U N I V E R S I T Y O F B A LT I M O R E SCHOOL OF LAW MAGAZINE fall 2006 NOTA BENE P. 22 Team Spirit: UB’s Moot Court Program P. 24 Top-Notch Adjuncts P. 30 Larry Katz Retires U N I V E R S I T Y O F B A LT I M O R E S C H O O L O F L A W NOTA BENE Editor Buthaina Shukri, M.S. ’00 Managing Editor Catherine Leidemer Creative Director Gigi Boam Graphic Designers Kristin Redmon, M.A. ’05 Sara Tomko, B.S. ’01 Cover Illustration Geoffrey Moss Inside Illustrations Michael Austin Allan Burch Photography Chris Hartlove Richard Lippenholtz, B.S. ’74 Rich Riggins Contributors Michael Cather Karen Hammer Helen Harnett Chris Hart Christianna McCausland Mary Medland Paula Novash Elizabeth Schuman, M.A. ’94 Giordana Segneri School of Law Dean Gilbert A. Holmes As a UB law alumnus, you are an integral part of a larger effort to impact the lives of many and, ultimately, to advance our society. Our alumni are constantly recognized for using their sk ills and k nowledge to f urther legal discourse and justice; they work hard to effect change throughout not only the cit y and state, but also the region and beyond. To even f urther maximize your impact, we ask that you consider contributing to the UB School of Law ’s Annual Fund. Your gift will enable future alumni to follow in your footsteps and continue UB’s legacy of reaching out and giving back at all levels. Comments, Suggestions and Inquiries Catherine Leidemer University of Baltimore Office of University Relations 1420 N. Charles St., AC 338 Baltimore, MD 21201; or cleidemer@ubalt.edu Web Site www.ubalt.edu/notabene Nota Bene is published annually by the University of Baltimore School of Law. The magazine welcomes feedback from readers. Letters received may be published (with the author’s permission) in a future issue of the magazine. The University of Baltimore is a member of the University System of Maryland. For more information, contact Michael Cather at 410.837.6797 or mcather@ubalt.edu. UR06.036 10/06:17k 19 20 22 FEATURES A Fond Farewell 3 For the past five years, Dean Gilbert Holmes has worked diligently to take the UB School of Law to a new level. In 2007, he will leave behind a modern, competitive law school that he helped to forge. He is, however, taking his signature bowtie collection with him. by Elizabeth Schuman, M.A. ’04 Judgment Day 22 For students in UB’s longstanding Moot Court Program, it all comes down to one day, one trial. The competition is fierce and the pressure is high, but for more than 20 years, UB has continued to shine. 30 28 NOTA BENE COLUMNS 2 Dean’s Message 7 Up Front • Q&A: Associate Professor Cassandra Jones Havard brings students up to date on dangerous predatory lending practices. • Perfect Partners: UB and the ACTL collaborate on the Litigation Skills Program. • Immigrant Rights Project: UB’s Civil Advocacy Clinic reaches out to a growing immigrant population. 11 Faculty Updates 13 Faculty Briefs by Christianna McCausland At the Top of Their Game 24 UB’s flourishing adjunct faculty program gives students the opportunity to learn from the best and brightest current legal practitioners. Here, we profile four top adjunct professors who use their years of hands-on experience to help law students hit the ground running. by Paula Novash Reading Between the Lines 28 A UB team led by Jane Murphy, co-director of UB’s Family Mediation Law Clinic, introduces a new screening program that helps keep domestic violence out of the mediation process. 19 Faculty Article: “Post-Crawford: Time to Liberalize the Substantive Admissibility of a Testifying Witness’s Prior Consistent Statements” by Lynn McLain 20 Faculty Article: “Client Counseling, Mediation, and Alternative Narratives of Dispute Resolution” by Robert Rubinson 34 Student File 35 School of Law Calendar of Events by Chris Hart 37 Development The End of an Era 30 After spending nearly 30 years at the University of Baltimore wearing numerous hats—everything from law dean to professor to interim provost—Larry Katz officially retired in July 2006. But the unquestionable impact he had at UB will always be felt on campus and throughout the community. 40 Alumni Report by Mary Medland »ON THE COVER This month’s cover artist is Geoffrey Moss. His work has appeared in The New York Times, The Washington Post, Time and Newsweek and has been nominated for a Pulitzer Prize. U N I V E R S I T Y O F B A LT I M O R E S C H O O L O F L AW M A G A Z I N E 2 0 0 6 - 2 0 0 7 DEAN’S MESSAGE AS and as the adjacent article details, this is my final year as dean of the University of Baltimore School of Law. The past five years have seen tremendous growth and development in the school and in the law. While many have congratulated me on these accomplishments, I recognize that this has been a team effort of students, faculty, staff, alumni and friends of the law school working together to bring about meaningful change. MANY OF YOU KNOW The School of Law has reached new heights in teaching and enhancing the lives and successes of our community. Our reach has extended beyond Baltimore City into not only all parts of the state of Maryland, but also the nation and the world. Similarly, our impact has been felt everywhere: locally, from the successes of our students and faculty members and from the students in Baltimore City; regionally, nationally and globally with judges, law firms, corporations, government entities and nonprofit organizations. I am leaving this position with a view toward a potentially greater and more significant challenge than those we have undertaken in the past five years. That challenge is increasing and ensuring diversity in the legal profession for decades to come. The statistics are stark: No single minority group in the United States accounts for more than four percent of the lawyers in this country, and the minority attorneys in total represent approximately seven percent of the lawyers in the country. These percentages are woefully low given the fact that approximately one-third of the U.S. population comprises people of color, and that percentage is growing toward a projected 43 percent by 2030—the year by which Justice Sandra Day O’Connor predicted in the Grutter case that we should no longer need affirmative action programs in higher education. How we work strategically and effectively to ensure that we have a diverse legal profession that reflects the diversity of our society is one of the major challenges in front of us. It is not just about affirmative action programs in colleges and law schools. Our efforts must include encouraging and retaining minority students in middle and high schools, as well as shoring up leaks in the pipeline at the elementary and preschool levels. My entire professional life has involved opening doors of inclusion. 2 NOTA BENE fall 2006 During my tenure as dean, we have strengthened the Baltimore Scholars Program, enhancing the opportunity for students at the Historically Black Colleges and Universities in Maryland to attend law school and offering scholarships for them at the UB School of Law. Moreover, during the past year, I have become increasingly involved in the Pipeline Diversity Initiative of the American Bar Association and the Law School Admissions Council, and have begun conversations among individuals within Maryland on the need for collaborative efforts to strengthen the pipeline for minorities into the legal profession. Achieving the goal of a diverse and therefore more credible legal profession will take time, effort and commitment. I believe that every assignment we undertake trains us for the next one. I appreciate the years I have devoted to being the dean at the UB School of Law, as they have been vital in preparing me for my next assignment. I wish to thank all of the individuals with whom I have had the pleasure of working over the past five years for their support, assistance and dedication. We have accomplished great things and, as I move on to new challenges, I will take with me the love and the lessons I have received at UB. Thank you, Gilbert A. Holmes Dean A FOND FAREWELL B Y ELIZABETH S CHUMAN , M.A. ’94 Stepping down from the helm as dean of the University of Baltimore School of Law, Gilbert Holmes has much to consider. Since his arrival in 2001, he has shaken things up— creating a law school fit for the 21st century. In doing so, he has fashioned a school that reflects his belief in the real-world, hands-on practice of law. 20 02 RECEIVED THE PRESIDENTIAL AWARD FROM THE NATIONAL BAR ASSOCIATION for his many contributions to legal education. INAUGURATED AN ANNUAL HOMECOMING TRADITION. Participation has increased each year since 2002. CREATED THE DEAN’S SCHOLARS PROGRAM, which has improved the high-end LSAT and GPA credentials of incoming classes. ESTABLISHED A LAW SCHOOL-FOCUSED DEVELOPMENT AND ALUMNI RELATIONS (DAR) OFFICE. Prior to Holmes’ tenure, a more centralized office provided this function. The law school’s DAR office is now headed by an assistant dean. 20 03 INCREASED UB’S STUDY ABROAD PROGRAMS with the addition of the Critical Global Classroom summer program in South America and the Comparative Law winter program in Curaçao. OVERSAW THE RENOVATION OF THE VENABLE BAETJER HOWARD MOOT COURT ROOM into a dynamic and flexible “smart” space capable of housing court activities, lectures, meetings and other presentations. “When I arrived, the School of Law had established itself in and around Baltimore as a fine law school,” he wrote in a recent report. What needed to be done, he suggested, was position the School of Law as “a top-flight regional law school.” So he did. He’s the first to emphasize the dual nature of law—insisting that students learn the how-to in addition to the theory, while enhancing diversity and bolstering outreach to internal and external communities. Though this big picture defines his vision, it’s the details that define his tenure. Under his leadership, the School of Law has added or enhanced numerous clinics for students. These accomplishments include the Center for Families, Children and the Courts; the Stephen L. Snyder Center for Litigation Skills; and the Center for International and Comparative Law. Further, he added writing clinics for students, emphasizing the importance of clear, accurate communication in the profession. The litigation center, he noted, is affiliated with the American College of Trial Lawyers. “We are the only law school in the country to have a formal agreement with a local chapter of this organization,” he says. When Holmes arrived at UB, the School of Law sponsored about three to five lectures annually. Today, the 10 to 20 community lectures include a Library Lecture Series that has featured talks on the 50th anniversary of Brown v. Board of Education and the 40th anniversary of the Voting Rights Act, a Women in Advocacy lecture series and book signings. “It’s fair to say that his commitment to clinical education and a writing program for law students will be important hallmarks of his period as dean,” says University of Baltimore President Robert L. Bogomolny. Another of his many achievements was the establishment of two scholarships. The merit-based Dean’s Scholars program awards full tuition and a book stipend to outstanding students from any undergraduate program. Thanks to this program, students like Joyce Lombardi, J.D. ’06, who graduated at the top of her law school class in June, realize their dream of attending law school. “The program changed my life and financially made it possible to attend school,” says Lombardi, who earned her bachelor’s degree from McGill University in Quebec. Also of value to her was the dean’s genuine interest in her work, such as when he encouraged her to put together a seminar on human trafficking. “I broached the idea with him and he gave me the resources at UB to make it happen,” Lombardi says. “I thought 4 NOTA BENE fall 2006 maybe 20 people would show, but it was more like 100.” Today, Lombardi is a law clerk in the sex offense unit of the Baltimore City State’s Attorney’s Office. “I’m honing my craft, and I hope to become a prosecutor,” she says. The second scholarship, the Baltimore Scholars Program, is a rigorous program designed for students from Maryland’s Historically Black Colleges and Universities of Coppin State University, Morgan State University, Bowie State University and the University of Maryland Eastern Shore. It includes extensive writing instruction and LSAT preparation. Upon completion of the program and admission to the UB School of Law, students who enroll receive a $5,000 scholarship. For Matt Minson, 30, who is scheduled to earn his undergraduate degree in business management from Coppin in June 2007, the Baltimore Scholars Program has opened many doors. He is convinced that he has benefited enormously from the writing instruction and access to UB’s network of professors and lawyers. “Now that I am in the program, I see how someone without the access I have had would have a hard time getting into law school,” says Minson, who plans to take the LSAT later this year. “Without the LSAT prep course, it would be very difficult—plus I couldn’t have paid for the course on my own.” He also admires the program’s emphasis on education. “What really interested me was that UB’s goal is to help any student achieve in law school or grad school, regardless of whether that school is UB. The program prepares students to excel; that’s a real sticking point for me.” INAUGURATED AN ANNUAL LITIGATION WEEK PROGRAM as part of the Snyder Center for Litigation Skills and created the Legacy of Excellence, a litigation hall of fame. 20 04 APPROVED AND GUIDED THE CREATION OF THE LL.M. IN THE LAW OF THE UNITED STATES. INSTITUTED THE LAW SCHOOL’S ATTORNEY-INRESIDENCE PROGRAM. FULLY SUPPORTED THE EXISTING BALTIMORE SCHOLARS PROGRAM, transforming it into a nationally touted pipeline program. For now, Minson is focused on completing his senior year, scoring well on the LSAT and working in admissions at a distance-learning school. “I never imagined law school before becoming a Baltimore Scholar,” he says. Now, he adds, he cannot imagine anything but becoming a lawyer by continuing his education at UB. Success stories like those of Lombardi and Minson drive Holmes’ work. The dean is passionate about reaching out to the community, with a particular focus on tapping the energies of young people. He remembers speaking to eighth-graders at West Baltimore Middle School during the school’s Law Day program. “I told them that it’s important to stay in the game,” he says. “If you’re not in the game, you do not have a chance.” He believes that every child and individual deserves opportunity. “We live in a society that says if you don’t figure it out by [age] 11, you’re written off. You can’t write anyone off,” he says with the perspective of a so-called “late bloomer.” “I wasn’t the best student. I graduated with a 2.3 GPA in college. I graduated law school in the middle of the class,” he says. “After law school, I realized that lives, property, plans and futures were in my hands. If I didn’t do my best, my clients would not see success. That became my quest for excellence.” EARLY AMBITIONS .................................................... As a child, Holmes dreamed of becoming a Secret Service agent. “I was fascinated by the idea,” says the would-be sleuth. “I also wanted to work for the Treasury Department, where I could investigate counterfeiting.” Later, as an undergraduate at Bucknell, Holmes channeled that investigative streak into a degree in chemistry. By 1968, though, during the summer between his junior and senior years, his views changed irrevocably. “Martin Luther King Jr. was assassinated, then Bobby Kennedy. There was the national convention and the riots. Suddenly, I knew where I needed to be,” he says, reflecting on those turbulent times. He would change the way things were done, Holmes thought, by becoming mayor of New York. And since he believed naively that all politicians were lawyers, he set his sights on law school. The political dreams eventually faded, but he had found his calling. He earned his J.D. from New York University School of Law, practiced law and eventually moved into teaching and administrative roles. When he arrived at the University of Baltimore in the summer of 2001, he brought experience as a faculty member at the Texas Wesleyan TRANSFORMED THE LAW LIAISON COMMITTEE of the UB Alumni Association into the existing Law Alumni Society. 