Murphy Elected President Of American Philosophical Association Pacific Division  7.23.03
Jeffrie Murphy, Regents' Professor of Law, Philosophy, and Religious Studies at The College of Law, was recently elected President of the American Philosophical Association's Pacific Division. 

Professor Murphy will serve as Vice President beginning in July 2004 and as President beginning in July 2005, giving the Presidential address in March of 2006 to the members of the Pacific Division. "The letter informing me of my selection came as a total surprise and it was a source of pleasure and pride," he said. 

The American Philosophical Association was founded in 1900 to promote the exchange of ideas among philosophers to encourage creative and scholarly activity in philosophy, to facilitate the professional work and teaching of philosophers, and to represent philosophy as a discipline. The Association is one of the largest philosophical societies in the world.

"This is a wonderful tribute to the quality and significance of Jeff's work," said Patricia White, Dean of The College of Law. "The APA divisional Presidencies are awarded on the basis of lifetime achievement and are not offices for which people run."

Saks To Speak On Psychology and Law At ABA National Institute                    7.21.03
Michael J. Saks will be a featured speaker at Psychological and Other Expert Testimony in Civil and Criminal Litigation. This two day National Institute, which brings together experts in the fields of psychology and law, has been designed to promote a better understanding of psychology for lawyers and of law for psychologists; increase psychologists' skills related to the practice of law and legal settings and their understanding of legal standards, and provide current psychological science for lawyers and address the proper use of psychological evidence in litigation. Presenters are nationally recognized psychologists, other experts in mental health law, and lawyers who have facilitated successful outcomes in civil and criminal litigation.

GAO To Begin Recruiting At The College of Law                                                    7.17.03
The General Accounting Office, Congress' lead investigative arm, has added the College of Law at Arizona State University to a select number of law schools from which it hopes to recruit its future legal talent.

General Counsel Anthony Gamboa and Managing Associate General Counsel Kathleen Wannisky visited with Ilona DeRemer, W.P. Carey Director of Career Services, Kathlene Rosier, Director of the Indian Legal Program and other staff members on Wednesday afternoon, July 16, 2003 at the College. Gamboa said that in the past GAO recruited among a small number of east coast law schools but now wants to improve the agency's regional and ethnic diversity.

The General Accounting Office is a misnomer, Gamboa said. "Our agency assists Congress in carrying out its investigation and evaluation role." He noted that a proposal has been made to change the name to "General Accountability Office" in order to get away from the concept that the agency is only about accounting.

The agency operates through teams that specialize in specific areas of government. Members of Congress ask the agency to investigate particular problems and the selected team relies on the General Counsel's office to provide legal support for the investigation. The agency also adjudicates government procurement disputes, rules on the propriety of appropriation requests and provides formal legal opinions to Congress.

Its recruitment efforts include summer associate positions for second year law students, which Gamboa said often leads to employment offers after graduation. GAO representatives will be returning to the College to participate in the fall 2003 recruitment program.

New Computer Applications Make Book Purchases Easier, Create Virtual "Colloquy." 7.15.03
The College of Law's IT Department and the Student Services Office have implemented two new web-based applications that will make make book purchases easier and facilitate greater communication within the student body. Students can now discuss issues at The College of Law in the Colloquy: The Message Board of the College of Law, and purchase class books directly from Amazon.com.

"These new applications are one more step toward fully integrating the world-wide web into The College of Law experience," said Brian McFarlane, The College of Law's IT Director. "We hope that the students will take advantage of this great new utility. With the Colloquy, students can come together in a virtual space to exchange information, news and ideas."

The Amazon.com book purchase option has the added benefit of aiding The College of Law's ongoing transformation of its technology infrastructure. 

"15% of all such purchases will be used to purchase technology in Armstrong Hall and the Ross-Blakley Law Library that will directly benefit students," said Assistant Dean for Student Life and Development Michael Bossone.

Strouse Republic Op-Ed Sifts Through Line-Item Hypocrisy Claims 7.11.03
College of Law Professor Dan Strouse contributed a signed opinion piece to the Arizona Republic on July 6, examining Arizona Governor Janet Napolitano's use of the line-item veto.

Marchant Awarded $500K Grant to Analyze Legal Implications of Genome Sequencing 7.9.03
Gary Marchant, Professor of Law and Executive Director of the Center for Law, Science and Technology at the College of Law at Arizona State University has been awarded a $500,000 grant over two years from the National Institutes of Health to analyze the legal, ethical and policy effects that sequencing the human genome will have on federal environmental policy and regulation.

Professor Marchant said, "Mapping the human genome will cause an explosion in man's knowledge of genetic factors that affect individual human susceptibility to environmental pollution. The law needs to adjust and expand to meet this explosion. With this grant we will start what surely will be a long-term legal effort to catch-up with this emerging knowledge."

Professor Marchant will be lead a team that includes Dr. Andrew Askland, Director of the Center for Law, Science and Technology, Dr. Richard Sharp of Baylor College of Medicine and Jamie Grodsky, Associate Professor of Law at the University of Minnesota Law School.

The study will focus on four specific areas: First, it will survey the impacts new data on human genetic susceptibility to adverse environmental factors has on existing laws and regulations. It will analyze how the new human genome data can be integrated into existing legal structures. It will identify the ethical and policy considerations that must be addressed in using the new genomic data in environmental decision-making. Finally, with the information developed from these analyses, the team will develop criteria for using data about the human genome in environmental regulation.

"New genetic knowledge has revealed that we are all individually unique in how we respond to foreign materials entering our bodies, whether they be industrial chemicals, pollutants, drugs, foods or viruses", Professor Marchant said. "The way we regulate the environment will have to be revised to take account of our new ability to identify those who are most likely to be adversely affected by particular environmental exposures and those who are not."

Professor Marchant received both undergraduate and doctoral degrees in genetics from the University of British Columbia. He also earned a master's in public policy from the Kennedy School of Government at Harvard and a Juris Doctor from Harvard Law School where he was Editor-in-Chief of the Harvard Journal of Law & Technology and editor of the Harvard Environmental Law Review. Before joining the College of Law, he was a partner in the Washington office of Kirkland & Ellis, where he practiced environmental law.

The National Institutes of Health is an agency within the federal Department of Health and Human Services, composed of a number of Institutes, two of which, the National Institute of Environmental Health Sciences and the National Human Genome Research Institute, are funding Professor Marchant's study. The over-all goal of the National Institutes of Health is to provide knowledge that will improve the public's health. This fiscal year, Congress appropriated approximately $23.4 billion to conduct research in its laboratories, support research at universities and health related institutions and foster communication of medical information.

MartinWins Rudd Scholarship, 4th College of Law Student to Win 7.9.03
Hilary Martin  (2L), was recently selected as a recipient of a $5,000 Joe Rudd Scholarship. The Joe Rudd Scholarship is sponsored by the Rocky Mountain Mineral Law Foundation in Westminster, CO. Applicants were selected from students representing 10 law schools; the Scholarship Committee authorized five scholarships this year. The Foundation awards scholarships to law students pursuing an interest in, and study of, natural resources law. Ms. Martin is the fourth College of Law student to receive a Rocky Mountain Mineral Law Foundation Scholarship. In addition to the scholarship, she was also extended an invitation to attend the 49th Annual Rocky Mountain Mineral Law Institute this summer in San Diego, CA.

Graduate Wins Burkan Intellectual Property Competition 7.9.03
Jay Calhoun ('03), was recently awarded first prize in the 2003 Nathan Burkan Memorial Competition. Ms. Calhoun's winning paper was entitled, "Faculty, Copyright, and Arizona State University's Concept of 'Substantial Use of Resources' - Who Owns What?" The Nathan Burkan Memorial Competition, sponsored by the American Society of Composers, Authors, and Publishers in New York, focuses on aspects of Copyright Law.

Penology Journal Publishes College of Law Philosophy Conference Symposium Issue 7.8.03
The July 2003 issue of Punishment and Society: The International Journal of Penology contains collected papers originally presented at Religion and the Criminal Law--Legal and Philosophical Perspectives, a February 2002 conference sponsored by The College of Law, the Department of Philosophy, and the Department of Religious Studies. While the presenters came from varying traditions, and included non-believers, all examined Christian approaches to criminal law as legitimate competitors in the marketplace of ideas. 

