gentle criticism and
practical pointers on how to “Dress for Success.”
Also during week three, Lisa Thew, owner and instructor
of Diamond Defense, gave an outstanding presentation
with the simple mission of providing women and girls in
the Sacramento region with access to and empowerment
through self-defense training. While largely focused on
awareness and threat avoidance, attendees also got
practical advice like the proper way to hold a key as a
weapon and how to gouge the eyes out of someone who is
choking you. From start to finish, Thew had our full attention
and everyone went away feeling much more informed,
confident and just a bit safer than when we had arrived.
Week four, on March 24th, WJS held a silent auction
and presented its grand finale, “Women in Legal Practice,
Then and Now”, panel discussion. It was standing room
19
REFORMING AND PREVENTING THE
MISAPPLICATION OF THE ADA:
ENABLING BUSINESSES AND PEOPLE WITH
DISABILITIES TO FIND COMMON GROUND
By Zachary Varanini | Class of 2015
2015
VO I R D I R E
WRITING COMPETITION
F I R S T P L AC E
Quixotic is the citizen of California who decides to start a small
business, facing a seemingly insurmountable task of navigating
the dangerous waters hiding snares and traps appearing in
the form of licenses, permits, taxes, and zoning regulations.
However, everyday brave men and women begin the process
of fulfilling their dreams of opening a restaurant, parlor, or
store. They invest substantial sums of money, as well as massive
amounts of physical and mental energy, placing themselves in a
position where they can lose everything if the business fails; such
is the risk of a starting a business anywhere. However, there is
another risk lurking in the parking lot or circling the sink in the
bathroom – the ADA lawsuit.
In 1990, Congress passed the Americans with Disabilities Act
(ADA), which was signed into law by President Bush. In support
of the ADA, the congressional findings state, ”individuals with
disabilities continually encounter various forms of discrimination,
including outright intentional exclusion, the discriminatory effects
of architectural…[and] failure to make modifications to existing
facilities and practices, exclusionary qualification standards
and criteria, segregation, and relegation to lesser services,
programs, activities, benefits, jobs, or other opportunities”1
The ADA explains its purpose is fourfold: to provide clear and
comprehensive mandate for elimination of discrimination; to
provide clear and enforceable standards; to ensure the federal
government plays a central role in enforcement; and to use the
plenary congressional powers granted by the Commerce Clause
and the 14th Amendment.2
The clear and noble purpose of the ADA is to provide for the
protection of those individuals with disabilities and to enforce
reasonable standards of accommodations upon businesses open
to the public. Per the Equal Protection Clause created by the 14th
Amendment, “nor [shall any State] deny to any person within
its jurisdiction the equal protection of the laws.”3 Conspicuously
absent from the stated purposes of the ADA is the creation of
a mechanism whereby attorneys may invoke the regulations
prescribed in the ADA for what is tantamount to extortion of
small businesses. Clearly, that purpose would be contrary to the
rationale presented in the congressional findings.
While extortion may be an incendiary term, its usage is
necessary to accurately describe how a small number of
attorneys have been using the ADA to make a quick profit off
20
of small businesses in California. Californian businesses became
especially susceptible to ADA lawsuit abuse after the enactment of
the Unruh Civil Rights Act (UCRA), which states, “All persons within
the jurisdiction of this state are free and equal, and no matter what
their…disability…are entitled to the full and equal accommodations,
advantages, facilities, privileges, or services in all business
establishments of every kind whatsoever.” The California Civil Code
prescribes the following re a violation: “Whoever denies, aids or
incites a denial, or makes any discrimination is liable for each and
every offense for the actual damages…in no case less than four
thousand dollars.”5
The purpose of this language was to coerce businesses to voluntarily
construct or modify their premises to be in compliance with ADA
and CDPA regulations. In the event that self-compliance does not
occur in California plaintiff’s attorneys may act as a private attorney
general, earning attorney’s fees in the process, in order to enforce
an important right affecting the public interest. In California, this
concept is codified in the California Code of Civil Procedure.6
Plaintiff’s attorneys, acting under the private attorney general
doctrine, would object to the use of the term extortion and would
instead argue that they are merely requiring businesses to comply
with the letter of the law. However, David Warren Peters of Lawyers
Against Lawsuit Abuse says, “If you fully comply with the ADA —
and only with the ADA — in California, you can still be sued.
Only 2% of buildings are compliant in California since the ADA
guidelines went into effect.”7 The estimated number of ADA lawsuits
filed over the last decade is between 25,000 and 35,000, with
42 percent being filed in California.8 Again, plaintiff’s attorneys will
argue that there are more people and new construction, therefore
a higher percentage of lawsuits are filed in the state. However,
California’s unique and contradictory state regulations lead to many
businesses, after performing good faith inspections, simply being
unaware of a violation.
Examples abound of small businesses being sued for minor
violations of the ADA: a handicapped-accessible parking sign
facing a store instead of the parking lot9; a soap dish dispenser an
eighth of an inch to high10; a lobby not displaying the International
Symbol of Accessibility11; a restaurant chair left in an aisle12; or a
recycling bin which impeded the door to a restroom13. Many of
the violators remedied the situation, like the business that simply
moved the chair away from the aisle. However, each of these
businesses was served with a demand letter citing the ADA and
UCRA regulations and threatening litigation. In each of these cases,
as with many of the cases brought by the most prolific filers of ADA
and UCRA lawsuits, the business was offered a chance to settle out
of court – sometimes for $4,000, other times for $40,000.14,15
In one of the most extreme examples of a corrupted application of
the ADA and UCRA, in Turlock, a complainant filed 14 identical
lawsuits against businesses alleging ADA violations. One restaurant
in particular failed to include “tow away” warning signs over
handicapped-parking spots. Within four hours of receiving the
complaint, the owner had installed the proper signs. The remedy
was too little too late; for the violation, the restaurant had to pay
$15,000 in costs, including $5,500 to settle the claim.16 The
restaurant must pay that amount from monies that could have been
used to hire more servers or otherwise expand the business –
instead, the settlement stayed the lawsuit for the time being.
Ultimately, the result of ADA demand letters and lawsuits is similar
to paving a road with good intentions. Reasonable people would
agree that businesses should take all steps necessary to make
their premises accessible to all citizens; those same people would
agree that the beneficiary of the ADA and UCRA regulations should
be that those with disabilities can expect reasonable access to a
business’s premises, not that a small cadre of plaintiff’s attorneys
would turn a tidy a profit on the backs of those least able to bear it.
As a result of the actions of these attorneys, long-standing institutions
have closed, workers have been laid off, and there are an
unknowable number of businesses that never materialize due to fear
of the litigious environment created by these statutes. Another victim,
less often spoken of, is those who are disabled. Their image is
tarnished by the wide and indiscriminate brush wielded by plaintiff’s
attorneys creating an impression that people with disabilities spend
all their free time trying to make other people’s lives miserable.