20 05 RECEIVED THE FIRST LIFETIME ACHIEVEMENT AWARD from the National Black Law Students Association. INSTITUTED THE LAW SCHOOL’S JUDGE-INRESIDENCE PROGRAM. HIRED A DIRECTOR OF ACADEMIC SUPPORT to implement Bar Task Force initiatives. University School of Law (where he was also associate dean for academic affairs and budget), Southern Methodist Law School and Seton Hall University Law School. DIVERSITY ........................................................... Along with his professional and administrative skills, Holmes has remained mindful of his unique role as one of the profession’s first African-American deans. Diversity is a hallmark of his tenure. “The value in this effort is that 20 years from now, our population will be more diverse,” he says. “If the legal system does not reflect that population, there is the real likelihood that people will not have confidence and the whole system of government will tumble.” Within the past five years, the School of Law has become more reflective of society, says Bogomolny. “Gil has created diversity in hiring and that is a significant contribution. Nationally, we are among the top 10 law schools in terms of having a diverse faculty. “That is critically important because our school closely reflects the student body and nature of the community,” he continues. “This is consistent with American values.” Enthused about the idea of helping young people do more, Holmes believes that reaching out to students of all backgrounds cannot wait. “We need to create a pipeline concept of diversity,” he says. “We must have professionals talk to students, at the pre-kindergarten level through high school, to shore up that pipeline.” REACHING OUT TO ALUMNI .............. As Holmes built programs and established outreach into the community, he also reached out to alumni with new events and enhanced communication. He recognized the value of alumni, for both financial support and advocacy, and made it a priority to build new bridges with former students. “Gil worked very hard to get more involvement from the alumni,” says William Roger Truitt, J.D. ’82, senior partner at DLA Piper Rudnick Gray Cary US LLP. Truitt, who is a member of the Dean’s Law School Advisory Council and previously served as its chair for two years, cites the new homecoming weekend and golf tournament, increased alumni giving and improved Law School Advisory Council as being among Holmes’ achievements during his tenure as dean. http://law.ubalt.edu 5 EXPANDED THE CLINICAL EDUCATION PROGRAM with the addition of a Family Law Mediation Clinic and an immigration law project in the Civil Advocacy Clinic. The Tax Clinic, which was originally funded on a temporary basis by a grant from the Internal Revenue Service, is now fully funded by the law school. CURRENTLY SERVING ON THE FIRST MARYLAND JUDICIAL CAMPAIGN CONDUCT COMMITTEE. MJCCC is a “blue ribbon” panel of attorneys and academics constituted to develop standards for the conduct of candidates, judges and nonjudges in contested judicial elections. The results of the dean’s efforts demonstrate the value alumni place on their UB education, as evidenced by the increasing number of alumni who contribute to UB and the law school. “Gil’s respected presence throughout the alumni community is reflected not only in the numbers of donors who have contributed, but also in the level of their commitment,” says Carey Deeley, J.D. ’79, partner at Venable LLP. For Holmes, the plan has always been to promote the many UB graduates who have prominent roles in the community. “One-third of the judges, state’s attorneys and public defenders in Maryland are UB alumni,” he says. “There is extraordinary energy related to the growth of UB, its innovative teaching and its students. This is our message to the community.” REFLECTIONS ......................................................... As Holmes plans his next steps—he’s considering becoming a voice in creating that growing diversity pipeline—he says that today’s law students have an important task at hand. “Law students must understand that they have a professional responsibility to clients and society,” he says. “We are responsible as lawyers to have justice prevail, be good citizens, be civil and set the tone for behavior.” He credits his wife, Joy, a corporate sales manager, for her perspective and insight about leadership and management. He’s also proud of his two children. His son is completing a doctorate in history at the University of 6 NOTA BENE fall 2006 20 06 CURRENTLY SERVING THE FIRST YEAR OF A TWO-YEAR TERM (2006-07) AS THE PRESIDENT OF MICPEL. Holmes is the first law school dean to serve as president since Dean Emeritus Larry Katz served as its initial president in 1975. GUIDED THE DEVELOPMENT AND INTEGRATION OF THE NEW INTRODUCTION TO LAWYERING/ TORTS CLASS. ONGOING: Hired 13 new, highly qualified tenured or tenure-track faculty (between 2002 and this fall). Illinois, while his daughter is an honors student and athlete at the University of Pittsburgh. In addition to his work at UB, Holmes has earned national accolades. These many honors include serving as president of the Maryland Institute for Continuing Professional Education of Lawyers, an affiliation among UB, the University of Maryland and the Maryland State Bar Association; chairing the Association of American Law Schools section on part-time divisions; receiving the presidential award from the National Bar Association for contributions to legal education; and receiving the inaugural Lifetime Achievement Award from the National Black Law Students Association. Students, professors and alumni who have had the opportunity to learn from and work with Holmes speak to his dynamic presence in the classroom and beyond. “In my view, Gil’s greatest strengths are his enthusiasm, integrity and purpose as supplemented by his strong work ethic and availability at all hours of the day,” says Truitt. In that same vein, Deeley, who is beginning a term as vice chair on the Law School Advisory Council, adds: “It is critical that the person who is charged with the responsibility of leading this institution be, in all regards, a welcoming and respected presence in the community. Gil has furthered the University and, as past deans have done, has continued to carry the University forward and upward. “He will be missed.” NB UP FRONT Q&A Cassandra Jones Havard associate professor of law | By Catherine Leidemer Cassandra Jones Havard joined the faculty of the University of Baltimore School of Law in 2005, bringing with her a substantial background in banking law and a particular interest in predatory lending—a growing trend that targets unsuspecting minorities and disadvantaged families across the nation at an alarming rate. She has published extensively on the regulation of financial institutions, the Community Reinvestment Act and the relationship between race and lending practices. Before joining the UB law school faculty, Jones Havard was a tenured member of the faculty at Temple University’s James E. Beasley School of Law. She has also been a visiting professor at the Catholic University School of Law. Before embarking on her teaching career, Jones Havard practiced law in Washington, D.C., as counsel for the Federal Deposit Insurance Corporation and as a senior trial attorney for the Federal Home Loan Bank Board and Federal Savings and Loan Insurance Corporation. She also served as a trial attorney in the Criminal Section of the U.S. Department of Justice’s Tax Division. Jones Havard is an honors graduate of Bennett College and was editor in chief of the Black Law Review at the University of Pennsylvania Law School. After law school, she clerked for the late Hon. A. Leon Higginbotham of the U.S. Court of Appeals for the Third Circuit. She is a recipient of the 2005 Maryland Higher Education System Welcome Fellowship and currently serves as chair of the CLEO Committee of the American Bar Association’s Business Law Section and as chair of the AALS Section on Financial Institutions. Q: Your first positions after your clerkship were as an attorney adviser for the U.S. Department of Transportation and then as a trial attorney for the Criminal Section of the U.S. Department of Justice’s Tax Division. What drew you to these positions in particular? A: The positions were in Washington, D.C., and I had decided that I wanted to begin my career with the federal government. I knew that the work in the headquarters of any federal agency in Washington would be varied and challenging. Judge Higginbotham encouraged government service as a way to gain excellent legal skills fast, and the idea of being a young lawyer in the nation’s capital was too exciting to resist. The position at Corporation. You next served as counsel for the Federal Deposit Insurance Corporation in Washington, D.C. How did these positions fit in with your long-term career goals? A: These positions gave me a chance to practice civil litigation and provided me with an opportunity to become a more well-rounded lawyer. I worked at the FSLIC during the savings and loan crisis. It was scary and exciting at the same time, because we faced novel legal issues daily—–there had been very few bank failures since the Great Depression. The FSLIC was a dynamic agency, full of young attorneys committed to doing an excellent job. We were creating new law and policy every day. We worked tirelessly—many long evenings and weekends—and actually enjoyed each other’s company enough to party together. It was an unusual work experience and I learned a lot from it. When the FSLIC was abolished in 1989, many of us moved over to the Federal Deposit Insurance Corportion and some went to the Office of Thrift Supervision (the successor to the FSLIC). Q: Much of your recent research has focused on the issue of access to credit and how equal access is often denied to people of color. How and why has predatory lending become such a predominant issue in today’s society? A: Around the same time Congress passed legislation making home equity lending easier, the banking industry was deregulated. Together, those two events spawned many changes in home financing, including allowing nonregulated entities to engage in primary home financing and home equity lending. the Department of Transportation gave me an opportunity to combine my interest in Q: Who suffers the most from predatory lending, and how pervasive is this problem in affordable housing, an interest I developed in law school, with transportation policy. The the Baltimore region? Department of Justice is unparalleled in the litigation practice that it offers. A: Studies have shown that African-Americans and other minorities, regardless of Q: By the late 1980s, you had moved on to work as a senior trial attorney at the income level, receive high-priced subprime mortgages far more frequently than Federal Home Loan Bank Board and Federal Savings and Loan Insurance whites—even when they are equally qualified. http://law.ubalt.edu 7 UP FRONT Q: What can be done to rectify current predatory lending practices? Q: Which do you most enjoy? A: Much can be done. Mortgage lending is regulated primarily at the state level, so A: My students tease me, and rightfully so—they say that I introduce every topic by rectifying the problem depends on individual states addressing it. There must be saying, “This is my favorite topic because... .” So I want to say I enjoy them all more comprehensive legislation adopted by states to curtail the practices of equally, but I guess if really pressed, I would say that the course I most enjoy is unscrupulous lenders. Banking Law because it is my area of expertise. It’s noteworthy that a regulation issued by the Office of the Comptroller of the Currency is a barrier against effective monitoring of unfair lending practices. That is, Q: What makes UB an ideal institution at which you can pursue your teaching interests and share your expertise with students? the OCC regulates national banks and its regulations preempt the applicability of state anti-predatory lending restrictions on national banks. That means state banks A: First, I really like the students; they are compassionate people. When I first in a state with anti-predatory lending laws are subject to restrictions that do not arrived at UB as a visiting professor, my husband suffered a serious illness. For the apply to national banks. I think that national banks should be subject to the states’ next two years, there was not a day when one of the students I taught during my anti-predatory lending laws or that a federal anti-predatory lending law should be first year wouldn’t stop to ask about my husband and express concern for him. That passed and applied to both state and national banks. was really uplifting for me. As a teacher, I find UB students to be diligent and hard working. They are Q: Can reasonable solutions be implemented anytime in the foreseeable future? earnest learners, and that inspires any teacher. Many of my students are often first- A: I sure hope so. Several law professors have incorporated the topic into their generation college students and first-generation professionals, so UB is an “access scholarly agenda, which I think is an indication of how serious we, in the academic institution;” it fulfills dreams. These students will be committed to providing fair and community, consider this issue. When one understands the scope and magnitude of reasonable access to legal services and I am proud to be a part of their training. the problem, it is difficult to stay silent. This is such a hot policy area that the related scholarship often has a direct and immediate impact and provides direction to states and cities, as well as to the federal government. I am currently working on an article that proposes greater liability for mortgage brokers and others involved in the homeselling process if they are found to have tricked home buyers. Q: Since becoming a law professor, you’ve taught classes in banking law, contracts and community economic development. What ideas in these areas must today’s law students learn in order to be properly equipped to enter the legal arena? A: First, all of the topics are of great intellectual interest to me. As substantive courses, they provide a different analytical lens and perspective from which students can learn the law. Typically, we teach law school using the case method. Students read appellate decisions and are focused on analyzing the issues from the litigation-based outcome of the dispute. However, banking and community economic development, specifically, and contracts at its core, are transactional courses. They require the student to analyze and to anticipate potential problems and to draft documents that address those potential problems to avoid litigation. Q: Have there been any significant changes or developments in these areas in recent years? If so, why? A: Again, I think what’s most important and what the legal academy is realizing is that a significant component of teaching legal skills is to teach students to think “transactionally.” I think we are moving away from appellate case reading as the primary instrument of teaching law. In that regard, good drafting is a core component of anticipating and avoiding legal disputes. Q: What classes do you currently teach at UB? A: I typically teach Contracts, Business Organizations and Banking, although I haven't taught Banking Law in two years. Next spring, I will pick up a new course, a Commercial Transactions Workshop. 8 NOTA BENE fall 2006 UBSPI Produces Another Record Year Following in the footsteps of previous years, the 12th annual UB Students for Public Interest Law auction, held on Feb. 10, 2006, was a rousing success. The event raised $33,000, which funded summer grants allowing law students to work for public interest organizations. The following pairings of students and public interest organizations constituted the summer 2006 internship roster: Keri Ann Griffith, Maryland Disability Law Center; Ryan McQuighan, Maryland Crime Victims Resource Center; Leigh Fernald, ACLU of Maryland; Darlyn McLaughlin, Legal Aid Bureau; Jacob Thor Lampbell, Friends of the Family; Sabrina C. Daly, U.S. Small Business Administration; Marisa Button, Pennsylvania Immigration Resource Center; Natasha Robinson, Office of the Public Defender, Prince George’s County; Nicole Zeichner, United Workers Association; and Anique Drouin, Homeless Persons Representation Project. UB and ACTL Collaborate on Litigation Skills Program On March 7, 2006, the School of Law and fellows of the Maryland Chapter of American College of Trial Lawyers celebrated their unprecedented collaboration on UB’s Litigation Skills José F. Anderson helps make history at UB. Program. The agreement ceremony, which also marked the first day of Litigation Week 2006, formalized a partnership begun years earlier when Albert Brault—a partner with Brault, Graham, Scott & Brault LLC of Rockville, Md., the father of three UB law alums and an ardent law school supporter— saw the need for an educational program to teach students courtroom strategies and tactics. He encouraged ACTL members—all highly successful, top-rated lawyers elected for fellowship by their peers—to participate by mentoring students in the area of litigation skills. Each year, the program became more sophisticated in its organization and in the training opportunities it provided. Today, participating students, known as “litigation fellows,” can earn up to 4 credits annually for this nonclassroom, for-credit experience. Candidates for these selective fellowships must demonstrate an interest in trial litigation, participate in the annual Litigation Week program and have the time necessary to meet throughout the year with ACTL members who will provide individual critiques and instruction. José F. Anderson, professor of law and director of both the Stephen L. Snyder Center for Litigation Skills and the Litigation Skills Program, believes the one-on-one coaching students receive not only enhances their academic and professional training, but also increases their confidence and inspires them in their pursuit of a legal education. Not surprisingly, UB’s moot court teams have been enjoying tremendous success lately: This past spring, Martin Cohen and Gwen-Marie Davis (both 2006 graduates) finished in fourth place at the National ABA Client Counseling Moot Court Competition in Tampa, Fla. This type of collaboration is unique among the UB School of Law’s peers, Anderson notes. “We hope it’s a lifelong partnership, as this program provides exceptional opportunities for students to benefit from the experiences of successful, high-level litigators,” he