21903 TWLS summer2000 - Texas Wesleyan School of Law - Texas ...
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inside<br />
Wes eyan<br />
<strong>Law</strong>yer<br />
features<br />
4 • a new dean for a new era<br />
National search concludes with inside<br />
appointment; Richard Gershon says this is<br />
a time for change at <strong>Texas</strong> <strong>Wesleyan</strong><br />
University <strong>School</strong> <strong>of</strong> <strong>Law</strong> – COVER STORY<br />
6 • bar trek: a<br />
52-year<br />
trip<br />
For Visiting<br />
Pr<strong>of</strong>essor Wylie<br />
Davis, the long<br />
journey has truly been its own reward<br />
22 • a farewell to fernando<br />
Colon-Navarro bids <strong>Texas</strong> <strong>Wesleyan</strong><br />
University <strong>School</strong> <strong>of</strong> <strong>Law</strong> goodbye,<br />
heads back to Houston and <strong>Texas</strong><br />
Southern University<br />
28 •a<br />
passion for learning<br />
You say there aren’t enough hours in the day?<br />
Wait until you meet alumnus Dr. Gary Edd<br />
Fish. He may change your mind<br />
sections<br />
9 • around campus<br />
Notes <strong>of</strong> interest about<br />
campus events<br />
12 •<br />
16 •<br />
24 •<br />
30 •<br />
32 •<br />
34 •<br />
35 •<br />
in academia<br />
Notes about <strong>Texas</strong> <strong>Wesleyan</strong><br />
law faculty and administrators<br />
legal perspectives<br />
Faculty viewpoints<br />
on today’s current issues<br />
Shedding a little light<br />
on a well-kept secret<br />
by Pr<strong>of</strong>essor Malinda L. Seymore<br />
Confidentiality<br />
(in negotiations)<br />
run amok: The good<br />
idea now protects<br />
the dishonest<br />
by Associate<br />
Pr<strong>of</strong>essor Lynne Rambo<br />
alumni news & notes<br />
A digest <strong>of</strong> news, notes,<br />
events and features<br />
snapshots<br />
Pictures <strong>of</strong> friends and alumni<br />
<strong>of</strong> the <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
hooding 2000<br />
Pictures from the spring 2000<br />
hooding ceremony<br />
giving news<br />
Philanthropic giving<br />
for the fiscal year 1999-2000<br />
career services<br />
Advice and news briefs<br />
Graphic design and layout by John Veilleux
Wes eyan<br />
<strong>Law</strong>yer<br />
Summer 2000 ■ Volume 1 ■ Issue 1<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
1515 Commerce Street<br />
Fort Worth, <strong>Texas</strong> 76102<br />
817-212-4000<br />
www.law.txwes.edu<br />
DEAN<br />
I. RICHARD GERSHON<br />
ASSOCIATE DEAN FOR ACADEMIC AFFAIRS AND BUDGETING<br />
GILBERT HOLMES<br />
ASSISTANT DEAN AND DIRECTOR OF ADMISSIONS<br />
ADAM BARRETT<br />
SENIOR DIRECTOR OF INFORMATION AND EDUCATIONAL TECHNOLOGY<br />
JIM HAMBLETON<br />
EXECUTIVE DIRECTOR OF THE LAW LIBRARY<br />
SUSAN PHILLIPS<br />
DIRECTOR OF MARKETING AND COMMUNICATIONS<br />
JOHN M. VEILLEUX<br />
DIRECTOR OF EXTERNAL RELATIONS<br />
DR. CHERYL GRAY KIMBERLING<br />
PRESIDENT<br />
DR. JAKE B. SCHRUM<br />
PROVOST AND SENIOR VICE PRESIDENT<br />
DR. THOMAS F. ARMSTRONG<br />
Comments and letters are welcome.<br />
Wesle esle esleyan esle an La <strong>Law</strong>y La wy wyer wy er is also interested in publishing articles<br />
written by law school graduates, including reports on<br />
pr<strong>of</strong>essional or personal activities, scholarly reviews,<br />
book reviews and editorial comments.<br />
Please direct correspondence to:<br />
John M. Veilleux, Editor<br />
Wesle esle esleyan esle an an La <strong>Law</strong>y La wy wyer wy er<br />
1515 Commerce Street<br />
Fort Worth, <strong>Texas</strong> 76102<br />
jveilleux@law.txwes.edu<br />
Wesle esle esleyan esle an La <strong>Law</strong>y La wy wyer wy er is published twice a year in the summer and<br />
winter for the benefit <strong>of</strong> <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong><br />
<strong>Law</strong> graduates, faculty and friends.<br />
The views and opinions expressed in Wesle esle esleyan esle an La <strong>Law</strong>y La wy wyer wy er are those<br />
<strong>of</strong> the authors and not necessarily those <strong>of</strong> <strong>Texas</strong> <strong>Wesleyan</strong><br />
University <strong>School</strong> <strong>of</strong> <strong>Law</strong>.<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong> is fully accredited by<br />
the American Bar Association (ABA), 550 West North Street,<br />
Suite 349, Indianapolis, Indiana 46202, 317-264-8340.<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University is accredited by the Commission on<br />
Colleges <strong>of</strong> the Southern Association <strong>of</strong> Colleges and <strong>School</strong>s to<br />
award baccalaureate and master’s level degrees and the juris<br />
doctor degree.<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University does not discriminate on the basis<br />
<strong>of</strong> sex, race, color, creed, handicap, or national or ethnic origin<br />
in any <strong>of</strong> the operations or activities <strong>of</strong> the University.<br />
a message<br />
from the dean<br />
I. Richard<br />
Gershon<br />
Dean<br />
Dear Friends:<br />
This is an exciting time to be a part <strong>of</strong> <strong>Texas</strong><br />
<strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong>!<br />
This inaugural issue <strong>of</strong> <strong>Wesleyan</strong> <strong>Law</strong>yer chronicles<br />
what an amazing time the 1999-2000 academic year<br />
has been. As you know, the law school was granted<br />
full approval by the ABA in August 1999. We owe<br />
sincere gratitude to our former dean, Frank K. Walwer, for his<br />
leadership in helping us achieve this goal.<br />
Now we are ready to move forward. We have added four highly<br />
accomplished new faculty members to what is already the best<br />
faculty with whom I have ever had the pleasure <strong>of</strong> working. Our<br />
alumni are taking leadership roles in government, business and<br />
the legal pr<strong>of</strong>ession. Our students are outstanding. We are<br />
making great strides, and people are starting to take notice.<br />
But this is just the beginning. In 2000-01, we will complete the strategic<br />
plan that will guide the law school for the next 10 years. That plan<br />
will include the development <strong>of</strong> joint programs, such as a J.D./M.B.A.–<br />
program, a J.D./M.P.H. (Master <strong>of</strong> Public Health) program and a Master<br />
<strong>of</strong> <strong>Law</strong>s (LL.M.) program, as well as international partnerships (such<br />
as the Asian Judicial Training Institute).<br />
As I look forward to the future <strong>of</strong> <strong>Texas</strong> <strong>Wesleyan</strong> University<br />
<strong>School</strong> <strong>of</strong> <strong>Law</strong>, I recall a page from my past. I remember growing<br />
up in Atlanta watching Ted Turner’s first television station,<br />
WTCG. It was a rather poorly-funded UHF station, and you<br />
could not even receive it unless you had a special antenna. Turner<br />
always said that WTCG stood for watch this channel grow.<br />
WTCG is now the Superstation. WATCH THIS LAW SCHOOL<br />
GROW!<br />
I. Richard Gershon<br />
Dean
Story by John Veilleux<br />
“<strong>Wesleyan</strong><br />
conducted a<br />
national<br />
search for our<br />
law school<br />
dean. Richard<br />
Gershon was<br />
chosen to<br />
continue to<br />
provide the<br />
splendid<br />
leadership<br />
that has<br />
become his<br />
trademark. I<br />
know he will<br />
do marvelous<br />
work as we<br />
continue to<br />
strengthen<br />
the <strong>Texas</strong><br />
<strong>Wesleyan</strong><br />
<strong>School</strong> <strong>of</strong><br />
<strong>Law</strong>.”<br />
Dr. Jake B.<br />
Schrum<br />
President,<br />
<strong>Texas</strong><br />
<strong>Wesleyan</strong><br />
University<br />
a new dean<br />
for a new era<br />
■ National search concludes with inside appointment;<br />
Richard Gershon says this is a time for change<br />
at <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
With a strong stamp <strong>of</strong> approval by the<br />
dean search committee and the board <strong>of</strong><br />
trustees, <strong>Texas</strong> <strong>Wesleyan</strong> University President Jake<br />
B. Schrum announced that Interim Dean Richard<br />
Gershon would succeed Frank Walwer, who resigned<br />
his post last August as dean <strong>of</strong> the <strong>School</strong> <strong>of</strong><br />
<strong>Law</strong>. The announcement was formally made on<br />
March 22, concluding a seven-month search.<br />
“<strong>Wesleyan</strong> conducted a national<br />
search for our law school dean,”<br />
Schrum said. “Richard was chosen to<br />
continue to provide the splendid<br />
leadership that has become his<br />
trademark. I know he will do<br />
marvelous work as we continue to<br />
strengthen the <strong>Texas</strong> <strong>Wesleyan</strong> <strong>School</strong><br />
<strong>of</strong> <strong>Law</strong>.”<br />
Gershon, who was nominated for<br />
the deanship in November, was<br />
selected from a field <strong>of</strong> three finalists that<br />
included Vice Dean Sandra DeGraw <strong>of</strong> South<br />
<strong>Texas</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong> and Dean Neil Cogan <strong>of</strong><br />
Quinnipiac College <strong>School</strong> <strong>of</strong> <strong>Law</strong> in Hamden,<br />
Conn. Gershon has been with the <strong>School</strong> <strong>of</strong><br />
<strong>Law</strong> since September 1998, serving as vice<br />
dean until his appointment as interim dean<br />
last August. He said he was thrilled when he<br />
was told he would become the law school’s<br />
I. Richard<br />
Gershon<br />
Dean<br />
fourth dean, and added that it was<br />
<strong>Wesleyan</strong>’s people that made the<br />
opportunity so attractive.<br />
“It’s absolutely exciting,” Gershon<br />
said. “The faculty, students and staff<br />
are wonderful. They have been<br />
tremendously supportive through the<br />
entire process, as have the alumni<br />
and the members <strong>of</strong> the University as<br />
a whole.”<br />
Pr<strong>of</strong>essor Malinda Seymore, who<br />
chaired the dean search committee, said she<br />
felt Gershon’s selection was the best fit for the<br />
law school, adding that the great interest the<br />
position received validates that the <strong>School</strong> <strong>of</strong><br />
<strong>Law</strong> has a very positive future.<br />
“Our [search committee] task was to<br />
recommend three finalists to the president,”<br />
she said. “It was a difficult process because we<br />
received many résumés from well-qualified<br />
4 Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wy er • Summer 2000 <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong>