Principal papers were presented by The College of Law's Regents' Professor of Law & Philosophy & Religious Studies, Jeffrie Murphy; Cornell University Professor of Law Stephen Garvey; University of Stirling Professor Antony Duff; University of Michigan Harry Burns Hutchins Professor of Law Joseph Vining; John Witte, Jr., the Jonas Robitscher Professor of Law and Ethics, Director of the Law and Religion Program, and Director of the Center for the Interdisciplinary Study of Religion at Emory University; and The College of Law's Vice Dean and Professor of Law Patrick Brennan. 

Murphy argued that Christian thinking about punishment should be organized around the value of love and tried to indicate how commitment to this value might play out in the contemporary world. Garvey argued that it is both morally and legally important to distinguish between wrongdoers who act in defiance of their consciences and those who do not. Duff summarized and enriched some of the ideas that find a detailed expression in his recent book Punishment, Communication, and Community. Vining argued that corporate criminality is best understood in terms of concepts that have a religious dimension--particularly the concept of an entity that cannot be reductively analyzed into constituent material elements in non-organic relations with each other. Witte argued that views on illegitimacy that are deeply wrong and often founded in perverse religious understandings still infect contemporary practice - practices that can best be reformed through the application of better religious ideas. Finally, drawing on Roman Catholic moral theology, Brennan argued that criminal responsibility should to a greater degree be based on whether defendants did the best they could under the particular circumstances.

College of Law Alumna Honored As First Recipient of Justice David Wellington Chew Award 6.30.03
The Asian Pacific Interest Section (APIS) of the State Bar of Texas recently named College of Law alumna Brenda T. Rhoades, a partner in the Dallas office of Baker Botts L.L.P., as the first recipient of the Justice David Wellington Chew Achievement Award. Ms. Rhoades received the honor for her outstanding professional accomplishments at the APIS Annual Retreat in Houston, Texas on June 14, 2003.

The Achievement Award is given to a member of the APIS who through professional accomplishment and outstanding legal service best represents an exceptional member of the profession.
"Brenda is an invaluable asset to both the legal and Asian Pacific American communities," says Charlene Tsang-Kao, Immediate Past Chair of APIS. "We have no doubt she will make an outstanding judge and continue to represent the legal and APA communities with honor."

In addition to being honored with APIS' Achievement Award, Ms. Rhoades has been selected by The United States Court of Appeals for the Fifth Circuit for appointment as a U.S. Bankruptcy Judge for the Eastern District of Texas at Plano. Her appointment is subject to satisfactory completion of a background investigation. Once approved, she will replace Chief Judge Donald R. Sharp, who retires on August 31, 2003.

A native of Seoul, Korea, Ms. Rhoades' practice covers virtually every aspect of bankruptcy and corporate finance law. She is recognized for her expertise in such matters as fraudulent transfers and leveraged buyouts, the management of distressed venture capital portfolios, and intellectual property issues related to bankruptcy.

Ms. Rhoades has been admitted to the U.S. District Courts for the Northern District of Texas, the Southern and Middle Districts of Florida, and the District of Alaska. She is also active in the legal community, serving as Chair for the State Bar of Texas, Asian Pacific Interest Section; member of the Board of Directors, Dallas Bar Association; President, Dallas Asian American Bar Association; and Vice President, Membership, National Asian Pacific American Bar Association. Ms. Rhoades received her J.D., magna cum laude, from The College of Law in 1989, and her B.S. from Texas A&M University in 1986.

Award Winning Alumnus Credits Justice Berch & The College of Law with Legal Writing Success 6.30.03
Jason White, a 1997 alumnus of The College of Law at Arizona State University received the prestigious Burton Award for excellence in legal writing on Tuesday, June 17, 2003. White is now an associate at Cadwalader, Wickersham & Taft in New York City. White co-wrote the winning article with John H. Bae, a partner in the firm. The ceremony was held in the Great Hall of the Library of Congress.

The Burton Award is sponsored by the Burton Foundation, a recently established non-profit organization that, since 2000, has given awards for excellent legal writing exemplifying clarity and brevity. The Burton Award is a national program, dedicated solely to refining and enriching legal writing by lawyers and law school students. The program rewards authors who use plain, modern language and avoid archaic, stilted legalese. White credits The College of Law Legal Writing Program, and Arizona Supreme Court Justice Rebecca Berch in particular, with his success. "These are qualities that my own Legal Writing professor, now Justice Rebecca Berch, drilled into our heads remorselessly. Any merit attributable to me in the article I co-wrote was the result of skills I acquired at ASU," he said, "and the philosophy underpinning the award mirrors that which was taught to us in the Legal Writing Program."

Justice Berch pioneered the Legal Writing Program at The College of Law, sometimes teaching as many as one hundred fifty students at one time. "I regard Justice Berch as an extremely tough professor and attorney, but also as a mentor," White said. "It was tough to come to grips with her expectations, but it saved me a lot of time after I got out of school."

The Program, now headed by Professor Judy Stinson, has five full-time faculty, all of whom have had experience practicing law prior to teaching. Students who graduate from The College of Law have a solid foundation in legal research and writing due in large part to the professionals who are available on a regular basis. Students are capable of meeting the demands of their professors and their employers, and they understand the requirements of successful communication in practice.

Award recipients were selected from nominations by deans of the 181 ABA-accredited law schools, as well as from nominations by managing partners of the 500 largest U.S. law firms.

Legal Writing Profs Give Judges Refresher Course 6.25.03
Legal Writing Professor and Legal Writing Program Director Judith Stinson joined Legal Writing Professor Kirsten Davis in presenting The Writer's Toolbox for Judicial Writing at the 2003 Arizona Judicial Conference on June 17, 2003. Approximately 70 judges statewide attended the session.

Republic Cites Sylvester on Internet Filters 6.25.03
The Arizona Republic cited College of Law Associate Professor Doug Sylvester in a June 24th article, wherein Professor Sylvester discussed the impact of the Supreme Court's recent decision allowing the federal government to require libraries to use content-filters as a condition of receiving federal funds. Read the article here.

Ellman and ASU Psych Professors Show Negative Effects of Post-Divorce Moves 6.25.03 
A parent's move to another city after divorce may have a negative impact on a child, according to a new study by a team of ASU researchers. The findings contrast with assumptions made by some courts that a child's interests are best served by allowing a custodial parent to move and improve his or her circumstances.
The findings of the study, by ASU Psychology Professors Sanford Braver and Bill Fabricius and Law Professor Ira Ellman, appear in the June issue of the Journal of Family Psychology, published by the American Psychological Association. The report has been publicized widely, inspiring debate from Texas to Australia.

Courts throughout the country have struggled with conflicts between divorced parents when the custodial parent seeks to move with the child to a distant city. While each state deals with the issue differently, the researchers say a recent trend, beginning with cases such as the 1996 "Burgess" decision by the California Supreme Court, has favored the custodial parent seeking to move. The decision said the custodial mother was entitled to move for whatever reason she wished, as long as the move was not expressly to limit the father's access.
The legal conclusion was based in part on the assumption that the child was usually better off if the custodial parent was allowed to live where he or she wished, even if the move reduced the child's contact with the other parent.

"There is an assumption that essentially what is good for the custodial parent is good for the child," says Braver. "The assumption in part says that if something improves the parent's life then it will trickle down to the child. Based on our results, that doesn't appear to be the case."

"Relocation cases are difficult" Ellman says, "because often both parents have valid but conflicting concerns. In such cases especially, the child's interests are paramount, and it is therefore a particular problem if courts make unsupported and possibly erroneous assumptions about the child's interests." 

The researchers surveyed students in an introductory psychology class at ASU, asking if their parents had been divorced, if there had been any moves and a series of questions regarding the respondents' emotional response to the move, general life satisfaction, current health status, relationship to parents and perceptions of having had "a hard life."

Of the students surveyed, 602 had divorced parents. That group was then broken into two subgroups - students who had either parent move after a divorce and those whose parents had not relocated.

The results showed the group who had experienced a move had significantly higher negative impacts in general health, greater concern over parental financial support and more distress over the divorce. The results also showed the parental move group also thought their parent's had a worse relationship and perceived their parents to be less of a source of emotional support than those who had not moved. Similar negative results appeared regardless of which parent had moved.

Fabricius says that while the study is correlational and does not claim to prove a direct connection between moves and the negative consequences, "It definitely appears to be associated with these problems." 
The issue is again before the California Supreme Court, which recently accepted a new case in which the father asked to court to reconsider the Burgess precedent. The ASU study has been cited in briefs filed with the court. Dates have not been set for oral arguments, but a decision should come sometime in the fall. 

"We will certainly be interested to see what the court does with these new findings," says Ellman.