adds. Continuing the cycle of reaching out to students, the program’s litigation fellows, backed by the support and participation of ACTL members, have also established a mentoring program to encourage Towson High School students to consider legal careers. Immigrant Rights Project Inaugurated Immigration is a front-row issue now, and the School of Law is keeping pace with it by establishing its Immigrant Rights Project as part of the Civil Advocacy Clinic. Last fall, clinical faculty decided to incorporate the initiative into the school’s clinical experience in order to expand UB’s outreach to the growing immigrant population in Baltimore and across Maryland. The project’s vision is to assist low-income immigrants with direct services, work with immigrant advocates to develop programs and projects that would empower immigrants and provide students with the opportunity to contribute to social justice issues for immigrants in a supportive environment. The Immigrant Rights Project is run by Helen Harnett, a clinical fellow in the Civil Advocacy Clinic. Harnett came to UB from Michigan, where she represented migrant farm workers in litigation under the federal Fair Labor Standards Act. She also advocated with Michigan’s Department of Human Services and Unemployment Insurance Agency to end discrimination based on national origin. Since the program’s inception, students enrolled in the Civil Advocacy Clinic have represented day laborers with unpaid wage claims against their employers, assisted a person with asylum status whose children were denied Maryland Medical Assistance and represented two refugees seeking asylum based on fear of persecution in their home countries. Students have also had the opportunity to develop legal education materials for immigrants, conduct outreach to day laborers in Fells Point (jointly with the nonprofit organization CASA of Maryland) and work with national advocates on upcoming immigration legislation. The project has also branched out to support a Family Law Clinic student in representing an immigrant who was a victim of domestic violence. “There is an incredibly diverse range of issues for our students to dig into,” Harnett says. “While immigrants often have a very difficult time in dealing with a slow-moving, complicated legal system, they can appreciate how hard the students are working to help them. I see this as a real learning process that can help everybody.” Throughout the academic year, UB’s Immigrant Rights Project organized several public events to raise awareness of immigrant issues in Baltimore. Guest lectures and presentations on women’s rights in http://law.ubalt.edu 9 UP FRONT Guatemala, immigration prisons in the United States, the HIV/AIDS crisis in Africa and torture victims living in the city were well attended and became the topic of many discussions on campus and beyond. Local media picked up on the heightened awareness of these issues, with public radio station WYPR providing some key coverage. In addition, joint efforts with the American Friends Service Committee’s Project Voice on the Minuteman border patrols as well as immigration legislation in Congress attracted a great deal of attention. The project is also making inroads by collaborating with six local immigrant-rights organizations in assisting persons with asylum status in their application for permanent residency. Thus far, the coalition, along with volunteer attorneys, has assisted 50 of these people and their families as they seek this status. “We’ve done a lot in one year,” Harnett says. “And we have even more to do.” Applications and Credentials Continue to Rise With ’05 Entering Class minority 2005 School of Law Entering Class 20% female 47% 80% non-minority out-of-state 53% 34% male Strong Employment Rate Holds Steady for Graduates Members of the University of Baltimore School of Law class of 2005 enjoyed a strong overall employment rate of 91.1 percent, keeping pace with the prior class and surpassing the national rate of 89.6 percent. Of the UB law graduates for whom employment status was known, the percentage who obtained jobs that required a passing score on the bar exam increased to 70.9 percent, up from 64.3 percent for the class of 2004. The chart below illustrates overall employment rates for UB law graduates from 1992 to 2005: University of Baltimore School of Law Graduate Employment 1992-2005 Percentage Employed Nine Months Post-Graduation 100 90 Percentage 80 70 60 50 40 30 20 10 0 Year 10 NOTA BENE fall 2006 66% Maryland resident For the sixth year in a row—and despite an overall decrease in the number of law school applications across the country—applications to the UB School of Law rose. Members of the 2005 entering class hold spots that were coveted by a record 3,388 applicants—a 16-percent increase from 2004. The discrepancy between the application trends at UB and those nationwide might be explained by the School of Law’s enhanced efforts to recruit students from across the nation. Recognizing the need to increase awareness of the UB School of Law beyond the mid-Atlantic region, the Office of Law Admissions staff decided to add the West Coast and Florida to recruiting trips. It wasn’t long before word spread throughout these previously untargeted regions about the law school’s innovative programs, unparalleled faculty and practical approach to teaching. The admissions staff ’s outreach plan clearly paid off, as out-of-state applications increased from 20 percent in 2004 to 34 percent in 2005. Florida and California have now joined Virginia, Pennsylvania and Washington, D.C., as the top five states or territories from which the majority of the law school’s out-of-state students come. In addition, the class of 2005 posted a median LSAT score of 154 and a median GPA of 3.3, up from 153 and 3.25, respectively. This marked the fifth year in a row that LSAT scores rose. FACULTY UPDATES new faculty ARTHUR ACEVEDO Arthur Acevedo joined the faculty in fall 2006 as an assistant professor, teaching Contracts I. His corporate experience includes serving as vice president, general counsel, at Marbo, a licensor and manufacturer of fruit drinks, and as both an international tax attorney and international business counsel at McDonald’s Corporation. He also previously worked as a revenue agent for the IRS and as tax counsel for Price Waterhouse. He has taught Corporate Tax and International Tax as an adjunct professor at DePaul University College of Law, from which he received his J.D. Acevedo earned his master’s degree from DePaul’s graduate business school and his bachelor’s degree from DePaul’s College of Commerce. He is a certified public accountant in Illinois. MICHELE ALEXANDRE Michele Alexandre joined the faculty in fall 2006 as a visiting assistant professor, teaching Trusts and Estates as well as the International Women’s Human Rights Seminar. She is visiting from the University of Memphis Cecil C. Humphries School of Law, where her teaching interests include property, decedents estates and feminist legal theory. In 2004, Alexandre received a Fulbright Fellowship to Trinidad and Tobago and a Watson Traveling Fellowship for research in France, Canada, the Dominican Republic and Puerto Rico. Alexandre earned a J.D. from Harvard Law School and a B.A. from Colgate University. After graduation, she served as a law clerk for the Hon. John P. Fullam, U.S. Eastern District Court of Pennsylvania. ROBERT B. CHAPMAN Robert B. Chapman joined the faculty in spring 2006 as a visiting associate professor, teaching Business Organizations and Contracts II. His previous teaching experience includes serving as a visiting professor at the University of Notre Dame, Willamette University College of Law, Mercer University Walter F. George School of Law and University of Arkansas at Little Rock William H. Bowen School of Law, where he received the SBA Excellence in Teaching Award for the 2003-04 academic year. He also taught at the University of Tulsa College of Law. Chapman earned his J.D. from Cumberland School of Law of Samford University and LL.M. degrees from the University of Florida College of Law and the University of London, University College of London, as well as bachelor’s degrees from the University of West Florida. GILDA R. DANIELS Gilda R. Daniels joined the faculty in fall 2006 as an assistant professor, teaching Civil Procedure and Election Law Seminar. Since 1995, she has served as a voting rights attorney with the Lawyers Committee for Civil Rights Under Law and as a deputy chief at the United States Department of Justice, Civil Rights Division, Voting Section. Previously, she represented death row inmates and brought prison condition claims at the Southern Center for Human Rights. Daniels earned a J.D. from New York University School of Law, where she was a Root-Tilden-Snow Scholar. She received her bachelor’s degree from Grambling State University and is admitted to the bar in Georgia and the District of Columbia. J. AMY DILLARD J. Amy Dillard joined the faculty in fall 2006 as an assistant professor, teaching Introduction to Lawyering Skills/Torts and Constitutional Criminal Procedure. From 2002-06, Dillard served on the faculty of American University Washington College of Law, where she taught Legal Rhetoric and Criminal Law. She was heavily involved in the Legal Rhetoric Program, first as an academic coordinator and eventually as the acting director. She worked for many years as a public defender in the Office of the Public Defender in Alexandria, Va., and she currently represents one client charged with capital murder in Virginia. Dillard earned a J.D. from Washington and Lee University School of Law and a B.A. from Wellesley College. http://law.ubalt.edu 11 FACULTY UPDATES MARGARET E. JOHNSON Margaret E. Johnson joined the faculty in fall 2006 as an assistant professor, teaching primarily in the Family Law Clinic. Most recently, Johnson taught at American University’s Washington College of Law, where she served as the director of the Domestic Violence Clinic and as a practitioner in residence. At WCL, she taught the Domestic Violence Clinic, Property I, Property II and Sex-Based Discrimination. Her legal experience includes representing employees in employment discrimination and employment law matters as a senior associate at Kalijarvi, Chuzi & Newman; an associate at Terris, Pravlik & Wagner; and a staff attorney and fellow at the Washington Lawyers’ Committee for Civil Rights and Urban Affairs. Johnson earned her J.D. at the University of Wisconsin Law School and a bachelor’s degree from Dartmouth College. DIONNE L. KOLLER Dionne L. Koller joined the faculty in fall 2006 as an assistant professor, teaching Introduction to Lawyering Skills/Torts and Sports Law. Koller previously served as an assistant professor at the University of Maryland School of Law, where she taught LARW I and III, Sports and the Law, Legal Analysis, and Reasoning and Rhetoric. She was also the director of the school’s Academic Achievement Program. Prior to that, Koller served as the assistant dean for Student Affairs at The George Washington University Law School. She has published in the areas of health law, legal writing and academic support. She earned her J.D. from The George Washington University Law School, her M.A. from The George Washington University and her bachelor’s degree from the University of Massachusetts at Amherst. WENDY M. SEIDEN Wendy M. Seiden joined the faculty in fall 2006 as a clinical fellow in the Family Law and Family Mediation Clinics. For the past three years, Seiden served as an adjunct professor at Golden Gate University School of Law, teaching Children and the Law. Since 1998, she has represented children and parents in a legal practice and public policy office, Advocacy for Children, Youth & Families. She continues to consult on issues of domestic violence and child welfare to the California Partnership to End Domestic Violence, the Muskie School of Public Service and other projects funded by the Office of Violence Against Women. From 1993-94, Seiden served as a Rotary Ambassadorial Scholar at the Universidad de Sevilla. She earned a J.D. from Harvard Law School and an A.B. from the University of Michigan. JOHN B. SNYDER III John B. Snyder III joined the faculty in fall 2006 as a clinical fellow in the Tax Clinic. From 2000-06, Snyder was a trial attorney with the U.S. Department of Justice, Tax Division, in Washington, D.C. He litigated a variety of civil tax cases, including refund suits, foreclosure actions and suits against IRS personnel. Snyder, a member of the Virginia State Bar, earned a J.D. from Duke University School of Law and a bachelor’s degree from the University of New Mexico. ADAM TODD Adam Todd joined the faculty in fall 2006 as an associate professor, teaching Torts and Legal Analysis, Research and Writing III (Appellate Advocacy) and Introduction to Lawyering/Torts. For 11 years, Todd was an assistant professor of legal writing and director of academic support at the Northern Kentucky University Chase College of Law. While there, he taught Comparative Law, Introduction to Legal Studies and Conflict of Laws, among many others. He also 12 NOTA BENE fall 2006 taught and coordinated workshops on academic and bar exam success. Todd served as a Visiting Fulbright Professor at Palacky University in the Czech Republic, where he taught courses on the American legal system and comparative legal discourse. He has published articles in the areas of legal writing, housing and academic support. Todd earned his J.D. from Rutgers Law School and his bachelor’s degree from Brown University. FACULTY BRIEFS JOSÉ F. ANDERSON Professor and Director, Stephen L. Snyder Center for Litigation Skills and Litigation Skills Program Recent Publication: “New Secretary of State Stands on the Shoulders of Ralph Bunche,” The Daily Record (February 2006). Works in Progress: Ghosts of Jim Crow. “The Criminal Justice Principles of Charles H. Houston.” Activities: Member, American Law Institute. Executive board member, AALS Section on Defamation and Privacy. care and therapeutic jurisprudence and court reform in family law. Presentations: “Unified Family Courts: One Size Does Not Fit All” and “Court Services Task Force Workshop,” at the annual meeting of the Association of Family and Conciliation Courts in Seattle, Wash. Activities: Executive committee member, AALS Section on Family and Juvenile Law. Member, ABA Standing Committee on Substance Abuse. Member, ABA Unified Family Courts Coordinating Council. Member, Editorial Advisory Board, Family Court Review. Chair, AFCC Court Services Task Force. Bridges to Excellence Conference, sponsored by the University of Florida Center on Children and Families (March 2006). Barbara A. Babb BARBARA A. BABB Associate Professor and Director, Center for Families, Children and the Courts Recent Publications: “Real World Meets University Law Students,” The Daily Record (April 2005). Exemplary Family Court Programs and Practices: Profiles of Innovative and Accountable Court-Connected Programs, Association of Family and Conciliation Courts (May 2005). “CINA Attorney Practice Manual: A Guide for Representing Children in Abuse and Neglect Cases, Center for Families, Children and the Courts,” CFCC (December 2005). “A Truancy Court Program to Keep Students in School,” Maryland Bar Journal (May 2006). Works in Progress: Unified Family Courts: Achieving Justice for Families and Children. Articles on how states adjudicate family law matters and on combining preventive law, an ethic of Keith Blair KEITH BLAIR Assistant Professor Work in Progress: “An Analysis of the Collection Due Process Procedures of the Internal Revenue Code.” Activities: Board member, AALS Section on New Law Professors. Member, ABA Low-Income Tax and Court Procedure & Practice Committee, ABA Tax Section. Recipient, Henry C. Welcome Fellowship Maryland Higher Education Commission award. Coach, Frederick Douglass Moot Court Team. RICHARD W. BOURNE Professor Recent Publications: Maryland Rules Commentary, 2005 supplement (February 2005). Modern Maryland Civil Procedure, 2005 supplement (March 2005). Modern Maryland Civil Procedure, 2006 supplement (forthcoming). FRED B. BROWN Associate Professor and Director, Graduate Tax Program Recent Publication: “Reforming the Branch Profits Tax to Advance Neutrality” (forthcoming). Work in Progress: “Developing Model Source Rules.” Activities: Chair, Law School Liaison Subcommittee, MSBA Tax Section Council. Member, Committee on Foreign Activities of U.S. Taxpayers, ABA Tax Section. STEVEN A. DAVISON Professor Recent Publication: “Regulation of Emission of Greenhouse Gases and Hazardous Air Pollutants from Motor Vehicles,” University of Pittsburgh Journal of Environmental and Public Health Law (forthcoming). Work in Progress: “Federal Agency Compliance with Section 7 of Endangered Species Act When Acting Under Another Federal Environmental Statute.” ERIC B. EASTON Professor and Co-Director, Legal Skills Program Recent Publications: “Of Secrets and Spies: Strengthening the Public’s Right to Know About the CIA,” Stanford Law & Policy Review (forthcoming). Sourcebook on Legal Writing Programs (forthcoming). Work in Progress: “The Press as Interest Group: Mainstream Media in the Supreme Court.” Activities: Member, Executive Committee, AALS Section on Mass Communications Law. Member, Board of the Association of Legal Writing Directors. Immediate past chair, Communication Skills Committee, ABA Section of Legal Education and Admissions to the Bar. WILLIAM T. FRYER III Professor Recent