JUNE 10

UW School of Law Commencement Exercises

MEANY HALL

2:30 P.M. - 4:30 P.M.

JULY 19–AUGUST 3

2012 Patent and IP Law Summer Institute Center for Advanced Study & Research on Intellectual Property (CASRIP)

WILLIAM H. GATES HALL

8:30 A.M. – 3:30 P.M.

JULY 27–28

2012 High Technology Protection Summit

WILLIAM H. GATES HALL

8:30 A.M. - 5:30 P.M.

SEPTEMBER 6–7

25th Annual UW Indian Law Symposium

WILLIAM H. GATES HALL

8:30 A.M. - 5:00 P.M.

SEPTEMBER 11

National Security Conference presented by the Slade Gorton International Policy Center

WILLIAM H. GATES HALL

OCTOBER 4–6

Managing Risk in a Complex World Conference presented by the Law, Business & Entrepreneurship Program

WILLIAM H. GATES HALL

OCTOBER 26

Transatlantic Risk Regulation: Food Safety Conference

WILLIAM H. GATES HALL

Join us on LinkedIn (search for University of Washington School of Law), Facebook (UW School of Law) and Twitter (@UWSchoolofLaw).

Box 353020 SEATTLE, WA 98195-3020

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CLE schedule, visit our website: www.law.washington.edu/calendarPlease recycle.

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Leaders for the Global Common Good

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RemembeR when… 28

Facult y & FiRm 32

books & be yond 34

in the spotlight 36

a l aw degRee in ac tion 42

Facult y ne ws 46

cl ass notes 55

in memoRiam 61

c alendaR back cover

Law School News 2

Features

Judge carol Ful ler ’54 12mentoring maven

Judge plummer lott ’74 16

From court to court

Judge Wm. Fremming nielsen ’63 20

trains, planes & plaintiffs

Judge Marco Hernandez ’86 24

on the Road again

Departments

UW LAW Volume 65 Spring 2012

Dean Kellye Y. Testy Editor Elizabeth Coplan

Copyright 2012 University of Washington School of Law. All rights reserved. UWLAW is published twice a year by the University of Washington School of Law and is made possible by a gift from the Washington Law School Foundation.

CoNTrIbUTING WrITErS Daron Anderson, Theresa Chemnick, elizabeth Coplan, mary Whisner

CoNTrIbUTING PHoToGrAPHErS Elizabeth Coplan, patrice gilbert, matt Hagen, Alicia Hernandez, Tiffany Sevareid, Jack Storms, and Chad Tucker.

DESIGN Jo-Ann Sire and John Linse

EDITorIAL boArD Helen Anderson ’84, Stephanie Cox, Kimberly ellwanger ’85, penny Hazelton, roland L. Hjorth, eugene Lee ’66, LL.m. ’68, Jerry mcnaul ’68, Signe naeve ’00

EDITorIAL oFFICE AND SUbSCrIPTIoN CHANGES UW Law, William H. gates Hall, room 383 University of Washington School of Law Box 353020, Seattle, WA 98195-3020 email: uwlaw@u.washington.edu

16 28 44

The Alumnus/Alumna of the Month program showcases 12 outstanding

alumni each year. Through this program, we honor the extraordinary

careers and achievements of our graduates who use their passions, skills

and voices to advance law and justice and who have become Leaders for

the Global Common Good.

NoMINATIoNS

The Law School Alumni Association welcomes nominations. In order to

achieve a diverse representation of our outstanding alumni, we look for

nominees in the following categories:

FIrMS • GoVErNMENT • bUSINESS • PUbLIC SErVICE

PUbLIC PoLICY • ACADEMIA • ALTErNATIVE CArEEr

To nominate an alumnus, please email Elizabeth Coplan

at ecoplan@uw.edu with the following information:

1 Name and class of alumnus/a

2 The professional category nominated

3 A brief paragraph describing the nominee’s contribution

4 Contact information of the nominee (if known)

Alumnus of the Month Program

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Dear alumni and friends,

A significant number of our alumni serve or

have served as respected judges throughout

the U.S. and in Japan, Taiwan and Korea.

Many of these judges have broken barriers.

For instance, in past issues of UWLAW, we’ve

profiled Betty Fletcher ’56, the first woman

from Washington on the U.S. Court of Appeals

for the Ninth Circuit, and J. Jerome Farris ’58,

the first African American on the U.S. Court of

Appeals for the Ninth Circuit. We also honored

the first woman on the Washington State

Supreme Court, Carolyn Dimmick ’53, the

first man of color, Charles Z. Smith ’55, and

last year’s graduation speaker, Judge Ricardo

Martinez ’80, the first Latino judge on the

federal bench in Washington.

In this issue, we share the stories of four more

judges who blazed new judicial paths. Carol

Fuller ’54 was the first woman judge in the state

of Washington outside of King County when

she became a District Court Judge in Mason

County. In 2003, Wm. Fremming Nielsen ’63

assumed senior status for the U.S. District

Court, Eastern Washington. Plummer Lott ’74,

Associate Justice of the Appellate Division,

Second Department of the New York Supreme

Court, was the first (and remains the only)

judge in the state of New York to preside over

a trial involving three separate juries. Marco

Hernandez ’86 journeyed from dishwasher

in the late 1970s to U.S. District Court Judge

(Oregon) in 2011.

As public servants, these alumni judges

exemplify our mission as “Leaders for the Global

Common Good.” Their individual journeys and

their accomplishments prior to becoming judges

demonstrate the hard work required to join the

judiciary and to succeed there.

For a list of over 80 UW Law graduates on the

bench, visit: lib.law.washington.edu/content/

guides/UWJudges.

Also in this issue we announce the launch of our

Alumnus of the Month program; we will honor

the extraordinary careers and achievements

of our graduates through a monthly feature on

our website. These are graduates who use their

passions, skills and voices to advance justice in all

areas of law, business and public policy. Please

consider nominating an alumnus. You will find

details on how to do so on the inside back cover.

Finally, as we go to press, we

are saddened by the sudden

loss of Professor Emeritus

Richard O. Kummert. Most

of us know of his impressive

contributions to UW Law

over many decades. One of

the themes that is especially

strong in reflections on

Professor Kummert’s life is

how generous he was in his

service to the law school. In admissions,

with our programs in and students from

Japan, with the Washington Law Review, with

the UW Law Foundation, as Associate Dean,

and in many other ways, large and small,

Professor Kummert built the foundations of

excellence that will continue to provide a strong

platform for our institutional advancement.

Looking ahead to the next academic year,

we dedicate ourselves to Professor Kummert’s

legacy of generous and effective service as

we continue to make UW Law one of the world’s

best homes for legal education.

Message from the Dean

Kellye Y. TestyDean, UW School of LawJames W. Mifflin University Professor

2

Just as Perry Mason was a master of uncovering

evidence, Professor Robert Aronson was a master

of teaching evidence.

Instead of simply giving lectures, Aronson used

examples of law from popular culture like Perry

Mason. To encourage creative thinking, he gave

students the opportunity to earn extra credit

through music, poetry or art projects. He also

had his students complete weekly exercises so he

could provide them constant feedback, which he

found helped students understand the subject.

“As a teacher myself, I appreciated Professor

Aronson’s educational approach,” said Jeanine B.

Lutzenhiser ’13. “We had multiple opportunities

to apply and practice what we were learning,

with feedback from him. The way he conducted

class minimized law school stress and maximized

our learning. He used a real case as our class

materials, which was extremely compelling. And

he encouraged creative thinking, in everything

from our memos to optional extra credit. He is

one-of-a-kind, and I’m so grateful to have had him

as an instructor.”

Lutzenhiser was one of the five students whose

debut music video as “The Blackletter Street Boys

and Girls” premiered during Professor Aronson’s

final evidence class. The group (2Ls Kerra Melvin,

Jeanine Lutzenhiser, Trisna Tanus, Patrick

Keefe, and Aaron Orheim) belted out their own

lyrics on the rule against hearsay to the tune of

I Want It That Way by the Backstreet Boys.

newsLaw SchooL

To bring a statementNot by the declarantWho’s testifyin’ at your trial today?You gotta beat the rule against hearsay…If you’re in doubtJust ask Prof. A—He wrote the book on hearsay!

“Professor Aronson is the high water mark by

which all professors will be judged —for his

teaching, his contributions to the law school

and his commitment to developing an entire

generation of lawyers,” says Samuel Shaddox ’13,

who was also in Professor Aronson’s final class.

After 37 years at the University of Washington,

Emeritus Professor of Law Robert Aronson retired

in December 2011. Aronson’s teaching and

research interests include evidence, sports law,

law and literature, professional responsibility and

PRofESSoR RoBERT ARonSon (1975); WITH DEAn TESTy (2011)

Robert Aronson’s Legacy at UW Law

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criminal law. He is a nationally recognized

expert in professional responsibility and his book,

The Law of Evidence in Washington, is one of

the leading works on the subject.

Professor Maureen Howard ‘86 said that like

every other trial lawyer and judge in town she

relied on The Law of Evidence in Washington as

the go-to ‘bible’ of evidence. “His reputation as a

scholar in the areas of evidence and professional

ethics,” detailed Howard, “are equaled only by

his reputation as one of the most innovative and

effective teachers in the law school’s history. one

of the few regrets I had looking back on my own

legal education was that I never got to take a class

from him. So, when I learned that last autumn

was likely to be his last evidence class, I asked if I

could ‘audit’ it and try to learn something from the

knee of the master. It was inspirational to see how

he brought the material to life and engaged the

students. His mastery of the material, his respect

for the students, and his dedication to the craft of

teaching has set the bar most high for those who

follow, and instills a desire to be better teachers.”

Aronson’s favorite part of being a professor at

the UW School of Law was interacting with the

students and watching former students thrive in

their legal professions and achieve their goals.

“Helping them to understand the positive and

negative aspects of the legal profession, and

how they might find a career that will fulfill their

economic, family and moral goals was the most

enjoyable part of being a professor,” he said.

“I can take little credit, but enormous enjoyment,

watching the incredible achievements of my

former students.”

UW Professor of Law Louis Wolcher worked with

Aronson since 1986. He said he remembers

Professor Aronson’s kindness when he first joined

the faculty.

“He was incredibly supportive and helpful of junior

colleagues,” Wolcher said, adding that Aronson

often went out of his way to welcome him and be

a resource for his concerns.

“His passionate care for his students, his desire

that they learn and that they become ethical

persons [and] realize being a lawyer carries with

it important responsibilities to others… has had

an extremely profound impact on me and many

others,” Wolcher said.

Senior HR Assistant Dean Speer met Aronson in

1989 and said Professor Aronson’s integrity, sense

of humor and perspective garnered him respect

as a dedicated teacher.

“[He challenged] the usual modus operandi and

always thought of what might be best for the

students…and ultimately for the School of Law,”

Speer said.

In his speech at his installation as the endowed

Betts, Patterson & Mines Professor of Law in

April 2008, Aronson also challenged those who

emphasized “winning at all costs”. He quoted

4 newsLaw SchooL 4

Abraham Lincoln as saying, “you must remember

that some things legally right are not morally right.”

“To the extent that we provide support and

positive role models of lawyers, judges, coaches

and athletes, and to the extent possible serve as

positive role models ourselves, we can encourage

present and future lawyers and athletes to

aspire to more and enduring values and more

responsible conduct than winning at all levels,”

said Aronson at the conclusion of his speech.

former Assistant Dean Sandra Madrid worked

with Aronson for five years when he was an

Associate Dean. In addition to his administrative

roles, teaching and counseling, he also taught

a pre-law seminar for undergraduate diversity

students. Madrid remembers the class as being

way ahead of its time. “It provided undergrad

students, mostly students of color, an opportunity

to learn about the law,” said Madrid. “He made

it fun and interactive and I believe one of the last

classes he taught had over 80 students. He did

this above and beyond his law school teaching.”

In addition to teaching, Aronson was involved

with many memorable cases while at the UW.

He consulted on ethics issues in cases involving

Kurt Cobain, Jimi Hendrix and the PGA. He also

worked on the highly publicized cases involving

former coach Rick neuheisel and Dr. William

Scheyer, who provided painkillers to UW athletes.

Aronson is most proud of his declaration in Fisons

vs. Physicians Insurance Exchange, where he

worked to establish a higher standard of conduct

in pretrial discovery, and of his testimony in a

congressional hearing investigating the conduct

of Vice President Dan Quayle.

Aronson, who played soccer and lacrosse in

college, was also an active member in the

sports community. At the UW, he was a faculty

Athletics Representative and advised the athletic

department, staff, coaches and student-athletes

on Pac-10 (now Pac-12) and nCAA compliance

issues. Aronson said he enjoyed this position

because he was able to incorporate law skills while

giving guidance. The high point was presenting the

case on behalf of the University before the nCAA

that won back a number of televised games for the

football team in 2004.

“The most enjoyable aspect was advising coaches

and staff how to accomplish their goals without

violating nCAA regulations, much like a tax or

corporate lawyer advises clients,” he said.

His experience working with the UW athletic

department inspired him to become involved

in policy-making at the Pac-10 and nCAA level.

He served as President of the Pac-10 and on

the nCAA Management Council. Aronson said

he was interested in how policies and regulations

of these organizations served the goals of

intercollegiate athletics. for example, he wondered

if coaches and student-athletes were treated

fairly and if the role of money undermined the

inherent value of the program.

Dean Kellye Testy has served as the law school dean

for the past two and half years. When asked about

Aronson, Dean Testy responded, “My only regret

with Rob is that we were not colleagues sooner.

I admire him as a person and as a professor more

than I can say. He has been an outstanding teacher,

scholar and community member at UW and we

hope to continue to have his involvement for many,

many years. In short, he’s a legend here for a very

good reason – he epitomizes what we strive for in

our mission and values.”

Although the professor has retired, he is still

helping students, meeting with a Mock Trial

Team to assist them with evidence issues.

Aronson is also finishing his books on professional

responsibility and evidence and acting as a

consultant on ethical issues in several cases.

Retirement will also provide him extra time to

read for pleasure and work on his golf game.

Robert Aronson’s Legacy at UW Law continued

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With her two-year appointment within the obama

Administration’s International Trade Administration

(part of the U.S. Department of Commerce) over,

UW Law Professor Anita Ramasastry is back in

Seattle and ready to return to the classroom

and tackle new endeavors, including a blog

about human rights due diligence for businesses

operating in global markets.

In Washington D.C., Ramasastry served as a Senior

Advisor in the International Trade Administration,

working under the leadership of then-Secretary

of Commerce Gary Locke. During her time there,

she developed and advanced strategies to keep

markets open for U.S. companies, by reducing or

eliminating global trade barriers as part of a team

focused on market access. Ramasastry noted that

one of the largest barriers facing U.S. companies

is corruption in overseas markets. Companies

from competitor nations may win contracts or gain

advantages by paying bribes to foreign officials.

This harms not only businesses but local economies

as well. Ramasastry also examined the human rights

obligations of companies when they operate in

overseas markets.

Chair and Director for Academics, Law,

Technology & Arts Group and Professor of

Law Bob Gomulkiewicz ’87 said it is rare to

see someone who is well-versed in the law and

policy enter public service, but he is confident in

Ramasastry’s work at the capital.

“Every U.S. citizen benefitted from having someone

of Ramasastry’s extraordinary ability working at the

Department of Commerce,” he said.

James D. filpi, Senior Counsel for the Commercial

Law Development Program at the Department of

Commerce’s office of the General Counsel, said

Ramasastry impressed many in Washington, D.C.

PRofESSoR AnITA RAMASASTRy

with her savvy diplomacy and ability to connect

with so many of our diverse constituents around

the world.

“When you work with Ramasastry, you realize

that not only is she extremely intelligent and well

versed in her expertise, but most importantly, she

is an earnest teacher – someone who is genuinely

concerned that her students are learning the

material,” he said.

As part of her work as a senior advisor, Ramasastry

took part in the President’s national Export

Initiative, a program that aims to double U.S.

exports in five years. Within the committee, she

coordinated strategies for increasing trade in

Colombia, Indonesia, Vietnam, Saudi Arabia, South

Africa and Turkey.

“It was great to be part of that program,” the

professor said. “These countries have growing

populations and economies…we’re not only

thinking of current trade opportunities, but also

future opportunities.”

Professor Anita Ramasastry Returnsto UW Law Campus after International Trade Administration Appointment

6 newsLaw SchooL 6

Professor Anita Ramasastry Returns to UW Law Campus continued

Ramasastry was also a senior member of the

Commerce Department’s Internet Policy Task

force, which developed policy recommendations

on Internet privacy and the global free flow of

information. The task force provided suggestions

of how to balance necessary restrictions on

information flows with the need for countries

to enable businesses to use the Internet to

conduct business and trade across borders.

Professor Ramasastry said “restricting this free

flow of information harms domestic economies,

innovation and small businesses.”

Molly Stech ’05, an international trade specialist in

the office of Intellectual Property Rights, said she

felt fortunate to work on projects Ramasastry led.

“from my perspective, Professor Ramasastry

brought as much enthusiasm, energy, dedication

and intelligence to her work at the Department

of Commerce as she brings to teaching,” she said.

“It was a privilege to work with her professionally

on complex cutting-edge issues that are

important to this country.”

During her time at the Department of Commerce,

Ramasastry took a temporary leave from her

position as a tenured law professor at UW Law.

She said she is excited to be back teaching and

researching commercial and banking law.

“I am a teacher first and foremost,” she said.

“I love teaching, it’s very gratifying.”