ADA abuse is unquestionably a serious issue being given careful
consideration by state and federal lawmakers. In 2012, Senator
Dianne Feinstein wrote a letter to the leader of the California State
Senate, Darrell Steinberg. In that letter, Senator Feinstein warned
State Senator Steinberg that if the state legislature failed to pass
legislation curtailing “abuse lawsuits...and coercive demand letters,”
she would propose federal legislation to remedy the abuses.
She went so far as to call the plaintiff’s attorneys’ tactics akin to
a “shakedown.”17 At the state level, there is a bipartisan effort to
pass the type of legislation to which Senator Feinstein referred. Two
members of the California State Assembly, Kristin Olsen (R) and
Adam Gray (D), have proposed two pieces of legislation relating to
ADA lawsuit abuse. Gray introduced Assembly Bill 52 which would
allow small businesses six months to remedy violations of the ADA.18
Olsen introduced Assembly Bill 54 which would give businesses
60 days to remedy a problem after receiving notice, if the claim
is based on standards that have changed within the last three
years.19 In January of this year, State Senator Cathleen Calgiani (D)
proposed Senate Bill 67 which would require that plaintiffs suffer an
actual harm in order to have standing – they cannot merely spot a
violation. Additionally, SB 67 would allow businesses four months to
remedy any violations.20
The bipartisan effort is certainly an encouraging start, but it may not
go far enough. In order to truly effectuate meaningful reform, the
legislature should consider proscribing the use of demand letters; if
not the legislature, then perhaps the State Bar of California could
require certain standards to be met in order to send a demand letter.
In fact, removing the private enforcement mechanism entirely would
immediately solve the problem. In its place the legislature should
empower the Attorney General of California to investigate and
assess penalties to offending businesses, with the time to resolve
the issue before receiving the penalty. Businesses, whose premises
are historical in nature or otherwise standing for a period of 25
years or more, should be permitted to make good faith reasonable
accommodations in order to avoid the prescribed penalties. Good
faith accommodations should be the standard, as it is impossible to
guarantee absolute equal access to all premises.
For 25 years, small businesses have been subjected to ADA
lawsuit abuse. These same businesses, in good faith, may try to
conform to the regulations of the ADA but fail to conform to the
UCRA regulations. In order to stimulate growth in the private sector,
providing additional safeguards to current and new business
owners will provide enough cover to allow budding entrepreneurs
an opportunity to realize their dream. It is time to allow those
quixotic citizens to take their chances with windmills of enterprise
without the fear of being stopped in their tracks by a profiteering
attorney looking to make a fast dollar. With more businesses in
California, there will be more economic prosperity in the state,
which will translate into benefits for disabled and able-bodied
people alike.
1
42 U.S.C.A. § 12101
2
Id.
3
U.S. Const. amend. XIV
4
Civ. Code, § 51
5
Civ. Code, § 52
6
Code Civ. Proc., § 1021.5
Stateman, Lawsuits by the Disabled: Abuse of the System? (Dec. 29, 2008) Time
<http://content.time.com/time/nation/article/0,8599,1866666,00.html> (as of Feb.
23, 2015)
7
8
May, Disabled ‘serial plaintiffs’ do legal battle with small businesses over access issues,
S. J. Mercury News (Feb. 18, 2014) < http://www.mercurynews.com/business/
ci_25168898/disabled-serial-plaintiffs-do-legal-battle-small-businesses> (as of Feb. 23,
2015)
Stapley, Lawsuits fail to satisfy either side of ADA coin, Mod. Bee (Aug. 30, 2014)
<http://www.modbee.com/news/local/article3171079.html> (as of Feb. 23, 2015)
9
Id.
10
Pemberton, Arizona pedophile sues 6 SLO County businesses for alleged
ADA violations, S.L.O. Tribune (Feb. 6, 2015) < http://www.sanluisobispo.
com/2015/02/06/3479021/robert-mccarthy-lawsuit-ada-business.html > (as of Feb.
23, 2015)
11
12
Sahagun, Suits by disabled raise questions on litigation law, L.A. Times (Sept. 18,
2010) <http://articles.latimes.com/2010/sep/18/local/la-me-lawsuits-20100918>
(as of Feb. 23, 2015)
13
Ross, Small-business owners targets of ADA lawsuits, S.F. Chronicle (Nov. 16,
2011)<http://www.sfgate.com/business/article/Small-business-owners-targets-of-ADAlawsuits-2289356.php> (as of Feb. 23, 2015)
14
Stapley, Wave of disability lawsuits threatens small businesses in Stanislaus
County, Mod. Bee (June 21, 2014) <http://www.modbee.com/news/business/
article3166747.html> (as of Feb. 23, 2015)
15
Stanton, Top 10 filers of 2005 federal ADA filings in California, Sac. Bee (Nov. 11,
2006) <http://www.sacbee.com/incoming/article2571503.html> (as of Feb. 23,
2015)
16
Giwargis, Atwater woman sues 21 businesses in Merced and Stanislaus counties, Mod.
Bee (Aug. 22, 2014) <http://www.modbee.com/incoming/article3170405.html> (as
of Feb 23. 2015)
Ross, Feinstein seeks end to abusive suits against firms, S.F. Chronicle (Dec. 2, 2012)
<http://www.sfgate.com/business/bottomline/article/Feinstein-seeks-end-to-abusive-suitsagainst-firms-3453687.php> (as of Feb. 23, 2015)
17
18
Official California Legislative Information [Legislative Counsel of California]< http://
leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB52&search_
keywords=> (as of Feb. 23, 2015)
19
Official California Legislative Information [Legislative Counsel of California] <http://
leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB54&search_
keywords=> (as of Feb. 23, 2015)
20
Official California Legislative Information [Legislative Counsel of California] <http://
leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB67&search_
keywords=> (as of Feb. 23, 2015)
21
THE HOBBY LOBBY
RULING: A LEGAL
PANDORA’S BOX
By Ivan Bucheli | Class of 2017
2 0 1 5 VO I R D I R E
WRITING COMPETITION
S E C O N D P L AC E
In June of 2014 the Supreme Court ruled on the controversial cases of
Burwell v Hobby Lobby, and Conestoga Wood Specialties v. Burwell,
134 S.Ct. 2751 (U.S.,2014). In the precedent-setting cases which
were argued jointly, Hobby Lobby and Conestoga Wood Specialties
argued that the mandate of the Affordable Care Act compelling
for-profit corporations to provide insurance coverage that includes
contraception coverage violated the Religious Freedom Restoration
Act of 1993 (RFRA), 107 Stat, 1488, 42 U.S.C. 2000bb et seq.,
and the Free Exercise Clause of the First Amendment.
The Basis of the argument was as follows: “that the regulations that
impose this obligation violate RFRA, which prohibits the Federal
Government from taking any action that substantially burdens the
exercise of religion unless that action constitutes the least restrictive
means of serving a compelling government interest.” (Hobby Lobby,
supra, p. 2759).