Publications: The Geneva Act (1999) of the Hague Agreement Concerning the International Registration of Industrial Designs, Drafting History and Analysis (2005). “Growing a Stronger Foreign Product Design Trademark: Using the Madrid Protocol and the Geneva Act of the Hague Agreement Concerning the International Registration of International Design,” Proceedings of the International Trademark Association (September 2005). “Industrial Design on the Geneva Act” (forthcoming). Work in Progress: Chapter on industrial design law for WIPO book. Presentations: Spoke on the history and operation of the Geneva Act of the Hague Agreement at the AIPLA spring meeting in Philadelphia, Pa. (May 2005). Spoke at the 2005 Worldwide Forum on Marks and Designs, Vancouver, B.C., Canada (September 2005). Activities: Liaison, ABA IP Law Section leadership meeting, Bonita Springs, Fla. (November 2005). Adviser, U.S. Senate staff on pending legislation, S. 1785 (108th Cong., 1st Sess.), Vessel Hull Design Protection Act amendment (2005). Liaison, ABA Section on International Law, ABA Section of IP Law Summer IPL conference (June 2005). Annual International Association for the Teaching and Research in Intellectual Property Conference (July 2005). Member, Association for the Advancement of Intellectual Property and Research. http://law.ubalt.edu 13 FACULTY BRIEFS Partnerships” to the Howard County (Md.) Trust and Estate Bar (November 2005). Spoke on “The Collision Between CRATs and the Spousal Election,” at the 2006 Critical Tax Theory Conference, Mercer University School of Law (April 2006). Activity: Coordinator, AALS mentor programs (donative transfers, fiduciaries and estate planning; taxation; and employee benefits). Wendy Gerzog WENDY GERZOG Professor Recent Publications: “Estate and Gift Tax Developments,” Quinnipiac Probate Law Journal (2005). “How Do D’Ambrosio and Wheeler Fit Into the FLP Debate?” Tax Notes (April 2005). “Saigh It Isn’t So,” Tax Notes (April 2005). “The Final GRAT Regulations: Schott Shot Down,” Tax Notes (May 2005). “Bongard’s Nontax Motive Test: Not Open and Schutt,” Tax Notes (June 2005). “It’s Summertime With Iced Tehan a TAM,” Tax Notes (August 2005). “Duty of Consistency and Marital Deduction: Horse and Carriage,” Tax Notes (September 2005). “Lurie: A Need for Better Laid Plans,” Tax Notes (October 2005). “Kelley: A Green Light for FLPs,” Tax Notes (December 2005). “Donovan and Davis: Two More Lottery Cases,” Tax Notes (January 2006). “Return to Senda: Order Determinative for FLP Discounts,” Tax Notes (February 2006). “Buder: The Extent of Equitable Recoupment,” Tax Notes (March 2006). Work in Progress: “The Collision Between CRATs (Charitable Remainder Annuity Trusts) and the Spousal Election.” Presentations: Spoke on “Issues in the Valuation Family Limited Partnership Interests” at the Continuing Legal Education for Estate Tax Attorneys program in Atlanta, Ga. (September 2005). Spoke on “Family Limited 14 NOTA BENE fall 2006 MICHELE GILLIGAN Associate Professor and Director, Study Abroad Program in Curaçao, The Netherlands Antilles Works in Progress: “Comparison of Training, Certification and Regulation of Lawyers in Maryland and China.” “Adverse Possession.” “Statute of Limitations.” Real property supplement for the Judicial Institute. Activities: Member, MSBA Section on Legal Education and Admissions to the Bar. AALS Recruitment Conference. SEALS Conference, Hilton Head, S.C. MICHELE GILMAN Associate Professor Recent Publication: “If at First You Don’t Succeed, Sign an Executive Order: President Bush & the Expansion of Charitable Choice” (forthcoming). Works in Progress: Becoming a Trial Lawyer. “Expert Witnesses & Indigent Litigants.” “Too Big to Delegate?: The Nondelegation Doctrine Revised.” Activity: Visiting professor, William & Mary Law School (2005-06). LEIGH GOODMARK Assistant Professor Recent Publications: “Telling Stories, Saving Lives: The Battered Mothers’ Testimony Project, Women’s Narratives, and Court Reform,” Arizona State Law Journal (fall 2005). “A Missed Opportunity for Victims of Violence,” The Daily Record (June 2005). “Bias Against Battered Women Continues, With Disastrous Results,” The (Maryland) Gazette (October 2005). “The Punishment of Dixie Shanahan: Is There Justice for Battered Women Who Kill?” Kansas Law Review (forthcoming). Works in Progress: Review of Nancy Dowd, Dorothy Singer and Robin Wilson’s Handbook of Children, Culture and Violence, for the Family Court Review. “When Is a Battered Woman Not a Battered Woman? When She Fights Back.” Presentations: Spoke on issues involved in creating a domestic violence unit within child protective services for Baltimore City Department of Social Services workers (May 2005). Spoke on “The Battered Mothers’ Testimony Project: Raising the Voices of Battered Women in the Family Court System” at the Domestic Violence and Child Custody Institute (May 2006). Activities: Board member, Women’s Law Center of Maryland and Public Justice Center. Editorial board member, Journal of Child Custody and the National Council of Juvenile and Family Court Judges’ Juvenile and Family Court Journal. Member, Clinical Legal Education Association. Member, AALS Sections on Family Law, Clinical and Women in Legal Education. STEVEN P. GROSSMAN Dean Julius Isaacson Professor Recent Publications: “Maryland’s New ‘Witness Intimidation’ Hearsay Exception: Is It a Toothless Tiger?” The Daily Record (May 2005). “An Honest Approach to Plea Bargaining,” American Journal of Trial Advocacy (2005). “Capital Punishment May Be Just, But Is It Worth the Trouble?” The (Baltimore) Sun (February 2006). Works in Progress: Becoming a Trial Lawyer and accompanying workbook. Presentation: Spoke on “Trying the Case,” MICPEL program. Activities: Member, Judicial Institute of Maryland Board of Governors. Member, MICPEL Curriculum Planning Committee. DANIEL L. HATCHER Assistant Professor Recent Publication: “Foster Children Paying for Foster Care,” Cardozo Law Review (2006). Work in Progress: “Child Support Harming Children: The Subordination of the Best Interests of the Child to the Fiscal Interests of the State.” Presentations: Testimony regarding three bills related to child support and low-income families before the Maryland General Assembly (February 2006). Spoke on “Healthcare: Adequate Healthcare for the Uninsured Working Poor: Potential State Solutions” at the University of Georgia School of Law’s Working in the Public Interest Law Conference (April 2006). Activities: Drafted federal legislation proposal addressing children’s Social Security benefits. Provided pro bono legal assistance in a Legal Aid Bureau case before the Maryland Court of Appeals. Member, Job Opportunities Task Force Public Policy Committee. Board member, Legal Aid Bureau’s Baltimore City Child Support Project. CASSANDRA JONES HAVARD Associate Professor Recent Publications: “To Lend or Not to Lend: What The CRA Ought to Say About Sub-Prime and Predatory Lending,” Florida Coastal Law Review (2005). “Democratizing Credit: Examining the Structural Inequities of Sub-Prime Lending,” Syracuse Law Review (2006). “The Future of the CRA” (forthcoming). Work in Progress: “Will It Go Round in Circles?—Mortgage Brokers and Predatory Lending.” Presentations: Spoke on economic rights at the Mid-Atlantic People of Color Scholarship Conference, held at the Washington College of Law at American University (January 2006). Spoke on “The Future of the CRA,” Issues in Community Economic Development Symposium, Law and Business Center for Advancing Entrepreneurship Annual Conference (March 2006). Activities: Recipient, Henry C. Welcome Fellowship Maryland Higher Education Commission award. Chair, AALS Section on Financial Institutions. Chair, CLEO Fellows Subcommittee, ABA Business Law Section. a Changing Supreme Court” at the University of Baltimore (February 2006). Keynote speaker, Georgetown Law School Black History Month, MBALSA convention, ABA Law Student Division Mid-Atlantic Region Conference. Speaker, Higginbotham Corporate Dinner Lawyers Committee event. Panelist, Civil Rights Litigation National Bar Association Conference. Michael Hayes MICHAEL HAYES Associate Professor and Director, Study Abroad Program in Aberdeen, Scotland Recent Publications: The Campaign Guide (2005), annual supplements. “That Pernicious Pop-Up: The Prima Facie Case,” Suffolk Law Review (2006). Work in Progress: A book on the law of public-sector labor relations in Maryland. Presentation: Spoke at the Building Trades Attorneys Conference in San Francisco, Calif. (May 2005). Activity: Adviser, Labor Law Association of Japan (April 2005). F. MICHAEL HIGGINBOTHAM Professor Recent Publications: Race Law teacher’s manual (April 2005). “Hardwon Victory Must Be Secured,” The (Baltimore) Sun (August 2005). “Judge Higginbotham on Judge Alito: Setting the Record Straight,” Washington Afro-American (January 2006). Works in Progress: “A Letter from Heaven.” “Race and Equal Protection.” “Segregation in America.” Ghosts of Jim Crow. Presentations: Spoke on “Preview of James J. Kelly Jr. JAMES J. KELLY JR. Assistant Professor Recent Publication: “We Shall Not Be Moved: Urban Communities, Eminent Domain and the Socioeconomics of Just Compensation,” St. John’s Law Review (forthcoming). Works in Progress: “Notifying the Virtual Caretaker: Land Interests and Due Process in the Digital Age.” “Tenancy by the Majority: A New Form of Co-Ownership for Overly Fractionated Heir Property.” Presentation: Spoke on “Vacant Building Receivership: In Rem Code.” Activities: Member, Planning Committee, Maryland Partners for Justice Conference (May 2006). Board member, Charm City Land Trusts and Woodberry Land Trust. REBECCA KORZEC Professor Work in Progress: “Products Liability Project.” Activities: Member, MSBA Select Committee on Gender Equality. Member, MSBA Products Liability Committee. Member, Bar Association of Baltimore City Gender Equality. Member, Bar Association of Baltimore City Products Liability Committee. Member, International Association of Jewish Lawyers and Jurists. Member, Women’s Law Center. Member, ABA Commercial Law Subcommittee. ROBERT H. LANDE Venable Professor Recent Publications: “How High Do Cartels Raise Prices?: Implications for Optimal Cartel Fines,” Tulane Law Review (February 2006). “The Five Myths of Antitrust Damages,” San Francisco Law Review (spring 2006). Works in Progress: “Implementing the Consumer Choice Approach to Antitrust.” “Discounts and Exclusion.” “Private Antitrust Litigation.” “State Illinois Brick Repealer Options.” Presentations: Spoke at the annual meeting of the American Antitrust Institute (June 2005). Testimony before the U.S. Antitrust Modernization Commission concerning damages for antitrust violations (July 2005). Spoke on “The Three Types of Collusion in the Real Estate Industry” at the American Antitrust Institute conference (November 2005). Spoke on optimal cartel fines for the Antitrust and Trade Regulation Section panel at the annual AALS conference (January 2006), at the ABA Antitrust Section meeting (March 2006) and at the U.S. Department of Justice (March 2006). Spoke on exclusionary discounts at conferences at the University of San Francisco Law School (October 2005) and Utah Law School (February 2006). Spoke on private antitrust enforcement for the Committee to Support the Antitrust Laws (April 2006). Activities: Listserv moderator and vice chair, Computer Committee, ABA Antitrust Section. Director, American Antitrust Institute. Faculty adviser, University of Baltimore Law Review. Recipient, University System of Maryland Regents Award for Scholarship (2006). Kenneth Lasson KENNETH LASSON Professor and Director, Haifa Summer Law Institute Recent Publications: “Incitement in the Mosques: Testing the Limits of Free Speech and Religious Liberty,” Whittier Law Review (2005). “Scientific and Scholarly Boycotts of Israel: Abusing the Academic Enterprise” (forthcoming). “Civil Liberties in Uncivil Times: The Perilous Quest to Preserve American Freedoms” (forthcoming). Work in Progress: “Is Torture Ever Justified? Finding Terrorists and Ticking Time Bombs.” Presentations: Spoke on “Scholarly and Scientific Boycotts of Israel: Abusing the Academic Enterprise” at the annual meeting of the Federalist Society, Washington, D.C. (January 2006). Spoke on “Incitement in the Mosques” at the JCPA Plenum, Washington, D.C. (February 2006). Spoke on “Controversial Speakers on Campus” for the radio program “Shalom USA” (March 2006). Activities: Faculty fellow, “A Comparative Examination of Hate Speech Protection,” an international conference on hate speech sponsored by the Floersheimer Center for Constitutional Democracy at the Benjamin N. Cardozo School of Law http://law.ubalt.edu 15 FACULTY BRIEFS in New York (November 2005). Representative, MICPEL. Legal panel member, Maryland American Civil Liberties Union. Member, Baltimore Chapter, Committee on Law and Public Affairs. Member of Bar, Court of Appeals of Maryland, Fourth Circuit of Appeals and U.S. Supreme Court. Member, ABA/AALS Sections on Alternative Dispute Resolution, Legal Writing and Jewish Law. JOHN A. LYNCH JR. Professor Recent Publications: Modern Maryland Civil Procedure, supplement. “Taxation of Below-Market Loans Under I.R.C. Section 7872,” Akron Tax Journal (March 2006). Work in Progress: Article on Section 7491 of the I.R.C. James Maxeiner JAMES MAXEINER Associate Professor and Associate Director, Center for International and Comparative Law Recent Publications: Multiple entries, Encyclopedia of GermanAmerican Relations (November 2005). “When Are Agreements Enforceable? Giving Consideration to Professor Barnett’s Consent Theory of Contract,” Ius Gentium (spring 2006). Works in Progress: “Legal Indeterminacy: Made in America. How U.S. Legal Methods Fail the Rule of Law.” “Rule Reliability and the German Rule of Law.” 16 NOTA BENE fall 2006 Presentations: “When Are Agreements Enforceable? Giving Consideration to Professor Barnett’s Consent Theory of Contract,” European American Consortium for Legal Education, Ghent, Belgium (May 2005). Spoke on “Do Americans Take Rules Seriously? U.S. Legal Methods and the International Rule of Law” and “European Influences on the Commercial Law of the United States” in Warsaw, Poland (May 2006). Activities: Secretary and treasurer, AALS Section on International Law. Member, American Law Institute. UB representative, American Society for Comparative Law. Director, American Foreign Law Association. AUDREY MCFARLANE Associate Professor Recent Publications: “Myths and Reality of Eminent Domain,” Jurist (October 2005). “An Open Letter to the Mayor of New Orleans: Flip the Local Economic Development Script,” The Black Commentator (November 2005). “Redevelopment and the Four Dimensions of Class in Land Use” (forthcoming). “Who Fits the Profile?: Thoughts on Race and Class in Urban Redevelopment,” Georgia State Law Review (forthcoming). Work in Progress: Review of Alfredo Mirande’s The Stanford Law Chronicles: Doin’ Time on the Farm. Presentations: Spoke at the Race & Regionalism Conference, sponsored by the University of Minnesota Law School (May 2005). Spoke on the historical and contemporary context of race and class in urban development at the Council of Urban Boards of Education in Boston, Mass. (June 2005). Spoke on “Class, Race and Subordination” at the LatCrit Conference in San Juan, Puerto Rico (October 2005). Spoke on “What Kinds of Metropolitan Areas Do We Want?: Challenges, Promises and Pitfalls in Redevelopment” at Georgia State University Law School (February 2006). Spoke on “Overcoming Racial Discrimination in Housing, Credit and Urban Policy” at the University of Buffalo Law School (April 2006). Activity: Member, advisory board, The Daily Record. LYNN MCLAIN Professor and Dean Joseph Curtis Faculty Fellow Recent Publications: “PostCrawford: Time to Liberalize the Substantive Admissibility of a Testifying Witness’ Prior Consistent Statements,” UMKC Law Review (2005). Maryland Evidence: State and Federal, supplements (2005). Work in Progress: Maryland Evidence, 2006 supplements. Presentations: Taught a full-day Basic Evidence course at the Maryland Judicial Institute (September 2005). Spoke on “Using the Federal Rules of Evidence Effectively to Present Employment Discrimination Claims and Defenses to the Jury,” ALI-ABA and Georgetown CLE Advanced Course of Study Program (February 2006). Activities: Consultant, governor’s witness intimidation bills. Consultant, Evidence Subcommittee (action on witness intimidation rules proposal), Court of Appeals Standing Committee on Rules of Practice and Procedure. Member, ABA Intellectual Property Law Section, ABA Litigation Trial Evidence Section Committee, AIPLA, Women’s Bar Association. Member, editorial committee, Judge Lynne Battaglia’s Women in Maryland Law book project. MICHAEL I. MEYERSON Professor and Piper & Marbury Law Faculty Fellow; Director, Baltimore Scholars Program Recent Publications: “The Irrational Supreme Court,” Nebraska Law Review (2006). Cable Television and Other Non-Broadcast Media, supplement (2006). Work in Progress: Liberty’s Blueprint: How Madison and Hamilton Wrote The Federalist, Defined the Constitution, and Made Democracy Safe for the World. Presentations: Spoke on “Constitution Day: What’s Right and Wrong With the Constitution?” University of Baltimore (September 2005). Spoke on “Understanding Judicial Review,” Young Lawyers Section of the MSBA (October 2005). Spoke on “Preview of a Changing Supreme Court” at the University of Baltimore (February 2006). JANE C. MURPHY