the new - ohio northern university pettit college of law · ting-edge risk management and...

ONU Law Alumni Around the WorldLLM Graduates Lead Anticorruption EffortsUnited States Supreme Court Admission CeremonyFeature: Why Lying Matters

Hanson Reading Room,Taggart Law LibraryHanson Reading Room,Taggart Law Library

The NewThe New

The College of Law changes each year – new faculty, new students, newcourses and new facilities. The pages of the Writ are full of news of ourgrowth and progress. It is an exciting time to be at Northern.

Even as things change, however, much remains the same. Our mission – to preparethe finest practitioners anywhere – remains as it was when Henry Solomon Lehr addedthe College of Law to his university in 1885. Through those years, we have never lostsight of the law as a calling requiring a professional education. We continue to becommitted to that vision today.

During this academic year we will be preparing for the celebration of our 125thanniversary scheduled for 2010-2011. Special events, speakers, symposia and morewill highlight our celebration. We hope you watch for announcements of these events,and that you will be able to join us.

In the meantime, we hope you will find time to visit us. We look forward to seeingyou soon.

Very truly yours,

David C. CragoDean and Professor of Law

DEAN’SLetter

A Publication of the Ohio Northern University Pettit College of Law

EDITOR:Mindi Wells, JD ’98, BSBA ’95Assistant Dean for Administration & Student Services

CONTRIBUTING WRITERS:Brittany Walker, L-2

Alan Ohman, SeniorCreative Writing Major

DESIGN/LAYOUT:Gary Stuart, BSED ’67Studio II

PRINTER:Herald Printing

The Writ is the official publication of the College of Law. TheWrit is published once a year and distributed to alumni and friendsof Ohio Northern University’s Claude W. Pettit College of Law.

Letters, alumni notes, requests for reprint permission andmanuscripts of articles should be sent to:Mindi WellsCollege of Law Dean’s OfficeOhio Northern University525 N. Main • Ada, OH 45810

PHONE: (419) 772-3051 FAX: (419) [email protected]

www.law.onu.edu/contact

FALL 2009

INSIDE2 ALUMNI ABROAD: WHERE ARE THEY NOW?

Profiles of a sampling of ONU Law alumni living abroad

37 WHY LYING MATTERSBy Bruce Frohnen

DEPARTMENTSCOLLEGE UPDATES

12 Being Social at ONU Law13 Employment Rate Surpasses National Average14 Hanson Reading Room Dedicated18 Entering Class of 200920 New Concurrent JD/LLM Program Launched22 The Campaign for Tomorrow

FEATURED SPEAKERS24 Kleinbard Delivers Woodworth Lecture24 Karlan Featured as Kormendy Lecturer25 Dean’s Lecture Series

STUDENT ACTIVITIES27 Public Interest Stipends Awarded28 Moot Court Year in Review29 Law Review Symposium30 Tenth Annual Diversity Forum31 Students Explore Iceland

FACULTY & STAFF33 Faculty Recognized at Honors Banquet34 Fenton Honored for 20 Years of Service35 Activities

Featured

99 HOMECOMING

10 COMMENCEMENT

21 U.S. SUPREME COURTCEREMONY

+PLUS

These individuals are a tribute to the global nature of the

legal education students receive at Ohio Northern University.

They have gone on to careers in politics, translating legal

materials, off-shore project development and IT law.

here are currently over 4,400 living alumni whohave passed through the halls of the Pettit Collegeof Law at Ohio Northern. Then, like seeds to thewind, they have scattered across the country and

even around the world to work, raise their families and live theirlives. The Ohio Northern international legal communitycontinues to expand each year, not only through the graduatesfrom the LLM in Democratic Governance and Rule of Lawprogram, but also from our juris doctor students who choose toshare their talent in the global arena.

2 OHIO NORTHERN UNIVERSITY COLLEGE OF LAW |Writ FALL 2009

FeatureAlumni Abroad: Where are they now?The following pages contain profiles of a sampling of thealumni who have left Ada, Ohio, and now live abroad.

T

“I have met many extraordinarypeople, traveled to over 55 countriesand have visited many historical andcultural landmarks.”

■ Joseph Banks

Writ FALL 2009 | OHIO NORTHERN UNIVERSITY COLLEGE OF LAW 3

The former secretary general of CISV International is proof thathaving a law degree does not mean one must practice law.CISV International is an international youth exchange andpeace organization operating in 65 nations. It creates annualopportunities for 8,000 students of all ages, from 11 to adult,

to experience cultural diversity firsthand through over 200 internationalactivities.

Joseph Banks, JD ’74, learned about the secretary general positionwhile he represented the United States on CISV’s international board. Hehad no problems with working overseas: “I studied law at Exeter, was inthe Icelandic Exchange and had substantial CISV experience, so I was posi-tive about living abroad.” He moved to Newcastle upon Tyne, England, in1985 and has lived there since.

As secretary general, “my challenge at CISV was to lead it [the compa-ny] from a kitchen/coffee table unincorporated charity to a modern multi-national organization as a registered charitable company [that] utilizes cut-ting-edge risk management and experiential educational methods,” thenow-retired Banks explains. “Members [of CISV] represented nine differ-ent legal systems and have varying degrees of English language and Anglo-American legal competence.”

With 8,000 students and many more volunteers, one of Banks’ biggestcoordination issues was liability. “[We had to] secure and maintain globalpublic liability and travel insurance at reasonable prices for 48,000 volun-teers.” He also adds, “payment of fees within the constraints of currencycontrol laws at the national level was also a major challenge.”

Though he did not practice law, Banks feels that his days at OhioNorthern were well spent. “I feel my basic legal training worked well in[helping me] perform my job,” Banks says. Aside from ONU, Banks stud-ied law in England and Iceland, which helped him become open to othersystems.

Following his retirement, Banks consulted in the field of risk manage-ment, using skills he had learned both at ONU and while working withCISV. Given CISV’s focus on globalization, Banks has had many wonder-ful experiences: “I have met many extraordinary people, traveled to over 55

countries and have visited many historical and cultural landmarks.”While he thoroughly enjoys working abroad, he is quick to point out

just how much work it can be, especially considering the global climate. “Itis a challenge…to be a U.S. citizen living and working abroad when gov-ernment policy and personal beliefs are inconsistent,” he claims.

There are also more practical ideas to consider when working overseas.Banks quickly counts off a number of potential troubles: language skills,interest in history and culture outside the United States, family supportand adjusting work and rest time for the application of global communica-tion. Even in law, Banks says, there are things to think about, includingdifferences in procedure, evidence and property. “I did not practice [law],but if I had…I would have needed to study English law and pass the bar[in England].”

Despite the many things to think about when working overseas, Banksseems to have thrived, and he has much advice for anyone who desires towork abroad. “Take good, professional advice to ensure portability of pen-sion, retirement or health positions. [Also], when negotiating salary,remember the cost of trips home.” Finally, “be humble enough to realizethat there are civilizations older than and just as valid as ours,” Banks says,imparting wisdom from more than twenty years traveling the world.

“

Joseph BanksJD ’74SECRETARY GENERAL, CISVINTERNATIONAL [RETIRED], andFREELANCE RISK MANAGEMENTSPECIALIST FOR CHARITIESNewcastle upon Tyne, [email protected]

”

Dena Haggerty JD ’98IT LAWYER, WISEMEN B.V.The Hague, [email protected]


After graduating from Ohio Northern University’s PettitCollege of Law, Dena Haggerty, JD ’98, wasted no time try-ing to find a job. She’s different from many ONU students,however, because her job search began after she moved over-seas. When asked if she was nervous about initially moving

overseas, Haggerty laughs. “Which time?” she asks.

Even before her move after law school, Haggerty was no stranger toEurope. She spent time in Europe as a foreign exchange student and aspart of the military. When she attended law school at ONU, she spent asemester studying abroad in Rotterdam, Netherlands. When she was withthe military, she even met her husband while stationed in Heidelberg,Germany. “Had I not been intending to attend law school,” Haggerty says,“[I] probably would not have returned to the United States.”

Her subsequent return to the United States, though, proved beneficialfor Haggerty. “In the Netherlands, a legal education is completely theorybased. Graduates are completely unprepared to work as lawyers.” She hasalso noticed an important distinction between Americans and Dutch: “Asan American, I expect my people to work hard and stay late if necessary.The Dutch don’t always agree with this attitude and this can lead to strife!”

Haggerty, an IT lawyer for Wisemen B.V., for five years, never imag-ined that she would be working with intellectual property. She now special-izes in intellectual property and corporate law. She recommends keeping anopen mind when considering a career and taking a variety of classes: “HadI known what my future career entailed, I would have definitely takenadvantage of the courses available in [that] area at ONU.”

Haggerty is quick to point out differences between Dutch law andAmerican law. “The Netherlands is a civil law country…the law is morestatic and changes very slowly in relation to the United States.” There isalso a distinction between an attorney and a jurist in the Netherlands; anattorney is one who has studied law, while a jurist is not allowed to litigateand is not required to study law. Also, “in order to litigate, graduates must

do an internship that involves a year of additional classes regarding civil lit-igation,” Haggerty says. A practicing attorney must also supervise graduatesfor a number of years.

While she participates in many aspects of law, Haggerty cannot litigatewith the Dutch courts. She can, however, arbitrate and mediate, and shespends a majority of her time drafting and negotiating agreements, whichinclude standard license agreements and acquisition agreements.

Though she initially had problems with the language barrier, she nowspeaks fluent Danish and often works solely in that language. To anyoneplanning to work in a different country, she suggests “learn[ing] the cul-ture…and learn[ing] a bit of the language even if it’s not strictly necessary.It will open doors and the world.”

What doors? Haggerty laughs. “Our secondary employment benefits areawesome! We get 25 vacation days a year [and] our target for billable hoursis significantly lower than in the U.S. There is a balance between work andsocial life, which is often lacking in the U.S. You are not defined by yourjob here.”

“As an American, I expect my people towork hard and stay late if necessary. TheDutch don’t always agree with this attitudeand this can lead to strife!”

■ Dena Haggerty

Feature

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”


“International affairs and business was always a strong interest tome,” says Roger Saxton, JD ’79. Thirty years after his gradua-tion from Ohio Northern University, Saxton has stayed true tothat interest: in that time, he has spent only five years in theUnited States.

Now a senior lawyer at Sydney, Australia’s O’Neill Partners –Commercial Lawyers, formerly known as Nash O’Neill Tomko, Saxton haspracticed law all around the world. Before graduating, he spent time inTokyo, Japan, working with law firms. “Immediately after graduating fromONU I commenced my first full-time position with a Swedish law firm inStockholm, in the process becoming the first American-trained lawyer tobe admitted to practice in Sweden.” Following that position, he returnedto the U.S. and spent five years practicing in Pennsylvania. He thenreturned to Japan, where he worked for three years, and, in 1989, he washired in Australia and has remained there since.

Since 2006, Saxton has served as special counsel for Nash O’NeillTomko, a boutique business law firm with a focus on corporate insolvencyand reconstruction, as well as litigation. Saxton does not participate inthese areas of the firm, however; he is a senior part of the firm’s growingcorporate and commercial transaction team.

“The majority of my work relates to offshore project development,”Saxton says, pointing out that this has little relation to Australia. “Most ofmy clients are non-Australian corporate entities…[including] a statutorycorporation Japanese government for which over the past six years I haveadvised on more than 40 projects.”

Australia is an important supplier of energy and mineral resources, andSaxton has also spent much of the last five years focusing on mining andnatural resource sectors. This work is close to home for him: “coal miningwas the ‘family business’ for several generations…[so] those sectors aresomething I fully understand from the client perspective.”

Though he has worked in many different countries, each with its own

law system, he has noticed many similarities to U.S. law. “[Australia is]without doubt [the country] with the greatest similarity to the U.S. On somany legal issues Australia and the U.S. have followed parallel paths withlittle difference.” He has, however, noticed that there are significant differ-ences between the two nations. One such difference is taxation: “Australiahas the concept of ‘assessable income,’ such that income which is notassessable income is not subject to income taxation, yielding such results aslottery winnings not being taxed.” There are also subtle differences, soSaxton advises, if one works overseas, “to read legislation doubly carefully.”And though Japan and Sweden presented different situations and prob-lems, Saxton says that he “greatly enjoyed…those working experiences.”

While working overseas can be “a darned good time,” Saxton expressessome hesitancy for those considering work overseas. He points to manyissues, including familial, taxation and financial considerations, that oneshould think about before accepting a position abroad. He also worries thata position overseas may endanger one’s career progression in one’s homedistrict, especially if the overseas position is supposed to be temporary.“Unless one already has a job with a firm that sponsors an overseas second-ment and which will treat the overseas experience at least on a par with theequivalent period of time spent in the home jurisdiction, the cost to one’scareer path may be too great,” Saxton cautions.

Though he expresses concern, Saxton stresses that his overseas work hasbeen incredibly enjoyable and beneficial: “I have enjoyed my overseas expe-rience immensely and would not trade that experience.” His family is closeby at all times; his wife is an office manager for the Australian office of anAmerican software company, and their son is employed by Dell Computersand is currently in charge of the marketing of Dell desktop computers inAustralia and New Zealand.

“While there are potential risks, not for one minute have I regrettedpursuing the career that I have. If you go into the process with your eyesopen and can handle all the necessary adjustments, then by all means, jointhe international club,” Saxton advises confidently.

Roger S. Saxton JD ’79SPECIAL COUNSEL, O’NEILL PARTNERS – COMMERCIAL LAWYERSSydney, [email protected]

“I have enjoyed my overseas experience immenselyand would not trade that experience.”

� Roger S. Saxton


As vice president and general counsel of KVH Co., Ltd. inTokyo, Japan, Sidney Hunt Weeks, JD ’96, and his team han-dle a broad spectrum of internal and external legal matters,both domestic and international. Before taking on such a largerole, Weeks established himself in Japan, working at many

firms and even teaching at Temple University’s Japan campus.

After working in the United States and gaining patent litigation experi-ence at Fitzpatrick, Cella, Harper & Scinto, as well as serving in the legaldepartment of Starbucks Corporation headquarters, Weeks decided hewanted to utilize his international law skills and his Japanese fluency. “Iattended a job fair in Boston and found a job with Toshiba in 1998,”Weeks says. He served as in-house counsel in the Intellectual PropertyDivision of the Toshiba Corporation. Later, he practiced law withAnderson, Mori & Tomotsune and taught classes on topics relating tocyberlaw and contract law at Temple University before finding his job withKVH. He has now lived in Japan for eleven years following law school, aswell as an additional two years prior to attending Ohio NorthernUniversity.

KVH is an IT and communications provider that supplies services bothwithin Japan and internationally. “The past year has been very interesting

and informative in handling the legal and regulatory aspects of opening abranch office in Hong Kong and getting an IVANS license to provide non-voice communications to and from Hong Kong.” KVH has also dealt withIndia in order to allow for increased outsourcing to vendors in India.

Weeks feels as though his experience at ONU aided him tremendously inworking overseas. “Professor Fenton’s courses on international business trans-actions and private international law were a great foundation for internationalpractice.” Other courses that helped Weeks establish the skills he needs werecourses in civil procedure, contracts, torts and corporations and agencies.

Though he was well prepared for an overseas position, Weeks is gladthat he worked in the United States prior to taking up his practice inTokyo. “Get good U.S. law firm experience first,” he advises. “That iswhere you will build your knowledge base, which you will draw on in over-seas work.” Weeks has noticed an interesting attribute to Japanese law:“Litigation is rarely used in Japan.” But one shouldn’t allow such a lack todissuade a position in Japanese litigation. “There are some outstandingJapanese litigators…especially in the IP field.”

Language knowledge is also important, as “they will also set you apart.At my level, all the non-Japanese that I meet are close to being fluent inJapanese, either due to learning before they came here or applying them-selves once they arrived.”

Being so far from the U.S. does have its downside, as Weeks has dis-covered. “I feel as though I am out of touch with what it feels like to be anAmerican these days….I have been [in Japan] during 9/11, the Bush presi-dency and both Gulf Wars.” He is also far from his parents, though he andhis family are often visited by his wife’s parents, who live only 30 minutesaway. His parents also visit every summer, closing the distance a bit. ForWeeks, deciding to work overseas was a “thrilling idea” because “every daywould be a new adventure or a learning experience.” One such new adven-ture was meeting his future wife, Youko, in Tokyo in 1998. His marriage toYouko and the birth of their daughter Grace and sons Louis and James isWeeks’ favorite aspect to his foreign work experience.

Sidney Hunt Weeks JD ’96VICE PRESIDENT andGENERAL COUNSEL, KVH CO., LTD.Tokyo, [email protected]

Feature

“Get good U.S. law firm experience first.That is where you will build yourknowledge base, which you will draw on inoverseas work.”

■ Sidney Hunt Weeks

“

”


As a senator and minority whip for the 30th Guam Legislature,James Espaldon, JD ’03, represents yet another aspect to aneducation in law: politics. The son of a six-time Guam senator,Espaldon was unsure what he would do with his Ohio NorthernUniversity juris doctorate. “When I was at ONU, I was thinking

about going into politics, but I wasn’t sure at the time,” Espaldon explains.“I also thought about being a judge.”