The birth control mandate included twenty types of contraception
which were approved by the FDA as contraceptives and not
abortifacients. Hobby Lobby specifically argued against four of the
twenty contraceptives, which according to its religious beliefs are
capable of causing abortion.
The Hobby Lobby ruling raises some interesting issues: Can a
corporation exercise and impose religious beliefs on its employees?
Is the mandate serving a compelling government interest? Does the
mandate constitute the least restrictive means of serving a compelling
government interest? Are the four protested types of contraceptives
capable of causing an abortion?
Can a corporation exercise and impose religious beliefs
on its employees?
The Affordable Care Act exempted expressly religious organizations
from certain provisions they found objectionable, such as providing
health insurance for contraceptives. As a condition for exemption,
organizations should comply with certain requirements such as being
a nonprofit religious group. Hobby Lobby as a for-profit organization
should not have been exempt from the mandate; however the U.S.
Supreme Court ruled that “closely held corporations” can refuse on
religious grounds to offer their employees contraception coverage. They
defined as “closely held corporations” those that are not publicly traded
but which are owned and controlled by members of a single family.
The issue to consider is whether the owners of the companies challenging
the mandate can exercise their religious beliefs through their company.
The U.S. Supreme Court held that they can since Hobby Lobby and
Conestoga Woods are “closely held corporations.”
Defenders of the Court’s position state that First Amendment
protections have been attributed to companies in the past, such as
the freedom of expression in the case of New York Times Co. v.
Sullivan, 376 U.S. 254 (1964). A corporation also should be
allowed, under the same principle of freedom of expression, to
have privileges concerning religious beliefs. The difference, in
this case, is the applicability of the Constitutional protections. On
one hand, the freedom of press and expression does not impose
a burden on the reader or the listener. An opinion or expression
of an idea is not enforceable. In regards to the expression of a
religious belief, the standard should be the same as the one of
freedom of speech. Any person or company should have the right
to their religious views. The problem appears when those views
are imposed on others. The religious views of the Green family,
who own Hobby Lobby, should not affect the provisions of a
public program enacted to promote health care. In accepting the
Hobby Lobby argument, the court not only allowed the Green
family to impose their religious views on their more than 13,000
employees, but the ruling also imposed the Green’s family religious
beliefs over the entire nation. The decision can generate a greater
issue because other companies can use the same argument of
“religious beliefs” to dictate particular views with respect to stem
cell therapy, blood transfusions, polygamy, etc.
In the case of Employment Division, Department of Human
Resources of Oregon vs. Smith, 494 U.S. 872 (1990), Two
Native Americans who ingested peyote as part of their religious
ceremonies as members of the Native American Church were
fired from work. The issue was whether the State can deny
unemployment benefits to a worker fired for using illegal drugs for
religious purposes. The court stated that an individual’s religious
belief does not excuse him from compliance with a valid law. Here,
Justice Scalia, who wrote the majority opinion citing Reynolds v
United States, 98 U.S. 145, 25LED.244 (1978), stated: “Laws
are made for the government of actions, and while they cannot
interfere with mere religious belief and opinions, they may with
practices… Can a man excuse his practices to the contrary
because of his religious belief? To permit this would be to make
the professed doctrines of religious belief superior to the law of the
land, and in effect to permit every citizen to become a law unto
himself.” Id., at 166-167.
In this case, the court is excusing Hobby Lobby from compliance
with a valid law due to its religious beliefs. It is difficult to find a
reason why in Hobby Lobby Justice Scalia departed from his own
rationale other than perhaps political motivation.
The second issue to consider is based on corporate law.
Corporations are entities created separately from their shareholders.
The Amicus Curie brief of Corporate and Criminal Law professors
in support of petitioners, states: “The first principal of corporate law
is that for-profit corporations are entities that possess legal interest
and legal identity of their own-- one separate and distinct from their
shareholder.” The Court emphasized “incorporation’s basic purpose
is to create a distinct legal entity, with legal rights, obligations,
powers, and privileges different from those of natural individuals
who created it, who own it, or whom it employs.” Cedric Kushner
Promotions Ltd. v. King, 533 U.S. 158, 163 (2001).
The essence of a corporation is to create a completely separate entity
from its shareholders with different rights and duties. The corporation
shields its shareholders from personal liability. Thus, allowing a
company to impose the religious beliefs of its owners appears to
contradict the separation of natural persons and corporations. If a
corporation is allowed to impose religious beliefs, there is a risk of
allowing certain kinds of discrimination on the basis of religion.
Is the mandate serving a compelling government interest?
With respect to this topic the court states:“HSS asserts that the
contraceptive mandate serves a variety of important interests, but many
of these are couched in very broad terms, such as promoting “public
health” and “gender equality.” (Hobby Lobby, supra, p. 2779).
The court implies that contraception is not vital health care. They
indicate that “public health” is too broad; however, there are general
laws with broad coverage that serve a compelling government interest
such as vaccinations that are mandatory for children prior to attending
school. Such regulations promote and protect “public health.” The
Court appears to ignore the health benefits that contraception
provides, and narrow their view to the prevention of unwanted
pregnancies. The Center for Disease Control and Prevention identified
family planning as one of the greatest public health achievements of
the twentieth century, an advance that improves social and economic
roles for women. Contraceptives in multiple cases provides a great
variety of health benefits for women. It is evident the mandate did
serve a compelling government interest, which the court ignored.
Does the mandate constitute the least restrictive means of
serving a compelling government interest?
With respect to this issue, the analysis of the court states:“The leastrestrictive- means standard is exceptionally demanding, see City of
Boerne, 521 U.S. at 532, 117 S. Ct, 2157, and it is not satisfied
here.” The Court continues: “The most straightforward way of doing this
would be for the Government to assume the cost of providing the four
contraceptives at issue to any woman who is unable to obtain them
under their health insurance policies due to their employers’ religious
objections.” (Hobby Lobby, supra, p. 2780) Avoiding a responsibility
by delegating the duty to another seems naive because, without a
doubt, it would be less restrictive to pass the task to someone else.
Supporters of the court ruling state that a corporation should not be
forced to pay for woman’s contraceptive; however, the mandate
only states that the corporation provides health coverage to their
employees and the health insurance policy must comply with the
mandate. It is up to the employee whether or not to use their health
plan for contraceptives. There is no difference between using their
salaries, paid by the corporation, to buy contraceptives and using
their health insurance. Providing health coverage allows the employee
to exercise his/her rights, while the employer does not directly
provide contraceptives, but simply health coverage. It should be the
prerogative of the employee and not that of the employer to use the
health plan according to his/her individual needs.
Are the four protested types of contraceptives capable
of causing an abortion?
This point is related to contentious debates similar to the arguments
for evolution or global warming. It appears that semantics instead of
scientific facts tend to control the discussion.
The Court states: “The owners of the companies involved in these
cases and others who believe that life begins at conception regard
these four methods as causing abortions, but federal regulations,
which define pregnancy as beginning at implantation, do not so
classify them.” (Hobby Lobby, supra, p. 2763).
