Hastings Community (Summer 2003)

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Hastings Community (Summer 2003)
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H AS TI NGS
HASTINGS
LETTER TO ALUMN I
Chancellor Mary Kay Kane
Announces the Fonnation of the Center
for State and Local Government Law
FOR THE BENEF I T
OF THE COLLEGE
ALUMNI/STUDENT PICTURE
GALLERY
• Geoffrey O'Neill ('86)
Writes on Charitable Gift Annuities
• New Bar Admittees Receptions
• San Francisco Chapter New Bar Admittees
and Holiday Reception
• Foster and Mills Support
International Fellowships
CAMPUS NOTES
• The Empire Hotel: If Walls Could Talk
• In Memoriam : Louis Schwartz
THE 19TH MA T HEW O .
• Ready, Set, Compete 1
• Negotiation Team
• Trial Team
TOBR I NER MEMOR I AL
• Meetings, Conferences, and Symposia
• Diversity and Law Admissions
• The International Environment
• Youth Rights
• Privacy v. Security
• An Entertainers' Law Summit
• Speakers
• Brosnahan on Lindh
• Tolerating the Intolerant
• Global Governance
• Visitors
• Cloning and Bioethics
• Refonning Japanese Labor Law
• Japanese Legal Educators
LECTURE
Presented by Wael B. Hallaq
Professor, Institute of Islamic Studies
McGill University
FOUNDER ' S DAY 125TH
ANNIVERSARY CELEBRAT I ON
FACULTY NOTES
• Ten Candles on the Cake
at the Civil Justice Clinic
Faculty in the News
• First Abascal Fellow
Fights for Environmental Justice
• Los Angeles Chapter New Bar Admittees
Reception (Century City)
• A lumni Events
• Phoenix Chancellor's Reception
• Faculty-Alumni Leaders' Lunch
CLASS NOTES
Alumnus of the Year: Albert R. Abramson ('54)
Speaker: Richard C. Atkinson, President,
University of California
• Four New Sites to Study Abroad
• A Marshall Portrait
• The Asian Art Museum Opens
• Progress in the Development of Golden Gatel
Larkin Site
• Hawaii Chapter New Bar Admittees
Reception
• San Diego Chapter New Bar Admittees
Reception
• Orange County Chapter New Bar
Admittees Reception
• Los Angeles Chapter New Bar Admittees
Reception (Downtown)
ON
THE
COVER :
Standing, Hastings 1066 Foundation President
Rebecca Hall, Chancellor Mary Kay Kane, Board of
Directors Chair James Mahoney ('66), and Alumni
Association Treasurer Mercedes Moreno ('80) . Seated,
University of California President Richard C. Atkinson
I N PRO PER BREAKS NEW
LEGA L GROUND
and 2003 Alumnus of the Year Albert R. Abramson
('54) (Photo : Bruce Cook)
· HA S TING S
LETTER TO ALUMNI
SUMMER
his issue of Hastings Community
sh ares m any of the exciting
events and festivities that we
have had celebrating Hastings ' 125th
anniversary in 2003. You also all should
h ave received th e special anniversary
supplement produced by the San Francisco
Daily Journal. That issue details the
College's past 125 years of service and
accomplishments. All in all, we have much
to be extrem ely proud of.
But be assured, we are not just glorying
in our past or our present, bright as th ey
m ay be. We are continuing to develop our
programs in ways that will further enhance
our educational offerings and that will
build on our existing reputation as a leading law school that contributes to major
public policy initiatives in this state and
beyond. In that vein, I thought I would
share with you just one of the new programmatic developments that we intend
to implem ent this next academic year.
In the fall of 2003, Hastings will
establish a new Center for State and Local
Government Law under the direction of
Professor David lung, who currently heads
our Public Law Research Institute. No
public law school in California now offers
a program and research fOCUSing on state
and local government law.
Hastings has long had a commitment to
public interest law, and the new Center is a
natural outgrowth of Hastings' Public Law
Research Institute, its clinics and externships, and its Government Law Society.
The Center's goals are (1) promoting
scholarship and research on topics of state
and local government law relevant to lawyers practicing in the field, either through
its own publications or by sponsoring
conferences and colloquia; (2) providing
clinical opportunities for Hastings students
with an interest in state and local governm ent law; and (3) supplementing existing
training for legislators and legislative staff
through seminars at Hastings and in
Sacramento.
The first objective is one that spurred
2003
the initial development of the Public Law
Research Institute in 1983 by Professor
lulian Levi. Working through the Institute,
Hastings students, under the direction of
Hastings faculty, develop research reports
for the state legislative and executive
branches on topics involving potential legislation. That very important state focus was
broadened by Professor lung, when he took
over the leadership of the Institute in the
1990s, to include a municipal focus. For the
past six years, Hastings has collaborated
with the Municipal Law Institute of the
League of California Cities in offering
"Cities on the Cutting Edge," an annual
conference for city attorneys dealing with
topics deemed critical issues of the day. The
research generated from both these endeavors has received some national attention
with requests to share various studies and
reports more broadly. The new Center will
explore ways in which it can be further
expanded to meet those interests.
The second objective develops from
H astings' very successful Local Government Law Clinic, by w hich students are
offered the opportunity to learn about
public law practice firsthand as interns in a
city attorney's office while simultaneously
studying basic principles of local
government law, ordinance drafting, and
professional responsibility in a classroom
setting. The Center will expand those
clinical offerings to create a new Legislation Clinic in Sacramento that will provide
an in-depth systematic study of the legislative process from a practical as well as an
academic perspective. Students participating in the Clinic will spend a sem ester in
the state capital enrolled in advanced
seminars on the legislative process, bill
drafting, and statutory interpretation,
while interning in a legislative placement
under a lawyer's supervision.
Th e attainment of the third objective
will begin by the offering of a new annual
event in collaboration with the Senate
Office of Research. The Capitol Forum
will bring professors from California law
schools to speak to legislative staff and
others on legal issues of current interest;
the first Forum was held this past spring
and was a great success. Plans are already
under way for the next segm ent .
All of these program s represent just a
few of the many ways in which H astings,
as a public law school, fosters and
enh ances careers in the public law arena
and contributes to the developm ent of
state and local public policy. The establishm ent of our Center for State and Local
Government brings formal recognition of
the work th at has already transpired, as
well as th e promise of the future. And it
refl ects the initiative and ingenuity of my
colleague D avid lung, w hose work h as
helped place us in the position to be able
to create such a unique program. As in so
many ways, H astings faculty are the ones
who make the difference.
So you can look forward in future
issues of this magazine and elsewhere to
hearing more about the ways in which
H astings is "on the m ove," making sure
that the next 125 years are just as
inspiring as the past.
rno-~o-'K~
Mary Kay Kane
Chancellor and Dean
HA S TIN GS
CAMPUS NOTES
If Walls Could Talk
I
n October 2002, m embers of the
Ross family, hoteliers involved in
the management of the Empire
Hotel, as 100 McAllister Tower was call ed
during the '30s and ' 40s, visited Hastings
for a tour of th e building. After the tour,
th e Coll ege issued an invitation to return,
and in January 2003 Ed Ross celebrated
his 80th birthday at a party in th e
Skyroom.
H ere are some of Ed 's memories
Qotted down by his son) of the Empire
H otel and its original Skyroom .
Ed Ross 's father managed the Empire
from its sale by the Methodist Church
early in th e 1930s until 1942, when it
was sold t o the federal governm ent. For
several years during that time, Ed and his
broth er, Jack, lived on the 13th floor, the
most difficult rooms to sell in a hotel.
Ed 's father, after first considering
naming the hotel the New Yorker, settled
on calling it the Empire H otel. The hotel
had been built during Prohibition by a
church, and, as such, would not have
included a bar. But when Prohibition was
repealed, to stay competitive, m any hotel
m anagers felt the need for bars. So Ed's
father got the idea for the Skyroom .
Though California outlawed liquor sales
within 200 feet of a church, the Skyroom
City lights glowing behind them, Ed Ross II and
Mrs. Ross celebrate Ed's 80th birthday in the Tower's
Skyroom, some 60 years after he lived at the Empire
Hotel.
was more than 200 feet from the
Methodist church within the building 200 vertical feet - and so was permitted,
the story goes, though it's uncertain
whether the church was still functional
when the Skyroom began operation .
The Skyroom opened during the
Depression, and Ed, who was then a
2
youth, recalls that the line to get in was
four wide and four blocks long. The
saying of the day was "If you have 50
cents, take your girl out for a drink. If you
have a dollar, take her to the Skyroom~"
Another hotel man, Mark Hopkins, liked
the Skyroom idea so well, he simil arly
modified his hotel, creating today's Top
of the Mark.
Around 1939, when England was at
war with Germany, Ed's father placed the
largest single order that the Johnnie
Walker distillery had ever received:
10,000 cases of Red Label Scotch whisky.
The shipment was stored in a bonded San
Francisco warehouse, and payment was
made only when cases were withdrawn.
Johnnie Walker was happy with this
arrangement, since one German bomb
could wipe out a lot of inventory in
Scotland . While the order was in transit,
others offered twice the $3 a bottle Ed's
father had contracted, but were turned
down. When the United States entered
the war, commercial transatlantic shipping
came to a halt, but the Empire Hotel had
Scotch whisky throughout the conflict.
HA S T I NGS
Newly Founded Negotiation Team
Already Winning Honors
H
astings' N egotiation Team,
coached by Adjunct Professor
Chris Kn owlton, was fo rmed
in 200 1-2002 to compete in live
competitions sponsored by the ABA and
State Enviro nmental Law Section . In the
fall of 2002, the College fielded two teams
in the American Bar Association Law
Student Division 's Regional Negotiation
Competition in Salt Lake C ity. Team
members Maryam Miazad (' 03) and Jacob
Linetsky ('05) m ade it to the final round
and placed fourth out of the 24 teams
competing. Tina Schniepp (' 04) and Greg
Martin ('03) placed eighth .
In February 2003 , the team competed
for the first time in the International
Competit ion for O nl ine Dispute
Resolution. In this competiti on, students
negotiated over th e Internet with Englishspeaking law students from approximately
30 countries using state-of- the-art law
firm technology. In a stunning showing,
H astings team members Cam arin
Madigan (' 03) and Cassandra Seebaum
(' 0 5) ended up Gold Medal winners as
th e most effective advocate team in the
IC ODR Mediation Com petition. Alumni
m ay view the competition at the website
http ://www.ombuds.org/cyberweek2003
icodr2.html. "We expect interest to
increase next year," said Knowlton .
H astings will be holding an in-school
competition in the fall of 2003 .
Team members Maryam Miazad ('03) and Jacob
Linetsky ('05) placed fourth out of the 24 teams
competing. Team members Tina Schniepp ('04)
and Greg Martin ('03) came in eighth .
Most Effective Advocate Team in the ICODR 2003
Mediation Competition Cassandra Seebaum ('05), left,
and Camarin Madigan ('03) , right, flank their coach,
Hasti'lgs Adjunct Professor Chris Knowlton.
Trial Team Is On the Move
T
his last year has been a
memorable one for Trial Team
m embers. The II-member team
is composed of 2004 classmates Aron
DeFerrari, Jam es Conger, Moira Feeney,
Kirsten Andelman, and Ann Guevara, and
2003 classmates Jason Riehl, Rohini Bali,
Stephanie Sperber, Jessica Thomas Woelfel,
Mirissa McMurray, and Brigid Biermann .
In O ctober 2002, at the San Francisco
Trial Lawyers Association Tournament,
Sperber, Thomas, and McMurray won the
championship and the $1 ,000 prize.
Also in O ctober, at the San Diego
D efense Lawyers Association Tournament,
a team composed of Riehl, DeFerrari,
Feeney, and Biermann finished in the top
fi ve.
In February 2003, at the Texas Young
Lawyers Association Regional Competition in Portland, O regon, H astings' Team
(D eFerrari, Feeney, and Conger) advanced
Standing are Ann Guevara ('04) , Stephanie Sperber
('03) , Rohini Bali ('03), Mirissa McMurray ('03),
Kirsten Andelman ('04), Brigid Biennann ('03),
and Moira Feeney ('04). Seated are Head Coach,
Adjunct Professor, and Federal Public Defender
Geoffrey Hansen, Jason Riehl ('03), Jam es Conger
('04) , and Aron DeFerrari ('04). Not pictured are
Jessica Thomas Woelfel ('03) and Administrative
Coach and Adjunct Professor Terry K. Diggs.
to the semifinal round in a felony
murderlkidnapp ing case.
At the International Competition fo r
Online Dispute Resolution (ICO DR), a
global, online competition sponsored by
3·
the University of Massachusetts Center
for Informati on Technology and Dispute
Resolution and litigated electronically,
during the spring of 2003 sem ester,
Hastings' team of Bali, Andelman, and
Guevara placed ninth in an international
force m ajeure contract dispute.
"We brought our skill level up a
trem endous am ount this year, and the
proof is in the results," said team m ember
DeFerrari . "The expectations for this
coming year are a lot higher."
During the p ast year, the Trial Team
also sponsored two events: an address by
Morrison & Foerster partner James 1.
Brosnahan (see "Speakers" section) and
the screening of the film "Presumed
G uilty," with its Public D efender "st ars"
and its director, Peter Kinoy, speaking on
cam pus.
The Trial Tea m is a component of the
College's trial advocacy program.
H AST I NGS
Campus Speakers
Meetings, Conferences,
BROSNAHAN ON LINDH
DIVERSITY AND LAW ADMISSIONS
orrison &
Foerster partIII.... ner James J.
Brosnahan spoke in
January on the role of
the defense lawyer
and on the defense of
"American Taliban"
John Walker Lindh.
Topics included Lindh's plea bargain,
Attorney General John Ashcroft, and the
conflicts that arise when a financial
district litigator takes a principled, but
unpopular, stand. The Hastings Trial Team
and the Criminal Justice Clinic were
sponsors.
O
n February, the American
Bar Association's Law
Student Division and
H astings' Black Law Students
Association sponsored a program
that included a panel for law
school admissions directors, which
was entitled "Beyond Tokenism:
Seeking a Diverse Student Body."
The event brought together law
school admissions officers from
Boalt Hall, UC Davis, Golden Gate University, McGeorge School of Law, the
University of San Francisco, and Santa Clara University, in addition to Hastings.
Dennis Archer, President-elect of the American Bar Association, delivered the
keynote address. Archer, left, is pictured with Denise Butts ('04) of ABNLSD,
Chancellor Kane, Hastings Alumni Association President Fred Butler ('86), and
Adante Pointer ('03) of BLSA.
TOLERATING THE INTOLERANT
he
Hastings
Association
of Muslim Law
Students and the
Middle Eastern Law
Students Association
co-sponsored a talk in
February by Harvard
Law School SJ.D. candidate Asifa Quraishi,
who spoke on drawing on Islamic
principles of multiplicity for a workable
theory of tolerance. Pictured are Lana
Kreidie ('04) of the Middle Eastern Law
Students Association, Quraishi, and Eman
Tai ('03) of the Association of Muslim Law
Students.
GLOBAL GOVERNANCE
rofessor
Phillippe
Sands of the
University College of
London and New York
University School of
Law presented a talk
sponsored by the
International Law
Society in April. The founder of the Foundation for International Environmental
Law and Development, he is one of
Europe 's leading advocates for human
rights and a sustainable environment.
THE INTERNATIONAL ENVIRONMENT
O
n February, the Hastings
International and
Comparative Law Review
and the Hastings West-Northwest
Journal of Environmental Law and
Policy presented a symposium,
"EnforCing Environmental Norms
Under International Law."
Speakers from state and federal
government and from organizations such as th e International
Forum on Globalization, the Natural H eritage Institute, and the Natural
Resource Defense Council addressed the enforcem ent of environmental norms
through various domestic and international systems of regulation. Pictured are
West-Northwest Journal 's Executive Editor Marisa Yee ('03); panelists Richard
Campbell of Withey Anderson & Morris and Kenneth McCallion of McCallion
and Associates; keynoter Professor Nicholas Robinson, Kerlin Distinguished
Professor of Environmental Law and Co-Director of the Center for Environmental Legal Studies at Pace University; panelist Professor Sanford Gaines of
the University of Houston Law Center; and HICLR Symposium Editor Ed
Grutzmacher ('03).
II
YOUTH RIGHTS
inor Rights) Youth
Navigating Legal
Processes" was the title
of the Hastings Women 's Law
Journal 's February symposium.
Speakers included Julie Posadas
of the San Francisco District
Attorney's Office Girls ' Services
Program, and Ivy Lee of the
4
l
II A S T I N GS
Visitors
lnd Symposia
Detained Kids Proj ect, Asia n Pacific Islander Lega l Outreach. Pi ctured are
panelists Susan Sandler of Justice Matters Institute; Lenore Anderson and
Ishm ael Tarikh of the Ell a Baker Center for Human Rights; and Women's
Law Journal Editor-in-Chief Doug Redden ('03), Managin g Editor Dena
Roche ('03), and Symposium Ed itor Mirissa M Murray ('03) .
PRIVAC Y V. SECURITY
H
astings Communications
and Entertainment Law
Journal presented its
symposium, "Security in America :
Privacy and Safety in the New
Millennium" in March . The event
addressed post-9lll govern mental security measures to gather
intelligence about citizens and
residents through the Internet,
ATM and credit card use, sch ool
enrollment, and personal correspondence. Topi cs included consum er
privacy, hidden data, and anonymity, including onlin e anonymity, celebrity
stalking, and constitutional issues. Pictured are Editor-in-Chief Kathleen Hunt
('03); Stephen Keating, Executive Director of the Pri vacy Foundation; Joanne
McNabb, Director of the Office of Privacy Protection, Ca lifornia Department
of Consumer Affairs; D eborah Pierce, Executive Director of Privacy Action;
Nicholas Allard of Latham & Watkins; and Associate Academic Dean Ashutosh
Bhagwat.