Republic Cites Feller on Politics, Forest Management 6.17.03 
The Arizona Republic cited College of Law Professor Joseph Feller in a June 16th article. Professor Feller discussed the relationship between federal forest management policies and the timber industry. Read the article here.

The College of Law Hosts CLEO for Second Straight Year 6.11.03
The College of Law is hosting the Council on Legal Educational Opportunity's summer law-school preparatory program for the second straight year. The Council on Legal Education Opportunity, or CLEO, is a non-profit subsidiary of the ABA Fund for Justice and Education, dedicated to diversifying the legal profession by expanding legal education opportunities for minority, low income and disadvantaged students. CLEO students live on-campus and take intensive six-week courses in Civil Procedure, Constitutional Law, Legal Writing, and other seminars relevant to law school success.

"It's a great opportunity for the students," said Kate Rosier, Director of the Indian Legal Program and CLEO summer institute organizer. "But it also gives The College of Law a chance to impress upon dozens of future lawyers from all over the country what a great institution this is, and what a tremendous faculty we have."

Myles Lynk Honored by Arizona Bar 6.11.03
Arizona's lawyers are showing their appreciation for Myles Lynk's efforts to clarify who can practice law in the state.  Lynk, Kiewit Foundation Professor of Law and the Legal Profession, will be honored with an Award of Appreciation from the State Bar of Arizona at the 70^th Annual State Bar Convention on June 13, 2003.  The Award is given to an "individual, a non-member of the bar, in recognition of outstanding service toward the creation of a better public understanding of the legal profession and the administration of justice, the judiciary or the legislative process."

Professor Lynk is being honored for his service as co-chair of the State Bar's Arizona Task Force on Multi-jurisdictional Practice, which is charged with the modification of certain Ethical Rules governing the practice of law in the state.  The Task Force proposed changes to Rules 5.5 and 8.5, which deal with the practice of law in Arizona by lawyers admitted in other jurisdictions, and the reciprocal enforcement of sanctions between states against lawyers for the unauthorized practice of law. As a result of their efforts, the State Bar Board of Governors approved the amendments and submitted them for adoption by the Arizona Supreme Court.

"The significance for the public," Lynk said, "is that these changes will make it easier for lawyers to represent clients wherever the client's needs are, while providing a means for state bar disciplinary authorities to discipline lawyers who are not members of that bar, but whose conduct occurs in their state."

The amendment to Ethical Rule 5.5 would permit limited forms of legal practice in Arizona by lawyers who are admitted in other states but not in Arizona.  The amendment to Ethical Rule 8.5 allows for greater enforcement of Arizona's rules against lawyers from other jurisdictions whose conduct here violates the rules of unauthorized practice of law.  Under the new guidelines the Arizona Bar would recommend disciplinary action to the bar association in which the attorney is licensed to practice.  Should Arizona attorneys practicing in other states violate the rules of other jurisdictions, those bar associations could recommend disciplinary action to the Arizona bar.

"Since lawyers in the United States are licensed and regulated by over fifty different jurisdictions," Lynk said, "it is necessary to take account of the different jurisdictional prerequisites even as we seek to both facilitate and regulate the national practice of law for clients whose lives and business interests cross state lines."

The College of Law's Web Calendar Goes Live 6.11.03
The College of Law's web-based events calendar went live on June 9th. In addition to providing real-time updates to The College of Law's list of coming events, the new calendar features views customizable based on particular interests.

"The calendar was quite a challenge," said Brian McFarlane, The College of Law's IT Director. "We had to build many of its components from scratch. We were very lucky to have a programmer as talented as Faraz Khan on hand to help us get the job done. Now we've got a terrific new utility that will help students, faculty, staff and the community keep current on what's going on at The College of Law."

ABA Journal Chronicles the Impact of Ellman's Principles 5.20.03
The ABA Journal's June edition explores the current debate surrounding the American Legal Institute's Principles of the Law of Family Dissolution. Willard H. Pedrick Distinguished Research Scholar and Professor of Law Ira Ellman was Chief Reporter on the 1,200 page report, which recommends that jurisdictions standardize family dissolution law, taking into account the rights and concerns of unmarried couples. Read the article here.

Weinstein Pro Bono Case Gets National Attention 5.20.03
The National Law Journal's May 12th edition features a profile of a case in which the defendant is represented pro bono by The College of Law's Amelia Lewis Professor of Constitutional Law, James Weinstein. Weinstein's client, Robert Mullally, violated a court order, exposing the Los Angeles Police Department's practice of protecting police officers who had committed domestic violence. Read the article here.

Class of 2003 Graduates 5.16.03
The College of Law's Class of 2003 became Juris Doctors before a capacity crowd of family, friends and well-wishers on May 16th at Gammage Auditorium. 

After presenting Professor of Law Emeritus Alan Matheson with the Outstanding Faculty Award, class graduation speaker Lorenzo Jones, a retired Mesa firefighter, treated the assembly to a string of humorous emails sent by his fellow firefighters after they learned Jones was going to law school. "Each of those writers had had some bad experience with a lawyer," said Jones. "But as new lawyers, we have an opportunity to change those perceptions. Remember: the law is about people and justice."

Kiersten Murphy received the John S. Armstrong award. The College of Law faculty selects the recipient of the John S. Armstrong award based upon high academic performance and contribution to The College of Law. Murphy thanked parents and loved ones on behalf of the class.

Arizona Governor Janet Napolitano delivered the convocation address. Governor Napolitano charged the graduates with meeting the legal and social challenges of a rapidly changing and diversifying twenty-first century. "1.5 million years elapsed between the discovery of fire and human use of the wheel. It took only 5400 more years for us to combine those technologies and go for a great buggy joy-ride across the Sea of Tranquility. Today's palm-pilot has greater computing power than all the computers used in the Apollo program. And as the development of technology continues to accelerate, society will ask lawyers--more and more--to help sort things out."

Vice Dean and Professor of Law Patrick Brennan joined Professor of Law Michael Berch in hooding the graduates. Associate Dean Leslie Mamaghani presented the graduates, who were then greeted by Dean Patricia White. Events Coordinator Amanda Breaux and Director of Alumni Relations Alexandra Parker presented the class with their diplomas.

Following the presentation of diplomas, Dean Patricia White recognized students graduating with cum laude and/or pro bono distinctions. The College of Law held a reception for graduates and their guests following the convocation.

The College of Law Students Brief Governor on AZ-Sonora Issues 5.01.03
On April 30, seven students from The College of Law, led by Adjunct Professor of Mexican Law, Ed Ranger, presented Arizona Governor Janet Napolitano with proposals for reconciling Arizonan and Sonoran laws on matters such as illegal migration, hauling hazardous waste, cross-border healthcare issues, environmental concerns, and acceptable forms of identification. Each proposal was comprehensive, including suggestions for legislative action and proposed timelines for implementation, should the legislature act on them.

Mike Schon's presentation suggested that Arizona and Sonora develop a cross-border tracking system for harmful emissions. Steve Benedetto offered proposals that would establish a cross-border hazardous waste transportation database. Bryn Kanter explained the plight of the Tohono O'odham, a tribe whose reservation is sliced in half by national and state borders. The Tohono O'odham have faced difficulty maintaining basic societal structures as a result of the split. Ms. Kanter suggested the creation of a tribal registry recognized by both states which would allow free movement of tribe members. Higinio Arellano proposed the creation of a unified Arizona-Sonora regional identification card, acceptable by both states as identification, similar to a driver's license. Valeria Llewellyn suggested that both state adopt joint measures to deal with illegal immigrant smuggling. Her proposal would create a regional Arizona-Sonora adjudicative authority to deal with the "coyote" issue. John Molina offered a proposal which would allow doctors in both states to use a mutually recognized prescription form. Molina's proposal would protect the health of patients by alerting Mexican pharmacists to patient allergies while simultaneously aiding border authorities in their efforts against fraud and smuggling. Suzanne Long suggested several ways Arizona might recoup healthcare losses incurred while treating Mexican nationals.

Dean White Announces Graduation Awards 5.01.03
Kiersten Murphy received the Armstrong Award, for outstanding academic performance and contribution to the law school.

Andrew Jacob received the ASU Alumni Association Outstanding Graduate Award, for academic achievement and contribution to the law school and the community.

David Ahlstrom received the Matheson Service Award, for extraordinary service to the law school.

Shea Backus, Burt Binenfeld, Mary Harbulot, Lorenzo Jones, Brad Shwer, Kevin Wein, and Cathryn Whalen received the Dean's Award, for outstanding contributions to the law school and/or for outstanding academic merit.