applicants.<br />
Richard<br />
Gershon’s<br />
name clearly<br />
rose to the<br />
top <strong>of</strong> a very<br />
competitive<br />
field, and I<br />
am confident<br />
that the law<br />
school will<br />
flourish<br />
under his<br />
leadership.”<br />
During his<br />
tenure as<br />
interim dean,<br />
Gershon has<br />
placed heavy<br />
emphasis on<br />
community<br />
and alumni<br />
outreach.<br />
Accomplishments under his leadership<br />
include signing an agreement with the<br />
Supreme Court <strong>of</strong> Mongolia to engage in<br />
training <strong>of</strong> Mongolian judges to help<br />
Mongolia realize its goal <strong>of</strong> ensuring an<br />
independent judiciary; sponsoring the Judge<br />
Eldon B. Mahon Lecture Series featuring U.S.<br />
Supreme Court Justice Antonin Scalia;<br />
celebrating full ABA accreditation with an<br />
event at the Bass Performance Hall;<br />
instituting a U.S. Supreme Court<br />
membership program for alumni; and<br />
establishing The Brief Run, an annual 5K run<br />
that benefits West <strong>Texas</strong> Legal Services. The<br />
Brief Run attracted more than 300 runners<br />
and raised $3,000 for WTLS.<br />
As dean <strong>of</strong> the law school, Gershon said, in<br />
addition to continuing community and<br />
alumni outreach, his top priorities will be to<br />
produce a long range plan, establish an<br />
annual fund and implement a J.D./M.B.A.<br />
program and a J.D./M.P.H. (Master <strong>of</strong> Public<br />
Health) program for the law school. Gershon<br />
said it will take the continued efforts <strong>of</strong> the<br />
entire law school’s faculty and staff to make<br />
his vision for the school a reality.<br />
“This is a time <strong>of</strong> change for the law<br />
school, and the faculty and staff deserve the<br />
credit for the successes we have enjoyed,”<br />
Gershon said. “Their efforts are making the<br />
school a truly dynamic place. We are lucky to<br />
have the leadership and insight <strong>of</strong> those who<br />
have been here since the beginning. When<br />
you couple their presence with the<br />
enthusiasm <strong>of</strong> our newer faculty and staff, it<br />
makes for a great balance.”<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
Photo by John Veilleux<br />
One week after Richard Gershon was appointed dean <strong>of</strong><br />
the law school, a tornado struck downtown Fort Worth.<br />
Fortunately the law school was spared, but some 325<br />
attorneys were displaced by the disaster. At a press<br />
conference on March 29, Gershon [at the microphone]<br />
<strong>of</strong>fered the law school’s assistance, ranging from fax<br />
machines and <strong>of</strong>fice space to its law library and meeting<br />
places, to aid any attorney in need. “We were very<br />
fortunate to be spared by the tornado,” he said. “If we<br />
can help out in any way, we are going to do it.”<br />
Before coming to <strong>Wesleyan</strong> in 1998,<br />
Gershon served as pr<strong>of</strong>essor <strong>of</strong> law and<br />
associate dean at Stetson University <strong>School</strong><br />
<strong>of</strong> <strong>Law</strong> in St. Petersburg, Fla. (1984-98), as<br />
assistant pr<strong>of</strong>essor <strong>of</strong> law at Ohio Northern<br />
University College <strong>of</strong> <strong>Law</strong> in Ada, Ohio<br />
(1983-84), and as special assistant general<br />
counsel for the State Bar <strong>of</strong> Georgia. He is<br />
the author <strong>of</strong> three books and numerous<br />
articles, and has served as a speaker for<br />
several conferences and organizations.<br />
Gershon, whose specialty is tax law, earned<br />
an LL.M. in taxation at the University <strong>of</strong><br />
Florida (’93), a J.D. (with honors) from the<br />
University <strong>of</strong> Tennessee (’82), and a B.A. in<br />
political science from the University <strong>of</strong><br />
Georgia (’79). He is a member <strong>of</strong> the State<br />
Bar <strong>of</strong> Georgia, the Florida Bar, the U.S. Tax<br />
Court, the State Bar <strong>of</strong> <strong>Texas</strong> International<br />
Tax Committee, the Tarrant County Bar<br />
Association and the American Bar<br />
Association.<br />
Gershon is married to Donna Levine and<br />
has three children, Michelle, 11, Benjamin, 6,<br />
and Claire, 23 months. ■<br />
“This is a time<br />
<strong>of</strong> change for<br />
the law<br />
school, and<br />
the faculty<br />
and staff<br />
deserve the<br />
credit for the<br />
successes we<br />
have enjoyed.<br />
Their efforts<br />
are making<br />
the school a<br />
truly dynamic<br />
place. We are<br />
lucky to have<br />
the<br />
leadership<br />
and insight <strong>of</strong><br />
those who<br />
have been<br />
here since the<br />
beginning.<br />
When you<br />
couple their<br />
presence with<br />
the<br />
enthusiasm <strong>of</strong><br />
our newer<br />
faculty and<br />
staff, it<br />
makes for a<br />
great<br />
balance.”<br />
I. Richard<br />
Gershon<br />
Dean<br />
Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wyer<br />
er • Summer 2000<br />
5
Story by John Veilleux<br />
“After<br />
finishing<br />
operational<br />
training, I<br />
stayed on<br />
there as a<br />
flight<br />
instructor for<br />
almost a year.<br />
That’s when I<br />
tentatively<br />
decided to<br />
pursue some<br />
kind <strong>of</strong><br />
teaching<br />
career after<br />
the war. Our<br />
instructional<br />
methods<br />
were quite<br />
different from<br />
teaching law,<br />
<strong>of</strong> course, but<br />
there were<br />
also many<br />
fascinating<br />
similarities.”<br />
Wylie H. Davis<br />
Visiting<br />
Pr<strong>of</strong>essor<br />
bar trek:<br />
a 52-year trip<br />
■ For Visiting Pr<strong>of</strong>essor Wylie Davis, the long journey<br />
has truly been its own reward<br />
Wylie H. Davis’ bonding with the law<br />
spans some eight decades, dating<br />
back to 1939 when he enrolled in<br />
Mercer University <strong>School</strong> <strong>of</strong> <strong>Law</strong> in Macon,<br />
Ga., with the goal <strong>of</strong> becoming a trial lawyer.<br />
He had previously decided to abandon his<br />
pre-medical education as “too confining.”<br />
His new goal, however, never quite<br />
materialized. Davis left law school after one<br />
year and signed on with the U.S. Navy as an<br />
<strong>of</strong>ficer candidate, serving on continuous active<br />
duty until November 1945. He ultimately<br />
retired as a legal specialist in the Naval<br />
Reserve with the rank <strong>of</strong> lieutenant<br />
commander. But that came much later.<br />
The Initial Move Toward Teaching<br />
As strange as it may sound, his post-war<br />
teaching career in the law might never have<br />
happened but for one fateful day in January<br />
1943 when his ship, the USS Chicago, was<br />
sunk by Japanese aircraft-launched torpedoes.<br />
“The Japanese sank us about 60 miles south<br />
<strong>of</strong> Guadalcanal in the Solomon Islands,”<br />
Davis said. “They were trying to evacuate<br />
their remaining troops on Guadalcanal, and<br />
we were in the area to interdict the<br />
evacuation. My ship took six torpedoes, four<br />
in a dusk attack and two the next day. That<br />
finished us <strong>of</strong>f.”<br />
His ship lost about 90 men from a crew <strong>of</strong><br />
1,100. Ironically, this grievous loss <strong>of</strong> both<br />
ship and shipmates cleared the way for<br />
approval in the Bureau <strong>of</strong> Naval Personnel for<br />
Davis’ orders to flight training, which his<br />
skipper aboard the USS Chicago had<br />
disapproved, along with about a dozen other<br />
such applications by the ship’s junior <strong>of</strong>ficers,<br />
on the reasonable ground that nobody could<br />
be spared from a recently refitted warship just<br />
returned to service in a combat zone in the<br />
Southwest Pacific.<br />
Although Davis didn’t know it at the time,<br />
his flight training would evolve into a 52-year<br />
commitment to teaching law.<br />
“I started my primary flight training here at<br />
the Naval Air Station in Grand Prairie and<br />
finished up at Pensacola, Fla., in December<br />
1943,” he said. “Then I went to Jacksonville,<br />
Fla., for operational training in multi-engine<br />
patrol aircraft. After finishing operational<br />
training, I stayed on there as a flight<br />
instructor for almost a year. That’s when I<br />
tentatively decided to pursue some kind <strong>of</strong><br />
teaching career after the war. Our<br />
instructional methods were quite different<br />
from teaching law, <strong>of</strong> course, but there were<br />
also many fascinating similarities, especially a<br />
meshing <strong>of</strong> urgently practical skills with<br />
challenging theoretical components.”<br />
A Full and Distinguished Career<br />
With a new sense <strong>of</strong> direction, Davis left<br />
active duty in late 1945 after serving as a<br />
patrol-plane commander in the Aleutians and<br />
returned to Mercer University in March 1946<br />
to complete his J.D. program on a fast-track<br />
that allowed him to graduate in August 1947.<br />
He then enrolled in the LL.M. program at<br />
Harvard <strong>Law</strong> <strong>School</strong>, while passing up a<br />
couple <strong>of</strong> practice-entry opportunities in his<br />
hometown, and received his degree in June<br />
1948.<br />
During the Mercer period, Davis further<br />
whetted his pedagogical appetite by teaching<br />
freshman English courses at the university for<br />
an academic year.<br />
During one quarter, in fact, he taught 15<br />
hours <strong>of</strong> English (three sections) and carried<br />
27 hours <strong>of</strong> law.<br />
“It was tough,” he said. “But like thousands<br />
<strong>of</strong> other World War II veterans, I was playing<br />
an intensive game <strong>of</strong> catch up.”<br />
Davis began teaching law at the University<br />
<strong>of</strong> Arkansas on Aug. 20, 1948, where he<br />
would spend the next seven years as an<br />
assistant, associate and then full pr<strong>of</strong>essor<br />
teaching contracts, constitutional law,<br />
6 Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wy er • Summer 2000 <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong>
negotiable instruments, family law,<br />
administrative law, legislation, criminal law<br />
and procedure, torts, federal jurisdiction and<br />
insurance law.<br />
He also began a long and prolific pattern <strong>of</strong><br />
research and publication in legal periodicals,<br />
including the Harvard <strong>Law</strong> Review, Illinois<br />