Prior to attending Ohio Northern, Espaldon graduated from MenloCollege in Atherton, California, with a bachelors of science degree in busi-ness administration. Following his graduation, he dabbled in a variety ofareas, including retail management with ABC stores in Hawaii and realestate brokering. His father was a plastic surgeon and his mother was ananesthesiologist, and Espaldon followed in their footsteps by serving as thedirector for facilities services at the Doctor’s Clinic in Guam.

At age 43, though, Espaldon decided he wanted to try something new.After taking the LSAT, he fielded many letters from schools in Hawaii andCalifornia. One of the schools that sent him a letter was Ohio Northern.“I’ve attended schools in both the East and the West,” Espaldon explains.“I thought going to the Midwest would give me a new way to look at theworld.” He also decided that Ohio Northern would not provide the dis-tractions that schools near beaches would provide – namely, “swimmingand body surfing.”

His time at Ohio Northern proved valuable. Espaldon says he learnedmore than just details concerning law: “The analytical abilities I learned atONU have benefited me greatly, even though I didn’t go into law. Beingable to think critically adds dimensions to a person, and Ohio Northernwas really good at helping that thought process thrive.” He also adds thatlegal research skills that he learned have continued to help him as a senator.

Upon his return to Guam, Espaldon served as a law clerk in theSuperior Court of Guam under Presiding Judge Alberto C. Lamorena, III,and was sworn into the Guam Bar in September 2006. By that time,Espaldon was a candidate for the ’06 senatorial race with the blessing of hisfather: “I’d talked about politics before, but it was for all the wrong rea-sons, like fame and getting my name in the paper. After spending long

nights talking to my dad, though, he thought I was finally ready to giveback to the community – which, to him and me, was the right reason.And, at the time, I wasn’t even considering politics, so it came as a surpriseto have that suddenly come back into my life.”

After being elected to the 29th Guam Legislature, Espaldon found him-self the chairman of many different committees, including committees onnatural resources, infrastructure, maritime affairs and tourism. His Filipinobackground helped him win backing from Guam’s largest minority, and hebecame the first senator with Filipino blood. He was later re-elected to the30th Guam Legislature and is considering a run as lieutenant governorduring the next gubernatorial race.

As senator, Espaldon has dealt directly with Guam’s law. “Most Guamlaw is taken from other U.S. states,” Espaldon explains. “When the lawswere written, they were based heavily on where the writers went to lawschool. There are pieces of Texas, California and other states in it. It’s amish-mash of the States, so the general law isn’t too different than in theU.S.”

Some legal differences do exist, though, because of the island’s history.“Some laws are tailored to the island, to preserve land and culture for theindigenous peoples,” Espaldon says. These laws are sometimes controver-sial, as they may be unconstitutional: “They’re bittersweet; they might vio-late the constitution and the American way, but sometimes the Americanway can’t protect indigenous culture. So it’s been difficult to figure outwhat to do with these laws.” Though this controversial topic may be diffi-cult at times, Espaldon says that it is one of the things he has enjoyed mostabout being a senator at this time. “I have the opportunity to become partof Guam’s history,” he says. “Some past rules didn’t serve the overall good,and we need to get rid of those. We need to take on laws that divide usand prepare for our island’s future.”

One aspect of the future of Guam is military activity. The United Stateshas relocated many troops from Okinawa, Japan, to Guam, which has pre-sented the possibility for further problems, especially financial. “The islandcould technically become a third-world country outside the [military’s]fence, and I’ve spent quite a bit of time making sure that doesn’t happen,”Espaldon says. “We need to make sure our infrastructure is strong, and to

James EspaldonJD ’03SENATOR AND MINORITY WHIP, 30th GUAM LEGISLATURETamuning, [email protected]


Feature

W hen he moved, Houser did nothave a job lined up. “I thoughtthat if nothing worthwhile came

up after two years, I’d leave,” Housersays. After applying at various firms,Houser decided to attend StockholmUniversity to get his LLM. Aside from thebooks he had to purchase for classes,the schooling was free. Once he graduat-ed with his master’s degree in Europeanlaw, Houser taught classes at StockholmUniversity and coached the StockholmUniversity European Moot Court. One ofthe teams he coached was awarded thebest oral and written pleas by theEuropean Court of Justice.

In 1998, following his teaching position,Houser found a job at TransLegal, theworld’s leading provider of Legal Englishproducts and services. TransLegal’s in-house staff of lawyer-linguists is thelargest in the world, and Houser, who isfluent in Swedish, fit in well. Starting asa Swedish-English translator, Housermoved his way up to become the direc-

tor of language assessment services.While in this position, he and his compa-ny developed a test that allowed employ-ers to know how fluent their employeeswere in English. He also helped develop,with the help of the University ofCambridge, an international legal Englishcertificate. Many products are availablefor this certification, including a book,co-written by Houser, called“International Legal English,” availablethrough the Cambridge University Press.

Though he does not practice law inSweden, Houser does consult withlawyers and deals with translating legaltexts, so he has noticed many differ-ences between Swedish and Americanlaw. The most noticeable difference isthat Sweden practices civil law, not com-mon law. “With civil law, it’s the law thatwins, not the best argument,” Housersays. “Lawyers [in Sweden] typicallyaren’t as creative as lawyers [in America]because they don’t have to be. Theyread through the law a few times and

once they know the law, that’s it. It does-n’t change as quickly or as often ascommon law.”

Another difference is that lawyers inSweden are very theoretical. “Many ofthe lawyers in Sweden, when they comeout of law school, write like they’re still inlaw school,” Houser laughs. “There’s alot of ‘if this, then this,’ and ‘therefore, Iwould conclude that…’”

“The biggest problem with working over-seas is the language,” Houser says. “Towork in a law firm abroad, you have tohave a firm hold on the local language,because, at the end of the day, languageis the only tool a lawyer has, and if youdon’t have it, you have a problem.”

Though there might be language difficul-ties for some individuals, they can beovercome, and Houser feels as thoughworking overseas has been very benefi-cial. “The food, places, people…it’s allgreat in Europe, and being fromAmerica, it’s nice being the only guy

around that can answer certain ques-tions.”

Prior to moving overseas, Houser prac-ticed for five years in the areas of com-mercial and tort law litigation, includingmany trials and appeals before theSuperior Court of Pennsylvania. “I couldnever have done what I’m doing if notfor ONU,” Houser claims. His ONU expe-rience helped prepare him for U.S. law,and he would recommend, with discre-tion, that an Ohio Northern studentaccept a position overseas. “You have tobe the persistent type. You have to havea clear plan. If you’re questioning beinga lawyer at all, you have to be creative infinding a job. But if you really wantsomething different that’s very reward-ing, I recommend trying overseas work.”

Perhaps the most poignant adviceHouser has applies to both domesticand international work. “Take risks.Lawyers, in general, avoid taking risks.But you have to take risks to get aheadand get enlightenment.”

do that, we need money and security. I’ve personally traveled to the UnitedStates and Japan to ensure that we get the money we need.” Though thereare many potential controversies in the future, Espaldon has enjoyed histime as senator and hopes to continue in politics. He suggests that any lawstudent with a desire for politics “makes sure they have the passion to servethe community and isn’t doing it for the wrong reasons, like fame. As longas you do it for the right reasons and follow your heart, you should be onthe right path.”

“I have to thank Ohio Northern for helping me with a variety ofthings. I made lots of friends, and those friends, along with the ONU fac-ulty and staff, helped me in my time away from home. The school in gen-eral also helped me understand the mindset of a Midwesterner and, whenthat perspective is combined with the perspectives I’ve gained from livingin Guam and attending universities on either U.S. coast, I feel like a reallywell-rounded person.” ■

Robert HouserJD ’90DIRECTOR OF LANGUAGE ASSESSMENT SERVICES, TRANSLEGALSollentuna, [email protected]

“I’m the type of person that, if I decide to do something, I do it,” says Robert Houser, JD ’90.Perhaps one of the most important decisions Houser has made was moving to Sollentuna,Sweden, in 1996 to be with his wife, Helena, a decision he does not regret in the least.


HOMECOMING

FRIDAY, OCTOBER 9, 2009

1–4 P.M. “ETHICS, PROFESSIONALISM & SUBSTANCE ABUSE”*

MOOT COURT ROOM, COLLEGE OF LAW

Continuing Legal Education program sponsored by theCollege of Law and Phi Alpha Delta - Willis Chapter

Registration fee: $65 non-law alum/$50 law alum/$40 Lehr Society law alumRegistration form online at www.law.onu.edu Contact [email protected] or 419-772-3051Deadline to register: October 2, 2009**Advance registration required directly with College of Law.Approved for 2.5 CLE hours including 1 hour Ethics, 1/2 hourSubstance Abuse, and 1 hour Professionalism.

7:30 P.M. LAW DONOR RECOGNITION DINNERHANSON READING ROOM, TAGGART LAW LIBRARY

“Tropical Tundra”HOMECOMING 2009 | October 9-11, 2009

SATURDAY, OCTOBER 10, 2009

10:30 A.M. PARADE11:30 A.M. LAW ALUMNI & FRIENDSTAILGATE PARTYDIAL-ROBERSON STADIUM

Join us under the big-top tent! Law alumni and friendshave a designated area where they can enjoy the tail-gate lunch together.

1:30 P.M. FOOTBALL GAME • ONU VS. HEIDELBERG

The Student Bar Association will hold its Race Judicata on Thursday, October 8, 2009.

The 5K run/walk will begin at 6 p.m. Details available at www.law.onu.edu

In addition to juris doctor degrees, ONUconferred LLM degrees to nine lawyers fromtransitional and emerging democracies who havecompleted a year-long course of intensive studyin the Democratic Governance and Rule of Lawprogram.

A musical prelude began at 1:30 p.m., fol-lowed by the procession of faculty and juris doc-torate candidates.

The Honorable Judith Ann Lanzinger, cur-rent justice on the Supreme Court of Ohio,delivered the commencement address. Elected as

the 150th Supreme Court Justice in 2004,Lanzinger is the only person elected to all fourlevels of the Ohio judiciary. She has served onthe Supreme Court of Ohio, the Sixth DistrictCourt of Appeals, the Lucas County Court ofCommon Pleas and the Toledo MunicipalCourt.

Three ONU Law graduates received hon-orary Doctor of Laws degrees: Jerome L.Skinner, a 1979 graduate from Cincinnati,Ohio, Charles VanDyne, a 1954 graduate fromAlger, Ohio, and Reverend Monsignor James L.

COMMENCEMENT


he 2009 Ohio NorthernUniversity Pettit College ofLaw commencement took

place on Sunday, May 17, at 2 p.m.in the ONU Sports Center. 100 stu-dents graduated. Dr. Kendall L.Baker, Ohio Northern president,presided over the ceremony.

2009 Commencement Ceremony Hostedthe Honorable Judith Ann Lanzinger

Judith Lanzinger, JerrySkinner, Reverend Monsignor

James Reuf, Charles VanDyne,President Baker

T

Ruef, a 1967 graduate from Columbus, Ohio.Academically ranked at the top of her class,

Jana Shearer, L-3, North East, Penn., deliveredthe student address, and David C. Crago, Deanof the College of Law, gave remarks. TheNational Anthem and the benediction were per-formed by Kenitra Alexandra Cavin, L-3,Colorado Springs, Colo., Crystal Okoro, L-2,from Vicksburg, Miss., and Lindsey Miller, L-1,from Little Rock, Ark. Graduating law studentsSean Martin, L-3, Plain City, Ohio, and JohnM. Mujuma, LLM, of Dar Es Salaam, Tanzania,gave the invocation and the spoken benediction,respectively.

Dean Crago, assisted by members of thetenured law faculty, placed the academic hoodupon each candidate, followed by Baker’s presen-tation of the diplomas. A reception for graduatesand families took place in the College of Lawimmediately following the ceremony. ■


Student speakers; Jana Shearer, Sean Martin, John Mujuma and President Baker

LLM graduates

LLM graduate, Janice Misoi, with family members from Kenya

Featured vocalists: Lindsay Miller, Crystal Okoro andAlexandra Cavin

COLLEGE UPDATES


By now, it seems social networking has become the fastest

growing means of communication. Although you may not be

anywhere close to Ada, Ohio, social networking sites provide

you the opportunity to stay connected with ONU Law. Keep

up with your classmates, friends, professors, and current

students of the Pettit College of Law by joining ONU Law

groups on Facebook and LinkedIn. These social networking

sites offer an easy and convenient way to keep in touch

with classmates and professors, as well as to keep abreast

of the happenings at ONU Law and in Ada. View pictures of

the college’s most recent renovation, the Hanson Reading

Room, and see what the Tilton Hall of Law looks like today.

While you’re on LinkedIn, take a minute to read through current discus-sion board items or start a newone of your own. Alumni are alsoencouraged to post job openingsand advise students of law clerkopportunities in their area. Besocial. Be connected.

Take a minute to join the ONU Lawgroups on Facebook and LinkedIntoday.

COLLEGE UNVEILS NEW MARKETING MATERIALSThe College of Law is excited to debut its new marketing materials.Designed by FahlgrenMortine, the new materials are used by the LawAdmissions staff as they travel throughout the country and meet prospec-tive students, pre-law advisors and career services professionals. The newmaterials reinforce the college’s commitment to preparing practicing attor-neys and are supported by collateral materials on our experiential pro-grams and international programs.

Know a student who may be interested in law school?

Let us know! The Office of Law Admissions will send

them an introductory packet about ONU Law. Email

[email protected] for more information.

Being Social at ONU LawONU builds a larger presence online

ON THE WEB @ WWW.LAW.ONU.EDU

CCoommiinngg ssoooonn .. .. .. OONNUU LLaaww oonn TTwwiitttteerr!!

ONU Law’s new marketing booklets are nowavailable…


COLLEGE UPDATES

Class of 2008 AREAS OF PRACTICEPrivate Practice ...........52%

Government .................31%

Business .......................7%

Academic ...................... 5%

Judicial Clerkships .........3%

Public Interest ...............2%

2008 marks the 36th consecutive year thatNALP, the National Association for LawPlacement, has compiled annual statistics on theemployment rate of law graduates throughoutthe United States. Nationally, for the past sevenyears, the ONU College of Law employmentrate has been higher than the national average.The 2008 National Employment Report wasreleased in June 2009 from the NationalAssociation for Law Placement (NALP), with anoverall national rate of 92% employed ninemonths after graduation. Ohio Northern’semployment rate for the Class of 2008 was 94%.

Even though there have been many ups anddowns in the legal job market in 2008, the Classof 2008’s employment rate remained strong. As2008 came to a close, the legal market and jobprospects for the future graduating law studentschanged dramatically. At the end of 2008, thelegal market took a downward turn with lawfirms downsizing and attorney layoffs escalating.

The legal job market continues to be in whatsome call a “crisis,” but even in a crisis situation,there are opportunities that may arise. Indeed, inthis economic downturn or crisis, we are forcedto sift through and sort out what we think willsolve this crisis in the employment world. WhatOhio Northern has always had is a strong con-nection to its alumni, which continues to be ourmost powerful marketing agent for our students.

As alumni, you are our connection toemployment for the students. With the help ofour alumni, our students will be able to survivethis economic crisis and forge ahead to a success-ful legal career. Many ways in which you couldhelp is by mentoring a student, speaking on apanel, networking with students or being aresource for a student in your practice, setting orgeographical location.

Although we continue to report a slight increasein our employment statistics over the national aver-age, 2009 is going to be a very difficult year in thelegal market. This employment rate is due to the

hard work and tenacity on the part of the students,along with the help and support of the faculty andalumni, as well as the continued efforts of theCareer Services Office. These efforts, along withthe current employment success of our alumni,continue to help strengthen the status of the lawschool among employers and increase the demandfor our students. The growing recognition of thequality of our students is demonstrated by theincreasing number of employers using the CareerServices Office to recruit students. In the 2008-09school year, over 600 employers from across thecountry posted job announcements with our office.In addition to posting job announcements withour office, during this past school year over 100offices conducted on-campus interviews at OhioNorthern and another 35 employers participated inour resume collection program. These employerscome from all segments of the legal professionincluding federal judges, The American Lawyer’s100 top corporate firms, government agencies,public interest organizations and corporations. Ourstudents represent over 40 states and their jobsearches span nationwide. The placement statisticsfor the Class of 2008 show the diversity of employ-ment not only in areas of the legal practice, butalso in the employment of our students throughoutthe country.

AREAS OF THE COUNTRYMid-Atlantic...............................................15%East North Central .....................................44%West North Central......................................2%South Atlantic ............................................26%East South Central ......................................6%Mountain ....................................................3%West South Central ......................................2%New England ...............................................2%

Even though the legal market has had a sig-nificant downturn, we continue to have successin our placement rate. We still need to drawupon our alumni network to uncover job leadsfor our students and graduates though.

Even in a Economic Downturn, Ohio NorthernUniversity College of Law Graduates Surpass theNational Employment Rate Seven Years in a RowBy Cheryl A. Kitchen, director of law alumni and career services

If you can assist us in uncovering job leads for our students and graduates,

please let us know. You can do this by calling(419) 772-2249, faxing (419) 772-1487, or

emailing the Office of Career Services [email protected]

Ohio Northern has always hada strong connection to its

alumni, which continues to beour most powerful marketing

agent for our students.

The 2008 National Employment Report was released in June2009 from the National Association for Law Placement (NALP)with an overall national rate of 92% employed nine monthsafter graduation. Ohio Northern’s employment rate for theClass of 2008 was 94%.