Hobby Lobby argued that the four contraceptives (Plan B, Ella, Coper
IUD and Mirena) impaired implantation of a fertilized egg, which
according to their religious beliefs constitutes an abortion. The FDA
indicated that one of the four contested contraceptives, (Copper
IUD), may impair a fertilized egg from implanting in the uterus. But,
even if the four contraceptives would impair implantation, there
would be no abortion, just prevention of a pregnancy. Prevention
is not abortion. An abortion is the termination of a pregnancy. If
pregnancy, according to federal regulations, begins at implantation,
then the contraceptives could not cause abortion since they would
impair implantation.
The court continues: The owners of the business have religious
objections to abortion, and according to their religious beliefs the
four contraceptive methods at issue are abortifacients.” (Hobby
Lobby, supra, p. 2759).
The issue here is that the Court allows Hobby Lobby’s religious
beliefs and not science or facts, to define what the effects of
the four contraceptives are. The fact that Hobby Lobby does not
believe in abortion should not be objectionable, but their religious
belief defining what the contraceptive does is very objectionable.
The FDA clearly has indicated that the four contraceptives are not
abortifacients. Following the Court’s rationale an individual who
dislikes abortion could say that according to his religious beliefs
drinking six glasses of water a day causes an abortion. Which
would not be so different from Hobby Lobby saying that the four
contraceptives cause an abortion. Both are factually incorrect
statements that can be disproven by science.
With this decision, the U.S. Supreme Court might have opened the
door to a series of unintended consequences. At this point, there are
no less than 40 cases pending in which the owners of companies
are challenging the contraceptive mandate in regards to all
contraceptives. In Utah, Federal Judge David Sam citing the Hobby
Lobby ruling, held last September, that a member of a polygamist
religious sect could refuse to testify in a federal investigation into
alleged violations of child labor because he objected to testify on
religious grounds. In the future, there will be many more cases in
which the Hobby Lobby ruling will have a powerful impact.
Sometimes political bias instead of reason and legal analysis
influences the outcome of legal cases. Even though religion and faith
impact some legal normativity, it is also important to recognize where
to draw a line between religious beliefs and law. Such separation of
powers is paramount for a society to coexist in peace.
James Madison said it best: “The civil government…functions with
complete success… by total separation of the church from the State.”
(1819, Writings, 8:432)
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GRADUATION
COMMENCEMENT SPEAKER:
SENATOR DARRELL STEINBERG
By Rick Beno | Class of 2018
After more than 20 years of serving the State of California, most
recently as the President pro Tempore of the Senate, Senator
Darrell Steinberg is moving on to the next stage of his career. He
recently became a shareholder in the Greenberg Traurig law firm
as the Chair of their California Government Law & Policy Practice.
The Senator will be the 2015 Lincoln Law School Commencement
Speaker and we had a chance to discuss his early life and law
career and reflect upon some of his accomplishments.
“The professions of lawyer and politician are both honorable
professions that are held in high regard” says Senator
Steinberg. There is a connection, a natural extension between
serving the public as a lawyer and serving as a politician.
Being a politician is simply another way of practicing law as
there are many different ways to serve. So he embarked upon a
20 year political career, first with the Sacramento City Council
and later running for state office.
Early on, Senator Steinberg knew he valued serving others and
had a knack for debate. He enjoyed spirited discussion so much
that law school seemed like a natural fit. His torts professor, Dan
Dykstra, taught with such enthusiasm that he was able to instill
in his students a certain joy and love for the law. This left quite
an impact on the future Senator; however, it was constitutional
law that really grabbed his attention. He enjoyed its American
history aspect and finding the fragile yet natural balance between
an individual’s civil rights and how a government can facilitate
or support him or her. Little did Senator Steinberg know, this
background would yield fruit years later when he was called
upon to help forge a way through California’s unprecedented cost
cutting and budget balancing negotiations necessitated by the
worst economic crisis since the Great Depression.
Senator Steinberg is most proud of his accomplishments in the
California Senate helping to lead the state during the worst
recession in California history since the Great Depression by
fashioning the necessary legislation for its economic recovery
from a $42 billion deficit to a surplus budget. In addition, he
wishes he could have had made a larger impact in changing
how the funding of state government is structured. The current
financing model is said to be fraught with instability, in that, it is
vulnerable to serious cycles of ebbs and flows in cash and this
is entirely inconsistent with the mission of state government.
While attending UC Davis School of Law, Senator Steinberg, felt
quite fortunate to not need to work a full time job. This does not
mean he did not seek out challenges and internships to fill the
small amount of free time he had. He believes that it is essential
for law students to pack as much practical experience as they can
fit into their schedule, as there is no substitute for applying what
you have learned to real world problems. In this way you can
directly connect the law to the people and that is what being a
lawyer is all about. Of course, a paid internship is something to
seriously consider, but Steinberg emphasized obtaining a quality
internship rather than simply performing perfunctory legal work
for compensation. He spent some time in the public defender’s
office and was able to witness first-hand the struggles faced by
the people he assisted. This profoundly affected his perspective,
and he strongly recommends that students become fully engaged
in their internships.
Senator Steinberg profoundly respects the students of Lincoln Law
School as he understands the incredible level of commitment
required to pursue a juris doctorate degree. He appreciates the
mature student body demographic as well because of their astute
adult perspectives, their tenacity to not be knocked off the rails
by a poor grade in a course and for bringing a realistic point of
view to their law school studies. However, he stresses that every
student should stop and “pat themselves on the back once in a
while” too because law school is difficult, and they should take
the time to recognize their achievements and enjoy their time
learning about the law.
One law he was instrumental in getting on the books was
directed specifically at teens. SB 568, implemented on January
1, 2015, provides a measure of social media protection for
children and adolescents under the age of 18. In essence,
this law requires social media websites, like Facebook and
others, to provide an “eraser” button for adolescents when
they reach the age of 18 allowing them to delete their posts
or other information. “This is a ground breaking protection for
our kids…” says Senator Steinberg. “They deserve the right
to remove material that could haunt them for years to come.”
This legislation also provides additional protection on websites
that are specifically directed to minors by prohibiting harmful
advertising of products which would otherwise be illegal for
minors to purchase, i.e., alcohol, tobacco and firearms.
Today, Senator Steinberg is looking forward to continuing his
service to the people of California through the Steinberg Institute
for Advancing Mental Health Policy. The institute seeks to build
“a full network of community services and support for people
living with mental illness.” Senator Steinberg will also serve as
the Director of Policy and Advocacy for the Behavioral Health
Center of Excellence at UC Davis in addition to his work at
Greenberg Traurig.
Lincoln Law School is proud to have Darrell Steinberg as its
2015 commencement speaker. We thank Senator Steinberg
for his leadership and significant contributions to the State of
California and wish him well on his new endeavors.
VALEDICTORIAN’S
MESSAGE
By Mitchel Miller | Class of 2015
I have been told through all four years of law school
to remember exactly what happened the last four years.
that an attorney’s reputation begins in law school.