Professor Recent Publications: “Legal Images of Fatherhood: Welfare Reform, Child Support and Fatherless Children,” Notre Dame Law Review (2005). “Objecting to Mediation,” Maryland Bar Journal (September 2005). “Protecting Children by Preserving Parenthood” (forthcoming). Works in Progress: Family Law Mediation: Theory and Practice. Resolving Family Conflict. Presentation: Featured speaker, Scholarship Roundtable on “Reforming Parentage Law,” William and Mary School of Law (September 2005). Activities: Board member, Maryland Legal Assistance Network. Member, Case Review Committee and Legal Panel, Maryland ACLU. Member, ABA. Member, ABA Clinical and Skills Education Committee. Member, Maryland Judicial Conference Domestic Violence Mediation Subcommittee. Advisory Board, Kaufman Family Law Center/Women’s Law Center. Member, Maryland Mediation and Conflict Resolution Family Law Initiative. MAX OPPENHEIMER Associate Professor Recent Publication: “Internet Cookies: When is Permission Consent?” Nebraska Law Review (forthcoming, November 2006). Works in Progress: “Patent Law Harmonization and the Takings Clause—Does New London Open the Door to ‘First to File’?” “Toward a Grand Unified Theory of Intellectual Property.” Activity: Legal affairs editor, Discovery Medicine Magazine. CHARLES A. REES Professor Work in Progress: “Non-assessment.” ARNOLD ROCHVARG Professor Recent Publication: “The Lawyer as Witness Rule in Administrative Adjudications,” Journal of the National Association of Administrative Law Judges (2006). Work in Progress: Maryland Administrative Law, supplement/ new edition. Presentation: Spoke on “Judicial Review and Maryland Administrative Law” for the Maryland Judiciary Institute (April 2005). ROBERT RUBINSON Professor and Director, Clinical Education Recent Publication: “The New Rules of Professional Conduct and Mediation: Perplexing Questions Answered and Perplexing Questions That Remain,” Law Forum (2005). Works in Progress: Family Mediation: Theory and Practice. “Hierarchies Emergent: The Separate and Unequal Worlds of Mediation.” “Professional Regulation of Lawyers Who Mediate.” Presentations: Spoke on “Maryland Rules of Professional Conduct,” MICPEL (2005). Activities: Member, MSBA Section Council on Legal Education and Admissions to the Bar. Participant, Pro Bono Mediation Project, co-sponsored by the Legal Aid Bureau and the Pro Bono Resource Center of Maryland. Reporter, Maryland Court of Appeals Ethics 2002 Committee. ELIZABETH J. SAMUELS Associate Professor Recent Publications: “Adoption With Contact Law Awaits Governor’s Signature,” The Daily Record (April 2005). “Adoption,” Encyclopedia of Privacy (forthcoming). “Birth Certificates,” Encyclopedia of Privacy (forthcoming). “Mothers’ Consents to Adoptions: ‘Best Practices’ and State Laws, International Society of Family Law” (forthcoming). Presentations: Spoke on history of adoption and adoption law at the conference “Adoption: The Spiritual Journey for the Human Family,” New York, N.Y. (January 2006). Spoke on “Preview of a Changing Supreme Court” at the University of Baltimore (February 2006). Activities: Oral and written testimony before the Joint Judiciary Committee, Maine legislature. Testified about adoption before the Senate Health, Human Services and Senior Citizens Committee, New Jersey legislature. Member, Case Review Committee, Maryland ACLU. Walter D. Schwidetzky WALTER D. SCHWIDETZKY Professor Recent Publications: Limited Liability Company Handbook (November 2005). Partnership Taxation (forthcoming). Work in Progress: Limited Liability Company Handbook, new edition. Activities: Member, ABA Partnership and LLC Committee. Member, Tax Advisory Committee, Congressman Ben Cardin. Board member, Journal of Taxation of Investments. Biennial Convention of the German Society for Comparative Law, Würzburg, Germany (2005). MORTIMER SELLERS Professor and Director, Center for International and Comparative Law Recent Publications: Republican Principles in International Law (Palgrave Macmillan, 2006). Coeditor (with David Reidy), Universal Human Rights, Moral Order in a Divided World (Rowman and Littlefield, 2005). “As bases da democracia e autodeterminacao dos povos no Direito Internacional,” in O Novo Direito Internacional, edited by N. de Araujo and C.M. Marques (Renovar, 2005). “Reach Out America,” International Herald Tribune (June 2005). “International Legal Personality,” Ius Gentium (2005). Book review of John Phillip Reid’s Controlling the Law for the Journal of American History (2005). Works in Progress: “The Doctrine of Precedent in the United States,” Journal of Comparative Law (2006). “Classical Influences on the French Revolution.” Presentations: Spoke on the “Republican Origins of the United States Constitution,” American Society for Legal History, Cincinnati, Ohio (November 2005). Spoke on “Philosophical Foundations of the International Criminal Court,” IVR World Congress, Granada, Spain (May 2005). Activities: The European American Consortium on Legal Education, Ghent, Belgium (May 2005). Visiting fellow, Lauterpacht Research Centre for International Law at Cambridge University (spring 2006). Series editor, AMINTAPHIL: The Philosophical Foundations of Law and Justice. Editor, International Legal Theory. Associate editor, American Journal of Comparative Law. Member, editorial board, Notícia do Direito Brasileiro. CHARLES SHAFER Professor Recent Publication: Maryland Consumer Law: Leases, Sales and Financing (April 2006). Work in Progress: “Chinese Consumer Law.” Presentations: Spoke on bankruptcy issues in support enforcement for the Maryland Department of Human Resources, Office of Support Enforcement (January 2006). Spoke on debit collection and privacy for the Women Entrepreneurs of Baltimore. Activities: Board member, Maryland Lawyers for the Arts. Editorial board member, Maryland Consumers Rights Coalition. Editorial board member, MICPEL. Editorial board member, Center for Computer Assisted Legal Instruction. Chair, MICPEL Consumer Law Program (April 2006). STEPHEN J. SHAPIRO Professor Recent Publication: “Witness Intimidation Hearsay Exception,” The Daily Record (May 2005). Work in Progress: “Federal Jurisdiction Under the Class Action Fairness Act of 2005.” Presentation: Spoke on the Class Action Fairness Act of 2005 at the European American Consortium on Legal Education Conference, Ghent, Belgium (May 2006). AMY SLOAN Associate Professor and Co-Director, Legal Skills Program Recent Publications: “Graphical KeyCite: A Guide for Faculty with Sample Exercises,” Thomson West (July 2005). “Two Rules for Better Writing,” Maryland Bar Journal (fall 2005). “Appellate Fruit Salad & Other Concepts: A Short Course in the Appellate Process,” University of Baltimore Law Review (December 2005). Basic Legal Research: Tools & Strategies (Aspen Publishers, January 2006). http://law.ubalt.edu 17 FACULTY BRIEFS Works in Progress: Basic Legal Research Workbook, professor’s update. “One Step Forward, Two Steps Back: No Citation Rules in the Federal Appellate Courts.” Presentations: Spoke on “ABA Accreditation Standards: Past, Present, Future” and “Scholarship and Tenure” at the 2005 Association of Legal Writing Directors Conference. Activities: Member, Association of Legal Writing Directors. Member, ABA Accreditation Standards Task Force. Liaison, Aspen Publishers. DONALD H. STONE Professor and Associate Dean for Academic Affairs Recent Publication: “Leveling the Playing Field for the Disabled Athlete, Casey Martin, the PGA, and the Future of Sports,” The Daily Record (May 2005). Works in Progress: “The Disabled & Accessible Parking Under the Americans With Disabilities Act.” “The Disabled University Student.” “The Bar Admission Process and the Disabled Lawyer: Conditional Admission.” Presentations: Spoke on “What Universities Are Doing to Accommodate Students With Disabilities” at the 29th International Congress on Law and Mental Health in Paris, France (July 2005). Spoke on “The Disabled University Student” at Howard Community College (April 2006). Activities: Board member, Maryland Disability Law Center. Pro bono legal representation, Maryland Office of the Public Defender, Mental Health Division. Member, ABA Criminal Justice Section. Member, AALS Section on Mental Disability and the Law. CHARLES TIEFER Professor Recent Publications: Government Contract Law, 2005 supplement. Teaching manual, Government Contract Law (2005). “Appropriation Riders & Iraq” (forthcoming). “Gold Train: Suing for Holocaust-Era Victims” (forthcoming). Works in Progress: “Government Contracting & Iraq.” Government Contracting Casebook, 2006 supplement. Activities: Chair-elect, AALS Section on Legislation for 2006-07. Member, International Center on Iraq War Issues. W ILL TRESS Assistant Professor Work in Progress: “Redefining ‘Felony’ to Reduce the Impact of Collateral Sanctions.” Presentation: Spoke on “Researching Criminal Law” at the Law Library Association of Maryland Legal Research Institute (March 2006). Activity: Member, Law Library Association of Maryland. Angela M. Vallario ANGELA M. VALLARIO Associate Professor Work in Progress: “Minor Makeover: Protections Needed for Minors.” Activities: Member, MSBA. Member, AALS Donative Transfers, Fiduciaries and Estate Planning Section. BYRON L. WARNKEN Associate Professor and Director, Judicial Internship Program Recent Publication: “Getting Criminal Jury Verdicts Right: Supreme Court Strengthens the Right to Confrontation,” The (Baltimore) Sun. Presentations: Spoke on “Preview of a Changing Supreme Court” at the University of Baltimore (February 2006). “Developing and Marketing a Niche Practice,” Bar Association of Baltimore City’s Milton Talkin Continuing Lecture Series (February 2006). “Litigating Fourth Amendment and Fifth Amendment Issues,” Lorman Education Services (February 2006). Spoke on “Maryland’s Judicial departures PROFESSOR AND DEAN EMERITUS LARRY KATZ, who joined the University as dean of the School of Law in 1978, retired as a professor of law in 2006. promotions ASSOCIATE PROFESSORS ERIC B. EASTON, ROBERT J. RUBINSON and BARBARA A. WHITE were all promoted to professors of law in 2006. 18 NOTA BENE fall 2006 Response to United States v. Whren” at the MICPEL Criminal Law Program. Spoke on “The Supreme Court: Its History and the Emergence of the Roberts Court.” Spoke on “Fourth Amendment in the Vehicle Context” for the Baltimore County Police Department. Spoke on Supreme Court cases for the Judicial Education Program. Spoke on “Supreme Court Amendment Cases” for the National Association of Police Organizations. Activities: Testimony on proposed legislation and proposed constitutional amendments in both the Maryland State Senate and the Maryland House of Delegates. Moderated “The Future of the Supreme Court,” Baltimore Business Roundtable (January 2006). Member, Maryland Court of Appeals Professionalism Commission. Member, MSBA Pattern Jury Instruction Committee. Member, MSBA Criminal Law and Practice Section. Member, Maryland General Assembly. Board member, Baltimore Bar Association. Member, ABA Criminal Justice Section. Member, National Association of Criminal Defense Attorneys. Board member, Maryland Criminal Defense Attorneys Association. BARBARA A. WHITE Professor Activities: The European American Consortium on Legal Education Conference, Ghent, Belgium (May 2005). Member, MSBA Business Law Section. FACULTY ARTICLE LYNN MCLAIN Lynn McLain, professor of law at UB, has worked since 1987 in a pro bono effort to reform the law to better protect children who are victims of abuse. Her involvement began when one of her former evening students asked for her help with legislation after his 3-year-old son had been sexually abused at preschool. Beginning with her testimony that summer on a bill under consideration by the Maryland House Judiciary Committee, McLain has worked to improve the law in numerous ways to make it as fair as possible to both parties: to a child who has been victimized as well as to a defendant who may have been wrongfully accused. Because child witnesses are at a distinct disadvantage in the courtroom, her goal in this effort has been to structure the rules of evidence so that the jury can hear all the relevant evidence it needs in order to best evaluate where the truth lies. Her latest law review article, excerpted here, makes another proposal in this vein. The footnotes have been omitted, but may be found, with the complete text, at 74 University of Missouri Kansas City Law Review 1-40 (fall 2005). of Tome and Crawford has been a “one-two Imagine that you are a juror in a criminal trial punch” for child abuse prosecutions. for sexual child abuse. The alleged victim, a Yet Crawford reasserts that when the quivering five-year-old, testifies for the prosewitness testifies at trial and can be crosscution; however, his speech is halting, his examined by the accused regarding those manner unsure, and much of his testimony is statements, there is no Confrontation given in whispered one-syllable replies to the Clause obstacle to admitting the witness’s prosecutor’s leading questions. There are no prior statements as substantive evidence. other eyewitnesses to the alleged abuse. Time to Liberalize the Substantive Therefore, given Crawford’s emphasis on Despite compelling medical testimony Admissibility of a Testifying Witness’s requiring that the accused have the ability and photographic evidence of the boy’s torn Prior Consistent Statements to cross-examine the declarant about his or anus, you cannot find beyond a reasonable her statement, now is the ideal time to doubt that the defendant is the abuser when amend the rules of evidence to overrule you have only the child’s trial testimony on Tome so as to permit the substantive use of that point. You would like to hear when, to any of a witness’s prior statements, consistent whom, and under what circumstances the with his or her trial testimony, that would be child reported the alleged abuse in order to helpful to the fact-finder. Although the need help you evaluate the defense’s contention for such an amendment may be starkest in that the child’s mother has coached him to the child abuse prosecutions, the amendfabricate the claim against the defendant. ment will be of benefit in all types of cases. What you do not know is that although …The amendment should permit the the prosecution is eager to present evidence substantive use (subject to the court’s exercise of the child’s prior statements, consistent with of discretion under Rule 403) of all of a his trial testimony, the United States Supreme witness’s prior consistent statements that Court’s 1995 decision in Tome v. United would be helpful to the fact-finder in States, construed Federal Rule of Evidence assessing the credibility of the witness’s trial 801(d)(1)(B), as currently written, to prevent testimony given whatever method of the prosecution’s offering those statements as impeachment of the witness had occurred. substantive evidence. As a result of that deciThat test, like the test of helpfulness of lay sion, the statements will also be inadmissible or expert opinion evidence under Rules even for the limited purpose of helping to 701 and 702, ought to be a flexible one; evaluate the credibility of a child, if there is a there should be no hard and fast rule like that established in Tome, requiring serious risk that the out-of-court statements would be used on the issue of that an admissible prior consistent statement precede an alleged impeaching guilt or innocence. fact. Because the current Rule has a particularly devastating effect on the Moreover, after the Court’s March 2004 decision in Crawford v. Washington, prosecution of sexual child abuse and other sexual assaults, in the event this which redesigned the landscape of Confrontation Clause analysis, other avenues amendment to Rule 801(d)(1)(B) is not adopted, the Federal Rules of of substantive admissibility for the child’s prior statements—the excited utterance Evidence should be amended to include, like the evidence laws of numerous hearsay exception, the residual “catch-all” hearsay exception or the states’ “tender states, a similar provision specifically admitting an alleged victim of sexual years” hearsay exception—are all in jeopardy unless the child testifies at trial assault’s prior consistent statements reporting the assault. and is subject to cross-examination concerning the statement. The combination POST CRAWFORD: http://law.ubalt.edu 19 FACULTY ARTICLE ROBERT RUBINSON CLIENT COUNSELING, MEDIATION, AND ALTERNATIVE NARRATIVES OF DISPUTE RESOLUTION obert Rubinson, professor of law and director of clinical education at UB, has devoted a substantial portion of his teaching and scholarship to understanding how lawyers can best serve the needs of clients. For example, he has written about how lawyers often misconstrue their clients’ competence when representing the elderly and about the mechanisms through which legal services are drawn away from lowand moderate-income clients. Rubinson’s work on mediation flows from his goal of understanding and teaching about effective lawyering. In appropriate cases, mediation can be a less contentious and more comprehensive means through which to settle disputes. As a result, lawyers who counsel clients about mediation in turn empower these clients to make informed decisions about the conduct of their cases. In addition to his scholarship about mediation, Rubinson has promoted the integration of Alternative Dispute Resolution into law school curricula. In this regard, he coordinates ADR programs and