AN ENTERTAINERS ' LAW SUMMIT
I
n February, the Hastings
Association of Communications, Sports and
Entertainment Law, in conjun ction with the Noise Pop Festival
and Experience Music Proj ect,
staged a panel for Bay Area
students and artists who want to
fu lly underst and issues of music
policy and law. Pictured are
ACSEL President D ave Kostiner
('05); music business educator and entertainment lawyer Michael Aczon; Rock
and Roll Hall of Farner Jerry H arrison; Jonath an Blaufarb of the international
music law firm D avis, Shapiro, Lewit, Montone & Hayes; Brian McPherson ,
a music publisher, produ cer, and attorney and the author of Get It In Writing:
The Musician's Guide to the Music Business; Chet H elms, who, through his
production compa ny, introduced the world to the Grateful Dead, Janis Joplin,
Jimi H endrix, and the Jefferson Starship; and ACSEL Vice President Tamiko
Dunham ('04).
5
CLONING AND BIOETHICS
astings
Professor
Radhika
Rao, far right, in
February hosted a
visiting bioethics
delegation led by
G ebhart Furst, left, Bishop of the German
Diocese of Rottenburg-Stuttgart. Bishop
Furst chairs the Bioethics Subcommission
of the German Bishops' Conference and
also is a member of the National Ethics
Commission of Germany. Rounding out
the group were a professor of moral
theology, a theologian, a journalist, and a
bioethicist. A specialist in constitutional
law, family law, and law and medicine, Professor Rao is a member of the California
Advisory Committee on Human Cloning.
REFORMING JAPANESE LABOR
AND EMPLOYMENT LAW
okyo
District
Court
Judges Hiroshi
Watanabe, left,
and Kanae
Fukushima, right,
met with Professor Reuel Schiller in April
to discuss American labor and employm ent law. Judge Watanabe's trip to the
United States was a fact-finding mission
as part of a national project in Japan to
reform labor and employment law. Judge
Fukushima is a Scholar-in-Residence at
UC Davis Law School.
JAPANESE LEGAL
EDUCATORS
VISIT
III."~T~"
delegation
of professors and
administrators
from the Omiya Law School, located in a
Tokyo suburb, spent a day visiting Hastings administrators in March. The group,
shown with Chancellor Kane, was hosted
by Professor George Bisharat, standing, far
left. The new school will open in April
2004, when the Japanese system of legal
education changes to an American-style,
graduate system.
HA
T INGS
Ten Candles on the Cake
AT THE C IVIL JUST IC E CLINIC
T
he C ivil Justice C linic celebrated its 10th anniversary February 26 with a
reception-fundraiser for its former students, facu lty, and friends. Its founders
recalled its establishment in th e spring of 1993 with 18 students (two of whom
were present) to 2003 , when 51 students are enrolled in four clinics.
In the last deca de, more th an 500 students have participated in clinical activities.
"We have served 350 individual clients and groups, receiving favorable results in over
90% of cases," CJC Director Professor Mark Aaronson told th e guests.
To m ark the occasion, Professo r Bea Moulton, who wrote the proposal that resulted in
the establishment of the Clinic, was presented with a large color photograph of the water
garden at Giverny taken by Professor Richard Boswell of the Immigrants ' Rights Clinic.
Also honored with certificates of commendation were several Clinic alumni who now
practice in public interest areas. Each has returned to th e Clinic over the years to teach
courses.
Th e celebration also was a fundraiser for th e Ralph S. Abascal Fellowship, a postgraduate public interest fellowship named in memory of the Hastings adjunct professor
who was known nationwide for his work in public interest law. The Abascal Fellowship is
awarded to a recent H astings graduate to help him or her secure a one-year position with
a sponsoring organization in order to get "hands-on" training and experience in the public
interest sector. The Fellowship is intended to develop the next generation of leaders in
public interest law either as public interest practition ers or as pro bono advocates.
1994 classma tes Emily Rich and Ted Franklin.
Professor Bea Moulton displays a Givemy photograph
presented by CJC Director Mark Aaronson.
Commended were Civil Justice Clinic alumni who
have returned to assume teaching roles at the C linic:
Ann C. Goldman ( '02), Rachel Folberg ('00) , Steve
Phillips ('97), Emi Gusukuma (,97), Lyn n Keslar
(,97) , and Myra Levenson ('94).
Professor Ascanio Piomelli, G reg Mayeda ('99) ,
Professor Naomi Roht-Arriaza, and Carina
Za ragoza ('99).
A Marshall Portrait
2004 classmates Lex Georgiou and N ick Baran with
Esther Baran.
The Asian Art Museum:
Our New Neighbor
III
iane C. Graydon ('88),
an artist as well as an
attorney with G ordon
& Rees in San Fran cisco, poses
with her graphite portrait of the
late Supreme Court Justice
Thurgood Marshall, created in
1993. Th e portrait and its new
framing are both gifts to th e
College fro m the artist. It is
displayed on the second fl oo r of
Snodgrass Hall.
O
he neighborhood has
changed dramatically
since construction was
completed on th e new Asian Art
Museum, housed in the former
Main Library. Th e Asian Museum 's
m ain fac;:ade faces Civic Center
Plaza. One of the largest museums
in the Western world devoted
exclusively to Asian art, it houses
som e 15,000 objects spanning 6,000 years of history.
6
H ASTING S
Progress in the Development of Golden Gate/Larkin Site
D
n summer 2002, th e H astings
Board of Directors appointed
a Blue Ribbon Committee to
develop recomm endations on development of th e Coll ege-own ed surface
parkin g lot at G olden G ate Avenue and
Larkin Street . The Committee, under
the leadership of Joseph Cotchett (, 64) ,
reported out two proposa ls in March .
The proposals brought generally favorabl e
reaction from th e community and the
H astings Board of Directors, whi ch
expressed its support for the options at its
March 2003 m eeting, directing staff to
work with the YMCA to fu lly evaluate
their feasibility.
Under th e first option, preferred
by the Blue Ribbon Committee and
co mmunity leaders, H astings and the
YM CA together wo uld create a state-ofth e-a rt fac ili ty at Golden Gate an d La rkin
Ca nnela Gold of the Shih Yu Lang Central YMCA
describes the Y's role in the Hastings partnership
proposa l at a meeting of the Blue Ribbon Committee
in February.
Blue Ribbon Committee m embers are Brother Kelly Cu llen, OFM, Director of the Tenderloin Neighborhood
Development Corp.; Carol Galante, head of BRIDGE Housing, a nonprofit affordable housing developer; C hair
Joseph Cotchett ('64); fo nner California Lt. Governor and Assembly Speaker Leo T McCarthy; and Brad Paul,
Senior Progra m Officer for the Evely n and Walte r Haas, Jr., Fund.
including an athleticlfitness center with a
pool, 20 to 40 units of stu dent housing,
ground-fl oor commercial space for uses
such as a coffee shop and college
bookstore, 400 to 450 parki ng sp aces,
and 20 to 30 secure bicycle lockers. Th e
60,000-sq uare-foot athletic fac ility, w hich
wo uld fea ture a plaza or outdoor gardens,
would contain a full-co urt gymn asiu m,
aerobic studios, a weight training center,
a computer technology center, yo uth and
senior program space, and community
and social space. It wo uld be connected
to the College's 200 McAllister Street
building to promote the use of th e
facility 's m any fun ctions by the College's
students, faculty, and staff
Th is proposal also calls for th e
conveya nce of the YMCA's existing
facility at G olden G ate Avenue and
Leavenworth t o a nonprofit housing
developer to create approximately 100
units of affordable rental housin g with
community-service functions on its
lower levels.
H astings and the YMCA currently
have selected an architect to develop
more detailed plans so as to determine
if the project is fin ancially feasible, and
th at work will continue through the fall.
Under the second option, the Coll ege
wo uld build a facility including groundfl oor commercial uses such as a coffee
shop and college bookstore, parking, and
student housing fronting on both G olden
G ate Avenue and Larkin Street .
First Abascal Fellow Fights for Environmental Justice
R
alph Abascal was the kind of
attorney Hastings College of
the Law is m ost honored to call
its own : a dedicated public interest
professional who devoted his life's work
to helping the poor. After gradu ating from
Hastin gs in 1968, Ab ascal dedicated his
entire career to representing fa rm wo rkers, people of color, the disabled, immigrants, and others who had traditionally
been denied access to the courts. litigating m ore th an 200 m ajor cases in his
career, Ab ascal worked with such
organizations as California Rural Legal
Assistance; the Center on Race, Poverty
and the Environment; and the San
Francisco N eighborhood Legal Assistance
Foundation.
Upon Ralph Abascal's death in 1997,
th e College and the H astings Public
Interest Law Foundation entered into a
uniqu e partnership to honor his mem ory
by establishing th e postgraduate Ralph S.
Abascal Public Interest Fellowship. Th e
Abascal Fellowship is a m onetary grant
awarded to recent H astings graduates
7·
Katie Silbennan ('00)
IIAST I NGS
entering the public interest field and is
intended to provide a strong foundation of
experience upon ,,,,hich to build a future
publi c intere t ca reer.
The first Abascal Fellowship was
granted to Katie Silberman, a 2000
Hastin gs grad uate. Silberman had served
as Co-President of HPILF, interned with
vera l nonprofit organizations, and
externed with a federal judge during her
three years at Hastings. ''Th e Fellowship
was reaUy my saving grace," Silberman
sa id . "I had always known I was going to
devote my legal career to public interest
work, but it was very difficult to find
funding. The Fellowship quite literally
made it possible for me to begin my
public interest career. "
As th e first Abascal Fellow, Silberman
accepted a position to work on a joint
proj ect of the Center for Environmental
H ea lth and People United for a Better
Oakland, two nonprofit organizations in
Oakland. Th e project focused on improving environmental health and justice in a
small co mmunity in East Oakland . Durin g
her Fellowship year, Silberman testified on
community environm ental justice issues
before such governmental bodies as
the Californ ia State Senate, the San
Francisco Board of Supervisors, the Bay
Area Air Quality Management District,
the San Francisco Commission on the
Environment, th e Alameda County Board
of Supervisors, and the Regional Water
Quality Control Board. She was also
quoted in the New York Tim es, the San
Francisco Chronicle, Tim e Magazine, Forbes
Magazine, and th e Oakland Tribune.
"The reason this Fellowship is so
important is th at it helps yo ung public
interest profeSSionals get on the right
tra ck from th e beginning and stay on
that track," she said. "Because of my
ex perience during the Fellowship year,
I was subsequently hired by my host
orga nization ." As Public Policy Advocate
at th e Center for Environmental H ealth,
Silberman con tinu es to advocate for environmental justice for poor communities.
The organizati on's Executive Director,
Michael Green , comm ented th at "withou t
the Abascal Fellowship, CEH would not
h ave been able to hire Katie. But with the
help of the Fellowship, she has been able
to contribute substantially to reducing
communiti es' exposures to toxi c
chemi ca ls in th e Bay Area. " Ralph Abascal
surely wou ld have been pl eased.
The Abasca l Fellowship funded a
second Fellow in the spring of 2003, who
will be reported on in an upcoming issu e
of the Hastings Community.
The Abascal Fellowship depends on
private donations. To contribute to the next
generation of Hastings public interest
alumni, please contact Tim Lemon at (415)
565-4682 or send a donation, designated
for the "Abascal Fellowship, to College
Relations, Hastings College of the Law, 200
McAllister St. , San Francisco, CA 94102.
II
Four New Sites
To Study Abroad
Benefactor Tim Mills ('86) cO llgratulates
International Fellow Hadara Stanton ('03).
F
our new international law schools
have been added to the College's
current cooperative arrangements
with institutions in British Columbi a and
Leiden in Th e Netherlands.
o European Union Law, the University of
Copenhagen, Denmark. Up to four students
may spend a fall or spring semester during
their second or third years in this program,
which is taught in English.
o Civil Law, the University of Heidelberg,
Germany. Two students may spend the
fall or sp ring semester during their second
or third years in this program, which is
taught in G erman. H eidelberg is
Germany's most prestigious law faculty.
o Comparative Law and Development in
Developing Countries, the School of Oriental
and African Studies Law Faculty, University
of London. Up to four students may spend
a fall semester during their second or third
yea rs at SOAS in LL.M. courses. They also
may cross-enroll in other graduate courses.
Optionally, students may spend th e year
at SOAS and complete an LL.M . degree
before returning to H astings to complete
the JD.
o International Environmental Law at
University College of London. Up to four
students may spend a fall semester during
their second or third yea rs in LL.M.
co urses. They may cross-enroll in other
graduate courses at the University of
London, whi ch has a premier international
environmental law program.
8
1066 TRUSTEES
F OSTER, MILLS
F URTHER INTERNATIONAL
F ELLOWSHIPS
II
ark E. Foster ('8 1) and
Tim Mills ('86), both 1066
Foundation Trustees, are
benefactors of Hastings ' International
Fellowship Fund. The Fund provides
fellowships for deserving students
to defray the cost of travel and living
expenses for unpaid summer internships
with agencies and organizations working
on international matters. In summer
2002, the three student fellows were
Moira Feeney, who worked in Haiti for
the Bureau des Avocats Internationaux
on human rights issues; Beverly Dale,
who worked in Washington, D.c., for
the D epartment of Justice Offi ce of
Overseas Prosecutorial Development
on cri minal reform efforts in Russia;
and H adara Stanton, who also worked
in Washington for the Department of
Justice Office of International Affairs
on multilateral law enforcement
treaties.
H AS T I NGS
CHARITABLE GIFT A NNUITIES
This in vited article was written by G eoffrey A. O 'Neill ('86) , who is the University
Counsel for the University of California, where he assists all UC campuses with tax and
legal issues related to development a nd charitable giving. Several planned-giving options,
which are administered by UC, are now available through Hastings. M r. O'Neill discusses
the various advantages offered by one of these options - charitable gift annuities - below.
I
n simple terms, a charitabl e
gift annui ty is an agreem ent
between an issuer (ch ari ty) and
an individual (annuitant) to pay a fixed
amount of money to the annuitant for
life. The transaction is deem ed to be a
"bargain sale" in which the annuitant
makes a gift and receives a privat e annuity
backed by the assets of the charity. The
gift qualifi es for a current charit able
income tax deduction; the p ayment rate
of the annuity depends upon the beneficiary's age - the older the benefi ciary,
the greater the income.' While charitable
gift annuities have been in existence for
many years, the current economic climate
has m ade them increasingly attractive to
donors because they offer security,
simplicity, and fl exibility.
SECU RITY
While the rate of return on a
charitable gift annuity h as fallen/ an individual would be hard-pressed to find an
investment with a better guaranteed rate
of return . The after-tax rate of return is
even more significa nt since a porti on of
each payment is deem ed to be a return of
principal. [A s an example, an 80-year-old
donor who funds a $100,000 gift annuity
contract would be entitled to an annual payment of $8,300 (8.3%) for the rest of his/
her life. If funded with cash, approximately
$6,000 of the first nine years' payments
would be characterized as return of principal
- and the donor would be entitled to a
charitable income tax deduction of approximately $44,OOOl This incom e stream is
very secure since it is supported by the
donor's gift and oth er ch aritable gift
annuity contracts issued by the charity, as
well as other assets of th e charity. Finally,
charitable gift annuities are regulated by
the State Department of Insurance, and
each charity must set aside a reserve to
m eet future payment obligations'
SIMPLIC ITY
A charitable rem ainder trust entails
a trust instrument and annu al incom e tax
returns; however, a typica l charitable gift
annuity agreem ent is a simple two-page
document, and each year's income is
reported on Form 1099. In fact, at the
time a gift annuity agreement is executed,
the annuitant will receive a st atement
indicating the tax consequences of every
payment to be received for the duration
of the contract . At th e University of
California, this simplicity also results in a
minimum funding level of only $10,000subst antially less than wh at is generally
required for ch aritable remainder trusts.
FLEXIBILITY
Th e typical gift annuity agreem ent
is fund ed with cash or publicly traded
securities and provides an immediate
annuity paym ent t o th e donor. H owever,
a charitable gift annuity is parti cularly
well suited to address a number of more
complex charitable giving situ ations:
o
Agreem ents can be structured
so that paym ents are deferred for a
p eriod of yea rs (often t o augm ent
other retirement incom e) . Deferral
increases the annual paym ent and the
am ount of th e income t ax deduction .
o
Since gift annuities are not subject
to self-dealingS and the other private
foundation excise taxes, a donor can
contribute real est at e and continue to
use/reside in the property. Of course, if
the usage is more than tem porary, there
2 In October 2002 , the ACGA announced rate reductions for
3 The charitable income tax ded uction reflects the applicable
federal rate in effect fo r an Apri l 2003 gift.
4 CA Insurance Code § 11520-11524 .
5 IR C § 494 1.
6 See IRC § 170(a)(3) and Treas. Reg. § 1.170A-5(b), Example (6).
7 See IR C § 5 12(e).
8 If the support is sizeable enou gh to ra ise gIft tax conce rns, a
gift annuities issued o n or after January I, 2003.
donor might use th e annua l gift tax exclusion andlor reserve the
I Most charities adopt rates suggested
by
the Ame rica n Council
on Gift Annuities (ACGA) . Historically, the rates are set every
three years and are designed to provide th e charity with
approximately 50% of the capital value of each gift based on
th e latest ass umpti o ns o n life ex pectancy, admini strative costs,
and investment returns.
9
Geoffrey A. O 'Neill ('86)
m ay be concerns about necessary
liquidity to m ake the annuity payments.
o
In rare instances, gifts of tangible
personal property where t he do nor
reserves certain rights to the property
might utili ze a charitable gift annuity.
