SUMMER EXPERIENCES

Amy Moore, a first-year law student, shared this report of her summer: “I had been to Africa two other times, but had never managed to sort out getting the permits to go on a gorilla trek. Last year, I decided I was going to go while there were still some gorillas left to see.

“I landed in Kigali, met my guide, and drove for two hours to Ruhengeri. You have to be at the office at the Parc National des Volcans before 7 a.m. Even though it was early, it was exciting to see Rwanda in daylight. The first of three treks was to the Kwitonda family. They were from the Congo, but had been in Rwanda since the beginning of the year when the rebels in Congo started to kill gorillas again. There was one silverback killed in January, and a female killed in May. Sadly, in August, another silverback was killed, along with three females, one that was pregnant. The trek the first day was relatively short, only about 10 minutes. That was a good thing because the elevation is about 9,000 meters, and I wasn’t used to it yet. The gorillas were on the outside of the park, the hike was through the steep potato fields. The next day I went to Group Thirteen. The hike was about 20 minutes to the park, and then another hour in the park. The rangers had machetes to cut a path, but it still was a lot of climbing over roots, and crawling under branches. The mud was about ankle deep, but it wasn’t too steep. There had been a baby born overnight in the group. The silverback wasn’t happy that we were there, so we only saw them from about 20 feet away. The mother and newborn were not with the group, so we never saw them. The last day we went to the Hirwa group. It was a 20-minute hike through the fields to the park, and then about an hour and a half to the group. It was raining, and of course, misty. The hike was very steep, and the mud was knee-deep in some places. This group had three relatively young gorillas that stayed close to their mothers and the silverback. There were about six juveniles that were running around, climbing up the trees, and then falling out of the trees practically on top of us. There are no words to describe what it is like having gorillas doing somersaults all around you.

“It was back to Kigali that afternoon, in wet muddy clothes. Stayed at the hotel that was made famous in Hotel Rwanda (wasn’t that nice, don’t recommend it). The following morning I went to the Genocide Memorial. I had been to several other genocide museums/memorials in Cambodia, Nanjing and Croa-tia. You can never really be prepared though. My guide had asked me several times during the trip if I wanted to know anything about

that time. I had a million questions, but I didn’t want to know the answers to them. This memorial didn’t have any skulls or bones on display like some of the other ones I have been to, so I thought I would be able to get through without crying. There was one room that was really moving, there were only pictures of eight or 10 kids. Under their pictures it had their name, their favorite food, best friend, best subject in school, and at the bottom it said how they were killed. So much for being able to get through without crying. In terms of being a tourist, I never like to go to the same place twice. But, if I had the opportunity to go to Rwanda again, I would.”

ALUMNA NOMINATED FOR U.S. ATTORNEY

President Bush has nominated Diane J. Humetewa, a 1993 graduate of the Sandra Day O’Connor College of Law, to serve as U.S. At-torney for Arizona. If confirmed by the U.S. Senate, Humetewa, a member of the Hopi tribe, would be the first Native American appointed to the position. Humetewa is the senior litigation counsel and tribal liaison in the Arizona U.S. Attorney’s Office and serves as an appellate court judge for the Hopi Tribal Court. Humetewa, 42, told the Associated Press that

she was “extremely honored” by the nomination, but declined to comment further, saying it was too early in the process. Patricia White, dean of the College of Law, said Humetewa is an excellent choice. “She will bring professionalism, experience and a caring sensitivity to this position,” White said. “She will carry on the strong tradition of excel-lent U.S. Attorneys for Arizona, including her immediate predecessor Paul Charlton, his predecessor Jose Rivera, and his predecessor Janet Napolitano. They all brought exceptional talent and professionalism to the post. This is the tradition that Diane Humetewa inherits and will continue.” Rebecca Tsosie, executive director of the Indian Legal Program, said Humetewa is an excellent choice. “Diane Humetewa has outstanding academic credentials and extensive ex-perience as a prosecutor,” Tsosie said. “I cannot think of another person who

