Spring 2014 Law Briefs

LAW BRIEFS

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Dean Lisa Kloppenberg, Michelle Banks, Karla De La Torre, Rebecca Slutzky, Luis Rodriguez, and Mark Zemelman celebrated the tenth anniversary of the Diversity Gala at Santa Clara Law. Photo by Nancy Martin.

The Tenth Annual Diversity Gala

“It’s been amazing to see the impact of the Diversity Gala over the past 10 years on minority law students and see many of these students rise to powerful positions in law.”

—David Tsai J.D. ’06,
who founded the Diversity Gala
as a law student

The Tenth Annual Diversity Gala of the Santa Clara Law School was held at Santa Clara University on February 27. For the first time, the event hosted a diversity and inclusion summit that had several speakers, including The Honorable Risë Pichon J.D. ’76, a judge on the Superior Court of Santa Clara County; Cristina Rubke J.D. ’74, counsel at Shartsis Friese; Tony Estremera B.A. ’72, directing attorney of the Legal Aid Society of Santa Clara County; and Karen Robinson, director of litigation at Adobe Systems.

Honorees at this year’s event were Michelle Banks, executive vice president and general counsel at the Gap, and Luis Rodriguez B.S. ’89, J.D. ’92, president of the State Bar of California and a division chief at the Los Angeles County Public Defender’s Office. The Diversity Gala Organization of the Year Award was presented to the Kaiser Foundation Health Plan.

For more information, see: law.scu.edu/careers/diversity-gala.


Santa Clara Law Alumnus Named to Top Department of Justice Post

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John Cruden

Law School alumnus John Cruden J.D. ’74 has been nominated to be one of the nation’s top enforcers of environmental law. In December 2013, President Obama nominated Cruden as assistant attorney general of the Environment and Natural Resources Division in the U.S. Department of Justice. A U.S. Senate hearing to confirm his nomination was held on February 25.

Cruden has served as president of the Environmental Law Institute (ELI) in Washington, D.C. since 2011. He previously worked on environmental issues at the Department of Justice from 1991 to 2011, as chief of the Environmental Enforcement Section from 1991 to 1995, and as deputy assistant attorney general from 1995 to 2011. Cruden received an Alumni Achievement Award from Santa Clara Law in 2006.

ELI Board Chair Edward L. Strohbehn, Jr. had high praise for Cruden. “John Cruden’s lifetime commitment to public service, his decades devoted to environmental law, and his outstanding record at the Justice Department make him an unparalleled choice to lead the Environment and Natural Resources Division. We at ELI can attest to the great qualities he will bring to the work—his knowledge and judgment to make good decisions and his spirit and energy to bring others together and get the job done.”

Cruden says he is grateful for his education at Santa Clara Law. “I strongly believe that the legal education that I received at Santa Clara Law School has helped prepare me for each of the legal positions that I have had in my career. And, I continue to believe that Santa Clara Law is a superb school in all respects. The legal areas of environment, energy, and natural resources law continue to be dynamic, challenging,
and rewarding with enormous job potential in the future.”


Northern California Innocence Project Helps San Francisco Man Get Conviction Overturned

The Northern California Innocence Project (NCIP) at Santa Clara Law helped reverse the conviction of a San Francisco man, Jamal Trulove. A single eyewitness had implicated him, and prosecutors had claimed that the eyewitness had risked her life to testify. On appeal, the court disagreed that her life was endangered and said the information about the witness could have prejudiced or influenced the jury. A team of students and attorney mentors at the NCIP acted as amicus in the case, assisting attorney Marc Zilversmit in reversing the conviction before the California Court of Appeal for the First Appellate District. The matter may still be appealed to the California Supreme Court by the California Attorney General’s office. For more information, see: law.scu.edu/ncip.


Center for Social Justice Receives $25,000 Grant to Fund Law Student Summer Work

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The late Mary Emery with Fr. Paul Goda

The Santa Clara Jesuit Community has provided a $25,000 matching grant to the Center for Social Justice to fund law student summer work. The grant honors Fr. Paul Goda and the memory of Associate Dean Mary Emery, offering law students the opportunity to serve community needs for social justice while studying law. During summer 2013 the Center funded 22 grant recipients who provided over 8,800 hours of free legal service for low-income communities and families. With this significant Jesuit Community gift, the Center will be able to maintain or hopefully to increase this service to the community.

The grants offer a life-changing experience to the student recipients as well. As Diego Aviles ’15, who worked at Neighborhood Legal Services of Los Angeles County, said: “Being able to work with individuals from my community while learning practical experience in my desired field was fantastic. I was able to assist low-income individuals with their immigration needs and make connections with experienced attorneys dedicated to their clients.”

SANTA CLARA LAW BY THE NUMBERS

44 Santa Clara Law’s rank in the National Law Journal’s list of the top 50 law schools by the percentage of 2013 law school graduates who took jobs at NLJ 250 firms.