This gift vehicle m ay be attractive
since it is not subj ect to the rule
delaying an income t ax deduction
until th e donor has no intervening
rights in the prop erty.6
o
S Corporation st ock and certain
other business interests generate
unrelated business t axable income. 7
Whil e this is disastro us for a ch aritable
rem ainder trust, a charitabl e gift
annuity is not autom atically di squalifi ed due to unrelated business in com e.
H owever, the paym ent m ay need to
be reduced to refl ect the potential
t axes to be p aid by the ch arity.
o
Many individuals, after they h ave
died, wo uld like to p rovide som e
continuing support fo r a relative,
friend, or caretaker. The relati vely low
minimum funding level for a charitable
gift annuity makes this an ideal vehicle
to implem ent such a plan.s
The above list is by no means exhaustive. Charitable gift annuities might also
be considered as part of the planning for
qualified retirement plan assets 9 or as an
"exit strategy" if a charitable rem ainder
trust is not providing the benefits sought
when est ablished w In short, a ch aritable
gift annuity should be considered whenever
one is involved in charitable gift planning.
right to revoke the reCipient's mterest in th e charitable gift
annuity,
9 See Ltr. Rul. 2002300 18 discussing the testa menta ry funding
of a charitable gIft annuity With retirement plan assets
10 See Ltr. Rul. 200 152018 where a donor's Income Interest In
a chantable remainder trust was exchanged for an mterest in a
charitable gift annu ity
HA
THE
TINGS
19TH
MATHEW
o.
TO B
" TRADITIONAL LAW AND THE LEGAL CRISES OF MODERN ISLAM "
Wael B. Hallaq delivered the 19th Mathew o. Tobriner Memorial Lecture on March 5, 2003. Professor
Hallaq , a leading scholar of Islamic law, has published more than 60 scholarly articles and books and
lectured at universities around the world. For the past 18 years, he has taught Islamic law and other
Islamic subjects at the graduate level at McGill University's Institute of Islamic Studies.
nation-state, an entity alien to the
The tragic events of September 11
But if Islamic law served Muslim
indigenous Muslim culture.
brought home to th e United States an
societies well, then why was Islamic law
imminent danger. For the first time in
decimated) Early in the 18th century, the
The nation-state required a decisive
American history, a brutal attack was
Ottoman Empire began to decline, while
transfer of power from the hands of the
traditional legal elites to the hands of the
m ade in the heartland. Yet there was little
European states experi enced a simultaneattempt to understand where its causes lie.
new state, but this transferred power was
ous rise in military technology and in
September 11 must be marked as the
economy. Europe emb arked on a policy
devoid of any legitimate authority. The
culmination of a massive
traditional legal profeshistorica l process that
sion that held genuine
originated a century and
authority stood at
a half ago. The causes of
the heart of the old
Muslim discontent span
institutions. The nationthe political, social,
state could not have
eco nomic, ethical, and
become a reality
much else. Yet a
without appropriating
comm on legal threa d
these institutions. The
runs through - the law
legal profession constands foremost, and
trolled the stupendous
politics is subservient
revenues of trusts, upon
to law. Between the
which the law colleges
rise of the Prophet
depended . If you
Mohammed and th e
destroy the finan cial
18th an d early 19th
structure of legal
century, th e caliph and
education, you destroy
sultan saw themselves
the profession itself. As
and were seen by others
early as the middle of
as subj ect to the holy
the 19th century, legal
Professor Hallcuj , left, makes a point to an enthusiastic audience at th e reception fo llowing the lecture.
law of God and conprofessionals trained
ducted themselves
in Western educational
of coloni zation of its immediate Muslim
within its dictates. Without subservience
institutions began to displace th e
to the law, no political legitim acy was to
neighbors, as well as the Muslim kingdoms
traditional legal profession with th e
be had. Hence the jurors and the judges
and sultanates in farawa y lands. The last to
adoption of Western-style law schools
of Muslim societies em erged as the
fall into disarray was the Ottoman Empire,
and hierarchical courts. These new elites
whose m ain holdings in w hat is now
custodians of the law. The rich , the
were easily incorporated into the emerging
Turkey were divided in 19 16 among the
powerful, and the poor, fro m sultan to
legal structures, while the religious lawyers
British and the French . Even before World
pauper, all stood as eq uals to receive their
found themselves unequipped to deal with
judgments. The state's lega l power was
War I, the Ottoman Empire was pressured
the new reality.
limited to the appointment and dismissal
into a program of political and administraTo ensure the total subordination
of judges. Judicial independence and the
tive restructuring effecting the initial
of law to the newly rising nation-state,
rule of law represented one of the most
steps toward government centralization
codification becam e th e standard mode of
striking features of traditional Islamic
legislation . No longer could the traditional
and producing w hat was to beco me the
cultures prior to the 19th century.
10
HA ST I NGS
INER
MEMORIAL
jurist determine what the law is according
to the divine text. Another traumatic
change was the importation of a variety of
European codes, at times lock, stock, and
barrel. That the Ottoman Empire and
Western Europe shared littl e in terms of
Professor Hallaq
social structures and economic structures
did not matter.
With the emergence of the nationstates after World War I, there were
attempts at synthesizing Islamic and
European laws, with Egypt leading the
way. By the 1970s, the Muslim world was,
legally speaking, dramatically Westernized.
Only family law continued to retain
provisions from traditional Islamic law,
although this area, too, was codified .
Having codified the law on the basis of
Western legal sources and having
decimated the infrastructures of the
traditional legal profession, the nationstate disposed of Islam and reigned
supreme as the unchallenged center of
legal and political power, with no checks
and balances. I am convinced that when
the colonial powers pressed for these
reforms, they did so without understanding
the ramifications. They surely did not
LECTURE
rea lize that they were introducing a
deadl y combin ation resultin g, among other
things, in oppressive governments in w hat
has come to be a troubled area of the
world.
The roots of Muslim rage must be
sought in the encounter between the
Muslim world and the hegemonic
European powers over the last century.
The difference now is that the United
States has taken over the role France and
England played until the late 1940s.
But the question rem ains, w hat lies
at the roots of Muslim discontent? The
transfer of power from the Islamic
legal profession to a secular state was
accomplished, and the changes brought
upon Muslims authoritarian and
oppressive regimes. The constitutions that
protect individual rights and freedoms in
the West have been employed in modern
Islam as nothing more than efficient
m eans to enhance the powers of the
ruling class, to crush civil liberties and
the democratic process, and to disband
parliaments.
Islam is a religion of law - a lega l
ritual, a divine law, a way of life, a
comprehensive system of belief and
practice that generates an imm ediate connection between th e Muslim individual
and his Lord. This has been the reality of
Muslims for more than 13 centuries.
Nevertheless, modernity is here to
stay, and today's Muslims are struggling
to make sense of the new reality and the
tradition and religion through which
they continue to define themselves. The
em ergence of the state as a carrier of
legal power is seen as doubly repugnant,
beca use the state not only appropriated
law from the religious lawyers, but also
had proven itself to be an entity
disconnected from its p eople and lacking
in religiosity, piety, and rectitude. If Islamic
law had represented to Muslims the best
of religious life, then the state stood
for the worst of worldly temptation,
corruption, and, recently, oppression. The
11
state not only substituted God 's law with
a nonreligious law, but chose the law of
the colonizers. The ramifications are
violent acts of destruction, whether in
Khartoum, Kabul, or New York. At the
end of the day, the culprit is the rupture
of history: The abrupt and brutal
disconnection from the past, from its
legacies, institutions, and traditions, lies
at the heart of these probl ems. As one
Muslim put it, ''To drive a car safely, one
should be looking ahead but never lose
sight from the rear mirror." The question
now is whether Muslims can retrieve some
of their past to remedy their present and
future problems. Will their governments
heed their cause, and will they have any
sympathetic hearing from outside
observers and from those who control
their destinies from faraway lands?
Before the lecture, members of the Tobriner Executive
Committee met with the 2003 Tobriner Lecturer:
Standing are Michael C. Tobriner, Chancellor Mary
Kay Kane, and Digardi Distinguished Professor Joseph
Grodin. Seated are Executive Committee Chair
Gerald D. Marcus and Professor Wael Hallaq,
2003 Tobriner Lecturer:
Celebrations and events marking Hastings' 125 th Founders Day included a
speech by University of California President Richard Atkinson, the first UC President to
speak at a Hastings Founder's Day. With his greetings, he brought Chancellor Kane a gift:
a flag of the University of California. Hastings' Civil Rights Clinic marked its 10th
anniversary simultaneously with Founder's Day events (see "Campus Notes'') .
Attorneys General Nicholas Katzenbach, Edwin Meese III, and Richard
Thornburgh convened, in what has become a Hastings tradition, for an afternoon
roundtable discussion on national administration-of-justice policies relating to issues
in the news during the past year. The event, moderated by Harvard Professor
Arthur Miller, was broadcast nationally by C-SPAN in April. (Highlights of the
Attorneys General Forum will appear in the next issue of the Hastings Community.)
Additionally, the publication of a supplement to the San Francisco
Daily Journal marked the occasion (see sidebar).
HASTINGS'
2003
ALUMNUS OF THE YEAR
ALBERT R. ABRAMSON (,54)
A
lbert R. Abramson is the
recipi ent of the Hastings Alumni
Association's 2003 Alumnus-ofthe-Year Award, presented in recognition
of his exempl ary career, as well as for his
longtime service to the legal profession,
to his community, and to the law school.
Mr. Abramson is the senior founding
partner of the Abramso n & Smith law
fi rm in San Francisco. H e is a nationally
prominent plaintiffs' trial lawyer and is
recognized as being a pioneer in aviation
law. In addition to his distinguished and
very demanding trial practice, he always
has taken time to share his expertise with
12
others in the profession by serving
as a frequent CLE lecturer, not only
at Hastings, but also with Continuing
Education for th e Bar and for man y oth er
CLE providers, including the School of
Air Law and Co mmerce, the Intern ational
Society of Air Safety Investigators,
Southern Methodist University, the New
York Law Journal, and the California Trial
Lawyers Association.
A longtime supp orter of the
H astin gs Alumni Association, he always
has encouraged other m embers of his
own firm to be active in the Alumni
Association. Indeed, in 1998, the Alumn i
Association recognized his firm of
Abramson & Smith as being the "Firm of
Presidents," having been the source of four
Al umni Association Presidents, including
both Al and his son, Eric Abramson ('8 1) .
Al also served as one of the lead donors
who provided the funding for the
2003 Alumnus of the Year A l Abramson ('54)
celebrates his award with his son, Eric Abramson
('8 1). Both Abramsons previously served as President
of the Hastings A lu mni Association.
construction of the Alumni Reception
Center, which has served as th e primary
venue for alumni events held on the
Hastings campus for m any years now.
In addition to his work on many fronts
in support of the Alumni Association,
Abramson has been the longtime class
agent for his class and a 1066 Foundation
member for many years, as well. He has
been a faculty member in various H astings
Continuing Legal Education programs,
including serving as a fac ulty member in
Hastings' College of Advocacy Program
and as a fac ulty m ember in th e initial
offering of th e law school's "Ultimate
Anatomy of a Trial" C LE series, which
subsequently received national television
coverage on the Court TV network on
several occasions.
Additionally, Abramso n has been
actively involved in leadership positions
with a wide array of professional
organi zati ons. These include havin g been
the President of the San Francisco Trial
Lawyers Association, the International
Academy of Trial Lawyers, and the San
Francisco Ch apter of th e American Board
of Trial Advocates. H e has served since
199 2 on the National Board of Directors
of the American Board of Trial Advocates.
Abramson has received m any awards
in recognition of his celebrated trial skills,
including the "Trial Lawyer of the Year"
honor, w hich was awa rded in 199 2 by the
California Division of the American Board
of Trial Advocates. H e has been listed in
Town and Country's directory of the
"Nation's Top Lawyers" and, since the
original edition to th e present, in the
Best Lawyers in America directory. H e
previously was selected as one of the two
best plaintiffs' personal injury lawyers in
a poll conducted by the San Francisco
Examiner and, in 1999, was awarded the
San Fran cisco Tri al Lawyers Association's
first "Lifetime Achievement Award ."
. 13
125 YEARS OF
CALIFORN I A LAW
o mark the
College's 2003
Founder's Day, the
San Francisco Daily Journal
legal newspaper published
a 24-page supplement,
"125 Years of California
Law." The supplement was
mailed to alumni in spring
2003; limited additional
copies are available by
contacting Public Affairs,
[email protected],
(415) 565-4805.
THE STATE OF UC: MAINTAINING FACULTY EXCELLENCE
Richard Atkinson, Founder's Day featured speaker, is the
17th President of the University of California, having taken
office in October of 1995. Before becoming UC President, he
was UC San Diego 's Chancellor and prior to that Director
of the National Science Foundation. Before his NSF duties,
he was a longtime member of the Stanford faculty, where
he served as a professor of psychology and also held
appointments in the areas of engineering, education, and
mathematics. President Atkinson plans to step down from
his post as UC President in October 2003.
RICHARD ATKI NSON
PRESIDENT OF THE
UNIVERSITY OF
CALIFORNIA
II
hancellor Kane has asked me
to make a few remarks about
the state of the University of
California, and I would say that our state
is very similar to yours. We have real
difficulties. You are fortunate in one sense,
that your enrollment is under control.
Our problem is that our enrollment is
expanding at an incredibly fast rate.
We've had a massive expansion in the
undergraduate enrollments of the
University of California over the last
five years.
The next 10 years we' ll have another
40% expansion. Since 1960, legislation
has mandated that the University of
California accept the top 12.5 % of high
school graduates in California, not on a
high school by high school basis, but fo r
the state as a whole. This means th at som e
high schools send us 20% to 30% of their
graduates and other h igh schools send us
one or two of their graduates, but the
University of Ca lifornia, in theory, is
restricted to that group of students.
Twenty-five years ago, of the 12.5 %,
about 5.5% of the graduating class went to
the University of California. A few years
ago, we made projections for enrollment,
based on the current percent of the high
school graduates attending the University
of California, and it was 7.3%. We 've had
14
to revise those projections again, because
it 's now up to 7.7 %.
It is clea rly a very good deal for
yo ung people to attend the University of
California. Our fees are dram atically low
in comparison to other public universities,
and if any of you have a son, da ughter, or
gra ndchild at Sta nford, for example, you 'll
note th at their tuitions are running about
$30,000, plus another $10,000 for living
expenses. So coming to the University of
California is an attractive alternative, but
for us the growth is creating mammoth
problems.
We have to expand our facu lty, but,
as you know, we are at a period where the
state's resources are very constrained. To
give you a sense of that, I can tell you that
over the last three years, the University of
~ND MANAGING ENROLLMENT WHILE ENSURING DIVERS I TY
California's enrollment has grow n by 18%,
and our state budget has declined by 6%.
RECRUITING QUALI TY FACULT Y
If we are to maintain the excellence
of the University, we' re going to have to
continue to provide quality education for
these students, and that means we are
going to have to be able to recruit the
quality of faculty that have traditionally
characterized the University of C alifornia .
The issue of quality is extremely
important for the University. Most people
think in terms of the teaching programs
of the University, and there h as often
been the view that, if the faculty would
only focus on teaching and not worry
about other m atters, everyone would
be better off. But the state Constitution
also describes the University of Californi a
as the research arm of the State of
California, and our research programs
are extremely important.
AN ECONOMY DRIVEN BY RESEARCH
There have been economic studies
that indicate clearly that the research that
flows from the University of C alifornia
has been absolutely key to the economy
of the state. The agricultural econom y of
ea rlier times has ch anged to one driven by
aerospace and technology. Silicon Valley
may have its problems now, but clearly
the w hole technological revolution of our
economy has been very much based on
university research, and the University of
California h as been very much in the
forefront of that .
For example, annually, the federal
government publishes a table listing
universities th at receive government funds
for their research programs. O f the top 15
institutions in the U nited States, fi ve are
campuses of the University of California.
All the others are private universities,
except for the University of Michigan .
To have access to the fac ulty that
has been assembled here is critical to the
future of the young people comin g out
of the University and their ability to
you 're a white Ca lifornian, 12 .5% of the
hi gh school graduates w ho are white are
eligible fo r the University of California.
Som e 38% of the high school graduates
w ho are Asian-Americans are eligibl e, and
about 4% of the high school gradu ates
w ho are African-American or Latino are
eligible.
How are we to have the support of
the State of California, if we cannot draw
from a broad spectrum of students? That
is the real issue. If that top 12 .5% is just
The whole technological revolution of our economy
has been very much based on university research,
and the University of California has been very much
in the forefront of that.
contribute to the long-term interest of the
state. T hus, a problem fo r the University is
m aintaini ng quality over time, given the
budgetary constraints that are now being
imposed upon us.
THE CHALLENGE
OF ENSURING DIVERS I T Y
Another constraint on the University
of Californi a is the diversity of our student
body. H ow are we going to ensure that
the diversity of the student body, in som e
sense, m atches the diversity of the state)
We're to draw from the top 12 .5% of the
high school grad uates of the state. If
15
wh ite, and Asians and Latinos and Africa nAmericans are left out, I guarantee you
that support for the U niversity will be a
real problem . The University is very
foc used on diversity.
Proposition 209 places us in a
position w here we have a limited number
of tools to work with , but the future of
the University is really tied to two issues:
m aintaining the quality of the fac ulty
that we 've had in the p ast and ensuring
diversity in th e U niversity so th at we will
continue to receive support from the State
of Califo rnia.
HA
TING
FACULTY NOTES
PROFESSOR MARK
AARONSON wrote "Ideas Matter:
A Review of John Denvir's Democracy's
Constitution: Claiming the Privileges of
American Citizenship," which appeared in
36 US.F L. Rev. 937 (2002) . 0 His article,
"Thinking Like a Fox: Four Overlapping
Domains of Good Lawyering," was
published in 9 Clinical L. Rev. 1 (2002).