TheHansonReadingRoom ondedicationday

COLLEGE UPDATES


Hanson Reading Room DedicationOct. 18, 2008By Nancy Armstrong, director of law library and professor of law

President Kendall Baker

T he dedication for the new

Hanson Reading Room

was held on October 18,

2008, in conjunction with

Homecoming weekend activities.

President Baker and former deans

Daniel Guy, JD ’52, LLD ’05and Al Baillis gave remarks, as did

the Hon. Gerald Meyer, JD’68. Dean Hanson’s two daughters

were there, as were other family

members and friends.


As part of the Hanson Reading Room project, three new

group study rooms were created. They were named forformer dean Dan Guy, JD ’52, LLD ’05, James Pry, JD

’70 and Richard Ferris, JD ’70.The new Hanson Reading Room and its alcoves are used

for a wide range of activities. Students study at the large tablesand relax in the oversized leather seating areas. Seminar classesare held in the teaching alcoves. Professors and students alikeuse the technology in these rooms for their presentations. Thisincludes the use of overhead projectors and screens concealedin the ceilings and hook-ups for computers and the Internetlocated inside the tables. In addition, a real estate class usedthe Blake Alcove for final exam “mock closings” because the

Ohio Supreme Court Justice RobertCupp, BA ’73, JD ’76, with RodneyBlake, JD ’66 and Kara Blake, JD ’04

COLLEGE UPDATES


Looking into the Blake Family alcove

The reading room hasfive new skylights

space created a conference room setting for stu-dents to practice these skills. The Hanson ReadingRoom is also used for special events, such as the“class gift” kick-off event held by the graduatingclass this spring.

The construction company responsible for theHanson Reading Room was Thomas & Markerconstruction, based in Bellefontaine, Ohio, led byproject supervisor Terry Morrison. Furnishingswere provided locally by Jon Bassitt of CountryView Barn (Amish-made tables and chairs) andWestrich Furniture of Delphos, Ohio.

We were delighted to learn this summer thatour portfolio of the Hanson Reading Room con-struction project was selected for the “EducationalInteriors Showcase” sponsored by AmericanSchool & University magazine. Portfolios fromschools around the country will be featured in anonline showcase and in the magazine’s annualarchitecture issue. The portfolio contained thephotographs of Ohio Northern University photog-raphers Jose Nogueras and Ken Colwell, and doc-uments contributed by the project architect SteveMiller from Miller Lecky Architects, Inc. inColumbus, Ohio.

The law library continues its teaching missionand held over 70 legal research workshops in thenewly renovated Supreme Court Alcove. Researchpresentations were also given in seminar classes, forlaw review, for LLM students, and for some of thelaw school’s moot court teams.

Dan Guy

Al Baillis


We’re Celebrating!The Pettit College will reach a milestone in 2010as the college celebrates 125 years of trainingattorneys. The college, which was officiallyestablished at Ohio Northern in 1885, isplanning a number of exciting events to takeplace during academic year 2010-2011.Distinguished speakers, special dedications,alumni events, and symposia are all planned.

Details to come. We hope to see you back inAda for the festivities.

ONU Law Graduates Top the State in Bar PassageStudents who graduated from the College of Law in December, 2008, had a 100 percent passage rate on the Ohio bar examination

administered in February, 2009. This continues the trend of outstanding bar exam performance by Ohio Northern law graduates. In2008, 100 percent of first-time applicants passed the Ohio bar exam in February, followed by 93.3 percent of May graduates on theJuly exam. In 2007, graduates of the college recorded the highest percentage of first-time applicants passing the July 2007 bar, with 95percent of first-time takers passing the exam.

For the most recent administration of the Ohio bar exam, in February, 2009, out of 387 applicants, 237 (61.2 per cent) passed. Ofthe 225 first-time applicants, 77.3 per cent received passing scores.

David C. Crago, dean and professor of law at Ohio Northern, celebrated the continued success of recent graduates of the Collegeon the bar examination: “This accomplishment reflects the hard work of the entire college, but most of all the efforts of these stu-dents.”

The new attorneys were sworn in during a special public session of the Supreme Court on May 18, 2009, at The Ohio Theatre inColumbus.

O“This accomplishmentreflects the hard work ofthe entire college, butmost of all the efforts ofthese students.”

The national and international dimensions ofa challenging curriculum at Ohio NorthernUniversity College of Law are paralleled by anaccomplished, expert faculty and a diverse, multi-talented student body.

The approachable faculty enables students tothrive in a rigorous yet humane environment.We believe students deserve not only academicrigor, but also a personalized and respectfulexperience. Ohio Northern Law has been rankedby the Princeton Review’s Best 170 Law Schools,2008 Edition as one of the top ten schools withthe most competitive law students in the nation.The quality and reputation of our programcontinues to grow as a result of our JD students’scholarship and contributions to the legal field.

The entering class of 2009 promises to be oneof the most academically talented classes in thehistory of the law school. Nearly 1400applications were carefully reviewed in selectingthe members of this class. The 113 first yearstudents hail from 22 states and received theirbachelor’s degrees from nearly 72 differentundergraduate colleges and universitiesthroughout the nation. Although the majority ofentering students are traditionally aged and haverecently graduated from a bachelor’s program, theage range is 20-42. This entering class is over

17% minority. Thesenumbers give ONUthe most raciallydiverse class ever toenroll at ONU Law.

ONU LawAdmissions is committed to the mission ofseeking students who are capable of undertakingthe rigorous study of law and will uphold thehighest standards as citizens and future lawyers.The Fall 2009 entering class is showing greatpromise not only in continuing a rich history andtradition of excellence at the Pettit College of Law,but in demonstrating great potential for being“architects of justice” in a complex and dynamicsociety.

The more traditional pre-law majors inhistory, political science, english and criminaljustice continue to dominate, yet, a very diverseselection of disciplines provides multipleperspectives and a rich forum in which to studythe law.

2009 entering class members have held avariety of jobs including: ■ Court advocate

■ Restaurant server

■ Concierge

■ Paralegal

■ Law library assistant

■ Real estate title officer

■ Research assistant

■ Yacht broker

■ Teacher

■ Case worker

■ Coach

■ Coal miner

■ Computer technician

■ Bank teller

■ Tutor

■ Lifeguard

■ Valet

■ Medical assistant in cardiology

COLLEGE UPDATES


IN-STATE

CaliforniaColoradoDelawareFloridaGeorgiaIllinoisIndianaIowaKansasKentuckyMassachusettsMichiganMinnesotaMissouriNew YorkNorth Carolina

OhioOklahomaPennsylvaniaTexasVirginiaWisconsin

OUT-OF-STATE

The Princeton Review’s Best 170 Law Schools, 2008Edition lists Ohio Northern University Law as oneof the top ten schools with the most competitive lawstudents in the nation.

Entering Class of 2009By Linda K. English, director of admissions and assistant dean

42% of 2009 entering class isfrom Ohio

58% of 2009 entering class isfrom out-of-state

2009 OHIO NORTHERN COLLEGE OF LAW CLASSStudents in the 2009 entering class hail from 22 states:


� Landscapist

� Intern with a senator or congressman

� Pharmacy technician

� Pizza deliverer

� Human rights coalition advocate

� Feminist Majority Leadership Alliance staff

Demonstrations of Service: U.S. Army,Bronze Star, U.S. Navy, National Guard, Boy

Scouts, Special Olympics, Habitat forHumanity, Guardian Ad Litem, Relay for Life,Volunteer, tutors, soup kitchens, SpecialOlympics, Peace Corps volunteer and Katrinarelief volunteers.

The 113 first year students hail from 22 states andhave received their bachelor’s degrees from nearly 72different undergraduate colleges and universitiesthroughout the nation.

International Anticorruption WatchdogAppoints Four ONU LLM Graduates asLead Researchers for Their CountriesGlobal Integrity, a Washington, D.C.-based international anticorruption organization, appointed four ONU LLMgraduates as lead researchers for their respective countries. Alisher Karimov (LLM '08, Tajikistan), GiviKutidze (LLM '07, Georgia), Selcan Mammadli (LLM '09, Azerbaijan), and Liridon Shurdhani(LLM '09, Kosovo) will be leading national teams of journalists, social scientists and other experts in prepara-tion of anti-corruption and good governance national-level assessments for the Global Integrity Report: 2009.

Global Integrity is an independent international non-profit organization that monitors and promotes opennessand accountability. It relies on a network of local experts in 92 countries to generate, synthesize and dissemi-nate credible, comprehensive and timely information on governance and corruption trends around the world.Global Integrity's work is unique in that it seeks toassess the opposite of corruption – good governanceand anti-corruption mechanisms – rather than cor-ruption itself.

The Global Integrity Report is the organization's flag-ship annual publication made up of individual coun-try assessments prepared by local experts. TheReport combines qualitative journalistic reportingwith quantitative data gathering that produce a pow-erful "snapshot" of the strengths and weaknesses ofnational anti-corruption mechanisms. The Report iswidely used by development experts and aid donors,reform-minded governments, private sector investorsand grassroots journalists and advocates to prioritizegovernance challenges and promote anti-corruptionreform efforts.

The LLM program at Ohio Northern includes a spe-cialized course in corruption taught by ProfessorElena Helmer.

Karimov Kutidze

Mammadli Shurdhani

In addition to the moretraditional pre-law majors in

history, political science,criminal justice and English, a

variety of undergraduatemajors are represented

including:Note: 32 majors – the total number reflects thosedisciplines represented as major studies - a significantnumber of students major in more than onediscipline during their undergraduate studies.

Accounting (4)Political Science (39)Psychology (4)History (16)English (10)Criminal Justice (2) Communications (3)Journalism (3)Finance (4) Philosophy (3) Business Administration (7)Economics (3)Mechanical Engineering (2)Pharmacy (2) Liberal Arts (3)Spanish (2)Prelaw (4)

and one each of the following:Human EcologyBiologySociologyElectrical EngineeringSports AdministrationEducationEthnic StudiesInternational RelationsWomen’s Studies


COLLEGE UPDATES

The College of Law is building on the successof its LLM in Democratic Governance and Ruleof Law Program by expanding it to include JDstudents who will receive both degrees at the endof three years. By opting to enroll in the concur-rent program their first year, the students beginimmediately taking courses with the internationalLLM students and participating in speciallyfocused events. The program is limited to six stu-dents per class, and designed to attract highlyqualified students with an international interestwho might not otherwise consider ONU. Theconcurrent students will take all of the non-intro-ductory LLM courses with the international stu-dents, spread out over their three years. This willgive them the opportunity to interact with threeclasses of international students, while complet-ing all the requirements of their JD.

The course of study also includes two sum-mer externships with organizations focusing onbuilding democracy and law reform around theworld. During the first summer, the concurrentstudents will work with organizations in theUnited States, while the second summer will bespent overseas with organizations working on theapplication of development and law reform prin-ciples in transitional countries.

This past summer, the five students in thefirst class had very diverse experiences, highlight-ing the range of opportunities the program pro-vides. Jemel Liverpool spent the summer in NewYork City at the United Nations DevelopmentProgramme headquarters, working in theirDemocratic Governance Group. He worked on avariety of tasks, including the Group’s GlobalThematic Programme on Accelerating Access to

Justice, which exposed him to the work ofUNDP on law reform in countries all over theworld. According to Jemel, the work he did atUNDP allowed him to utilize the legal reasoning,research and writing skills he had learned atONU while examining the causes and factorshindering the effective operation of justice sys-tems in struggling countries.

Nicole Rataski was with Trace International,Inc. in Annapolis, Maryland, an anticorruptionorganization representing major multi-nationalcorporations. She worked on preparing a com-pendium of enforcement actions by the U.S. gov-ernment under the Foreign Corrupt PracticesAct, which required her to review an array ofpleadings and evidence to identify particular cor-rupt practices and their legal implications. Nicolesaid that the LLM course on Competitivenessand Corruption she had at ONU gave her thekind of background she needed to do her work.The lawyers supervising Nicole were veryimpressed by how well informed she was for afirst-year law student.

The three other externs were in theWashington, D.C. area. Ryan Nuss was at theUrban Institute’s Center on InternationalDevelopment and Governance, while GeoffLawson worked with International Relief andDevelopment, a non-governmental organizationworking in over 30 less-developed countries.Daniel Bey was an extern with OhioCongressman Jim Jordan. All five of the studentswill be working overseas next summer, while thenew class of concurrent students will be workingwith these and other organizations in the U.S.next year.

ONU Introduces New Concurrent JD/LLM ProgramBy Howard N. Fenton, director of LLM program and professor of law

LLM Class of 2009 Field Trip to WashingtonEach year, the students in ONU’s DemocraticGovernance and Rule of Law LLM program spend aweek in Washington, D.C., getting a close look atmany of the facets of the American government. Thispast March, the nine students, accompanied bydirector Howard Fenton and assistant director Jean-Marie Kamatali, were introduced to the threebranches of government as well as the internationaldevelopment activities centered in Washington.Highlights of the trip included: hearing oralarguments at the U.S. Supreme Court and meetingwith William Souter, the Clerk of the Court; a half-dayat the World Bank Integrity Vice-Presidency; andmeeting Ohio Senator Sherrod Brown and his staff.The students had extended meetings with officialsfrom the Democracy and Governance Office of the United States Agency for International Development, the Rule of Law section of the United States Institute forPeace and senior staff of the American Bar Association’s Rule of Law Initiative.

The students were given time to visit many of the museums and historic sites in Washington and experience the culture of the city. The visit included a receptionfor the students and friends of the LLM program, as well as Washington area ONU law alumni, hosted by the law firm of Vorys, Sater Seymour & Pease.

Jemel Liverpool

Anne Richardson, director of member services, Trace Internationaland Nicole Rataski


Ohio Northern UniversityCollege of Law held its fifth UnitedStates Supreme Court admissionceremony on June 8, 2009. Theevent began with a reception anddinner at the Hyatt Regency onCapitol Hill with over 110 alumni,family and guests attending. Inaddition, area alumni joined thegroup in celebration of the swear-ing-in ceremony. Dean David Cragowelcomed and congratulated theinductees on their accomplishments.Robert Ryan, JD ’79, and Presidentof the Law Alumni Association, alsowelcomed the group to WashingtonD.C., and impressed upon thegroup the importance of taking partin the ceremony on Monday morn-ing. Johnnie Johnson, JD ’70, wasintroduced to everyone as ourmovant. Johnson then introducedeach inductee and congratulatedthem on becoming members of theU.S. Supreme Court. The eveningwas a huge success. It was a night ofcelebration with the anticipation ofthe upcoming ceremony the nextmorning.

Thirty-three of our graduateswere sworn into the U.S. SupremeCourt in this impressive alumnigroup ceremony. All who partici-pated felt a sense of pride not onlyas being a part of the OhioNorthern group but also as nowbeing a part of the highest court inthe nation. “Equal Justice UnderLaw” – these words, written abovethe main entrance to the SupremeCourt Building, express the ultimateresponsibility of the Supreme Courtof the United States and for anyonewho takes the oath and is sworn intothis Court. Everyone who took partin this ceremony was in awe of theCourt and of what was happening.

The morning began as we loadedthree buses and headed for theSupreme Court. Once we made ourway through security, the group wasescorted to the East ConferenceRoom to gather prior to the ceremo-ny. Security was tight and the rulesof the court were strict, but we wereable to assemble our group of 142inductees, family members andguests into the East ConferenceRoom. Ohio Northern was animpressive group and one of thelargest the Court had ever had for aceremony. Once the inductees werelined-up and escorted into the

courtroom, the ceremony was underway. Once in the courtroom, theinductees of Ohio Northern wereasked to stand and our movant,Johnnie L. Johnson was called bythe clerk to address the court.Johnson proceeded to the podiumand began by saying, “Mr. ChiefJustice and may it please the court, Imove the admission of the followingattorneys.” Each name was called inthe order of the attorney’s state andthen he made a motion to move thegroup. Once the names were readand the motion was made, the ChiefJustice, John G. Roberts, Jr., accept-ed the motion and the inducteesbecame members of the Court.This was a wonderful feeling ofaccomplishment for our graduates.

After the ceremony, the groupwas escorted back into the EastConference Room to gather and cel-ebrate their admission. Followingthe reception, the group was escort-ed to the court room for a presenta-tion by the Curator of the Marshal’sOffice and then to the front stepsfor a group photo. To say it was anexceptional experience is an under-statement.

By Cheryl A. Kitchen, director of law alumni and career services

InducteesCharles Philip Miller ................1972Leonard Jeffery Grill ................1975Gary James Nagle...................1977Clayton Elliott Chong...............1977Rhett W.Burgess......................1979Amanda Ella Pecchioni ........FacultySean Patrick Espy ...................1999Kyle Thomas Thompson .........2001Krystal W. Abbott ....................1988Marna N. Trammell ................2002Brigham M. Anderson ............2004Robert Craig AndersonII..........2005Robert Craig Anderson ............1978William Mack Anderson ..........1977Dennis Mitchell Donnelly.........1976Steven M. Emerick..................2001

Robert C. Folland....................1995Holly Lynne Gleason...............2005William Douglas Hart..............1980Kimberly Sue Kislig.................2003Thomas P. Martin....................1975Margo S. Meola ......................1995James Roger O'Donnell ..........1966Randy L. Reeves .....................1980Phillip Andrew Reid .................1976Peter H. Riddell .......................1973William H. White .....................1967Maryann Joyce Bistline...........1985Susan Kathleen Bowen ..........2003Jay P. Lundy ...........................2004RichardIain Hutson.................2005Emile H. Banks Jr...................1984Thomas B.R. Christenson I.....2004Mary J. Arena .........................1997

ONU College of Law United States Supreme CourtAdmission Ceremony… An Exceptional Experience

Emile H. Banks, Jr., JD ’84, Milwaukee, Wisc. and Johnnie L. Johnson, JD ’70, Memphis, Tenn.