4th Ranking in the U.S. of our Intellectual Property Law Program by U.S. News in 2013


700 Number of law students who have been educated through working with the Northern California Innocence Project at Santa Clara Law since its founding in 2001. In this clinic, students working with attorney mentors have helped exonerate 17 innocent people who had collectively served over 215 years in prison.


20,000 Number of student volunteer hours donated to low-income individuals and communities through Santa Clara Law’s Katharine and George Alexander Community Law Center and social justice summer grants in 2012-13. At even a modest legal rate of $150 per hour that amounts to more than $3 million in free legal services, much of which assists SCU’s poorest neighborhoods.

$500,000+ Amount clients of the Katharine and George Alexander Community Law Center Consumer Clinic saved last year because of consultations with students and attorney mentors. Workers’ Rights clients recovered $144,385 in unpaid wages and received a total compensation of $327,000.


138 Number of clients who received legal services and advice from the Low Income Taxpayer Clinic in the 2013 calendar year.


40 Number of cases and projects undertaken by the Santa Clara International Human Rights Clinic since its founding in fall 2012. This clinic provides students with the opportunity to learn substantive human rights law and practical legal skills while working with victims of human rights violations. More than 40 students have logged more than 7,500 hours of legal work on behalf of vulnerable communities at home and abroad.


272 Number of students who serve as leaders in the 45 active student organizations at Santa Clara Law (law.scu.edu/ life/student-organizations). Student organizations host events including alumni panels, prominent speakers,career development assistance, employer panels, and discussions by professors.

80 Number of international internship student placements in summer 2013 by the Center for Global Law. Students worked in 17 different locations, including Paris, Hong Kong, India, Vietnam, Tokyo, Shanghai, Cambodia, Singapore, Munich, Seoul, Ghana, Budapest, Ireland, Sydney, Melbourne, Kuwait, and Dubai. Students worked at large multinational law firms, large regional law firms, medium and small law firms dealing with international business transactions, in-house with large corporations, United Nations (UN) organizations, human rights non-governmental organizations (NGOs), and local and international courts.


7,000 Members of Santa Clara Law’s Alumni Network who reside in the Greater Bay Area. This robust alumni network enhances our students’ education through volunteer mentoring and networking.


300+ Number of alumni who volunteer yearly with the Law Career Services office to assist students in developing their careers.

 


Four Honored at Alumni Gala

At its Celebration of Achievement in April, the Santa Clara Law community gathered at the Fairmont Hotel in San Jose to celebrate the 2014 Honorees.

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From left, Dean Lisa Kloppenberg, The Honorable James C. Emerson, Howard Charney, Karin Cogbill, Joseph Cotchett, and SCU President Michael Engh, S.J. Photo by Nancy Martin.

The Alumni Special Achievement Award
Howard Charney J.D. ’77, MBA ’73
, is a senior vice president at Cisco. He joined Cisco after it acquired Grand Junction Networks, which he founded in 1992. In 1980, Charney co-founded 3Com, the progenitor of Ethernet and local area networking. He is a licensed patent attorney, and sits on the boards of several technology companies.

The Santa Clara Amicus Award
Joseph Cotchett
is considered one of the foremost trial lawyers in the country. His firm, Cotchett, Pitre & McCarthy, is based in Burlingame. In recent years, he has been involved in litigation resulting from every major corporate scandal, including Enron, Global Crossing, and Worldcom, on behalf of private investors and public pensions.

The Edwin J. Owens Lawyer of the Year Award
The Honorable James C. Emerson J.D. ’73
served for 20 years on the Santa Clara County Superior Courts and was supervising criminal judge from 2005-06. He was recognized as Judge of the Year by the Trial Lawyers in 2010. He has been a fulltime neutral since 2010, conducting mediations and arbitrations on a wide range of subjects, ranging from foreclosure to personal injury law.

Young Alumni Rising Star Award
Karin Frenza Cogbill J.D. ’06
is a shareholder at the San Jose office of Littler. She represents employers against claims of harassment, employment discrimination, retaliation, and on wage issues. She is a member of the Santa Clara Law Alumni Board of Directors. She has served as vice president and on the board of directors for Christmas in the Park in downtown San Jose.

For more information on the history of each award, and photos from the event, see: law.scu.edu/alumni.


Faculty News

Following are some highlights of faculty news and activities. For links to articles and monthly updates, see law.scu.edu/faculty/faculty-news.

Ellen Kreitzberg was interviewed on the live public affairs program “Forum,” produced by NPR affiliate KQED and broadcast in the San Francisco Bay Area and throughout Northern California, about a proposed ballot initiative to streamline the death penalty process in California.

Sandee Magliozzi (with co-author Terri Mottershead) presented a paper— “Can Competencies Drive Change in the Legal Profession?”— at the University of St. Thomas Law Journal Fall Symposium, entitled “What Legal Employers and Clients Want—The Competency- Model Approach to Legal Success.” Her article will be published in the Law Journal’s upcoming symposium volume. Magliozzi also was a panelist in December at the 2013 Professional Development Institute in Washington, D.C., on “How Legal Educators Are Shaping the Future of the Profession: Challenges, Triumphs, and Reflections from Around the World.” See her article on Santa Clara Law’s competency model.