C O N S T RU C T I V E NOTICE

November 21, 2007 Volume 28

has Diane’s depth and range of experience as a federal prosecutor and familiar-ity with the many programs encompassed within the U.S. attorney’s office. “I cannot think of another individual who has the same combination of intellectual brilliance, outstanding lawyering skills, impeccable judgment, high ethical standards, commitment to professionalism, and the ability to build consensus and understanding among diverse groups. Diane Humetewa will be an excellent U.S. Attorney for the state of Arizona, the Native Nations within the southwest, and for the entire country.” Humetewa, who served as a counsel to the U.S. Senate Committee on Indian Affairs from August 1993 to March 1996, when Sen. John McCain, R-Ariz., was chairman of the panel, has been an Assistant U.S. Attorney for six U.S. Attorneys. She was recommended for the nomination by Sens. Jon Kyl, R-Ariz., and McCain to fill the position vacated by Paul Charlton, one of eight U.S. attor-neys ousted in a controversial purge of the Justice Department. Daniel Knauss has served as the interim U.S. attorney since January. “Diane has demonstrated a devotion to public service and commitment to justice, and I believe she is uniquely qualified to address legal issues in the state of Arizona,” McCain said in a statement. “During my chairmanship on the Senate Indian Affairs Committee I had the opportunity to work with Diane and witness her dedication to serving Americans, commitment to justice and incredible work ethic. “These qualities will serve her well as the next U.S. Attorney for Arizona. I urge the Senate Judiciary Committee to consider this very capable nominee as soon as possible and allow the full Senate to swiftly confirm Diane as the first Native American to serve as a U.S. Attorney.” Kyl also expressed his support. “I am pleased that President Bush has nominated Diane Humetewa to the role of U.S. Attorney,” Kyl said. “I believe her background as a prosecutor, crime-victims advocate, and years of public service make her an outstanding choice to become the next U.S. Attorney for Arizona. I congratulate her, and join with Senator McCain in urging her swift confirmation.” Charlton told The Arizona Republic that he and Humetewa have discussed the job in recent months, and he feels she is a “perfect fit.” “I tried a case with Diane about 10 years ago, and it was there that I saw this extraordinary combination of outstanding prosecutor and an individual with a clear moral compass who understood what was right and demonstrated good judgment consistently,” Charlton said. “One of the qualities you need to be a U.S. attorney in Arizona is to have a great deal of sensitivity to issues in Indian country, and no one has been better able to exemplify that than Diane.”

EXAM-TIME STUDY HELPS

As exam time approaches, the Law Library staff would like to remind you about the following helpful study tools and services they have produced to assist you in preparing for exams.

EXTENDED HOURS The Law Library will be open the following extended hours during finals:

Nov. 30 and Dec. 7 7 a.m. - midnightDec. 1 and Dec. 8 8 a.m. - midnight

STUDY ROOMS

The law library has group study rooms available for the exclusive use of Col-lege of Law students, faculty, and law alumni studying for the state bar exam. During exam periods three- to four-person groups may reserve a room for up to maximum of six hours per day and five- to six-person groups may reserve a room for up to maximum of eight hours per day. You may reserve rooms up to one week in advance. Reserved rooms will be held for 10 minutes. Exam study room policies will go into effect Nov. 26. Please stop by the Law Library Circulation desk to reserve a room.

LAW SCHOOL PAST EXAMS

Many faculty members make their past exams available to students as a teaching aid. In an effort to provide students with the broadest possible access to past exams, the Law Library has placed them online. You may access them from the Law Library’s home page.

STUDY SKILLS COLLECTION

It is now easier for you to find books that will help you succeed in law school. The Law Library staff has created a Study Skills Collection. Located in the Reserve Reading room on the first floor of the Law Library, the collection brings together an array of study aids, legal research and writing texts, exam and bar exam materials.

Diane Humetewa

Amy Moore on a gorilla trek

BERCH, COHEN OFFER INTERSESSION COURSE

The College of Law in cooperation with the State Bar of Arizona is offering a unique series of interses-sion courses on ethics and professionalism that will bring together students and practicing lawyers. The series, entitled Professors Michael Berch & Larry Cohen Call You Back to Class, will be held Jan. 2-10, and have eight different sessions. Students will sign up for the entire series, and lawyers can sign up for one or more days, earning up to three hours of CLE credit for each session. The series includes:

Regulation of the Legal Profession (Jan. 2) – The types of conduct that may subject a lawyer to professional discipline, the latest Arizona rules

regarding unprofessional conduct and admission of out-of-state practitioners, interstate discipline, duty to report another lawyer’s misconduct, overview of malpractice actions against lawyers and other sanctions for negligence on the part of lawyers.