“I am honored to have beenadmitted to the bar of the

United States Supreme Court,and I can only hope to havethe opportunity to argue a

case before the nation’s topcourt during my career.

Seeing the justices in personand being admitted to the barwith fellow alumni and in thecompany of our families made

for a spectacular day inWashington D.C.”

– HOLLY GLEASON, JD '05

“I was honored to be sworn intothe Court. It was truly a

humbling experience to sit inthat court room and think aboutall of the American history that

has taken place there.” –STEVE EMERICK, JD '01

COLLEGE UPDATES


By Lisa Sonia Taylor, director of development, College of Law

On November 1, 2008, Ohio NorthernUniversity publicly launched The Campaign forOhio Northern University’s Tomorrow. This is a$100 million comprehensive campaign to

support the vision of Ohio Northern University’s future thatwill see ONU as a leading, private, student-centeredinstitution of increasing regional and national prominence.ONU will be a diverse, dynamic and unique learning

community offering rigorousprofessional programs inpartnership with the sciencesand the arts to prepare

individuals for lifelong challenges.

The Campaign for Ohio Northern University’s Tomorrow hasfour major funding priorities that are: 1) $20 million forscholarships and student aid; 2) $25 million to enrichacademic programs; 3) $45 million for new constructionand capital improvements; and 4) $10 million to strengthenthe Northern Fund.

The College of Law shares in the vision for ONU’sTomorrow. Our goal is to make the College of Law apreeminent national law school by improving financial aid,strengthening our academic programs and continuing toprovide top-notch faculty and instruction. In keeping withthe Campaign’s priorities, the following are some of theCollege of Law’s fundraising goals:

■ STUDENT AID* The Eugene N. Hanson Reading Room and Fellows Program

Now that the Hanson Reading Room is complete all future donationsto this project will support the Hanson Fellows Program. This programwill honor Dean Hanson’s legacy by providing annual, need-based scholar-ships to students who demonstrate financial need and exemplify academicsuccess. * Loan Repayment Assistance Program (“LRAP”)

We seek to establish a LRAP that will provide financial assistance to lawgraduates who pursue a career in the public interest sector. While the costof legal education escalates, law students are borrowing more to cover theirtuition and expenses and are graduating with more debt. In contrast,financial compensation for attorneys in the public interest sector has stag-nated. The LRAP will assist students who enter public service to eliminatesome or all of their educational debt.

■ PROGRAM ENRICHMENT

* Endowed ProfessorshipsOur mission is to provide the best quality education for our students by

employing a faculty of experienced, well-respected and nationallyacclaimed experts in their field. Endowed professorships will allow ONU

to recruit such high profile scholars to our faculty.* Endowed Lectureships

This endowment will cover the cost of the Dean’s Lecture Series. Thiswill allow the College of Law to invite distinguished law scholars to speakon current issues of national significance.

■ CAPITAL

PROJECTS* Tilton HallClassrooms

We want toimprove the physicalenvironment of theclassrooms by replac-ing tables and seatingand making therooms more comfort-able and inviting.Also, we seek to improve the technological utility of the classrooms inorder to enhance faculty performance and the student experience.* Alumni MootCourtroom

We plan toupgrade the currentcourtroom to allowstudents to explorethe ways in whichtechnology can beused to enhance liti-gation. We hope toredesign the floorplan for more effi-cient use as a courtroom and classroom. Other upgrades on our wish listfor this project include high resolution digital overhead presenters, videoprojectors and monitors and computer terminals.

■ THE NORTHERN FUNDDonations to the Northern Fund allow

the College of Law to meet its most currentand immediate operational needs. Theseoperational costs include financial aid, stu-dent organizations and activities, faculty research, research assistants andalumni events. Further, alumni support of the Northern Fund goesbeyond the obvious monetary benefit; giving statistics are used by founda-tions and corporations to determine grants to the institution and innational rankings to determine alumni satisfaction. Our goal is not only toimprove alumni support of the Northern Fund through greater participa-tion, but also to increase law alumni membership in the Lehr Society.

The Campaign for Ohio Northern University’s Tomorrow

THANKYOU FORYOURSUPPORT

““AAss aa ggoooodd sstteewwaarrdd oofftthhoossee wwhhoo ttrraaiinneedd mmee,, IIffeeeell iitt mmyy dduuttyy ttoo ggiivveebbaacckk ttoo tthhee ppeeooppllee aanndd

iinnsstt ii ttuutt iioonnss tthhaatt hheellppeeddmmee rreeaacchh mmyy ggooaallss,, ssootthhaatt tthhoossee ssaammee ggiiffttssmmaayy bbee sshhaarreedd wwiitthh

ffuuttuurree ggeenneerraatt iioonnss .. II ttiiss eesssseenntt iiaa ll iinn mmyy mmiinnddtthhaatt,, jjuusstt aass wwee oowwee oouurr

ppaarreennttss ffoorr tthheeii rrssuuppppoorrtt aanndd hhaarrdd wwoorrkk,,wwee nneeeedd ttoo iiddeennttii ffyy aannddrreettuurrnn tthhoossee ffaavvoorrss tthhaatt

oouurr uunniivveerrssiittyy aannddpprrooffeessssiioonnaall sscchhooooll ggaavveettoo uuss.. EEaacchh ooff uuss oowweess aaddeebbtt ttoo tthhee eedduuccaattoorrss aatt

OONNUU ffoorr tthhee ppoossiitt iioonntthheeyy hhaavvee hheellppeedd uuss aall ll

aacchhiieevvee..””

THE HONORABLE

BENJAMIN H. LOGAN, II,

BA ’68, JD ’72, LLD ’92

JOIN THE LEHR SOCIETYMembers of the Lehr Society are recog-

nized as the University's strongest support-ers. Members contribute $1,000 or morewithin the fiscal year beginning June 1.Graduates of the last decade may join theLehr Society through the GOLD program ata discounted rate. Benefits include:• Campus-wide parking pass • Athletics passes • Passes to select Alumni events • Tickets to select Freed Center productions • Special recognition honoring all members at a private dinner

during the fall • Discounts on CLEs

For more information about the Lehr and GOLD societies contact theNorthern Fund Office at (419) 772-4022 or the Office of LawDevelopment at (419) 772-2256.


CLASS OF 2009 PRESENTS CLASS GIFT

In a show of support for Ohio Northern University’s Tomorrow, class of2009 pledged over $10,000 toward the Campaign for their senior classgift. Departing from the usual support of discrete capital projects, theclass of 2009 thought that it was moreimportant to show support for the future ofthe law school and encourage other alumni todo the same. The College of Law is gratefulfor their efforts and congratulates them ontheir success.

Ways to SupportThe College of Law is grateful to our alumni for its past support and invites youto be a part of Ohio Northern University’s Tomorrow. You can support theCampaign by:

* Making an outright gift

* Becoming a contributor to the Northern Fund for the College of Law or increasingyour current level of support

* Taking advantage of deferred gift options

For more information about the Campaign for Ohio Northern University’s Tomorrowand the College of Law Campaign priorities, please contact the Office of LawDevelopment at (419) 772-2256 or e-mail [email protected]

FEATURED SPEAKERS


By Louis F. Lobenhofer, professor of law

Edward Kleinbard, chief of staff of theCongressional Joint Committee on Taxation, dis-cussed “The Role of Tax Expenditure Analysis inthe Legislative Process” in the 2009 Laurence NealWoodworth Lecture on Federal Tax Law andPolicy on May 7 in Washington, D.C. Kleinbard’slecture was both entertaining and insightful, and itled to later discussions during the ABA TaxSection’s May meeting on the following two days.

Kleinbard, as chief of staff of the JointCommittee, is generally considered to hold themost influential staff position on tax matters in thelegislative branch of the federal government. Dr.Woodworth was the chief of staff of the joint com-mittee for fifteen years, and is still revered, morethan thirty years after his death, as the model formembers of the Congressional tax staffs. Beforejoining the Joint Committee Staff in 2007,Kleinbard had established himself as one ofAmerica’s finest tax lawyers with Cleary, Gottliebin New York. The Woodworth lecture wasKleinbard’s last major speech before leaving theJoint Committee staff to join the law faculty at theUniversity of Southern California.

Tax expenditures are provisions in the tax code,sometimes referred to as “targeted tax relief,” thatare really spending programs in the guise of taxdeductions, exclusions or credits. Following onthe work of Stanley Surrey, professor at theHarvard Law School and former AssistantSecretary of the Treasury for Tax Policy, the Joint

Committee staff has published an annual report oftax expenditures since the 1960s.

Kleinbard pointed out just how much taxexpenditures create complexity in the tax law, dis-tort tax policy making and, indeed, enhance thepower of the tax-writing committees of Congressin comparison to other Congressional committees.Kleinbard began with the commonplace observa-tion that tax expenditure provisions create much ofthe complexity that everyone decries in the tax sys-tem, as well as creating a perception of unfairnessin the tax system. He also pointed out that taxexpenditures distort the tax-writing process.Lowering the tax burden on some taxpayersthrough tax expenditures leads to tax burdensincreasing on other taxpayers, causing us to haverelatively high tax rates to produce the revenues tosupport our government. In the tax-writingprocess, the passing of new tax expenditures leadsto the search for new tax rules to “pay for” taxexpenditures, rather than funding other prioritieslike simplification or lower tax rates. In perhapsthe most interesting part of the lecture, Kleinbardpointed out that tax expenditures amount toapproximately twice as much money as amountthat Congress appropriates for discretionarydomestic spending. This makes for incoherentpolicy-making by Congress and also gives the tax-writing committees out-sized influence on domes-tic policy-making in all fields. You will be able tofind an enlarged version of the lecture in both TaxNotes magazine and in the Ohio Northern LawReview later this year.

The Woodworth Lectures honor Dr. LaurenceNeal Woodworth, BA ’40, a graduate of ONU ineconomics who served as both Chief of Staff of theJoint Committee on Taxation and AssistantSecretary of the Treasury for Tax Policy before hisuntimely death in 1977. In addition to his workon the Joint Committee, Woodworth also foundtime to serve as a trustee of Ohio Northern and asa mentor to a generation of tax professionals whohad a major impact on the tax bar, bench, acade-mia, and in government. The funds that supportthe lecture have come from Woodworth’s friendsand former colleagues. Two of Woodworth’s chil-dren, Larry and Esther Woodworth, JD ’82, agraduate of the College of Law, attended this year’slecture, as did prominent members of the tax bar,Tax Court judges, tax professors, journalists andpublic servants.

WOODWORTH LECTURE

Kleinbard Delivers 2009 Woodworth Lecture

Ohio Northern University was proud to hostProfessor Pamela S. Karlan as its guest speaker forthe 2008-09 Kormendy Lecture. Her presentation,“Bullets, Ballots and Battles on the RobertsCourt,” focused on recent Supreme Court deci-sions in the voter identification case and theWashington, D.C. guns case. She examined someof the major potential fault lines on the RobertsCourt and how the justices used evidence whileconsidering constitutional rights.

Karlan is a Standford Law School professor, scholar and award-winningteacher. She has co-authored three leading casebooks on international law andmore than four dozen scholarly articles, and is frequently featured as a com-mentator on legal issues on programs such as “The NewsHour with JimLehrer.”

Karlan is also the founding director of Stanford Law’s Supreme CourtLitigation Clinic, which allows students to litigate live cases before the court.As one of the nation’s leading experts on voting and the political process, shehas served as commissioner on the California Fair Political PracticesCommission and an assistant counsel and cooperating attorney for theNAACP Legal Defense Fund.

Karlan’s name was mentioned as a possible solicitor general candidate forthe Obama administration.

ONU’s College of Law established the Kormendy Lectureship in 1987through an endowment established by Helen E. Kormendy, widow of Dr.Steven W. Kormendy, LLD ’85, JD ‘28. The Dr. Steven W. Kormendy andHelen E. Kormendy Law Lecture Fund is used each year to bring prominentindividuals to campus to address relevant, topical matters of law.

Dr. Kormendy, who died on Jan. 6, 1985, graduated from ONU’s Collegeof Law in 1928 and was posthumously awarded an honorary LLD degree in1985. The Ohio State Bar Association honored him for 50 years of law prac-tice, and he was active in the Hungarian community in Cleveland.

Past Kormendy lecturers include U.S. Supreme Court Justice ClarenceThomas, U.S. Senator Orin Hatch, former Attorney General Ramsey Clarkand Harvard Law School professor David Kennedy.

KORMENDY LECTURE

Karlan Featured as Kormendy Lecturer

2009 KORMENDY LECTUREOctober 28, 2009“Who Judges? Who Cares? History Now and Then”Professor Barbara Aronstein BlackGeorge Welwood Murray Professor Emerita ofLegal History Dean Emerita, Faculty of Law Columbia University School of Law

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Louis Lobenhofer, professor of law, Esther Woodworth, JD ’82,daughter of Laurence N. Woodworth, Edward Kleinbard, speaker,and Larry Woodworth, son of Laurence N. Woodworth

Pamela S. Karlan

The Dean’s Lecture Series was established in2004-05 to enhance the intellectualenvironment within the College of Law andencourage scholarly discussion amongstudents, faculty and visiting scholars.

This year’s Dean’s Lecture Series brought tocampus five acclaimed legal scholars. On Sept.11, two prominent international political scien-tists, one from Mexico and one from Canada,discussed how the race between SenatorsMcCain and Obama was viewed from theirrespective countries and the concerns Mexicansand Canadians had about the presidential elec-tion and its outcome. The discussion was enti-tled, “The Presidential Election in the NorthAmerican Context: The Views from Canada andMexico,” and was the first in this year’s Dean’sLecture Series.

Gustavo Vega-Canovas is a widelypublished scholar inthe areas of interna-tional political econo-my and internationaltrade regulation,focusing on U.S.-Mexico relations. Hehas been a visitingprofessor in theUnited States at Yale,Brown and Duke, aswell as the Universitiesof North Carolina and Washington. He receivedhis LLM from the National AutonomousUniversity of Mexico and his Ph.D. in politicalscience from Yale University.

Gilbert R.Winham has been onthe faculty atDalhousie Universitysince 1975. He hasserved on a wide rangeof Canadian andinternational advisorybodies on internation-al trade relations andpublished widely on

NAFTA and WTOissues. He is a fellowof the Royal Society ofCanada and has beena visiting fellow at theWoodrow WilsonCenter for Scholars,the Johns HopkinsSchool of AdvancedInternational Studies,the Center forInternational Affairs atHarvard Universityand the Brookings Institution. Winham receivedhis AB from Bowdoin College, his diploma ininternational law from the University ofManchester, England, and his Ph.D. from theUniversity of North Carolina, Chapel Hill, inpolitical science.

On Sept. 22, Daniel J. Rohlf presented “Offthe Record: The Stealth Attack on JudicialReview of Federal Agencies’ EnvironmentalDecision-Making.” Rohlf is an associate profes-sor of law at Lewis & Clark Law School inPortland, Ore. He also serves as director of thelaw school’s environmental law clinic, the PacificEnvironmental Advocacy Center (PEAC).Rohlf ’s courses include: Wildlife Law; Law,Science and the Environment Seminar; CivilProcedure, an Endangered Species Act summerseminar; and Legal Ecology, an interdisciplinaryfield-based summer course. His scholarshipemphasizes protection and management of bio-diversity and the interconnections between lawand science. Rohlf has published widely on bio-diversity management and conservation, includ-ing a book on the Endangered Species Act. Hiswork with PEAC emphasizes litigation under thefederal Endangered Species Act, including casesinvolving conservation of grizzly bears andPacific salmon. Rohlf received his undergraduatedegree in geology

from ColoradoCollege and his JDfrom Stanford LawSchool.

On Jan. 22,Heather K. Gerkenpresented “Buildingthe Election SystemWe Deserve.” Gerkenis a professor of law atYale University in NewHaven, Conn. She haspublished numerousarticles on election law and constitutional theoryin Harvard Law Review, Stanford Law Review,The Yale Law Journal, Columbia Law Review, RollCall, Legal Affairs, Legal Times, The New Republicand elsewhere. She has served as a commentatoron election controversies for a number of mediaoutlets, including The New York Times, The NewYorker, NPR, “The NewsHour with Jim Lehrer,”CNN, MSNBC and NBC News.

Gerken’s research centers on questions ofapplied democratic theory, including the rolegroups play in a democratic system, the transla-tion of institutional design choices into manage-able legal doctrine and the values associated withminority-dominated institutions. Her mostrecent scholarship explores questions of electionreform, diversity and dissent. Gerken’s proposalthat Congress establish a Democracy Index – anational ranking system of state election per-formance has been incorporated into separatebills by Senators Hillary Clinton and BarackObama and has been the subject of a conferencesponsored by the Pew Foundation, the JoyceFoundation and AEI-Brookings. The proposal isthe subject of her forthcoming book, “TheDemocracy Index: Getting from Here to Therein Election Reform,” which will be published byPrinceton University Press in spring 2009.