<strong>Law</strong> Review, University <strong>of</strong> Illinois <strong>Law</strong> Forum,<br />
Washington University <strong>Law</strong> Quarterly, Journal<br />
<strong>of</strong> Public <strong>Law</strong>, Journal <strong>of</strong> Legal Education,<br />
Southern <strong>School</strong> News, Arkansas <strong>Law</strong> Review,<br />
Arkansas <strong>Law</strong> Notes, Georgia <strong>Law</strong> Review and<br />
Insurance <strong>Law</strong> Journal.<br />
Reflecting on the changes in teaching law<br />
over the past 50 years, Davis said that, for<br />
rather obvious reasons, the law and lawschool<br />
curricula are much more complex and<br />
difficult today.<br />
“Our population is much larger, and our<br />
activities, both social and commercial, are far<br />
more diverse and sophisticated, not to<br />
mention the growth and complexities <strong>of</strong><br />
government at every level,” Davis said. “The<br />
law, both substantive and procedural, reflects<br />
those changes. Insurance law,<br />
for example, used to be a<br />
tidy, relatively easy field<br />
<strong>of</strong> law study. Not any<br />
more. It has become a<br />
gorilla, and so have the<br />
commercial law subjects,<br />
among others.”<br />
In 1955, Davis went to<br />
the University <strong>of</strong> <strong>Texas</strong> in<br />
Austin as a visiting<br />
pr<strong>of</strong>essor and<br />
remained there<br />
as a full<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
pr<strong>of</strong>essor and regular faculty member. In<br />
spring 1955, he taught a student named Frank<br />
Elliott, who 35 years later would become the<br />
first dean at <strong>Texas</strong> <strong>Wesleyan</strong> University’s new<br />
law school.<br />
“I had him [Davis] for a short period <strong>of</strong> time<br />
because my contracts teacher got the mumps,”<br />
Elliott said. “I guess you could say he was my<br />
mump substitute. He had a great sense <strong>of</strong><br />
humor and was able to capture the class<br />
completely because <strong>of</strong> it.<br />
“When I found out he was interested in<br />
keeping up his visiting pr<strong>of</strong>essorships after he<br />
retired, I was anxious to get him here [<strong>Texas</strong><br />
<strong>Wesleyan</strong>]. I <strong>of</strong>fered him a visiting<br />
pr<strong>of</strong>essorship in 1993, and I was overwhelmed<br />
when he accepted. The best thing I ever did<br />
for the law school was to get Wylie here.”<br />
Meanwhile, in his own section <strong>of</strong> contracts<br />
at UT, Davis was teaching another future<br />
<strong>Texas</strong> <strong>Wesleyan</strong> luminary named Denny<br />
Ingram. Davis still claims a “modest share” <strong>of</strong><br />
the credit for Ingram’s stellar success in both<br />
teaching and the practice <strong>of</strong> law.<br />
After a two-year stint at UT, Davis spent 11<br />
years at the University <strong>of</strong> Illinois (1956-67)<br />
followed by three years at the University <strong>of</strong><br />
Georgia (1967-70). He then returned to his<br />
first teaching post, the University <strong>of</strong><br />
Arkansas, in 1970.<br />
Two years later, he was appointed<br />
Distinguished Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong>, and in<br />
early 1973 he became dean <strong>of</strong> the law<br />
school. He returned to full-time teaching in<br />
After Davis’ sixth retirement in<br />
July, he will return to what he calls<br />
his “home base” in Fayetteville,<br />
Ark., where he hopes to teach part<br />
time at the University <strong>of</strong> Arkansas.<br />
During his decanal tenure at<br />
Arkansas, Davis gave President Bill<br />
Clinton his first job as an<br />
assistant pr<strong>of</strong>essor after<br />
Clinton graduated from<br />
Yale <strong>Law</strong> <strong>School</strong>. He<br />
also hired Hillary<br />
Rodham as an<br />
assistant<br />
pr<strong>of</strong>essor a<br />
year later.<br />
Photo by John Veilleux<br />
“I had him<br />
[Davis] for a<br />
short period<br />
<strong>of</strong> time<br />
because my<br />
contracts<br />
teacher got<br />
the mumps.<br />
I guess you<br />
could say he<br />
was my mump<br />
substitute.<br />
He had a<br />
great sense <strong>of</strong><br />
humor and<br />
was able to<br />
capture the<br />
class completely<br />
because <strong>of</strong> it.<br />
When I found<br />
out he was<br />
interested in<br />
keeping up<br />
his visiting<br />
pr<strong>of</strong>essorships<br />
after he<br />
retired, I was<br />
anxious to<br />
get him<br />
here.”<br />
Frank Elliott<br />
Pr<strong>of</strong>essor<br />
Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wyer<br />
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7
Photo by John Veilleux<br />
Upon entering<br />
Wylie Davis’<br />
<strong>of</strong>fice at <strong>Texas</strong><br />
<strong>Wesleyan</strong>, the<br />
first thing many<br />
people notice is<br />
the absence <strong>of</strong> a<br />
computer. In its<br />
place sits an<br />
IBM electric<br />
typewriter that<br />
Davis has been<br />
using for more<br />
than 30 years.<br />
“I’ve just never<br />
had occasion for<br />
anything more<br />
sophisticated,”<br />
Davis said. “I do<br />
my research with<br />
books, and that<br />
allows me to<br />
stay fairly<br />
current. Besides,<br />
I can do<br />
technical things<br />
on my IBM that<br />
many people<br />
don’t seem to be<br />
able to do on a<br />
computer.”<br />
August 1978. Except for a visiting year at<br />
the University <strong>of</strong> Missouri and summerteaching<br />
visits at South Carolina, Alabama<br />
and <strong>Texas</strong> Tech, he remained at Arkansas<br />
until his “retirement” in 1988 at age 69.<br />
“At that time, the university had a policy<br />
<strong>of</strong> compulsory retirement at age 70, but I<br />
left a year early in order to take advantage <strong>of</strong><br />
an extended-visit opportunity at McGeorge<br />
<strong>School</strong> <strong>of</strong> <strong>Law</strong> (the University <strong>of</strong> the Pacific)<br />
at Sacramento, Calif.” Davis said. “The<br />
University <strong>of</strong> Arkansas folks thought I<br />
should be ready to hang it up, but I strongly<br />
disagreed.”<br />
The Golden Years<br />
Davis’ five-year visit at McGeorge was a<br />
gung-ho teaching experience, including<br />
contracts, insurance, secured transactions,<br />
sales and admiralty. Finally, however, as he<br />
puts it, “I wore out my welcome.”<br />
At that point in 1993, Davis, through an<br />
old UT colleague, passed the word to Elliott,<br />
now dean at <strong>Texas</strong> <strong>Wesleyan</strong>, that he would<br />
be interested in a teaching visit at the<br />
school. Elliott made that visit a reality, and<br />
the rest, as they say, is history.<br />
Davis continued to teach his favorite<br />
courses until his sixth retirement at age 81<br />
in July 2000.<br />
“My seven years at <strong>Texas</strong> <strong>Wesleyan</strong> were<br />
stimulating and a unique experience for<br />
me,” Davis said. “They not only enabled me<br />
to prolong my classroom addiction, but they<br />
also gave me a fascinating chance not open<br />
to most law pr<strong>of</strong>essors around the country –<br />
to observe and participate in the early<br />
development and maturation <strong>of</strong> a new<br />
law school.<br />
“Perhaps it was somewhat akin to an<br />
astronomer’s thrill in observing the birth <strong>of</strong><br />
a star. My observation, was one <strong>of</strong><br />
movement in real time, not merely a<br />
snapshot <strong>of</strong> an event that occurred a couple<br />
billion years ago. Please take my word for it:<br />
The <strong>Texas</strong> <strong>Wesleyan</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong> is lightyears<br />
ahead <strong>of</strong> where it was just three or<br />
four years ago.<br />
“Many people, not least the law students,<br />
participated in this remarkable achievement.<br />
I have absolutely no doubt that the school’s<br />
progress will continue apace, and it was a<br />
rare privilege for me to have been involved<br />
in its infancy, if not quite its birth. Now I’m<br />
ready to return home, learn how to turn on<br />
a computer and try to discover what in the<br />
world my faculty associates, here and<br />
elsewhere for the past 20 years, have been<br />
doing, and why they’ve been doing it, while<br />
staring at that machine all day, every day. I<br />
expect some astounding revelations.” ■<br />
8 Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wy er • Summer 2000 <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong>
around campus<br />
■ Notes <strong>of</strong> interest about campus events<br />
U.S. Supreme Court Justice Kicks Off<br />
Judge Eldon B. Mahon Lecture Series<br />
Associate Justice <strong>of</strong> the U.S. Supreme Court<br />
Antonin Scalia served as the inaugural speaker<br />
<strong>of</strong> the Judge Eldon B. Mahon Lecture Series at<br />
the Bass Performance Hall on May 10. The event<br />
was sponsored by the Tarrant County Bar<br />
Foundation and <strong>Texas</strong> <strong>Wesleyan</strong> University<br />
<strong>School</strong> <strong>of</strong> <strong>Law</strong>.<br />
“The lecture series will continue for years to<br />
come as a lasting memorial to Judge Mahon’s<br />
service on the federal bench,” attorney Dee J.<br />
Kelly, chair <strong>of</strong> the lecture series, said.<br />
Scalia lectured on the U.S. Constitution, a<br />
document, though relatively young in<br />
comparison to others, he regards as one <strong>of</strong> the<br />
most revered in history.<br />
“We Americans may indeed be the ‘new kids<br />
on the block’ in many areas,” Scalia told a<br />
crowded audience at the Bass Performance Hall.<br />
“[But] in the field <strong>of</strong> government, we are the<br />
most venerable nation in the world, and our<br />
Constitution is the most venerable and<br />
successful system <strong>of</strong> government in the world.”<br />
Scalia also spoke about the process <strong>of</strong> the<br />
convention that framed the Constitution some<br />
225 years ago.<br />
“These extraordinary individuals, quite<br />
literally a large part <strong>of</strong> the cream <strong>of</strong> society at<br />
the time, did not meet a couple <strong>of</strong> times to vote<br />
on reports prepared by their staff, which, <strong>of</strong><br />
course, would be the way it is done today,” he<br />
said. “They met personally five or six days a<br />
week, five or six hours a day, from mid-May to<br />
mid-September – almost an entire baseball<br />
season. And after the plenary sessions, they<br />
<strong>of</strong>ten filled their evenings with committee work<br />