Ramasastry said she believes taking leaves

of absence to work for the government and

other organizations allow her to stay current

with emerging policy trends in international

commercial law.

Similar to Ramasastry’s work in the commerce

department, her studies at the UW focus on the

impact of corruption on economic development

in countries with repressive regimes or armed

conflict. Her passion for this topic inspired her new

blog that launched this month. The blog provides

companies with guidance and best practices

with respect to emerging requirements relating

to conducting due diligence to prevent human

rights violations in their global operations. U.S.

companies already face legal obligations to avoid

paying bribes to foreign officials, which has also

created a growing need for compliance programs

and due diligence about their foreign operations.

In June 2011, the United nations passed its

Guiding Principles for Business and Human

Rights that suggest how governments and

corporations can better manage business and

human rights. The U.n. hopes to ensure that

companies do not violate human rights in the

course of their business.

Ramasastry’s blog, which will be listed at

Humanrightsdiligence.org, will provide current

analysis of emerging laws and practices regarding

the development of corporate due diligence

mechanisms designed to protect human rights

in global supply chains.

However, even though Ramasastry is back as a

full-time professor at the University of Washington,

the U.S. Department of Commerce will continue

to call on her as an expert commercial law advisor

to developing countries.

In recent years, Ramasastry has also worked with

the World Bank on international anti-corruption

issues and spent time at the Irish Center for

Human Rights as a fulbright Scholar. Ramasastry

was recently invited to serve as a project

lead and expert for a human rights due

diligence project of the International Corporate

Accountability Roundtable.

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Latest News From Sr. Fulbright Scholar

Professor Beth Rivin

PRofESSoR BETH RIVIn

Hosted by the University of Gadjah Mada School

of Medicine, Beth Rivin has worked in Indonesia

for the last six months teaching bioethics, human

rights and social justice topics to undergraduate,

graduate and professional degree program

students. She has also provided seminars for

residents in the medical schools and researchers

from medical institutions throughout Indonesia.

Rivin is building capacity within bioethics units

at six different universities in Java, Sumatra and

Sulawesi. She is also involved in foundational

meetings in the development of a university

bioethics and humanities network in Asia, in

which the University of Washington School of Law

will play an important role.

The UW School of Law’s Entrepreneurial Law Clinic

(ELC) is an innovative clinic serving entrepreneurs

throughout the Pacific northwest. ELC founder,

Professor Sean o’Connor launched the clinic

to meet an unmet need for both students and

entrepreneurs. “At the time, no other law school

clinic served tech entrepreneurs and university

spin-offs. for a high tech region like Seattle, the

support of these start-ups is the key to economic

development,” he said.

By partnering 15 to 20 third-year law, second-year

MBA and LL.M. students with pro bono attorneys

and business advisors, the clinic gives students

an opportunity to provide critical early stage

legal and business counseling to low-income

entrepreneurs and researchers.

UW School of Law’s Entrepreneurial Law Clinic Promotes Economic Development by Facilitating Entrepreneurship

Jennifer fan, managing director of the program

and UW clinical law professor, said the clinic not

only offers students the opportunity to work on

transactional law matters under the supervision

of seasoned attorneys and business mentors,

but also gives law students the chance to work

in the area of law that they plan to specialize.

These areas include corporate, tax and intellectual

property (IP) law. The ELC also enhances students’

skills in client interviewing and counseling,

communication, legal research, drafting

documents and applying substantive law.

Clients of the clinic include technology

entrepreneurs, small-business owners , non-profits

and social entrepreneurs; the ELC also assists UW

and Institute for Translational Health Sciences (ITHS)

8 newsLaw SchooL 8

faculty researchers. Through the clinic, students

provide counseling on corporate and IP issues,

tax concerns and business and marketing plans.

In the 2010-2011 academic year, ELC students,

supervising attorneys and business mentors spent

4,050 hours on ELC-related work. The clinic served

24 ventures and provided 55 legal consults. The

ELC also did community outreach projects as well.

Angela Schneider ’12 is a joint degree student at

the UW Evans School of Public Affairs and said her

experience at the ELC has established her desire

to practice corporate law in the future.

“I learned how to run client meetings and

consultation sessions, and how to break down legal

issues into practical recommendations that help

a client achieve a business objective,” Schneider

said. “The mentorship provided by Professor fan

and our supervising attorneys has also given me

valuable insight into corporate practice.”

The ELC collaborates with the UW’s Center

for Commercialization (C4C), which works to

support the commercialization of projects for

new companies by providing comprehensive

mentoring and grants. Schneider said her

experiences at C4C have allowed her interest

in corporate law to grow as she works with

more tech companies.

UW LL.M. student Luke H. T. Chuang ’12

started working in the ELC this academic year.

Before coming to the UW, Chuang practiced

law in Taiwan, specializing in IP. He said he

would recommend LL.M. students work in the

clinic because it is an irreplaceable opportunity

to practice IP.

“This experience is interactive,” he said.

“Because there is the business side, the IP side

and the commercial side…we have a lot of

different perspectives.”

UW MBA ‘11 Catherine Bardelson, who

currently is a program coordinator at the

Bill and Melinda Gates foundation, worked in

the ELC while she was at the UW. Bardelson said

she was drawn to the clinic because of her

interest in working in either the social

entrepreneurship or nonprofit sector.

“The experience of working with each client was

like a mini-consulting job, it gave me experience

that I think was very valuable,” she said.

Bardelson said she enjoyed having the

opportunity to collaborate with law students

in the clinic.

“All the law students I worked with were very

professional and easy to work with,” she

acknowledged.

The ELC creates an opportunity to network with

entrepreneurs and non-profits and Bardelson

said she would recommend students take

advantage of the clinic.

“Each week in class we had guests from the

community, and they were always open to

networking with the students,” she said.

Many entrepreneurs that the clinic has helped

have become successful companies. Two of those

success stories are Impel neuroPharma and fat

Cat fudge.

Impel NeuroPharma

John Hoekman, CSo of Impel neuroPharma, a

company that works to enable drugs to bypass the

blood brain barrier, was a UW School of Pharmacy

student when the ELC provided legal counsel.

Hoekman wanted to start his own company and

he was directed by his mentor, Professor Rodney

Ho (School of Pharmacy) to the ELC. Professor

o’Connor, who was an advisor to ITHS, worked

with UW TechTransfer (now C4C) to advise the

startup through the ELC.

UW School of Law’s Entrepreneurial Law Clinic continued

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“It was a great experience,” he said. “It was

amazing getting so much free legal advice. I didn’t

really appreciate how amazing this was until I

left the UW and started seeing actual legal bills.

The students are really enthusiastic and put a lot

of time and effort into the project. It is also nice

having the advisers there to make sure all of the

information is accurate.”

Later Hoekman teamed up with UW MBA

graduate Michael Hite, who is currently Impel’s

CEo. In october 2011, Impel announced

additional funding from private equity investors

and joined in collaboration with two major

pharmaceutical partners.

Hoekman said he credits the ELC for his success.

The company has raised over $2.3 million in grant

funding and $800,000 in private investment money.

“The ELC gave me a rapid education in patent

law which has been an extremely valuable skill in a

life science startup,” he said. “My understanding

of both my IP as well as other IP in the space has

been crucial in building our business.”

Fat Cat Fudge

fat Cat fudge is hand-crafted, gourmet fudge

that is carried by many retailers, including

Metropolitan Market.

founder of fat Cat fudge, Kristine Vannoy

benefitted from the ELC when she began her

business. She said students helped her address

key business issues, as well as employee, tax

and intellectual property issues. But most

importantly, Vannoy said the ELC helped her

create a business plan.

“The ELC helped me to uncover and recognize

issues that I didn’t foresee,” she said. “So many

small businesses fail because they just jump into

it without a plan. no doubt they have a great

product or a wonderful service but it has to make

sense, it has to be viable. Every new business

should seek this sort of counsel.”

It has been seven years since Vannoy began

her business and the demand for her product

continues to grow. In 2011 fat Cat fudge set

a record in sales. Vannoy said she attributes

part of her success to the ELC and is currently

working with a counselor at Community Capital

Development to discuss bringing on an investor

or a business partner.

“I want to grow fat Cat fudge and take it to

the next level,” she said.

PHoTo CREDIT: UW foSTER SCHooL of BUSInESS

JoHn HoECKMAn, LEfT, AnD MICHAEL HITE PoSE WITH

IMPEL’S oLfACToRy DELIVERy DEVICE.

oWnER/foUnDER of fAT CAT fUDGE, KRISTInE VAnnoy

10 newsLaw SchooL

Tech Law Clinic: the Intersection of Public Policy and High Tech

The UW Law Technology Law and Public Policy

Clinic provides students with an opportunity to

draft policy in areas where high technology and

public policy meet. Students work in conjunction

with elected officials, industry representatives

and members of the public to propose policy

recommendations.

UW Assistant Professor of Law William Covington

has been director of the clinic since it opened

in 2003.

“our goal is to create lawyer/technologists,” he

said. “I want these students to have a real exper-

tise in addressing public policy holistically.”

Approximately 10 to 12 UW Law students are

selected to join the clinic each year. While in the

clinic, students are exposed to technology issues

and work with various government organizations,

including the Washington State Legislature.

Alec Paxton ‘13 said he applied for the clinic

to gain public policy skills.

“I knew the clinic would allow me to make a

meaningful contribution while gaining incredible

experience in this area,” he said.

Covington strives to ensure that students not

only acquire a rudimentary knowledge of how

a specific technology works, but also learn to

consider the business implications of the student-

proposed policies. Covington pushes students

to discover what stimulates individuals to invest

in specific technologies and how policy can drive

or inhibit such investments.

After gaining basic knowledge about the

specific technology being investigated and

familiarizing themselves with the basics of

the business, students begin researching.

Simultaneously students meet with industry

representatives, customers, government

regulators and other stakeholders. Students

spend three quarters and approximately 360

hours researching and drafting public policy to

present to the Washington State Legislature.

The relationship between the clinic and the state

legislature began when the House of Representa-

tives’ Technology, Energy and Communication

Committee asked the clinic for a report about

video franchising. After the presentation, mem-

bers of the legislature were sufficiently impressed

to ask the clinic’s students to conduct policy

research for them.

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In the clinic, Christina Hsiang’s (Class of ‘12)

projects work to increase consumer protection

rights for those receiving broadband service and

building code revisions for energy efficiency.

“It is exciting work and the clinic opens up

tremendous opportunities for us to get our

feet wet in these industries and understand

contemporary issues,” she said.

Covington said students provide unbiased and

thoughtful assessments because they have access

to the UW’s world class research facilities and have

no entrenched interest in most policy matters.

“The legislators we have worked with have

been clear that the biggest benefit that UW

Law students offer is fresh perspectives on old

problems,” Paxton said. He went on to say that

the legislators, in their business-as-usual world

of olympia, worry that they may overlook policy

solutions that make sense.

Covington said he hopes the clinic can act in a

manner similar to the federal office of Technology

Assessment (oTA) that was eliminated in 1994.

oTA provided the United States Congress with

objective analysis of complex technical issues.

Currently the clinic is analyzing and making

recommendations on Washington state’s

telecommunication policy. Prior to this task, clinic

students worked on a project investigating spyware

to ensure consumer protection. By examining user

complaints, conducting an electronic investigation

and ultimately drafting formal pleadings directed to

the federal Trade Commission, the clinic’s work led

to the termination of a company’s illegal activities

and a settlement of $3 million.

Paxton said his time spent working for the clinic

has given him a strong understanding of the

legislative system and insight into formulating

policy recommendations.

“As someone who hopes to engage in policy work,

as well as a traditional legal practice, my experience

with the clinic has been invaluable,” he said.

“I couldn’t imagine finding another opportunity

to get this experience as a young lawyer.”

fIRST RoW (LEfT To RIGHT): BRUCE JoHnSon AnD RoCKy WHITE

SEConD RoW: GRAnT RAfTER, AnDREW VAnWInKLE,

CHRISTInA HSIAnG, AnD PRof. CoVInGTon

THIRD RoW: JoSH HAnSEn KInG, ToDD WILDERMUTH

(SCHoLAR-In-RESIDEnCE), ALEC PAxTon, AnD BInG LIAnG

11

12

Carol Ful ler ’54

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“How can I make your job easier?” were the

first words Carol fuller ’54 said when asked for

an interview about her career as a judge. This

question was not empty; clearly it had been

said hundreds, if not thousands, of times before

and she meant it.

As the first woman judge in the state of

Washington outside of King County, fuller had

few role models. Therefore, whether it was

intentional or not, she blazed a trail for all women

judges who came after her. Her daughter-in-law

Leo fuller ’84 is betting that it was deliberate.

“Carol has never forgotten the challenges

encountered by a trailblazer,” Leo fuller explains.

“However, the experience never hardened her.

Carol is a relentless optimist and, in this way, has

inspired others notwithstanding how hard it was

to achieve what she did.”

Judge fuller of the Thurston County Superior

Court was appointed by former Governor Dixie

Lee Ray in 1979 after five years on the bench in

Mason County as a District Court judge. After

receiving this appointment, she went on to win

a landslide victory in the Thurston and Mason

County general elections.

In 1981, Ken Walz, an attorney in Tumwater,

Washington, wrote of Judge fuller in the

Washington State Bar News, “As women attorneys

continue their advancement in the legal profession,

let’s not forget those who led the way.”

Then on february 9, 1989 Judge fuller was

recognized during the 10th anniversary dinner

of the northwest Women’s Law Center (now

Legal Voices) at the Seattle Sheraton. Judge

fuller received an award for her outstanding

contribution in advancing the legal rights of

women in the northwest. nearly 1,300 people

attended and author/activist Gloria Steinem

was the featured speaker.

“I’d describe Carol’s style as ‘mentoring on steroids’,” daughter-in-law

Leonor (Leo) Ful ler ’84 said. “So many of the women judges

in Washington state were her mentees. Almost every female judge

in the state knows who she is.”

Mentoring Maven

14

Carol fuller began her journey to becoming a

ground-breaking judge and mentor when she

entered law school in 1951 on the advice of a

junior college teacher who said that women

“should have good work to do.” While there

were four women in her class, three graduated

and only two of those passed the bar exam.

In law school, Judge fuller enjoyed the challenge

of the material.

“There was so much to learn,” she said. “I was

devoted to learning the law and to learning how

to practice the law.”

She also met her husband Herb during the first

month of law school. They met in Contracts class

and married in 1954.

After graduation, the fullers moved to france

where Herb fuller served in the U.S. military for

five years. They then returned to olympia. In

1969, at the age of 39, Judge fuller felt that their

family was “stable enough” for her to resume

her law career. Their youngest daughter was

9-years-old and although Judge fuller had not

worked since graduation, she took a job with

Legal Services in Tacoma. In 1971 she joined her

husband in his private practice.

Recently retired Judge Christine Pomeroy was

in the fifth grade when she met Carol fuller.

“Somebody told me she was a lawyer,” Pomeroy

said. “That really impressed me. I didn’t think

women could be lawyers so I asked her. She

replied ‘yes, dear, they can be.’”

Inspired by Judge fuller, Pomeroy attended law

school. After graduation, Judge fuller mentored

Pomeroy and the young lawyer practiced in front

of Judge fuller for 15 years before being elected

to take fuller’s position on the bench, an honor

not lost on Pomeroy.

Pomeroy said the most important lesson Judge

fuller taught her was “civility.”

“In family Court, Carol always suggested

settlement,” Pomeroy said. “She would say, ‘Let’s

have a cup of tea’ and both sides would sit down

to talk. Everyone was happy with the settlement.

It taught me that it didn’t matter what happened

– just focus on what you want to get across to

the judge, focus on your role to advocate and to

inform. She also gave me good advice when

I became a judge. She taught me how to get

along with people, how to be gracious. She’d tell

me to really look at the person in front of you.

Make them feel at ease.”

Pomeroy said Judge fuller’s graciousness

extended far beyond the courtroom.

“She would ask ‘How are you?’ of everyone she

met,” Pomeroy said. “She’d be interested in your

case, your children. She would take your hand

and hold it a minute or two.”

Judge Lisa Sutton met Judge fuller through her

mother-in-law, Mary Stuart Lux. According to

Judge Sutton, then-Representative Mary Stuart

Lux and Judge fuller were among the first women

in politics in Thurston County. A number of years

later, in 1984, Sutton, a law student at the time,

applied for and was accepted for an internship at

the Thurston County Supreme Court. Judge

fuller hired her and also served as her supervisor.

A lifetime friendship ensued.

Sutton, like Pomeroy and many other women

law professionals in Thurston County, consider

Judge fuller a mentor and friend.

“As a judge and as a person, Carol was humble,

compassionate and always wanted to resolve

everything,” Sutton said. “Carol promoted

alternative dispute resolution well before that

concept was used as it now is.”

Sutton recalls the graciousness of Judge

fuller during her first court hearing as a new

assistant attorney general practicing in front

of Judge fuller.

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“She asked me and the opposing attorney if

we had discussed resolving the case,” Sutton

said. “We had not, so she asked us to meet

in her chambers where we had a cup of tea

and talked about how to obtain a mutually

agreeable settlement.”

Chief Justice (Ret.) Gerry Alexander ’64 lived

in the same neighborhood as Judge fuller.

“I always admired her,” Alexander said. “It was

tough on her at first, being the only woman judge,

but she never showed it. It didn’t seem to get

under her skin.”

After seeing a documentary on women in the

legislature in the late 1980s, fuller was inspired

to create a video recording on the history

of women judges in Washington state. The

northwest Women’s Law Center agreed to

produce the film with the help of Susan Starbuck.