2009-10 DEAN’S LECTURE SERIESOctober 1, 2009Professor Kathryn AbramsHerma Hill Kay Distinguished Professor of LawUniversity of California Berkeley Law

January 28, 2010Professor Keith AokiUniversity of California-Davis School of Law

February 24, 2010Professor Daniel HamiltonUniversity of Illinois College of Law at Urbana-Champaign

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DEAN’S LECTURE SERIES

Series Brought Legal Scholars to Campus

Gilbert R. Winham

Gustavo Vega-Canovas

Daniel J. Rohlf Heather K. Gerken

FEATURED SPEAKERS


Charles A. DeMonaco, JD ’74,discussed the Exxon Valdez oil spilland the Everglades litigation andrestoration cases that involve complexissues of environmental law, parentaland corporate liability and federalcourt practice, on March 16, 2009.The event, sponsored by theEnvironmental Law Society, was freeand open to the public.

DeMonaco concentrates his prac-tice in securities litigation and direc-tor and officer liability, corporatecompliance and governance, environ-mental law, health care law, commer-cial litigation and white collar crimi-nal defense. In addition to providinglegal representation to both corporateand individual clients in the privatesector, he is providing representationin federal civil litigation regardingrestoration of the Florida Everglades.Charles has also represented clients incomplex litigation, including allega-tions of breaches of fiduciary dutiesand corporate waste, federal securitiesfraud litigation, a Bivens cause ofaction against federal prosecutors,Qui Tam litigation and other com-mercial and white collar litigation.

Before joining Fox Rothschild,

Charles was a partner at Dickie,McCamey & Chilcote. Prior to that,he served as an Assistant DistrictAttorney in Allegheny County formore than seven years, Assistant U.S.Attorney for the Western District ofPennsylvania for more than six yearsand as Assistant Chief of theEnvironmental Crimes Section of theU.S. Department of Justice inWashington, D.C., for more thannine years. During his tenure withthe Justice Department inWashington, D.C., Charles served aslead counsel for the United States inthe criminal prosecution of U.S. v.Exxon and Exxon Shipping Co. forthe massive 1989 Exxon ValdezAlaska oil spill. The $1.1 billioncriminal and civil settlementsobtained by the government repre-sented the largest comprehensive set-tlement in the history of law enforce-ment. Charles has also prosecutedmajor environmental cases inPittsburgh, Miami, Anchorage, SanJuan and Washington, D.C.

Charles has made more than 50professional presentations to govern-ment employees, the environmentalregulated community and attorneys.

He is the co-author of anarticle on cor-porate officerresponsibilityprinted in theEnvironmentalLaw Reporter.In addition, hehas been quot-ed in The WallStreet Journal, The New York Timesand other national media.

Charles has served on facultiesand made presentations and submit-ted papers to the American BarAssociation, ALI-ABA, the PacificAdmiralty Conference, the PracticingLaw Institute, the Allegheny BarAssociation and the Pennsylvania BarInstitute. He was profiled by theEnvironmental Law Institute in theEnvironmental Forum inMarch/April 1999 regarding his workon the Exxon Valdez litigation andhis current practice. He also served asmoderator of the Corporate LegalTimes Roundtable on the topic,“Corporations are Striving to do theRight Thing,” published inNovember 1999. He is scheduled to

be on the faculty of the ABA 23rdAnnual National Institute on WhiteCollar Crime in San Francisco, CA,in March 2009. In January 2003,Charles joined the adjunct faculty atthe University of Pittsburgh Schoolof Law and teaches Conflict of Laws.

Charles is the recipient of numer-ous awards including the prestigiousAttorney General’s DistinguishedService Award, the U.S. AttorneyDirector’s Award for SustainedSuperior Service, the U.S.Department of Labor Award, theU.S. Department of Transportation –United States Coast GuardMeritorious Public Service Awardand the U.S. Department of JusticeSpecial Achievement Award andCertificate of Commendation forthree separate prosecutions. Hereceived letters of recognition fromtwo Attorneys General and two FBIDirectors. He was listed in the 2007and 2008 Pennsylvania SuperLawyers for Securities Litigation.Charles was also selected for inclusionin Best Lawyers in America for WhiteCollar Criminal Defense in 2009.

Law Alumnus Discusses Complex Issues of Environmental Law

Charles A. DeMonaco

Phi Alpha Delta focused its 2008 CLE pro-gram on Ethics, Professionalism and SubstanceAbuse. Seventy-five registrants were in attendance.The program was held on October 17 in conjunc-tion with Ohio Northern University’sHomecoming activities.

Scott R. Mote opened with a lecture on“Substance Abuse, Chemical Dependency andMental Health Concerns in the Legal Profession.”Mote is the executive director of the OhioLawyers Assistance Program, an Ohio nonprofitorganization. A recovering alcoholic since Jan. 7,1985, Mote began volunteering with the OhioState Bar Association’s Lawyers’ AssistanceCommittee in late 1985. Mote has made over 350presentations to lawyers, judges and law students,including the annual conventions of the OSBA,the Ohio Judicial Conference and the NationalOrganization of Bar Counsel. He has facilitatedover 100 interventions and oversees four otherchemical dependency and mental health profes-sionals. The OSBA presented Mote its highestaward for service to the profession, the Ohio BarMedal, in May of 2006.

Professor Kevin D. Hill next presented a lec-ture on “Lawyers as Objects of Scorn in UrbanLegends: Professionalism in the Age of the

Internet.” ProfessorHill joined the Collegeof Law in 1985. Priorto joining the faculty,he was a teaching assis-tant to formerSupreme Court JusticeArthur J. Goldberg,clerk to federal JudgeWilliam O. Bertelsmanand teaching fellow at the Temple UniversitySchool of Law, as well as a private practitioner.Hill has published numerous articles on environ-mental law and has drafted a set of model juryinstructions for use in federal court. His teachinginterests include Civil Procedure I & II,Toxicological Liability, Evidence, Federal Courts,Environmental Law, Complex Litigation, BusinessAssociations, Trial Advocacy, Conflicts of Law andAdministrative Law. He has been recognized withthe Student Bar Association Award for TeachingExcellence in 1986-87, 1987-88, 1990-91 and theDean’s Award for Outstanding ClassroomTeaching in 1992-93 and 1996-97.

Steven K. Nord, BA ’81, closed the lecturesby presenting “Securing Your Client’s ElectronicData: Ethical and Practical Considerations.”

Steven K. Nord is a partner with Offutt Nord,PLLC in Huntington, W. Va., where he has ageneral civil litigation practice and represents indi-viduals, corporations and municipalities in litiga-tion involving transportation, health care, profes-sional negligence, insurance, personal injury andemployment issues. His recent presentations havebeen on topics related to ethics and employmentlaw. Nord was named West Virginia LawyerCitizen of the Year in 2007 and a West VirginiaSuper Lawyer in 2007 and 2008. Nord serves onthe Board of Directors for the West Virginia BarFoundation and on the Board of Governors forthe West Virginia State Bar.

Kevin D. Hill Scott R. Mote Steven K. Nord

Phi Alpha Delta Presents Ethics, Professionalism and Substance Abuse


JENNIFER BOYER, L-2Canonsburg, Penn.Hancock County, Ohio Office of the Public Defender

THOMAS BURKHART, L-2Mercer, Penn.Mercer County, Pennsylvania Office of the Public Defender

CHASE CARTER, L-1Bainbridge, OhioRoss County, Ohio Office of the Prosecutor

JILLIAN COPELAND, L-2Mays Landing, N.J.Atlantic County, New Jersey Office of the Prosecutor

EMILY JURMU, L-1Escanaba, Mich.Office of U.S. Attorney in Phoenix, Ariz.

CHRISTINE PFISTER, L-2Hudson, OhioChicago, IllinoisLegal Clinic

IAN WEBER, L-1Defiance, OhioNeighborhood Legal Services AssociationPittsburgh, Penn.

JEROME WILLIAMS, JR., L-2Valley Stream, N.Y.Sugar Law Center for Economic & Social Justice

Summer Public InterestStipends Awarded

Law students at Ohio Northern University College of Law continue thehistory of public service. Many students enter law school with the desire towork in the public sector and to make a difference in the world by “doinggood” for our society. Despite their good intentions, very few studentsactually go into the public sector area of law after law school. Only abouttwo to four percent actually end up in public interest law after graduation.

For the past 12 years, the Office of Law Alumni & Career Services atOhio Northern University College of Law has sponsored a Public InterestAuction to support students who want to pursue a public interest career andwho volunteer their time during the summer. Each year businesses fromthe area, as well as individuals, donate items for the auction. The auctionprovides the funds for students to participate in legal positions over thesummer in the public service sector. No salaries are paid for these positions,but students receive a stipend to help with their expenses. In the past 11years, we have raised over $60,000 and have been able to award stipends to58 students.

The annual auction has grown each year and we encourage its expan-sion, which allows even more students the opportunity to gain valuableexperience in the public service area of law. In the summer of 2009, sevenmore students were each awarded a $1,000 stipend for their volunteer workover the summer. This summer law students will serve in many areas withpeople desperately in need of legal representation who cannot afford it.

The next Public Interest Auction willbe held this fall. To donate items forthe auction or to provide financialsupport, contact Cheryl Kitchen at(419) 772-2249 or [email protected]

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These students, along with those who have gone through the program inthe past, are dedicated to public service. We continue to encourage ourstudents to participate in making a difference and affecting social change.

PUBLIC INTEREST STIPEND RECIPIENTS

Summer ScholarResearches TortureThis summer, Steven Kochheiser, BA ’06, L-1,Lexington, Ohio, was involved in a unique projectgiven to one student every year at the College of Law.Each spring, an outstanding first- or second-year lawstudent is selected for the ONU Pettit College of LawSummer Scholar Award. This student spends thesummer working with a member of the law faculty ona substantial research project. Students in the top 15percent of their class are invited to apply. The select-ed student is chosen for his or her research and writ-

ing skills. One faculty member is chosen each sum-mer to work with the Summer Scholar and is encour-aged to undertake a new project or expand the scaleof a current project.

Kochheiser worked with Professor Michael Lewis inresearching potential liability under domestic andinternational law for the treatment of War on Terrordetainees. He began his research by analyzing therecently declassified “Top Secret” memos regardingthe treatment of War on Terror detainees to betterunderstand the policies and procedures in place. Hethen reviewed these documents in context of prece-dent set during previous conflicts to determine what,if any, liability for detainee treatment exists underdomestic or international law.

According to Kochheiser, “This was an excellentopportunity to fully review and consider leading legalresearch and discourse surrounding such a funda-mental aspect of the War on Terror.”

To become the sum-mer scholar, a studentmust go through ahighly competitive inter-view process. But thereward is worth it, witha $300 stipend, anhourly wage and evena three-credit classhour stipend.

Steven Kochheiser


STUDENT ACTIVITIES

This year’s Moot Court programwas a great success. The year kickedoff with the annual Burke E. SmithCompetition, the intra-schoolmock trial competition. Teams oftwo law students practiced anddeveloped their trial advocacy skillswhile competing for cash prizes in

a courtroom environment. In the final round, Daryl Manns, L-3, ofWarner Robbins, Ga., and Sarah Williams, L-3, of Marysville, Ohio repre-sented the prosecution and Alexandra Cavin, L-3, of Colorado Springs,Colo. and Keesha Warmsby, L-2, of Atlanta, Ga. represented the defense.For the first time in the history of the competition there was a tie betweenthe final two teams for first place.

The Ohio Northern Moot CourtProgram is composed of six nation-al competition teams. The ONUFall team was the first team tocompete. The team competed inthe Association of the Bar of theCity of New York National MootCourt Competition against 30teams in Lansing, Michigan. This

year’s team included Sachin Gadh, L-2, of Lake Grove, N.Y., MelanieMartin, L-3, of Fostoria, Ohio, and Shannon McAlister, L-2, ofBridgeville, Penn. The team was coached by Anthony McMullin, L-3, ofSt. George, Utah, and advised by Professor David Raack.

ONU Tax Team In February, the ONU Tax Teamcompeted in St. Petersburg, Fla. atthe Florida Bar Association NationalTax Competition, where they werefirst runner up for best brief, beatingout 14 other teams. Tom

Hillegonds, L-3, of Ada, Mich., Randall Petrouske III, L-2, of Tomahawk,Wisc., and Brett Schlender, L-2, of Stevensville, Mich. represented this year’steam. The team was coached by Andromeda McGregor, L-3, Nebraska City,Neb., and advised by Todd Kholerieser, JD ‘01.

Philip C. Jessup International Moot Court TeamThe next team to compete was the Philip C. Jessup International Moot CourtTeam. The Jessup Competition is internationally known and is the only com-petition that enjoys participation by nearly every law school in the UnitedStates and abroad. This year the team took seventh overall best brief andTyler Haslam, L-2, Bluffton, S.C., received an individual award as the 20thbest oral advocate, beating out many other students. This year’s team includ-ed Joseph Ahlemeyer, L-2, of Athens, Ga., Brian Anderson, L-2, of Johnson

Creek, Wisc., Tyler Haslam, L-2, ofBluffton, S.C. and Keesha Warmsby,L-2, of Atlanta, Ga. The team wascoached by Gregory Behringer, L-3,of Hampton-Cove, Ala., and advisedby Professor Howard Fenton.

ONU Trial Team The ONU trial team competed inthe Texas Young LawyersAssociation National Mock TrialCompetition Team. The teamincluded Tom Burkhart, L-2, ofMercer, Penn., Nick Laudato, L-2,of Mentor, Ohio, Sean Mott, L-2,

of Biglerville, Penn., Luke Overymeyer, L-2, of Groveport, Ohio, MeganSchenk, L-2, of Lima, Ohio, and Sarah Williams, L-3, of Marysville, Ohio.The team was coached by Meaghan McGuirk, L-3, of Johnstown, Penn.,and advised by Professor Sherry Young.

ABA Team This year the American BarAssociation Team competed in theABA National Appellate AdvocacyCompetition in St. Louis, MO.The problem for the competitiongenerally focuses on an issue ofconstitutional law. This year’s team

went 3-0 and advanced to the semifinals, placing 6th out of 31 teams.This year’s team included Rachel Kasper, L-2, of Hunlock Creek, Penn.,Anna Marin Russell, L-2, of Atlanta, Ga., and Joe Sellers, L-3, ofHamburg, N.Y. The team was coached by Jason Flower, L-3, of Pittsburgh,Penn., and advised by Professor Toni Clarke.

ONU Constitutional Law Team The final team to compete was the ONU Con Law Team that competed inthe National Constitutional Law Moot Court Team. This year’s teamincluded Alexandra Cavin, L-3, of Colorado Springs, Colo., JillianCopeland, L-2, of Mays Landing, N.J., Chantal St. Fleur, L-3, of SouthLancaster, Mass., and James Vachachira, L-2, of Naperville, Ill. The teamwas coached by Esther SanInocencio, L-3, of Clarksville, Tenn., andadvised by Professor Joanne Brant.

MOOT COURT

2008-09 Year in ReviewBy Keesha Warmsby, L-2, incoming chief justice, Moot Court

The 2009-2010 executiveboard is Keesha Warmsby –Chief Justice; Anna MarinRussell – AdministrativeJustice; Tom Burkhart – Presiding Justice; TylerHaslam – Associate Justice; Rachel Kasper –Associate Justice; Luke Overmeyer – AssociateJustice; and Brett Schlender – Associate Justice.


By Joseph M. Calimeri, L-2, Jamestown, N.Y.On March 20, 2009, the Ohio

Northern Law Review, with the sup-port and assistance of the Fred L.Carhart Memorial Program in LegalEthics, held the 32nd Annual LawReview Symposium. The symposium,“The Role of Ethics in the CorporateLandscape,” was a great success asmany faculty, practitioners, studentsand legal scholars gathered to take partin the event. The 2008-2009Symposium Editor, Rebecca Newman,worked in conjunction with the LawReview and the Dean’s office to organ-ize and host the event.

This year’s event marked the firsttime that the Law Review teamed upwith the Fred L. Carhart MemorialProgram in Legal Ethics. The CarhartProgram was established at the Collegeof Law in 2007. The program bringseminent scholars, jurists and lawyers toOhio Northern to actively engage inlectures, seminars and panel discus-sions for the benefit of our students.The Carhart Program funds lecturesand symposia in alternating years.

Professor Joanne Brant moderatedthe symposium. Brant is a distin-guished professor of law at OhioNorthern and is a former clerk forChief Judge Pierce Lively of the U.S.Court of Appeals for the Sixth Circuit.Her excellence in legal scholarship anddedication to professionalism haveprovided her the oppor-tunity to serve on theAttorney General’sEthics and ProfessionalResponsibility AdvisoryCouncil, the ABA siteinspection team, and aschair of the AALS

Section on Law and Religion in 2001. To begin the program, professor

Leonard Gross of the University ofSouthern Illinois Schoolof Law gave his presen-tation on “Duties Owedby Corporate Counselto MinorityShareholders in CloselyHeld Corporations.”The focus of his presen-tation was on the dutiesowed by counsel to cor-porations and minority shareholdersrespectively. Gross argued, through theuse of case law and particular ABArules, that corporate counsel owes itsprimary obligation to the corporation.Additionally, Gross talked about vari-ous sub-topics including joint privi-lege, liability to third parties and liabil-ity for assisting controlling sharehold-er’s breach of fiduciary duty.