or informal discussion. Imagine getting<br />
individuals <strong>of</strong> equivalent prominence in our<br />
society today to devote that kind <strong>of</strong> time to that<br />
kind <strong>of</strong> project.”<br />
The Judge Eldon B. Mahon Lecture Series was<br />
established to honor the years <strong>of</strong> service Judge<br />
Eldon B. Mahon, district judge for the Northern<br />
District <strong>of</strong> <strong>Texas</strong>, has given to the legal<br />
pr<strong>of</strong>ession, a period <strong>of</strong> service dating back to the<br />
1940s.<br />
The Mahon Lecture Series Endowment has<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
been established by the Tarrant County Bar<br />
Foundation and will be used to fund the lecture<br />
series for the benefit <strong>of</strong> <strong>Texas</strong> <strong>Wesleyan</strong><br />
University <strong>School</strong> <strong>of</strong> <strong>Law</strong> in honor <strong>of</strong> Mahon.<br />
The lecture series will focus on ethics and<br />
pr<strong>of</strong>essionalism.<br />
“<strong>Texas</strong> <strong>Wesleyan</strong> is thankful to the Tarrant<br />
County Bar Foundation and proud to be<br />
associated with and a co-sponsor <strong>of</strong> the Judge<br />
Eldon B. Mahon Lecture Series,” Dean Richard<br />
Gershon said. “Judge Mahon’s model <strong>of</strong> ethics<br />
and pr<strong>of</strong>essionalism, as well as his exemplary<br />
service to <strong>Texas</strong> and the federal bench, is the<br />
standard to which all in the legal pr<strong>of</strong>ession<br />
should aspire.”<br />
Scalia was nominated by President Ronald<br />
Reagan as associate justice <strong>of</strong> the U.S. Supreme<br />
Court, taking the oath <strong>of</strong> <strong>of</strong>fice on Sept. 26,<br />
1986. He also has served on the U.S. Court <strong>of</strong><br />
Appeals for the District <strong>of</strong> Columbia.<br />
Before holding judicial <strong>of</strong>fices, Scalia taught<br />
law at the University <strong>of</strong> Virginia (1967-74),<br />
Georgetown University (1977), the University<br />
<strong>of</strong> Chicago (1977-82) and Stanford University<br />
(1980-81). Prior to teaching, Scalia worked in<br />
private practice and in government service.<br />
Alumni Set Benchmark for Bar Exam<br />
Thirty-six alumni (77%) passed the February<br />
<strong>Texas</strong> State Bar exam on their first attempt,<br />
setting a new benchmark for the <strong>School</strong> <strong>of</strong> <strong>Law</strong>,<br />
which earned full accreditation from the<br />
American Bar Association last August.<br />
“I am extremely proud <strong>of</strong> our graduates,” Dean<br />
Richard Gershon said. “This effort validates not<br />
only the fact that our pr<strong>of</strong>essors are doing a great<br />
job in the classroom, but that the quality <strong>of</strong> our<br />
students, many <strong>of</strong> whom work full time and<br />
attend night school while earning their juris<br />
doctorate, is getting stronger, too.”<br />
Several recent graduates traveled to Austin on<br />
May 22 to be <strong>of</strong>ficially sworn in at an induction<br />
ceremony at the Bass Concert Hall at the<br />
University <strong>of</strong> <strong>Texas</strong>. Chief Justice Thomas R.<br />
Phillips <strong>of</strong> the Supreme Court <strong>of</strong> <strong>Texas</strong><br />
administered the oath to the new inductees.<br />
The <strong>School</strong> <strong>of</strong> <strong>Law</strong> hosted a reception honoring<br />
the school’s newly sworn members <strong>of</strong> the <strong>Texas</strong><br />
Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wyer<br />
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9
State Bar after the ceremony at the <strong>Texas</strong> State<br />
Capitol.<br />
“This is just a small way for our school to<br />
honor these graduates for working so hard,”<br />
Gershon said. “And I look forward to honoring<br />
our graduates each year in this way as our law<br />
school continues to improve and our scores<br />
continue to rise.”<br />
<strong>Law</strong> <strong>School</strong> Conducts Swearing-in Ceremony<br />
for U.S. Supreme Court Bar Candidates<br />
On Jan. 28, <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong><br />
<strong>of</strong> <strong>Law</strong> held a swearing-in ceremony for alumni<br />
from the classes <strong>of</strong> 1993 and 1994 seeking<br />
admission to the U.S. Supreme Court Bar.<br />
Justice Anne Gardner <strong>of</strong> the 2 nd Court <strong>of</strong> Appeals<br />
administered the oath to the candidates in the<br />
courtroom <strong>of</strong> the law school.<br />
Membership in the U.S. Supreme Court Bar<br />
is required <strong>of</strong> any attorney who seeks to argue<br />
in front <strong>of</strong> the U.S. Supreme Court.<br />
“It is a great honor to be a member <strong>of</strong> the U.S.<br />
Supreme Court Bar,” Dean Richard Gershon<br />
said. “The U.S. Supreme Court is the highest<br />
court in our country.”<br />
In order to be admitted to the bar, candidates<br />
must be certified as being in good standing with<br />
the supreme court <strong>of</strong> the state in which they<br />
are licensed to practice. They also must have<br />
two current members <strong>of</strong> the supreme court<br />
vouch for them and another member <strong>of</strong> the<br />
supreme court move for their admission.<br />
This year, 82 candidates from <strong>Texas</strong> <strong>Wesleyan</strong><br />
(see photo and a list <strong>of</strong> candidates on page 27)<br />
were eligible for membership to the bar. On Jan.<br />
10, four candidates traveled to Washington,<br />
D.C., and were sworn in by Chief Justice<br />
William Rehnquist on the court’s first docket <strong>of</strong><br />
the year. The remaining 78 candidates received<br />
their membership to the bar <strong>of</strong> the court by<br />
written motion.<br />
Special Day at <strong>Texas</strong> <strong>Wesleyan</strong> University<br />
<strong>School</strong> <strong>of</strong> <strong>Law</strong> Encourages<br />
Minority Students<br />
to Pursue a Legal Education<br />
The <strong>School</strong> <strong>of</strong> <strong>Law</strong> marked National Minority<br />
<strong>Law</strong> Student Recruitment Month with Minority<br />
Recruitment Day on Feb. 19. The day was geared<br />
toward making minorities aware <strong>of</strong> pr<strong>of</strong>essional<br />
opportunities available in the legal field. About<br />
50 local junior high and high school students<br />
attended the event.<br />
“Through Minority Recruitment Day, we want<br />
to encourage minority high school students to<br />
think about pursuing a legal education and make<br />
them aware that they can make a difference in<br />
their communities through the practice <strong>of</strong> law,”<br />
Assistant Dean and Director <strong>of</strong> Admissions<br />
Adam Barrett said.<br />
The day consisted <strong>of</strong> law school tours, a mock<br />
class, a question and answer panel by students,<br />
a career services presentation, guest speakers<br />
from the Hispanic <strong>Law</strong> Students Association,<br />
the Black <strong>Law</strong> Students Association and Asian/<br />
Pacific Islander <strong>Law</strong> Students Association, and<br />
lunch. Minority Recruitment Day at <strong>Texas</strong><br />
<strong>Wesleyan</strong> is funded by a grant from the <strong>Law</strong><br />
<strong>School</strong> Admission Council.<br />
<strong>Law</strong> <strong>School</strong> Hosts Panel Discussion<br />
on Hopwood v. <strong>Texas</strong><br />
On March 30, the law school hosted a panel<br />
discussion titled “Hopwood v. <strong>Texas</strong> and the<br />
Private <strong>Law</strong> <strong>School</strong>: To What Extent Does the<br />
5 th Circuit’s Decision Apply?”<br />
Affirmative action is at present the most<br />
controversial constitutional law topic and<br />
continues to be so in the wake <strong>of</strong> Hopwood v.<br />
<strong>Texas</strong>, a case in which applicants to the<br />
University <strong>of</strong> <strong>Texas</strong> law school sued the school<br />
over its policy <strong>of</strong> affirmative action and won.<br />
But the Hopwood decision has resulted in more<br />
questions than answers. It has been vigorously<br />
debated whether the decision applies to private<br />
schools as well as public schools and to what<br />
extent the decision applies to programs other<br />
than admissions at those schools.<br />
Efforts to remedy past discrimination toward<br />
racial minorities have been undertaken for<br />
nearly 30 years in this country. The U.S.<br />
Supreme Court has addressed affirmative action<br />
in landmark cases with such well-recognized<br />
names as Regents <strong>of</strong> University <strong>of</strong> California v.<br />
Bakke and Adarand Constructors v. Pena.<br />
Brophy Gives Lecture<br />
on the Tulsa Race Riot <strong>of</strong> 1921<br />
The law school hosted a lecture on the Tulsa<br />
Race Riot <strong>of</strong> 1921 on March 24. Pr<strong>of</strong>essor Alfred<br />
Brophy <strong>of</strong> Oklahoma City University <strong>School</strong> <strong>of</strong><br />
<strong>Law</strong> was the featured lecturer.<br />
The Tulsa Race Riot <strong>of</strong> 1921, said to be the<br />
most violent race riot in this country’s history,<br />
resulted in the torture and murder <strong>of</strong> an<br />
estimated 300 African-American citizens in<br />
what was and is now a thriving African-<br />
American community.<br />
This slaughter was precipitated by what is<br />
thought to be a false accusation by a white<br />
woman <strong>of</strong> indecent behavior toward her by an<br />
African-American male citizen <strong>of</strong> Tulsa. In<br />
response, a white mob obliterated Tulsa’s<br />
African-American Greenwood community,<br />
10 Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wy er • Summer 2000 <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong>
educing it to smoldering rubble in a single day.<br />
The incident, little discussed for nearly 80 years,<br />
has recently received extensive press in the wake<br />
<strong>of</strong> the Oklahoma legislature’s decision to<br />
consider making reparations to the victims <strong>of</strong><br />
this tragedy.<br />
Brophy, a consultant to the commission<br />
formed to address this issue, discussed the riot<br />
and the work <strong>of</strong> the commission.<br />
2 nd Court <strong>of</strong> Appeals<br />
Hears Oral Arguments by <strong>Law</strong> Students<br />
On April 3, the legal writing department <strong>of</strong><br />
the law school was honored with a visit by three<br />