In classic “Carol” fashion, Judge fuller gives

Starbuck all the credit for the award-winning film.

“Susan had the energy, intelligence and

fundraising abilities,” she said.

Before retiring from Superior Court in 1993,

Judge fuller presided over thousands of

important cases including the overcrowding of

Echo Glen Children’s Center near Snoqualmie,

the ruling on tax exemptions relating to heart-

lung machines and hearing aids, the halting of

logging in Snohomish County, and cases involving

fish trafficking. But when asked about her most

important or significant cases, Judge fuller said

she considers every case to be significant.

“If I put myself on the other side of the bench,

I can only feel that every case is important,”

she said. “Especially in family law. I know how

important a judge’s decision is to the family.”

Although Judge fuller retired from the bench

in 1993, she returned to her husband’s firm

fuller & fuller, a regional law firm emphasizing

accident/injury law and medical malpractice

law. The fullers have always emphasized

the importance of family. Also practicing at

the firm are their son, Jay, daughters Marya ’85

and nina and their daughter-in-law Leo.

The firm is currently celebrating its 40th year.

Grandson Evan Fuller ’14 is now at the UW

School of Law, class of 2014. “She is incredibly

humble. Her calm, peaceful, insightful nature

teaches me never to make assumptions about

other people,” Evan said. “She has laid a solid

moral foundation for our family.”

“As a judge and as a person, Carol was humble, compassionate and always

wanted to resolve everything,Carol promoted alternative dispute resolution

wel l before that concept was used as it now is.”

Judge Lisa Sutton

CARoL fULLER AnD MARy STUART LUx

16

Plummer Lott ’74

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from 1995 to 2003, Lott served as Supreme

Court Justice Criminal Term and has presided

over some of the most highly publicized

and intricate criminal trials in Kings County,

new york. These trials involved multiple

occurrences, defendants and juries, including

two unprecedented three-jury trials. In 2002, he

became the first and only judge in the state of

new york to preside over a trial involving three

separate juries. The People of the State of New

York v. Mark Rushion, Samson Nylander and

Mavis Brown involved two men and a woman

charged with robbing and killing a 17-year-old

pizza deliveryman. He also presided over a

second three-jury trial as judge for The People

of the State of New York v. Dexter Bostic,

Robert Ellis and Lee Woods, a case charging

three men in the shooting of two Brooklyn

police officers, one fatally.

Born and raised in Jackson, Mississippi, Lott

received numerous basketball scholarships to

colleges across the country. His mother wanted

him to stay close to home, but like most teenage

boys, Lott wondered “how far away can I go?”

He chose to attend Seattle University.

While at Seattle U., Lott had a marginal college

basketball career and a less than stunning pro

career. “But because of the influence of my

parents, I entered college with the knowledge that

basketball, at best, should be a means to an end

and not an end in itself,” Lott said.

After college, Lott worked at Allstate Insurance

along with his good friend and law school

classmate Fred Bonner ‘74, now a Seattle

Municipal Court Judge.

Meeting Plummer Lott, Associate Justice of the Appel late Division,

Second Department of the New York Supreme Court, for the first time,

it’s easy to bel ieve that the original 1967 Seattle Supersonics drafted him in the fifth round of the NBA draft. It’s also easy to bel ieve that his statuesque appearance commands respect in the courtroom.

FromCourtto Court

18

SEATTLE SonICS PLAyERS THoRn, HAzzARD, KRon AnD LoTT

APRIL 4, 1969 — SEaTTLE TIMES

Bonner remembers his friend, “We were both

claims adjusters, handling personal injury claims

and we thought ‘we can do better than this’ so

we decided to go to law school.” In 1970 they

took the LSAT together and entered UW Law in

September of 1971.

of his law school days, Lott specifically remembers

Professor Harry Cross’ property law class. “I’m

not saying that law school was not a wonderful

experience – this class was difficult.” He added,

“An area of law to avoid for me.”

“Plummer wanted to be a tax attorney,” adds

Bonner, “he took all the tax classes and went to nyU

law school for a graduate degree in tax. But it was

our summers that solidified our future careers.

“In the summer of 1973, we worked at the

Seattle Corporation Counsel office which is

now the Seattle City Attorney’s office. The

following summer we both went to the King

County Prosecutor’s office and worked under

Christopher Bailey.”

Another classmate, Susan Sampson ’74,

remembers “we were just entering the time of

waffle stompers and hippie clothing, but Lott was

always impeccably groomed. He said at one time

that he was happy to be out of professional sports

because he didn’t like to sweat.”

This January, at his office in new york State’s

largest courthouse on Jay Street in Brooklyn,

Judge Lott appeared as if he has never sweated –

at least not over his career. Lott described his first

job as editor at the Matthew Bender Company in

new york and as Queens County Assistant District

Attorney in 1978. In 1981, Lott joined the new york

City Human Resources Administration (HRA) as

Assistant General Counsel. “In the DA’s office the

volume of work was demanding but the variety

of cases were not challenging. I did not find the

variety of work I preferred,” Lott elaborated.

“But when I was at the Human Resources

Administration I found I liked the change,” but

he added “I did no trial work, all supervisory.”

Lott supervised over 50 attorneys citywide and

was responsible for litigating neglect cases in

the new york City family Court System.

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In 1983, Lott became a criminal defense lawyer.

one of his most notable cases included the

representation of Darren norman who was

convicted of slashing the face of a model,

Marla Hanson.

Lott became a judge at the new york City

Criminal Court in 1991. He served as the judge in

the case of the People of the State of New York

v. David Hampton. This famous case involved

David Hampton, a con man who posed as the

actor Sidney Poitier’s son and persuaded a group

of wealthy Manhattanites to give him money.

Hampton’s exploits were the basis for a play and

later the movie Six Degrees of Separation.

In 1995, the Honorable Plummer Lott took office

on the Supreme Court of the State of new york

in Kings County, where he served in the Criminal

Term until his appointment to the Appellate

Division in 2009 by Governor David Paterson.

As a trial judge from 1995 to 2009, Lott enjoyed

an excellent reputation as a knowledgeable and

productive judge with a tremendous work ethic.

He made judicial decisions based on the facts

and understanding of relevant law and had the

courage and intellectual capability to stand by

those decisions.

“Throughout my career as a trial judge, I was

willing to challenge myself with complex legal

issues and enjoyed competently and expeditiously

resolving those issues without sacrificing fairness

to either side,” said Lott. “That’s why I welcomed

trials involving multiple occurrences, multiple

defendants and multiple juries, including the two

unprecedented three-jury trials.”

Lott knew that handling the three-jury trial was the

most economical and efficient way to handle the

cases. He elaborated, “The benefit was to lessen

the impact on civilian witnesses and maximize the

efficiency of the Court. you are able to bring in

witnesses once instead of inconveniencing them

more than once. Presiding over several separate

trials involving same defendants with the same

witnesses unnecessarily clogs up an already

backlogged system.”

of his time as a trial judge Lott reflects:

I enjoyed my time but I had a strong

desire to seek out new intellectual

challenges in the profession and to

expand my range of legal abilities into

areas of law beyond simply hearing

witnesses and viewing evidence.

That’s why I accepted the appointment

to the Appellate Division.

Appellate work for someone who has

essentially been a trial judge is one of

studied reflection. There are no trials

being conducted, no witnesses and the

exhibits, if any, are those admitted at

trial. However, unlike a trial judge who

is often required to make an immediate

decision, appellate decisions must be

based upon a review of the written

record below and the argument of

counsel. Also an appellate justice

whether he is the reporting justice or just

a member of the panel, has the benefit

of a bench memo which recommends a

course of action and the discussions of

his colleagues.

While I readily admit that I perhaps did

not become the professional basketball

player I wanted to, when I end my judicial

career I will be satisfied with what I have

done, and leave it to others to complete

what I failed to do.

no one who knows or works with Judge Lott

will think he has failed. According to his

assistant Julie DiPalma, Lott treats everyone

fairly and equitably. She wrote, “He is

approachable, he is compassionate and he

has been, if anything, a blessing in my life.

He has taught me how to look at life in a

different perspective and I admire him for it.”

20

Wm. Fremming

Nielsen ’63

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“This is a volunteer program,” explains

nielsen. “Participants are recommended

by their probation officer. The program

includes treatment and counseling. They

have to be in it for the one year. There is

recognition for those who are doing well

and who graudate if they stay clean and

sober for at least six months.“

As a judge, nielsen has seen it all. But it

moves him when he witnesses the success of

STEP participants, especially since he knows

that many of them have “never in their lives

been told they’ve done something right.”

As he is describing the STEP program in

detail, it’s clear that Judge nielsen has a lot of

heart. This die-hard Husky fan is also known

for directness on the bench, his insistence

on letting the lawyers try their cases, his

impatience with lawyers who ask for delays and

his respect for the jury’s time.

King County Council Member Bob ferguson

worked as a law clerk to Chief Judge nielsen

in 1995-1996. “It was the ideal way to start

my legal career. It was clear that the legal

community held him in high opinion as a lawyer

and as a judge. During jury trials he ran a tight

I n 1995, Wm. Fremming Nielsen was appointed as chief judge and

after eight years assumed senior status for the U.S. District Court,

Eastern District of Washington. His career spans an impressive

(almost) 50 years. Yet he prefers to discuss his recent involvement

(and most rewarding) in The Sobriety Treatment and Education

Program (STEP), a “re-entry program for individuals on federal

supervision who have substance addictions.” STEP’s mission is

to “identify high-risk, high-need persons under supervision, and uti l izing a col laborative justice model, conduct a program fol lowing

evidence based practices to faci l itate reentry of the person into the

community as a clean and sober, crime-free individual .”

Trains, Planes & Plaintiffs

22

ship,” says ferguson. “The respect for

Judge nielsen was profound. from the

Attorney General to the people you would

meet walking down the street at lunch

time, he greeted everyone and everyone

knew who he was.”

According to ferguson, nielsen worked very

closely with his law clerks. “I didn’t agree with

every decision but I respected the decisions

that made a difference in people’s lives.”

And football was a constant companion.

“It certainly was a daily topic,” said ferguson.

“Even during the off season, Judge nielsen

would leave notes on my chair about the

new recruits.”

nielsen also loves to fly and often flew his

private plane to yakima to hold court and to

games, both home and away, and he

was an active member of the Lawyer Pilot

Bar Association.

nielsen gained his flying experience in the

mid-to-late 50s when he served in the U.S.

Air force as a first Lieutenant flying C47s in

Iceland along the Distant Early Warning Line,

a system of radar stations in the far northern

Arctic region of Canada, extending eastward

into Iceland.

Returning from active duty, he attended law

school which he described as a “terrifying

experience.” nielsen reminisced, “I was

working hard and running scared. I ran

scared in Warren Shattuck’s class and had

nothing but respect for Harry Cross and John

Richards classes. And the attrition rate was

very high. out of 153 students we knew that

half would not make it through the first year.

And only 75 of us graduated.”

After graduating law school, nielsen realized

how much he appreciated the training he

received. “It was a training of the mind. It

required a high level of mental discipline and

it instilled in me a strong feeling of ethical

responsibility.”

He clerked for the Honorable Charles L.

Powell, U.S. District Court, Eastern District of

Washington from 1963 to 1964. Working with

the federal judiciary prepared nielsen to go

into private practice, specifically in the area

of civil litigation. In 1964 he joined the firm

Paine, Hamblen, Coffin, Brooke & Miller in

Spokane, Washington.

His former law school classmate David

Broom ’63 said, “nielsen changed my life.”

nielsen was a young and prominent attorney

in Spokane when he brought Broom into the

firm in 1972. At that time nielsen was already

a partner. “He threw me in the deep end. It

was a challenge but most of the time I came

out without drowning,” joked Broom.

Known for representing the railroads,

specifically Union Pacific Railroad and

Burlington, nielsen defended his clients in

cases involving railroad crossings and federal

Employee Liability Act (fELA) claims. “He was

After graduating law school, Nielsen real ized how much he appreciated

the training he received. “ I t was a training of the mind. It required a

high level of mental discipl ine and it insti l led in me a strong feel ing of

ethical responsibi l ity.”

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exceptionally brilliant,” noted Broom. “nobody

could get to the heart of the matter as quickly or

had more common sense than nielsen. It seemed

to come naturally to him.”

In 1991 nielsen was nominated by President

George H.W. Bush to a seat vacated by U.S.

federal Judge Robert J. Mcnichols. He was

confirmed by the U.S. Senate in May of that year.

He served as chief judge from 1995 to 2000 and

assumed senior status on May 30, 2003.

As a federal judge, nielsen has presided over

some high profile cases including Grady auvil, et

al., vs. CBS “60 Minutes,” et al. on September 14,

1993, the New York Times reported:

A federal judge today dismissed a lawsuit that apple growers in Washington State filed against CBS after “60 Minutes” broadcast a report linking the chemical Alar to cancer.

The report, broadcast Feb. 26, 1989, said the use of Alar increased the risk of cancer in humans, particularly children, and cited a study by the Natural Resources Defense Council.

But Judge William Fremming Nielsen of Federal District Court ruled that the apple growers had not proved their case.

He is currently serving as the judge in the

Hanford downwinders case. nielsen hosts

regular status conferences (every six weeks)

on the then 20-year-old suit that he was

assigned when the former judge recused

himself. “This case has been caught dead

center for too long,” nielsen has told the

attorneys for the government contractors.

“Let’s come up with something so we can

proceed. I have several trial tracks and

mediation tracks set.”

nielsen implores the attorneys to continue to

work together. A KoMo news report from

April 22, 2009 quoted nielsen as saying:

“We are trying to work toward a sensible way

to resolve all these cases,” nielsen said.

“It’s good for you, your clients and the public

to see this thing through.”

There are about 1,100 plantiffs remaining.

fREM & MARTA nIELSEn WITH DEAn TESTy

24

Marco Hernandez ’86

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Marco Hernandez ’86

Born in nogales, Arizona and raised in the Los

Angeles area, Hernandez had no specific career

goals growing up. When he graduated high school

at age 17, he moved to oregon simply because he

had a friend there and was anxious to move out of

Southern California.

“It was the late ’70s. I wasn’t thinking about

college. I was happy washing dishes and hanging

out,” recalls Hernandez.

A janitorial job possibility at Tektronix led him on

a bus ride from his home in Hillsboro, oregon to

the company headquarters in Beaverton. After

the interview, he decided to hitchhike back home.

An employee of the Hillsboro School District,

Janet freeman, saw Hernandez and picked him

up. When Hernandez told freeman he was

looking for a job, she told him of a non-profit in

Cornelius called Central Cultural that was looking

for a grant writer. Hernandez let her know that

he only had a high school diploma but freeman

drove him there anyway.

Hernandez did not land the grant-writing job

but he was hired as the night janitor at Tektronix

and spent his free time volunteering at Central

Cultural. After a few months he was asked to

start an after-school program. He had no idea

where to begin so he went looking for freeman,

remembering only that her first name was Janet

and that she worked at Hillsboro High School.

He found her and coincidentally the high school

was looking for an instructional aide for its migrant

program. Hernandez took the job – a job that paid

less than the janitor position he held.

“I was getting paid to help people and it was

really a lot of fun,” remembers Hernandez. “I

visited labor camps and worked with families to

help with their children’s success in school.”

A series of promotions left him “way over his

head.” He was encouraged to take night classes at

Portland Community College and some in-service

training programs which led him to oregon College

of Education (now Western oregon University).

The journey for Marco Hernandez from dishwasher

to federal d istrict judge began on the road– l i teral ly.

And it was a road fi l led with potholes.

On the Road Again

PHoTo CREDIT: ALICIA HERnAnDEz

26

In 1980 Hernandez quit his job and enrolled in

college. After graduating with a degree in social

sciences, Hernandez knew he wanted to go to law

school and get back to working with farm laborers.

But law school was not easy and he questioned

its worth. “It was very stressful. But I recall how

fair the professors were and how they treated

the students professionally,” Hernandez said. “I

remember all the people who went out of their

way to help the students. But even so, towards the

end of law school, I dropped out. I went to Mexico

and cried. Eventually I decided to return. Back

on campus I walked into the cafeteria and all my

friends started applauding. ”

UW Law Professor Bob Gomulkiewicz ’87,

faculty Director of the Law, Technology & Arts

Group lived with Hernandez during his law

school years. “Hernandez is one of the most

helpful people that I have ever known. When

he is passionate about something, he is a doer.

for example, even after he had left his summer

job working for Legal Aid, some of his farm worker

clients would call him. often they were trying to

get back wages from farmers. He cared so much

that he would talk with them on the phone for as

long as it took to help them solve their problems.

That’s classic Hernandez.”

Professor Gomulkiewicz described Hernandez’s

sense of humor which is part of his basic

philosophy of not taking life too seriously. “When

I went to Marco’s installation as a federal judge,”

says Gomulkiewicz, “I was really fortunate to

be seated with his family. The ceremony is very

formal, with U.S. Senators and many federal

judges in attendance. When the ceremony was

over, all the members of Marco’s family put

on Groucho Marx glasses, the ones with the

moustache. It was hysterical. Apparently this is a

family joke that Hernandez initiated years ago at

somebody’s wedding. It is just classic Marco.

“Another one of my favorite memories is of Marco

the wise judge,” continues Gomulkiewicz. “I was

in Portland and had the opportunity to watch him

in state court sentencing convicted criminals. I

was impressed at the masterful way he handled

all the sentencings, especially his understanding

of human nature. He had such great insights

into people and what motivates them. Some

people would receive a very stern lecture and

a long sentence. other people, he realized,

needed mercy. They didn’t need the stern

lecture or the long sentence. They needed some

encouragement or re-direction.