PROFESSOR VIKRAM AMAR
had published two articles. 0 "The New
Regulation Allowing Federal Agents to
Monitor Attorney-Client Conversations:
Why It Threatens Fourth Amendment
Values," 34 Conn. L. Rev. 1163 (2002)
(with A. Amar) . 0 "Reasonable
Accommodations Under the ADA," 5
Green Bag 2d 361 (2002) (with A.
Brownstein) . 0 His op-ed with A. Amar,
"No Reason to Throw Out the DogMauling Case," appeared in the Los Angeles
Times on July I, 2002 . 0 On September
22, 2002, the Los Angeles Times printed
"The Golden Rule of Racial Profiling,"
an op-ed that was reprinted in other newspapers as well. 0 He published 15 online
articles, 11 of which were written with A.
Amar, on th e site http ://writ.news.find"Eighth Amendment
law.comlam ar/:
Mathematics (part Two) : How the Atkins
Justices Divided While Summing" (July
2002).0 "Constitutional Vices: Some
Gaps in th e System of Presidential
Succession and Transfer of Executive
Power" (Jul y 2002) . 0 "Judicial Elections
and the First Amendment: The Sensible
Middle Path That the Supreme Court
Missed" (August 2002). 0 "Should U.S.
Supreme Court Justices Be Term-Limited?
A Dialogue" (August 2002). 0
"Constitutional Accidents Waiting to
Happen - Again : How We Can Address
Tragedies Such as Political Assassinations
and Electoral Terrorism" (September
2002).0 "If the Economy's Doing So
Badly, Why Are Law Firm Salaries Still So
High? Stable Salaries Offer Window into
Law Firm Culture" (S eptember 2002) .
o "Rewriting the N.J. Ballot: Some
Preliminary Issue Spotting" (October
2002).0 "More on McConnell: Why the
Senate Judiciary Committee Should
Support Michael McConn ell 's Nomination
to the U.S. Court of Appeals for the 10 th
Circuit" (November 2002). 0 "The Ninth
Circuit on Free Speech, Federalism, and
Medicinal Marijuana" (November 2002) .
o "Taking an Interest in the Upcoming
Supreme Court Case on Lawyers ' Trust
Accounts: The Just Compensation Clause
and Monetary Compensation" (November
2002). 0 "How Should the Supreme
Court Weigh Its Own Precedent? This
Term, the Court Confronts Stare Decisis,
(Part On e)" (December 2002). 0
"Precedent on the High Court: More on
Bakke and Bowers: Part Two of a ThreePart Series on Stare Decisis" (December
2002). 0 "Some Final Thoughts on the
Bakke Affirmative Action Ruling and
Reliance in a Changing Legal World:
Part Three of a Three-Part Series on
Precedent" (January 2003). 0 "The Bush
Administration 's Position in the Michigan
Affirmative Action Cases: D o Michigan's
Policies Satisfy Bakke's Standards) (Part
One)" (January 2003) . 0 "The Bush
Administration and the Supreme Court's
Michigan Affirmative Action Cases:
16 ·
Narrow Tailoring and Alternative Methods
for Ensuring Diversity (Part Two)"
(February 2003).0 The 2003 Supplements
to Volumes 1 7 and 1 7A of Federal Practice
and Procedure were published in 2003 with
Wright, Miller & Cooper.
In October 2002, Professor Amar spoke
to the California State Bar's Environmental
Section Annual Conference in Yosemite on
Supreme Court developments. 0 He was a
presenter on the jurisprudence of and legal
developm ents in the Ninth Circuit at th e
Mid-Winter Conference of th e Ninth
Circuit in Santa Barbara in January 2003 .
o In February, he spoke on voting rights
and teaching constitutional history at the
National Scholars' Center for Civic
Education in Pasadena. 0 As guest speaker,
he gave a talk entitled "The Constitution in
Action" to an Aspire High School Program
in San Jose in March. 0 He spoke on th e
current Supreme Court term at the
Annual Conference of the United States
District Court for the Northern District of
California in Santa Rosa in May 2003 . 0
Professor Amar's media appearances since
summer 2002 have included interviews on
constitutional topics on CNN and National
Public Radio, as well as numerous local
television stations.
PROFESSOR MARGRETH
BARRETT had published "A Fond
Farewell to Parallel Imports of Patented
Goods: The United States and th e Rule of
International Exhaustion " in European
Intell. Prop. Rev. 571 (2002) .
. · · · HA
PROFE S SOR ASHUTOSH
BHAGWAT had published an article,
"Cloning and Federalism, " in 53 Hastings
L.1. 1133 (2002) .
In April, Professor Ash Bhagwat was
interviewed by ABC affiliate Channel 7
KGO on First Amendment issues raised
by anti-war protesters disrupting San
Francisco businesses.
PROFESSOR GAIL BOREMAN
B I R 0 had published the eighth edition
of her casebook, Cases and Materials on
California Community Property, in May
2003.
In October 2002, she made a
presentation to the Orange County
Chapter of the Hastings Alumni
Association on the subject of the enforcement of interspousal agreements under
California community property law.
PROFESSOR
TINGS
at UC San Fran cisco in October. 0 In
October and December 2002, she was a
speaker on California administrative law as
part of a training session in World Trade
Organ ization principles and American
administrative law for the Office of
Legislative Affairs of th e State Council of
the Peopl e's Republic of C hina, organized
by the Asia Foundation in San Francisco.
o She spoke at an update session on
pharmacy law at UC San Francisco School
of Pharma cy in Apri l 2003.
In November 2002, Professor Cohen
appeared on CBS affiliate Channel 5
KPIX, commenting on torts suits for
obesity brought against fast-food companies. 0 Also in November, she appeared
on Channel 4 KRON on a case involving
a mother who was videotaped disciplining
her child in a North Carolina shopping
center parking lot. 0 In January 2003, she
was interviewed by ABC affiliate Channel
7 KGO on a change in law involving the
statute of limitations and its effect on
sexual abuse suits against the Catholic
Church.
Jo CARRILLO
had published "Getting to Survivance: An
Essay about the Role of Mythologies in
Law," in 25 Pol. & Legal Anthropology Rev.
37 (2002).
PROFESSOR MARSHA COHEN ,
as a member of the Committee on the
Use of Scientific Criteria and Performance
Standards for Safe Food of the National
Academy of Sciences/Institute of
Medicine, had published a report,
"Scientific Criteria for Safe Food," in
April 2003 .
"What's New in California Pharmacy
Law?" was the title of Professor Cohen's
remarks at the Western Pharmacy
Education Fair of the California
Pharmacists Association in Sacramento
in September 2002 . 0 "Tort Law for
Psychiatrists" was the title of her talk to
the Forensic Psychiatric Fellows Program
In January 2003, Professor Marsha Cohen,
appearing on ABC affiliate Channel 7
KG 0 , commented on a change in law
involving the statute of limitations and its
effect on sexual abuse suits against the
Catholic Church.
PROFESSOR WILLIAM DODGE
had the following publications : 0 "An
Economic Defense of Concurrent
Antitrust Jurisdiction," 38 Tex. Int'l L.J.
(2002).0 "Loewen v. United States: Trials
and Errors Under NAFTA Chapter
Eleven," 52 DePaul L. Rev. 563 (2002).
In April 2003 , he made two speeches:
o "The Structural Rules of Transnational
Law," at the American Society of
17
International Law Annual Meeting in
Washington , D.C. 0 "NAFTA Chapter
Eleven," at th e Sixth Circuit Judicial
Conference in Memphis.
PROFESSOR DAVID FAIGMAN
had published an article entitl ed
"Is Science Different for Lawyers?" in 297
Science 339 (2002).0 Also published was
the 2003 Supplement to Modern Scientific
Evidence: The Law and Science of Expert
Testimony (with Kaye, Saks & Sanders) .
His talk to a group of Florida State
Judges, entitled "Scientific Evidence," was
sponsored by Duke University's Private
Adjudication Center in Miami, Florida, in
August. 0 Also in August, as a presenter for
the American Law Institute and American
Bar Association Conference on Science and
the Law in Bermuda, he reviewed federal
and state cases on expert testimony.
o At the National Conference on Science
and the Law, sponsored by the Justice
Department in Miami, Florida, in October
2002, he gave a presentation, "A Review of
Federal Cases on Expert Testimony," and
was a member of a panel considering the
admissibility of partial latent fingerprint
identification evidence. 0 "Science and
the Law: Past, Present, and Prospects for
the Future" was the title of his keynote
address at the Canadian Judges Conference in Halifax, Nova Scotia, in November
2002.0 In January 2003 in Menlo Park, he
gave a presentation to the U.S. Geological
Survey entitled "Stemming the Excess
Heat of Expert Testimony: Increasing the
Frictional Resistance to Bad Science."
CHANCELLOR AND
DEAN MARY KAY KANE ,
DISTINGUISHED PROFESSOR
OF LAW, had published 0 Civil
Procedure in California: State and Federal
(with Levine) (2003).0 The 2003 Supplements to the 12 volumes of Federal Practice
and Procedure (with Wright & Miller) for
which she is primarily responsible.
With Boalt Hall Professor and former
Dean Herma Hill Kay and Michael Traynor
of Cooley Godward, she participated on a
panel, "One Dispute, Two (Or More)
Courts: Litigating in the Global Economy,"
sponsored by the Bar Association of San
H AST I NGS
Fran i co in an Franci co in July 2002 .
:l In eptember, Chief Justice Ronald
George of the California Supreme Court
appointed C hancellor Kane to the
Califomia State Board of Bar Examiners
Task Fo rce on the Accreditation of
O n-Line Law Schools. 0 Also in
September, she was appointed to chair
a joint Working Group co-sponsored by
the ABA Section of Legal Education and
Admissions to the Bar, the Association
of American Law Schools, the N ational
Conference of Bar Examiners, and the
Conference of Chief Justices. The G roup
is charged with considering and recommending strategies and ideas for the
improvem ent of the administration of
bar examinations and improvem ent in
relati onships between law schools and bar
admissions authorities in the United States.
o At the annual Association of American
Law Schools m eetin g in Washington, D.C ,
in January 2003, Chancellor Kane gave
a talk entitled "Technology and the Law
Librarian in the 21 " Century" and was
a panelist on a session devoted to the
challenges of becoming and being a
woman dean . 0 In March, she chaired the
ABA!AALS accreditation site inspection
team for Indiana University-Indianapolis
Law School. 0 In April, she spoke at the
Cactus Roundtable Conference sponsored
by the N ational Conference of Bar
Examiners in Phoenix, Arizona, on the
relationship of law schools and bar
examiners.
PROFESSOR FREDERICK W .
LAMBERT was the m oderator of a
Recorder Roundtable Discussion held
September 2002, entitled "Th e Ins and
Outs of the Sarbanes-O xley Act ."
PROFESSOR DANIEL
LATH ROPE h ad published the 2002-2
Supplement and the 2003-1 Supplem ent
to his treatise, The A lterna tive Minimum
Tax: Compliance and Planning W ith
Analysis. 0 The fo urth edition of Black
Letter on Corpora te and Partnership
Taxation (with Schwarz) was published in
January 2003. 0 H is book, Selected Federal
Taxation Statutes and Regulations, also was
published in 2003 .
In May and June 2003, he taught U. S.
taxation of international transactions to
graduate students at Leiden University in
The N etherl ands.
PROFESSOR EVAN LEE served
as a p anelist for "Supreme Court Review,"
a program for federal judges and court
personnel, produced by the Federal
Professor Fred Lambert was interviewed by
San Jose-based NB C 11 reporter Jan Boyd
in Decem ber 2002 on bankruptcy protection
for United A irlines.
Judicial Ce nter, taped in Washington,
D. C, in July 2002, and televised to federal
courts nationwide. 0 In D ecember 2002,
he was elected to m embership in the
American Law Institute.
JOHN LESHY, DISTINGUISHED
PROFESSOR OF LAW, had
publish ed the prefa ce to Endangered
Species Act: Law, Policy, and Perspectives
(Baur & Irvin eds.) , Ameri can Bar Association Section on Environment, Energy, and
Resources (2002). 0 His article, "Mining
Law Reform Redux, Once More," was
published in 42 Natural Resources Journal
461 (2002) .
In O ctober 2002 in Missoula, Montana,
Professor Leshy presented the keynote
address to the American Bar Association 's
Section on Dispute Resolution Annual
Confe rence on N atural Resources Disputes
Involving Indian Tribes. 0 "Takings and
Water Rights" was the title of his speech at
the Fifth Annu al Confe rence on Litigating
Regulatory Takings Claims sponsored by
the Georgetown Environmental Law and
Policy Institute and held at Boalt H all in
October 2002. 0 Also in O ctober, he gave
a presentation entitled "Recovering FDR's
18
Federal Lands Lega y" at the Frankli n
and Eleanor Roosevelt Institute, FD R
Presidential Library, Hyde Park, New York.
o On th e occasion of th e awarding of th
Grand Canyon Trust's John Wesley Powell
Award to fo rmer Secretary of the Interior
Bruce Babbitt in Phoenix in Janu ary 2003,
Professor Leshy made a speech entitl ed
"Bruce Babbitt's Conservation Legacy." 0
He presented the keynote address, "The
Federal Role in Water Management in the
West : Time for N ew Thinkin g?" at the
American Bar Association 's Section of
Environment, Energy, and Resources 21 "
Annual Water Law Conference in San
Diego in February. 0 In Albuquerque in
May, at the Special Institute on Public
Land Law, Regulation, and Management
of the Rocky Mountain Mineral Law
Foundation, he made a speech, "The Bush
Administration and Federal Lands and
Resources: An O utsider's View at MidTerm ." 0 In June, Professor Leshy was a
presenter at a panel discussion on energy
and mining at the 12th Institute for Natural
Resources Law Teachers sponsored by the
Rocky Mountain Mineral Law Foundati on
in Grand Junction, Colorado. 0 He
recently joined the Boards of Directors
of Arizona Raft Adventures in Flagstaff,
which operates commercial river trips
in the Grand Canyon, and the Wyss
Foundation in Santa Fe, which funds land
conservation activities in the Rocky
Mountain West.
PROFESSOR DAVID LEVINE had
published Civil Procedure in California:
State and Federal (with Kane) (2003) .
RICHARD MARCUS , HORACE
O.
COIL (,57) CHAIR IN
LITIGAT ION , had published
"Reform Through Rulem aking7 " 80 Wash.
U L.Q. 901 (2003) .
In O ctober 2002, Professor Marcus
completed a six-year term as a member
of the Ninth Circuit's C ommittee on
Local Rules and Internal Operating
Procedures. 0 In N ovember, Chief Judge
Mary Schroeder of the Ninth Circuit
appointed him to a two-year term on
a newly created Task Force on SelfRepresented Litigants, which is chaired
H A S TING
by Judge Thelton Henderson of the
Northern District of Californi a. 0 Also
in November, he was the moderator of
a panel, "Thinking About Optimal
Enforcement," during a San Francisco
symposium on enforcin g privacy ri ghts.
AC ADEMIC DEAN LEO P .
M A RTI N EZ had published an invited
piece, "Classic Insurance Law in a
Postmodern World," 2 Nevada L.1. 403
(2002).0 From a paper presented at Boalt
Hall, his article, "Toward a Statistical
Profile of Latinos in the Legal ProfeSSion,"
was published in 13 Berkeley La Raza L.1.
59 (2002) (with Stanford Professor
Miguel Mendez).
In January 2003, he was the keynote
luncheon speaker for Mealy's Program
on Employment Practices Liabilities in
San Diego. 0 Also in January, on behalf
of the American Bar Association, he
performed the site evaluation for Seattle
University School of Law's proposed
LL.M. Program in American Legal Studies.
UGO A . MATTEI , ALFRED
AND HANNA FROMM CHAIR
IN INTERNATIONAL AND
ROGE R C . PARK , JAM E S
EDG AR HERVEY CH AI R IN
LI T IG A T ION , had published the
2002 Supplement to his Trial Objections
H andbook. 0 The 2002 Supp lement to
Cases and Materials on Evidence (with
Waltz) also appeared. 0 In December
2002, th e Seco nd Edition of Quick
Reference Guide to Trial Objections was
published. 0 In 2003, Professor Park had
published a book chapter, "Adversarial
Influ ences on the Interrogation of Trial
Witnesses," in AdIJersarial Versus
Inquisitorial Ju stice: Psychological
Perspectives on Criminal Justice Systems
(P.l. van Koppen & S.D. Penrod eds.).
In February 2003, he was a panelist
at a conference, "Expert Admissibility:
Keeping Gates, Goals, and Promises," at
Seton Hall University School of Law, in
Newark, New Jersey. 0 He was a panelist
at a conference, "Inference, Culture, and
Ordinary Thinking in Dispute Resolution,"
at the Benjamin F. Cardozo School of Law,
in New York City in April. 0 Also in
April, he was the principal speaker at a
conference entitled "Visions of Rationality
in Evidence Law," held at Michigan State
University Law School in East Lansing.
COMPARATIVE LAW, with Jeff
Lena, is the editor of a book, Introduction to
Italian Law (2002) . 0 Within Introduction
to Italian Law, he also wrote a chapter,
"Property Law," pages 283-31 7 (with
Antonio Gambaro). 0 'Teaching Comparative Law in the Hegemonic Jurisdiction"
is the title of his article in American Law
in a Time of Global Interdependence, U.S.
National Reports to the XVI International
Congress of Comparative Law, 50 Am. 1.
Compo Law 87 (Supp. 2002) . 0 An editorial, "Quale Codice Civile Per L'Europa 7 "
appeared in Riv. Crit. Dir. Priv. 1 (2002)
in Italian. 0 In October 2002, he had published a book review of F. Denozza, Norme
Efficienti in L'Indice dei Libri del Mese.