co-founded the Family Mediation Clinic at UB; he is also coauthoring a text on family mediation. Rubinson has written about the impact that new legal ethics rules have on the practice of mediation in The New Maryland Lawyers’ Rules of Professional Conduct and “Mediation: Perplexing Questions Answered and Perplexing Questions That Remain,” 36 University of Baltimore Law Forum 1 (2005). R The law review article excerpted here may be found at 10 Clin. L. Rev. 833 (2004). he story of litigation has been so thoroughly internalized by litigants, judges, and lawyers alike that it operates below the level of consciousness. In contrast, for a culture steeped in litigation, the risk in approaching mediation is in underestimating its strangeness. In its more sophisticated forms, mediation proceeds from fundamentally different premises as to what resolving disputes is about and, even more fundamentally, as to what a dispute is. Rather than attempt some sort of systematic point by point procedural comparison between litigation and mediation—a futile exercise given that the two processes do not have parallel points to compare—I will describe five conceptual differences between litigation and mediation. T ACTORS AND OWNERS Once litigation is commenced, parties are actors compelled by force of law to act within a system. This is most obvious in criminal cases, where criminal defendants obviously cannot unilaterally “opt out” of a case, but it is also true in civil litigation, where one party can compel the participation of another party or risk entry of a default judgment. Moreover, all litigation operates in the shadow of a simple fact: a court can impose its judgments by force on parties. In contrast, mediation is a voluntary process. While this picture has been clouded by the rise of “court-referred” and “court-ordered” mediation and enforceable “agreements to mediate,” a preeminent—if not the greatest—value in mediation is “the principle of selfdetermination” through which parties “own” the process. The ultimate way to “own” a process is to have power to decide whether to engage in it or not. PERSPECTIVES Litigation is consumed with determining “what happened” in order to determine liability. Judges and juries decide “what happened” and sort liability (or penalties) accordingly. In contrast, mediation rejects the idea that “what happened” is a unitary or stable “truth” to be found “out there.” Instead, a primary—if not the primary— thrust of mediation is that conflict resolution entails some recognition on the part of disputants that “what happened” is informed by perspective. This is, of course, no easy task for almost by definition, parties to a dispute have different versions of “what happened.” RIGHTS AND WRONGS IN MEDIATION Given the importance of “perspective” in mediation, the very notion of “judgment” is alien to mediation, as are notions of “fault” and even “responsibility.” Issuing “judgments” (both in its legal and non-legal sense) and finding “fault” or “responsibility” impede mediation because mediators want parties to be the authors of their own mediation. A morality tale which identifies one party as “moral” necessarily brands the other party as not, and the “immoral” party is not likely to “own” a process that produces such a result. TIME IN MEDIATION Litigation looks backward in time: it seeks to resolve disputes through historical reconstruction of past events. In contrast, mediation focuses on what needs to be done to resolve disputes in light of present and future interests. This is not to say that history—or at least perspectives on history—does not have its place in mediation: indeed, history in mediation might offer clues about how to resolve controversy in the here and now, or parties might require validation of their perspective on history— and the catharsis that describing that history might bring—as necessary before meaningful progress can be made towards resolving controversy. Nevertheless, the past in mediation is typically not the foundation for resolving conflict. Put another way, the present moment embodies the lifeblood of mediation because it contains the different needs that people have and the ways that these needs can be satisfied by complementing—or at least not impinging on—the needs of others. NARROWING AND EXPANDING Litigation seeks to “narrow issues” through procedural and substantive mechanisms: responsive pleadings, motions to dismiss, pretrial orders, the requirement of relevance. Indeed, a critical quality of legal rules themselves is to narrow which “facts” have meaning in the contest and which do not: the elements of a tort, a breach of contract, a crime—all delineate what and when factual circumstances are meaningful to the resolution of controversy in litigation. In contrast, rather than narrowing issues, the mediation process tends to embrace openness in dialogue. The idea is that the more circumstances and possibilities are shared by the parties to mediation, the greater the chances that the parties, with the assistance of the mediator, can find creative ways to resolve disputes. JUDGMENT DAY By Christianna McCausland UB Students Continue to Shine in Thriving Moot Court Program O n a Saturday in November 2005, the hallway of the old post office courthouse building in downtown Baltimore is crammed with fresh-faced law students wearing spit-polished shoes and, with few exceptions, black suits. They look as if they are in uniform, and they have the same mix of anticipatory excitement and anxiety gleaming in their eyes that one would expect of new recruits about to face judgment. In fact, they are. This is the region III contest of the 2005 National Moot Court Competition, where three then-second-year UB law students—Tricia Cecil, Sean Conway and Joe Johnston—have come to test their litigation skills and advocacy training against their peers. Students from schools such as Georgetown, the University of Pittsburgh, Rutgers and the University of Maryland will join the University of Baltimore contingent in an actual courtroom to argue their case in front of three imposing judges whose sole aim is to question, probe and argue, to test the students’ knowledge and their emotional 22 NOTA BENE fall 2006 strength. It was a long journey to this day, one that began at the University of Baltimore campus just a short distance from the old post office building. Moot courts have a long history at UB. Byron L. Warnken, J.D. ’77, an associate professor of law and director of the Judicial Internship Program, coached moot court teams for 17 years at the University (he now administers the regional competition) and was a participant himself in 1975, when he and his partner won the intramural moot court championship. In his time at UB, the number of moot courts has grown from one to 16 currently in action at the school. But, he says, “The granddaddy of them all is the national moot court competition. It’s the oldest, the most prestigious.” UB began participating in the national competition in 1972, the year the school received provisional accreditation. In 1973, the school shocked the academic establishment when it beat Georgetown to gain a spot in the nationals. According to Warnken, UB’s success came as no surprise to those who knew the school. “Historically, UB has been an advocacy school,” he says, explaining that prior to accreditation, UB’s lawyers were not as marketable as those who came from big-name schools. So the graduates set up general practices and learned to litigate—skills that were passed down to new students entering the law school. “Performance on the LSAT does not necessarily correlate to the ability to handle yourself well on your feet in the courtroom,” says Warnken. “What we’ve found over the years is that UB does well when matched head to head against schools that are considered higher than us on the pecking order.” As teams performed better, interest and participation in the teams grew, as did the law school’s reputation. “Our students and faculty take appellate advocacy training pretty seriously,” says Warnken. “It is, like a lot of our other practice-related programs, a very good way to learn skills you won’t learn from a classroom exercise,” says Ernie Crofoot, J.D. ’82, an adjunct professor and faculty adviser to the team. He also went to the national competition as a student at UB. Crofoot explains that the moot court experience is as close as the students can get to actually appealing a case, short of being in a clinic. The students must review the legal record, spot issues and write a precise brief, all while observing the laws that govern appellate practice—down to the typesetting of the brief. “Knowing how appellate practice works is very important, even if a lawyer doesn’t practice it,” he says. “You need to know what can happen to your clients when you are finished with them. It’s all part of really knowing the law.” This year’s team received its “problem” in September: the case of Town of Belle Mer v. Walt Rides Corporation (WRC). In the case, the owner of amusement rides argued that safety regulations enacted by the town in the wake of several accidents were financially impossible to maintain and that the local law requiring the safety measures was unconstitutional. Participants in the moot court were asked to argue whether the law enacted by the town constituted a taking under the Fifth Amendment, and whether the doctrine of Rooker-Feldman barred the District Court from considering claims that could have been, but were not, addressed at the state level. UB team members MOOT COURT Cecil, Conway and Johnston were casual friends when they were selected to the team. They echo each other’s reasons for applying to the court: a desire to practice their research, writing and advocacy skills. Luckily, that friendship carried them through the long hours to come, making the experience more enjoyable. They began work on their brief for the respondent, WRC, without the help of any faculty member—not even Crofoot, as specified by the rules of the competition. In October, the brief was sent to the competition for grading. Forty percent of the team’s overall score is based on the brief, the remainder on performance in the court. The work of preparing oral arguments began. The team gathered twice a week in the UB moot courtroom, practicing arguments before guest “judges” that included UB professors and representatives from the local legal community, many of whom participated in interscholastic moot court teams during their own time at UB’s law school. The judges tested the students on not only their arguments but also their ability to handle aggressive questioning under pressure. “It has been hard work and pretty humbling at times,” says Johnston, a Baltimore native who is the first person in his family to attend law school. The team requires a tough practice schedule, with the students balancing their own lives and the demands of school with their participation in the moot court. For his or her efforts, each student receives two academic credits. All team members need to be able to argue for both the respondent and the petitioner. In the early stages of practice, it was easy for the students to be tripped up by the questioning of Crofoot and the other judges. But with time, the students began to think faster on their feet. “You have to have excellent research, organizational and writing skills,” says Crofoot on the makings of a good moot court competitor. “And you have to be a creative thinker.” By the weekend of the competition—Nov. 18-20—the three UB students were ready to put Competition Results 1. Martin Cohen, J.D. ’06, and GwenMarie Davis, J.D. ’06, placed fourth out of 100 teams at the American Bar Association’s National Client Counseling Moot Court Competition in Tampa, Fla., in March. 2. The team of Deniece Robinson, 3L; Jaclyn Bolden, 3L; Tamika Clarke, 3L; and Cerone Anderson, 3L, placed as the first runner-up in the Black Law Students Association’s Mid-Atlantic Regional Thurgood Marshall Mock Trial Competition in Philadelphia, Pa., held in January. 3. Ashley Bosche, 3L, and Kristen Ross, 3L, finished in second place out of 24 schools in the region to qualify for the national finals of the ABA’s Negotiation Competition, held in Chicago, Ill., in February. 4. The American Intellectual Property Law Association Moot Court Team of Paul Wiegel, J.D. ’06, and Hee Smith, 3L, made it to the semi-finals of the American Intellectual Property Law Association’s Giles Sutherland Rich Memorial Northeastern Regional Moot Court Competition in Boston, Mass., in March. 5. The National Telecommunications Law Moot Court Team of Robert D. Anderson, 3L; Bryan Davis, 3L; and Mary Beth Ewen, 3L, qualified for February’s national competition, held in Washington, D.C. their well-honed skills to the test. Each team is required to argue three times in the preliminary rounds on Saturday, after which five teams are eliminated. Four teams then advance to the semifinal round on Sunday. Sunday’s winners advance to the next level of the competition. In court, the students are judged on everything from their demeanor and the knowledge of the record to their responsiveness to questions and their persuasiveness. The UB team first competed against American University. “It was nerve wracking at first, waiting for the judges to come into the room,” Cecil recalls. “But once I started arguing, I felt comfortable.” After the oral arguments were completed, the judges dropped their imposing demeanor and offered comments to each student in a more casual atmosphere. The UB students received praise for their style, their capacity to articulate their answers to the judges’ questioning and their ability to blend their knowledge of the facts with their knowledge of the law. In a lighthearted moment, the judges even commiserated with the students over the confusing issue of the RookerFeldman doctrine, which many admitted they’d never even heard of before they were asked to judge the competition. In the end, UB’s attempt to move from the regional to the national competition ended that weekend in November. The team placed sixth overall, missing the cut by just 0.5 of a point—one of the closest competitions in recent history. Despite the loss, the lessons from the moot court competition will carry on for Cecil, Conway and Johnston, who will leave UB with a leg up on their litigation skills. Their participation will also give them an edge in today’s competitive hiring market. “I look at resumes all the time and, because it is so competitive, you always look for someone who goes above and beyond,” says Tom Lingan, J.D. ’86, a hiring partner in the Baltimore office of Venable. “Moot court is pretty well regarded because it shows a certain amount of initiative and a command of oratory skills that are valuable.” Conway was working as a high school history teacher in Chicago when he coached his own mock trial for his students. One of his pupils asked why he never went to law school himself, an innocent question he says was an “ah-ha!” moment that sparked a career interest and led him to Baltimore and the moot court competition. “This is the only time in our legal careers that we will have the opportunity to learn from so many of the best in the business in such a short span of time,” says Conway. “The benefits of this learning experience have been, and will be, my most cherished experience at UB.” NB TOPof their game at the BY PAULA NOVASH What do a trial judge, a former attorney for the European Union, an expert mediator and a physician and chief medical officer (who also happens to hold a law degree) have in common? They’re all highly successful in their specialized fields—and they’re also members of the stellar adjunct faculty at the UB School of Law. “We’re fortunate to have outstanding professionals as adjuncts who complement our full-time faculty,” says Donald Stone, associate dean for academic affairs at the law school. “Their experience adds richness to our programs, and they are excellent role models for our students.” The good feelings are mutual, says the Hon. Brian Kim, an adjunct at UB since 1994 who has served on the faculty council and was named Adjunct Professor of the Year for 2004-05. “From what I’ve seen, adjunct faculty members are highly regarded at UB,” he says. “The administration seeks out a great mix of people and treats them very well.” Kim, a trial judge for the District Court of Maryland for Montgomery County, has taught courses that include Legal Writing, Research and Analysis; Trial Advocacy; and Interviewing, Negotiating and Counseling. On the bench, he presides over nonjury civil and criminal cases, domestic violence cases, landlord-tenant cases and municipal infractions, and he’s able to incorporate these issues and others into the bench advocacy course he currently teamteaches with the Hon. Patricia Mitchell of the District Court of Maryland. “Many materials I pull from public records provide direct experience our students wouldn’t have otherwise,” he says. Teaching in the LL.M. in the Law of the United States program (for students who have law degrees from other countries and are preparing to take the bar in the States) has special significance for Kim, who was born in Korea and whose family emigrated to Japan and then to the United States. 