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“And then something else happened that day

to demonstrate that he is calm and a quick

thinker. one of the people he was sentencing

was a woman and her family and friends were

sitting by me in the gallery. And at one point

I saw Marco look out into the gallery. He

whispered something to the clerk and then the

clerk got on the phone. The next thing I knew

the sheriff came into the court room and put

a man near me in handcuffs. It turns out that

the man was the defendant’s boyfriend and

Marco had issued a no contact order against

him. He was not supposed to be anywhere

near her, let alone in the courthouse. So Marco

had the presence of mind to remember the

no contact order and to call the police, all the

while continuing the sentencing process without

a hitch. Again this was another classic Marco

moment. Just very calm, very perceptive, aware

of what is going on, able to do the wise thing

under the circumstances.”

one can assume that it was Hernandez’s sense

of humor and his calmness that kept his spirits

high during his three nominations to become

a U.S. district court judge. This journey started

when he graduated law school and moved

back to oregon to work with oregon Legal

Services on behalf of farm workers in 1986.

In 1989, he became a Deputy District Attorney

in Washington County, oregon followed by

District Court Judge in 1995, and Circuit Court

Judge in 1998.

on february 7, 2011, Hernandez was confirmed

as a U.S. district court judge by the Senate. He

was first nominated in 2008 by President George

W. Bush after earning endorsements from then-

Republican Senator Gordon Smith and Democrat

Senator Ron Wyden.

oregonLive.com reported that “despite bipartisan

support, the Senate failed to act on his nomination

as the chamber became paralyzed by partisan

warfare. That circumstance stalled action on

hundreds of nominations. Wyden urged President

Barack obama to re-nominate Hernandez and the

president did” — in July 2010.

The article goes on to say “But that effort failed

too as Congress adjourned without action.”

Hernandez was nominated a third time on

January 5, 2011, but he says that the delays in his

confirmation were not a political standoff. Instead

they were an issue of timing. He believes that

being nominated by two different presidents from

two different parties is “pretty lucky.”

He now has the freedom of independence since

a federal judgeship is a lifetime appointment and

he will never have to seek re-appointment

or re-election again. Although the road to this

“job for life” was filled with potholes, the road has

now been repaved, smoothing the way for the

Honorable Marco Hernandez to fully serve the

American people.

PHoTo CREDIT: CHAD TUCKER

2828

CAMPUS MAP

RemembVIEW fRoM ConDon HALL

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Rememb er when…by Theresa Chemnick

The political turmoil spreading across America

was on the verge of invading the University of

Washington campus in 1969 when Vickie Moor

and Vickie Northington joined librarian Reba

Turnquist on the Law Library staff. Meanwhile,

excitement was brewing over a new building that

promised a modern, light-filled library and plenty

of space for a thriving law school. We recently

spoke with these three women about the Law

Library, the School of Law and the University of

Washington campus during that time of change.

Moor was hired as secretary to Viola Bird,

associate law librarian under law librarian and

professor Marian Gould Gallagher. She later

became Mrs. Gallagher’s secretary. Then, under

Associate Dean Penny Hazelton, Moor was

promoted to head of administrative services.

She retired in 1999. Northington was hired as a

library assistant, and is now library supervisor in

the circulation department. Turnquist joined the

staff in 1958, and has spent the past 39 years in

acquisitions and collection development.

The last five years (1969-1974) in “Old Condon

Hall” (now Gowen Hall) were marked by transition

in the law school and unrest on campus. The

1969 UW Law graduating class included eight

women and 119 men (all Caucasian). By 1972,

effects of civil rights laws, affirmative action and

feminism began a trend of increasing diversity

in the law school that has continued ever since.

Many demonstrations began in the Liberal

Arts Quadrangle, now known as the Quad.

Turnquist could hear them through her window

and from other library workspaces. Old Condon

Hall formed the middle of an axis between the

political science library and the main library, which

facilitated student/faculty interaction about the

controversial issues of the day. A second axis

through old Condon Hall ran between the HUB

and the Commons and facilitated food/tastebud

interaction—both the wide selection at the HUB,

and delicious daily fare at the Commons (the

source for “the daily cookie run,” home of the

Home Economics department, and later named

Raitt Hall). It felt like Condon Hall was in the middle

of everything important.

The central location meant student protests

were on the doorstep of old Condon Hall. In

June 1969, only a few hundred yards separated

the bombed UW administration building and

Condon Hall. In March 1970, 200 Seattle and King

County police officers occupied UW buildings

after demonstrations had disrupted classes and

injured 17 people. On May 5, 1970, 7,000 student

protesters gathered on campus after four Kent

State students were killed by National Guard

…campuS poLice wore FuLL riot Gear?

30

troops. The UW demonstrators took their march

onto I-5, blocking the freeway in both directions

for half an hour. They gathered again 8,500

strong the next day, and marched through

Montlake and the Central Area to City Hall.

On her way to work, Moor saw campus police

near the HUB in full riot gear, stomping as they

marched in two-by-two formation.

The chaos didn’t spread to the interior of the

law library, however. The Reading Room was on

the third floor, and maybe more importantly,

full of men. This may have intimidated would-be

rioters. The library staff were left to deal with

their individual reactions to events. Turnquist was

angered by class disruptions and destruction.

Moor said she wasn’t afraid, and in fact it

felt thrilling to see history unfold first-hand.

Northington describes being in her own world

and not letting things bother her. Feelings were

complicated. For example, Moor remembers that

even though she may have agreed with anti-war

demonstrators in principle, she also wanted to be

supportive of her close relatives who had served

in WWII and in Korea.

In contrast to the tumult outside, the environment

in the law library was supportive of staff, and they

were permitted to participate as they wished.

There was hesitation, though, due to fear of

FBI prosecution. When protesters entered the

adjacent Political Science Library and poured ink

into the cards in the circulation bin on February

13, 1969, law library staff got the word to go home

before problems started or stay until after the

fray had subsided.

How could the law library be impervious to the

unrest outside? The three staffers credit Marian

Gould Gallagher and Viola Bird with fostering

unity and safety by demonstrating respect and

appreciation. The staff came to work every day

knowing that their job was to provide excellent

service to library patrons, and that is what they

did. In cultivating a sense of family, Gallagher and

Bird made it clear that every task that contributes

to the library’s service to its patrons is important,

whether delivering a book to a faculty office,

sorting the mail, answering a reference question

or writing a call number on a book spine. All staff

shared certain duties, such as taking shifts at the

Circulation Desk, doing stints at kitchen duty and

assembling the weekly Current Index to Legal

Periodicals (CILP). As chair of the new law school

building committee, Gallagher sought staff input

about the new building, valuing opinions about

placement of circulation and reserve, looseleaf

filers and lockers. She maintained strong systems

that adapted to new technology and facility

changes smoothly.

The School of Law and its library had been

housed in old Condon Hall since 1933, and there

were practical problems: the collection was

spread out on several floors in many locations,

some areas locked and only accessible by library

staff. Books had to be requested on slips of

paper submitted to the Circulation Desk, and

could only be retrieved while lectures were in

session because during breaks student traffic

on the stair landings would block the book

trucks. Accessing books stored in the attached

Smith Hall meant pushing heavy wooden book

trucks up steep ramps between the buildings.

Another issue was the rat-friendly environment.

The critters would climb on the ivy and into any

windows that had been cracked open. Their

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discriminating taste favored the glue in the book

bindings, especially the bound Congressional

Hearings, and in particular the Sugar Acts. After

several extermination attempts, it was time for a

notice in the communication vehicle of the day,

the Otis elevator bulletin board. The posting

instructed occupants to close windows tight and

shut all doors when they left for the day. The next

morning there was an unexpected note posted in

response: You’ll never get me! Signed, Ratty.

During this period, optimism flourished for

the School of Law’s new home. Unfortunately

the “golden period of new resources and

development” was over, as law school Dean

Richard S.L. Roddis (’70-’78) wrote in his

recollections. New economic realities meant

they “kept paring features out of the building.”

These same tough times were reflected in the

now-iconic billboard of April 1971 that was posted

after Boeing cut more than 60,000 jobs and

unemployment grew to more than double the

national average to 13 percent. It said “Will the

last person leaving Seattle – Turn out the lights.”

New Condon went from a planned two-building

complex, “with dormitories and so on, to a

basic $5 million bunker,” said Moor. Despite this

contraction, the home of the UW School of Law

from 1974 to 2003 still had award-winning features

that the law school community and outside

patrons prized, such as the Reading Room filled

with natural light and the concrete sunscreens

named for the building’s architect, Giurgola,

that shielded the offices from the harsh southern

sunlight without blocking the view.

The library catalog was going through its own

transition during these years, from cards to the

addition of microfiche. By the time of the move in

1974, 20 microfiche readers were installed in New

Condon Hall on Northeast Campus Parkway, each

with its own fiche catalog attached to its side,

complete with supplements about new materials.

Taking advantage of the technology allowed

patrons to find items in the library’s collection on

any of the eight floors of the building instead of

going to a single card catalog.

To Northington, Moor and Turnquist, the days

of old Condon seem like another world in a way.

But the closeness of staff and the dedication to

outstanding service instilled by Marian Gould

Gallagher and Viola Bird continues to this day.

Theresa Chemnick is the Assistant to the Associate Dean for Library and Computing Services.

32

& Faculty Firm

“Learn by doing” is Seattle attorney Steve Fury

and UW Law Professor and former Chair of UW

Undergraduate African Study Program Joel

Ngugi’s motto when they teach trial advocacy

to lawyers in Africa.

In 2008, Ngugi and Fury assembled a team of

instructors to establish trial advocacy programs in

Kenya. Originally from Kenya, Ngugi is an expert in

the African judicial system. After graduating from

Harvard Law School, Ngugi practiced law for three

years in Kenya. Ngugi’s idea was to send a team to

Africa for three years, until the programs became

self-sustaining.

In 2010, Fury and Ngugi co-founded Justice

Advocacy Africa (JAA) with Judge Marsha

Pechman. JAA works to encourage respect for

legal institutions and establish self-sustaining trial

advocacy programs for attorneys in Africa.

Fury said he is not surprised that the JAA

programs are successful.

“It works simply because of the method of instruc-

tion,” he said. “If you practice something, you will

get better at it, it’s straightforward and simple.”

Participants in the JAA programs get involved

with instructors and participate in discussions and

lessons that allow students to learn trial advocacy

by practicing it. Students practice statements and

witness examination skills using mock cases and

receive feedback from U.S. attorneys. The National

Institute of Trial Advocacy (NITA) pioneered this

method of instruction and it is the same method

employed in trial advocacy classes at UW Law.

UW Professor and Director of the UW Trial Advoca-

cy Program Maureen Howard met Fury when they

taught trial skills at a NITA’s Northwest Regional

Program. She said Fury’s methods were inspiring.

“He was so insightful in his teaching critiques,

so powerful in his delivery, and so masterful at

demonstrating alternative approaches to the skills

the participants were practicing,” she said.

Howard has collaborated with Fury and Ngugi

on several projects. Last March, UW Law, in

conjunction with JAA, invited African advocacy

teachers to the law school for Advocacy Teacher

Training. In August 2010, Howard also traveled to

Kenya to teach with Fury and Ngugi in the JAA

program at the University of Nairobi Kenya School

of Law. Howard and Ngugi have also collaborated

on developing UW Law’s first study-abroad

program, which will allow students to study trial

advocacy in Kenya over summer quarter.

“[Ngugi] consistently motivates me to bring my

‘best game’ to the law school community through

my service, teaching and scholarship by way of his

incomparable example across these three fronts,”

she said.

LEFT: STEvE FUrY AND MAUrEEN HOWArD

rIGHT: JOEL NGUGI

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JAA operates trial advocacy training programs in

Botswana, Kenya and Uganda. The organization

uses seasoned trial lawyers and advocacy coaches

from the U.S. to assist with training African lawyers

to carry on the programs.

As suggested, Fury and Ngugi plan to integrate

local African trainers into the JAA, in hopes that

after the JAA teams leave, their local partners

will continue their programs. Currently, the JAA

is affiliated with law societies in Botswana and

Uganda. The oldest human rights organization,

Kituo cha Sheria in Kenya and Kenya’s School of

Law are also partners.

Fury said the JAA programs aim to professionalize

the law environment in Africa, which faces issues

of corruption and crowded dockets. Many African

countries have legal systems that are based on the

British adversarial system, meaning trials include

direct examination, cross-examination and oral

argument. However, there are no jury-determined

cases. Instead, all cases are tried to a judge, who

also records official trial minutes by hand. Fury

said the handwritten records take more time

and hinder the speed of the trial. Furthermore,

although opening statements are allowed by

statute, they are an uncommon practice and are

subject to the discretion of the court.

“[JAA] is a grassroots effort to promote the notion

of professionalism and ethics,” Fury said, adding

that the programs train lawyers to present their

cases ethically and effectively without extra judicial

or personal influence, which are common.”

John Chigiti, a human rights attorney in Nairobi

said his experience at a JAA program changed

the way he practices law and made him a more

successful lawyer.

“Before the training, I used to argue my cases

without any organization or theme,” he said.

“I never understood why I lost good cases.

The training has given me the skills to prepare,

argue and win.”

Fury also said the JAA aims to help African citizens

trust their government by gaining respect for legal

institutions. To do so, the organization encourages

local lawyers to do pro bono work and advocate

for human rights.

“Having strong and respected legal institutions

is necessary for stability in a country and benefits

everyone,” he said.

For more information email JusticeAdvocacyAfrica@gmail.com or visit their Facebook page at www.facebook.com/JusticeAdvocacyAfrica.

34

The protections in the federal Bill of Rights are so familiar that we often refer to them

by number: “first amendment freedoms,” “taking the fifth,” and so on. But Washington’s

constitution also has important protections. Sometimes Washington’s Declaration of

Rights addresses topics that are also addressed by the federal Bill of Rights (for instance,

freedom of speech, religious freedom, and trial by jury). And sometimes there is no

federal parallel (e.g., recall of elected officials, crime victims’ rights, the right to K-12

education). Even when Washington’s provisions have federal counterparts, they can be

interpreted differently.

Twenty-five years ago Justice James A. Andersen

’51 set out six factors that lawyers should

brief when asking the courts to interpret the

Washington State Constitution to extend rights

more broadly than the federal constitution does.

State v. Gunwall, 106 Wn.2d 54, 61-62, 720

P.2d 708 (1986). The factors are: (1) the textual

language of the constitution; (2) textual differences

between the federal and state constitution; (3)

state constitutional and common law history; (4)

preexisting state law; (5) differences in structure

between the federal and state constitutions; and (6)

matters of particular state interest or local concern.

Clearly, it’s important to learn about the history of

our constitution. But unfortunately, no transcripts

of the 1889 constitutional convention exist. There

were stenographers there, but Congress didn’t

appropriate money to pay them, and their notes

are lost to history. The best way to learn about what

the delegates considered is to refer to The Journal

of the Washington State Constitutional Conven-

tion, 1889, edited by Beverly Paulik Rosenow

’63. This volume, published in 1962 and reprinted

in 1999, includes an analytical index, prepared by

Quentin Shipley Smith, that examines the constitu-

tion, section by section, printing each section, then

referring to the Journal (which is chronological) and

citing contemporary newspaper articles and later

secondary sources about the constitution. The work

of compiling the Journal was funded by the UW

School of Law and the History Department.

Retired Justice Robert F. Utter ’54 and Hugh

D. Spitzer ’74 wrote The Washington State

Constitution: A Reference Guide (2002), a book

that discusses each provision’s history and important

cases interpreting it. There are also a number of law

review articles about the use of state constitutions

generally and our constitution in particular.

for many years, Spitzer has taught a course in

Washington state constitutional law. (Although state

34

BringingWashingtonConstitutionalResearchtoYourComputer

By Mary Whisner

Books & Beyond

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constitutional law is important nationwide, ours is

one of the minority of law schools that offer such a

course regularly.)

Spitzer used to talk about the bind of a

practitioner in a small town, hundreds of miles

from a big law library: the state supreme court

says that lawyers should brief the history of

constitutional provisions and yet that small-town

lawyer wouldn’t have easy access to many of

the important sources, including the Journal,

unpublished theses, and articles only available in

large libraries. David Hancock ’09, a student in

the state constitutional law class, took up the call.

As editor-in-chief of the Washington Law Review,

he began a project to post materials online, of

acquiring digital versions of some of the historic

newspaper articles and scanning or locating

scans of other texts. After David’s graduation,

the project lay fallow for a while, until the law

library took it up in the summer of 2011.

now we have organized the digital materials

David gathered and added links to many more

sources from a central page, lib.law.washington.

edu/waconst.

now you can do a lot of state constitutional re-

search online, starting from our web page. Rose-

now’s Journal of the Washington State Constitu-

tional Convention is in PDf so you can download

it to your own computer – you can even search it

(e.g., search for “railroads” or “religion”). Con-

temporary newspaper articles are there, so you

can read the original coverage of the convention.

There are links to other states’ constitutions that

influenced the Washington drafters (they didn’t

start from scratch!). There are links to dozens of

law review articles discussing the constitution,

as well as some articles from history journals

that you might not think to look for otherwise.

you can read the unpublished history theses by

Wilfred J. Airey (a History of the Constitution and

Government of Washington Territory, 1945) and

James L. fitts (The Washington Constitutional

Convention of 1889, 1951). A separate page lists

the constitutional amendments (we’ve had 106 so

far), with links to the voters’ guides from when the

amendments were proposed. Because it was so

influential in Washington, we even have a page

for the oregon constitution.