Now that graduation looms, I know that I and my fellow
The valedictorian is, supposedly, the highest
classmates are very happy to see the finish line.
academically ranked student in a graduating class.
Despite not remembering much of the last four years, I
However, it must be noted that “valedictorian” does
can remember a story about each and every one of my
not mean highest academically ranked student in a
classmates. Jody Johnson will gladly tell you why, during
graduating class. The valedictorian is the student who,
our pre-first year class of Legal Skills, he chose to sit next
during the graduation ceremony, gives the valedictory,
to me. Vanessa Mosby will tell stories of our writing group
one of the closing speeches of the ceremony. It just so
in Legal Writing for first year. Ryan Davis, Vadim Kobrya,
happens that many academic institutions give this honor
Tony Regner, and Daniele Schlehofer will have a great
to the highest academically ranked student.
number of stories about study groups together (and the
However, there is more to my class, and myself, than
our academic ranks.
arguments within). Dennis Jones will tell you how mutual
competition, and a little trash talk, between two students
will drive them both harder than if they only had to be
When I began law school, my fellow classmates and
accountable to themselves. Zeb Davis and Dmitry Terlesky
I were told that about one-third of us would complete
will tell you of our Fantasy Football league and the rivalries
law school; the remainder would try but fail. As I look
within. Zachary Varanini, Angelina Singer, and Reshelle
at the list of my fellow graduates, I see higher than that
Cable will tell you about interning together at the District
have made it through (approximately half). Indeed, our
Attorney’s Office. A multitude of other stories exists, both
class even added a handful of new members, despite
my classmates’ and mine, but those will have to wait.
losing many throughout first and second year. Now
we graduate with over 50 students, only to face an
obstacle that will deplete our numbers by another 50%.
My only point is that throughout these four years we have
all had experiences as a group, both in and out of class,
that have made us more than just names on an attendance
As I look back now, I realize law school was unlike
sheet. Classmates have spoken their opinion, competed
many other feats. In the beginning, I was fresh and
against one another in Moot Court and Trial Advocacy,
excited, as to be expected. I felt the demands of law
and interacted with each other at least three days a week
school consume much of my life, and I gladly focused
for the past four years. As we enter the legal field as new
my time and effort towards completion. During the
attorneys, I hope that these memories follow my friends
middle, I felt the days and weeks drag with every class
and I. Our reputations began on the first day of law
attended and every test completed. I could neither see
school, for what is our reputation but stories and memories.
the light at the end of the tunnel nor could I really see
where I was when I began. Now that it is over, or near
enough, it feels as though law school was over much
quicker than I expected. Do not misunderstand; law
school is a long, arduous process. Yet, I find it difficult
I wish each and every one of my classmates success in
their future endeavors. To those who attend Lincoln Law
School and have future graduation dates: work hard, build
the foundation for passing the bar now, and before you
know it, you will be done.
25
SALUTATORIAN
MESSAGE
By Cory Irish | Class of 2015
Law school is intimidating. I clearly remember entering
You will find the best time to study and the materials that work
Professor Gold’s Legal Skills class in the summer of 2011,
best. Those things will work themselves out so you need not fret
stomach unsettled at the idea of attempting law school. I, like
about them. All you need to think about is steadfastly studying
everyone else, had heard all the stories about how difficult law
the material that is in front of you.
school is, about the 50% attrition rate for first year students and
other such horror stories. Ultimately, though, what you find is
that law school, like any other obstacle, can be defeated by
sheer relentless determination.
My last piece of advice, and keeping with the theme, is
to work hard in your personal life too. I, like many Lincoln
students, have a family at home. Balancing time dedicated to
them with time needed for my studies has been difficult. Early
Vince Lombardi once said that “the difference between a
in my law school career I found it difficult to spend time with
successful person and others is not a lack of strength or lack
my family without “feeling guilty” about the school work I felt
of knowledge, but a lack of will.” These words echo true for
I should be doing. This resulted in me not being as mentally
life in general, and are particularly poignant for law school
engaged with them, as I should have been. I later learned to
students. Taking these words and applying them to law school,
put aside thoughts about school and dedicate myself entirely
I interpret Coach Lombardi’s words to mean that there are
to my family during the time I allotted to spend with them. In
many personal qualities that could lead to law school success
other words, when you spend time with your family, truly spend
but none of those qualities will lead to law school success
that time with them. Engross yourself in your son’s newest Lego
without one key ingredient - determination.
creation, involve yourself in your daughter’s latest viewing of
This, certainly and obviously, is not a groundbreaking concept.
In essence I am telling you that to be successful in law school
you must work really hard. You are probably thinking “duh”.
However, to expand on this point I recommend that you “keep
it simple” by working hard in both your life as a student and in
your personal life.
What do I mean by “keep it simple”? You will hear many
tactics from many people about what has worked for them in
school, whether that be studying on the weekends or in the
evenings; using hornbooks or using Bar preparatory materials;
writing your own outline or using a former student’s outline.
This advice, these tactics, certainly have value. But all of these
tactics are only opinions as to what might work for you. My
point is not to get lost in those tactics since none of them will
get you through law school without determination and hard
work. Keep it simple - continue to work hard and you will
naturally gravitate toward the tactics that work best for you.
26
Frozen and be 100 percent engaged when speaking to your
wife about her day. Keep it simple by dedicating your time
with them only to them and, in the end, they will feel more
loved and recognized and you won’t feel guilty when you
retire to your study quarters.
So keep it simple - work hard at school and at home. If you
concentrate on those two basic things, you will maintain your
family and your grades (and your sanity!) and one day you’ll
wake up a licensed, formidable attorney.
LINCOLN LAW
SCHOOL GRADUATES
2015
Roxana Babaei
Monique Benjamin
I would first like to give thanks and honor to God for all of my blessings. I would like to thank my mom
and dad for their continuous support and unwavering love. To my brothers and sister, thank you for
honesty and guidance as we embarked on this journey as a family. To my Momo, your wisdom and
knowledge has profoundly impacted my drive and determination to follow my dreams. Thank you to
everyone who believed in my dreams as much as I did, I could not have done this without you.
“A pessimist sees the difficulty in every opportunity; an optimist sees an opportunity in every difficulty.”
- Winston Churchill
Kelsey-Lyn Berezin
To my husband and best friend, Michael, it all seems worth it because I met you. Although looking
back, there may have been easier and less expensive ways than going to law school to have met. I
have loved our study dates at Bella Bru for the past four years, but I’m excited to just share a breakfast
burrito without having to study afterwards. Love you!
Vadim, I don’t know how I could have survived this without your encouragement and enabling. You
have been a great study partner, but an even greater friend.
Thank you to my family for being my support system whenever I needed one! Without your love,
none of this would have been possible.
Last but not least, love to my four fur babies for always greeting us with wagging tails after these long
days and being so understanding with all of the late night meals.
Michael Berezin
Thank you to all of the family and friends who supported me along the way. I would have never made it
without your encouragement. The greatest thank you goes to my wife, Kelsey, who has made me a better
person and shared the greatest memories I have in life.