Bob Peterson spoke to the National Conference of Insurance Legislators on subrogation. He took part in two panel discussions at a Casualty Actuarial Society meeting on insurance issues related to self-driving cars.

“My project draws upon my knowledge of the U.S. federal judiciary, civil procedure, and constitutional law, but I am thrilled to delve into fields entirely new and fresh to me: international human rights and the rule of law… It is my goal to assist the women judges’ associations in producing a volume of edited cases and papers about international gender rights jurisprudence, as well as to publish papers on the broader topic of the impact of international human rights law on the development of domestic gender rights jurisprudence.”

—PROFESSOR MARGARET RUSSELL,
who is spending the spring 2014 semester as a Fulbright scholar in Tanzania.

Margaret Russell was on a panel on the declining presence of African American judges at an event sponsored by the San Francisco Bar Association. A fellow panelist was Honorary Phyllis Hamilton ’76, a U.S. district court judge. Russell is spending the spring 2014 semester as a Fulbright scholar in Tanzania.

John Schunk, associate clinical professor, authored an article, “Simultaneous Catches and Infield Flies: Legal Writing Techniques in Sportswriting,” in Perspectives: Teaching Legal Research and Writing 42 (2013).

Stephen Smith, associate clinical professor, authored an article, “Defendant Silence and Rhetorical Stasis,” in the Connecticut Law Review (vol. 46, Nov., 2013).

David Sloss participated in the first meeting of the American Law Institute’s Members Consultative Group, which is working on a new Restatement of U.S. Foreign Relations Law. He also presented a draft article, “The Constitutionalization of American Public Law,” at faculty workshops at law schools at Washington & Lee University and American University. He presented a different version of the same paper at a meeting at Yale.

Beth Van Schaack stepped down from her position as Deputy in the Office of Global Criminal Justice at the U.S. State Department in 2013 (see her essay about her experience on page 28). She is a Visiting Scholar at the Center for International Security and Cooperation at Stanford University and will return to teaching at Santa Clara in fall 2015. She is executive editor of the new blog Just Security on law, rights, and national security.

Tseming Yang was appointed to the board of Earthjustice, one of the largest public interest environmental law firms in the world. He also wrote an op-ed article about the tactic of “sue and settle” in environmental regulation, which appeared in more than 85 newspapers worldwide, including The Denver Post and the Orange County Register.


Toman-awardRed Cross Honors Jiri Toman for 45 Years of Service

In May, the Red Cross named its International Humanitarian Service Award the Jiri Toman Award in recognition of Professor Toman’s 45 years of dedicated service to the International Humanitarian Law program (IHL). IHL’s goal is to raise awareness about the rights guaranteed to all peoples of the world during armed conflict. Professor Toman was one of the chief architects of the IHL program during his 29-year career with the International Committee of the Red Cross at the Henri Dunant Institute in Geneva. In October, Karl von Habsburg, head of the House of Habsburg-Lorraine, came to Santa Clara in his role as president of the Association of National Societies for the Protection of Cultural Property to present Professor Toman with the highest award of the International Committee of the Blue Shield (ICBC) (pictured, at left). The ICBC has been described as the “Cultural Red Cross” with its mission to protect the world’s cultural heritage threatened by wars and natural disasters.


Law Professors Present Seminar in Mongolia

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From left, Dr. Amarsanaa Batbold, Prof. Mitsuo Matsushita, Prof. Philip Jimenez, Dr. Nomingerel Khuyag, Prof. Yasuhei Taniguchi, and J. Philip Jimenez, consultant.

Last fall, Santa Clara Law Professor Philip Jimenez and Mitsuo Matsushita—professor emeritus of Tokyo University—traveled to Ulaan Baatar, Mongolia, to present a two-day seminar called “Negotiating Free Trade Agreements Between Transitional Economies and Fully Developed Economies.” Other presenters included professors Yasuhei Taniguchi and Seung Hoon Lee. Both Matsushita and Taniguchi have served on the Appellate Body of the World Trade Organization. Seung Hoon Lee, professor emeritus at Seoul National University and an economist, has played a major role in the Korean “economic miracle.” The seminar was organized by Professor Jimenez; Dr. Idesh Ivshen, director of research at the National Legal Institute; Dr. Amarsanaa Batbold, associate director at the National Legal Institute; and Dr. Nomingerel Khuyag, director at the National Legal Institute. Professor Jimenez and his team were able to meet and talk with many people in high-level positions, such as Dr. Oyungerel Tsedevdamba, member of the Parliament of Mongolia and Minister of Culture, Sports, and Tourism of Mongolia; the Dean of the Faculty of Law, National University of Mongolia; and the president of the local Mongolian Bar Association.