Next, Lynn Lieber, a graduate ofSanta Clara University School of Law,seasoned employment law attorney,nationally recognizedspokeswoman on ethicsand the founder ofWorkplace Answers Inc.,gave her presentationentitled “HR’s ProactiveRole in WorkplaceEthical Issues.” Thepresentation focused onhow and what corporate actions HRdepartments should take in order tocomply with federal regulations, suchas, The Sarbanes-Oxley Act, TheGramm Leach Bliley Act, The ForeignCorrupt Practices Act and antitrustlaws. Lieber maintains that in order toreduce ethical violations and corporateliability, it is imperative that human

resource practitioners have knowledgeof ethics-related laws and play a pivotalrole in their everyday enforcement inthe workplace.

After the luncheon,Leonard Bucklin, a well-known author and fac-ulty member of theRound Table Scholarsand the principal ofCorporate Ethics, gave apresentation entitled“More Preaching, FewerRules: A Process for the CorporateLawyer’s Maintenance of CorporateEthics.” Bucklin argued that the cor-poration is not a person capable ofmaking moral decisions. Rather, hespoke and emphasized the importanceof individual moral values and moraldecision making in the corporate land-scape.

Carolyn Lindsey, adirector of member serv-ices for TRACEInternational Inc. andadjunct professor of lawat George WashingtonSchool of Law, followedwith a presentation enti-tled “More than you Bargained For:Successor Liability under the U.S.Foreign Corrupt Practices Act.” Thepresentation began with an in-depthlook at the historical context and ele-ments of the FCPA, followed by a dis-cussion on successor liability in theFCPA context and the DOJ’s role inenforcing the regulation. To end the

presentation, Lindsey provided theaudience with practical steps that canbe used to reassure compliance withFCPA regulations.

To close the event,Mason Evans and EricGallon, both attorneyswith the Columbusoffice of Porter WrightMorris and Arthur LLP,provided the audiencewith a joint presentationentitled “Slip-Ups andSafety Nets: TheProcedural EthicalImplications ofInadvertent Disclosureof Privileged orProtected DocumentsUnder Ohio Law.” Thepresentation focused on the proceduraland ethical obligations an attorneyfaces when privileged information isinadvertently disclosed. Specifically,the presenters spoke about the eviden-tiary implications of inadvertently dis-closed information and compared dif-ferent jurisdictional approaches andlaws throughout Ohio.

The annual symposium is present-ed for the purposes of attractingprominent speakers, who provideinteresting and important discussionon significant issues in the legal field.If interested, each symposium speakerwill have their presentations publishedin the upcoming edition of the OhioNorthern Law Review.

2009 Symposium Sheds Light on Ethical Issues in the Corporate Setting

Gross

Gallon

EvansBucklin

Brant

Lieber

Lindsey

If you are interested in submitting any articles for publication in theOhio Northern University’s Law Review, please contact Lead ArticlesSolicitation Editor, Matthew Oyster at [email protected]

THE 33rd ANNUAL LAW REVIEWSYMPOSIUM WILL BE HELD AT OHIONORTHERN PETTIT COLLEGE OF LAWON MARCH 19, 2010.

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Anthony J. Celebrezze Competition In the spring, second-and third-yearlaw students were invited to competein the intra school appellate competi-tion, the Anthony J. CelebrezzeCompetition. The competition isnamed in the honor of the lateHonorable Anthony J. Celebrezze,LLB ’36, LLD ’63, distinguishedalumnus of the College of Law andformer Senior Justice of the Sixth Circuit of the United States Court ofAppeals. Tyler Haslam, L-2, of Bluffton, S.C. and Keesha Warmsby, L-2,of Atlanta, Ga. competed in the final round judged by Judge Jeffery Suttonof the Sixth Circuit Court of Appeals, Ohio Supreme Court JusticeRobert R. Cupp, BA ’73, JD ’76, and Judge William Klatt of the 10th

District Court of Appeals. Keesha Warmsby was the first place finalist;Tyler Haslam took second place with Joseph Ahlemeyer, L-2, of Athens,Ga. and Randall Petrouske III, L-2, of Tomahawk, Wisc. rounding out thetop four finalists.

Daniel S. Guy Intra-School First Year Appellate Advocacy Competition The year ended with the Daniel S. Guy Intra-School First Year AppellateAdvocacy Competition. The competition is mandatory to all first-year stu-dents and is named in honor of the former Dean of the Pettit College ofLaw Daniel S. Guy, JD ’52, LLD ’05. The competition is an integral partof the first year Legal Research and Writing Course. Paul Foley, L-1,Walkersville, Md., was the first place winner. Ryan Kirk, L-1, Powell,Ohio, Jason Urbaniak, L-1, Williamsville, N.Y. and Mike Perehenic, L-1,Altoona, Penn. rounded out the top four.


STUDENT ACTIVITIES

By Keesha Warmsby, L-2, Atlanta, Ga.

On Feb. 20, 2009, the Ohio NorthernUniversity Black Law Student’s Association host-ed its Tenth Annual Diversity Forum. This year’stopic, “Making Your Path in Today’s Society,”entailed seven alumni returning to the OhioNorthern Pettit College of Law to speak to cur-rent students regarding their career experiences.This year’s forum was held in hopes that thealumni’s experiences would provide guidance forcurrent ONU students on their respective jour-neys.

The panel included Cynthia Callender-Dungey, JD ’96, of Ohio Department of FamilyServices, Bridgette D. Crafton, JD ’96, of theUnited States Department of Justice, FelepeHall, JD ’98, of the Attorney General’s Officein Michigan, Kevin Hexstall, JD ’97, of Rawle& Henderson LLP, and Rochelle Outlaw, JD’05, of Meyer Brown, Rowe, & Maw LLP. Thepanel was moderated by the HonorableBenjamin H. Logan, BA ’68, JD ’72, LLD ’92.

Judge Logan began the program by askingthe panel: “What advice did you receive inONU and how did it apply in the real world?”Crafton replied that the “law is a profession, not

just a job.” Hall advised students to never giveup and, more specifically, to put in a lot of workbecause, “if you put in the work no one willnotice, but if you don’t put in the work everyonewill notice!”

Panelists were also asked to describe theirbiggest challenge faced in the workplace andhow they learned to overcome it. Outlaw advisedstudents to speak up for themselves and advisedthem to keep paper trails. Then Hexstall stressedthe significance of networking and urged stu-dents to maintain professional relationshipsbecause it is the little things that make a big dif-ference. Callender-Dungey also emphasized theimportance of networking and urging studentsto develop a specific set of skills so people willknow you for your skill set.

After the program, panelists were invited to alunch, where they were addressed by the keynotespeaker Judge Logan. Judge Logan expressed theimportance of hard work, determination andachieving one’s goal and spoke about his first jobas a paperboy who more than doubled his routewithin a few weeks. It was this determinationthat later led to him being elected the firstAfrican-American Judge in the 61st DistrictCourt in Michigan.

The program had its intended effect ininspiring both students and teachers alike. Firstyear law student Leah Clark said that the pro-gram was “inspiring” and “gave [her] just whatshe needed to propel her through the rest of thesemester.” Professor Nancy Sabol was of thesame opinion; she said she benefited from thepanelists’ stories as well.

Once again, Law Review won thecoveted Law Review-Moot Courtsoftball game, held April 24, 2009,at the Ada Park. This year, however,the margin of victory was slight.Law Review trailed Moot Courtsignificantly through most of thegame. After a score difference ofnearly 15 runs, incoming Editor-in-Chief Brian Anderson persuadedoutgoing Chief Justice Nicole Boalsto continue the game two moreinnings. The extra playtime allowedLaw Review to score most of itsline-up twice, resulting in a heatedvictory of 25-26, with the last runcrossing the plate in the bottom ofthe ninth with two outs. Needlessto say, the “sibling rivalry” betweenLaw Review and Moot Court wasnot extinguished after this year’sgame.

Law Review “Schools” Moot Court at Annual Softball Game

BLSA Hosts Tenth Annual Diversity Forum

Megan Schenk at bat, Becky Falvo as catcher and Megan Roby at first base.

Patrick Fazzini pitching, shows that despite a broken hand, LR ishardcore. Brian Anderson is poised and ready in the background.

Judge Benjamin H. Logan, BA '68, JD '72, LLD '92, KevinHextall, JD '97, Bridgett Crafton, JD '96, Rochelle Outlaw,JD '05, Cynthia Callender-Dungey, JD '96, Felepe Hall,JD '98


By Scott Winograd, Kristopher Hill, Eric Pheneger, Joseph Carso, Stephanie York andJennifer Ciszewski

Iceland often conjures images of a desolate and frigid land devoid ofhuman activity. Despite the country’s relatively small population of around300,000 people, the nation is abuzz with activity and full of landscapes ofbreathtaking beauty. The island nation, straddling the Mid-Atlantic Ridge inthe North Atlantic, is brimming with constant action, whether it be the cafesin Reykjavik on any given night or the constant geothermal and volcanicactivity that is continually molding the terrain. Iceland is full of warm-heartedpeople who welcome guests with open arms and are proud to tell you of theirstoried and sometimes tumultuous history.

From Jan. 14 to Jan. 18, Ohio Northern College of Law sent six law stu-dents to Iceland for a cultural exchange with students from the law school atthe University of Iceland: Kris Hill, L-3, Dresden, Ohio, Joe Carso, L-3,Venetia, Penn., Scott Winograd, L-2, Beachwood, Ohio, Stephanie York, L-1,Newport, Kentucky, Eric Pheneger, L-1, Lima, Ohio, and Jennifer Ciszewski,L-1, Highland Heights, Ohio. Staying with hosts, the ONU students weregiven tours of various renowned Icelandic attractions, such as the BlueLagoon, in addition to being shown Parliament (Althingi) and the IcelandicSupreme Court. The trip left many lasting memories for the ONU partici-pants.

Upon arriving in Iceland, the students were taken to Thingvellir, the siteof the oldest parliamentary gathering of the Icelandic people in 930 A.D. anda designated UNESCO World Heritage Site. The students stayed in cabinsalong the Golden Circle in order to be fully submersed in Icelandic tradition.In the area, the students explored geysers and waterfalls that encompassed thebeauty of the region.

The students also visited an Icelandic prison. One student likened theexperience to staying at a cheap hotel. Prisoners in Iceland have the relativefreedom to move about the compound and can shop for groceries, go toschool, go to work, exercise, and do not have to leave the comforts of theirroom to watch TV or use the computer. Scott Winograd reflected on theprison visit: “learning that the maximum prison sentence was 20 years wasinteresting, but entering prisoners’ rooms and having conversations with themwas an experience we will not forget.”

The students were also exposed to local cuisine during their stay, which byone account is as interesting as the weather. On the menu were, among otherthings, mink, whale, puffin, horse and lamb.

As part of the Icelandic Legal Society’s exchange program, Icelandic stu-dents visit Ada as well. The participants were able to meet the Icelandic stu-dents who visited Ada, as well as see their homes in Iceland. One studentexplained the similarities between the Icelandic students and themselves: “theywatch the same television shows, enjoy the same sports, wear the same clothesand have the same fascination with the law.” Jennifer Ciszewski found it inter-esting that “at times it seemed like they were more aware of what was goingon in our own country more than we were.”

The ONU Icelandic Exchange program is as active as ever, and housedeight Icelandic students in the fall: Oddur Vîarsson, Sverrir Norland, HaukurGümundsson, Sigrún Gísladóttir, Salvör Fiórisdóttir, HinrikaIngimundardóttir, Erla Arnardóttir and Steiner Steinarsson.

Students Explore Iceland

A waterfall at Thingvellir National Park

ONU students at Thingvellir National Park. Left to Right: Joe Carso, Eric Pheneger, Stephanie York,Scott Winograd, Jennifer Ciszewski and Kris Hill

ONU students and University of Iceland students at Geysir

Mark Your CalendarsONU ALUMNI TRIP TO ICELAND JUNE 16 – 21, 2010

In conjunction with the College of Law celebrating its 125th anniversary in2010, we are also celebrating the 50th anniversary of the Icelandic LegalExchange Program. Join us June 16-21, 2010 as we recognize this outstand-ing program with a reunion trip to Iceland.

In 1960, Eugene Hanson of Ohio Northern University accepted an appoint-ment as a Fulbright Lecturer at the University of Iceland. While there, hebecame friends with Armann Snaevarr, then rector of the University of Iceland.Together they devised a plan to create an exchange program between the lawschools. Each year, students from Iceland travel to Ada to learn about lawand life in America, while students from ONU travel to Iceland to learn aboutthe ancient roots and contemporary practices of the Icelandic legal system.

ONU will celebrate the 50th anniversary of this program and commemoratethe anniversary by taking a group of ONU alumni and friends to Iceland.Information will be mailed to all alumni once details of the trip are finalized.The trip is scheduled for June 16 – 21, 2010, with additional destinations toGreenland from June 13-16 and Scotland June 21 - 25. You can choose totravel to all destinations or just to Iceland.

If you are interested in joining us in 2010, you can email the law alumnioffice at [email protected] and we will put you on an email list toreceive information as it becomes available.

32 OHIO NORTHERN UNIVERSITY COLLEGE OF LAW | Writ FALL 2009

Free Income TaxAssistanceOfferedElderly and low-income tax payers in Allen andHardin counties received free income tax assis-tance from Ohio Northern University law andaccounting students through Volunteer IncomeTax Assistance (VITA). The VITA Program, coordi-nated by the Internal Revenue Service (IRS),offers free tax help to low- to moderate-income(generally, $40,000 and below) individualsacross the country who cannot prepare taxreturns on their own. As part of this program,ONU students received training to help preparebasic tax returns and identify special credits,such as the Earned Income Tax Credit (EITC),Child Tax Credit and Credit for the Elderly. ONUstudents offered free electronic filing services atseveral area locations in Hardin and Allen coun-ties during tax season, from February 7 untilApril 15. In 2009, 32 VITA students filed 178 taxreturns, resulting in $68,246 in earned incometax credits and $188,226 in total refunds.

STUDENT ACTIVITIES

The annual Street LawCompetition was held Sunday,April 26. Ada team 3, coached byDaryl Manns, L-3, WarnerRobbins, Ga. and Jennifer Boyer,L-2, Canonsburg, Penn., won thecompetition. The students conduct-ed a mock trial based on an allegedmurder.

The Street Law Competition isorchestrated by small groups of

Ohio Northern University law stu-dents who make weekly visits toarea high schools between Januaryand April to teach students the gen-eral aspects of the law, the basicstructure of a trial and the role ofan attorney within the trial. Thehigh school students play the rolesof attorneys and witnesses in amock trial. At the end of the 10-week period, participating teamsmeet at the College of Law to com-

pete against other teams in a com-petition judged by ONU law facul-ty and students. High school gov-ernment classes from Kenton, Adaand Upper Scioto Valley partici-pated in this year’s program.

Street Law began as a project atGeorgetown Law Center in 1972.Four law students and their profes-sor, in an innovative public lawclinical program, were looking for a

way to provide young people withinformation about the law thatwould assist them in their dailylives. The law students began theirwork in two District of Columbiapublic high schools. The originalidea was to devise a preventive lawapproach that would also providestudents with knowledge of what todo when confronted with a legalproblem. Over the next threeyears, the program in D.C. was sosuccessful that it spread to all thecity’s sixteen high schools.

Hannah Gunn, Sarah Smith, Trista Hatcher,Matt Walker, Kaitlin Teneyck. Law studentcoaches were Daryl Manns, L-3, from WarnerRobbins, Ga. and Jennifer Boyer, L-2, fromCanonsburg, Penn.

All Street Law Participants

Street Law Introduces Legal Practice to Area High School Students

The William Howard Taft American Inn ofCourt at Ohio Northern University concludedin April, its 17th successful year of program-ming. Outgoing president Honorable Mark S.O’Connor of the Court of Common Pleas ofLogan County, Bellefontaine, was honored, andincoming president, Samuel L. Diller, Esq. ofBluffton, was noted.

The Inns of Court movement was initiated byChief Justice Warren E. Burger and law professorSherman Cohn of Georgetown University LawCenter, Washington, D.C. The Inns concept, asenvisioned by the Chief Justice, was to enhancecivility in the practice of law, drawing upon themodel of the Inns of Court in the UnitedKingdom. Burger envisioned collaborative asso-ciations of judges, senior lawyers (Masters of theBench) and young lawyers (Barristers). The Innat ONU incorporated significant law faculty par-ticipation. The addition of law students (pupils)made the William Howard Taft Inn the first Innin the nation with law students being active par-ticipants.

Since its inception, the ONU Inn has had 317members. Many student members have joinedother Inns upon their graduation, using access to

the Inns as an effective networking tool to entera new legal community.