PROFESSOR MELISSA
NELKEN in September 2002 was an
expert witness in a Canadian murder trial,
Queen V. Dorsay, in Vancouver, B. c., on
the subject of psychotherapist-patient
privilege. She testified in connection with
various defense pretrial motions.
PROFESSOR JENNI PARRISH
had published an article, "Litigating Time
in America at the Turn of the 20 th
Century," in 36 Akron L. Rev. 1 (2002).
PROFESSOR JOEL R . PAUL is
the author of an article, "Do International
Trade Institutions Contribute to Economic
Growth and Development 7 " in 44 Va. 1.
Int'l L. 78 (2003) .
In September 2002, he participated in
a panel, "The Ethics of Patient Safety," at
a conference on patient safety at the UC
Irvine College of Medicine. 0 "Resisting
Culture" was the title of his speech at a
conference on International Legal Order
held at the Institute for Internati onal Peace
in Vienna, Austria, in November.
o Also in November, he gave a speech
entitled "The Efficacy of the World Trade
Organization" at a conference on the
limits of international law at New York
University in New York City. 0 In January
2003, he participated in a roundtable
19
discussion on international trade law at
Boalt Hall. 0 In October 2002, Professor
Paul was appointed by Judge Myron Bright
of the U.S. Court of Appeals for the Eighth
Circuit to the Academic Committee of the
Judicial Conference of the United States
Committee on International Judicial
Relations Task Force on Education. 0 In
March 2003, he was a guest on National
HASTINGS
Publi Radio affiliate KQED on the
"Forum" program with Michael Krasny,
peaking on the U. . ecurity Council 's
failure to authorize the u.s. military operation in Iraq. In April, at a conference on
law and development at Harvard Law
School , he spoke on th e World Trade
Organization and economic development.
o Also in April, he spoke to the World
Affairs Forum in San Francisco on the
legality of regime change. His talk was
subsequently aired on National Public
Radio affiliate KQED.
Treatment of prisoners of war under the
Geneva Convention was the subject of Bill
Schnecher's interview with Professor Joel
Paul, which appeared on CBS affiliate
Channel 5, KPIX, in March.
PROFESSOR AARON
RAPPAPORT presented a paper on
the purposes of punishment underlying
federal sentencing guidelines at a Yale
Law School symposium on the federal
sentencing guidelines in November 2002.
PROFESSOR NAOMI
ROHT-ARRIAZA reviewed Mark
Ensalaco's Chile Under Pinochet: Recovering
the Truth in 34 J Latin Am. Stud. 195
(2002).0 She had published "El Papel de
los Actores Internacionales en los Procesos
Nacionales de Responsabilidad" in
Barahona de Brito, Alexandra, Paloma
Aguilar Fernandez y Carmen Gonzales
Enriquez eds., Las Politicas Hacia el Pasado
(Madrid, Spain: Istmo, 2002). 0 Her
article, "Civil Society in Processes of
Accountability," appeared in Post-Conflict
Justice, edited by M. Cherif Bassiouni and
published by Transnational Publishers
in 2002.0 "From Country-Based to
Corporate-Based Campaigns" appeared
among articles published from a symposium panel, Cities, States, and Foreign
Affairs: The Massachusetts Burma Case
and Beyond, in 21 Berkeley J Int'l L. 185
(2002) .
In October 2002, she gave a speech,
"The Pinochet Case as a Paradigmatic
Case of Universal Jurisdiction)" at a
conference, Paradigms of International
Justice, held at Washington University in
St. Louis, Missouri. 0 "Justice in the Wake
of Massive Human Rights Violations:
Advances and Prospects" was the title
of her presentation at the Peace and
Reconciliation International Conference in
Narvik, Norway, in October, 2002.0 In
December, at Notre Dame Law School in
Indiana, she gave a talk, "The Pinochet
Case and Universal Jurisdiction." 0 In
March 2003, she spoke in Oakland at the
Mills College Spring Colloquium on the
implications of U.S. foreign policy in the
Middle East at home and abroad. 0 Also
in March, she presented a talk entitled
"Peace with Impunity: The Salvadoran and
Guatemalan Processes" in a seminar,
States of Exception and Strategies for
Peace for the Defense of Civil Rights, in
Brussels, Belgium. 0 In April, at the
Conference on Human Rights and Conflict
Resolution at the Fletcher School of Law
and Diplomacy at Tufts University in
Medford, Massachusetts, she gave a
talk, "The Sierra Leone Experience."
o In June, a speech, "Civil Remedies and
Reparations," was given at a conference,
Searching for Justice: Comprehensive
Action in the Face of Atrocities, at York
University in Toronto. 0 In the summer of
2003, Professor Roht-Arriaza is teaching
international human rights in the Oxford
University-George Washington University
joint summer program in Oxford, England.
PROFESSOR STEPHEN
SCHWARZ in January 2003 had
published the fourth edition of Black
Letter on Corporate and Partnership
Taxation (with Lathrope).
As a commentator, he delivered
remarks entitled "Commerciality: How
Much Is Too Much" at an invitational
conference, Defining Charity: A View
20
From the 21 st Century, spon ored by th e
National Center on Philanthropy and the
Law at New York University School of
Law in October 2002.0 In 2002,
Professor Schwarz was appointed to the
Board of Advisers of the National Center
on Philanthropy and th e Law at New York
University School of Law. 0 Also in
2002, he was named an adviser to a new
American Law Institute project, Prin ciples
of the Law of Nonprofit Organizations.
PROFESSOR WILLIAM W .
SCHWARZER , THOMAS E .
MILLER DISTINGUISHED
PROFESSOR OF LAW , had
published the 2003 Update to Federal
Civil Procedure Before Trial.
From September 9 to 13, 2002, and
December 9 to 13,2002, Judge Schwarzer
sat with the Ninth Circuit Court of
Appeals in Pasadena. 0 In October in
Napa, he led a seminar on summary
judgment procedure for Ninth Circuit
Chief Bankruptcy Judges. 0 In January
2003 , he lectured on federal jurisdiction
to the Law Clerks Institute at Pepperdine
University in Malibu. 0 From February 9
to 14, he sat with the Third Circuit Court
of Appeals in Philadelphia. 0 In April,
he participated in an American Law
Institute-American Bar Association panel
on expert evidence in San Francisco.
o Also in April in Carlsbad, he was on a
panel of the Alliance of American Insurers
on Tort Reform. 0 From June 10 to 13,
Judge Schwarzer sat with the Sixth
Circuit Court of Appeals in Cincinnati.
PROFESSOR D . KELLY
WEISBERG had published the
following: 0 California Annotated Family
Law Code, Student Edition (2003) . 0 Texas
Annotated Family Law Code, Student
Edition (with Oldham) (2003).
.. · HA S TIN GS
In Pro Per for a Beagle-Pinscher Mix
Breaks New Legal Ground
based on emotional distress. "If you can .. .
2003. Lunas and Rampton spent more
Two recent Hastings graduates, reprenegligently kill a living animal and not be
than $20,000 on veterin ary expenses for
senting themselves, have cl eared the first
liab le, but negligently lose a ring and be
Austin. Furth er, Lun as and Rampton were
hurdle in th eir efforts to collect damages
liab le for emotional distress, the system's
traumatized by ca rin g for Austin during
for emotional distress against a veterinary
turned
on its head, it seems to me," Judge
his fi ve-month illness. In their lawsuit,
clinic for the death of their dog, Austin,
Richman said.
Lunas v. Stockton, the co uple asked to be
in what has been called a case of first
When asked to comment on the
reimbursed for their veterinary expenses
impression .
judge's
ruling, Professor Wagman said,
and also asked for $30,000 in emotional
David Lunas ('03) and Jennifer
"This is a positive step in th e continuing
distress damages.
Rampton ('02) met in college and have
effort to have our society increase its
Though acting in pro per, Lunas and
been married for six years. The couple
respect and consideration of the other
Rampton had the assistance of Hastings
loves dogs, but, in Lunas' case, a dog is a
living, feeling beings with whom we live.
Adjunct Professor Bruce Wagman, a 199 1
necessity. Lunas is hearing-impaired,
Judge Richman has recognized
a condition first diagnosed a
two important things we have
decade ago, and wears hearing
been arguing for years: first,
aids in both ears. At home,
that the law does indeed allow
when he is not wearing his
for
emotional distress damages
hearing aids, he uses a hearing
for injury to animals; and
ear service dog to alert him to
second, that any construction
the doorbell 's ring, the smoke
of the law that would deny
alarm going off, the alarm clock
this remedy is contrary to
sounding, the telephone ringthe spirit and policy behind
ing, and many other sounds it
is essential to hear. Austin, the
the theory that an award of
couple's Beagle-Pinscher mix,
emotional distress damages
would get Lunas ' attention by
is appropriate in certain
pawing him and then leading
situations. I am hopeful that
him to the source of the sound.
Judge Richman's opinions will
The dog slept on the bed next
become the norm, rath er than
to Lunas' pillow and was his
the exception ."
constant companion.
Lun as and Rampton won
Hearing ear service dog Austin, the Beagle- Pinscher mix whose death brought Lunas
and Rampton's lawsuit, rests on Lu nas' arm while Lunas studies for finals.
Since the couple brought
the right to continue with
Austin home from an animal
their case past the pleading
Hastings alumnus and an attorney at th e
shelter in 1999, they had trained him as
stage, but they still mourn the loss of th eir
a hearing ear service dog, an ongoing
San Francisco firm of Morgenstein &
companion and hearing ear service dog,
Jubelirer. Wagman is the co-author of a
process involVing many hours of
Austin.
practice and reinforcement. Their
casebook on animal law, which served the
"The judge allowed our claim for
expectation was that Austin would be a
couple as a reference throughout the
emotional distress damages to go forward
companion and service dog that would be
litigation .
based on th e strong emotional bond that
with them for another 10 to 15 years.
Though California courts have allowed
forms between people and their pets and
In December 2000, Austin began
emotional distress damages for the loss of
companions," said Lunas. Lunas and
to behave abnormally, and Lunas and
items such as a wedding ring or the ashes
Rampton hope the case will be proceeding
Rampton took him to a veterinary
of a deceased person, the state thus far
to trial within the next year. A victory,
clinic for treatment. In their lawsuit,
had not included animals in this category.
says Rampton, eventu ally could help pet
Lunas and Rampton allege that Austin's
In April 2003, Judge James A.
owners throughout California receive
veterinarian unreasonably fai led to
Richman of the Alameda County Superior
emotional damages when pets are lost
diagnose a condition which ultimately led
Court denied the defendants ' demurrer
through negligence.
to cancer. After surgery and prolonged,
and motion to strike the portions of the
painful chemotherapy, Austin died in
complaint w hich asked for damages
HA ST ING
Alumni/Student Picture Gallery
NEW BAR AOMITTEES RECEPTIONS
SAN FRANCISCO CHAPTER HOLIDAY PARTY
NINTH CIRCUIT COURT OF ApPEALS
DECEMBER 2002
Alumni Association Board member Stelle Elie (,87),
Lucy Eggerth ('80), and Rick Eggerth ('8 1).
lea/me McKinney ('02) and Rich Lapping ('82).
Nasem Meer and Ruxana Meer ('02).
Alumni Association President Fred Butler ('86),
Chancellor Mary Kay Kane, and Ronnie Wagner ('02).
Clifford Anderson, Academic Dean Leo Martinez ('78) ,
Bill Vela (,02), and Ana Zabala-Anderson ('76).
Susan Moriarity ('02) and Vaughn Bunch ('01).
1993 classma tes Serena Hong and Moona Nandi.
2002 classmates Hazel Dolio and Cynthia Browning.
22
· ·· H AST I NGS
Gene Litvinoff ('00) and John Hlirley ('99).
Sofia Ng ('95) and Professor John Malon e.
Shelley Arakawa ('02) and Professor Marsha Cohen.
Ralph Gallagher ('76) and Sophia Lenetaki.
2002 classmates Alex Pevzner and Suzanne Montiel
with Walt Montiel.
Hon . Anne Torkington and Hon. Gerald Etchingham
Lorraine Akiba (,81), Chancellor Mary Kay Kane,
and Hawaii Alumni Chapter President Harvey Lung
Paul Saito ('91) with reception host Bert Kobayashi
('85).
HAWAII CHAPTER
JANUARY 2002
Willis Yap (,73), Jan Yap, and Wendell Fuji ('86).
('81).
Coralie Matayoshi ('8 1) and Carol Mon Lee ('74).
('65) .
Richard Thomason ('89) and Chris Parsons ('95).
. 23
II AS T I N
H \
All CHAPTER
]A, rUARY 2002
Dr. Doug Lee ('60) and Bill Goo ('79).
1980 classmates Peter Stone and Don Spafford.
Jeff Lau ('77) and Ann Kemp ('89).
SAN DIEGO CHAPTER
HOVEY & KIRBY
FEBRUARY 2003
Jeff Johnson ('83) and San Diego Alumni Chapter Presiden t Steve Allen
('94).
Gary Letchinger ('89), Chancellor Mary Kay Kane, and Claudia
Johnson.
Board of Directors member Brian Monaghan ('70), reception host Leslie
Hovey ('86), and Michele Macosky ('94) .
Hon . William Mudd ('69), Alumni Association Secretary Gregg Hovey
('83), and Daniel Kaplan ('95).
24
H AST I NG S
ORANGE COUNTY CHAPTER
SNELL & WILMER
FEBRUARY 2003
Han . Raymond Ikola ('74) and Han . Th eodore
Millard ('64).
1988 classmates Christy Joseph and Orange County
Alumni C hapter President Brian Day.
Thomas Pistone ('77) and Richard Derevan ('74).
2002 classmates Josue ViI/alta and Cynthia Valenzuela with Steve
Valenzuela.
Sharina Talbot ('02) , Dennis Chan ('77), and Jennifer Maas ('02).
Han . John Fly nn (,82), Cyril Yu ('98), and Paul Hoffman ('80).
Linda Smith, Bailey Smith ('68), Mark Okey ('83), alld Chancellor
Mary Kay Kane.
. 25
· IIASTINGS
1 0,
A I 'GEI.ES CH \PTER, Do\v
f\ll'.'ICK, PEeLER & GARRETI
FEBRl'ARY
2003
2002 classmates Mohammad Kesha llarzi, Delilah VirlZon, and Michelle
LaPIQ/lte.
Michael N unez (,92), Chancellor Mary Kay Kan e, and reception host
Stelle Elie ('87).
Na te Kraut ('83), Jan Preston, and Los Angeles Alumni Chapter
President Rick Morse ('79).
2002 classmates Jennifer Hibbard, Kristin Knox, and Hector Espinosa
with Stelle Hassid ('O J).
Los ANGELES
CHAPTER, CENTURY CITY
REED SMITH CROSBY HEAFEY
FEBRUARY 2003
J066 Foundation TntStee Valerie Fontaine ('79) and
reception host Kurt Peterson (78) .
Chancellor Mary Kay Kane with 2002 classmates
ChQ/ldra Kiami/ell and Minh Nguyen.
26
Sophia Lau ('02) and Robert Madison ('93).
· HA ST IN GS
Los ANGELES
CHAPTER, CENTURY CITY
R EED S MITH CROSBY HEAFEY
FEBRUARY 2003
David Wheeler (,78), Paul Supnik ('7 1) , and Jonathan Novak ('79).
Sigrid Benes, Edward Benes ('67), and Allan Favish ('81).
ALUMNI EVENTS
PHOENIX CHANCELLOR'S RECEPTION
ROSHKA HEYMAN & DEWULF
JANUARY 2003
Reception host Matt Derstein ('87) and Jeff Ventrella ('85).
Wes Parsons and Margot Champagne ('72).
Dan Peters ('81) and Frank Busch ('00).
Thomas Campbell ('80), Chancellor Mary Kay Kane, Richard Campbell
('96), and Anne Tousignant ('01) .
. 27 ·
..
HA
TING
PHOE1'L' ell
l f l C t\ S RECEPTIO
ROSHKA I lEy 1AI T & DEWULF
J I 'CARY 2003
Elliot McCarthy ('65), Philip Whitaker (,87), and Noreen Sharp ('78).
Sean Berberian ('99) and Rachel Hernandez ('95).
BOARD OF GOVERNORS /
FACULTY LUNCH
DECEMBER 2002
Alumni Association Treasurer Mercedes Moreno ('80) with Charles
Kllapp, Joseph \IV Cotchen Distinguished Professor of Law, and Professor
Marsha Cohen.
Professor James McCall, Alumni Association Board member Maria
Hekker ('88), and Professor John Malone.
HOIl. Brad Hill ('83), the Alumni Association 's President-elect, with
Challcellor Mary Kay Kane and Alumni Association Board member
Stelle Vall Liere ('9/).
Alumni Association Board member Amy Thomas ('99) and Toni Young
('76).
28
H AS T I NGS
I
CLASS NOTES
Editor's Note: Classnotes received after
January 31, 2003, will appear in the
next issue of Community.
CLASS OF
supervise every detail of the 30 or 40
new justice facilities bein g built aro und
th e co untry. "I like to think I' m responsible
for a lot of good courth ouses," he said .
1940
1958
DANIEL HIGGINS was profiled in
CLASS OF
th e November 7, 2002, Arizona Republic
in an article on Veterans Day. He moved
to Oakwood in 1997 from Auburn,
California, where he practiced law for
more than 50 years, including 20 years as
District Attorney of Placer County. At 88
years old, he plays golf and runs, and is a
member of the Sun Lakes, Arizona,
Kiwanis Club.
HaN . JAMES BRENNAN , Las
CLASS OF
1947
EDWARD DIGARDI , after almost
a year off from his office for surgery and
rehabilitation for a spinal cord compression, is back half time at Digardi &
Campbell in Oakland. He reports he now
is walking without assistance, but that he
cannot play tennis any more.