24 NOTA BENE fall 2006 the Hon. Brian Kim “I’ve had students such as a judge from Nigeria and a Scottish prosecutor from the Queens Bench in the United Kingdom, and it’s very rewarding to help them resume their professional lives here.” “Having had my own immigrant experience, I can identify directly with some of the things they go through,” he explains. “I’ve had students such as a judge from Nigeria and a Scottish prosecutor from the Queens Bench in the United Kingdom, and it’s very rewarding to help them resume their professional lives here.” Kim also coaches the moot court team that competes in the National Asian Pacific American Bar Association competition. “I’ve had great students on my teams and in class,” he says. “It’s fun to see the changes from the time you have them the first year till you see them walk across the stage at graduation. And now I love seeing them in court.” Theresa Furnari, an adjunct professor at UB and a Domestic Relations Master in the Baltimore City Circuit Court, recalls a talk she gave 10 years ago to a group of women going through divorces. “I was suggesting that they might consider mediation, and one woman stood up and said she didn’t think she needed the information, although she was divorcing for the third time,” Furnari recalls. “She started to explain, ‘I’m a spiritual person, but…’; turned out that she thought I was discussing meditation.” Since then, mediation is much better known and accepted in the legal community as an alternative to litigation. Furnari, whose position involves recommending for disposition child custody, visitation and contempt proceedings, among other areas, became convinced of mediation’s value when she observed in her private practice that more people seemed unsatisfied than happy as a result of a litigated verdict. “It seemed to me there were many situations, such as custody disputes, that could be better resolved by the parties involved rather than by the court,” she explains. Furnari began teaching a mediation skills class at UB this year. “Besides reviewing skills, we do a lot of role- Theresa Furnari “After reviewing skills in class, I’ll find myself reflecting on how I do things from the bench. I’m looking at what I do with a fresh perspective.” playing, so the students get practical, hands-on experience to simulate what the mediation process is like,” she says. What’s particularly enjoyable about teaching, says Furnari, is working with students as they are developing their skills and ideas. “It’s exciting to see students open up their minds to alternatives like mediation,” she says. “From my experiences I’m able to share cases that have gone to mediation or haven’t, and the students bring excellent points to consider.” Her teaching has been beneficial in another way, says Furnari. “After reviewing skills in class, I’ll find myself http://law.ubalt.edu 25 “You can’t understand health-care law unless you understand the operations behind it.” Rodney Williams, M.D. reflecting on how I do things from the bench. I’m looking at what I do with a fresh perspective." Rodney Williams, M.D., is the executive vice president and chief medical officer at the Greater Baltimore Medical Center. His work spans the areas of care management, quality improvement, information technology, human resources and physician practices, and he also represents GBMC in relationships with government, universities, social services agencies and other stakeholders in the inner city. In addition, Williams holds a J.D. from the Stanford Law School and is an active member of the Maryland bar. (He also holds inactive bar memberships in Hawaii and California.) His diverse training and work experience are 26 NOTA BENE fall 2006 assets he draws on when teaching his UB course on medicine and the law. “The course addresses two major components in the intersection of law and medicine—the ethical and the financial,” he explains. “You can’t understand health-care law unless you understand the operations behind it.” While many students expect to discuss issues such as the right to die, abortion and privacy, they may not think about the influence that business has on health care, Williams says. “I like to tell students there are five players in health care—patients, physicians, hospitals, payers and the government,” he says. “Most people focus on the individual’s interaction with physicians and hospitals, versus the hospital/insurer, hospital/government and hospital/payer relationships and how they support the infrastructure.” Williams looks for issues and situations that he can apply in his teaching. “During this year, we’ve had the John Roberts [Supreme Court] hearings, the medical malpractice crisis and public health in the wake of terrorism and Katrina,” he explains. “Or we discuss something that’s come up in my work day, like the rights of minors in the emergency room. What’s fun is to introduce and talk about what’s real.” The boundaries in health-care law are evolving, says Williams. “Behind the doctor-patient issues, there’s a superstructure that has more effect than you can imagine. Until you understand the financial and economics, you can’t understand their ramifications.” Francine Forster, LL.M. ’04 “European law is both challenging and interesting because the European Union is so diverse.” Francine Forster, LL.M. ’04, another adjunct professor of law at UB, received her M.A. and LL.B. degrees in Ireland and an M.B.A. in Scotland before earning her LL.M. at UB. She is a member of the bars of England and Wales, Northern Ireland, New York and the District of Columbia, has practiced law in the U.K. for more than 20 years and was a lawyer in the Competition Directorate of the European Commission in Brussels. Her course covers European Union Law from its origins to the present, and she notes that students quickly come to appreciate how these laws have evolved and continue to evolve. “European law is both challenging and interesting because the European Union is so diverse,” she explains. “That it has developed a uniform code integrating commerce among 25 countries as different as Germany and Spain, Finland and Slovenia in less than 50 years is a remarkable achievement.” While the EU and the United States share common goals on issues such as security, the fight against terrorism, drug trafficking and human rights, there remain significant differences in areas such as competition law. “For example, the EU has rejected proposed mergers between large U.S. companies which had been approved under U.S. law,” Forster explains. “It’s important to understand the reasons behind these decisions and to avoid these types of problems in the future.” Forster is also a 2004 graduate of UB’s LL.M. in the Law of the United States program, and Kim was one of her professors. “The UB School of Law provides a strong mix of the theoretical and the practical,” she says. “The professors showed a genuine commitment to excellence. “Having that experience is one of the reasons I wanted to remain a part of the UB community.” NB http://law.ubalt.edu 27 BY CHRIS HART READING BETWEEN THE LINES: New Program Helps Spot Domestic Violence T he couple sits face to face in a quiet office, eyes focused on anything but each other. A young woman talks to them about the child-care arrangement they made before they separated—an agreement that is now in dispute. The woman is working through their seething argument, trying to remind both sides that the care of their daughter is what’s important. She seems to be making progress—but what she doesn’t know is what happened the night before. She doesn’t know that the husband confronted his wife at her apartment and that, in a rage, he hit her. And it wasn’t the f irst time, either. 28 NOTA BENE fall 2006 A good lawyer needs all the facts to do a good job—that’s Law School 101. Perhaps in no other setting than a family law mediation is that need more important and more understandable. And without knowing for sure that domestic violence is not part of the picture, a court-officiated mediation simply isn’t possible. So says Jane Murphy, professor of law, codirector of the UB School of Law’s Family Mediation Law Clinic and founder of its Family Law Clinic. While Murphy is a strong advocate for taking certain family matters into mediation—custody problems, child support, property claims in divorce cases and the like—she is equally intent on keeping issues involving domestic violence out of the hands of mediators. It’s not that these court-appointed professionals aren’t capable in their jobs, but rather that the stakes are too high for a mistake to be made. Family law mediation has been on the books in Maryland since 1995, and cases have been referred to court-sponsored mediation programs in ever greater numbers over the past five years or so. But in 2004, Murphy and a handful of her colleagues in family law noticed a troubling trend—men who were capable of domestic violence were ending up with their spouses in mediation sessions. On occasion, more violence was the result. “Sometimes, he might retaliate back at home because she’s exposed him during a mediation session,” Murphy says. “She’s talked about something, like his excessive drinking or some other weakness, or maybe she’s hinted that he can be violent. For whatever reason, their time in mediation has made matters much, much worse.” Knowing that the intent of mediation is exactly the opposite—it’s designed to bring about clear and equitable resolutions to fairly standard family disputes, and do so in a timely fashion without the formality of court proceedings—Murphy and her peers at the House of Ruth, the Administrative Office of the Courts, the private Maryland Network Against Domestic Violence and elsewhere began to work on a solution. They sought to preserve the integrity of mediation while at the same time mitigating the risks posed by violent offenders. After interviewing professionals inside the system, court officials and experts in domestic violence, Murphy and her colleagues—including some of UB’s family law students—decided that a screening process, featuring a training manual as well as a video, was the best way to prevent offenders from entering a mediation setting. Murphy even co-wrote the script for the video, in which Robert Rubinson, professor of law and director of clinical education, and Leigh Goodmark, assistant professor of law, lent a hand by role-playing. The finished product was completed and distributed to every courthouse in the state by the Domestic Violence and Mediation Workgroup, part of the state Department of Family Administration in the Administrative Office of the Courts. Chief Judge Robert Bell has endorsed the effort, reminding all of Maryland’s court officials that domestic violence crosses a threshold that requires more formal intervention by the courts. Murphy is proud of the effort, and recently the Maryland Network Against Domestic Violence praised her and others involved in the screening project. “I’ve worked on a number of these kinds of things over the years, and it was satisfying to see the problem identified and debated, and a solution created relatively quickly,” she says. Now, she adds, she plans to have students in the Family Mediation Law Clinic conduct screening sessions with mediators—an indicator that the School of Law will continue to play a key role in this issue. “This is all about legal education,” Murphy says. NB Robert Rubinson, professor of law and director of clinical education at UB, and Jane Murphy, professor of law and co-director of the School of Law’s Family Mediation Law Clinic http://law.ubalt.edu 29 THE END OF AN ERA Thirty years, one new law center, two accreditations and several new programs later, Larry Katz retires from the University of Baltimore. Although the University had provisional accreditation, the UB There is at least one thing that virtually everyone affiliated with the law program was mainly seen as a night school. It was up to Katz to oversee school can agree upon: Laurence M. Katz, who retired in July, is the sinthe construction of the John and Frances Angelos Law Center, complete gle individual most responsible for turning the University of Baltimore the transition from an evening school to a predominantly day school, School of Law into a recognized force in the legal community. develop the curriculum, expand the faculty and improve the facilities. It “Larry Katz is well loved and deservingly so,” says Gilbert Holmes, dean also took the support of the faculty, as well as the backing of those in of the law school. “He oversaw the transition of a primarily night school state government and the General Assembly, to get everything aligned into a well-respected college of law.” for full accreditation in 1981. Indeed. Katz was brought on board as dean in 1978 by then-President From there, Katz oversaw the school being accredited by the Association H. Mebane Turner to oversee huge changes, and it was a position he of American Law Schools, a designation that is more stringent than ABA would hold until 1993. “We knew that if someone of Larry’s character accreditation. Not content to rest there, he developed a master’s degree in accepted the position of dean, it meant that we would become a real law taxation—a program that sees accountants and law students studying school,” says Byron L. Warnken, J.D. ’77, associate professor of law. together—and oversaw the development of a summer-abroad comparative But Katz did not begin his career at the University of Baltimore; he had law program with Scotland’s University of Aberdeen. “Our summer proalready established an impressive track record elsewhere. “After graduating gram has courses taught by both U.S. and Scottish attorneys,” he notes. from the University of Maryland School of Law, I clerked for Judge Simon “Aberdeen has been a wonderful partner; we really get the royal treatment E. Sobeloff, chief judge of the United States Court of Appeals for the Fourth when we visit.” Circuit, and then I was an associate with Frank, Bernstein, Conaway & In 1993, Katz stepped down as dean of the UB School of Law and Goldman for two years before leaving to teach at the University of returned to teaching (although during his tenure as dean, he taught one Maryland School of Law,” says Katz. “I began teaching in 1966 and worked course each semester to stay in contact with students and continue his my way from assistant professor to professor and associate dean.” love for the profession). During this time, Katz also served as the first executive director of the The current dean, Gilbert Holmes, was particularly appreciative of Maryland Institute for Continuing Professional Educational of Lawyers, or MICPEL. Katz’s hands-off approach. “He made it very clear that he would not get in “When I became dean, UB was provisionally accredited by the American my way,” says Holmes. “Whenever I called upon him for help, he always Bar Association, which permitted its graduates to take the Maryland bar made it a point to come to my office, rather than the other way around. exam,” says Katz. “The Maryland Court of Appeals imposed a rule that Of course, there were times when I went to his office. … Sometimes you would allow only graduates of accredited law schools to sit for have to get up and go to the mountaintop to get the best advice.” the Maryland Bar Exam.” By MARY MEDLAND 30 NOTA BENE fall 2006 Illustration by ALLAN BURCH “...People always say what a man of amazing integrity and competence he is.” –UB PRESIDENT ROBERT L. BOGOMOLNY Clockwise from top left: The Office of Technology Services’ Julie Persell wishes Katz well at his retirement ceremony on May 17, 2006. Former UB President H. Mebane Turner congratulates Katz on his retirement. Katz celebrates his Honorary Alumnus Award at the 2005 Alumni of the Year Luncheon with his youngest grandchild, Blimi Goldberg. Contributions are being accepted to establish the Dean Laurence M. Katz Chair. For more information, contact Michael Cather, 410.837.6797 or mcather@ubalt.edu. 32 NOTA BENE fall 2006 But Katz’s reputation goes far beyond the UB campus. “He led the search committee for the presidency of the University of Baltimore,” says UB President Robert L. Bogomolny, “and one of the reasons I seriously considered this university was because of Larry and what he represented. “Wherever I go in this city, when his name comes up, people always say what a man of amazing integrity and competence he is. He’s a great ambassador for the University.” Bogomolny points out that Katz also served as interim provost from 2003 to 2004. “This was not a position that was important to [his] career development and he didn’t have to take this on, but Larry did, and he really did the University a great service.” Bogomolny adds that while Katz is not a political individual, he was always conscious of the inevitable politics involved at a university. “He is aware of politics,” says Bogomolny, “but he makes his decisions based on principle.” Warnken adds, “There is an element of adversity in our legal system and a certain Type A personality that goes to law school. Consequently, there are very few people in the legal community that everyone has praise for, and Larry is certainly on that short list. “He’s sort of like those E.F. Hutton commercials—‘When Larry Katz speaks, everyone listens.’” In spite of his achievements as dean, Katz hit an equally powerful chord with his students—he was voted Outstanding Teacher in 1997 and 2005. “I had Professor Katz for always get help. Professor Katz never rushed out of class, but stayed to answer questions.” Similarly, says Donna Glover, J.D. ’06, who is scheduled to join the labor and employment practice group at Venable LLP, “He’s such a good person and so caring with his students. He’s very accessible, and with him, there are no stupid questions. “His