Katosha Belvin Nakai received the National Association of Women Lawyers Outstanding Graduate Award, given for contributions to the advancement of women in society, promotion issues and concerns of women in the legal profession. Recipients must exhibit excellent motivation, tenacity, and enthusiasm, while demonstrating academic achievement and earning the respect of the law school. Ms. Nakai also received the Judge Schroeder Award, given to students with high academic achievement interested in a federal practice area.

Kevin Wein received the John J. Ross Award, given annually to the graduating student who has excelled in Business Association courses.

Kristin Mayes received the Sandra Day O'Connor Award, recognizing excellence in Constitutional Law studies.

Konnie Young received the MCBA Zeldes Community Service Award, which recognizes a student who has demonstrated a commitment to volunteerism and devotion to community service.

Kiersten Murphy and Cathryn Whalen received the International Academy of Trial Lawyers Award, which honors outstanding students in trial advocacy.

The College of Law Students Brief Governor on AZ-Sonora Issues 5.01.03
On April 30, seven students from The College of Law, led by Adjunct Professor of Mexican Law, Ed Ranger, presented Arizona Governor Janet Napolitano with proposals for reconciling Arizonan and Sonoran laws on matters such as illegal migration, hauling hazardous waste, cross-border healthcare issues, environmental concerns, and acceptable forms of identification. Each proposal was comprehensive, including suggestions for legislative action and proposed timelines for implementation, should the legislature act on them.

Mike Schon's presentation suggested that Arizona and Sonora develop a cross-border tracking system for harmful emissions. Steve Benedetto offered proposals that would establish a cross-border hazardous waste transportation database. Bryn Kanter explained the plight of the Tohono O'odham, a tribe whose reservation is sliced in half by national and state borders. The Tohono O'odham have faced difficulty maintaining basic societal structures as a result of the split. Ms. Kanter suggested the creation of a tribal registry recognized by both states which would allow free movement of tribe members. Higinio Arellano proposed the creation of a unified Arizona-Sonora regional identification card, acceptable by both states as identification, similar to a driver's license. Valeria Llewellyn suggested that both state adopt joint measures to deal with illegal immigrant smuggling. Her proposal would create a regional Arizona-Sonora adjudicative authority to deal with the "coyote" issue. John Molina offered a proposal which would allow doctors in both states to use a mutually recognized prescription form. Molina's proposal would protect the health of patients by alerting Mexican pharmacists to patient allergies while simultaneously aiding border authorities in their efforts against fraud and smuggling. Suzanne Long suggested several ways Arizona might recoup healthcare losses incurred while treating Mexican nationals.

Andrew Jacob received the ASU Alumni Association Outstanding Graduate Award, for academic achievement and contribution to the law school and the community.

David Ahlstrom received the Matheson Service Award, for extraordinary service to the law school.

Shea Backus, Burt Binenfeld, Mary Harbulot, Lorenzo Jones, Brad Shwer, Kevin Wein, and Cathryn Whalen received the Dean's Award, for outstanding contributions to the law school and/or for outstanding academic merit.

Katosha Belvin Nakai received the National Association of Women Lawyers Outstanding Graduate Award, given for contributions to the advancement of women in society, promotion issues and concerns of women in the legal profession. Recipients must exhibit excellent motivation, tenacity, and enthusiasm, while demonstrating academic achievement and earning the respect of the law school. Ms. Nakai also received the Judge Schroeder Award, given to students with high academic achievement interested in a federal practice area.

Kevin Wein received the John J. Ross Award, given annually to the graduating student who has excelled in Business Association courses.

Kristin Mayes received the Sandra Day O'Connor Award, recognizing excellence in Constitutional Law studies.

Konnie Young received the MCBA Zeldes Community Service Award, which recognizes a student who has demonstrated a commitment to volunteerism and devotion to community service.

Kiersten Murphy and Cathryn Whalen received the International Academy of Trial Lawyers Award, which honors outstanding students in trial advocacy.

Amir Attaran is a Fellow and Adjunct Professor at the Kennedy School of Government at Harvard University. He previously worked for the Sierra Legal Defense Fund in Canada. He has received grants from and served as a consultant to the Africa Fighting Malaria Foundation, the World Health Organization, the United Nations Development Program, Medecins Sans Frontieres, the Howard Hughes Medical Institute and the National Science Foundation. In addition to many scientific research publications, he has written extensively on policy issues focusing on poor countries, health, the environment and intellectual property. He holds a B.A. from Berkeley (Neurobiology), an M.S. from Caltech (Biology), a D.Phil from Oxford University (Biology) and a LL.B. from the University of British Columbia (Law).

Kaye Receives Fulbright Grant 4.22.03
Regents' Professor of Law David Kaye has been awarded a Fulbright Scholar grant for the 2003-2004 academic year.

Prof. Kaye is one of approximately 800 U.S. faculty and professionals who will travel abroad to some 140 countries for the 2003-2004 academic year through the Fulbright Scholar Program. Established in 1946 under legislation introduced by the late Senator J. William Fulbright of Arkansas, the program's purpose is to build mutual understanding between the people of the United States and other countries.

The Fulbright Program, America's flagship international educational exchange activity, is sponsored by the U.S. Department of State, Bureau of Educational and Cultural Affairs. Over its 57 years of existence, thousands of U.S. faculty and professionals have studied, taught or done research abroad, and thousands of their counterparts from other countries have engaged in similar activities in the U.S. They are among more than 250,000 American and foreign university students, K-12 teachers, and university faculty and professionals who have participated in one of the several Fulbright exchange programs.

Recipients of Fulbright Scholar awards are selected on the basis of academic or professional achievement and because they have demonstrated extraordinary leadership potential in their fields. Among thousands of prominent Fulbright Scholar alumni are Milton Friedman, Nobel Prize-winning economist; Alan Leshner, CEO of the American Association for the Advancement of Science (AAAS); Rita Dove, Pulitzer Prize-winning poet; and Craig Barrett, CEO of Intel Corporation.

Bender & O'Grady on KAET 4.22.03
Professors Paul Bender and Cathy O'Grady will appear on the Horizon Show with Michael Grant on Thursday, April 24, at 7 p.m., to provide a mid-term review of the U.S. Supreme Court's current term.

Gov. Napolitano to Speak at Graduation Ceremony 4.22.03
Arizona Governor Janet Napolitano will deliver the Convocation Address at the graduation ceremonies for the College of Law's Class of 2000 at 2:30 p.m., Friday, May 16, 2003 at the Grady Gammage Memorial Auditorium on the main campus of Arizona State University in Tempe, Arizona.

Approximately 180 students will be joined by family and friends at the ceremonies, which will also feature a speech by Edwin Lorenzo Jones, a member of the graduating Class.  A reception for attendees will follow at the College of Law.

Furnish to Present Paper at Washington University 4.22.03
Professor Dale Furnish will give one of two invited papers at a workshop hosted by the Whitney R. Harris Institute of Global Studies at the School of Law of Washington University in St. Louis, May 9-10, 2003.  The title of the Workshop is "Law and Legal Systems in Latin America."  His paper is a comparison of case law in the U.S. and Mexico entitled "The Creation, Use and Effect of Judicial Opinions."

US Bankruptcy Court Hears Arguments in Great Hall 4.14.03
The United States Bankruptcy Court held a hearing in The College of Law's Great Hall Monday, April 14, at 1:30 pm, observed by students, faculty and the public. Oral arguments on a summary judgment motion in the bankruptcy case of European Living, a retail furniture store, which involved the interpretation of the termination clause of a security agreement.

Jonathan Rose Speaks at UK History Conference 4.14.03 
The College of Law Professor and Willard H. Pedrick Distinguished Research Scholar Jonathan Rose presented English Legal History and Interdisciplinary Legal Studies at the Second International Legal History Conference at the University of Exeter, England on April 5, 2003.

Victoria Trotta Elected Law Librarian Association President 4.14.03
Victoria K. Trotta, Associate Dean for Information Technology and the Ross-Blakley Law Library at The College of Law, has been elected Vice President and President-Elect of the American Association of Law Libraries.Dean Trotta will serve a three-year term commencing at the Association's Meeting in July of this year in Seattle, Washington.

Sherrie Schmidt, Dean of the Arizona State University Libraries and University Librarian, said, "Tory will provide excellent leadership for AALL, as she does at ASU.  She is a valued and fun colleague.  This will insure effective and interesting board meetings.  I was thrilled to hear that her colleagues around the nation respect her as I do."