CLASS OF
Vegas Senior Distri ct Court Judge, has
resolved the 450 silicon gel breast implant
cases filed in Las Vegas and is currently
halfway through a nine-month jury trial
between th e Venetian Hotel and its
general contractor.
SAN FRANCISCO MAYOR
WILLIE BROWN was featured in Jet
magazine's D ecember IS, 2002, issue, in
th e fea ture "This Week in Black History,"
which outlined his political career.
RICHARD FORD , a retired U.S.
Bankruptcy Judge, was recalled to service
through February 2003 in the Eastern
District of California and the Central
District of California, Ninth Circuit.
1952
1960
HON . FRANK CLIFF retired in
CLASS OF
2002 from the Santa Clara County
Superior Court.
ROBERT FIELD is of counsel to Field
CLASS OF
1955
Richardson & Wilhelmy in Walnut Creek
and now serves as a full-time neutral
arbitrator and mediator.
PROFESSOR ERIC SCHNE IDER of
th e University of Baltimore School of Law
was a Visiting Professor at Hastings during
the 2002-03 academic year. H e taught
wills and trusts, contracts, and European
Community law. At Baltimore, he is
Associate Director of the Center for
International and Comparative Law and
recently served as the law school's
Associate D ean and Interim D ean .
Teaching in Snodgrass Hall 's Classroom B,
"I pass a plaque picturing several SixtyFi ve Club m embers who were a great
inspiration to me when they were my
professors at Hastings," he said.
WILLIAM MILLER was profi led in the
October 10, 2002, edition of th e Marin
Independent Journal. Now semi-retired
after 45 years as a trial lawyer, he is
writing comic fiction.
BRUCE WAGNER , who has retired
from Ropers, Majeski, Kohn & Bentley,
is doing arbitration and mediation with
Judges and Attorneys Resolution Service,
Inc. , in San Mateo.
CLASS OF 1956
ROBERT COYLE was profiled in the
September 10, 2002, Los Angeles Daily
Journal. In seminars across the nation,
he speaks on his multivolume guide,
Managing a Capital Construction Project,
which has empowered federal judges to
CLASS OF 1962
RICHARD HANAWALT , a Ventura
County defense lawyer, was profiled in the
Ventura County Star on November 21 ,
2002.
CLASS OF 1963
JESSE JACK is a member of the Board
of Directors of Oplink Communications in
San Jose.
ATTENTION ALUMNI FROM THE ·65 CLUB ERA ·
The College is soliciting anecdotes or reminiscences about
65 Club members that alumni might like to share. Please
send them to Community Editor Fran Marsh at marshf@
uchastings.edu or mail them to her at Public Affairs, Hastings
College of the Law, 200 McAllister St. # 346, San Francisco,
CA 94102.
29
II A
CLASS OF 1964
HON. BERNARD REVAK was
profil ed in th e eptember 4, ZOOZ, Los
A ngeles Daily Journal. A San Diego
upe rior Court Judge for 15 years, he
is a fo rmer prosecutor.
CLASS OF 1965
HON . JACK KOMAR, a Santa Clara
Superior Court Judge, has been appointed
to th e California Judicial Council by Chief
Justice Ronald George of the California
Supreme Court.
CLASS OF 1966
P A UL HALME , a partner with Halme
& Clark in Solvang, serves as a Director
for both the Harrington West Financial
Group, Inc. , and the Los Padres Bank.
STEP H EN MARPET is a Los Angeles
Superior Court Referee, hearing both
delinquency and dependency cases.
REP . ROBERT MATSU I was
tapped by U.S. House Minority Leader
Nancy Pelosi to chair the Democratic
Congressional Campaign Committee,
one of the most important posts inside
the party. Said Pelosi, "His leadership
makes him extremely qualified to bring
the Democrats to victory in Z004 by
attracting grassroots and financial support
across the nation."
HON . LESLIE NICHOLS
completed 19 years of service as a
Superior Court Judge in Santa Clara
County in February Z003 . During that
time, he served as a member of the
California Judicial Council and the
Presiding Judges Advisory Committee
of the Council. He twice was elected to
serve as Presiding Judge of the Santa Clara
Superior Court.
HO N. T H EODORE PIATT has
retired from his seat on the Los Angeles
Superior Court, after completing 18 years
as a judge.
CLASS OF 1967
MICHA E L B RA DB URY was profiled
in the N ovember 3, ZOOZ , Los Angeles
Times, fo llowing his retirement as Ventura
County's longest-serving District Attorney.
During his Z4 years in office, he built a
reputation as th e most influential politici an in a county routinely ranked as the
T I NGS
safest in the western U nited States, said
the Times .
ROB ERT B R USS , a nationally syndicated real estate columnist, in a November
16 Q&A in the Chicago Tribune , answers a
reader who asks, "Suppose I have a situation in my neighborhood such as a drug
lab or a gang member living next door.
Am I required to reveal this to a prospective buyer of my home? What if these are
my principal reasons for selling my home?
What if I only suspect these things? " Bruss
answers, "Your letter reminded me of
Roland Perkins, my criminal law professor
at Hastings College. He began every class
with "suppose" and then told us about a
factual criminal situation. We never knew
if it was a hypothetical or true case."
HON . EDWARD LACY turned
60, retired, and was married within a
three-month period in spring ZooZ . He
spent Z3 years on the Stanislaus County
bench . He continues to sit on assignment
nearly full-time and plans to do so for the
foreseeable future.
HON. ROBERT LET TEAU , retired
from the Los Angeles Superior Court, is
working as a neutral for ADR Services.
STANLEY SMITH recently retired
from solo practice. He received an Award
of Excellence from the Stockton Record,
having been chosen by area residents as
"Best Attorney in San Joaquin, 1997."
HON . JAMES WARREN is a
Riverside County Superior Court Judge.
CLASS OF 1968
BION GREGORY is the Z003
President of the Sacramento County Bar
Association.
GALE HICKMAN , Orange County
Superior Court Commissioner, was
profiled in the September ZO, ZOOZ ,
San Francisco Daily Journal . The former
public defender, now a family court
commissioner, writes screenplays for
Hollywood on the side.
C ARL HOL M ES , Orange County
Public Defender, retired in January Z003
after 3Z years as a public defender. He
plans t o travel through the Southwest,
fishing and taking photographs.
30
AN T HON Y MI LLER i G eneral
Counsel and ecretary of DiCon
Fiberoptics, In c., in Ri chmond.
CLASS OF 1969
RON KALDOR is compl etin g his 19th
year in the private practice of health are
law, representing physicians and patients
regarding transactions, regulatory matters,
and health insurance disputes. He and his
wife, Rachel, Executive Director of the
Dairy Institute of California, have a Z1year-old daughter at UC Santa Cru z and
a 10-year-old son .
DAVID VAN ATTA , a partner with
the Palo Alto firm of Hanna & Van Atta,
was elected by the Board of Governors
of the American College of Real Estate
Lawyers as Secretary of the College.
CLASS OF 1970
HON . JAMES IWASKO was
appointed by Gov. Gray Davis to the Santa
Barbara County Superior Court in O ctober
ZOOZ . Iwasko was a partner with Iwasko,
Good & Klee before he began serving as a
family law commissioner in 1997 .
SUSANNE MARTINEZ was named
Vice President for Public Policy at the
Planned Parenthood Federation of
America, where she directs the litigation,
government relations, and political action
departments. She joined Planned
Parenthood after serving four years as
Senior Vice President of the Children's
Defense Fund. Prior to that, she served on
the legislative staff of the U.S. Senate for
ZO years.
DENNIS POULSEN , Chairman and
CEO of Rose Hills Company in Whittier,
has been appointed to the Board of
Directors of Ameron International
Corporation, a multinational manufacturer
of highly engineered products and
materials in the chemical, industrial,
energy, transportation, and infrastructure
markets.
CLASS OF 1971
HON . PATRICK CANFIELD , an
Inyo County Superior Court Judge, was
profiled in the January 9, Z003 , San
Francisco Daily Journal shortly after his
retirement. He still plans to continue
working on an assigned basis, m ostly in
the eastern Sierra.
· · · · HA S T I NG S
PAUL SUPNIK has joined the Beverl y
Hills firm of Berkowitz Black & Zolke,
where he continu es to practice in th e
areas of copyright, trademark, and
entertainment law. He currently chairs
the International Law Section of th e
Los Angeles County Bar Association.
criminal prosecutions. Last year, he successfull y defended Paula Poundstone with
regards to allegations of child molestation.
Ca lifornia and Nevada Women Judges
and as District 14 Director of the Nationa l
Association of Women Judges. She
completed 21 years as a judge last
summer. She also teaches trial and ethics
at orientation programs for new judges for
Ca lifornia Judicial Education and
Research.
CLASS OF 1972
HaN. FRANK ROESCH , an
Alameda County Superior Court Judge,
was profiled in the August 27, 2002, Los
Angeles Daily Journal. Previously, he was
a solo practitioner in Union City.
J OSEPH LAMANTIA has joined the
Palm Desert law offices of Dale S. Gribow,
following 30 years practicing law in
Monterey County.
STEPHEN MCFEELY is a partner
in the litigation department of the Los
Angeles office of Foley & Lardner.
Previously, he was an attorney at Crosby,
Heafey, Roach & May for more than 30
years. He also is a member of the Board
of Regents of St. Mary's College of
California.
DWIGHT NELSEN was recently
appointed Administrative Law Judge for
the Office of Administrative Hearings and
Appeals, Department of Health Services,
in Sacramento.
JOHN SIDELL is a partner with
Gordon & Rees in the firm's San Diego
office, where he practices real property,
corporate, commercial, and business law.
RICHARD LEE , former Hawaii
Judge and CPA, is CEO and owner of a
six-attorney law firm, the Law Office of
Richard Lee. Lee has created the "Long
Life Center" - a facility focusing on tai
chi for health and combat, yoga, pilates,
low-impact circuit training, health
products, and a series of survival law
and entrepreneur seminars.
WILLIAM SM ITH , a personal injury
specialist with the San Francisco firm of
Abramson & Smith, has been selected to
be listed in The Best Lawyers in America.
CLASS OF 1974
HaN . J . R . DAVIS is an Associate
Justice of the California Court of Appeal,
Third Appellate District, in Sacramento.
CLASS OF 1 973
HINDI GREENBERG , President of
Lawyers in Transition, a career counseling
firm, has in print a newly updated edition
of her book, The Lawyer's Career Change
Handbook: More Than 300 Things You Can
Do With a Law Degree. She has moved
from San Francisco to Nevada City, but
continues to return for both business and
pleasure.
SANDRA BLA I R , a San Francisco
solo practitioner and certified family law
specialist, taught the family law portion of
the CEB course on counseling unmarried
partners in San Francisco in November
2002 and in Los Angeles in December.
DAVID CASE is a life management
counselor with Legacy Planning Group
in Redding. He joined the firm in 2002.
In his 28-year legal career, he was a solo
practitioner in Redding and a civil trial
attorney with Dugan Barr & Associates.
Before locating to Redding in 1990, he
also was trial counsel and managing
attorney with The Travelers Insurance
Company in San Francisco.
ANGELO COSTANZA is a solo practitioner in Martinez, practicing plaintiffs'
personal injury and criminal defense in
Contra Costa County.
STEVEN CRON , a criminal defense
attorney with Cron, Israels & Stark in
Santa Monica, recently had published in
the ABA Journal Entertainment and Sports
Lawyer an article entitled "Busted," about
defending celebrities in high-profile
HaN . RAYMOND IKOLA was
elevated by Gov. Gray Davis from the
Orange County Superior Court to the
California Court of Appeal, Fourth
Appellate District, in Santa Ana.
HaN . ALICE LYTLE , a Sacramento
Superior Court Judge and the first
African-American woman to become a
judge in Sacramento, retired in December
2002 after nearly 20 years on the bench.
She was profiled in the November 23,
2002 , Sacramento Bee, and she received a
commendation from Gov. Davis for her
philanthropic efforts and distinguished
service.
HaN. SHARON METTLER is
starting her third year as President of the
. 3 1.
ROY KOEGEN has joined Lukins &
Annis in Spokane, Washington, as a senior
principal to lead the firm's municipal
finance practice. Previously, he was
managing partner of the Spokane office
of Perkins Coie for 12 years.
TAN Y A NE I MAN , Director of the
Volunteer Legal Services Program for the
Bar Association of San Francisco, was
voted one of the Top 100 Lawyers in
California by the Daily Journal in
September 2002 .
H AST I
HON . PETER SCHULTZ , a
King
ounty uperior Court Judge, was
profiled in the Sail Frallcisco Daily loumal
and the Los A ngeles Daily lournal on
ctober 16, 2002. In his co urtroo m,
which opens promptly at 8: 15 a. m ., all
criminal and civil jury tri als are schedul ed
in the afternoons, five days a we k. Barring
a cataclysm , tri al dates are etched in
stone. Continuances are not rou tine. Plea
bargains are not allowed two weeks before
trial, and charges ca nnot be dropped at
th e last minute. H e fo llows procedures
establi shed when Hanford was a one-judge
town. "They were kept more or less intact
because we found that they still work,"
Schultz said.
HaN . SHARI SILVER , a Los
Angeles Superior Court Judge, was
profiled in th e O ctober 28, 2002, San
Francisco Daily l oumal. She presides
over abo ut 20 jury trials a yea r involving
murder, rape, sex ual assault, child
m ole tation, and other felonies . Wh en she
first landed a criminal court assignment a
yea r after her appo intm ent to the bench,
"I was petrified because I didn 't know
much about criminal law," she sa id.
"Within three weeks, I realized th at
criminal law was fun ."
GS
DANE GILLETTE is a death penalty
coordinator for the Califo rnia Attorney
General's office.
EDITH MATTHAI , a defense lawyer
with Robie & Matthai in Los Angeles, is
on a leadership tra ck at the Los Angele
County Bar Association, where she was
elected a co un ty bar officer in 2002. In
2001, she was President of th e Association
of Southern California D efense Counsel.
CLASS OF 1976
HaN . RONALD LEIGHTON ,
formerly a partner in the Taco ma,
Washington, law firm of Gordon, Thomas,
Honeywell, Malanca, Peterson & D aheim,
has been appointed to th e bench of th e
US. District Co urt for the Western
District of Washington. Th e U S. Senate
confirm ed President Bush 's appointment
in th e fall of 2002 .
Moscow in 200 1 r gardin g all eg d mon y
launderin g. " ow that we ar rid of th e
snipers in th e D.C. ar a, li fe i good and
'norm al,'" he adds.
MARSHA NAKAWATASE has
been appointed to th e po iti on of
Administrative Law Judge of th e
California D epartment of H ealth
Servi ces in Sacramento.
CLASS OF 1978
PAUL CANE ofth Seattlefirmof
Thorsrud, Cane & Paulich was nam ed a
2002 Washington State "Super Lawyer" by
the Washington Law and Politics Maga zine.
He began his career as counsel to criminal
defendants, subseq uently beco min g a
Deputy Prosecuting Attorney. Since 1982,
he has served as litigation counsel for th e
insurance defense community and its
insureds.
SHELLEY THOMPSON has
joined City National Bank as Executive
Vice President and Director of Wealth
Management, a newly created position.
H er office is in Beverly Hills. She reports
to the Chair and CEO and sits on th e
bank's Executive Comm ittee. Previously,
she held man agement positions with US.
Trust, US. Bancorp, and Wells Fargo Bank.
CLASS OF 1975
STEPHEN ACKER and wife
ANN VENEMAN , US. Secretary of
Debbie Jones adopted a so n last
November. Two-yea r-old Charlie joins
two brothers and two sisters.
Agriculture, represented President Bush
at San Francisco's City Hall Day of
Remembrance for 911 1 victims in
September 2002.
DEBORAH BALLATI is a Board
member of th e American Coll ege of
Construction Lawyers.
DAN I EL DONOVAN is th e
co-a uthor of th e cover articl e in th e
D ecember 2002 edition of The Champion,
th e monthly maga zin e of the Na tional
Association of Crim inal Defense Lawyers.
In the article, 'The Case for Recording
Interrogations," Donovan makes the case
for mandatory recording of police interrogations.
C.P. FRANKLI N is President and
CEO of Metara, In c., a Sunnyvale firm
that provides automated, real time, in-line,
ultra high-resolution, trace con taminant,
and chemical constituent analysis soluti ons
for semiconductor chemical processes.
MARLA ZAMORA was named in
Janua ry 2003 by San Francisco Public
Defender JEFF ADACHI ('85) to
oversee the 35 attorneys handling felony
cases. Zamora has been with the Publi c
Defender's office for 23 years and has
defended more than 70 cases at trial.
EUGENE FLYNN is the founder of
Lexindo Consulting in Jakarta, Indonesia,
a firm of 10 professionals specializing in
corporate, commercial, and foreign investment matters. The firm celebrated its fifth
anniversary in May 2003; its website may
be viewed at www.lexindoconsulting.com .
JENNIFER KELLER , an Irvine
CLASS OF 1977
HaN. CARTER HOLLY is a San
Joaquin Co unty Superior Court Judge.
CAMPBELL KILLEFER two yea rs
ago moved his commercial and intellectual
property litiga tion practi ce to the
Washington, D.C., office of Venable
Baetj er H owa rd & Civiletti. H e enjoys the
subject matter, the variety of the disputes,
and many sympatico colleagues, he writes.
H e took two "utterly fascinating" trips to
32
solo practitioner and criminal defense
specialist, has teamed with form er
Orange County prosecutor THOMAS
MESEREAU , JR . (,79) in the
Rob ert Blake defense. Previously, Kell er
was a senior research atto rney for Justi ce
Edward Wallin of the Ca lifornia Court of
Appeal, Fourth Appellate District, in
Santa Ana and then join ed the Orange
County Publi c Defender's office.