justices <strong>of</strong> the 2 nd Court <strong>of</strong> Appeals, which sits<br />
in Fort Worth.<br />
Justices Terrie Livingston, Lee Ann Dauphinot<br />
and Anne Gardner heard a demonstration oral<br />
argument presented by Noreen Grant and<br />
Michael Hooper, members <strong>of</strong> one <strong>of</strong> the Moot<br />
Court Honors Society traveling teams.<br />
The justices asked the students tough<br />
questions and conducted a mock conference,<br />
which gave first-year students an insider’s view<br />
<strong>of</strong> how decisions are made at the 2 nd Court <strong>of</strong><br />
Appeals.<br />
Library and Technology Staffs Restructured<br />
The law school has restructured its library and<br />
technology staffs.<br />
Pr<strong>of</strong>essor Jim Hambleton has been named<br />
senior director <strong>of</strong> information and educational<br />
technology. Hambleton will focus on developing<br />
short- and long-range plans for law school<br />
technology. Glenn R. Goodspeed has been<br />
promoted to director <strong>of</strong> information and<br />
technology services (ITS) at the law school.<br />
Goodspeed will oversee the daily operation <strong>of</strong><br />
the law school’s ITS department.<br />
Susan T. Phillips has been elected to the law<br />
school faculty and has been promoted to director<br />
<strong>of</strong> the law library.<br />
Kimberling Elected to Goodwill Board<br />
Cheryl Gray Kimberling, Ph.D., has been elected<br />
to a three-year term on the Goodwill Industries<br />
board <strong>of</strong> directors. The mission <strong>of</strong> Goodwill Fort<br />
Worth is to empower people with disabilities, disadvantages<br />
and other barriers to employment so<br />
that they may achieve maximum independence.<br />
The board is actively involved in directing<br />
Goodwill’s future, defining its long-term plans and<br />
priorities, ensuring the proper utilization <strong>of</strong> available<br />
resources and participating in the planning,<br />
policy determination and guidance <strong>of</strong> the<br />
organization’s management. ■<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
New student<br />
applications<br />
reach all-time high<br />
Since obtaining full approval<br />
from the American Bar<br />
Association last August, the law<br />
school has experienced a sharp<br />
increase in the number <strong>of</strong><br />
applicants.<br />
In fact, the law school has received more<br />
than 1,200 applications for the fall 2000<br />
entering class. The admissions staff and<br />
committee have been working very hard to<br />
bring in a bright, energetic and diverse<br />
group <strong>of</strong> students for the fall 2000 class.<br />
This fall, the law school is expecting<br />
approximately 240 students to matriculate<br />
to <strong>Wesleyan</strong>.<br />
My staff and I attended more than 40<br />
recruitment events during the fall<br />
recruitment campaign last year. This year,<br />
the admissions team plans to attend more<br />
recruitment events than ever before.<br />
To realize this goal, the admissions <strong>of</strong>fice<br />
has hired two recent graduates to assist<br />
with the recruitment effort. Kathy Estrada<br />
J.D. '00 and Alex DeMeo J.D. '00 have been<br />
appointed admissions recruiters for the fall<br />
2000 recruitment season. Estrada and<br />
DeMeo will travel extensively throughout<br />
<strong>Texas</strong> and other states promoting the law<br />
school and its outstanding programs.<br />
The admissions <strong>of</strong>fice also is proud to<br />
announce the inaugural Summer<br />
Enrichment Program at <strong>Texas</strong> <strong>Wesleyan</strong><br />
University <strong>School</strong> <strong>of</strong> <strong>Law</strong>. This program is<br />
designed to introduce incoming first-year<br />
law students to the study <strong>of</strong> law.<br />
The program, which began in June, will<br />
provide skills training that will be helpful<br />
to new students when they enter law<br />
school. Pr<strong>of</strong>essors Earl Martin and Vickie<br />
Rainwater are teaching the 6-week<br />
program.<br />
The admissions <strong>of</strong>fice looks forward to<br />
working with and visiting our alumni as<br />
we travel this fall. Please let us know if you<br />
would like to join our effort. We welcome<br />
your involvement to introduce prospective<br />
students to the <strong>Texas</strong> <strong>Wesleyan</strong> experience.<br />
Adam Barrett, Esq.<br />
Assistant Dean and Director <strong>of</strong> Admissions<br />
Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wyer<br />
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11
in academia<br />
■ Notes about <strong>Texas</strong> <strong>Wesleyan</strong> law faculty and administrators<br />
Stephen Alton<br />
Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong><br />
Activities<br />
Awarded a Fulbright Fellowship for<br />
the 2000-01 academic year. During<br />
the 2001 spring semester, Alton will teach<br />
American Constitutional <strong>Law</strong> at China<br />
University for Political Science and <strong>Law</strong> in<br />
Beijing. ■ Conducting a survey for the Tarrant<br />
County Bar Association regarding the<br />
effectiveness <strong>of</strong> its mentoring program.<br />
Susan Ayres<br />
Visiting Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong><br />
Publications<br />
Published “Pink Ghetto,” 11 Yale J.L.<br />
& Feminism 1 (1999). ■ Published<br />
“Outlaw Against the Thinking Fathers” in How<br />
Shall We Tell Each Other <strong>of</strong> the Poet?: The Life<br />
and Writing <strong>of</strong> Muriel Rukeyeser, 149 (Anne<br />
Herzog and Janet Kaufman eds., 1999). ■ Article<br />
“Coming Out: Decision-Making in State and<br />
Federal Sodomy Cases” was reprinted in Privacy<br />
Rights and the Body, 219 (Madeleine Mercedes<br />
Plasencia ed., 1999).<br />
Howard Denemark<br />
Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong><br />
Publications<br />
Authored an essay titled “How to<br />
Alert New <strong>Law</strong> Students to the<br />
Ambiguity <strong>of</strong> Language and the Need for Policy<br />
Analysis Using Fifteen Minutes and the<br />
Directions on a Bottle <strong>of</strong> Salad Dressing.” Legal<br />
Studies Forum extended an <strong>of</strong>fer to publish the<br />
essay in April.<br />
Activities<br />
Editing a 40-page manuscript proposing a change<br />
in the current law regarding punitive damages<br />
in cases with multiple plaintiffs. Expects to<br />
complete the article and submit it for publication<br />
before the beginning <strong>of</strong> the 2000-01 academic<br />
year. ■ Made two presentations for the students<br />
at Akiba Academy, a private school in Dallas. ■<br />
Invited students serving on the judicial board <strong>of</strong><br />
Southwest Christian <strong>School</strong> to the law school for<br />
a presentation and discussion <strong>of</strong> fairness and law.<br />
■ Currently arranging a date with Yavne<br />
Academy <strong>of</strong> Dallas, a private school, to teach a<br />
class comparing American marriage law with<br />
marriage law in the Babylonian, Talmud. ■<br />
Served as chair <strong>of</strong> the post-J.D. and<br />
interdisciplinary studies committee. Tasks<br />
included exploring joint degree programs with<br />
two other institutions and developing a special<br />
admissions arrangement with the University <strong>of</strong><br />
<strong>Texas</strong> at Arlington. ■ Served on committee to<br />
redraft the <strong>School</strong> <strong>of</strong> <strong>Law</strong>’s mission statement.<br />
■ Served as judge for a moot court team preparing<br />
for competition. ■ Continues to serve as adviser<br />
to the <strong>Texas</strong> <strong>Wesleyan</strong> <strong>Law</strong> Review.<br />
Tony Dill<strong>of</strong><br />
Associate Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong><br />
Publications<br />
“Putting Hate in Its Place: The<br />
Codification <strong>of</strong> Bias Crime <strong>Law</strong>s in<br />
a Model Penal Code” to be published by the<br />
Buffalo Criminal <strong>Law</strong> Review. ■ Book review,<br />
“The Importance <strong>of</strong> Being Biased,” to appear in<br />
the Michigan <strong>Law</strong> Review.<br />
Frank Elliott<br />
Dean Emeritus and Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong><br />
Activities<br />
Served as panel leader at the annual<br />
CLE for the ADR section <strong>of</strong> the State<br />
Bar <strong>of</strong> <strong>Texas</strong>. ■ Revising Volumes 9 and 10, Civil<br />
Trial and Appellate Practice, <strong>of</strong> West’s <strong>Texas</strong><br />
Forms. ■ Editing ADR Handbook for ADR<br />
Section, State Bar <strong>of</strong> <strong>Texas</strong>.<br />
Cynthia L. Fountaine<br />
Associate Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong><br />
Publications<br />
Published “Article III and the<br />
Adequate and Independent State<br />
Grounds Doctrine” in the American University<br />
<strong>Law</strong> Review.<br />
Paul George<br />
Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong><br />
Publications<br />
Published “Parallel Litigation” in<br />
Volume 51 <strong>of</strong> the Baylor <strong>Law</strong> Review<br />
in March. ■ Publishes a monthly column in the<br />
Dallas Business Journal, which addresses legal<br />
issues <strong>of</strong> interest to business owners and<br />
managers.<br />
12 Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wy er • Summer 2000 <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong>
Activities<br />
On March 26-29, George, along with Pr<strong>of</strong>essor<br />
Richard Storrow and Visiting Pr<strong>of</strong>essor Fernando<br />
Colon-Navarro, visited the Universidad del Valle<br />
de Toluca in Mexico to begin talks about a joint<br />
training program in international trade. The<br />
program is scheduled to begin in the summer <strong>of</strong><br />
2001, and will be held both in Toluca and Fort<br />
Worth. ■ Serves as a director <strong>of</strong> the American<br />
Society <strong>of</strong> Comparative <strong>Law</strong>, which focuses on both<br />
civil law systems and conflict <strong>of</strong> laws. ■ Serves as<br />
director <strong>of</strong> the Southwestern Legal Foundation,<br />
which specializes in CLE training in international<br />
litigation and trade law. ■ Serves <strong>of</strong> counsel to the<br />
Fort Worth firm Kirkley Schmidt & Cotten, L.L.P.<br />
■ As founder <strong>of</strong> the Tarrant County Bar’s Speakers,<br />
an organization established two years ago, George<br />
provides attorneys as speakers to schools and other<br />
community groups. ■ Emceed a presentation on<br />
“Ethical Endings” for the year-end banquet at the<br />