As President, Dean Trotta will preside over the Association's Annual Meeting in 2005.  She will also represent the Association at meetings of the Association of American Law Schools, the American Bar Association's Section on Legal Education and various international library associations.  Her presidential year will require substantial travel including a trip to England and perhaps other foreign countries in connection with the Annual Meeting of the International Law Library Association.

The American Association of Law Libraries was founded in 1906 to promote and enhance the value of law libraries to the legal and public communities, to foster the profession of law librarianship, and to provide leadership in the field of legal information.  Today, with over 5,000 members, the Association represents law librarians and related professionals who are affiliated with a wide range of institutions: law firms; law schools; corporate legal departments; courts; and local, state and federal government agencies.

Dean Trotta earned a Bachelor of Arts from Occidental College, a Masters of Library Science with a Specialization Certificate in Law Librarianship from the University of California at Los Angeles and a JD from the University of Southern California Law School.  She is a member of the Bar of the State of California.  She has been associated with the College of Law since 1996 and Director of the Ross-Blakely Law Library since 1998.  Prior to joining the College, she was the Librarian from the Phoenix firm of Lewis & Roca LLP and held various positions with the University of Southern California Law Library.

The College of Law Students Argue Before 9th Circuit 4.14.03 
Two third year students at the College of Law at Arizona State University, Kiersten Murphy and Karen Stillwell, argued before a panel of the United States Court of Appeals for the Ninth Circuit in Seattle, Washington, on Friday, April 11, 2003.

Ms. Murphy and Ms Stillwell represented Richard and Corinne Balser in a case against a United States Bankruptcy Trustee.  The case involves the question of whether a U.S. Bankruptcy Trustee is immune from suit for negligent supervision of a bankruptcy estate under doctrines of sovereign, judicial, and qualified immunity.

"This is a terrific opportunity for our students," said Professor Catherine O'Grady, Executive Director of the Clinical Program at the College of Law.  "Most practicing lawyers are in mid-career before they appear before the Ninth Circuit."

Ms. Murphy and Ms. Stillwell participate in the College's Civil Practice Clinic, which allows law students who have completed approximately half of their course work, to practice before state and federal courts and agencies under the supervision of an admitted lawyer.  In their appearance before the Ninth Circuit, Clinical Professor Bob Dauber, who before joining the College was a trial lawyer with the Phoenix office of a national law firm, supervised the students.

The College of Law's Clinical Programs offer four "hands on" opportunities for law students to gain practical experience and at the same time often provide assistance to persons in need but who cannot afford representation. The Civil Clinic is a law firm within the College. Under the tutelage of an experienced practitioner, the firm represents clients in civil disputes and administrative proceedings.  The Criminal Clinic places student/practitioners in the offices of one of the local city attorneys or the Maricopa County Attorney's office. The Public Defender Clinic works closely with the Maricopa County Public Defender's Office. The Lodestar Mediation Clinic provides opportunities to participate and gain experience in "alternative dispute resolution" or ADR, a growing area of legal practice designed to lessen the need for litigation and turn the lawyer's role from advocate to problem solver.

Kader Awarded NEH Grant 4.2.03
Professor David Kader has been awarded a grant from the National Endowment for the Humanities to attend a Summer Institute at the University of Oxford in England.  He will participate in a program entitled Representations of the 'Other': Jews in Medieval Christendom, being held at the Oxford Centre for Hebrew and Jewish Studies from July 9 through August 13, 2003. At this coming summer's Institute, participants will have the status of visiting faculty and will meet at the Centre, which has its own campus, common rooms and a 40,000 volume library. Many hundreds of scholars apply each year, but only 25 are selected from a national pool. "I am delighted with this award," said Kader. "It will permit me to continue my work with others studying similar concerns and in an extraordinary location rich in specific helpful resources."

Cohen Student Center Dedicated 4.2.03
The Ronald Jay Cohen Student Center was dedicated on April 1, 2003, in a ceremony attended by more than a hundred people. 

The Center was made possible by a donation from the firm of Beus Gilbert PLLC, in honor of Ron Cohen. In her remarks, The College of Law Dean Patricia White called the Cohen Center a "marvelous space that has already made a huge difference in our lives." One of the principal features of the Center is the Side Bar Café by Charlie, which catered the dedication. 2L Mark Candioto, who won the naming contest for the café, thanked Beuss and Gilbert for the favorable impact the Center was having on the quality of student life.

The Rebecca White Berch Pro Bono Center adjoins the Cohen Student Center. The Pro Bono Center was made possible by a donation from Professor Michael Berch in honor of his wife, Arizona Supreme Court Justice Rebecca White Berch ('79), who was also in attendance.  Professor Berch said that he wished to honor his wife not only because she had "managed to survive her 25 years of marriage to him," but also to recognize her community involvement.

Also adjoining the Center is the Olivia Birchett Student Organization Center.  The Center was made possible from funds left to the College by the late Ms. Birchett and donations in her honor from many of her admirers.  She was the first employee of founding Dean Willard Pedrick and ultimately served as both admissions officer and registrar.  Professor Allan Matheson said she often "dipped into her own money to provide scholarships to students who faced financial hardships."

Noted local artist Beth Ames Swartz, mother of 3L Jonathan Swartz, explained the background and theme of the painting that is the center focus of the entrance to the Center.  Entitled Dreams of Earth, #6, the painting was donated by Louise G. Fink to honor the contributions of the Center for Law, Science and Technology.

Tsosie Invited to Speak as Part of Michigan Law School Panel 4.2.03
The College of Law Lincoln Professor of Native American Law & Ethics and Executive Director of the Indian Legal Program, Rebecca Tsosie, sat on a panel at the University of Michigan Law School's American Indian Law Day, on March 23. The panel discussed current environmental issues in relation to Native people, in particular resources available to Tribes to address environmental quality on reservations.

Ellman Invested as Pedrick Scholar 4.2.03
The College of Law Professor Ira Mark Ellman was invested as Willard H. Pedrick Distinguished Research Scholar at 4 p.m. on Tuesday, March 25, 2003, in the Great Hall.

Geoffrey Hazard, Trustee Professor of Law at the University of Pennsylvania Law School, Director Emeritus of the ALI and a Distinguished Visiting Scholar at the College introduced Professor Ellman and his Investiture lecture, "Why Making Family Law is Hard."

In his lecture, Professor Ellman noted that law is generally designed with an instrumental purpose (to encourage or deter certain behaviors) or a fairness purpose (to compensate, punish or reward as fairness requires). Using a series of examples, he showed that family law is hard because difficulties inherent in the subject matter ensure that it is difficult to devise a rule that serves either purpose very well. He nonetheless concludes that family law rule makers should usually focus on fairness, while appreciating that law cannot replace affection in the regulation of relationships, and that closely customized results that strike the right balance in every case are beyond its reach. He concluded that the while the "reasonably accessible and efficient administration of rules that yield a crude approximation of fairness may seem a modest goal for the law", we should nonetheless "be thrilled to achieve it."

Following the lecture, comments were offered by Katharine Bartlett, Dean and A. Kenneth Pie Professor of Law at the Duke University Law School, David L. Chambers, Wade H. McCree Jr. Collegiate Professor of Law at the University of Michigan Law School, and Robert Levy, the William L. Prosser Professor of Law at the University of Minnesota Law School will serve as commentators.  Dean Bartlett also served as a Reporter on the ALI family law project. Professors Chambers and Levy were advisers. The investiture ceremony was followed by a reception in the Rotunda of the College.

Ellman joined the faculty of the College in 1978.  For the past five years, he served as the Chief Reporter of the American Law Institute's Principles of the Law of Family Dissolution. He received a Bachelor of Arts degree at Reed College in Portland, Oregon, a Master's in Psychology from the University of Illinois and his Juris Doctor from the University of California's Boalt Hall School of Law in Berkeley, California.  He clerked for Justice William O. Douglas of the United States Supreme Court and was an aide to Senator Adlai Stevenson III of Illinois.

Ellman's work on the ALI's Principles of the Law of Family Dissolution drew national attention in the fall of last year when the New York Times published a front page article about the 1400-page report.  The ALI is composed of many of the nation's most eminent lawyers, judges, and legal scholars and has prepared influential "Restatements" of case law since its founding in 1923, It has more recently moved into fields that are blends of statutory and case law, such as Corporate Governance and Family Law, retaining the familiar Restatement format while using the new label Principles.

In addition to his ALI work, Ellman is the senior author of a leading textbook on family law used in over 40 law schools.  He has published in major law journals in both the United States and abroad and serves on the Overseas Advisory Board of the International Journal of Law, Policy and the Family.  He has also written on nonprofit corporations, bioethics and health care financing and was a founding member of the Bioethics Committee of the Good Samaritan Medical Center in Phoenix.