course in Commercial Transactions was extremely useful and very problem-based and solution-oriented,” she adds. “The workload was heavy, but in the end you absolutely understood the code.” While contracts and commercial transactions are important but not necessarily sexy areas of law, students would get in line to take his classes. “Everyone wanted to take a class with Larry because he is so respected and because he is such a good teacher,” Warnken explains. A deeply religious individual, Katz studied at Ner Israel Rabbinical College from 1959 to 1961. “He carries his religion on his sleeve, but in a very positive way because he doesn’t throw it at you,” Holmes says. “He is very devout and that comes through in how he treats people.” “He’s remarkably kind and caring and is a brilliant legal mind.” –BYRON L.WARNKEN Contracts I, Contracts II and Commercial Law,” says Victoria Sulerzyski, J.D. ’05. “These are dry, complicated classes, yet he was really good at making the process less tedious. “He taught in a way that you could use the code to relate to the practice of law rather than just reading the code. Professor Katz is such a gentleman, and I have such respect for him. … His door was always open, and you could As the adviser to the UB Jewish Law Students Association, Katz is always available to help students—especially the more religious students—with their needs. “He has great respect for his students,” says Joshua Caplan, a third-year law student. “He is probably the most accomplished, yet humble, person I’ve ever met in my life,” he says. “What you don’t recognize as a first-year law student is that you really are in the presence of a great person. UB has been so lucky to have him as a professor.” In addition to his work at UB, Katz spent eight years as chair of the Maryland Court of Appeals Chief Judge’s Committee to Review Bar Admissions Processes for the State of Maryland; 17 years as the reporter for the Judicial Ethics Committee of the Maryland Judicial Conference and seven years as the executive secretary for the Maryland Commission on Judicial Disabilities. Other community activities include being a trustee of the Charles Crane Family Foundation, a member of the board of directors of Hillel of Greater Baltimore and a member of the Baltimore City Civilian Review Board. When Katz officially retired on July 1, 2006, the School of Law began a slow adjustment to his absence—a task that has not proven to be easy. “He’s going to be sorely missed. …We both had the same official starting date at UB, and when I was a young academic, he was the best role model one could hope for,” says Warnken. “He’s remarkably kind and caring and is a brilliant legal mind.” Holmes agrees, noting that Katz set an unparalleled example for others to follow for the duration of his nearly three decades at UB. “I seek to emulate him every day,” says Holmes. When looking back at his career, Katz points to his tenure as dean as his most important contribution. “I think what I’m most proud of is my 15 years as dean,” he says. “It was a challenge to get the cooperation of a large group of people to work together to produce a meaningful and effective program. It didn’t happen overnight, but it was very satisfying to see the changes that happened over time. “I’ve been teaching for 40 years and this seemed to be about the right time to stop. … I’ve seen faculty members stay longer than they should, and while I think I’m still doing fine, it was time for a change.” Katz is not entirely sure how his future will pan out. “I don’t want to work at a law firm, and I’ve floated my resume to the government, so we’ll see what happens,” he notes. “Or maybe I’ll play baseball for the Orioles or, if that doesn’t work out, I’ll play pingpong with my 17 grandchildren.” NB http://law.ubalt.edu 33 STUDENT FILE Mentoring Program Proves the Sky’s the Limit Since 1989, the University of Baltimore School of Law Mentor Program, coordinated by the Law Alumni Society, has matched first-year students with local alumni attorneys. Students enhance their educational experiences and establish a connection in the legal community by developing professional relationships with alumni who have volunteered their time as mentors. served as a helicopter pilot with the U.S. Marines for nine years. “This narrow area of law involves litigation, interpretation of federal guidelines, contract drafting for the buying/selling/leasing of aircraft and other subspecialties. Steve was an ideal mentor.” Hall, who has forged a successful career in the private-jet brokerage business since 1985, formed “Thanks to Steve, I’ve learned that a person’s professional aspirations are limited only by his or her IMAGINATION.” In fall 2005, Thomas Leahy, then a first-year law student, was pleasantly surprised to learn that the mentor to whom he had been assigned— Steve Hall, J.D. ’79—had legal experience in the aviation industry. “My background in the military motivated my interest to attend law school and to pursue the area of aviation law,” says Leahy, who 34 NOTA BENE fall 2006 his own brokerage company, Hallmark Aviation, in 1995. In addition to buying and selling private jets, Hallmark specializes in the acquisition of airliners for conversion to private use by heads of state and billionaire VIPs. Hall’s experience and ready accessibility helped to open Leahy’s eyes to the variety of nontraditional left: Thomas Leahy legal opportunities that await upon graduation. According to Leahy, Hall’s achievements are living proof of this fact. “Thanks to Steve, I’ve learned that a person’s professional aspirations are limited only by his or her imagination,” he says. From his perspective as a successful businessman, Hall assesses Leahy’s military background as a factor that contributes to his marketability in the legal arena. “I view this as a big plus for him in his ability to bring a world view to the legal profession,” Hall says. “Although the business of law is generally highly localized and very specific in its application, I believe that a serious and experienced person like Thomas will bring new insight and greater empathy to the legal profession. “As a mentor, I view it as my job to reinforce and nurture the importance of talents gained from life experiences and not let them wane under the pressures endured by first-year law students,” he continues. Like Leahy, approximately 80 first-year students participate annually in the mentor program and are paired with alumni who match each student’s areas of interest. The Law Alumni Society’s mentor program committee meets in the early fall to review student applications and select mentors; all parties involved also attend a breakfast orientation in October. For more information or to learn how to become a mentor, contact Tammi Scott-Lynch at 410.837.4479 or tscott-lynch@ubalt.edu. STUDENT FILE UB Law Graduates Continue Success in Judicial Clerkship Arena Like many of their predecessors, members of the class of 2006 have secured judicial clerkships throughout the state of Maryland and beyond. The following is a partial listing of the members of the class of 2006 who are beginning their legal careers as judicial clerks: MARK BEAUMONT Circuit Court for Carroll County GWEN-MARIE DAVIS Circuit Court for Baltimore City K AREN GOSTOMSKI Circuit Court for Anne Arundel County MELISSA MELCHIOR Circuit Court for Baltimore County V ICTORIA Z. SULERZYSKI Court of Appeals, Maryland JONATHAN BRADBARD Circuit Court for Anne Arundel County LEON M. DEBES JR. Circuit Court for Washington County CRAIG HAUGHTON Court of Appeals, Maryland JASON PENN Court of Appeals, Maryland WAYNE L. THORNHILL Court of Special Appeals, Maryland TODD BROOKS Court of Special Appeals, Maryland DERRICK DYE Circuit Court for Wicomico County GREG HISLOP Circuit Court for Kent County TRACEY PERRICK Circuit Court for Montgomery County STANLEY TODMAN Circuit Court for Baltimore City JOSEPH CLEAVER Circuit Court for Washington County DANIE ENGLES Circuit Court for Frederick County JOSEPH HOWARD Circuit Court for Baltimore City K ELLY POWERS Circuit Court for Baltimore City APRIL URBAN Circuit Court for Howard County ANGELA COSTELLO Circuit Court for Prince George’s County SLOANE FISH Circuit Court for Baltimore City MATTHEW HURFF Circuit Court for Harford County APRIL RENEE RANDALL Circuit Court for Prince George’s County CRAIG ZISSEL Circuit Court for Howard County SIMONE KIERSKY COYLE Circuit Court for Baltimore City K ERRY FOX Circuit Court for Frederick County MARK JOHNSON Court of Appeals, Maryland CHRIS ROBERTS Circuit Court for Montgomery County ERNEST CORNBROOKS Court of Appeals, Maryland MAURICE FRAZIER Circuit Court for Baltimore City PATRICIA LEY Circuit Court for Montgomery County TIFFANY RODENBERGER Circuit Court for Prince George’s County ANDREW DALE Circuit Court for Baltimore City RICHARD FRIEDLER Circuit Court for Baltimore City ALBERT MCCARRAHER Circuit Court for Baltimore County MICHAEL RYND Circuit Court for Baltimore City School of Law Calendar of Events 2006-07 Nov. 14 a.m. LAW: THE WAR ON TERROR AND THE FOURTH AMENDMENT: CAN THEY COEXIST? March 13 a.m. LAW PRESENTATION registration: 7:30 a.m.; lecture: 8-9 a.m., Venable Baetjer Howard Moot Court Room, Angelos Law Center, University of Baltimore April 10 a.m. LAW PRESENTATION Feb. 9 UB STUDENTS FOR PUBLIC INTEREST LAW AUCTION April 24 a.m. LAW PRESENTATION The Belvedere, Baltimore, Md. Feb. 20 ANNUAL LIBRARY LECTURE March 6-10 THE UB SCHOOL OF LAW’S LITIGATION WEEK AND LEGACY OF EXCELLENCE IN LITIGATION CEREMONY May 2007 ALUMNI/STUDENT GOLF TOURNAMENT June 2007 MARYLAND STATE BAR ASSOCIATION ALUMNI AND FRIENDS RECEPTION For more information on these events, contact the Office of External and Alumni Relations at 410.837.6797 or ear@ubalt.edu. Stay informed of the latest events and School of Law news. Subscribe to the monthly online newsletter, E-Docket, at http://law.ubalt.edu/edocket/ subscribe.html. 2006 Congratulations to the Class of Lauri Jacobson and Kia Johnson Law Dean Gilbert Holmes and Joyce Lombardi On May 21, 2006, 296 law students crossed the stage of the Lyric Opera House to receive their degrees; these graduates included 16 from the LL.M. in Taxation program and six from the LL.M. in the Law of the United States program. Maryland’s first female state’s attorney, the Hon. Irma S. Raker, delivered the commencement address. Bradley Marcus 36 NOTA BENE fall 2006 President Robert L. Bogomolny, the Hon. Irma S. Raker and Holmes Mareco Edwards and Namha Corbin ALUMNI 1 Home 2 6 4 1 4 5 2005 ecoming Clockwise from top left; l. to r.: Although rain cancelled the eagerly anticipated alumni/ student softball game, the School of Law’s 3rd Annual Homecoming and Reunion, held Oct. 8-9, 2005, was anything but a washout. Alumni from as far away as Florida returned to UB to reconnect with their former classmates and attend the annual festivities. Before the weekend was over, the law school honored several distinguished guests, including members of the classes of 3 1955, 1965, 1975, 1980, 1985 and 2000 as well as the top students in the Graduate Tax program. The Engineers Club provided an ideal setting for a gala on Saturday, where dinner, dancing and discussion were on order for this special evening. Sunday’s Jazz Brunch was held in the lobby of UB’s John and Frances Angelos Law Center, giving guests a perfect view of the newly renovated Venable Baetjer Howard Moot Court Room. 1. Law students Lauren Dunnock and Julie McCann 2. Joy Clarke-Holmes, Dean Gilbert Holmes and Neil Meyerhoff 3. On Saturday, alumni and guests dined at the Engineers Club at the Garrett-Jacobs Mansion. 4. Members of the law class of 1975: Neal R. Haber, Joseph Persico, Michael D. Steinhardt, Anthony Katz and Charles Shubow 5. Alumnae enjoying the Sunday Jazz Brunch 6. Linda Blatt and Anthony Katz, J.D. ’75 3 ALUMNI rd Annual Litigation Week Cel A historic agreement ceremony between the UB School of Law and the Maryland Chapter of the American College of Trial Lawyers kicked off the 3rd Annual Litigation Week, held March 7-11. Representatives from the ACTL and the law school celebrated their collaboration in providing students with a litigation skills program. Other activities during the week included a special session of the Court of Special Appeals in the newly renovated Venable Baetjer Howard Moot Court Room as well as free seminars on topics such as the seeming disappearance of jury trials, the ethical representation of clients before the court and commercial litigation of the 21st century. At a gala dinner on Saturday, March 11, four alumni were honored with Legacy of Excellence in Litigation awards for their exceptional achievement in and impact on the profession. In addition, the Charles Hamilton Houston Lifetime Achievement Award was presented to a friend of the University who is not a graduate and who has established a legacy of excellence in the state of Maryland. l to r: Albert P. Halluin, J.D. ’69; the Hon. Roger W. Brown Sr., J.D. ’73 (ret.); the Hon. Lynne A. Battaglia; Jana Howard Carey, J.D. ’76 (ret.); and the Hon. Joseph F. Vallario Jr., J.D. ’63 42 NOTA BENE fall 2006 ALUMNI ebrates Landmark Collaboration 1 2006 LEGACY OF EXCELLENCE IN LITIGATION “HALL OF FAME” INDUCTEES: The Hon. Joseph F. Vallario Jr., J.D. ’63 Delegate, State of Maryland Albert P. Halluin, J.D. ’69 Senior Counsel, Wilson Sonsini Goodrich & Rosati The Hon. Roger W. Brown Sr., J.D. ’73 (ret.) Judge, Circuit Court of Maryland Jana Howard Carey, J.D. ’76 (ret.) Partner, Venable, Baetjer & Howard LLP 1. Clockwise from top left: Roger Brown Jr., Bobbi Dickens, the Hon. Roger W. Brown Sr., Patricia Brown, Stephen Gee, Russell Neverdon, Tiffany Neverdo, Andrea Brown Gee, Kimberly Thomas and Courtney Brown 2. Law Professor Morad Eghbal and law students Adrienne Dixon and Antonio Moore The Hon. Lynne A. Battaglia Judge, Maryland Court of Appeals 3. Crystal and Charles Hamilton Houston III 3 2006 CHARLES HAMILTON HOUSTON LIFETIME ACHIEVEMENT AWARD IN LITIGATION RECIPIENT: 2 http://law.ubalt.edu 43 ALUMNI UB Golf Tournament Sets New Giving Record A record 80 golfers played in the UB School of Law’s 7th Annual Alumni and Student Golf Tournament, held on May 18, 2006, at the Waverly Woods golf course in Marriottsville, Md. Neil Bixler, J.D. ’92, and Dylan Megarity, J.D. ’92, co-chairs of the Law Alumni Society’s golf committee, coordinated the event that brought together alumni, students and friends for a enjoyable day of play and networking. The day’s event brought yet another milestone: Participants raised a record $10,000 to benefit the School of Law’s Emergency Student Loan Fund. Top sponsors included the Law Offices of Peter G. Angelos and Gordon, Feinblatt, Rothman, Hoffberger & Hollander LLC. l. to r.: Michael Lynch; Gregory Rapisarda, J.D. ’05; Melanie Pereira, J.D. ’87; and Shannon O’Connor, J.D. ’04 Update: Law Alumni Society The 2005-06 academic year proved to be particularly productive for the UB Law Alumni Society. In addition to establishing bylaws and adding at least six new members, the organization worked hard to provide an impressive roster of educational programs and professional networking opportunities for alumni, faculty and students. October brought a stellar turnout for the UB School of Law’s 3rd Annual Homecoming and Reunion—an event 44 NOTA BENE fall 2006 organized by the society—and members also recruited several current practitioners to speak on timely and important areas of the law as part of the fall 2005 and spring 2006 Ginsberg a.m. LAW presentations. The Law Alumni Society’s mentor committee continued its successful mentoring program, producing a brochure to recruit participants. Finally, as noted above, this year’s golf tournament raised a record $10,000. 0 0 ,0 10 PARTING SHOT Front row (l to r): Isabel M. Cumming, Jill P. Carter, Joan B. Gordon, Melanie C. Pereira, Anita M. Sheckells Back row (l to r): Kendel S. Ehrlich, Kimberly L. Wagner, Robin Silver, Ellen L.S. Koplow Not pictured: Anne T. Brennan Ten ub Grads honored among “Maryland’s Top 100 women” On May 8, The Daily Record honored the 2006 winners of its annual “Maryland’s Top 100 Women” contest, including nine UB law alumnae and one Merrick School of Business alumna, at an awards ceremony held at the Meyerhoff Symphony Hall. According to The Daily Record, the contest “is designed to recognize women who not only have achieved professional success but also have contributed to bettering the communities in which they work and live. Additionally, [these women] play an active roll in mentoring the younger generation of businesspeople.” Two UB graduates—Isabel M. Cumming, M.B.A. ’89, J.D. ’93, of the Prince George’s County State’s Attorney’s Office; and Joan B. Gordon, J.D. ’78, of the Bar Association of Baltimore City—became members of the Circle of Excellence, The Daily Record’s “hall of fame” that recognizes three-time awardees. Other UB alumnae honored in May include: • Anne T. Brennan, J.D. ’84, of Whiteford, Taylor & Preston LLP • Jill P. Carter, J.D. ’92, of the Maryland General Assembly • Kendel S. Ehrlich, J.D. ’87, First Lady of Maryland • Ellen L.S. Koplow, J.D. ’83, of TD Ameritrade Holding Corporation • Melanie C. Pereira, B.S. ’77, J.D. ’87, of the Howard County Department of Corrections • Anita M. Sheckells, B.S. ’84, of KAWG&F, P.A. • Robin Silver, J.D. ’84, of Miles & Stockbridge P.C. • Kimberly L. Wagner, J.D. ’88, of Tritronics. http://law.ubalt.edu 45 3 University of Baltimore School of Law 1420 N. Charles St. Baltimore, MD 21201-5779 Non-Profit U.S. Postage PAID Baltmore, MD Permit #4903