Fundamentals of the Lawyer-Client Relationship (Jan. 3) – Duties to prospective clients, the retainer agreement, allocation of decision-making between lawyer and client, billing problems, duty of confidentiality and the organization as a client.

Requirements of Loyalty to the Client, Part I (Jan. 4) – Conflicts of inter-est regarding prospective, present and former clients, the hot-potato rule and positional conflicts.

Requirements of Loyalty to the Client, Part II (Jan. 5) – The application of conflicts rules to specific areas (personal interests of the lawyer, criminal cases, insurance matters) and imputed disqualification rules.

Advising Clients (Jan. 7) – Ethical doctrines relating to advising individual and corporate clients and contacting represented and unrepresented persons and issues concerning the role of the lawyer as negotiator and evaluator.

Ethical Problems in Litigation, Part I (Jan. 8) – Sanctions for litigation misconduct, litigation tactics, disclosures of law and fact to your adversary and handling physical evidence.

Ethical Problems in Litigation, Part II (Jan. 9) – Ethical issues relating to false testimony and contact with jurors before, during and after trial, as well as special rules relating to prosecutors.

Delivery of Legal Services (Jan. 10) – Advertising and solicitation, referrals to specialists, unauthorized practice of law and multi-jurisdictional practice and issues surrounding the provision of pro bono legal services.

Students can go to www.asu.edu/interactive and register for the class up, to the day it starts, under Winter 2007 using course number 90266. State Bar of Arizona lawyers can register at www.myazbar.org/CLE.

INTERSESSION COURSE ON INT’L BANKRUPTCY

Bankruptcy as a global issue is the focus of an intersession course that will be offered in January at the College of Law by two noted judges from Phoenix and Italy. The one-credit course, An International Approach to Insolvency Legislation, is scheduled for 8:30-noon, Jan. 7-11, and will be taught by U.S. Bankruptcy Judge Chuck Case, a 1975 alumnus of the College of Law, and Judge Luciano Panzani, of the Corte di Cassazione in Rome. It is open to all law students, and also is being designed to provide CLE to the legal community, subject to approval by the State Bar of Arizona.

“Over the last 10 to 15 years, there’s been a tremendous amount of growth in the transna-

tional world of insolvency law,” said Case, who was appointed to bench for the District of Arizona in 1994. “More and more companies are doing business in more and more places, and there has been a movement to coordinate procedures among differ-ent jurisdictions that may have companies with assets and creditors both in Italy and the U.S. “The question is, `How do you fairly treat these companies and their creditors, which court has ju-

risdiction and how should the parties and courts coordinate the proceedings?” he said. This coordination effort began in 2000 when the European Union Insol-vency Regulations were adopted. The United Nations Commission on Interna-tional Trade Law drafted similar model laws, which were adopted by Congress in 2005 as Chapter 15 of the U.S. Bankruptcy Code. They grant access to U.S. courts to trustees from foreign countries, Case said. Recent bankruptcy law reform worldwide has focused on rescuing troubled enterprises, rather than liquidating assets and punishing business owners, he said. Italy, England, Germany, Brazil and other countries have been in the forefront of the reform effort, Case said. “The purpose of this class is to explore some of these ideas and give students the opportunity to understand the international implications and the impor-tance of insolvency laws as part of the entire globalization phenomenon that we’ve been experiencing for the last decade or so and that continues to acceler-ate,” he said. Case and Panzani met about five years ago at a forum put together for judges by The World Bank, and they have since lectured together at conferences in Europe, South America and the United States. Case said Panzani, a former pro-fessor at the University of Turin in Italy and a prominent expert in insolvency law, had long wanted to teach at an American university. For more information about the course, go to www.law.asu.edu/Apps/Reg-istrar/CourseInfo and to enroll, go to www.asu.edu/interactive/?init=false, then look for “wintersession.” You can now register up to the day it begins.

HELPSPOT COMING IN JANUARY The IT department will be debuting a new and improved Help Desk soft-ware called “HelpSpot” in January. The new software will be easier to use and include self-service features for those who like to solve their own IT problems. It also will allow for better tracking of requests, both current and past. There will be a demonstration of the software on Dec. 18 and several trainings in January and February.