. H A S TINGS '
pri va te practice in Penn sylva nia,
Ca lifornia, and Nevada.
CLASS OF 1979
KATHERINE ASADA has been
appointed by San Francisco Public
Def nder JEFF ADACHI ('85) as
a new unit leade r in th e recruitment and
internship progra m .
HOWARD LIND has been elected
managin g partner with the O akland firm
of Wendel, Rosen, Black & Dean .
LEO MARTINEZ , H astings Academic
Dean, is a member of the Board of
Directors of San Fran cisco PBS TV station
KQED.
F . S . COLLINS has been recogni zed
by th e Colorado Lawyers Committee for
Outstanding Sustained Co ntribution for
his advocacy, commitm ent, and dedi cati on
in his work with the Committee's Hate
Violence Task Force and the D epartment
of Justice's H ate Crimes Working Group.
CAROL DREYER and ROGER
DREYER ('80) each received
Sacramento County Bar Association
Distinguished Attorney Awards for 2002.
P ETER N ELSON , a partner with
Nelso n, Felker, Levin e & Dern in Los
Angeles, negotiated a film deal for the
"Lord of the Rings" trilogy of films on
behalf of the filmmakers.
BRU C E PFAFF of Pfaff & G ill
co ntinu es to try plaintiffs' malpractice
and prod ucts cases in C hicago and loves
it th reo "It's a grea t lega l community' " he
writes.
MARC SALLUS was elected C hairElect of the Conference of Delegates
of the Ca liforni a Bar Associations. The
Conference has between 450 and 550
delegates who review, debate, and vote on
more than 100 legislative proposa ls, m any
of w hich are introd uced in the Legislature
and become law. Sallus asks anyone
interested in participating in th e group 's
next m eeting in September in Anaheim to
contact him at [email protected].
W .J . SCHMIDT has joined the
Washington, D.C., office of Pillsbury
Winthrop, where his practice includes
antitrust and intellectu al property
litigation.
GERALD POSNER is the author
ROBERT
of Motown: Music, Money, Sex, and Power,
the story of Detroit's Motown Records.
An acco mplished author, Posner also has
written well -received studies of the assassinations of JFK and Martin Luther King.
Speaker of the California Assembly, is a
partn er in th e intern ational law firm of
Mayer, Brown, Rowe & Maw in Los
Angeles. H e has form ed a publi c policy
think tank, LA Tomorrow, to address
chall enges in today's global community.
Among the policy group 's proj ects is the
California Leadership Institute, which will
train new lea ders in strategic thinking.
GARRETT SUTTON h as merged his
practice to form Sutton Lawrence. The
new firm has offices in Salt Lake City and
Reno and specializes in pre-incorporation
planning, mergers and acquisitions,
financing, and related services.
BERNARD WALTER , a Pennsylvania
solo practitioner, reports that after graduation he travelled in Japan and China, then
spent a decade in the San Francisco
District Attorney's office, followed by
HERTZBERG , form er
MARK VORSATZ is CEO of Wealth
and Tax Advisory Services, Inc., a new
private client services unit of HSBC
Group. HSBC, headquartered in London,
has more than 8,000 offices in 80
countries and is one of the world's largest
banking and finan cial services orga niza tions. Th e new service was formed with
certain partners of Arthur Andersen 's
Private Cli ent Service Pra cti ce and will
focus on serving th e wealth and tax
advisory needs of high-net-worth
individuals.
MATTHEW WHITE , a San Rafael
solo practitioner specializing in persona l
injury and mediation and arbitration, is
President-El ect of the Marin County Bar
Association.
CLASS OF 1980
THOMAS MESEREAU , a partner
CHARLES BARSAM , a solo
with th e Los Angeles firm of Collins,
Meserea u & Reddock, and a former
Orange County prosecutor, is one of actor
Robert Blake's new attorneys, replacing
Harland Braun, w ho quit th e high-profile
murder case because of "a serious breakdown in th e attorney-client relationship."
practitioner in Newport Beach, has
been recognized by th e Orange County
Armenian Professional Society for his
years of distinguished service to the
orga nization and to th e Armenian
community at large.
II AST IN G)
C. DON CLAY, a former Oakland
criminal defen e and entertainmen t
attorney, heads the Special Prosecuti ons
Unit of U.S. Attorney Kevin Rya n. Clay
externed fo r former First District Court
of Appeal Justice Clinton White and has
served on several San Francisco city
commissions.
•
w'4
·~.t>····
NATHAN SULT '82
GREGORY JARRETT has left
CLASS OF 1 983
MSNBC Cabl e Network to join th e Fox
News Channel.
HON . NEWTON LAM was profiled
in the San Francisco Daily Journal on
November 6, 2002 . An estimated 800
people attended his public induction
ceremony as a judge on the San Fran cisco
Superior Court in March 2002 at Herbst
Theater. Lam is th e first Asian-American
ap pointed by Gov. Gray Davis in San
Francisco, and he joins a handful of Asian
jurists on th e local bench .
PROFESSOR JOHN LANDE ,
Director of Master of Laws in Dispute
Resolution and Associate Professor of
Law, University of Missouri-Columbia,
recently publish ed "Using Dispute System
D esign Methods to Promote Good-Faith
Parti cipation in Court-Connected
Mediation Programs" in Vol. 50 of the
UCLA Law Review.
HON . GLORIA RHYNESJENK I NS , Alameda County Superior
Court Judge, in December 2002 beca me
th e mother of twins, Harrison James and
Debra Morgan Jenkins.
JEAN AMABILE was appointed
in January by Public D efender JEFF
ADACHI (,85) as a new unit leader
in the misdemeanor unit.
TIM EMERT joined Morrison &
PROFESSOR ANNA HAN has
completed a yea r as a Visiting Professor at
Hastings, where she taught Chin ese trade
and investment law and legal issu es of
start-up businesses. In the fall of 2003 ,
she returns to her faculty post at Santa
Clara University. She is a member of the
Executive Co mmittee of the International
Law Section of the State Bar and chairs
the Chin a Law Committee of the San
Francisco Bar Association .
AMANDA SUSSKIND is West
Coast Director of th e Anti-D efamation
League. She oversees three offices and 35
employees and is a spokesperson and a
local and national fundraiser as well. The
ADL is one of the most influential Jewish
organizations in California devoted to
fighting bigotry and discrimination of all
kinds.
Foerster as of counsel in 2002. H e has
devoted his entire lega l career to labor
and employment law.
KEVIN SHELLEY is Californi a
Secretary of State. He is a former
California Assembly Majority Leader and
a former member and two-term President
of the San Francisco Board of Supervisors.
In the Assembly, he was four times named
"Legislator of th e Year."
MARK SHUSTED is immediate Past
President of the Sacramento County Bar
Association.
CLASS OF
1984
NESTOR BARRERO has joined the
Board of Directors of the Constitutional
Rights Foundation, an organization that
develops educational programs for high
school students on the Bill of Rights and
the Constitution .
1982
A N DREA W I R UM has been prom oted
CLASS OF
to managing partner of Pillsbury
Winthrop's San Francisco office.
W ILLIAM HANCOCK , of counsel
SANDRA BROMBERG- ESKIN ,
at Horvitz & Levy, has moved from Los
Angeles to th e firm 's San Francisco office.
During the previous 16 years, he was a
judicial staff attorney in the First and
Sixth Appellate Districts.
a public policy consultant in the
Washington, D.c., area specializing in
consumer protection issues, was one of
fo ur members of the Class of 1984 who
recently held a long-overdue reunion in
Menlo Park. The others were LEIGH
SLAVIK , who has temporarily
suspended her legal career after nin e years
in the Apple Computer Products Law
Group to focus on fundraising activities
for the public schools in Menlo Park;
CLASS OF
1981
E DWA RD C A SE beat out 43 other
candidates to win a wide-open special
election in Hawaii 's Second District and
become the final m ember selected to th e
10th Congress. He replaces U.S. Rep.
Patsy Mink, who died two days after a
deadline to replace her name on the
general election ballot.
N A T HAN SULT was promoted from
Vice President to Senior Vice President of
the Bank of H awaii, where he continu es
his responsibilities as Assistant General
Counsel in the law department.
34
' HA ST I NGS
ALUMNI!
LET Us HEAR FROM You
Use this convenient form to update us on your activities. We'll include yo ur news in the "Class Notes" section
of the Hastings Community, and we'll update your alumni records. Information about your professional
emphasis is especially helpful when we are asked for referrals from other attorneys, and it assists us in matching
students with prospective alumni mentors. It also enables us to invite you to events of special interest to you .
Mail this form to Hastings Community, c/o College Relations, 200 McAllister St. , Room 209,
San Francisco, CA 94102. Photos are especially appreciated'
You also may fax your note to (415) 621-1479, e-mail it to [email protected], or submit it via Hastings'
Alumni Web Page, accessed through the Hastings Home Page at www.uchastings.edu .
AME _____________________________________________________________TODAY'SDATE _______________
ADDRESS ___________________________________________________________________________________
CITY_________________________________________________ STATE. ___________
HOME PHONE (
ZIP_________________
GRADUATION YEAR _ _ _ ___
PROFESSIONAL EMPHASIS _________________________________________________________________________
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FIRMNAME _________________________________________________________________________________
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NEWS (Remember to answer the questions "who, what, where, and when" and to include your title and information about your former position, as
well as your new position.)
Deadline for receipt of class notes for the Summer 2003 issue was January 3 1,2003. Deadline for the Autumn 2003 issue was May 15,2003.
Deadline fo r the Winter 2003-04 issue will be September 15, 2003 .
. 35
II AS TIN G
ZINNIA BARRERO has joined
World Vis ion International in Monrovia as
Counsel.
TERESA CAFFESE is C hi ef
Assistant to San Franci co Publi c D efend r
JEFF ADACHI ('85). From 1987 to
200 I , she served as a depu ty attorn ey and
sup ervised th e in vestigations unit for two
years, before resigning to work in private
practice.
IVAN GOLD is now of counsel at th e
San Francisco offi ce of Allen, M atkins,
Leck, Gamble & Ma llory, form erly having
practiced with Brobeck, Phl eger &
H arrison .
LOR I GREENBERG
MENACHOF, Senior Counsel at
Frement Group, a privately held diversified investment company headquartered
in San Francisco, where she primarily is
respo nsible for real estate business lines;
and MARILYN BOYLE ASHKIN ,
who practiced law until 1999 and now
manages a Paso Robles vineyard that sells
grapes to Rob ert Mondavi winery and to
Adelaid a Cellars.
JONATHAN GROSS is the author of
an article in the October I , 2002, Defense
Counsel Journal entitled "What Punitive
D amages Message Is the U.S. Supreme
Court Sending'"
SUSAN HAWKINS returned
from Philadelphia to the West Coast to
become Director of Counseling and
H ealth Services at Sea ttl e University. She
regularly relies on her background and
training as a lawyer specia liZing in m ental
health and disability law.
MYRNA CONTRERAS-TREJO ,
an atto rney in Yakima, Washington, was
featured in the Vancouver, Washington,
Co lumbian in a December 18, 2002,
article on Hisp anics and discrimination .
JENNIFER O 'CONNOR is
COLLEEN MURPHY HECK
fo r Inform ation Technology for the
Business Transportation and H ousing
Agency in Sacramento.
Vice President and General Co unsel of
Puget Energy in Bellevue, Washington.
Previously, she was interim General
Counsel of Starbucks Corporati on.
is Chief Counsel for the Office of
Environmental H ealth H aza rd Assessment
within CaIlEPA. She is married to Grant
Heck and living in Sacramento.
HON . DAVID MINTZ , a Los Angeles
FERNANDO TAFOYA is the author
LOREN HILLBERG is Senior Vice
Superior Court Judge, was profiled in the
ovem ber 27, 2002, San Francisco Daily
Journal. H e carpools with two other
judges from his West Hills home to his
Lancaster co urthouse. The "itinerant"
judges use the hour-and-l0-minute drive
for discussing criminal law and procedure,
telling jokes, and sometimes even as a
group therapy session, according to one.
of an article, "Acco rd and Dissatisfaction:
Parrying Attacks on § 998 Judgm ents," in
the May 2002 NCO L Journal of Public
Interest Law. H e is a partner with Tafoya &
Gonzales-Madrid in Fresno and continues
to teach evidence at New College of the
Law in San Francisco. Recently, he opened
a policy consulting firm called Policy
Solutions.
President and General Counsel of
Macromedia, In c., in San Fran cisco.
BRAD KANE is th e D eputy Secretary
NOLA MIYASAKI has been named
Executive Director of the Michael J.
Falcone Center for Entrepreneurship in
the School of Management at Syracuse
University. Prior to joining the Center,
Miyasaki worked for the State of Hawaii
for four years in various capacities related
to technology and business development.
EILEEN McANDREW and her
husband, PETER MYERS (,84),
welcomed their third child, Johann Xavier
McAndrew Myers, in Jun e 2002. Peter
specializes in estate planning in San
Francisco; Eileen is a D eputy District
Attorney in Alameda County.
CLASS OF 1985
JEFF ADACHI was profiled in a
HON. KEVIN MCCARTHY, the
January 7, 2003, article entitled "Adachi
Vows Fight for Civil Rights in Age of
Terror" in The Independent. The article
reported on his inauguration as San
Francisco Public Defender and his plans
for the future.
San Francisco Superior Court Judge who
heard the Barry Bonds baseball case in
December 2002, declared th e plaintiff's
and defendant 's cla im s of eq ual quality,
"and they are eq ually entitled to the ball."
In June 2003 , Bonds' 73 'd homerun ball
from the 2001 season brought $450,000
at auction.
36
H AST I NGS
CLASS OF 1986
DAVID FEINGOLD has joined
Ragghianti Freitas Macias Wallace in San
Rafael as a partner. His pra tice focuses
on civil litigation and real estate law, with
an emphasis on representing common
interest developments.
BETTY ORVELL was recently
selected by her p ers for inclusion in The
Best Lawyers in America 2003-04. She
practices in Oakland in Reed Smith
Crosby Heafey's trusts and estates group.
ESTHER SANCHEZ , a member of
the Oceanside City Council, "two years
ago came out of left field, slipped on the
Adidas, and precinct-walked her way to
victory in a crowded City Council race,"
according to an August 24, 2002, San
Diego Union-Tribune article.
institution with $1.6 billion in assets
headquartered in Cleveland, Ohio, and
a company in which Abingdon Street
Partners is a significant stockholder. In
October 2002, Metropolitan Financial
sign ed an agreement to be acquired by
another regional bank.
ROBERTA ROBINS has joined
Cooley Godward as a partner in the
firm's litigation departm ent in the Palo
Alto office, where she is the supervising
patent partner in the life sciences division
of the patent prosecution and counseling
practice group.
THE PAST PRESIDENT'S
AWARD
CLASS OF 1990
EDUARDO A NG E L E S is
Managing Assistant of the Los Angeles
City Attorney's Airport Division. He
is responsible for the supervision of
attorneys and support staff assigned
to provide lega l counsel to LA World
Airports and the Board of Airport
Commissioners, negotiating leases,
contracts, and concession agreements.
JOH N BAU M is a partner with
KERRY SHAPIRO is a partner in the
land use and environmental practice at
Jeffer, Mangels, Butler & Marmaro in San
Fran cisco.
CLASS OF 1988
CLASS OF 1987
KIMBERLY VAWTER is an associate
with the Redmond, Washington, firm of
Magnuson Lowell.
STEVEN FINEMAN , recently named
managing partner with Lief£, Cabraser,
H eimann & Bernstein in New York, was
named one of the most successfullitigators under 40 in America by the National
Law Journal in July 2002.
Curiale, Dellaverson, Hirshfeld, Kelly &
Kraemer in San Ramon.
REP. ETHAN BERKOWITZ was
elected in November 2002 to his fourth
term in the Alaska State House of
Representatives, District 26, in West
Anchorage. H e is currently House
Minority Leader.
THARAN LANIER has joined the
Menlo Park office of Jones, Day, Reavis &
Pogue as a partner, specializing in complex
business and technology litigation and
counseling matters.
CATHERINE NIEMIEC heads
Arizona Bar Advantage, a private coaching
service for the Arizona Bar Exam.
During Founder's Day ceremonies on
February 28, Alumni Association Secretary
GREGG HOVEY (,83), right,
presented STEVEN ELiE (,87) with
an honorary plaque in recognition of his
service as President of the Alumni
Association during 2001 -2002.
KEN LEHMAN writes that he retired
in April 2002 from the law firm of Luse
Lehman Gorman et ai., and started a
small hedge fund, Abingdon Street
Partners. In May 2002, he was elected
Vice Chair of the Board of Directors
and President of the Strategic Planning
Committee of Metropolitan Financial
Corp. Metropolitan Financial is a financial
CLASS OF 1989
KEVIN DEBRE , formerly with
Brobeck, Phleger & Harrison 's Los Angeles
office, where he headed the technology
group, has started a similar group for
Kelley Drye & Warren, where he is a
partner. He also is in charge of the
emerging companies practices and will
work in the Washington, D.C.-based
telecommunications group within Kelley
Drye.
MARY NEUMAYR is an associate
with LeBoeuf Lamb Greene & MacRae in
San Francisco.
TODD SPITZER is a newly elected
member of the California Assembly from
Orange County. Previously, he served as
an Orange County Supervisor.
. 37
DAVID KRAUSZ married Lisa Hutchins
on August 4, 2002, in Mill Valley. Many
classmates were present for the occasion,
including EDWARD PUTTRE ,
RICHARD BECKMAN , DAVID
BLAIR , DENNIS MONTALBANO
(,91 ), KRAUSZ , DAVID KAHN ,
KELLY BERRYMAN , PAUL
PETERS , and JOSHUA
SONDHEIMER .