27
John J. Bostanzoglou Not Pictured
Jennifer Brown
This journey has been one of the most challenging accomplishments of my life. I am forever grateful
for the love and support of God and those who have helped me cross the finish line:
*My husband, Tim – We survived and overcame so much along the way, and I could not have
done it without you. Your support has been paramount, and I thank you for putting your life on hold
so I could achieve my dream. *My mom and dad – Thank you for always being behind me 110%.
Your mentorship and guidance have been my ‘rock,’ and I am so grateful. I don’t know how I could
have achieved this goal without your daily motivation, love and help with the kids. *David and
Marge – Thank you for your support and help with the kids! You have been there to hold Tim and me
up through the last 4 years, and we so appreciate your efforts!! *My kids –Thank you for your grace
(regarding my attitude at times) and laughter (to remind me what was truly important as I traveled
the difficult road). *My friends–Thank you for your encouragement, wisdom and forgiveness for me
being absentee at times! I am thankful for your support during the last 4 years!
Lydia A. Bulgakov
Katherine Burnquist
I hated every minute of training, but I said, “Don’t quit. Suffer now and live the rest of your life as a
champion.” --Muhammad Ali
To Dean Schiavenza: Thank you for your words of wisdom and for always lighting a candle. To Nicholas:
Thank you for being my rock. To my family: Thank you for home cooked spaghetti dinners before every exam
and the late night Taco Bell deliveries while studying. To my one and only: Thank you for always being by my
side. I’m sorry for the late nights, the lonely days when I had to study and for all the days we couldn’t go to the
park. You are the best little dog a girl could ask for.
Rebecca Butler
I once told our Dean I was hanging by a thin string and If I heard another classmate use the word
basically I was going to lose it and I kind of meant it. He told me that my string was stronger than I
realized. It turns out he was right about a lot of things.
Thank you Lea for keeping me up at night during law school. There is no one that I would rather lose
sleep over than you. Thank you Ken for being so helpful even though I was not in your study group and
for being an outstanding partner this year. Thank you Jonathan for explaining the law to me for the first 3
years of law school when I was slacking off in the study sessions which was often.
Thank you to my friends and family for your encouragement and for believing in my success even when
I doubted it myself. Thank you Carl for being our entire support system after we moved to Sacramento.
You’re a better friend than I could have even imagined.
Reshelle Cable
Special thanks to my husband Keith Cable and members of my family for their unwavering
support during this amazing journey.
28
Katharine L. Chapman Not Pictured
Jonathan Char
Ryan N. Davis
Delta Theta Phi Law Fraternity: Vice Dean, Robert and Joan Z. Scholarship
I would like to thank my wonderful wife Melissa for all the support she has given me during my
journey through law school; I do not know how I can thank you for all the patience you have had.
You have been very understanding. I would also like to thank my family for supporting me and
not giving me too hard of a time for being gone so much despite the fact that I only live a mile
away. Finally, I would like to thank the wonderful friends I have made during this journey; I started
this process assuming we would be competitors, but have instead found my classmates to be coconspirators in completing this task. I am glad to have had you with me and wish you all success in
the years to come.
Zebulon J. Davis Not Pictured
Chassity Dawson
Kevin I am so thankful for all you have done. I would have never even attempted law
school without your encouragement and support. The last 4 years have been the biggest
journey I have ever been on and I am so thankful you have stuck by my side and helped
me be a better person. I love you! Chrissie, Ben, Ken, Larry, & Greg thank you for being
such amazing study partners and helping me get through each exam. I don’t know if I
would have been able to pass year after year if it wasn’t for all of your help!
WE DID IT!!!
Benjamin H. Eagleton
It has been said that success is a journey-- not a destination. Lincoln Law School has
been an exciting journey for me. If I had to do it all over again, I wouldn’t change a
single thing. And that, I consider that to be a good measure of success. After school, I
look forward to continuing to journey professionally along with the good friends that I
have made here at Lincoln.
Thanks to you, Mom and Dad for everything that the two of you are, and for everything
you’ve done for me.
Christine Foley-Warmerdam
First and foremost, I want to thank my loving husband, Aaron, I owe you a tremendous amount
of gratitude for believing in me, even when I didn’t believe in myself. Without your love and
encouragement I would have never applied to law school, and I most defiantly would not
have made it through the last four years. These past four years have been grueling, but you
continually extended your understanding, patience, and unrelenting desire to help me in any
way you could. I love you, and will forever and ever.
To my “study buddies” thank you for all the support and encouragement you gave me. You
motivated me, and kept me going. It has been a difficult four years, and I couldn’t have done
this without you! Finally, I would like to extend my gratefulness to all the countless other friends,
family, and coworkers that supported me through this journey.
29
Jose Gonzalez
To my family, friends, and loved ones who helped out along the way throughout this journey,
thank you. I am eternally grateful and love you all. Many times, I wondered if this was for me.
Thanks to your support and belief in me, I now know the answer. THANK YOU!
“Many have I loved - Many times been bitten
Many times I’ve gazed along the open road
Many times I’ve lied - Many times I’ve listened
Many times I’ve wondered how much there is to know
Many dreams come true and some have silver linings
I live for my dream and a pocketful of gold
Mellow is the man who knows what he’s been missing
Many many men can’t see the open road
Many is a word that only leaves you guessing
Guessing ‘bout a thing you really ought to know…”
-Led Zeppelin
Amanda F. Gualderama
Assad Hafeez
Advice to students: Eliminate as many distractions as you can. Be honest with yourself
and admit when you aren’t doing your utmost. Unplug! From society! From news!
From phones, computers, and social media! They are vying for your precious time and
attention which are worthy elsewhere…
Larry M. Harris
Joe Helfrick
I came to law school so that I could do some good, and thanks to Lincoln I have that chance. These
years went by too fast (or too slow, depending on which class I was in), and I can’t believe I made it
through. Mom, Dad, Natalie, Nicole, Phil, Reece, Jill Jill, I could not have made it without you!
Congratulations to all my classmates, you were a fantastic bunch to learn with. I ‘d also like to give a
thank you to all the professors for your dedication and care. I cannot wait for the next chapter in my
life... though once I’m done with this bar thing I think I could use a little vacation.
30
Cory Irish
Faculty Achievement Award: Torts, Evidence, Constitutional Law, Legal Research, Administrative
Law; Moot Court: Best Oral Argument; Dean’s List: 2011-12, 2012-13, 2013-14
To Mom and Dad: Thank you for the unending love and encouragement, not only during the last
four years, but throughout my life. Your generosity, love and support of myself and my family has
been invaluable! To Cooper and Abigail: You’ve filled my days with laughter and affection. Even
though you don’t know it, you have kept me grounded through this entire process.
To my wife Susan: You have been my rock. You are an incredible school (and life!) partner. You
have consistently taken on incredibly heavy burdens so I could study yet you’ve managed to stay
as loving and supportive as ever to me and to our kids. Thank you- I love you!