Students in Spitzer’s fall quarter class had all

of these documents at their fingertips via their

laptops, instead of having to share a few paper

copies. In november, a brief to the Washington

State supreme court cited our website. As word

gets out, we think this collection will become a

valued resource for judges and attorneys around

the state.

Mary Whisner has worked in the Reference

Department of the Marian Gould Gallagher Law

Library since 1988.

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Indian Law Conference September 8, 2011

The 24th Annual University of Washington Indian Law Symposium was dedicated to David H. Getches, late dean

of the University of Colorado School of Law and founding director of the Native American rights Fund. Deputy

for the U.S. Department of Interior’s Solicitor for Indian Affairs, Patrice Kunesh presented the keynote speech.

in the Spotlight

1 InDIAn LAW GEnERAL CoUnSEL AT THE offICE of GEnERAL STEVE SUAGEE AnD foRMER GEnERAL CoUnSEL RUSS BUSCH foR THE LoWER ELWHA KLALLAM TRIBE In PoRT AnGELES

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2 InDIAn LAW DEPUTy foR THE U.S. DEPARTMEnT of InTERIoR’S SoLICIToR foR InDIAn AffAIRS AnD EVEnT KEynoTE SPEAKER PATRICE KUnESH

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4

Gallagher Society Dinner

October 11, 2011

The Marian Gould Gallagher Society

recognizes donors to the law library

who have reached lifetime giving

levels totaling or exceeding $15,000.

recognition of society members is

illustrated on the donor wall in the law

library, pictured right.

Reunion Day October 22, 2011

5 CLASS of ’61

6 BRUCE CoHoE ’61

7 HARDInG RoE ’61

in the Spotlight

8 9

3

3 ASSoCIATE DEAn PEnny HAzELTon WITH THE HICKMAn fAMILy AnD DEAn KELLyE TESTy

4 ASSoCIATE DEAn PEnny HAzELTon WITH DUnCAn & GISELLE MACfARLAnE AnD DEAn KELLyE TESTy

8 CLASS of ’81

9 CLASS of ’96

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Tacoma Alumni & Friends Reception

November 1, 2011

1 DEAn KELLyE TESTy WITH LInCoLn BEAUREGARD ‘02

2 JUDGE WALDo STonE ‘49

Gates Public Service Law

Program Speaker Series

November 15, 2011

Monica roa, Director, Gender Justice Program, Women’s Link Worldwide spoke at UW Law in the Gates Public Service Law Program Speaker Series. Her talk addressed the clash between long held societal norms and evolving rights frameworks in fighting the legal battle for reproductive justice in South America.

5 MonICA RoA SPEAKInG AT THE EVEnT

in the Spotlight

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3 4

Huskies vs. Oregon Tailgate in the Zone at Husky Stadium

November 5, 2011

3 PAUL CRISALLI AnD SHAnnon LAWLESS ’10

4 KInG CoUnTy ExECUTIVE DoW ConSTAnTInE ’88 AnD JoEL BEnoLIEL ‘71

Golden Alumni Reunion

Luncheon

December 2, 2011

6 C. HEnRy HECKEnDoRn ’48, JoHn DAVIS ’40, DEAn KELLyE TESTy AnD JACK MACDonALD ’40

7 JUDGE DonALD HALEy ‘58

8 Jon ‘54 AnD JoAnnE JonnSon

in the Spotlight

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in the Spotlight

King Lear Performed in Prof. Karen Boxx’s Transmission of Wealth Class

December 15, 2011

1 CHRISTInE MEyLInG ’12, GREG CHIARELLA ’12, AnD ELySE ABRAMSon ’12

Order of the Coif February 21, 2012

4 PRofESSoR ToM AnDREWS AnD JESSICA TSAo ‘11

5 DEAn KELLyE TESTy AnD JUDGE WILLIAM fLETCHER

6 UW LAW ASSISTAnT PRofESSoRS zAHR SAID AnD SAnnE KnUDSEn (fAR RIGHT) WITH CLASS of 2011 CHAPTER InITIATES fRoM LEfT To RIGHT JESSICA TSAo, DAnIEL STALLInGS, SARAH WASHBURn, JoRDAn TALGE, AUBRI GoLDSBy, ConnoR SHIVELy, KELLy SHERIDAn, ERICA KoSCHER AnD WILLIAM RICHARD. CHAPTER InITIATES noT PICTURED: M DUnnInG, CALE EHRLICH, WyATT GoLDInG, WILLIAM HEnRy, CAITLIn IMAKI, WILLIAM MILLER, ConnoR MoRAn, ADELLA THoMPSon AnD REBECCA WATSon.

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in the Spotlight

San Francisco Alumni & Friends Reception

January 19, 2012

2 CHARInA GARCIA ’97, RoxAnA REzAI ’10 AnD MALCoLM GoESCHI ’98

3 BUD WALSH ’70, ’71, JILL RoWE ’98, DEAn KELLyE TESTy AnD DEEP SEnGUPTA ‘01

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in actiona Law Degree

Growing up as a member of the Skokomish

Tribe in Shelton, Washington, Mary Pavel ’92

knew at an early age she wanted to give back

to her community.

Pavel’s parents encouraged her and her five older

siblings to pursue a university education. Her

mother was a nurse and the reservation’s local

medical leader and she paved the way for legal

action within the tribe.

“from a very early age, my mom helped build

my tribe’s governmental institutions, beginning

in 1963, when she was the tribe’s first judge to

handle matters and hold court hearings.”

for her undergraduate work, Pavel attended

Dartmouth College and majored in sociology.

She then spent a year as a paralegal at Sonosky,

Chambers, Sachse, Endreson & Perry, LLP, a

national law firm devoted to representing native

American interests, before starting law school

at the UW.

“Having the opportunity to work at the firm as

a paralegal was a terrific way to begin my legal

career,” she said. “I was able to see that practicing

law is really a team sport and that it takes all team

members, whether they are the Partner-in-Charge

or the secretary doing the edits, to create a terrific

work product that the firm can stand behind.”

mary paveL ’92 waShinGton, D.c.

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mary paveL ’92 waShinGton, D.c.

from trial and appellate litigation, to land

regulation and hunting and fishing rights, Sonosky,

Chambers, Sachse, Endreson & Perry, LLP is

considered the cutting-edge firm specializing in

the field of native American law.

Pavel returned to the firm each summer during law

school and upon graduating became an associate.

In 1999, she became a partner at the firm, making

her one of the first female Indian partners at a

national law firm. She said she feels lucky and is

humbled by this honor.

“There are Indian women everywhere in

America doing amazing and difficult things in

difficult situations who are working to make their

communities better. Working in an office every day is

easy compared to that,” she said.

While most lawyers do not stay at the same firm

for their entire career, Pavel said she is content

with working at Sonosky. She is passionate about

advocating for native American rights and the firm

provides her with the perfect platform to do so.

“I could never look a tribal leader in the face

and say ‘geez, I’m sorry there’s nothing I can do’,”

Pavel said. “It’s too close to my heart. I must

be an advocate.”

Within the firm, she leads projects on appropriations

matters, where she has successfully worked

with tribal clients to secure hundreds of millions

in funding for vitally needed projects such as

community roads, schools and hospitals.

Pavel also works on a number of national

initiatives including amendments to the federal

Unemployment Tax Act, which secured tribes’

parity to be treated as governments.

“Tribal government’s status as a government

should be fully recognized and embraced,”

she said.

Pavel has also had the opportunity to work

on some of the largest tribal settlements that

Congress has enacted, including the Colville

Tribes’ Grand Coulee Dam Settlement Act and the

Pueblo of Isleta Settlement and natural Resources

Restoration Act. In addition, Pavel was the lead

lobbyist on the fort Peck Reservation Rural Water

System Act, which authorized the construction and

operation of a $193 million domestic water system

to provide safe drinking water to the 30,000

residents of the fort Peck Indian Reservation and

surrounding communities. The facility will come

online this year, supplying a large portion of the

Reservation with drinkable water for the first time.

“That’s probably my greatest professional

accomplishment,” she said.

Reid Chambers is one of Pavel’s partners at

the firm. He said Pavel is heavily involved

in representing tribes before Congress on

legislation and before federal executive

agencies. She is widely regarded by tribes and by

her peers as one of the foremost legislative and

government relations specialists on Indian issues

in Washington D.C.

“Pavel is a uniquely qualified and passionately

committed advocate for Indian tribes and tribal

organizations,” he said. “She is a wonderful credit

to the late Professor Ralph Johnson who trained

her in Indian law and to the splendid mentoring

she received at our firm both by the late Marvin

Sonosky and by Douglas Endreson, both top

practitioners of Indian law.”

In addition to her work at the firm, Pavel is also the

founding President of the native American Bar

Association of Washington, D.C. and a founding

member of the northwest Indian Bar Association.

Pavel said the inspiration for starting the native

American Bar Association of Washington, D.C.

came from her peers.

“I am so proud to know the many native

attorneys and non-natives working on behalf of

Tribes and Indian people here in D.C. I remember

thinking that we should all get to know one

another,” she said.

yet, even with her demanding schedule, Pavel

returns home to Washington state regularly.

“I am always so happy to be home, I always say the

only thing wrong with Washington, D.C. is that it is

not home,” she said. “But thankfully, the non-stop

flights have me home in five hours.”

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Steven Kim ’00 SeattLe & South Korea

UW alumnus Steven Kim ‘00 has traded in

his King County Prosecuting Attorney’s office

badge for a one-year position as a visiting

law lecturer in Seoul, South Korea. Kim was

recruited by the South Korean government to

teach at the Ministry of Justice’s Legal Research

and Training Institute. His topic? The American

criminal justice system.

The South Korean government selected Kim

because of his jury trial expertise and extensive

criminal trial practice. A second generation

American, Kim speaks fluent Korean and is

grateful for being selected for the position.

“I felt honored and privileged to go back to

my own country of origin and give back what

I have learned in the U.S.,” Kim said.

Kim’s appointment is in anticipation of

the South Korean government potentially

changing their system. In 2008, South Korea

implemented “participatory trial” system

for certain categories of crimes to make its

criminal justice system more democratic.

This system is a hybrid of United States and

German practices, with some unique domestic

elements. In the current Korean system, jury

verdicts are mere recommendations for the

in actiona Law Degree

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Steven Kim ’00 SeattLe & South Korea

judges. This gives the judge the ultimate

say in determining the verdict and sentence

for the defendant; however, this system

has led to some controversy and change

is being discussed.

one of Kim’s roles as a law lecturer in South

Korea is to address the pros and cons of

juries. While he speaks at universities, he

mainly lectures to South Korean prosecutors,

government officials and lawyers. Although

Kim believes in the United States’ jury trial

system, he said he has doubts the Korean

system will change.

“There are a lot of citizens speaking out about

the lack of trust in the court system,” Kim said.

“A jury trial system might not fit Korea right

now, but it’ll be interesting to see how things

materialize politically over the next year here.”

While in Seoul, Kim is on temporary leave

from his position as the Senior Deputy

Prosecuting Attorney. In a King County

Prosecuting Attorney’s office press release,

Prosecuting Attorney Dan Satterberg ’85

said Kim is a natural fit for this position.

“He is bright, charismatic, and has excellent

trial skills,” he said. “He embodies an

important export for our country — our

system of justice... I have no doubt that he

will be a tremendous resource for Korean

prosecutors and the Korean government.”

Kim said he believes his education and

training at UW Law prepared him for

this venture.

“Simply promoting diversity in the law

school is a step in the right direction,” he said.

“I think UW is a step ahead at all times.”

The South Korean government is providing

Kim’s family with housing and a stipend for his

services. He moved to Seoul with his mother

and his three-year-old son, Hugo, while his

wife Lina, UW Dentistry ’03 stayed in Seattle

with their five-year-old daughter, Hailey.

“Korea’s been great, very cold, but great,”

Kim said. “My son, Hugo, likes it here, but

misses his mother at home.”

Although skeptical, Kim hopes South Korea

can effectively change to the United States’

jury trial system.

“It’s not a perfect system, but it’s the best in

the world,” he said. “I think everyone accused

of a crime should be tried by their peers [and]

your peers should determine if you deserve

punishment.”

STEVEn KIM WITH HIS BoSS KInG CoUnTy PRoSECUTInG

ATToRnEy DAn SATTERBERG

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KIMBERLY AMBROSE

NewsAmbrose was appointed as the Washington Defender Asso-ciation’s representative to the Washington State Joint Legislative Task force on Sealing Juvenile Records, August–December 2011.

Presentationsaddressing Race Bias and De-fender Practice, Second annual Conference on Public Defense, Seattle University School of Law, March 2012 (Seattle, WA)

Legal Pedagogy and Clinical Education Workshop, March 2012 (yogjakarta, Indonesia)

Panelist, Effective Faculty/Stu-dent Collaborations and Student Initiatives: Working Together to Enhance Students’ Professional Identity and Personal Integrity, Association of American Law Schools, Annual Meeting, Jan. 6, 2012 (Washington, DC)

recent FacuLty

newsThe advocacy of Inclusion: Beyond Cultural Competence, 15th Annual national Juvenile Defender Leadership Summit, oct. 2011 (Seattle, WA)

Panelist, Northwest Clinicians’ Involvement in the Global Clinical Law Movement, northwest Clinical Law Conference, oct. 2011 (Cannon Beach, oR)

HELEN ANDERSON

NewsAnderson was appointed as the Washington State Bar Association representative to the Advisory Committee of the State of Wash-ington office of Public Defense, January 2012.

PublicationsWashington appellate practice Deskbook (3d ed. Helen A. Ander-son contributor, Wash. St. B. Ass’n 2005 & Supp. 2011) 2 vols.

PresentationsTips for Successful appeals, northwest Justice Project, Dec. 15, 2011 (Seattle, WA)

ROBERT ANDERSON

NewsAnderson was selected by the American Law Institute to attend the March 29 meeting in Wash-ington, D.C. on Indian country criminal law and jurisdiction, tribal government authority and jurisdic-tion, tribal-state relations, and the federal-tribal trust relationship.

PresentationsNuts & Bolts of Washington Water Law, Center for Environmental Law & Policy, Washington Water Law & the Public Trust, Dec. 9, 2011 (Seattle, WA)

WILLIAM BAILEY

NewsBailey’s innovative communica-tion book, Show the Story: The Power of Visual advocacy, will be featured in the spring issue of Voir Dire, a national magazine of the American Board of Trial Advo-cates. Recently visual strategies outlined in the book helped a law-yer in Houston win a unanimous jury verdict of $20 million.

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PresentationsAmerican Bar Association, Litiga-tion Section, Winter Leadership Meeting, Jan. 2012 (Las Vegas, nV)

KAREN BOXX

PresentationsWashington Update, Portland Es-tate Planning Council, 41st Annual Estate Planning Seminar, feb. 3, 2012 (Portland, oR)

The 2011 Washington Trust act, South Sound Estate Planning Coun-cil, nov. 17, 2011 (olympia, WA)

The 2011 Washington Trust act: advanced Issues, Washington State Bar Association and Estate Planning Council of Seattle, 56th Annual Estate Planning Seminar, oct. 31, 2011 (Seattle, WA)

a Call for Standards: Overview of the Current Status and Need for Guardian Standards of Conduct and Codes of Ethics, national Guardianship network, Third na-tional Guardianship Summit, oct. 2011 (Salt Lake City, UT)

STEVE CALANDRILLO

PresentationsUtilizing Incentives to Spur Organ Donation in america, University of Washington School of Law, H510, Topics in Law and Medicine, Dec. 2011 (Seattle, WA)

Nontraditional applications of Law & Economics, Hillis Clark Martin & Peterson, Sept. 2011 (Seattle, WA)

RON COLLINS

PublicationRonald K.L. Collins, The Speech & Press Clauses of the First amendment, Del. laW., Winter 2011/2012, at 8-11.

MARY FAN

Newsfan was elected to the American Law Institute in february 2012.

PublicationsBeyond Budget-Cut Criminal Jus-tice, 90 n. carolina l. rev. 101-69 (2012).

Decentralizing STD Surveillance, 11 Yale J. health pol’Y l. & ethics 132-69 (2012).

Sex, Privacy and Public Health in a Casual Encounters Culture, 45 U.c. Davis l. rev. 531-96 (2011).

The Police Gamesmanship Di-lemma, 44 Uc Davis l. rev. 1407-85 (2011).

PresentationsBeyond Budget-Cut Criminal Justice:

Association of American Law Schools, Annual Meeting, Hot Topics Panel, Alternatives to Mass Incarceration: Taking Advantage of the Budget Crisis, Jan. 7, 2012 (Washington, DC)

American Bar Association Criminal Justice Section and Association of American Law Schools, Decar-ceration: Taking Advantage of the Budget Crisis, oct. 28, 2011 (Washington, DC)

JULIA GOLD

Gold was in Slovenia in octo-ber, teaching mediation at the University of Ljubljana, School of Law, as part of the University of Washington-University of Ljubljana exchange program.

ROBERT GOMULKIEWICZ

PublicationsXUan-thao n. ngUYen, robert W. gomUlkieWicz & Danielle m. conWaY, intellectUal propertY, softWare, anD information licensing: laW anD practice (Cum. Supp. 2011 BnA Books). 494 pages.

Enforcing Open Source Software Licenses: The MDY Trio’s Inconve-nient Complications, 14 Yale J. l. & tech. 106-37 (2011).