FACULTY NEWS

Art Hinshaw, Associate Clinical Professor and Director of the Lodestar Dis-pute Resolution Program, presented his paper, “Negotiation Ethics: A Material Misunderstanding,” at the University of Nevada, Las Vegas William S. Boyd School of Law on Nov. 5. Erica Rosenberg has been appointed as a university representative on the Governor’s Forest Health Council, a new council formed this year. It will develop, oversee, and facilitate implementation of the statewide strategy for restoring Arizona’s forests and protecting rural communities and their econo-mies, as well as advise the governor on matters of forest restoration, commu-nity protection and fire management.

RALSTON TO JUDGE CODIE AWARDS

Laurie Ralston, Director of IT and associate in-structor of Law and Practice, has been chosen to serve as a judge for the 2008 Software and Internet Industry Association’s (SIIA) CODiE Awards. The Codie Awards are a unique peer-review system showcasing the software and information industry’s finest prod-ucts and services and honoring excellence in corporate achievement and philanthropic efforts. Ralston will view and judge Web sites and software in several educational categories, including Best Education Ref-erence or Search Service. The first round of judging will end in February and finalists in each category will be named based on the judges reveiw.

CONGRATS TO AAJ MOCK TEAM

The ASU American Association for Justice’s Board announced the following winners of the 2007 AAJ In-House Competition: Sarah Barrios, David Chami, Jimmy Cool, Kristine Reich, Gabriel Sagavedra, Paul Singleton and Ashley Vil-laverde. All winners have been given a slot on the 2007-2008 AAJ Mock Trial team and will compete in the AAJ Competition in Las Vegas in March.

HOLIDAY FOOD DRIVE

The Phi Alpha Delta Law Fraternity is conducting a holiday food drive for the United Food Bank, which serves Maricopa County. Boxes are in the Sidebar Café through Nov. 21. United Food Bank of Arizona served more than 92,000 Arizona residents last year, 40 percent of whom are children.

DOMESTIC VIOLENCE STOCKING-STUFFER DRIVE The Advocacy Program Against Domestic Violence is collecting donations for the shelters where they volunteer. A box will be in the Steptoe & Johnson Rotunda until Nov. 30. The group also will pick up large-sized donations. To make arrangements, e-mail Alexandra.Hicks@asu.edu . Donors will receive a letter for their tax donation. Items needed include: For children: toys and stuffed animals, clothes, shoes, undergarments, pacifiers, baby powder and lotion, toothpaste, toothbrushes, hair brushes, hair accessories, soap, pens, pencils, school supplies and arts and crafts supplies. For women: clothes, undergarments, shoes, books, pocket-size calendar/address books, pens, pencils, toothpaste, toothbrushes, hair brushes, hair accessories, jewelry, makeup, perfume, soap, and arts and crafts supplies. The group also wants to give each woman and child “fun” items… the types of things you would want to find in your own stocking or present. For more information, contact Alexandra Hicks.

IN THE NEWS

Professor Linda Demaine, director of the Law and Psychology Graduate Program, recently was quoted in the Monitor on Psychology. The article, writ-ten by Amy Cynkar, is headlined, “More disciplines are folding psychologi-cal science into their curricula. Here’s how.” It states that psychology, a field dedicated to analyzing the human condition, has become a basic ingredient in nearly every discipline. Demaine told the reporter that psychology can provide expertise in the field of law, which involves the study, prediction and shaping of human behavior.

ATTENTION MAY GRADS

If you plan to graduate in May, you must complete a graduation check-out form after finalizing your spring schedule. To find the form, go to http://www.law.asu.edu/?id=253, scroll to the bottom of the page and select the form for the year in which you entered law school under “Graduation.” If your form indicates less than the required number of credits or a discrepancy in any of the graduation requirements, see the College’s Registrar for clarification or correc-tion. The completed form must be submitted to the Registrar’s Office by Dec. 21. For more information, contact Tammy Vavra at (480) 965-4637 or e-mail tammy.vavra@asu.edu.

Laurie Ralston

Chuck Case

Luciano Panzani

Michael Berch