Sandor Takes First in Tang Competition 3.28.03
1L Chris Sandor was selected as 1st place in the Judge Thomas Tang Writing Competition, sponsored by the State Bar Committee on Women and Minorities in the Law. This is the second year in a row that two College of Law students have won this contest, and only the second time that a College of Law student has taken 1st place. Sandor won a $1000 scholarship and a Palm Pilot, which will be presented at a luncheon at the Minority Bar Convention on Friday, April 4.

Pollack Makes Progress 3.25.03
On April 1st, The Law & Science Student Association will present Professor Malla Pollack, from the University of Memphis School of Law. Pollack will speak on "What is Congress Supposed to Promote? Defining 'Progress' in Article I, Section 8, Clause 8 of the US Constitution, or Introducing the Progress Clause."

Stewart to Speak on Patriot Act 3.24.03
Noted activist attorney Lynne Stewart will speak at The College of Law on March 28, at 6pm, in room 105. Her lecture, "Emphatically Not Guilty," will treat her recent arrest under the Patriot Act. Stewart is well known for her work on police brutality, black liberation, secret evidence, bias crime, terrorism, and apartheid. She has defended violent domestic groups like the Weather Underground, and more recently Sheik Omar Abdel Rahman, believed by many to have masterminded the first World Trade Center attack. In 1995, Stewart was named one of New York's 10 Best Criminal Defense Attorneys.

Mediation Team Third in Nation 3.24.03
The College of Law's Mediation Team took third place in the national competition, held over spring break in San Antonio as part of the annual ABA conference on dispute resolution. The team, consisting of Kira Weiss (1L) and K Royal (2L), placed behind the finalists, Marquette and the University of Cincinnati. While Cincinnati ultimately won, The College of Law Mediation Team Coach Ann Woodley said, "I am extremely proud of this ASU College of Law team. Not only did they perform incredibly well, but they consistently acted with grace, professionalism, and integrity." Kira Weiss is the first 1L from The College of Law to make it to the national level of the competition.

Chen's Speech Code Essay Takes 2nd in Tang Competition 3.24.03
2L Eric Chen was selected as 2nd place in the Judge Thomas Tang Writing Competition, sponsored by the State Bar Committee on Women and Minorities in the Law. His essay was entitled "Offensive Speech Codes: What Harvard Law Can Learn from Arizona State." He won a $500 scholarship and a Palm Pilot, which will be presented at a luncheon at the Minority Bar Convention on Friday, April 4.

Jones to Speak at Harvard 3.18.03
Owen Jones, Willard H. Pedrick Distinguished Research Scholar, Professor of Law and Professor of Biology in the College of Liberal Arts and Sciences, will present an invited paper on April 14th at Harvard Law School's Law and Economics Seminar. The work is entitled "The Biologically Literate Lawyer," and explores thirteen ways in which knowledge of behavioral biology can aid the efficient and effective pursuit of existing legal goals. Jones' talk is one in a weekly series that has recently included Richard Posner (Chicago & 7^th Circuit) and George Priest (Yale), as well as professors from Columbia, Harvard, and Stanford. Professor Jones specializes in issues at the intersection of law and behavioral biology. His publications have appeared in law journals of the Yale, Harvard, Northwestern, Michigan, Cornell, and University of California (Berkeley) law schools, among others.

Murphy's Getting Even Explores Limits of Forgiveness 3.18.03
The College of Law Professor and philosopher Jeffrie Murphy's most recent book, Getting Even--Forgiveness and its Limits, explores the social usefulness of emotions most often regarded as negative, such as anger and desire for revenge. Amazon.com says Murphy's book provides, "a nuanced approach to a proper understanding of the place of our strongest emotions in moral, political, and personal life, and using lucid, easily understood prose, this volume is a classic example of philosophical thinking applied to thorny, everyday problems."

Rose Takes Expanded Investiture Lecture to Berkeley 3.13.03
On Mon March 17, Professor Jonathan Rose will speak at the University of California, Berkeley, to the Center for the Study of Law and Society as part of their Spring 2003 Speaker Series. Prof. Rose's lecture is entitled, "Feodo de Compedibus Vocato le Sewet" or "Greasing Justice in Fifteenth Century England: Sir John Fastolf's Litigation and Will Contest." The lecture is an expanded portion of his Willard H. Pedrick Distinguished Research Scholar Investiture lecture, which was based upon research Prof. Rose conducted last spring, during his sabbatical at Magdalen College, Oxford.

LASSA Hosts Attorney Stephanie McRae on Biotech Life Cycles 3.13.03
Stephanie McRae (cum laude '93), partner in Jennings Strouss & Salmon and Chair of the firm's Biotechnology and Life Sciences Group, spoke on the "Life Cycle of a Biotech Company" at The College of Law, on March 11^th. Her LASSA sponsored lecture delved into the history of biotech, popular concerns over GM foods, the pharmaceutical industry, and the challenges businesses face when dealing with government regulation.

Dispute Resolution Meeting to be Held at The College of Law 3.10.03
The Maricopa County Alternative Dispute Resolution Association will hold its March membership meeting at The College of Law March 12, at 4pm, in the Law Library classroom. Theresa Ozuna will speak on cultural differences and biases in mediation.

John Morris Diversity Forum Examines Civil Rights in Wartime 3.7.03
More than a hundred College of Law students, staff, faculty and visitors attended the John Morris Diversity Forum. This year's forum topic was Civil Rights in a Time of War. Professor Alan Matheson, who, along with Professor John Morris, was charter faculty member, began the program by speaking briefly about Professor Morris' life, noting that while he faced continuing discrimination because of his African American heritage, he did not become bitter, but rather channeled his experiences into helping others. The late Professor Morris taught at the College of law for over 25 years.

Kiewit Foundation Professor Myles Lynk moderated the Forum, saying that since the terrorist attack on September 11, 2001, the nation has undergone significant changes, which may be necessary to deter a real and immediate threat. He cautioned that the changes have also brought about a fundamental shift in the nation's approach to civil rights.

Professor James Nickel pointed out that most the rights we consider fundamental are, in practice, variable. He pointed to the Constitution's right to the Writ of Habeas Corpus, which contains an oft forgotten qualification allowing for suspension during times of civil disturbance. He said that in times of war, judges apply a lower standard of scrutiny to the government's protection of civil rights and give greater deference to military and political leaders. These changes, he concluded, can put minority groups, particularly those identified with the enemy, at risk.

Professor Catherine O'Grady described the USA Patriots Act, passed by Congress immediately after September 11^th. She read letter from Senator Patrick Leahy (D, Vt.), a sponsor of the Act, to Attorney General John Ashcroft, in which the Senator expressed concern that the Department of Justice was applying provisions of the Act in ways not contemplated by its drafters. Professor O'Grady listed a number of individual rights the protection of which is being eroded by use of the provisions of the Act.

James Weinstein, Amelia Lewis Professor of Constitutional Law, said that in such times it is important to identify "core rights", which he defined as those that trump general societal utility or good. Using the right to free speech as an example, he said the core right is to criticize government and its policies including the policy of pursuing war. The lessons of history tells us that governments overstate the dangers and courts become more malleable in protecting against government curtailment of rights, which he concluded is the reason to stay focused on the core rights.

Professor of History and Visiting Professor of Law, T. J. Davis, pointed out that essential to the Anglo-American concept of law is a continuing balancing of interests. Currently the nation is struggling with the balance between individual security against government intrusion and the nation's security against attack. This balancing requires an inquiry into the values that define our society. United States Supreme Court Justice William Rehnquist has quoted an ancient Latin maxim that translates, as "In war the law is silent". That is the wrong maxim to follow, Professor Davis said. Instead in times of crisis, the law must speak most loudly and clearly.

ABA/LSD Sponsors Diversity Through Film Festival  3.4.03
The College of Law chapter of the American Bar Association Law Student Division will sponsor the Diversity Through Film Festival, every Wednesday evening at 6:00 p.m., beginning February 12, 2003, and continuing on for five weeks thereafter. Following each film, a College of Law faculty member will lead a discussion. 

This week's film is El Norte, which chronicles the struggles of a group of siblings who try to overcome tragedy on their way to a new life in the United States.