For the 2008-09 academic year, the Inn consistsof 6 judges, 36 attorneys, 8 professors and 13students. Programs, for which continuing legaleducation credit is obtained from the SupremeCourt of Ohio, during this year included:(September) Learning Objectives: ChemicalDependency Treatment – What Really HappensWhen Your Client Enters [Substance Abuse]Treatment, by D. Christopher Hart, BSPh ’77,of the ONU College of Pharmacy; (November)Giving “Stability and Value to our Rights andLiberties”: The Ohio Judiciary’s GreatestGeneration, 1802-1823, presented by Donald F.Melhorn, Jr., Toledo; (February) “The ExpertWitness,” moderated by Professor Bruce ComlyFrench, who also serves as the Administrator ofthe Inn; and (April) “Human TraffickingProsecution by the Government of the UnitedStates,” presented by Susan Lynn French, Esq.,U.S. Department of Justice, Washington, D.C.

Student members are also paired with attorneysand judges who serve as their mentors duringthe academic year.

Inn of Court Continues Programs to Encourage CivilityBy Bruce C. French, professor of law

Faculty Recognized at Annual Honors BanquetThe College of Law held itsannual Honors Banquet onApril 15, 2009. Academichonors were presented, aswell as awards for LawReview, Moot Court andStudent Bar Association.Several faculty members werealso recognized.

■ PROFESSOR SCOTT D.GERBER was recognized withthe Fowler V. Harper FacultyScholarship Award. A facultycommittee selected him basedon contribution to legal schol-arship during the current year.This is the second time Gerberhas received the award.

■ PROFESSOR SHERRYYOUNG was recognized withthe Teaching Excellence Award.The candidates for this award are selected basedupon student evaluations for overall teachingeffectiveness for the prior two semesters and/ornominations from the faculty. This is the fourthtime Young has received the award since itsinception in 1990.

■ PROFESSOR SCOTT GERBER was select-ed for the Ella A. & Ernest H. Fisher Chair inLaw. Appointment to the Fisher Chair in theCollege of Law is recognition of singularachievement as a legal educator. Because theselection is made by colleagues on the facultybased primarily on sustained excellence in legalscholarship and teaching, the appointmentreflects the highest recognition the College ofLaw has to offer to a member of its faculty.

■ LINDA K. ENGLISH, director of law admis-sions and assistant dean, was recognized by theStudent Bar Association with its Liberty BellAward as public recognition for outstanding lawcommunity service.

■ KEVIN HILL, professor of law, was honoredby the Student Bar Association with the MostEffective Teacher award, which recognizes theprofessor who, in the students’ views, has beenthe most effective teacher.

■ LEAH SELLERS, adjunct professor of law,was recognized by the Student Bar Associationwith the Faculty Appreciation Award.

■ CYNTHIA KLINGLER, senior administra-tive assistant, was recognized by Law Reviewwith its Dean Daniel S. Guy Award forExcellence in Legal Journalism.

■ HOWARD N. FENTON, director of LLMprogram and professor of law, was recognized byMoot Court with its Outstanding Team Advisorof the Year.

■ Linda English presented Liberty Bell award by Daryl Manns, president of SBA, and

Kenitra Cavin, vice president of SBA

■ Leah Sellers presented award by Daryl Manns, president of

SBA and Kenitra Cavin, vice president of SBA

■ M. Charlotte Sidor, editor in chief of Law Review, presents

award to Cindy Klingler

LOUIS LOBENHOFER was presented with acertificate by student coordinator, ThomasHillegonds, L-3, from Ada, Mich., recognizinghis 30 years of service to the VoluntaryIncome Tax Assistance Program at the Collegeof Law.

■ Dean David C. Crago presents Sherry Young with award

■ Kevin Hill presented award by Daryl Manns, president of

SBA, and Kenitra Cavin, vice president of SBA


FACULTY & STAFF

FACULTY & STAFF


Fenton Honored for Service and DedicationHoward N. Fenton, director of the LLM program and pro-

fessor of law, was recognized for 20 years of service

during Ohio Northern University’s annual Recognition

Dinner, held April 6, 2009.

The following tribute was given by Stephen C. Veltri, associatedean for academic affairs and professor of law.

HOWARD FENTONWhen Howard

Fenton came to OhioNorthern two decadesago, the law collegewas a more insularplace than it is today.No one during thattime has done morethan Howard toexpand the horizonsof the college.Though his scholar-ship, teaching, colle-gial and professionalservice, Howard haschallenged all of us tothink globally.

As a scholar,Howard has writtenwidely in the field ofadministrative lawwith a particular focuson law reform in emerging democracies. He has also been a scholarly andconsistent advocate of free trade. As a faculty member, Howard hasbrought a global perspective to our curriculum, in which he has developedcourses on the rule of law, international law, international business transac-tions and comparative administrative law. Throughout that time, he hasbeen a highly effective teacher of contract and administrative law and avery successful coach of both our administrative law and JessupInternational Moot Court teams.

As associate dean and later interim dean of the law college, Howardundertook a number of measures designed to enhance the professionalengagement of our faculty and the modernization of our building. Hestarted our summer scholar program, which gives law students an opportu-nity to engage in research with a member of the faculty. He also beganand secured funding for the annual Woodworth Lecture the law collegesponsors each year in Washington, D.C.

As a lawyer, Howard has consulted on a number of projects sponsoredby the United States Agency for International Development in order tofoster development of the rule of law in countries of the former SovietUnion. Notably, on leave from the University in 2001 and 2002, heserved as Chief of Party for the USAID Rule of Law project in Tbilisi,Georgia. Howard has held leadership positions on the state bar commit-tees devoted to international and administrative law. He also served onseven international trade dispute resolution panels operating under interna-tional trade agreements such as the North American Free Trade Agreement.In that capacity, he has done his best to preserve a free market in this

hemisphere for, among other items, pork products, live swine and highfructose corn syrup.

Nothing better exemplifies the contribution Howard has made to OhioNorthern University than the LLM Program in Democratic Governanceand Rule of Law. Howard developed that program for the law college.Each year, young lawyers from developing countries study with us in a pro-gram designed to encourage them to follow careers in public law commit-ted to democracy and the rule of law. Those students, who come from allover the world, have enriched the life of the University. Because ofHoward, Ohio Northern has graduates today in Central Asia, EasternEurope, the Caucasus, the Balkans, the four corners of Africa and theHimalayas. Each of those students has spent a great deal of time atHoward and Beth Fenton’s place. They have found a home on the Fenton’sbackyard deck, together with a generation of contracts students and justabout every stray cat in Hardin County, Ohio.

For all these contributions, Howard, I am privileged to express the grat-itude of the faculty, staff and students of the college of law and theUniversity. Congratulations and best wishes on 20 years of outstandingservice.

Pictured are Howard Fenton (center), Ronald Beaschler (left) and Robert Ward (right)


FACULTY & STAFF

ACTIVITIES

Nancy Armstrong, Director of Law LibraryDuring the summer, professorNancy Armstrong attended theChina - U.S. Conference onLegal Information and LawLibraries in Beijing, China.This conference was sponsoredby the American Association ofLaw Libraries, the InternationalAssociation of Law Libraries and the Chinese Ministry ofEducation. Professor Armstrong also gave a lecture onU.S. law libraries while visiting Zhongnan University ofEconomics and Law in Wuhan, China. A translatorhelped explain the presentation to the audience of 75library staff, students and faculty who attended.

While in China, Armstrong also participated in a bookdonation ceremony and visited the law library and theschool of information management at nearby WuhanUniversity. Professor Armstrong’s essay on the newHanson Reading Room appeared on the Spectrum mag-azine website, published by AALL. Spectrum’s May issuefocuses on library architecture and the web site includesinvited essays about recent renovation projects. In addi-tion, Armstrong worked on a portfolio of the readingroom project which has been selected for the“Educational Interiors Showcase” featured in the Augustissue of American School & University magazine.

Amanda Compton, Visiting Assistant Professor of LawProfessor Amanda E. Comptonfinished her article “Acquiring aFlavor for Trademarks,” and isnow awaiting publication. Sheis currently working on a newarticle “War, Politics andEntertainment: How PopCulture has shapedTrademarks”.

Compton served on the organ-izing committee for the 2009Midwest People of Color Conference. She is currentlyserving as President Emeritus and Board member for theMarion County (Indianapolis) Bar Association.

Howard Fenton, Director of LLM Program and Professor of LawIn May, professor HowardFenton served as Chair for theAdministrative Litigation andAdministrative Law Panel of aWorkshop on ComparativeAdministrative Law. The work-shop was held at Yale LawSchool.

Also in May, Fenton presented“The New Model StateAdministrative Procedure Act and Opportunities forRevision of the Ohio Administrative Code,” as part of aCLE Program on Ohio Revised Code Chapter 119 atthe Ohio State Bar Association Annual Convention.

David Fetrow, Reference LibrarianDavid Fetrow authored anonline lesson for the Center forComputer-Assisted LegalInstruction (CALI). The lesson,entitled “Ohio Legal Materials:Primary Sources,” focuses onthe use of cases, statutes,administrative regulations andother materials in Ohio legal research.

Bruce Frohnen, Visiting Associate Professor of LawProfessor Bruce Frohnen pub-lished three edited or co-editedvolumes this year: “RethinkingRights: Historical, Political andPhilosophical Perspectives”(University of Missouri Press,with Kenneth Grasso),“Defending the Republic:Essays in Honor of George W.Carey” (ISI Books, also withKenneth Grasso) and “The American Nation: PrimarySources” (Liberty Fund). His articles appeared in theQuinnipiac Law Review and the Villanova Journal ofCatholic Social Thought.

Professor Frohnen delivered lectures at a number ofuniversities, research centers, and law schools, includingthe Villanova University School of Law and CalvinCollege. He planned and hosted a conference on“Liberty in the Thought of Sir Edward Coke” forLiberty Fund, Inc. and served as discussion leader orparticipant in three other Liberty Fund conferences.Frohnen continues to serve as Editor of the PoliticalScience Reviewer, an annual review of important workson public law and politics.

Scott Gerber, Ella andErnest Fisher, Chair and Professor of LawThis year, professor ScottGerber published the Georgiachapter of his current bookproject in the Georgia HistoricalQuarterly, op-eds about ChiefJustice Roberts in the WallStreet Journal and the National Law Journal, and sundryitems in the Yale Biographical Dictionary of American Lawand the Encyclopedia of the Supreme Court of the UnitedStates. He debated Dean Larry Kramer about popularconstitutionalism at Stanford Law School, and made pre-sentations at Case Western Reserve University School ofLaw, Santa Clara School of Law, and Loyola Universityof New Orleans School of Law.

Gerber also participated in a Social Philosophy &Policy/Liberty Fund symposium about constitutionalismin Tampa, Florida, and a Liberty Fund colloquium onfree will, moral responsibility and responsibility for char-acter in Cleveland and discussed the differences betweenwriting nonfiction and fiction at the Lima PublicLibrary. He discussed his book about Justice Thomas’sjurisprudence at the annual meeting of the Southeastern

Association of Law Schools, and the book was featuredin a review essay in the Claremont Review of Books.

Gerber received the Fowler V. Harper Award forExcellence in Legal Scholarship and continues to serveon the Ohio Advisory Committee of the U.S.Commission on Civil Rights. He will be on sabbaticalduring the 2009-10 academic year at Brown Universityfinishing his current book project, which is tentativelyentitled “The Origins of an Independent Judiciary: AStudy in Early American Constitutional Development,1606-1787.”

Elena Helmer, Visiting Assistant Professor of LawOn Oct. 24, 2008, professor Elena Helmer presented“The United States LegalSystem,” a presentation at theSupreme Court of Ohio to agroup of visitors from Ukraine.The group consisted mostly oflawyers as part of the League ofWomen Voters/Open WorldProgram.

Also in the fall, professorHelmer participated in thedrafting of an ABA Section of International LawWorking Paper on the Impact of the ProposedArbitration Fairness Act on International CommercialArbitration in the United States. The Working Paper waspresented to the ABA House of Delegates as the supportfor a resolution urging Congress to consider the negativeimpact the proposed Arbitration Fairness Act would haveon international commercial arbitration in the U.S.

On Nov. 17, 2008, she presented “A Comparison of theJudicial Systems of the U.S. and Ukraine,” at theSupreme Court of Ohio to a group of visiting judgesfrom Ukraine as part of the ongoing exchange programbetween the Supreme Courts of Ohio and Ukraine.

In April, Helmer developed and chaired the CLE-bearingprogram on Kosovo, South Ossetia, Tibet and theShifting Standards for Self-Determination at the ABASection of International Law Spring Meeting inWashington, D.C.

In May, she attended “by invitation only” Workshopon Comparative Administrative Law at the Yale LawSchool. Also in May, Helmer was appointed to theEditorial Board of the ABA Section of InternationalLaw Russia/Eurasia Committee Newsletter. Recently,professor Helmer received a confirmation letter regard-ing her appointment as Vice-Chair of the InternationalAnti-Corruption Committee of the ABA Section ofInternational Law.

Michael Lewis, Associate Professor of LawIn September, professorMichael Lewis published“Advice to the NextAdministration RegardingCoercive Interrogation” in theABA National Security LawReport. The piece was a debatewith Michael Posner of theACLU. On Sept. 18, professor Lewis was a panelist at


the South Texas College of Law Symposium on “Ethicsin the War on Terror.”

On Oct. 14, Lewis participated in a panel discussionwith prof. Brant on the recent Supreme Court opinionsof Heller and Boumediene. Also in October, he accepteda publication offer from SMU Law Review for his articleon federal diversity jurisdiction entitled “Comedy orTragedy: The Tale of Diversity Jurisdiction Removal andthe One-Year Bar”.

In February, Lewis published an essay entitled “Ethicsand Operational Realities of the War on Terror” for pub-lication in the Symposium issue of the South TexasCollege of Law Review. On Feb. 24, Lewis participatedin a debate at the University of Toledo College of Lawwith prof. Ben Davis on questions of torture and crimi-nal prosecution of the previous Administration. On Feb.27, he submitted the manuscript of a book chapter enti-tled “Battlefield Perspectives on the Laws of War” forpublication in The War on Terror and the Laws of War:A Military Perspective, forthcoming from OxfordUniversity Press.

On March 8, Lewis debated at the University of Rutgers-Camden School of Law with prof. Vildostegui ondetainee treatment issues. On April 14, he presented hispaper proposing a clearer and more objective standardfor the definition of torture entitled “The Jaundiced Eyeof the Beholder: The Case for an Objective Definition ofTorture” at Cornell. Prof. Jens Ohlin provided commen-tary on the presentation. Also in April, Lewis debated thescope of Presidential power to detain terrorists and theal-Marri case with Colleen Connell, the ExecutiveDirector of the Illinois ACLU at the University of IllinoisSchool of Law.

Allison Mittendorf, Instructor of Legal Research and WritingProfessor Allison Mittendorfserved as an assistant editor forvolume 15 of Legal Writing forthe Legal Writing Institute.Mittendorf was also a projectevaluator for the 2009 Youthfor Justice Summit inColumbus, and is on the casecommittee for the High SchoolMock Trial Program throughthe Ohio Center for LawRelated Education.

Liam O’Melinn, Professor of LawIn the fall of 2008, professorLiam O’Melinn presented apaper entitled “Our Discreteand Insular Founders:American ‘Degeneracy’ and theBirth of ConstitutionalEquality” at the University ofIllinois Law School, where healso taught “Theories of Intellectual Property” as a visit-ing professor. He was invited to present at a Novembersymposium at the Akron Law School on the theme ofsecondary liability in Intellectual Property law. The piecethat O’Melinn wrote for the symposium, tentatively enti-tled “Making Others do the Work: Secondary LiabilityConsidered as a Departure from the TraditionalContours of Copyright,” will be published in the 2009edition of the Akron Intellectual Property Journal. He alsospoke at the Drake Law School 2009 IntellectualProperty Scholars’ Roundtable, at which he presented“The Recording Industry v. James Madison, aka‘Publius’: An Essay on the Nature of IntellectualProperty.”

Maximilian Torres Jr., Assistant Professor of LawIn October, professor MaxTorres was a discussion seminarparticipant in “The AmericanFounding and the WesternIntellectual Tradition: TwoVisions of America: ThomasJefferson and AlexanderHamilton,” a roundtable dis-cussion held at The Center for the American Idea andLiberty Fund in Colorado Springs, Colo.

On January 24, professor Torres presented at the OhioLegal Scholarship Workshop, held at The Ohio StateUniversity - Moritz College of Law. He discussed philo-sophical anthropology in the law. Torres also authored achapter in “Doing Well and Good: The Human Face ofthe New Capitalism” entitled “Getting Business OffSteroids,” which will be published in 2009.

In June, professor Torres presented a full day seminar tosenior executives at The Lismullin Institute in Dublin,Ireland entitled “Leadership & Optimism Against theOdds.” During the summer, Torres taught a course atIESE Business School in Barcelona, Spain. The course,which was part of the MBA program, was entitled“Leading Organizations: Systems, Values & Ethics.” Healso taught an “Organizational Behavior” course in theGlobal Executive MBA program. Professor Torres ispresently researching in the Corporate Governance area.

Vernon Traster, Professor of LawProfessor Vernon L. Traster iswriting a textbook concerningInsurance CompanyMisconduct, to be completed2010. Traster continues to sup-plement his book chapter,Insurance Bad Faith in Ohio, inTort Law.

In May, professor Traster attended the Ohio Associationfor Justice annual convention in Columbus, Ohio. InJuly, he attended an advanced seminar concerning unin-sured and underinsured motorist law in Columbus. Alsoin July, Traster attended the American Association forJustice annual convention in San Francisco, Calif.