Eldon Mahon Inn <strong>of</strong> Court on May 8.<br />
I. Richard Gershon<br />
Dean and Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong><br />
Publications<br />
Published A Student’s Guide to the<br />
Internal Revenue Code, Fourth<br />
Edition (Matthew Bender). ■ Currently rewriting<br />
chapter one “Income Taxation” and chapter five<br />
“Taxation <strong>of</strong> Family Transactions” for Matthew<br />
Bender’s Rabkin and Johnson Tax Series.<br />
Activities<br />
Spoke on family limited partnerships for the<br />
Internal Revenue Service and international<br />
taxation and international estate planning for the<br />
Tarrant County Bar Tax Section.<br />
Jim Hambleton<br />
Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong> and Senior Director<br />
<strong>of</strong> Information & Educational<br />
Technology<br />
Publications<br />
Co-authored “Unplanned Career<br />
Paths: The Role <strong>of</strong> Serendipity” with Lois Calvert<br />
<strong>of</strong> the Colorado Supreme Court. The article was<br />
published in Trends in <strong>Law</strong> Library Management<br />
and Technology, Vol. 10, nos. 4 & 5 (October &<br />
December 1999).<br />
Activities<br />
Presented “Research on the Internet,”<br />
highlighting the authenticity, accuracy and<br />
citation <strong>of</strong> online legal information, to the Fort<br />
Worth Paralegal Association on Feb. 29 at the<br />
Riverbend campus <strong>of</strong> the University <strong>of</strong> <strong>Texas</strong> at<br />
Arlington. ■ Participated as a member <strong>of</strong> the<br />
discussion panel “Library Planning Assumptions:<br />
Has Nothing or Everything Changed?” at the<br />
ABA Facilities Conference: Bricks, Bytes and<br />
Continuous Renovation held in Washington,<br />
D.C., March 9-11.<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
Gilbert Holmes<br />
Associate Dean for Academic Affairs<br />
& Budgeting and Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong><br />
Activities<br />
Served as chair <strong>of</strong> the planning<br />
committee for the Southwest/Southeast People<br />
<strong>of</strong> Color Legal Scholarship Conference, which<br />
took place March 30 - April 1 at South <strong>Texas</strong><br />
College <strong>of</strong> <strong>Law</strong> in Houston. At the conference,<br />
Holmes co-facilitated a group discussion on the<br />
theme <strong>of</strong> the conference, “Revisiting the Past to<br />
Reconstruct the Future,” with Pr<strong>of</strong>essor<br />
Antoinette Sedillo Lopez from the University <strong>of</strong><br />
New Mexico <strong>School</strong> <strong>of</strong> <strong>Law</strong>. Holmes was one <strong>of</strong><br />
the speakers at a workshop directed at minority<br />
attorneys titled “<strong>Law</strong> Teaching as a Career<br />
Option.” ■ Official reviser <strong>of</strong> the <strong>Texas</strong> <strong>Law</strong><br />
Digest published by Martindale-Hubbell. ■<br />
Served on the planning committee for Faces <strong>of</strong><br />
Domestic Violence: Y2Kare, a conference<br />
sponsored by the Women’s Haven <strong>of</strong> Tarrant<br />
County in April. ■ Served on the <strong>Texas</strong> <strong>Wesleyan</strong><br />
University presidential search committee and the<br />
University strategic issues committee. ■ Serves<br />
as faculty representative for the University in its<br />
NCAA activities. ■ Named one <strong>of</strong> two 1L<br />
outstanding day pr<strong>of</strong>essors <strong>of</strong> 1999-2000 at <strong>Texas</strong><br />
<strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong>.<br />
Charlotte Hughart<br />
Clinical Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong><br />
Activities<br />
Named 1999 Public Citizen <strong>of</strong> the<br />
Year for the state <strong>of</strong> <strong>Texas</strong> and Tarrant<br />
County by the National Association <strong>of</strong> Social<br />
Workers (NASW) <strong>of</strong> <strong>Texas</strong>. Spoke at the NASW<br />
annual state conference in Houston in November<br />
1999. ■ Honored as a 1999 top volunteer<br />
attorney for West <strong>Texas</strong> Legal Services at the<br />
annual Pro Bono Awards Luncheon in December<br />
1999. ■ Named a Fort Worth Star-Telegram<br />
Hometown Hero in July 1999.<br />
Jeffrey A. Maine<br />
Associate Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong><br />
Publications<br />
Published “The Importance <strong>of</strong> Ethics<br />
and Morality in Today’s Legal World”<br />
in the Stetson <strong>Law</strong> Review.<br />
Activities<br />
Spoke on “Recent Developments in International<br />
Tax” to the international tax committee <strong>of</strong> the<br />
State Bar <strong>of</strong> <strong>Texas</strong> on Aug. 25, 1999. Also lectured<br />
on “Taxation <strong>of</strong> Real Estate Transactions” to a<br />
group <strong>of</strong> commercial realtors on May 25. ■ An<br />
article co-authored by Maine titled<br />
“Fundamentals <strong>of</strong> Estate Tax Planning,” 32 Idaho<br />
<strong>Law</strong> Review 197 (1996), was quoted on pp. 557-<br />
58 <strong>of</strong> Elder <strong>Law</strong>, Readings, Cases and Materials<br />
by Gallanis, Dayton and Wood (published by<br />
Anderson Publishing Company in 1999). ■<br />
Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wyer<br />
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13
Received the 1999-2000 Upper Class Pr<strong>of</strong>essor<br />
<strong>of</strong> the Year Award at the Barristers’ Ball on April<br />
8. ■ Selected by both the May 1999 and<br />
December 1999 graduating classes to speak at<br />
their hooding ceremonies.<br />
Earl Martin<br />
Associate Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong><br />
Publications<br />
Published “Tessie Hutchinson and<br />
the American System <strong>of</strong> Capital<br />
Punishment” in the Maryland <strong>Law</strong><br />
Review. ■ Published a guest editorial in the Fort<br />
Worth Star-Telegram on Feb. 28 titled “<strong>Texas</strong>’<br />
capital punishment procedure is far from<br />
foolpro<strong>of</strong>.”<br />
Activities<br />
Spoke on capital punishment at the following<br />
venues: Academic Conferences - Canadian <strong>Law</strong><br />
and Society Association Conference 2000, Banff<br />
National Park, Alberta, Canada, June; MELUS<br />
2000 Conference, Tulane University, New<br />
Orleans, La., March; 17th Annual <strong>Law</strong> and<br />
Society Conference, Bryon Bay, Australia,<br />
December 1999. Community Forums - First<br />
United Methodist Church Adult Education<br />
Forum, Fort Worth, February; Trinity Episcopal<br />
Church Adult Education Forum, Fort Worth,<br />
January; <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong><br />
<strong>Law</strong> student chapter <strong>of</strong> Amnesty International<br />
Brown Bag Forum, November 1999. ■ Spoke on<br />
“The Juvenile Sex Offender and the Juvenile<br />
Justice System” at the Criminal Defense <strong>Law</strong>yer<br />
Project-Skills Course 2000 in Wichita Falls,<br />
January.<br />
Susan Phillips<br />
Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong><br />
and Director <strong>of</strong> the <strong>Law</strong> Library<br />
Activities<br />
Serves as treasurer for the<br />
Southwestern Association <strong>of</strong> <strong>Law</strong> Libraries ■<br />
Moderated program titled “Legal Resource<br />
Product Comparisons” at the 42 nd annual<br />
meeting <strong>of</strong> the Southwestern Association <strong>of</strong> <strong>Law</strong><br />
Libraries in San Antonio.<br />
Vickie Rainwater<br />
Director <strong>of</strong> Legal Writing<br />
Activities<br />
Will present a program called<br />
“Reality Bites” with Tom Trahan,<br />
assistant director <strong>of</strong> legal writing, at the meeting<br />
<strong>of</strong> the Legal Writing Institute on July 20 in<br />
Seattle, Wash. The institute is the primary<br />
pr<strong>of</strong>essional group supporting legal writing<br />
pr<strong>of</strong>essors in the United States. The theme <strong>of</strong><br />
this year’s meeting is “Preparing Students for Life<br />
After the First Year.” ■ During 1999-2000, the<br />
legal writing department conducted a number <strong>of</strong><br />
extracurricular programs designed to give first-<br />
year law students a view <strong>of</strong> real-life practice. The<br />
presentation by Rainwater and Trahan focuses<br />
on those programs. ■ Received the 1999-2000<br />
award for Outstanding Writing Pr<strong>of</strong>essor.<br />
Lynne Rambo<br />
Associate Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong><br />
Publications<br />
“Impeaching Lying Parties with Their<br />
Statements During Negotiation:<br />
Demysticizing the Public Policy Rationale Behind<br />
Rule 408 and the Mediation Privilege” to be<br />
published by the Washington <strong>Law</strong> Review in<br />
October 2000.<br />
Activities<br />
Asked to review Stephen Feldman’s book, Please<br />
Don’t Wish Me A Merry Christmas: A Critical<br />
History <strong>of</strong> the Separation between Church and<br />
State, for the American Journal <strong>of</strong> Legal History.<br />
■ Served as a panelist discussing “Truth in<br />
Mediation” at the annual meeting <strong>of</strong> the ADR<br />
section <strong>of</strong> the State Bar <strong>of</strong> <strong>Texas</strong> last February. ■<br />
Served as a panelist discussing “Hopwood v.<br />
<strong>Texas</strong> and the Private <strong>Law</strong> <strong>School</strong>: To What<br />
Extent Does the 5 th Circuit’s Decision Apply?”<br />
on March 30 at <strong>Texas</strong> <strong>Wesleyan</strong> University<br />
<strong>School</strong> <strong>of</strong> <strong>Law</strong>. ■ Interviewed and quoted by the<br />
Fort Worth Star-Telegram on the State v. Jimmy<br />
Watkins case. ■ Sponsored and judged a practice<br />
argument by the San Antonio federal defender’s<br />
<strong>of</strong>fice in preparation for that <strong>of</strong>fice’s appearance<br />
before the U.S. Supreme Court in Bond v. United<br />
States. ■ Coordinated the participation <strong>of</strong> <strong>Texas</strong><br />
<strong>Wesleyan</strong> law students in the mock trial project<br />
<strong>of</strong> Summerbridge Fort Worth, an after-school<br />
program for middle school students.<br />
Malinda L. Seymore<br />
Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong><br />
Activities<br />
Returned to full-time teaching,<br />
having stepped down as associate<br />
dean for academic affairs in January. ■ Served<br />
as chair <strong>of</strong> the <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong><br />
<strong>of</strong> <strong>Law</strong> dean search committee. ■ Serves on the<br />