Justice Souter cites Professor Clinton in Navajo Case Dissent 3.4.03
In his dissent in the recently decided U.S. v. Navajo Nation, Justice Souter, joined by Justices Stevens and O'Connor, cited Isolated in Their Own Country: A Defense of Federal Protection of Indian Autonomy and Self-Government, 33 Stan. L. Rev. 979, 1002-1003 (1981), an article by College of Law Professor and Barry Goldwater Chair of American Institutions, Robert N. Clinton. In Navajo Nation, the Court held that the U.S. could not be held liable in damages for improper political contacts undertaken by the Secretary of the Interior in connection with setting royalty rates on mineral leases between tribes and third parties that required approval of the Secretary. Professor Clinton's cited article argued that the Secretary's power to approve such leases was part of a greater general trust responsibility, which requires that the Department pursue the Tribes' best interests.

Furnish to Deliver Paper in Hermosillo 3.4.03
Professor Dale Furnish will deliver a paper on "The Development of a Community Law within the NAFTA Countries" on Friday, March 14 at the University of Sonora in Hermosillo, as one of the keynote speakers for that school's Symposium on NAFTA.

Paul Bender to Speak on Michigan Affirmative Action Case 3.2.03
College of Law Professor Paul Bender will speak on "The Great Affirmative Action Debate--The University of Michigan Case," March 6 at 2pm at the Phoenix Corporate Center. The event is sponsored by the Arizona Women Lawyers Association. Attendees may qualify for CLE credit. Admission is $25 for AWLA members, $75 for non-members in advance, and $85 at the door. A reception will follow the program. Call 602-863-7678 for more information.

Michigan Symposium Panel to Feature David Kaye 2.28.03
Regents' Professor of Law and Jurimetrics Journal Editor, David Kaye, will travel to the University of Michigan Law School on March 7th for a symposium entitled " Life Sciences Technology and the Law." Kaye will participate in a panel discussing "Life Sciences in the Courtroom," the aim of which is to explore the role of new technologies in traditional court functions.

VITA returns to the College of Law 2.25.03
College of Law students, working through the Volunteer Income Tax Assistance Program, will provide free assistance preparing tax returns to low-income filers, the elderly, disabled individuals, and ASU students and staff. Student volunteers receive both federal and state tax training and must pass an IRS proficiency test. They can prepare simple tax returns and give limited assistance on more complicated returns. Students are not able to prepare complex returns, such as those with capital gains or the sale of securities. For international students, sessions will be held Wednesdays, from 6:30 to 9:30, ending April 9th. U.S. Citizens, sessions will be held on Thursdays, from 6:30 to 9:30, ending April 10th. Call 480-965-1416 for details.

Baier Joins College of Law as Asst. Dean of Inst. Operations 2.25.03
Christopher J. Baier, Deputy Director of the Arizona Department of Commerce, has been named Assistant Dean for Institutional Operations at the Arizona State University College of Law.

Baier has been Deputy Director of the Commerce Department since January 2001. Previously he served as Assistant Deputy Director for Administration and Director of Sports Development at the Department. At the College of Law, Baier will assume the duties generally assigned to a chief financial officer of a corporation. College of Law Dean Patricia White said, "Chris will be an enormous addition to the law school. He is a sophisticated financial analyst and lawyer."

Baier received a B.S. in accounting from Villanova in 1986. In 1992, he took a J.D. from the University of Arizona College of Law, where he received the Order of the Coif. He clerked for the Arizona Supreme Court and received the 4^th highest score in Arizona on the entrance examination for Certified Public Accountants.

Benefit Wraps Up Busy Week For ILP 2.25.03
The ILP Scholarship Benefit, held at the Heard Museum on Friday the 21st, wrapped up a busy week for the College of Law's Indian Legal Program. Following a  capacity-crowd Indian Law CLE in the Great Hall and Thursday's Goldwater Lecture, the Heard benefit attracted nearly a hundred benefactors who bid on items such as oil paintings, sculpture, Phoenix Suns memorabilia and expert beadwork. Dean Patricia White said the event, which attracted Indian Law luminaries from around the country, "Shows that the Indian Legal Program has become the national focal point for serious Indian Law Scholarship." 

Dean White also announced the establishment of a scholarship fund, made possible by a generous donation from Patrick J. McGroder of Gallagher & Kennedy, and his wife, Susan. The new scholarship will be named for ASU Presidential Advisor on Indian Affairs and former Navajo President, Peterson Zah, and given in honor of the Hanks, Sloan and Redhouse families. Mr. McGroder said, "It's an honor to call Peterson Zah my friend. He has been a stalwart in advancing the cause of education of Native Americans throughout the Southwest. It is a privilege to have him share this honor. I hope the scholarship will perpetuate the memory of three families who died so tragically."

Rose, Tsosie to Speak at Ethics Conference  2.25.03
Willard H. Pedrick Distinguished Scholar and Professor of Law Jon Rose will speak at the Ethics Conference: "When Cultures Clash," February 27-28, sponsored by the Lincoln Center for Applied Ethics. His presentation will focus on the rule of law in the west. Rose will speak on the 27th, in the University Club Club Room, at 2pm. Lincoln Professor of Native American Law Rebecca Tsosie will also participate in the conference, moderating a panel on Indigenous Peoples and Environmental Conflict. More information.

Moot Court Environmental Team Advances to Quarter-Finals 2.25.03
The College of Law Moot Court Environmental Team advanced to the quarter-finals after defeating one of last year's finalists at Pace University. Tameka Fox, Executive Moot Court Board Member, said Lorenzo Jones, Amy Nguyen & Andrea Gonzales, "represented ASU well, and deserve congratulations." Lorenzo Jones was named Best Oralist during their first preliminary round and 2nd Best Oralist in the second preliminary round.

Cavender & Osman Reach Top-5 in Jessup Regionals 2.24.03

Jonathan Cavender and Chantelle Osman placed among the top five oralists at the Regional level of the Jessup Moot Court Competition, held over the weekend of February 22nd in Tucson, at the University of Arizona. "ASU's Jessup team achievement is consistent with our strong reputation in the competition over the last 10-15 years," said College of Law Professor Dale Furnish.

College of Law Mediation Teams Take Regionals 2.24.03
The College of Law Mediation Team won the Regionals of the ABA Section of Dispute Resolution's "Representation in Mediation" Competition, held over the weekend of February 22nd, in Albuquerque, New Mexico. 

After eliminating all other competitors, only College of Law teams were left to compete in the final rounds. May Mowzoon (2L) and Anne-Leigh Moe (1L) took on Kira Weiss and K. Royal. Though Moe and Mowzoon were ranked first going into the finals, Weiss and Royal ultimately prevailed. Ann Woodley, who serves as coach, Lodestar Mediation Clinic Director and Clinical Professor, drew upon dispute resolution language to describe the event, calling the all-ASU finals "win-win." Weiss and Royal will represent the the College of Law at the Nationals in March, held in San Antonio.

ASU Law School Backs U. of Mich. Race Policy 2.21.03
(from the Arizona Republic, Feb. 21, 2003)

By Bill Hart

Calling diversity critical for Arizona's future, officials of Arizona State University's College of Law filed a brief with the U.S. Supreme Court on Wednesday supporting race-conscious admission policies at the University of Michigan law school.

The Supreme Court case, expected to be heard April 1, was brought by White applicants who say they were wrongly excluded from Michigan's law school because of unconstitutional preferences given to applicants from racial and ethnic minorities. A separate case challenges Michigan's undergraduate admissions process. The cases have been cited by both sides as potentially pivotal for the future of affirmative action and diversity. Experts call them the most important cases since the high court upheld diversity as a proper admissions goal in 1978.

President Bush has publicly criticized affirmative action, though not diversity, and ordered the U.S. Justice Department to file a brief opposing the University of Michigan's practice. Bush and other supporters of the legal challenges say using race as a factor is "reverse discrimination" and that diversity should be pursued in a race-neutral way.

On the other hand, more than 60 briefs have been filed on behalf of the university by other universities, corporations, state attorneys general and individuals. Most argue that race-conscious policies are the only effective way to ensure diversity.

ASU law school Dean Patricia White and Professor Paul Bender said many people have a mistaken notion about how admissions are decided. "We have vastly more qualified people than we can accept," White said. The law school recently accepted about 440 out of more than 3,000 applicants. So we look at a wide range of factors in coming up with a diverse and interesting group who seem best likely to enhance each others' education and to serve society." In addition, White said, diversity among students has helped ASU develop expertise in important areas such as American Indian law.

Bender said considering race in admissions is crucial to preserving diversity in the law school, which, in turn, feeds diversity in Arizona public life. "An enormous percentage of Arizona's lawyers and judges graduate from either ASU or UA," Bender said. "So diversity in our law schools translates into diversity in our judiciary."