Mindi L. Wells, AssistantDean for Administrationand Student Services Dean Wells was sworn in forher final term as an out of staterepresentative to the Florida BarAssociation Young LawyersDivision Board of Governors.She also serves as the YLD liai-son to the Out of State Practitioners Division. Wellschairs the Transition to Practice Committee, which isfocusing on developing a mentoring program for newattorneys in Florida. She serves on the Committee onLegal Education of the National Association of Collegeand University Attorneys, which is responsible for plan-ning continuing legal education workshops and vitualseminars. She is a board member of the Lima Society forHuman Resource Management. Wells gave presenta-tions on employment and workplace law issues. She alsoparticipated in Ohio Northern’s field biology trip toEcuador and the Galapagos Islands this summer.

Crago NamedInterim VicePresident ofAcademic AffairsDavid C. Crago,Pettit College of Lawdean and professorof law, has beennamed OhioNorthernUniversity’s interimvice president ofacademic affairs,effective July 1.

Crago, who will remain dean of the Collegeof Law, takes on the responsibilities of thedeparting Dr. Anne Lippert, who announcedher retirement earlier this year. Lippert, whohas been with ONU since 1971, has servedas vice president since 1992.

Dr. Kendall L. Baker, ONU president, said,“Dean Crago has provided excellent leader-ship as the dean of the College of Law, andI am confident he will demonstrate thesesame outstanding abilities as he leadsONU’s academic division.”

Crago said, “The University’s ambitiousagenda for academic excellence makes thisan exciting time for all of us. I appreciatethe opportunity to serve in this new role aswe work to achieve our goals.”

Crago has been on the law faculty of ONUsince 1991 and has served as dean since2001. Prior to joining the faculty, he was apartner with the firm of Jones, Day inColumbus, Ohio, where he specialized inbusiness and commercial litigation. Hereceived his bachelor’s degree from DukeUniversity and his juris doctor from theUniversity of Michigan.

Crago chairs the Ohio State BarAssociation’s Commission on JudicialCampaign Advertising and MonitoringCommittee. He was awarded the 2007Legal Educator Award by the Ohio State BarAssociation for his contribution to the OSBA,the lawyers of Ohio and the public for hisleadership on the OSBA Judicial CampaignAdvertising and Monitoring Committee.


Bruce P. Frohnen, visting associate professor of law

awyers occupy positions of trust, both insociety as a whole and in their relations with clientsand the court system. To take the most basicexample, without trust, lawyers could not get theirclients to tell them the embarrassing details of theirlegal problems. Increasingly, of course, we havecome to depend more on enforcement mechanisms(“break a contract, get sued”) than old-fashionednotions of honor to enforce trustworthiness. But inat least one important area those mechanisms arehard to find.

When it comes to lying, it often is difficult to catch the culprit, letalone punish him or her. This is particularly true where there is no writtenrecord, and where there is little expectation of careful regard for the truth.Indeed, some commentators have argued that lying in negotiations in par-ticular is not lying at all because general conventions of bargaining createthe expectation that both parties will lie. The Model Rules of ProfessionalConduct endorse this view, stating in the official comment to rule 4.1 that“under generally accepted conventions in negotiation, certain types ofstatements ordinarily are not taken as statements of material fact.”

Given the almost universal practice of lying in negotiations, it wouldseem foolish not to engage in it to protect the interests of one’s clients.But where does this reasoning lead? Monroe Freedman, one of the nation’sleading teachers of legal ethics, provides an example of how far this viewcan go, and perhaps provides reasons for rethinking complacency aboutlying.

Freedman argues that a plaintiff ’s attorney has a duty to ask for moremoney from the defendant’s attorney when that attorney offers a larger set-tlement than the plaintiff in confidentiality has indicated he or she wouldaccept.1 He further argues that this duty extends to making intentionalmisrepresentations of facts to opposing counsel and even to a judgeinvolved in negotiations regarding a client’s minimum or maximum settle-ment figure.2 Freedman justifies the lawyer’s lies by asserting that, underthe circumstances he outlines, opposing counsel (and the judge) has noright to know the relevant figures because they are confidential.3 To theobvious retort that one may simply refuse to disclose confidential informa-tion Freedman replies that such refusal might “tip off ” others to the con-tent of the confidence and that, given general conventions, no one expectsthe truth in any event.4

Taken together these are powerful arguments, which Freedman buttress-es with an equally powerful example: suppose a legal aid attorney is con-fronted by a judge who asks whether his or her client “did it?”5 The ques-tion is clearly improper in that it asks the lawyer to volunteer confidentialinformation. And silence or a refusal to answer may tip off the judge tothe client’s guilt (or lead the judge to assume it), causing irreparable harm

to the client’s interests.Powerful as Freedman’s argument and example may seem, however, his

conclusion—that the lawyer is duty-bound to lie under these circum-stances—is highly questionable. Most important is the misleading mannerin which Freedman presents his hypothetical. Sissela Bok, a leading stu-dent of lies, notes our acceptance of dishonesty in times of “acute crisis,”when the lawyer does not have time to gain outside assistance and so musteither lie or allow a misdeed to create significant, perhaps irreparableharm.6 But the events on which Freedman bases his hypothetical fail tomeet the criteria of an acute crisis. The hypothetical is drawn from legalaid lawyers in Brooklyn, reporting that “[s]ome judges. . . would routinelycall defense counsel to the bench prior to trial in criminal cases and say,‘Come on, let’s move this along. Did he do it or didn’t he?’”7 Unless the

FeatureWhy Lying Matters

L


legal aid lawyer is inexperienced and has failed to do due diligence byinquiring about the judge, there is no surprise here. What we have,instead, is a circumstance in which large numbers of attorneys are allowingjudges to habitually behave in an inappropriate manner, reducing theirworkload at the expense of procedural fairness. The proper response wouldnot be a lie, but a report to the appropriate authorities regarding thejudge’s misconduct. As to bad consequences for clients and the lawyersthemselves, solidarity rather than lying would appear the appropriateresponse—joint complaints and joint refusal to answer inappropriate ques-tions, along with coordinated appeals in the cases of any clients whoserights have been negatively affected. A true crisis may justify (or moreappropriately, give us grounds to excuse) a lie; but Freedman’s need to mis-characterize his own points to the rarity of such crises. More often, lying isthe result of a failure to consider all available options—including ones thatmight require more work and cooperation than might be convenient at thetime.

Let us return to Freedman’s basic point—that there is no rational expec-tation of veracity from opposing counsel in negotiations. This is the famil-iar argument that negotiations are a kind of game in which players haveagreed, prior to playing, to abide by rules allowing lying. But we can onlyjustify this practice by assuming that the game has been entered into vol-untarily and with foreknowledge by all parties. Do clients consent to suchgames? If they are to assert their rights, clients must either negotiate or lit-igate. Litigation is risky and expensive. Thus lawyers, if they are to servetheir clients’ interests, often must negotiate. The client may expect badpractices, but has not thereby voluntarily consented to them. Does adefendant who agrees to pay a bribe to a corrupt judge, knowing that fail-ure to do so would result in years of imprisonment, “volunteer” to pay forfreedom?

Bad HabitsSettlement negotiation is not the only area of legal practice in which

truthfulness tends to be undervalued. In discovery, lawyers often engage ina kind of deceptive bargaining—responding to overbroad requests withoverly narrow interpretations of what must be produced. More generally,one cannot simply cordon off a realm of deceitful negotiations from therest of one’s practice and communications; the very act of participating indeceptive bargaining may affect the lawyer’s ability to discriminate amongkinds and levels of falsehood, allowing lies to multiply and spill over intodifferent relationships.

In the Nicomachean Ethics, Aristotle describes what he calls “the moralvirtues (such as courage, magnanimity, and honesty)” as the result of habit-uation—of repetition in the doing.8 We acquire virtues by doing their cor-responding acts; as a builder becomes a builder by building, a just personbecomes just by doing just things.9 Likewise, by acting in an unjust man-ner we become unjust.10 While no one desires to be vicious (to have thecharacter of a vicious person, such as, say, one who is unjust), our desire todo vicious things can, if we give in and do the vicious acts, make usvicious.11

Habits, though not innate, become difficult to change once establishedbecause they become natural to us over time.12 One benefit of this con-stancy is that a person can become less likely to give in to vicious desiresonce habituated to despise such desires.13 But the person must continue todo good acts and despise bad ones, lest bad acts and bad character ensue.14

Modern behavioral studies bear out Aristotle’s argument. Lying is adevelopmental process by which one learns how to make people believesomething that is not true.15 The trait of lying develops in childrenthrough patterns of upbringing that encourage lying—e.g., excessive pun-ishment for other transgressions (encouraging lying as a self-defense mech-anism) or parental patterns of reward and punishment that blur the linesbetween reality and useful fantasy.16 Those who lie under given circum-stances over time develop habits of lying that can harden and becomeunconscious and automatic.17

Moreover, most lies require follow-up lies to protect the originaldeceit.18 The liar’s moral distinctions coarsen, psychological barriers tolying break down and the liar’s behavior—even if the lie is not discov-ered—changes in subtle ways such that others treat him or her with lesstrust.19 And this self-reinforcing aspect of lying is a particular problem forlawyers, who face many opportunities for profitable lying, along with likelydeception from opposing counsel and an adversary ethic that makes it easyto define those with whom one deals as enemies not deserving of the truth.

This basic understanding of habit and character formation is instantiat-ed in the rules of evidence, in which character—“a generalized descriptionof a person’s disposition, or of the disposition in respect to a general trait,such as honesty”20—and habit—“one’s regular response to a repeated situa-tion”21—are important categories.22 Evidence of a witness’s prior convic-tions for felonies,23 other crimes involving false statement or dishonesty24

and even misbehavior not involving conviction but nonetheless going tothe witness’s character for untruthfulness, may be admissible.25

Suppose a legal aidattorney is confronted by a judge who askswhether his or her client “did it?”


Consider what the lossof honesty would meanin light of a lawyer’sgatekeepingresponsibility—the dutyto tell “would-be clientsthat they are damn foolsand should stop.”

Moving Toward TrustWhy not lie? On a practical level, lies decrease trust, and decreasing trust

increases transaction costs. When attorneys expend time and energy to for-malize agreements and fight out disputes, the parties pay. In the short term,this increases billable hours for lawyers. But the costs are very real. Certainlythe prosperity of society as a whole (a whole of which lawyers are a part)depends in large measure on the amount of trust inhering in the culture.Trust in colleagues and trading partners cements relationships and allows forextensions of credit and other actions necessary for economic growth andprosperity in the face of crises and market uncertainty.

Further, if attorneys thought lying was ethically insignificant becauselaw is a game, it would be natural for them to become pirates or facilitatorsof piracy rather than advocates for justice. Consider what the loss of hon-esty would mean in light of a lawyer’s gatekeeping responsibility—the dutyto tell “would-be clients that they are damn fools and should stop.”26 If webelieve lawyers should be willing to deceive investors on behalf of clients,we should not be surprised to read that “without lawyers, few corporatescandals would exist and fewer still would succeed long enough to causeany significant damage.”27 Consider the staggering human price of thescandal perpetrated by Enron: 4,500 people in Enron’s Houston office losttheir jobs, while Enron’s employees lost $1.6 billion in 401(k) savings andits investors lost $61 billion in capital.28 In addition, the public alreadyholds a dim view of honor amongst lawyers.29 In the absence of trustrooted in dependable veracity, it will be increasingly difficult overtime to uphold the position that the lawyer’s role is vital to civilizedsociety.

Increasing distrust has coincided with an array of mental andemotional problems associated with being a lawyer.30 How great aportion of lawyer unhappiness is due to antagonism and distrustbetween practitioners is not clear, but it would be surprising were alarge proportion of attorney dissatisfaction not coming from dealingwith untrustworthy adversaries all day. Studies suggest that peoplewho lack trust are unhappy and statistically more likely to betrayothers.31 It would be reasonable to expect negativity to spill over intolawyer-to-lawyer and even lawyer-client relationships in an environmentwhere lies and mistrust are common.

None of this is to assert that lawyers have in general become liars (orworse). Rather, the point is that the norm of truth telling must be defend-

ed more vigorously because the legal profession itself is rooted in a rejec-tion of the call to lying, being rooted instead in a commitment to trustembodied in the relationship between lawyer and client.32 Protection ofthis trust is so important that the lawyer is expected to subordinate his orher own interests to those of the client. And the duty to the client mustinclude maintenance of social trust in the legal profession and society moregenerally. It is precisely to preserve social trust that John Stuart Mill, per-haps the most famous proponent of utilitarianism, reasoned any personwho could lie to protect his or her own immediate interests nonetheless hasa duty to tell the truth.33

Given the lack of effective enforcement mechanisms against lying inareas like negotiation and discovery, new rules will be of little use in restor-ing trust to the profession. Rather, we must look to less formal methodsfor re-establishing a norm of truth telling among lawyers. Organizations ofthe bench and bar, in which lawyers socialize as well as do business withone another are obvious examples of groups within which such a norm


Biographical Note:Bruce Frohnen is visiting associate professor of law at OhioNorthern University College of Law. He has also taught atEmory University, the Catholic University of America and ReedCollege and is the author, editor or co-editor of many books,including American Conservatism: An Encyclopedia and TheAmerican Republic: Primary Sources, the companion to TheAmerican Nation: Primary Sources. His research interestsfocus on the nature and development of human rights and theirconnections with differing views of the nature of humancommunity and the person. Frohnen can be reached at [email protected] •

1. Monroe H. Freedman,In Praise of OverzealousRepresentation—Lying toJudges, Deceiving ThirdParties, and Other EthicalConduct, 34 HOFSTRA L.REV. 771 (2006), 778-79.

2. Id.

3. Id. at 773, 778-79.

4. Id. at 773-74.

5. Id.

6. SISSELA BOK, LYING:MORAL CHOICE IN PUB-LIC AND PRIVATE LIFE108-9 (1978).

7. Freedman, supra note1, at 773.

8. ARISTOTLE, NICO-MACHEAN ETHICS 20-21

(W. D. Ross trans.,Batoche Books 1999),available at http://soc-serv.mcmaster.ca/econ/ugcm/3ll3/aristotle/Ethics.pdf.

9. Id. at 21.

10. Id.

11. Id. at 52.

12. Id. at 121.

13. Id. at 23.

14. Id. 179.

15. CHARLES V. FORD,LIES! LIES! LIES! THE PSY-CHOLOGY OF DECEIT 69(1996).

16. Id. at 81.

17. Chris WilliamSanchirico, CharacterEvidence and the Object

of Trial, 101 COLUM. L.REV. 1227, 1297 (2001).

18. BOK, supra note 6, at25.

19. Id.

20. See Sanchirico, supranote 17, at 1297.

21. Id.

22. See especially FED.R. EVID. 406.

23. FED. R. EVID.609(a)(1). Admissibilityof this type of evidence isat the court’s discretion.Id.

24. FED. R. EVID.609(a)(2).

25. FED. R. EVID.608(b)(1). Admissibility ofthis type of evidence is at

the court’s discretion. Id.

26. 1 PHILLIP C. JESSUP,ELIHU ROOT 133 (1938).

27. Susan P. Koniak, TheLawyer’s Responsibility tothe Truth, 26 HARV. J.L.& PUB. POL’Y 195, 195(2003). Id. at 197 (foot-notes omitted).

28. John R. Kroger,Enron, Fraud, andSecurities Reform: AnEnron Prosecutor’sPerspective, 76 U. COLO.L. REV. 57, 58–59 (2005)(citing Patty Reinert, TheFall of Enron: Watkins toDiscuss Now-famousMemo, Enron Exec Plansto Bring More Documentsto Hearing, HOUSTON

CHRON., Feb. 13, 2002,at A19; James K.Glassman, Diversify,Diversify, Diversify, WALLST. J., Jan. 18, 2002, atA10; Michael Lietdke,Proud “Papa” RecognizesSome Faults in 401(k)s,HOUSTON CHRON., Sept.23, 2002, at B3).

29. See The GallupOrganization,Honesty/Ethics inProfessions (2008),http://www.gallup.com/poll/1654/Honesty-Ethics-Professions.aspx (last vis-ited Mar. 13, 2009).

30. Patrick J. Schlitz, OnBeing a Happy, Healthy,and Ethical Member of an

Unhappy, Unhealthy, and

Unethical Profession, 52

VAND. L. REV. 871

(1999).

31. Megan Tschannen-

Moran & Wayne K. Hoy, A

Multidisciplinary Analysis

of the Nature, Meaning,

and Measurement of

Trust, 70 REV. ED. RES.

547, 559 (2000).

32. See, e.g., United

States v. Lopez, 4 F.3d

1455, 1461 (9th Cir.

1993).

33. JOHN STUART MILL,

ON LIBERTY 22-23 (G.

Sher, ed. 2001) (1869).

could be encouraged. But this requires that thenorm become an explicit part of the stated mis-sion of each group and that it be enforced: itmust become something over which real penal-ties of disapproval and even ostracism can beimposed. It will not be easy; attempts at com-bating racism in the legal profession over manydecades attest to this. But it is a task worthundertaking. ■

Protection of this trustis so important thatthe lawyer is expectedto subordinate his orher own interests tothose of the client.

Bruce Frohnen

“Know Thyself ”–Socrates

“Control Thyself ”–Cicero

“Give Thyself ”–Jesus

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