Gender Bias Reform Task Force <strong>of</strong> <strong>Texas</strong> by<br />
appointment <strong>of</strong> the <strong>Texas</strong> Supreme Court.<br />
Richard Storrow<br />
Associate Pr<strong>of</strong>essor <strong>of</strong> <strong>Law</strong><br />
Activities<br />
With the members <strong>of</strong> the<br />
institutional diversity committee,<br />
organized visits to campus by Pr<strong>of</strong>essor Alfred<br />
Brophy, Oklahoma City University <strong>School</strong> <strong>of</strong> <strong>Law</strong>,<br />
who spoke on the Tulsa Race Riot <strong>of</strong> 1921; Dean<br />
John Brittain and Pr<strong>of</strong>essor Craig Jackson, both<br />
<strong>of</strong> <strong>Texas</strong> Southern University, Thurgood Marshall<br />
<strong>School</strong> <strong>of</strong> <strong>Law</strong>; and Pr<strong>of</strong>essor Reynaldo Valencia,<br />
Saint Mary’s University <strong>School</strong> <strong>of</strong> <strong>Law</strong> and<br />
current White House Fellow, who, along with<br />
14 Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wy er • Summer 2000 <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong>
Pr<strong>of</strong>essor Lynne Rambo, discussed the impact <strong>of</strong><br />
Hopwood v. <strong>Texas</strong>. ■ Led a group discussion<br />
titled “What’s on Your Mind? Sharing the<br />
Experiences <strong>of</strong> Hispanic <strong>Law</strong> Students” at the<br />
Hispanic National Bar Association – Region IV<br />
<strong>Law</strong> Student Division Annual Conference on Feb.<br />
25 at the University <strong>of</strong> Oklahoma College <strong>of</strong> <strong>Law</strong><br />
in Norman, Okla. ■ Interviewed and quoted for<br />
an article on same sex sexual harassment, which<br />
appeared in the Houston Voice in November<br />
1999. ■ Served as a member <strong>of</strong> the board <strong>of</strong><br />
directors <strong>of</strong> the Tarrant County chapter <strong>of</strong> the<br />
American Civil Liberties Union. ■ Attended a<br />
symposium on adoption, reproductive technology<br />
and intentional families at Georgetown<br />
University <strong>Law</strong> Center in February. Information<br />
gathered at the symposium enabled completion<br />
<strong>of</strong> an article titled “Policy, Privacy and the New<br />
Reproduction.” ■ Named one <strong>of</strong> two 1L<br />
outstanding day pr<strong>of</strong>essors <strong>of</strong> 1999-2000 at <strong>Texas</strong><br />
<strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong>.<br />
Faculty Additions for 2000-01:<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong> is<br />
committed to maintaining the most qualified and<br />
diverse faculty in the nation. The <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
is proud to announce the hiring <strong>of</strong> four new fulltime<br />
faculty members. Their backgrounds are as<br />
diverse as the experience they promise to bring<br />
to the classroom.<br />
Rachel S. Arnow Richman<br />
Associate Pr<strong>of</strong>essor<br />
J.D. cum laude, 1995, Harvard <strong>Law</strong><br />
<strong>School</strong>; B.A. summa cum laude,<br />
1992, Rutgers University. Abraham<br />
L. Freedman Fellow, Temple University <strong>School</strong><br />
<strong>of</strong> <strong>Law</strong>. ■ Associate, Drinker, Biddle & Reath<br />
L.L.P.; law clerk, New Jersey Supreme Court,<br />
Justice James H. Coleman Jr. Published in the<br />
Indiana <strong>Law</strong> Journal and Berkeley Women’s <strong>Law</strong><br />
Journal. ■ Courses: Labor & Employment <strong>Law</strong><br />
and Contracts.<br />
Benjamin G. Davis<br />
Associate Pr<strong>of</strong>essor<br />
J.D., 1983, Harvard <strong>Law</strong> <strong>School</strong>;<br />
M.B.A., 1983, Harvard Business<br />
<strong>School</strong>; B.A. cum laude, 1977,<br />
Harvard College. Articles editor, Harvard<br />
International <strong>Law</strong> Journal. ■ Director, conference<br />
programs and manager, Institute <strong>of</strong> World<br />
Business <strong>Law</strong>, International Chamber <strong>of</strong><br />
Commerce (ICC), Paris, France; legal counsel,<br />
ICC International Court <strong>of</strong> Arbitration, Paris,<br />
France; strategic business consultant, Mars &<br />
Co., France; development consultant, Louis<br />
Berger & Co., France and West Africa. Published<br />
articles in the American Review <strong>of</strong> International<br />
Arbitration, Arbitration International, Harvard<br />
International <strong>Law</strong> Journal, International<br />
Construction <strong>Law</strong> Quarterly and the Journal <strong>of</strong><br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
International Arbitration. Editor, Improving<br />
International Arbitration: The Need for Speed<br />
and Trust, Liber Amicorum Michel Gaudet. Coauthored<br />
articles on dispute resolution and<br />
shipping in the People’s Republic <strong>of</strong> China.<br />
Created fast-track arbitration. ■ Courses:<br />
Contracts, International Business Transactions,<br />
Alternative Dispute Resolution and Online<br />
Dispute Resolution.<br />
Xuan-Thao N. Nguyen<br />
Associate Pr<strong>of</strong>essor<br />
J.D., 1995, Northeastern University<br />
<strong>School</strong> <strong>of</strong> <strong>Law</strong>; B.A., 1990, Oberlin<br />
College. ■ Intellectual property<br />
associate, Fried, Frank, Harris,<br />
Shriver & Jacobson; intellectual property<br />
associate, Pryor, Cashman, Sherman & Flynn,<br />
L.L.P. Registered to practice in the United States<br />
patent and trademark <strong>of</strong>fice. Planning committee<br />
member, International Trademarks Association.<br />
Recipient, the Thurgood Marshall Award for<br />
work on death penalty. Published in the Albany<br />
<strong>Law</strong> Review, Chicago-Kent Journal <strong>of</strong> Intellectual<br />
Property and Loyola University-Chicago<br />
Consumer <strong>Law</strong> Review. Forthcoming publication<br />
in the American University <strong>Law</strong> Review, the<br />
Federal Circuit, Volume 49. ■ Courses: Business<br />
Associations, UCC-9, Intellectual Property and<br />
E-commerce & the <strong>Law</strong>.<br />
Franklin G. Snyder<br />
Associate Pr<strong>of</strong>essor<br />
LL.M., 1998, Temple University<br />
<strong>School</strong> <strong>of</strong> <strong>Law</strong>; J.D., 1983, University<br />
<strong>of</strong> Missouri <strong>School</strong> <strong>of</strong> <strong>Law</strong>; B.A.,<br />
1977, California State University, Fullerton.<br />
Editor-in-chief, Missouri <strong>Law</strong> Review. Member:<br />
Order <strong>of</strong> the Coif. ■ Visiting associate pr<strong>of</strong>essor,<br />
University <strong>of</strong> Idaho College <strong>of</strong> <strong>Law</strong>; Freedman<br />
Teaching Fellow, Temple University <strong>School</strong> <strong>of</strong><br />
<strong>Law</strong>; associate and partner, Latham & Watkins,<br />
Washington, D.C.; law clerk, Hon. George E.<br />
MacKinnon, U.S. Court <strong>of</strong> Appeals for the D.C.<br />
Circuit. Published in William and Mary <strong>Law</strong><br />
Review, Missouri <strong>Law</strong> Review and Alfred<br />
Hitchcock’s Mystery Magazine. ■ Courses:<br />
Business Associations, Contracts and Sales.<br />
Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wyer<br />
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Pr<strong>of</strong>essor<br />
Malinda<br />
Seymore has<br />
been with<br />
<strong>Texas</strong><br />
<strong>Wesleyan</strong><br />
<strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
since 1990.<br />
Seymore has<br />
taught<br />
criminal law,<br />
criminal<br />
procedure,<br />
evidence,<br />
feminist<br />
jurisprudence,<br />
<strong>Texas</strong><br />
criminal<br />
procedure<br />
and property.<br />
She currently<br />
serves on the<br />
Gender Bias<br />
Reform Task<br />
Force <strong>of</strong> <strong>Texas</strong><br />
by appointment<br />
<strong>of</strong> the<br />
<strong>Texas</strong><br />
Supreme<br />
Court.<br />
Malinda L.<br />
Seymore<br />
Pr<strong>of</strong>essor<br />
legal<br />
perspectives<br />
■ Faculty viewpoints on today’s current issues<br />
Shedding a little light<br />
on a well-kept secret<br />
<strong>Law</strong>yers should be bound by the same standards and ethics<br />
as other pr<strong>of</strong>essions, but they’re not<br />
16 Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wy er • Summer 2000 <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
Illustration by Rick Sales
Doctors can’t do it. Psychotherapists can’t<br />
do it. Ministers can’t do it. But lawyers<br />
can.<br />
No doubt you are aware <strong>of</strong> the many things<br />
lawyers can do that these other pr<strong>of</strong>essionals<br />
can’t – lawyers can advise clients about legal<br />
rights, can advocate for clients in court and can<br />
draft documents affecting legal rights. Attorneys<br />
serve as virtually the only entrée to the legal<br />
system. But there is one more thing lawyers can<br />
do that other pr<strong>of</strong>essionals cannot: lawyers can<br />
have sex with their clients without violating a<br />
standard <strong>of</strong> pr<strong>of</strong>essional responsibility.<br />
Sex between lawyers and clients occurs far<br />
more frequently than many believe. In a 1993<br />
nationwide survey <strong>of</strong> attorneys, 18.9 percent <strong>of</strong><br />
the respondents had sex with a client themselves<br />
or knew <strong>of</strong> at least one other attorney who had.<br />
Despite this near-20 percent figure, there are<br />
only a handful <strong>of</strong> cases where attorneys have<br />
been disciplined for having sex with their clients.<br />
The reported cases run the gamut – some<br />
involve “quid pro quo” situations where the attorney<br />
required sex in exchange for legal services,<br />
others involve forcible rape and a few involve<br />
consensual sexual relations. Those that<br />
appear to be consensual relationships <strong>of</strong>ten involve<br />
vulnerable clients – clients who are suicidal,<br />
clients who are victims <strong>of</strong> domestic violence<br />
and clients who are facing criminal<br />
charges. Many are divorce cases. Virtually all <strong>of</strong><br />
the cases involve a male lawyer and a female<br />
client.<br />
<strong>Law</strong>yers proudly proclaim that, like doctors<br />
and clergy, they are members <strong>of</strong> a learned pr<strong>of</strong>ession.<br />
One noted pr<strong>of</strong>essor has identified the<br />
following characteristics that distinguish pr<strong>of</strong>essions<br />
from other jobs: (1) the pr<strong>of</strong>essions require<br />
a substantial period <strong>of</strong> formal education;<br />