Aubrey L. Jacobsen
“I’ve learned that everyone wants to live on top of the mountain, but all the happiness and growth
occurs while you’re climbing it.”
It’s been an amazing and crazy four years! I would like to thank my family, without whom I wouldn’t
have been able to see it through to the end, and also my friends who kept me sane. To my daughter,
Cecilyia, who hopefully learned something about perseverance, dedication, and the value of
education. Cece, you are my shining star!
Jody S. Johnson
Dennis Jones
I am proud to be a Lincoln graduate and my time here is memorable. However, graduating is just
a step and not the finish line. I have met many great people along my journey and am fortunate
to have a number of role models to pattern my legal career after. I am grateful to those professors,
faculty and colleagues, who have had a positive impact on my life, thank you. My greatest blessing
in life will always be my family, and I could not have done this without you. Thank you Mom, Dad
and Matthew for your love, support and always being able to make me smile. A wise woman
often tells me, “don’t take any wooden nickels,” and that is the advice that I pass on to my fellow
classmates. Be persistent and finish the fight.
Kaliah Kirkland
Robert and Joan Zarick Scholarship (2013); National Black Law Students Association - Lincoln Chapter:
President and Charter Member (2013-2014); Wiley Manuel Bar Association: Member (2012-2013;
2013-2014; 2014-2015); Friends of the Wiley W. Manuel Bar Association of Sacramento County
Scholarship (2014); Faculty Achievement Award: Community Property
“Nothing can stop God’s plan for your life,” Isaiah 14:27.
I am blessed and grateful. The Lord deserves all the praise and glory!
Mom & Dad – We did it!!! I am eternally grateful for the sacrifices that you have made, your love,
encouragement, and support. Thank you for always believing that I can do anything!! Love you forever!
Grandma Ross –We planned this very moment, but God called you home. I kept my promise!! Love you!
CJ – Dreams come true!! Thanks for always reminding me to stay steadfast in mine!! Let’s get it!!!
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To my family and friends, thank you for your love and support!
Gregory Knox
I would like to thank my family for their love and dedication. I would have never made it to this
point without all of their love and support. Although, I can’t thank her enough, a big thank you goes
to my wife, Rasan, who has gone through the trials and tribulations over the past 4 plus years and
is an incredible person. I also want to thank my children, Brandon and Matthew, my parents Bill
and Carole Knox, and my in-laws Ray and Sandy Young for all of their assistance and support.
THANK YOU!!!!! I love you all !!!!
Vadim Kobrya
My wife, Yuliya, deserves so much credit for my successful completion of this journey. She believed
in me from the beginning, encouraged me, and helped keep me sane during exam weeks. My
daughters, Evelina (4) and Lianna (3), kept the much needed laughter and silliness in my life.
And my parents, Sergey and Yelena, to whom I am grateful for encouraging me to pursue higher
education and for believing in me and pushing me to give it my best in everything I set out to
accomplish. Thank you all for your love and support. I couldn’t have done it without you.
Myrna Lim
My heartfelt thanks:
Smolich family: You created a fine institution of learning. You provide opportunities for students to make
fine lawyers - students who would not have been able to otherwise.
Angelia, Melissa and Jessica: You go the extra mile to help. You are always there when we need you.
Faculty: Your high caliber of intellect, experience, professionalism and dedication makes Lincoln Law
School proud.
My Professors: You inspired me, I will always remember your kindness and your brilliance.
My family: For your unconditional love, support, patience and understanding.
Mom and Dad - You are always in my heart. I wish you were here.
Liya Lozko
As a child growing up in a poor country, I could never even dream let alone imagine that one day I
would be graduating from law school in the USA, but here I am. It was an incredible journey that I could
have never accomplished without my mom. Her unconditional love, belief, faith and support allowed me
to accomplish one of my biggest and most challenging goals. I would like to dedicate this success to her.
Thank you ever so much, mom, for always being there for me. For that, I love you so much!
Yuliya, thank you for walking beside me all these years and always being there for me. I could not find
any better friend than you!
Jeff and Jeanette, I can not stop thanking you enough for all the help and support you provided me
throughout these years. Your understanding, kind words and love helped me to overcome many
difficulties in life. I am proud to have you in my life as my best friends and advisors.
Lastly, many heart felt thanks to all who supported and encouraged me through law school.
Justin McCrea
One does not know what they are truly capable of until they push their limits. No matter what stands in
your way, push forward. There will always be unexpected issues that arise. It is easy to find solutions to
common problems. The difficulty arises in creating solutions to uncommon problems. Law school taught
me to quickly analyze issues and develop well thought out feasible solutions without hesitation. In that, law
school taught me to get through law school. I promise you that what appears today to be a sacrifice will
prove instead to be the greatest investment that you will ever make.
Mitchell Miller
Every man is said to have his peculiar ambition. Whether it be true or not, I can say for one that I have
no other so great as that of being truly esteemed of my fellow men, by rendering myself worthy of their
esteem. How far I shall succeed in gratifying this ambition, is yet to be developed. (Abraham Lincoln First Political Announcement 1832)
I would like to thank:
Kelly Mulcahy. She has been my mentor, teacher, step-mother, lunch companion, flash card reader,
and supervisor. She has kept me dedicated through law school, and soon she will be my co-worker.
My father, Keith Miller, for showing me firsthand that law school is not an insurmountable task and for
introducing me to LLS.
Nichole, for putting up with me through my final year of law school and supporting me through this
endeavor. I can try to put my appreciation for you in words, but that would not do it justice.
My brother, Kyle, for being a badass that managed to survive a household of three attorneys, but
always having a sense of humor about it.
My mother and sisters, Michele, Mallori, and Mellani, for their understanding and support through four
years of prolonged absence and my general disappearance as law school has taken over my life.
The rest of my family and friends, for understanding that it is no small task to finish law school, but to
finish at the top of the class is even harder.
Last but not least, to Martin and Obediah, for keeping the simple pleasures of life always apparent.
Yuliya Mordovtseva
Thank you God for blessing me much more than I could ever imagine.
Mom and dad, I want to thank you both from the bottom of my heart for your love, support and
prayers throughout my four year journey.
A special thanks to my husband and best friend Andrey. Your love, encouragement and patience in
the best and toughest times got me through each day.
Liya, you walked this path with me side by side. We shared our hopes, dreams, worries and fears.
Thank you for being a great study partner and friend.
Tanya, your pep talks, belief in me and positive energy were always uplifting during stressful moments.
Last but not least, a very special thanks to my DA family. Thank you all for the good advice
and for being the best mentors and co-workers anyone could ask for.
Vanessa Mosby
Human nature controls us all and this ability to help people interact, by applying the law to the facts,
is like having a torch in the dark. Thanks to all the Professors who gave me a deeper understanding
and appreciation of our legal system. I am eternally grateful and will carry this torch forward with the
utmost honor and responsibility.