Goldberg Paper Weighs Individual Rights & Revitalization 2.20.03
UCLA Law Professor Carole Goldberg presented a paper and lecture entitled Individual Rights and Tribal Revitalization at the February 20 Barry Goldwater Chair Symposium on American Institutions. College of Law Professor and Barry Goldwater Chair of American Institutions Robert Clinton introduced Professor Goldberg as one of the "truly luminary scholars in the field of Indian Law." Ms. Goldberg teaches Indian Law and directs the UCLA Tribal Development Clinic. The adoption of her legal theories helped lay the intellectual foundations for the modern Indian gaming industries.

Professor Goldberg's paper and oral presentation argued that individual rights as understood in the Anglo-American legal system are sometimes in conflict with Native American concepts of community, and may be harmful to tribal revitalization if incorporated into tribal governmental structures.

Following the lecture, several distinguished guests provided comments, including incoming College of Law Professor Kevin Gover, University of Minnesota Professor Kevin Washburn, ASU President's advisor on Indian Affairs Peterson Zah, College of Law Lincoln Professor of Native American Law & Ethics Rebecca Tsosie, and Professor Clinton.

The Barry Goldwater Chair of American Institutions, held by the late United States Senator Barry Goldwater until 1996 and currently held by Prof. Clinton, brings the nation's most prominent scholars and public figures to ASU. The Chair is designed for individuals who distinguish themselves in political science, history, economics, law, or public policy, and the annual namesake lecture examines developing trends in American social and political life.

10th Circuit Judge Michael McConnell Visits College of Law
University of Utah College of Law Professor Michael McConnell, who was recently confirmed as a judge for the United States 10th Circuit, visited the College of law on Tuesday, February 18th. Judge McConnell spoke with 1L students on constitutional interpretation.

Stanford Philosophy Encyclopedia Features Nickel on Human Rights 2.13.03
Stanford's much-touted online philosophy encyclopedia features College of Law Professor James Nickel as author of its new human rights entry. Professor Nickel, a noted human rights scholar, joined the College of Law's faculty in January. The Stanford Encyclopedia of Philosophy is a dynamic reference work that combines the convenience of the Internet with the authority of peer-reviewed entries contributed by leading philosophers.

Echohawk Briefs Seminar on Upcoming Sovereignty Battles 2.13.03
John Echohawk, Director of the Native American Rights Fund, spoke to College of Law faculty, staff and students today on the subject of Tribal court jurisdiction over non-Native Americans in civil and criminal matters. Mr. Echohawk's presentation outlined NARF's long-term strategy for preserving and extending Tribal courts' jurisdiction over suits affecting Native Americans. Specifically, he mentioned the pressing need for such reform due to a drastic increase in crimes against Native Americans on the reservations, which sometimes go unprosecuted when left to state courts. When asked what advice he'd give young Native American attorneys, Mr. Echohawk said, "Get ready to take your turn. It's coming."

Geoffrey Hazard in Residence as Distinguished Visiting Professor 2.5.03
World-renowned law professor Geoffrey Hazard is in residence at the College of Law as a Distinguished Visiting Professor during second semester, 2003. In addition to his tenure as a Trustee Professor of Law at the University of Pennsylvania Law School, Professor Hazard is a Sterling Professor of Law, Emeritus, at Yale Law School. He was Director of the American Law Institute between 1984 and 1999, and retains the title of Director Emeritus at the ALI. He is the author of nine major books and teaches in the areas of Civil Procedure, Legal Ethics and Federal Jurisdiction. "Professor Hazard is among America's most important and influential legal scholars," said College of Law Dean Patricia White. "We're honored to have him with us."

Karjala and Gorman to give presentation on Eldred 2.04.03
The College of Law's Law and Science Student Association will sponsor a presentation by Professors Dennis Karjala and Robert Gorman addressing the significance of the recent Supreme Court decision in Eldred v. Ashcroft, which upheld Congressional authority to extend the length of copyright protection afforded to copyright holders. The presentation will begin at noon on Wednesday, February 12, Room 119.

WLSA sponsors "Writing the Future" Symposium 2.04.03
The Women Law Students' Association will host the 2003 Women in Law Symposium, "Writing the Future," on Saturday, February 22, 2003. Judges, attorneys and students from around the country will convene to discuss issues affecting practice. Scheduled speakers include the Honorable Mary Schroeder, U.S. Court of Appeals for the Ninth Circuit; Suzannah Maclay, Florence Immigration and Refugee Rights Project; Noreen Sharp, Governor Napolitano's Policy Adviser on Human Services; Laura Beth Nielsen, American Bar Foundation; and Bancroft Prize-winning author Jean Strouse. For more information.

T.J. Davis Honored by Maricopa County Bar Association 1.30.03
The Volunteer Lawyers Program of the Maricopa County Bar Association, in cooperation with Community Legal Services, has named College of Law Professor Thomas J. Davis as the recipient of its 2002 William T. Birmingham Award, recognizing the service of an outstanding volunteer lawyer. The award will be presented at the VLP Awards luncheon on February 14, 2003.

Weiss, Moe, Mowzoon Advance to Join Royal at Regional ADR Competition 1.28.03
Kira Weiss (1L), Anne-Leigh Moe (1L), and May Mowzoon (2L) were selected from among nineteen intramural competitors to represent the College of Law in the ABA Section of Dispute Resolution's "Representation in Mediation" Competition this spring. K. Royal (2L), will join them in Albuquerque February 21 and 22 to participate in the regional competition. According to Clinical Professor and Director of the Lodestar Mediation Clinic Ann Woodley, Royal was not required to participate in the intramurals because of her "sterling" performance in last year's regional competition.

College of Law Adjunct Andrew D. Hurwitz Appointed to Arizona Supreme Court 1.27.03
Governor Janet Napolitano today named Arizona State University College of Law Adjunct Professor Andrew D. Hurwitz to fill the Arizona Supreme Court vacancy created by the retirement of Justice Stanley Feldman. Professor Hurwitz is a partner at Osborn Maledon, P.A., and teaches Civil Procedure at the College of Law. "In selecting a justice, I looked for someone who combined demonstrated legal ability with the qualities necessary to sit on a collegial court," said Napolitano. "Andy Hurwitz is one of the best lawyers in Arizona." More information.

"Repeat Offenders" to Play Gig Benefiting College of Law Pro Bono  1.27.03
Professor Calleros's band, The Repeat Offenders (formerly the Blue Laws), will play February 8, 6:00-8:00 p.m., at the Rhythm Room, 1019 E Indian School Rd. in Phoenix. The Repeat Offenders specialize in blues, soul, R&B and Santana covers. Proceeds benefit College of Law Pro Bono programs.

STLA to Host Ping-Pong Tournament at Bandersnatch  1.24.03
The College of Law Student Trial Lawyers Association will host a ping-pong tournament at Bandersnatch, beginning at 5:00 p.m., February 6. The tournament is sponsored by the Sidebar Cafe by Charlie. Contact Allister Adel to enter, or for more details.

Rosier's Presentation Piques New Legislators' Interests  1.22.03
On January 9, ILP Director Kate Rosier accompanied Professors Jon Rose and Alan Matheson to the statehouse, where they gave new legislators a quick tutorial on some of the legal issues they might be facing in the upcoming session. According to the Arizona Republic, Rosier's presentation inspired intense interest from the legislators. Read the Republic's story here.

Marchant, Targovnik Receive Maricopa Bar Awards  1.21.03
Gary Marchant, executive director of the Center for the Study of Law, Science, and Technology and associate professor of law at ASU, received the Maricopa County Bar Association's Faculty Award for Academic Excellence and Community Service on January 21, at the MCBA Luncheon. The Faculty Award for Academic Excellence and Community Service honors College of Law professors whose community activities and scholarship are "sustained and outstanding."

The MCBA also honored College of Law Alumna Diane M. Targovnik with the Law Student Award for Academic Excellence and Community Service. The Hon. Michael Jones, MCBA President, said that as a law student, Targovik "showed an exemplary commitment to community service." Ms. Targovnik practices at Burch & Cracchiolo.

2L Receives Rocky Mountain Mineral Law Scholarship 1.21.03
Pearline Kirk was chosen by the Rocky Mountain Mineral Law Foundation to receive a 2003 Rocky Mountain Mineral Law Foundation Scholarship. Kirk was selected from among twenty applicants from twelve schools.

The Rocky Mountain Mineral Law Foundation awards scholarships to encourage law students interested in mineral resources law. The stated goals of the Foundation are to foster and encourage the study of law relating to oil and gas, mining, water, public land management, land use, conservation, environmental protection, and other related areas.