Intellectual Property, Innovation, and the Future: Toward a Better Model for Educating Leaders in Intellectual Property Law, 64 smU l. rev. 1161-86 (2011).

PresentationOpen Source Software: What’s Copyright Got to Do with It?, Uni-versity of Washington foster School of Business, Compliance and Legal Issues in Information Technology, feb. 2012 (Seattle, WA)

PENNY HAZELTON

NewsHazelton served on the American Bar Association Site Evaluation Team at Southern Methodist University in Dallas-fort Worth in february 2012.

Hazelton was on the faculty for the semi-annual Washington State Bar Association Readmission CLE pro-gram, doing a three-hour session on Legal Research and Writing in october 2011 and March 2012.

PresentationModerator and speaker, When Worlds Collide: Keeping the Planets aligned During Times of Opportunity and Change for Law Schools and Law Libraries, Association of American Law Schools, Annual Meeting, Jan. 7, 2012 (Washington, DC)

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MARY HOTCHKISS

NewsAfter a 12-year run, Hotchkiss stepped down as Editor-in-Chief of Perspectives: Teaching Legal Research & Writing. Since 1992, this Thomson Reuters journal has provided a forum for discussing the teaching of legal research and writing, with a focus on tools, techniques, and collaboration.

MAUREEN HOWARD

NewsHoward continues to write a regular column about trial advocacy for the Washington State Bar Association’s young Lawyers Division newsletter De Novo.

PublicationsSurviving (and Thriving in) the First Year of Trial Practice, Wash. st. bar neWs, Sept. 2011, at 36-37.

Revisiting Trial Basics Every Time: a Ritual for Success, 34 am. J. trial aDvoc. 335-75 (2011).

Presentationsa Rational Model for Effective Fact Investigation, U.S. Social Security Administration, nov. 15, 2011 (Philadelphia, PA)

Collaborative Case Theory Devel-opment, national Institute of Trial Advocacy, Sept. 22, 2011 (Co)

Expert Witness Examination at Trial, University of Washington Department of Genome Sciences, Sept. 8, 2011 (Seattle, WA)

The Care and Feeding of Expert Witnesses, The national Educa-tional Center, July 21, 2011 (Co)

a Functional Model of Negotia-tion, Manatt, Phelps & Phillips, July 20, 2011 (Los Angeles, CA)

Closing the Deal on Closing argument, U.S. Social Security Administration, June 21, 2011 (Baltimore, MD)

Crafting an Effective Direct Examination, U.S. Social Security Administration, June 15, 2011 (new york, ny)

Challenges Facing Our Profession, Stetson University College of Law, May 25, 2011 (Gulfport, fL)

Theory Testing in Deposition, national Institute of Trial Advocacy, May 20, 2011 (Co)

Techniques for Effective Cross-Examination, U.S. Social Secu-rity Administration, May 7, 2011 (Philadelphia, PA)

Impeachment on Cross-Examina-tion, Emory Law School, April 30, 2011 (Atlanta, GA)

SARAH KALTSOUNIS

NewsKaltsounis continues to write a regular column about legal research and writing for the Washington State Bar Association’s young Lawyers Division publication De Novo.

SYLVIA KANG’ARA

PresentationDemocratization of Privatization: The New Constitutional Property Law in africa, University of Colo-rado School of Law, Workshop on the “Third” Globalization of Law, oct. 2011 (Boulder, Co)

ANITA KRUG

PublicationsInstitutionalization, Investment adviser Regulation, and the Hedge Fund Problem, 63 hastings l.J. 1-52 (2011).

PresentationsCorporations Beyond Corporate Law, University of Washington School of Law, faculty Colloqui-um, March 1, 2012 (Seattle, WA)

Seminar on the Economic analysis of Law, University of British Columbia faculty of Law, Jan. 16, 2012 (Vancouver, BC, Canada)

Panelist, Panel of the Section on Financial Institutions and Con-sumer Financial Services, Rubber Hits the Road: Implementing Dodd-Frank amid Reform Fatigue, Association of American Law Schools, Annual Meeting, Jan. 8, 2012 (Washington, DC)

Dodd-Frank and Private Fund Regulation, Gonzaga University School of Law, The Dodd-frank Wall Street Reform and Consumer Protection Act Symposium, nov. 4, 2011 (Spokane, WA)

PATRICIA KUSZLER

Publicationsc.J. banta-green cJ, p.c. kUszler pc, p.o. coffin & J.a. schoeppe, Washington’s 911 gooD samaritan DrUg overDose laW: initial evalUation resUlts (Univ. Wash. Alcohol & Drug Abuse Inst. Info. Brief 2011-05). 4 pages.

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CLARK LOMBARDI

NewsLombardi has served for the past year on the Council on foreign Relations Task force on U.S. policy towards Turkey. In addition, Lombardi is co-editor on a recently announced new book series by oxford University Press.

Publicationsthe challenges anD opportUnities of islamic revieW: lessons for afghani-stan from the eXperiences of other mUslim coUntries (U.S. Institute of Peace 2011). 23 pages.

Mark E. Cammack, R. Michael feener & Clark B. Lombardi, Intro-duction by Guest Editors, 21 pac. rim l. & pol’Y J. ix-xii (2012).

Clark B. Lombardi & R. Michael feener, Why Study Islamic Legal Professionals?, 21 pac. rim l. & pol’Y J. 1-12 (2012).

How State Governments Shape the Interpretation of Islam in Malaysia’s Courts, e. asia f. Q., March 2011, at 1.

In Memoriam: The Marvelous Life of Paul Steven Miller, 86 Wash. l. rev. 698-701 (2012).

PresentationsInstitutional Design Questions for Regimes That Constitutional-ize Shari`a, new york University, Conference on Constitutional Transitions in the Middle East, March 2012 (new york, ny)

Will Constitutional Theocracy Bloom after the arab Spring, University of Virginia School of Law, Constitution-Making and the Arab Spring, feb. 24, 2012 (Charlottesville, VA)

Types of Islamic Review, George Washington University, Compara-tive Constitutional Law Workshop, feb. 2012 (Washington, DC)

Judicial Discovery of Islamic Law in asia, East Asian Law and Society, Annual Conference, oct. 2011 (Seoul, Korea)

Keynote, The Challenges and Opportunities of Islamic Review: Lessons for afghanistan from the Experience of Other Muslim Countries, United States Institute of Peace, Conference on the Afghan Constitution, Sept. 2011 (Kabul, Afghanistan)

Judges and Islamic Law in Pakistan, Malaysia and Indonesia, Sungkyunkwan University, Mediating Tradition: A Conference on national Courts as Interpreters of Islamic and Confucian Law in Contemporary Asia, June 2011 (Seoul, Korea)

Keynote, What Will Follow the arab Spring?: The Promise and Perils of Islamic Constitutionalism, University of Washington, Interdisciplinary faculty Conference on Religion and Politics, May 2011 (Tacoma, WA)

The Egyptian Revolution: Implications for International and Constitutional Law, Seton Hall University, Egypt: Past Present and future: A Conference on the Impact and Implications of the Egyptian Revolution in the Middle East and Beyond, April 8, 2011 (newark, nJ)

DEBORAH MARANVILLE

PublicationDeborah A. Maranville et al., Re-Vision Quest: a Law School Guide to Designing Experiential Courses Involving Real Lawyering, 56 n.Y.l. sch. l. rev. 517-58 (2012).

Presentationapplying Decision Making Theory to Experiential Learning Choices: Students as Our Client, with Esther Park, Association of American Law Schools, Conference on Clinical Legal Education, June 15, 2011 (Seattle, WA)

JACKIE MCMURTRIE

PublicationCriminal Justice System’s Dispa-rate Treatment of Individuals with Fetal alcohol Spectrum Disorders in Cases Involving Sexual activity, 38 J. psYchiatrY & l. 159-77 (2011).

PresentationsPanelist, Standards and Implemen-tation of the New Rule, The De-fender Initiative, Second Annual Conference on Public Defense, March 2012 (Seattle, WA)

Eyewitness Evidence & True Inno-cence, oregon Criminal Defense Lawyers Association, 2011 Confer-ence, Dec. 2011 (Portland, oR)

Panelist, The Impact of the New Supreme Court Rule on Defender Standards Certification, Washing-ton State Bar Association, 18th Annual Criminal Justice Institute, Sept. 2011 (Seattle, WA)

Innocence Project NW, Washington Association of Criminal Defense Attorneys, Annual Conference, June 7, 2011

recent Faculty publications & presentations

50

THEODORE MYHRE

PublicationMeaning Matters: Hypersex Parenting: a Response to Darren Rosenblum’s Unsex Mothering: Toward a Culture of New Parent-ing, harv. J.l. & genDer online colloQUiUm (feb. 6, 2012).

PresentationsClient Counseling and Inter-viewing: Exploring Underlying Interests, University of Washington School of Law, Summer Institute in Transnational Law and Practice, Sept. 2011 (Seattle, WA)

Does First amendment Free Speech apply to Corporations? Reading Citizen’s United v. F.E.C. to Understand Judicial Interpreta-tion in a Common Law System, University of Washington, Summer Institute in English for Business and Law, Aug. 2011 (Seattle, WA)

Introduction to american Contract Drafting: Common Structure and Content, University of Washing-ton, Summer Institute in English for Business and Law, Aug. 2011 (Seattle, WA)

PETER NICOLAS

Newsnicolas was selected to serve on the advisory board of the Law Casebook Series for the Carolina Academic Press, January 1.

PublicationseviDence: a problem-baseD anD comparative approach (3d ed. Carolina Academic Press 2011). 839 pages.

peter nicolas & mike strong, the geographY of love: same-seX mar-riage & relationship recognition in america (the storY in maps) (2d ed. Peter nicholas 2011). 42 pages.

SEAN O’CONNOR

PublicationsThe aftermath of Stanford v. Roche: Which Law of assignments Governs? 24 intell. prop. J. 29-40 (2011)

James e. mceWan, sean m. o’connor, John e. mccarthY Jr. & sUsan WarshaW ebner, The Impact of Stanford v. Roche on Technology Licensing under Bayh-Dole, 47 procUrement laW.Winter 2012, at 5-16

Practical Implications of Stanford v. Roche for Ownership of Univer-sity Inventions, biotech briefing (2011) (ABA Section of Science & Technology Law, Biotechnology Law Committee)

PresentationsRevisiting Legal Personhood: Cor-porate Speech, authorship, and Inventorship, Seattle University School of Law, Adolf A. Berle, Jr., Center on Law, Corporations & Society, Third Annual Symposium, Jan. 14, 2012 (Seattle, WA)

aftermath of Stanford v Roche, Michigan State University Col-lege of Law, nov. 15, 2011 (East Lansing, MI)

Methodology: art, Science, Tech-nology, Law, and the Means of Innovation, UC Davis, Center for Science & Innovation Studies, oct. 19, 2011 (Davis, CA)

Panelist, Protecting the Govern-ment’s Interests in Federally Funded Inventions after Stanford v. Roche, U.S. Court of federal Claims, Western Conference of the Bench & Bar, oct. 18, 2011 (Berkeley, CA)

Panelist, Stanford v. Roche: Estab-lishing Rights Between Govern-ment Contractors and Their Inven-tors, American Bar Association Section on Intellectual Property, Section of Public Contract Law, and Center for Continuing Legal Education, The Impact of Stanford v. Roche on Private Party Transac-tions: Inventor ownership and Government Rights Under Bayh-Dole (webinar), Sept. 28, 2011

RAFAEL PARDO

PublicationsJonathan R. nash & Rafael I. Pardo, Does Ideology Matter in Bankruptcy? Voting Behavior on the Courts of appeals, 53 Wm. & marY l. rev. 919-85 (2012).

Chapter 13 Discount Rates, norton bankr. l. aDv., August 2011, at 1.

ELIZABETH PORTER

PresentationsJudging Parents, Columbia Law School, Junior Scholars’ Workshop, Sept. 12, 2011 (new york, ny)

ANITA RAMASASTRY

NewsRamasastry was nominated and appointed Secretary of the Uni-form Law Commission for 2011-2013. She was also appointed Vice Chair of Drafting Committee for a new uniform law on Preven-tion and Remedies for Victims of Human Trafficking for the Com-mission.

Ramasastry was appointed to the Steering Committee of the Univer-sity of Washington Jackson Center for Human Rights.

PublicationsRamasastry continues to write for the legal commentary site Verdict (http://verdict.justia.com).

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PresentationsCorporate accountability for Over-seas activities: Lessons from Civil Litigation in the United States, na-tional University of Ireland Galway School of Law and Irish Centre for Human Rights, Ireland and the United nations framework for Business and Human Rights, March 24, 2012 (Galway, Ireland)

The Future of Corporate Liability for Human Rights Violations in the United States: Kiobel, the Ruggie Framework and other Emerging Trends, Lewis & Clark Law School, Global Law Lecture, March 5, 2012 (Portland, oR)

Electronic Transactions and Elec-tronic Commerce, U.S. Depart-ment of Commerce and na-tional College of Judicial Studies (Egypt), March 2012 (Cairo, Egypt)

Putting the Business and Human Rights agenda in Context: Lessons from the anti-Corruption Sphere, Konrad-Adenauer-Stiftung, the South African Institute of Inter-national Affairs, the University of Johannesburg, and the University of Hong Kong Law faculty, The “Protect, Respect and Remedy” framework: Charting a future or Taking the Wrong Turn for Busi-ness and Human Rights?, Jan. 24, 2012 (Johannesburg, South Africa)

Licensing & Contracts in Post-Gaddafi Libya, Libya Transparency Roundtable, Dec. 2011 (Tripoli, Libya)

Moderator, Is Corruption Ham-pering asia’s Development? If So, What Can Be Done to Stop It?, Asia Society, Asia 21 young Leaders Summit: Worlds Apart Together: Shared Values for an Asia-Pacific Community, nov. 19, 2011 (new Delhi, India)

Participant, Expert Only Roundta-ble, International Catalan Institute for Peace, Companies in Conflict Situations, oct. 20, 2011 (Barce-lona, Spain)

BETH RIVIN

PublicationConvention on the Rights of the Child: Promoting Human Rights in Islamic Day Schools in Indonesia, 30 meD. & l. 331-44 (2011).

PresentationsKeynote, Global Bioethics and Local Practice, Current Bioethics Issues in Medical Education and Training of Physicians and Medical Researchers, Airlangga Univer-sity, March 13, 2012 (Surabaya, Indonesia)

Professionalism in Pediatrics, Indo-nesian Pediatric Association, feb. 28, 2012 (Jakarta, Indonesia)

Building Capacity in Indonesia to Promote anti-Discrimination Policies: Experiences of the Col-laboration Between the University of Washington and the Indonesian Bioethics Network, UnESCo and Chulalongkorn University, Joint Training Workshop for Ethically In-clusive Practices and Policies, nov. 10, 2011 (Bangkok, Thailand)

Leading Issues of Justice in Clinical Trials, Airlangga University, Good Clinical Practice Confer-ence, nov. 3, 2011 (Surabaya, Indonesia)

Clinical Trials in Resource Poor Communities: Leading Issues of Justice, Asian Bioethics Associa-tion, Conference, Sept. 29, 2011 (Taipei, Taiwan)

WILLIAM RODGERS

Publicationsenvironmental laW (Thomson/West Supp. 2011). 4 vols.

climate change: a reaDer (William H. Rodgers, Michael Robinson-Dorn, Jeni Barcelos, Anna Moritz eds., Carolina Academic Press 2011). 1206 pages & CD-RoM

William h. roDgers, Jr., Jason Der-osa & sarah reYnevelD, Stranger Than Fiction: an “Inside” Look at Environmental Liability and Defense Strategy in the Deepwa-ter Horizon aftermath, 1 Wash. J. envtl. l. & pol’Y 219-94 (2011).

PresentationsEnvironmental Law Distinguished Lecture: Giving “Voice” to Rachel Carson: Putting Science into Law, florida State University College of Law, 25th Anniversary Symposium: The future of ocean and Coastal Law & Policy, March 14, 2012 (Tal-lahassee, fL)

Perspectives on Whether SEPa / NEPa Impede Job Creation, Law Seminars International, SEPA & nEPA, Jan. 13, 2012 (Seattle, WA)

Keynote, Water & the Creative Moments in the History of Environ-mental Law, Center for Environ-mental Law & Policy, Washington Water Law & the Public Trust, Dec. 9, 2011 (Seattle, WA)

Panelist, CERCLa and Federalism, Southwestern Law School, CER-CLA and the future of Liability-Based Environmental Regulation, nov. 11, 2011 (Los Angeles, CA)

Panelist, Native american Use Rights on Forest Lands: Extending the Tribal Ecological Footprint, Uni-versity of Montana School of Law, 34th Public Land Law Conference, Strengthening our Roots: forest Law & Policy in a Changing World, Sept. 15, 2011 (Missoula, MT)

SALLIE SANFORD

NewsSanford served this past year as the immediate past president of the Washington State Society of Healthcare Attorneys.

recent Faculty publications & presentations

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Sanford is part of a multi-disciplinary team of UW faculty selected for a CDC-funded project to support the advancement of health-care related policy and law reforms in several African countries. The reforms, which are identified in country-specific Part-nership framework Agreements, aim to combat HIV/AIDS and im-prove health care delivery systems in countries that are supported by the U.S. President’s Emergency Plan for AIDS Relief (PEPfAR).