My Father, Antonio Amador, led by example and gave me confidence and determination. My
Mother, Evelia Amador, gave me patience and sensitivity. These traits allowed me to succeed and I
thank you both for being exceptional parents who are always there to catch me!
To my husband Charles and my five children, Aundré, Lorenzo, Marcos, Xavier, & Raquel, I will
forever regret the temporary hole I left in your life and get choked up thinking of everything I missed.
But in the end, we learned it is quality time that counts most and I look forward to building our
relationships once again. I love you all and thank you for your support!
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Payam Narvand
I am forever indebted to the Dean who talked me out of dropping. Through law school, I was
working full time, teaching business part time at ARC, while being the full time caregiver of mom.
I was never able to apply myself as much as I could have. Resilience got me here. Thanks to our
fabulous faculty and classmates who embraced me. Thanks to my beautiful wife who was my
rock putting up with my mistress. Because Law school is a jealous lover depriving you ruthlessly
from loved ones. I never fathomed that getting to wear a funny hat on graduation day would take
so much wind out of me, yet teach me so many life lessons. This is my proudest achievement.
Never give up on your goals. If an immigrant with a funny accent and English as a third
language could do it, then you too can do it.
KimChi Nguyen
“Bones heal.
Blood clots.
Sweat dries.
Suck it up, Buttercup, only STRONG girls become LAWYERS.”
Gina L. Pagala
Nicholas Pauli
Thank you to family, friends, and faculty. Thank you and congratulations to my fellow students!
Gia C. Phong
Anthony G. Regner
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Alanna Perez Romo
It was never actually in my plans to attend law school. Yet when I made the decision to further my
career in the field of immigration law, I’m so glad I ended up at Lincoln. Thank you to all of the Lincoln
Law School professors, administrative staff and Dean Schiavenza for being so supportive of our goals
and making sure we are ready to tackle the Bar.
Thank you to my husband, David, for supporting me these long 4 years. And to all my family and
friends for being understanding that I’ve had to neglect them at times. I’ve made some great friends
here at Lincoln, and I wish you all success in the legal community.
Cheers.
Daniele Schlehofer
Thank you Mom, Dad, Kyle, Amy, and Andrew for all your love and support through law school. I
am very grateful to have such a wonderful support system through one of the most challenging and
exciting times of my life. I love you and am blessed to have each of you!
Thank you to my classmates and study group for the many laughs and amazing friendships!
Thank you to the Lincoln Law school professors, faculty, and staff, Dean Schiavenza, and the
Smolich family for all of the guidance and dedication.
Emily Seki
Nicholas
My beloved, it is your ability to inspire the ambition within me, why I love you so much. Jay & Bali
This was always about you two. My squirrels, my twins, one and two. Mama loves you.
And no, no school tonight. Mom & Dad
Your patience with me has been immeasurable. Your love and support got me through. Theresa & Ro
Ever since I was a little girl I have aspired to be like you. And you made it possible. Jenn & Katie
Thanks for being there when I wasn’t. From our walk’n’talks to our one-pagers. It worked. Thomas Sherer
I owe everything to my wonderful, beautiful, amazing wife, Rachelle. Your constant encouragement,
hard work at home, belief in my success and undying patience were the forces making this possible.
You earned this degree and accomplishment as much as I did.
I also want to thank my Grammy & Papa and Mom & GH for your financial generosity. I owe you a
debt for believing in me and being so willing to help make law school a viable undertaking. Dad &
Doris, thank you for encouraging me to go to law school for… the past 15 years.
You all always knew I could do it. Thank you, from the bottom of my heart.
To my son, Lincoln: you are my world. I hope you’ll look back one day and know that you can do
anything you aspire to, as long as you are willing to work hard. I love you.
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Angelina Singer
I DON’T SHINE IF YOU DON’T SHINE…
For what would otherwise have been an impossible journey, my most heartfelt thanks goes to my rockmy husband Jason & to my precious children: Christa the capable, Carmen the confident, Carina the
calm, Carissa the cheerful, and Jason our intelligent little prince.
The love, patience, encouragement and balance I received from you were the most necessary
elements of my law school experience.
My thanks to Lincoln Law School, Dean Schiavenza, and my valuable professors for providing an
accessible law education to students from all walks of life.
To Mom and Pop for teaching me to be humble while maintaining dignity in myself, to cherish family
and the small joys in life.
These are the gauges by which I continue to measure success and happiness.
Above all, I thank God for having a life plan for me. I put all trust in Him.
Brandon J. Smith
Kenneth Stanton
To my fellow classmates, I cannot imagine attending law school with anyone else. The sense of community,
friendship, and willingness to help each other succeed means a lot to me. I have learned more from you all than
you can imagine and I thank you for it.
To my family, thank you for the support and understanding. As you know, this has been quite a difficult journey.
To the staff and faculty and Lincoln Law School (especially the Dean), thank you for the opportunity, though I am
sure you are happy to get rid of me!
To all, my goal in life is to make the world a better place because I lived in it. I challenge you all to do the same.
Dimitry Terlesky Not Pictured
Candence Tidwell
First and foremost, I am eternally grateful to my husband, Sutton, who supported me every step of the
way through law school. I’m so fortunate to have such a wonderful partner in life. I love you! Sutton, you
gave me the best gift of all, our twin boys, Daniel and Clark. D&C, you’re both wonderful and amazing
and I’m so proud to be your mama. We did this for you!
I’m also thankful to my family for lending their support when we needed it. This was a team effort. I could
not have done this without you.
To my law buddies-we made it! Thank you for your friendships. I’ll always treasure our memories. I truly
wish you all the best in your future careers.
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Lastly, I wish to thank the Dean, administration and professors who gave me the tools and knowledge to
succeed. I’ll be forever grateful for the support I was given during my pregnancy and after so that I could
finish school on time and pursue my goals.
Cezar J. Torrez
Rose Turner
“One never goes so far as when one doesn’t know where one is going.” -- Johann Wolfgang
von Goethe, Letter to Carl Friedrich Zelter (3 December 1812)
A big THANK YOU to my family and friends who have come with me on this crazy journey!
Mom and Dad, I could never have done this without you! Love you!!!
Zachary Varanini
Thank you Molly! This was only possible because of your love and support.
A secondary thank you to Jerome and Andrea; it took a little longer to
get here than we hoped.
Eleanor and Emilia - your dad loves you and can spend more time with you now!
Jessica Vidaurri
“Si puedes soñarlo, puedes lograrlo”. For my Mom & Dad, I miss you every
day, you are my guardian angles.
Marshall Way Not Pictured
IF YOU ARE RESOLUTELY
DETERMINED TO MAKE A
LAWYER OF YOURSELF, THE
THING IS MORE THAN HALF
DONE ALREADY. . . . GET THE
BOOKS AND READ AND STUDY
THEM TILL YOU UNDERSTAND
THEM IN THEIR PRINCIPLES;
THAT IS THE MAIN THING.
Abraham Lincoln,
writing to Isham Reavis,
a young law student, in 1855
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