LAN NGUYEN was recently elected
to the Board of Education of Garden
Grove Unified School District, the first
Asian-American elected to that body in its
27 -year history. The District serves 50,000
K-12 students and 17,000 adult students
H A . T I
GS
CLASS OF 1 993
JOSHUA K ING ha left th
practi e
of law to take a position as Vi c Pr sident
for Corporate Developm nt at AT&T
W ireless in Redmond, Washington.
Previously, he was with the AT&T
Wireless lega l departmen t .
MAXWELL MARKER is with the FBI
in Washington, D.C.
and is the 11 th largest of the more than
1,000 school districts in California. He
formerly served as Garden Grove Planning
Commissioner.
SONJA WEISSMAN has assumed
managing partner responsibilities in the
Oakland office of Reed Smith Crosby
Heafey.
PAUL PETERS is senior litigation
counsel with Kaufma n & Logan in San
Francisco.
CLASS OF 1992
ELENA DUCHARME was quoted
SHAUNA RAJKOWSKI is an
associate w ith Rudloff Wood & Barrows
in Emeryville.
PHILIP TERRY has joined Carle,
Mackie, Power & Ross in Santa Rosa . His
business litigation practice fo cuses on
commercial and real estate disputes,
employm ent issues, personal injury, and
premises liability matters. Previously, he
was a solo practitioner with offices in San
Francisco and Petaluma.
SHANNON UNDERWOOD has
returned from a 10-month sabbatical in
France. She and her husband continue in
their industrial property development
business.
CLASS OF 1991
NA N CY CLARK , an employment
lawyer with Santa Clara County, is Vice
President of the Palo Alto Bar Association.
Her selection was listed in a fall 2002 "On
the Move" section of the San Francisco
Recorder.
in a November 2002 Contra Costa Times
article on a proposed natural gas terminal
and power plant at Mare Isl and. She and
others warn the complex would negatively
impact a county already suffering from the
highest rate of respiratory disease in the
Bay Area.
MICHAEL RUSHTON is Supervising
Deputy District Attorney in Riverside
County.
BARRY TUCKER , a shareholder at
Heller Ehrman White & McAuliffe in San
Diego, reports th at he and his wife are
parents of a second child, Jacob H arrison
Tucker, born in June 2002 . H e is
President-Elect of the Legal Aid SOCiety
of San Diego, Inc.
DAV I D WE ISKOPF is Associate
Director of the San Francisco office of
Ketchum, a Bay Area public relations
agency. Previously, he was D eputy G eneral
Manager of Weber Shandwick's Silicon
Valley office and, prior to that, was with
Levi Strauss & Co.
MARY CATHERINE W I RTH ,
CHRI STOP H ER C LIN E has been
elected a Fellow of the American College
of Trust and Estate Counsel.
Senior Corporate Counsel for Yahoo 1
Inc., was profiled in a November 2002,
Corporate Legal Times article entitled
"Protecting Free Speech and Expression
When You Yahoo 1"
38
MARC TERBEEK is a partner and
principal at Melman Terbeek in Walnut
Creek, where he practices business, real
estate, and insurance law. H e and wife
Susy Meyer are the proud parents of
Tasha, age 5.
CLASS OF 1994
KATE DYER is a name partner with
Clarence, Snell & D yer in San Francisco.
DAVID ELIGATOR is enjoying
practice at Sedgwick, D etert, Moran &
Arnold's San Francisco office, doing
environmental and commercial litigation.
H e recently joined the Board of San
Francisco Court-Appointed Special
Advocates, a nonprofit organization that
advocates for children in the city's foster
care system.
EVA Guo has joined Sylvester &
Polednak in Las Vegas, which specializes
in business transactions and litigation,
creditor's rights, personal injury, and estate
planning.
GARO HOVANNISIAN was elevated
to partner with Nelsen, Thompson, Pegue
& Thornton, a Santa Monica firm
specialiZin g in insurance coverage and
HA
TI NGS
JOHN HUANG was profiled in
related litiga tion . H e and his wife, Arsineh,
have a 2-year-old son, Vahan.
the November 2002 American Lawyer.
O riginally t he founder of a Shanghai
lega l boutique, he merged with two other
boutiques to form All Bright Law Offices,
which in less than four years has grown to
be Shanghai's largest law firm, with 187
lawyers.
LESLIE HYMAN was elected a
shareholder with Cox & Smith in Sa n
Antonio. H er practice is in commercial
litigation, with an emph asis on antitrust
and securities law and appeals.
KELLY REAGAN h as been elected a
shareholder with the West Pa lm Beach
fi rm Page, Mracheck, Fitzgerald & Rose.
NANCY STUART, a C linical
Attorney at H astings College of the Law,
was honored in Ap ril 2002 at a reception
hosted by th e H astings Public Interest
Law Foundation fo r her outstanding
contributions to the public interest
community.
CLASS OF
1 995
JOHN LIVINGSTONE wrote in the fall
BRENDA ALTMAN , a solo
of 2002 that he h ad "just finished riding
my bicycle for nine weeks coast to coast
from Everett, W ashington, to Gloucester,
Massachusetts - 4,200 miles." Next on
his agenda was to return to the Bay Area
to resume his law career.
practitioner in San Francisco, writes
that she is in her second yea r as Board
President of Friends of the Urban Forest,
a San Francisco nonprofit organization
committed to planting and caring fo r trees
along San Francisco city streets. She also
is in her third year as Board Chair of the
Buchanan YM CA of San Francisco. Altman
received a certificate of appreciation from
Volunteer Legal Services of th e San
Francisco Bar Association in 2002.
ROBERT MCDONALD is
coordinator of USAID technical
assistance and policyllegal adviser to
the Telecommunications Regulatory
Commission in Amman, Jordan .
ROBERT MCFARLANE was
elected a partner with Townsend and
Townsend and Crew. H e is resident in the
firm's San Francisco offi ce and specializes
in intellectual prop erty, p atent, and
complex co mmercial litigation .
MICHELE SIMO N has developed a
specialty in food and nutrition policy. She
holds a masters degree in public health
and fo rmed the Center fo r Informed
Food C hoices in 2000. As Director of t he
nonprofit orga nization based in Oakland,
she continues to raise awareness about
how government regulations and corporate interests influence our food choices.
She is currently developing a strategy for
addressing the fas t food industry similar to
that used against tobacco companies.
FRAN K WEISS is a pa rtn er with the
Portland, O regon, firm of Tonkon Torp.
H e practices in the area of commercial
litigation.
JEANNINE SANO has joined Dewey
Ballantine's Palo Alto office as a partner
and has been appointed m anaging partner
of that office.
K EVIN STERN is a sh areholder with
th e international law firm G reenberg
Traurig in Washington, D.C. His practice
foc uses on commercial litigation .
CLASS OF
1996
R ICHARD CAMPBELL and his w ife,
SHERR I LL CORBETT has been
elected a partner with Tonko n Torp, a
73 -lawyer fi rm in Portland, O regon. She
works with clients in general corporate,
transactional, and corporate finance areas.
, 39"
"
Julie, are the parents of a daughter, Teresa
Marie, born June 19, 200 2. "S he is in
p erfect health and growing fast er th an
ca n be believed," says the proud fa ther.
Richard is an associate att orney with
W ithey, Anderson & Morris in Phoenix.
CARYN CRAIG m arried Mark Field
in O ctober 200 2 at Yosemite National
Park. In attendance were 1996 classmates
IIA\TING\
BARBARA YOOK , D AV E
KASTANIS , and MICHAEL
N ELSON. aryn co ntinues to work
a a d put)' at the aliforn ia Attorney
G eneral's office in acramento, w here
h pecializes in na tural resources and
environmenta l law.
M ICHAEL C Y RAN join ed the
Denver office of Holme Roberts & O wen
in 2002. H is practice focuses on corpo rate
and securit ies law, an d he has repre ented
issuers, underwriters, and investors in
public and p rivate securiti es offerings,
mergers and acquisitions, corporate
restru cturings, joint venture formation
and shutdown, and public comp any
re porting matters. H e also provides
tart-up counseling.
SEAN FARRELL is G eneral Co unsel
fo r NT C H , In c., a wireless telecommunica tions carrier in H ermosa Beach with
m arkets in Colorado, Idaho, Tennessee,
and California. Previously, he was a senior
litigation associate at Rutan & Tucker in
Costa Mesa.
G ARY BURCHAM married Apri l
Becker on June 7 in La Joll a. Burcham is
an attorney and partner witl1 Zugma n and
Burcham in downtown San Diego.
SCOTT CASTRO is an associate in
the land use and environmental practice
at Jeffer, Mangels, Butler & Marm aro in
San Francisco. Previously, he was an EPA
attorney and in-house counsel to MHA
Environmental Consulting.
DONYA FERNANDEZ was the
author of a letter in the San Francisco
C hronicle's N ovember 24, 2002, edition
on the topic of whether race should be a
factor in public law school admissions.
"LSAT scores and undergradu ate grades
alone do not determine who will be a
good attorney," she says.
CLASS OF
1998
associate with Kaufm an and Logan in San
Francisco.
STEPHEN KNIGHT , Coordinating
Attorney for H astings' Center for G ender
and Refugee Studies, is the co- author of
an article, "Unequ al Protection," in th e
November 1, 2002, issue of the Bulletin
of th e A tomic Sci.entists.
AMY O ' BRIEN recently joined Freddie
Mac in McLean, Virginia, as an Assistant
General Counsel in the legislative and
regul atory affairs department of the legal
division.
CLASS OF
1997
MICHELLE BRAGER is an attorn ey
wi th th e firm of Gibson Robb & Lindh in
San Francisco, specializi ng in m aritime law.
his solo practice with the Legal Solutions
Group of San Rafael, w here he is a
partn er.
with Ca rroll , Burdick & McDonough 's
San Francisco office. He practices in the
firm 's produ cts li ability/asbestos group.
Previously, he was with Ropers, Majeski,
Kohn & Bentley.
BRIAN WALSH in the fall of 2002
appea red in a production of the murder
mystery "In for the Kill," staged by the
Santa C lara Players. He is a legal
administrator with the offi ce of the State
Attorney G eneral in San Francisco.
CLASS OF
1999
MICHAEL AMIR joined Friedem ann
O 'Brien G oldb erg & Zarian as an associate
in its Los Angeles office. Amir previously
served as a judicial extern-clerk for Justice
Arthur Gilbert of the Second District
Court of Appeal and for Judge Susan
Illston of the U S. District Court for the
North ern District of Ca liforni a.
TROY BRITT and his wife, Leslie,
announce the birth of their son, Cameron
Anthony Britt, born in February 2002 .
Troy recently left the Federal Defenders
of San Diego and is now working as a
Deputy Public Defender in the San Diego
County Public Defender's Office.
CHARLES COHEN in Jun e 2003
joined th e fac ulty of Ca pital University in
Columbus, Ohio, as a Professor of Law.
JAY JACKMAN continu es to work as
a full-tim e psychi atric expert witness in
crimin al cases. "Attending H astings was
extremely useful to m e in my professional
wo rk, and m any attorneys like th e fact
that I passed the Californi a Bar," he says.
RICHARD SCHWARTZ is a staff
counsel at WMS Gamin g in Chicago and
is responsible for IP licensing, mergers and
acquisitions, and technology development .
Form erly, he was with Telecom Italia
Ventures.
ERIC STERNBERGER has merged
TODD THACKER is an associate
MARIANNA KLEBANOV is an
Premsriru t, have fo rm d th ir own
firm , Goodm an, Br wn '" Prem rirut,
pecializing in litiga tion and c mme r ial
tran actions.
IVAN TJOE , after a decade in the
Bay Area, is trading in Bay views for
movie st ars and palm trees as he joins
th e construction department of Lewis,
BrisbOiS, Bisgaard & Smith's Los An geles
office.
CLASS OF
2000
FRANK BUSCH is Assistant Vice
President and Corporate Counsel with th e
First N ational Bank of Ari zo na and First
N ational Bank of N evad a. His office is in
Scottsdale, Arizona . Previously, he was
with Snell & Wilmer in Phoenix .
WENDY KEEGAN accepted a
clerks hip, which bega n in Janu ary 2003 ,
with Judge William B. Bryant, Senior
Judge of the U S. District Court for the
District of C olumbia.
EUGENE LlTVINOFF is a trial
attorney with the San Francisco offi ce of
the U S. Department of Justice's Antitrust
Di vision . H e also has served H astings as a
legal writing instructor.
TAWNI OLSON has join ed G oyette
CHARANJIT BRAHMA is an
associate with Kirkland and Ellis in
Washington, D.C., specializing in
intellectu al property.
DAVID BROWN and two of his
friends, Eric Goodm an and Puouy
40
& Associates in G old River and w rites that
she is enjoying Sacramento and splitting
her time between practicing law and
adventure racing.
· HASTING S
THOMAS WALLACE is an associate
with Bullivant Houser Bailey in the firm's
San Francisco office. His practice focuses
on insurance coverage litigation, busin ess
litigation, and subrogation. He previously
taught legal writing and research, and oral
advocacy at Hastings.
CLASS OF 2001
J USTIN FERBER has transferred
from the Palo Alto office of Pillsbury
Winthrop to the San Diego office,
where he is an associate in the corporate,
securities, and finance department.
NANCY NGUYEN in July 2002
left the Los Angeles office of Crosby,
Heafey, Roach & May and is now at Piper
Rudnick's Los Angeles office doing
commercial litigation.
S T ACY TYLER is a Deputy Attorney
General with the California Department
of Justice in San Diego.
CLASS OF 2002
SHELLEY ARAKAWA is a
program associate for the Foundation for
a College Education in Redwood City.
BRYAN BARNHART has joined the
litigation group of Nossaman, Guthner,
Knox & Elliott in the firm's San Francisco
office.
STEVE CHU is an attorney working
in general civil litigation with the firm
Marion's Inn in Oakland.
ERIC GELSTON is an associate
at GnazzoThill, a San Francisco firm
specializing in finance law.
C ONNIE LUCAS MERRIETT
married Anthony Merriett on March 23,
2002 . She is law clerk to Judge Wilkie D.
Ferguson, Jr., U.S. District Court, Southern
District of Florida, sitting in Fort
Lauderdale. Merriett was admitted to the
California Bar in December 2002.
A DR IANE MAJLESI is a legal
research attorney with the San Francisco
Superior Court.
MATTHEW PHILLIPS is
Executive Director of the Newport/Mesa
Federation of Teachers in Costa Mesa.
41
. .
1 1•
2003
ABA ANNUAL MEETING. ALUMNI RECEPTION. SAN FRANCISCO
13 ,
2003
CONTRA COSTA CHAPTER NEW STUDENT W ELCOME
AND ALUMNUS OF THE YEAR
AUGUST
18,
2003
NEW STUDENT WELCOME RECEPTIO N , H A S T INGS
A UGUST
22.
2003
LATINO CHAPTER NEW STUDENT WE L COME
A UG UST
2 0 03
BLACK ALUMNI CHAPT E R NEW ST U DENT WELCOME
SEPT E M BER 4 ,
2003
H ISPANIC N ATIO NAL BAR ASSOC IATION , ALUMNI RECEPTION , SAN JOSE
5,
2003
C ALI FO RNIA S TATE BAR , ALUMNI RECEPTION ,
SEPTEMBER
VISIT
ANAHE IM
SEPTEMBER
25 , 2003
SEPTEMBER
2003
Los ANGELES JUDGES RECEPTION
SEPTEMBER
2003
FRESNO CHAPTER ALUMNI RECEPTION
SEPTEMBER
2003
SAN DIEGO CHAPTER ALUMNUS OF THE YEAR
DENVER CHAPTER ALUMN I RECEPTION
DINNER
OCTOBER
29 ,
OCTOBER
HASTINGS'
ONLINE
CALENDAR OF
EVENTS AT
HTTP : //WWW .
2003
TOBRINER LECTURE , PROFESSOR GERALD TORRES
2003
ORANGE COUNTY CHAPTER ALUMNUS OF THE YEAR
UCHASTI NGS . EDU/
ALUMNI _ 01
HASTINGS
Director of College Relations
Tim Lemon
Director of Alumni Relations
Kate Pine
Director of Hastings 1066
Foundation
Suzanne Needles
Director of Public Affairs/
Editor; Hastings Community
Fran Marsh
Design
Belinda Fernandez/Studio B
Photographs
Bruce Cook
Kate Pine
Fran Marsh
Printing
Far Western Graphics
Sunnyvale, CA
Hastings Coll ege of the Law
Board of Directors
Chair
James E. Mahoney ('66)
HASTI N GS COLLEGE OF THE LAW
University of California
College Relations
200 McAllister Street
San Francisco, CA 94102
Nonprofit Organization
U. S. Postage
PAID
Pennit No. 13797
San Francisco, CA
Vice Chair
John K. ("Jack") Smith ('54)
ADDRESS SERVICE REQUESTED
Maureen E. Corcoran ('79)
Eugene L. Freeland (' 51)
John T. Knox ('52)
Jan Lewenhaupt
Brian D. Monaghan ('70)
Directors Emeriti
Hon. Marvin R. Baxter ('66)
Hon. William R. Channell ('49)
Joseph W. Cotchett ('64)
Myron E. Etienne, Jr. ('52)
Hon. Lois Haight Herrington ('65)
Max K. Jamison ('45)
Kneeland H. Lobner ('44)
Hon. Charlene Padovani Mitchell ('77)
John A. Sproul
• ~. s C"
1\ is published three times a year for alumni and friends of the College. Material for "Class Notes" and correspondence are always welcomed and should
be addressed to Hastings Community, c/o College Relations, at 200 McAllister Street, Room 209, San Francisco, CA 94102 or send e-mail to <[email protected]>.
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