PublicationUnderstanding the Health Care Reform Litigation, JUrist, feb. 16, 2012

PresentationsThe aCa in the Supreme Court, State of Reform Health Policy Con-ference, Jan. 4, 2012 (Seattle, WA)

Teaching Health Law in Rural Ethi-opia: Using a PEPFaR Partnership Framework and India’s Shanbaug Decision to Shape a Course, Asso-ciation of American Law Schools, Jan. 1, 2012 (Washington, DC)

Building Model Homes in the Changing Medical Neighborhood: Early Lessons from Washington State’s Multi-Payer Medical Home Pilot, Seton Hall University School of Law, Symposium on Implement-ing the Affordable Care Act, oct. 28, 2011 (South orange, nJ)

State-based aCO and Medical Home Pilots: Early Lessons from the Other Washington, American Society of Law, Medicine and Ethics, 34th Annual Health Law Professors Conference, June 4, 2011 (Chicago, IL)

ERIC SCHNAPPER

NewsSchnapper is counsel for the petitioner in Kloeckner v. MSPB. In January 2012 the United States Supreme Court granted review in this case. Schnapper will argue Kloeckner in the fall of 2012.

PresentationsPlenary Session: Welcome, award Presentations and Supreme Court Review, American Bar Association, Section of Labor and Employment Law, 5th Annual Labor & Employ-ment Law Conference, nov. 3, 2011 (Seattle, WA)

University of Washington, Third Annual Employment Practices Liability Seminar, oct. 13, 2011 (Seattle, WA)

SCOTT SCHUMACHER

PublicationsHandling a Case with Potential Criminal Problems, in 2 effectivelY representing YoUr client before the irs 13-1 to -82 (Keith fogg ed., 5th ed. American Bar Association 2011)

Stevens: Is Zealous advocacy Obstruction of Justice?, 132 taX notes 1169-76 (2011)

PresentationsBenefits and Pitfalls of advanced Pre-Refund Compliance Checks, American Bar Association, Joint Taxation Section–Real Property, Trust and Estate Law Meeting, oct. 22, 2011 (Denver, Co)

IRS Collection–Is the Pendulum in the Right Place?, American Bar Association, Joint Taxation Section–Real Property, Trust and Estate Law Meeting, oct. 21, 2011 (Denver, Co)

TOSHIKO TAKENAKA

NewsTakenaka was awarded a fellow-ship from Max Planck Institute and conducted research on patent validity and enforcement under U.S. and German patent laws.

PublicationsHarmony with the Rest of the World? The america Invents act, 7 J. intell. prop. l. & prac. 4-7 (2012)

Jan b. kraUss & toshiko takenka, a Special Rule for Compound Protection for DNa-Sequences: Impact of the ECJ “Monsanto” Decision on Patent Practice, 93 J. pat. & traDemark off. soc’Y 189-206 (2011)

Merging Civil and Common Law Traditions in Patent Validity Chal-lenge System: Japanese Experi-ences, in noUrritUre De l’esprit: festchrift für Dieter straUDer zUm 70. gebUrtstag 271-92 (Horst-Peter Götting & Claudia Schlüter eds. nomos 2011)

In JapaneseBeikoku wa hontô ni amerika Hatsumeihô de sengan shugi ni ikôshita no ka : Sen hatsumeisha shutsugan seido (First-Inventor-to-File System) no hikakuhôteki bunseki [Is the United States Re-ally Moving Toward a First to File System under american Invention Law?: a Comparative Law analysis of the First to File System], 54 laW & tech. 29-43 (2012)

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Beikoku ni okeru chizai no ugoki [Intellectual Property Develop-ments in the United States], in nenpô chiteki zaisanhô, 2011. Den-shi shUppan o megUrU chosakUkenhô Jô no kaDai [intellectUal propertY laW annUal, 2011. copYright laW anD electronic pUblishing] 128-45 (Ryu Takabayashi, Ryoichi Mimura & Toshiko Takenaka eds., nihon Hyôronsha 2011)

Chiteki zaisanhô no konnichiteki ronten o megutte [Concerning Current Theoretical Issues of Intel-lectual Property], in nenpô chiteki zaisanhô, 2011. Denshi shUppan o megUrU chosakUkenhô Jô no kaDai [intellectUal propertY laW annUal, 2011. copYright laW anD electronic pUblishing] 1-22 (Ryu Takabayashi, Ryoichi Mimura & Toshiko Takena-ka eds., nihon Hyôronsha 2011)

PresentationsExamining 2011 Patent Reform in Comparative Law, Japan Patent office, America Invents Act (AIA), March 9, 2012

Employee Invention Systems: Comparative Law analysis, Santa Clara University Law School, High Tech Institute, Jan. 24, 2011 (Santa Clara, CA)

Open Software Licensing; america Invents act, University of Stras-bourg, france, nov. 28, 2011

License Negotiation with Japa-nese, License Executive Society German Group, november 25, 2011 (frankfurt, Germany)

Moderator and discussant, Em-ployee Inventions and German Copyright Law: Encounter of the Third Kind, osaka Institute of Technology, nov. 16, 2011 (osaka, Japan) and Waseda RCLIP, nov. 19, 2011 (Tokyo, Japan)

Recent Patent Developments in the United States: america Invents act & Case Law Developments, Japan Intellectual Property As-sociation, nov. 15, 2011 (Tokyo, Japan) and nov. 2011 (osaka, Japan)

america Invents act: Impact on Patent Procurement and Tech-nology Transfer, Tokyo Medical Dental University, nov. 14, 2011 (Tokyo, Japan)

KELLYE TESTY

NewsDean Testy was awarded the In-diana University Maurer School of Law Distinguished Service Award March 2012.

LEA VAUGHN

PresentationsIn Denial: “Brain Rules,” Legal Norms and the abusive Work-place, Emory Law School, Society for Evolutionary Analysis and the Law, 13th Annual Conference, April 2, 2012 (Atlanta, GA)

Moderator, Get Off My Land!! The Conflict Between Property Rights and Protected activities under the National Labor Relations act, American Bar Association, 5th Annual Section of Labor and Em-ployment Law Conference, nov. 3, 2011 (Seattle, WA)

Difficult Issues in the Classroom, Association of American Law Schools, Pre-tenure faculty of Color Workshop, June 26, 2011 (Washington, DC)

Panelist, Association of American Law Schools, Pre-tenure faculty of Color Workshop, June 25, 2011 (Washington, DC)

KATHRYN WATTS

PublicationsConstraining Certiorari Using administrative Law Principles, 160 U. pa. l. rev. 1-68 (2011)

PresentationsRegulatory Moratoria, Duke Law Journal, 42d Annual Administra-tive Law Symposium, feb. 24, 2012 (Durham, nC)

Panelist, annual Developments in administrative Law & Regulatory Practice, American Bar Associa-tion, Section of Administrative Law and Regulatory Practice, 2011 Administrative Law Conference, nov. 18, 2011 (Washington, DC)

Moderator, Judicial Review in the Roberts Era, American Bar Asso-ciation, Section of Administrative Law and Regulatory Practice, 2011 Administrative Law Conference, nov. 18, 2011 (Washington, DC)

The Reach of Federal Power, University of Washington School of Law, Reflections on the U.S. Constitution: Contemporary Issues and Challenges, nov. 2, 2011 (Seattle, WA)

Discussant, Fireside Chat with Justice John Paul Stevens, American College of Trial Lawyers, Annual Meeting, oct. 21, 2011 (LaQuinta, CA)

Federal Case Law Developments Regarding Scope of Review Doc-trines, Washington State Bar Asso-ciation Administrative Law Section, federal Administrative Law CLE, Sept. 15, 2011 (Seattle, WA)

The United States Constitution: The Roles of the Judiciary, Con-gress & the Executive, University of Washington School of Law, Summer Institute in Transnational Law & Practice, Sept. 12, 2011

Panelist, Designing and Teach-ing Courses on the U.S. Supreme Court: Strategies and Objectives for Different audiences, Law & So-ciety Association, Annual Meeting, June 5, 2011 (San francisco, CA)

RON WHITENER

NewsWhitener was selected as a White House “Champion of Change.” The award features law-yers “who dedicate their profes-sional lives to closing the justice gap in America” and is given to a small group of people who are “Winning the future.” This honor was presented to Whitener at the White House in october 2011.

recent Faculty publications & presentations

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Whitener continues to write on the Champions of Change blog (www.whitehouse.gov/champions), a weekly initiative to highlight Americans who are making an impact in their communities.

JANE WINN

PublicationsJane Winn & benJamin Wright, the laW of electronic commerce (4th ed. Aspen 2011 & 2012 semi-annual supplements)

Electronic Chattel Paper: Invitation accepted, 46 gonzaga l. rev. 407-433 (2011)

PresentationsInnovations in IPR Teaching Methods and Materials, national Law University, Delhi and University of Washington School of Law, Asian Law Center, new Perspectives on IPR Teaching, March 5, 2012 (new Delhi, India)

Trust Framework Models, RSA Computer Security Annual Conference, March 1, 2012 (San francisco, CA)

Buying Fairness: Certification Marks and Self-Regulation in Global Markets, University of Michigan School of Law, Intellectual Property Workshop, feb. 23, 2012 (Ann Arbor, MI)

Innovations in IPR Teaching Methods and Materials, Renmin University School of Intellectual Property Law, Beijing and University of Washington School of Law, Asian Law Center, new Perspectives on IPR Teaching, nov. 2011 (new Delhi, India)

Security in the Cloud: Balancing the Needs of Consumers, Businesses, and Law Enforcement, 2011 U.S. Attorney Cybercrime Conference, oct. 7, 2011 (Seattle, WA)

Electronic Identification, authen-tication, and Signatures: Policy Goals, European Commission, Workshop on EU future Electronic Identification Authentication and Signature Policy, oct. 3, 2011 (Brussels, Belgium)

LOUIS WOLCHER

PublicationsThe Ethics of the Unsaid in the Sphere of Human Rights, 26 notre Dame J.l. ethics & pUb. pol’Y 101-15 (2012)

Intent to Charge for Unsolicited Benefits Conferred in an Emergency: a Case Study in the Meaning of “Unjust” in the Restatement (Third) of Restitution & Unjust Enrichment, 68 Wash. & lee l. rev. 911-47 (2011)

PresentationsKeynote, Human Rights and Cultural Diversity, non-Aligned Movement for Human Rights and Cultural Diversity, the Irish Center for Human Rights, and the International Committee of the Red Cross, first International Conference on Human Rights and Cultures: Cultures in Support of Humanity, nov. 2011 (Tehran, Iran)

The Critical Imperative, University of Idaho, Critical Legal Conference: Momentum: Critical Thought, Critical Action, oct. 21, 2011 (Moscow, ID)

On Diversity, Aberystwyth University, British Critical Legal Conference, Sept. 2011 (Aberystwyth, Wales)

DONGSHENG ZANG

PublicationPoisoned air: The Negotiating State and the Changing Climate in China, in climate change: a reaDer 989-1007 (William H. Rodgers Jr., Michael Robinson-Dorn, Jennifer K. Barcelos & Anna T. Moritz eds., Carolina Academic Press 2011)

PresentationsChanges in China’s Commercial Law and Implications on Doing Business in China, U.S. Department of Commerce, China Ministry of Commerce, and the Asia Society, 2011 U.S.-China Legal Exchange, oct. 17, 2011 (San francisco, CA)

Panelist, China and the Public In-ternational Legal Order, University of Maryland, francis King Carey School of Law, China, Taiwan, and International Law: A Symposium in Honor of Professor Hungdah Chiu, oct. 6, 2011 (Baltimore, MD)

Regulating China’s Renewable Energy in the Context of Glo-balization, Tsinghua University, Center for Environmental, natural Resources and Energy Law, Sept. 20, 2011 (Beijing, China)

recent Faculty publications & presentations

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60sRONALD CASTLEBERRY ‘69 retired in January, after more than 20 years as a trial attorney and another 20 years as a Supreme Court Judge. Castleberry plans to continue working as an arbitrator and mediator with the Everett law firm of Adams and Duncan.

70sMARLIN J. APPELWICK ’79 received the 2011 Washington State Bar Association President’s Award September 21. The award is given annually in recognition of special accomplishment or service to the WSBA.

RICHARD COHEN ’71 retired from the U.S. Department of Justice’s Antitrust Division after 40 years.

REBECCA FRENCH ‘74 is spending six months in new Delhi, India, as a fulbright-nehru Senior Re-searcher. There she will continue her work on a project titled “The Buddha’s Theory of Secular Law.”

BRIAN KREMEN ‘71 joined the Laird norton Tyee wealth management firm as a business development officer on Decem-ber 9. Kremen most recently was with Seattle-based zachary Scott investment bank.

80sALEC HILL ‘80 has been named Seattle Pacific University’s 2012 Alumnus of the year for his dedication to students as president of the InterVarsity Christian fellowship.

90sSTEPHANIE BLOOMFIELD ’94 was named Vice-President/President-elect for the Washington State Tacoma-Pierce County Bar As-sociation. Bloomfield is currently an attorney at Gordon Thomas Honeywell.

ADAM BROTMAN ’95 was named Starbucks’ first Chief Digital offi-cer March 2012. Brotman was pre-viously the company’s senior vice president of digital ventures who led development of the new apps and customer-facing services.

LISA CHRISTOFFERSON ’98 an-nounced the establishment of her Seattle firm, Christoffersen Law PS December 22. After 12 years in the field, she will continue to prac-tice business and family immigra-tion law with a focus on employers in the Pacific northwest.

DEANNA DAWSON ’94 was named executive director of the Suburban Cities Association (SCA) in febru-ary. She previously served on the Edmonds City Council from 2001 to 2008.

perSonaL anD proFeSSionaL newS From aLumni

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class notes

LISA J. DICKINSON (KIRIHARA) ’99 was appointed as a Washington State Bar Association Delegate to the American Bar Association’s House of Delegates. She was also chosen by Governor Christine Gregoire to join the Washington State Commission on Asian Pacific American Affairs.

LISA KAUFMAN ’96 and her Portland State University’s Student Legal Ser-vices team won the Most outstand-ing Student Legal Services office Award for 2011 from the University Student Legal Services Association, Western Division. Kaufman is the director of the program.

FELIX GAVI LUNA ‘97 was unani-mously selected as the recipient of Moot Court Honor Board’s 2012 Alumni of the year Award. Luna is known throughout the legal com-munity as a superior trial advocate and has balanced his dedication to clients with a commitment to UW School of Law.

AURORA MARTIN ‘97 was appointed as the new Executive Director of Columbia Legal Services and in their Central Support office on December 10. Martin has worked for the CLS since 1999, starting as a national Equal Justice Works fel-low and becoming Deputy Director in 2004.

MARK WHITMORE ’96 was featured in the winter edition of Charles Schwab’s On Investing magazine. In the article, Whitmore spoke about international investing.

00s

KIERAN CURLEY ’01 was named Managing Partner at Miller nash LLP on January 1. He is the youngest Managing Partner that the firm has ever appointed. Curley will be responsible for strategic implementation as well as the internal management of the firm.

ERIN CURTIS ’06 AND AIMEE SUTTON ‘03 recently opened a practice together. The firm, Sutton & Curtis, PLLC, is focused on criminal defense. They developed their expertise in that area as a result of dealing with all types of criminal cases during their many years as public defenders.

STEVEN KIM ’00 has been invited by the South Korean government to spend six months in Seoul teaching Korean prosecutors trial practice skills and lectur-ing on the American Criminal

Justice System in anticipation of the country’s adoption of a grand jury system. Kim is taking leave from his position as Senior Deputy Prosecuting Attorney at the King County Prosecuting Attorney’s of-fice during his stay.

ALEXIS MACIVOR ’02 was named of counsel at Steptoe & Johnson LLP on January 3. MacIvor is a mem-ber of Steptoe’s Business Solu-tions Department whose practice focuses primarily on tax law.

KAREN NASHIWA ‘06 joined folawn Alterman & Richardson LLP as an associate on January 17. There she will practice in busi-ness and real estate transactions and commercial disputes. Before joining the firm, nashiwa was a trial attorney for a nationwide insurance company.

JULI PIERCE ’04 was featured in the Billings Gazette as one of their “forty under forty” Exceptional Business Professionals in Billings, MT. She is a senior deputy yellow-stone County attorney.

AJ REI-PERRINE ’04 won the Jury Prize in Short film, International fiction at the 2012 Sundance film festival for her film “The Return (Kthimi)”. After law school, Rei-Perrine went to Kosovo with the foreign Service, and after 6 years as a U.S. diplomat in Kosovo and Argentina, she became a filmmaker. Rei-Perrine was an as-sociate producer of the film.

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Recent UW LL.M. student Ana “Ceci” Lopez ‘12 was awarded the American Bar Association Section of Taxation Public Service fellowship. Lopez is the first UW Law student to receive this honor and began serving the Hispanic community in the Greater Seattle Area after graduating.

The Public Service fellowship program, which began in 2008, reflects the section’s desire to advance public service efforts in tax law and to establish an equitable tax system. The fellowship is presented to two recent law school graduates or judicial clerks every year. Each fellow is expected to serve a two-year term with a public-interest or non-profit organization providing taxation or administration of tax law services. In return, an unre-stricted grant is given to each organization equal to the fellow’s salary, payroll taxes and benefits.

During her fellowship, Lopez works to outreach, educate and direct representation of people in the Hispanic community, focusing on business and tax law.

“This is one of those once-in-a-lifetime opportunities,” she said. “I see this as a great way to invite, encourage and facilitate active participation in society from a rapidly growing group in our state.”

UW Associate Professor of Law and director of the UW federal Tax Clinic, Scott Schumacher is Lopez’s mentor during her fellowship. He said her services are greatly needed, so her fellowship is a “win-win” for Lopez, the UW Law community and the greater Seattle area. As her mentor, Schumacher will supervise the services she provides.

“It’s a very big honor,” he said, adding that he believes Lopez will do well in representing the Hispanic community because of her education, experience and cultural background.

SUMEER SINGLA ’02 was named West Precinct liaison on January 25. She joined four other attorneys as part of City Attorney Pete Holmes’ re-launching of Seattle’s precinct liaison program.

10s

WILLIAM PIGOTT ‘10 joined the Seattle office of regional law firm Schwabe, Williamson & Wyatt as an intellectual property practice attorney December 22. Prior to joining Schwabe, Pigott was an associate at Seed Intellectual Property Group, PLLC.

SOIPAN TUYA ’10 spoke at the annual International Women Day’s luncheon, sponsored by the Landesa Rural Development Institute. Her speech explained the importance of land rights for women in Africa and how she is working to establish greater peace and security in the country. Tuya is Landesa’s land and gender specialist in Kenya.

FEATURED ALUMNUS

ANA “CECI” LOPEZ ‘12

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class notes

affirmative action

The DiFFerenT Class of 1974

The spring of 1970 was a tumultuous time on the UW campus, and nationally. After the

Kent State shootings on May 4, students protested by marching from campus to downtown

Seattle. Final exams, and other University administrative processes such as admissions, were

disrupted. Women students were by far the minority at UW Law at that time and were rarely,

if ever, on the admissions committee, but the class of ’74 had both Rachelle Kleinberg and

Tama Zorn as members of the law school admissions committee. Classmate Neola Hei-

degger’s research disclosed that, historically, only two women per year had been admitted,

but the class of ’74 admitted 35 women, which was 25% of the class.

ours was the class of “Affirmative Action,” race-based preference for admissions. nineteen students who were African-American, Hispanic, and Asian were admitted, although news accounts never publi-cized how many would have been admitted anyway, without a preference. one or more Affirmative Action students with scores lower than his were admitted ahead of white applicant Marco DeFunis, so he sued for “reverse discrimination.” following an injunction hearing, Marco started the first day of class with the rest of us. A buzz was going around and everyone wondered: “Who’s this Marco Defunis?” At the end of the first day, all 1Ls were called to the first session of Professor Harry M. Cross’s real property class. Professor Cross epitomized an old-school law profes-sor, a veritable “Kingsfield” from The Paper Chase. He scanned the roster and called, “Mr. Defunis.”

Everybody turned and stared. Eventually we met him, and grew to like this mild-mannered, pleasant man. He wasn’t a fire-breathing zealot that we might have expected.

Defunis’ case made “60 Minutes” and shot straight to the State Supreme Court. Carloads of us drove to olympia to hear oral argument. Classmate Elmira Hunter, who is black and was very passionate about the cause, stood up from her seat in the audience and remained standing while she listened. “I just wanted them to see what one looked like,” she told me.

While the case headed for the U.S. Supreme Court, we turned to learning law. for those of us from blue-collar backgrounds, it was a whole new language. When we were assigned to present briefs

by Susan Sampson ’74

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PETER BACHO KAy TRUMBULL

JoAnnE YUKIMURA

fRED BONNER

SHARon ARMSTRONG

EVAn SPERLINE

PLUMMER LOTT nEoLA HEIDEGER JIMI WRIGHT

ELMIRA HUNTER

and oral arguments in the case of Barker v. Wingo, then pending at the U.S. Supreme Court, Bill Cohen borrowed the telephone in the Dean’s office, called actual counsel for the parties, and asked for copies of their briefs. “That’s how real lawyers do it,” he said.

We were too cool for graduation ceremonies, but our families insisted. We chose iconoclastic DUI lawyer, Alva Long of Auburn, to speak. He had scraggly white hair down to his shoulders and habitually popped his dentures out into his hand and clacked them to ridicule bombast. Alva’s sign didn’t say “Attorney at Law,” it said “Alva the Lawyer.” He didn’t post his diploma in his office; he posted Playboy centerfolds. Alva was touched at being asked to speak, and told stories about himself. He said that his will left his Lin-coln to the Chrysler Corporation, “So they could see how to do it right.” He told about inviting the Attor-ney General to his office where he intended to have illegal sex with a chicken, and the law he intended to break was quickly repealed. He invited the class to join “his” club, Alcoholics Anonymous. His ending was crass: “I’m bipartisan,” he said. “I don’t care who kills Richard nixon.”

When it was time to collect our diplomas, my pre-schoolers took the stage with me. I was certainly not the only student with children—I know of six moms and three dads in our class — but women in law with kids were still novel, and we received a standing ova-tion. So did Marco Defunis.

The class of ‘74 produced a spate of judges, includ-ing Honorables Anne Ellington, Court of Appeals; Sharon Armstrong, King County; David Williams, Clallam County; Evan Sperline, Douglas County; Kay Trumbull, Snohomish County; Fred Bonner, Seattle; and Plummer Lott (also of the first Seattle Supersonics team), in new york. JoAnne Yukimura became a member of the Island Council in Kauai. four classmates created the first all-woman law firm in Seattle. Elmira Hunter, with a partner, opened the first African-American female firm in the city. Ricardo Cruz became legal counsel for the Seattle Public School District no. 1, then the Bellevue School Dis-trict. Judy Runstad served on the federal Reserve Board. Peter Bacho wrote a book of short stories that won a national Book Award for the UW Press.

Lee Stanley Smith sued the State of Texas for depriving traditionally black schools of their fair share of state funding. At first, he was dismissed as a nuisance, but he had learned the lesson of Brown v. Board of Education. He dived into libraries for weeks on end, and emerged with the papers that proved his case. His exhibits have become an important archive for historians of de facto segregation, and Lee be-came an Associate Vice President at the University of Texas at Austin.

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Although our class produced notable citizens, no group story is ever totally of success. A narcotics detective told me that Santiago Juarez defended drug offenders as zealously as ethics require and as flamboyantly as clients demanded, but when he lost a case, they turned on him. He had to leave the area to protect his life. Jimi Wright committed man-slaughter just outside the law school. He and the victim had had a dispute involving a woman and the other man threatened him. The police couldn’t offer protection. Jimi saw the other guy approaching, and drew first. The victim’s pistol was in his back-pack, so Jimi’s plea of self-defense was rejected. He was released on bail, but was caught with drugs and convicted. After serving his sentences, he passed the bar exam, but the Bar denied him admission. The State Supreme Court split 4-4 on his admission, so the denial was sustained.

The case of DeFunis v. Odegaard was decided by the U.S. Supreme Court in April, 1974, a month before we graduated. “It’s moot,” they said, so Allen Bakke’s case, not Marco’s, became its pronounce-ment on race-based admissions. Marco Defunis served injured plaintiffs in private practice for 28 years, but died unexpectedly in 2002.

My son Eric Martin ‘03 followed me into law. His class wasn’t naïve like ours—they understood “probable cause” and “incorporeal hereditaments” even before they cut their permanent teeth. His class of 2002 was the first admitted under Initiative 200, which made it illegal for the school to ask applicants’ race. Applicants had to re-apply and submit a new essay after their applications had already been submitted. nevertheless, he started his essay, “My grandfather, the flathead Indian….” Somebody from the admissions office called him and asked, “Are you an Indian, or not?” When he explained his Caucasian upbringing, the caller said, “That’s so post-modern!” We had to look that up in our funk and Wagnalls. His class was majority female, but like classes twenty-five years earlier, overwhelmingly white.

Eric didn’t have Kent State—his class had the WTo riots. The event fell during midterms, and most students were oblivious. only a few served as observers downtown. for Eric, race in public school admissions was still a live issue. He attended the U.S. Supreme Court to hear oral argument in Parents Involved in Community Schools v. Seattle Public School District No. 1, __U.S. –(2007) where the is-sue, once again, was race-conscious admissions.

Eric’s class and mine shared the same appreciation for goofy comic relief. While “60 Minutes” was photographing footage for the Defunis case in the library, the students at one table all turned their books upside down and purported to keep reading. When Eric’s class was moving from Condon Hall to William H. Gates Hall, some students sneaked into the building on the eve of April fool’s day and turned the elevator call buttons upside down.

Professor Harry Cross passed away while Eric was in law school. As Editor of the Washington Law Re-view, Eric invited Mr. Cross’s property law successor, and my teacher 25 years earlier, Professor Stoebuck, to write a memorial. Eric thought it was one of the best pieces the Washington Law Review published.

Eric was also given the opportunity to meet my classmate Hugh Spitzer, now serving as a UW adjunct professor. Hugh told Eric about student activists filing an open meetings act lawsuit to be allowed access to faculty meetings. Their reward for winning was being morally obligated to attend incredibly boring meetings. Becoming a deputy mayor of Seattle, Hugh became more a model for making policy from within rather than without an organization.

I’m favorably impressed with the work that I see Eric and his colleagues do. They are learning Indian law, children’s rights and alternative dispute resolution that we weren’t offered. Equally as many bring their skills to causes they are passionate about, whether that’s the environment, international relations, or internet gambling. I think they bring more sophis-tication to it than we did, so they are off to a more productive start than we were. They still believe in—excuse me Superman—truth, justice and the American way.

Susan Sampson is retired and getting her legal thrills vicariously through her son Eric Martin ’03, who practices in Seattle and Richmond, VA.

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CLASS OF 1948

WILLIAM BROWN, JR. passed away october 7, 2011. Judge Brown was first employed by the Common-wealth Title Company. In 1950 he became a City of Tacoma Prosecuting Attorney. After leaving the city in 1955, he established a private law practice, which he later turned into a partnership practice with Harold Burmeister, Rush Stouffer, and later Wayne Knight—Stouffer, Brown and Knight. In 1967 he was appointed Judge of the Superior Court, Pierce County, by Governor Dan Evans. He won all his sub-sequent elections, and retired in January, 1989.

CLASS OF 1949

RICHARD LUNSTRUM passed away March 2012. Lunstrum was a veteran of the Army Air Corps, flying P-38s and P-51s with the 8th Air force in England during World War II. After graduating from UW Law, he devoted 39 years to Safeco Insurance.

JOHN WOLD passed away october 4, 2011. After graduating from UW School of Law, he began a private practice in Elma and Montesano and moved the practice to oak Harbor in 1953. Wold also spent 25 years as the City of oak Harbor’s City Attorney.

CLASS OF 1950

ARNOLD ROBBINS passed away September 25, 2011. Robbins spent seven years in the U.S. Army and Army Reserves. He was a partner in the law firm that became Breskin & Robbins, for more than 30 years. He appeared before the U.S. Supreme Court in 1974, and served as an officer in the Washing-ton State Bar Association. Robbins practiced law in Seattle for 46 years, and is known for his service toward the Seattle Jewish community.

In MemoriamCLASS OF 1940

KENNETH A. COX passed away on october 31, 2011. Cox was a partner in a Seattle law firm before he took a position as the chief of the fCC’s broadcast bureau. In 1963, President John f. Kennedy named Cox an fCC commissioner, where he served until 1970.

CLASS OF 1941

JIM STEWART passed away november 23, 2011 at the age of 96. Steward was not only an ac-complished attorney, but he was a respected community leader, business owner, tree farmer and decorated war hero.

CLASS OF 1947

GORDON CLINTON ’47 passed away november 19, 2011. In 1955, Clinton served as the mayor of Seattle from 1956 to 1964. In this position he es-tablished Seattle’s first sister city relationship with Kobe, Japan, in 1956 and created a 12-member Seattle Human Rights Commission. After leaving office, Clinton practiced law and served as an attorney for the Japanese Consulate. He also did work for the Philippine Consulate and the Korean Consulate.

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CLASS OF 1952

RICHARD BUCHANAN passed away october 19, 2011. After clerking for the Washington Supreme Court, he practiced maritime law for 50 years with the same law firm. Buchanan was Secretary, President, and a lifetime member of the Japan America Society of the State of Washington. He was a staff member and later Chairman of the orkila Camping Committee.

CLASS OF 1953

WILLIAM INGALLS passed away november 7, 2011. After law school, he served three years as an officer in the U.S. Army Judge Advocate Generals Corps. In 1956, Ingalls returned to Everett where he was engaged in the practice of law for the next 24 years. In 1980 he took a position as vice president and general counsel of Care Computer Systems, Inc. in Bellevue, WA from which position he retired in 1995.

CLASS OF 1955

ANTHONY SAVAGE passed away January 3, 2012. Savage was a well-known and respected crimi-nal defense attorney in the greater Seattle area. Among his clients were Gary L. Ridgway, the Green River killer, and David Lewis Rice, murderer of four members of the Goldmark family in 1985.

CLASS OF 1965

JAMES VINUP GRUBBS passed away at the age of 78 surrounded by his family, february 13, 2012. In addition to his career as a lawyer, Grubbs was also a pilot and loving father and husband. Remem-brances can be made to Puget Sound Kidney Cen-ter or Providence Hospice of Snohomish County.

CLASS OF 1969

WILLIAM CLARKE passed away September 19, 2011. He served as an Assistant Attorney General for the State of Washington from 1969 to 1975, acting as Chief of the State’s Consumer Protection and Antitrust Division and later Chief of the Special Trial Division. He also served for two years in the United States Senate as a legislative aide to Senator Slade Gorton. But, ultimately, Clarke’s greatest passion was education. He taught at Gonzaga Law School from 1975 to 2005 and acted as Associate Dean from 1991 to 1997.

FriendsROBERT L. FLETCHER spent most of his distinguished career teaching at the University of Washington School of Law. At the UW, he taught constitutional law, property, and wills and estates. During the 1980s he served as Associate Dean. Upon retiring at the age of 70, he taught at UC Hastings College of the Law, the Vermont Law School and Seattle University School of Law.

in memoriam

uwlawSpr i n g 2012

RemembeR when… 28

Facult y & FiRm 32

books & be yond 34

in the spotlight 36

a l aw degRee in ac tion 42

Facult y ne ws 46

cl ass notes 55

in memoRiam 61

c alendaR back cover

Law School News 2

Features

Judge carol Ful ler ’54 12mentoring maven

Judge plummer lott ’74 16

From court to court

Judge Wm. Fremming nielsen ’63 20

trains, planes & plaintiffs

Judge Marco Hernandez ’86 24

on the Road again

Departments

UW LAW Volume 65 Spring 2012

Dean Kellye Y. Testy Editor Elizabeth Coplan

Copyright 2012 University of Washington School of Law. All rights reserved. UWLAW is published twice a year by the University of Washington School of Law and is made possible by a gift from the Washington Law School Foundation.

CoNTrIbUTING WrITErS Daron Anderson, Theresa Chemnick, elizabeth Coplan, mary Whisner

CoNTrIbUTING PHoToGrAPHErS Elizabeth Coplan, patrice gilbert, matt Hagen, Alicia Hernandez, Tiffany Sevareid, Jack Storms, and Chad Tucker.

DESIGN Jo-Ann Sire and John Linse

EDITorIAL boArD Helen Anderson ’84, Stephanie Cox, Kimberly ellwanger ’85, penny Hazelton, roland L. Hjorth, eugene Lee ’66, LL.m. ’68, Jerry mcnaul ’68, Signe naeve ’00

EDITorIAL oFFICE AND SUbSCrIPTIoN CHANGES UW Law, William H. gates Hall, room 383 University of Washington School of Law Box 353020, Seattle, WA 98195-3020 email: uwlaw@u.washington.edu

16 28 44

The Alumnus/Alumna of the Month program showcases 12 outstanding

alumni each year. Through this program, we honor the extraordinary

careers and achievements of our graduates who use their passions, skills

and voices to advance law and justice and who have become Leaders for

the Global Common Good.

NoMINATIoNS

The Law School Alumni Association welcomes nominations. In order to

achieve a diverse representation of our outstanding alumni, we look for

nominees in the following categories:

FIrMS • GoVErNMENT • bUSINESS • PUbLIC SErVICE

PUbLIC PoLICY • ACADEMIA • ALTErNATIVE CArEEr

To nominate an alumnus, please email Elizabeth Coplan

at ecoplan@uw.edu with the following information:

1 Name and class of alumnus/a

2 The professional category nominated

3 A brief paragraph describing the nominee’s contribution

4 Contact information of the nominee (if known)

Alumnus of the Month Program

JUNE 10

UW School of Law Commencement Exercises

MEANY HALL

2:30 P.M. - 4:30 P.M.

JULY 19–AUGUST 3

2012 Patent and IP Law Summer Institute Center for Advanced Study & Research on Intellectual Property (CASRIP)

WILLIAM H. GATES HALL

8:30 A.M. – 3:30 P.M.

JULY 27–28

2012 High Technology Protection Summit

WILLIAM H. GATES HALL

8:30 A.M. - 5:30 P.M.

SEPTEMBER 6–7

25th Annual UW Indian Law Symposium

WILLIAM H. GATES HALL

8:30 A.M. - 5:00 P.M.

SEPTEMBER 11

National Security Conference presented by the Slade Gorton International Policy Center

WILLIAM H. GATES HALL

OCTOBER 4–6

Managing Risk in a Complex World Conference presented by the Law, Business & Entrepreneurship Program

WILLIAM H. GATES HALL

OCTOBER 26

Transatlantic Risk Regulation: Food Safety Conference

WILLIAM H. GATES HALL

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Box 353020 SEATTLE, WA 98195-3020

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For more information on events, registration and additions to the

CLE schedule, visit our website: www.law.washington.edu/calendarPlease recycle.

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