(2) the pr<strong>of</strong>essions require the comprehension<br />
<strong>of</strong> a substantial amount <strong>of</strong> theoretical knowledge;<br />
(3) the pr<strong>of</strong>essions are governed by a code<br />
<strong>of</strong> ethics and are self-regulated; (4) persons who<br />
seek the services <strong>of</strong> a pr<strong>of</strong>essional are <strong>of</strong>ten in a<br />
state <strong>of</strong> appreciable concern, if not vulnerability,<br />
when they do so; and (5) the pr<strong>of</strong>essions almost<br />
always involve at their core a significant<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
interpersonal relationship between the pr<strong>of</strong>essional<br />
and the patient or client. In all <strong>of</strong> these<br />
ways, the “job” <strong>of</strong> lawyer, doctor and minister<br />
are alike.<br />
Clients who seek the services <strong>of</strong> an attorney,<br />
like those who seek the aid <strong>of</strong> other pr<strong>of</strong>essionals,<br />
<strong>of</strong>ten do so while in a vulnerable state, when<br />
involved in a situation that they are not capable<br />
<strong>of</strong> handling on their own. They must rely on<br />
the expertise <strong>of</strong> the pr<strong>of</strong>essional, and will <strong>of</strong>ten<br />
idolize and idealize the helpful pr<strong>of</strong>essional. The<br />
opportunities to exploit such trusting relationships<br />
are great. For that reason, the governing<br />
codes <strong>of</strong> ethics <strong>of</strong> all pr<strong>of</strong>essions – except law –<br />
explicitly prohibit the pr<strong>of</strong>essional from engaging<br />
in sexual relations with those they are seeking<br />
to help. In fact, in <strong>Texas</strong>, we criminalize sex<br />
between health care providers/mental health<br />
care providers and patients, and between clergy<br />
and parishioners when the pr<strong>of</strong>essional “causes<br />
the other person to submit or participate by exploiting<br />
the other person’s emotional dependency<br />
on the [pr<strong>of</strong>essional].” Such violations<br />
constitute sexual assault, just as violent,<br />
nonconsensual sexual intercourse is sexual assault.<br />
Yet there is no such provision applicable<br />
Sex between lawyers and clients occurs far more frequently than many<br />
believe. In a 1993 nationwide survey <strong>of</strong> attorneys, 18.9 percent <strong>of</strong> the<br />
respondents had sex with a client themselves or knew <strong>of</strong> at least one other<br />
attorney who had. Despite this near-20 percent figure, there are only a handful<br />
<strong>of</strong> cases where attorneys have been disciplined for having sex with their clients.<br />
to lawyers (I am sure that the fact that most<br />
legislators are lawyers has nothing to do with<br />
this omission!).<br />
There have twice been attempts to introduce<br />
an ethical rule prohibiting sexual relations between<br />
lawyers and clients in <strong>Texas</strong>, and both<br />
attempts died in the relevant state bar committee.<br />
This does not make <strong>Texas</strong> unique – only 10<br />
states currently have rules explicitly prohibiting<br />
sexual relationships between lawyers and<br />
clients. <strong>Texas</strong> lawyers had another opportunity<br />
to speak out in favor <strong>of</strong> a new rule at the State<br />
Bar <strong>of</strong> <strong>Texas</strong> annual meeting in San Antonio in<br />
June. The women in the pr<strong>of</strong>ession committee<br />
proposed a resolution recommending that the<br />
following rule be submitted to the membership<br />
<strong>of</strong> the state bar:<br />
A lawyer may not engage in a sexual relationship<br />
with a client, unless the lawyer<br />
and client are married to each other<br />
or already had a consensual sexual rela-<br />
There have<br />
twice been<br />
attempts to<br />
introduce an<br />
ethical rule<br />
prohibiting<br />
sexual<br />
relations<br />
between<br />
lawyers and<br />
clients in<br />
<strong>Texas</strong>, and<br />
both attempts<br />
died<br />
in the relevant<br />
state<br />
bar committee.<br />
This does<br />
not make<br />
<strong>Texas</strong> unique<br />
– only 10<br />
states currently<br />
have<br />
rules explicitlyprohibiting<br />
sexual<br />
relationships<br />
between<br />
lawyers and<br />
clients.<br />
Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wyer<br />
er • Summer 2000<br />
17
It can easily<br />
be argued<br />
that an<br />
attorney who<br />
is engaged in<br />
an intimate<br />
relationship<br />
with a client<br />
may make<br />
decisions that<br />
are not in the<br />
client’s<br />
interest, but<br />
are affected<br />
by the<br />
lawyer’s<br />
personal<br />
interest in<br />
the client. For<br />
example, a<br />
lawyer may<br />
want to<br />
prolong<br />
litigation<br />
because that<br />
will allow<br />
continued<br />
contact with<br />
the lover/<br />
client. Or a<br />
divorce<br />
lawyer may<br />
not encourage<br />
a reconciliation<br />
when having<br />
an affair with<br />
a divorcing<br />
client.<br />
tionship before the lawyer-client<br />
relationship commenced.<br />
Critics <strong>of</strong> an express prohibition <strong>of</strong> sexual relations<br />
between attorneys and clients advance<br />
several reasons: (1) existing rules <strong>of</strong> pr<strong>of</strong>essional<br />
responsibility adequately address the problem;<br />
(2) the private lives <strong>of</strong> attorneys should not be<br />
regulated, especially with regard to consensual<br />
sexual activity; and (3) adopting such a rule<br />
would suggest to the public that lawyers are participating<br />
in such inappropriate behavior, and<br />
thus damage the reputation <strong>of</strong> all lawyers.<br />
Existing rules <strong>of</strong> pr<strong>of</strong>essional responsibility,<br />
in particular, conflict <strong>of</strong> interest rules, have been<br />
used to regulate attorney-client sexual relations.<br />
The <strong>Texas</strong> Disciplinary Rules <strong>of</strong> Pr<strong>of</strong>essional<br />
Conduct provide, with regard to conflict <strong>of</strong> interest,<br />
that “a lawyer shall not represent a person<br />
if the representation <strong>of</strong> that person … reasonably<br />
appears to be or become adversely limited<br />
by … the lawyer’s … own interests.”<br />
It can easily be argued that an attorney who is<br />
engaged in an intimate relationship with a client<br />
may make decisions that are not in the client’s<br />
interest, but are affected by the lawyer’s personal<br />
interest in the client. For example, a lawyer may<br />
want to prolong litigation because doing so will<br />
allow continued contact with the lover/client. Or<br />
a divorce lawyer may not encourage a reconciliation<br />
when having an affair with a divorcing client.<br />
While these situations may be covered by the<br />
conflict <strong>of</strong> interest rule, there is little in the rule<br />
that places lawyers or clients on notice that they<br />
are treading close to ethical violations. Furthermore,<br />
an attorney who can establish a reasonable<br />
belief that the representation was not adversely<br />
affected by the attorney’s own interest is not guilty<br />
<strong>of</strong> a rules violation. In that 1993 survey <strong>of</strong> attorneys,<br />
those who had sex with their clients unanimously<br />
rated their overall behavior as at or above<br />
average.<br />
And the conflict rule provides a simple escape<br />
for those attorneys who reasonably believe that<br />
the representation is not materially affected – if<br />
the client consents after disclosure <strong>of</strong> the potential<br />
conflict, there is no rules violation. The<br />
same vulnerability and reliance that <strong>of</strong>ten causes<br />
clients to consent to sex with their attorneys is<br />
also likely to cause them to consent to any potential<br />
conflict. The <strong>Texas</strong> Penal Code recognizes<br />
that the exploitation in doctor/patient,<br />
minister/parishioner and psychotherapist/patient<br />
relationships renders the sexual intercourse<br />
“without the consent <strong>of</strong> the other person.”<br />
It is hard to imagine that the sex could be<br />
without consent, but that the waiver <strong>of</strong> the conflict<br />
<strong>of</strong> interest is with valid consent.<br />
Proponents <strong>of</strong> any kind <strong>of</strong> regulation <strong>of</strong> sexual<br />
behavior are <strong>of</strong>ten labeled as repressed, prudish<br />
or radically feminist. Popular dogma is that all<br />
consensual sexual relationships between adults are<br />
positive and should not be discouraged, especially<br />
when conducted in the “privacy <strong>of</strong> one’s home.”<br />
Similar privacy arguments arise with proposals <strong>of</strong><br />
explicit rules prohibiting sexual relations between<br />
lawyers and their clients.<br />
Objections regarding regulation <strong>of</strong> the private<br />
lives <strong>of</strong> attorneys are misplaced. An explicit prohibition<br />
against attorneys having sex with clients<br />
in no way regulates who an attorney has<br />
sex with; rather, it regulates who an attorney<br />
can represent. If an attorney wants to have sex<br />
with a particular person, that attorney can avoid<br />
or terminate a pr<strong>of</strong>essional relationship with<br />
that person. After doing so, nothing in the rules<br />
<strong>of</strong> pr<strong>of</strong>essional conduct would regulate that personal<br />
relationship. States have always regulated<br />
the pr<strong>of</strong>essional lives <strong>of</strong> attorneys, and prohibitions<br />
on having sex with clients would be simply<br />
more regulation <strong>of</strong> the pr<strong>of</strong>ession.<br />
Constitutional privacy arguments are also unavailable.<br />
The U.S. Supreme Court made clear<br />
in Bowers v. Hardwick that the right to privacy<br />
does not extend to “the proposition that any type<br />
<strong>of</strong> private sexual conduct between consenting<br />
adults is insulated from state proscription.”<br />
Furthermore, doctors, psychotherapists and<br />
clergy are subject to prohibitions on sex with<br />
patients/parishioners without running afoul <strong>of</strong><br />
privacy law.<br />
A final reason sometimes expressed for why<br />
<strong>Texas</strong> should not adopt an explicit rule is that,<br />
in doing so, we might convey to the public that<br />
there are lawyers having sex with their clients,<br />
and that such a suggestion would undermine<br />
confidence in the legal pr<strong>of</strong>ession. If we were to<br />
follow that line <strong>of</strong> thinking, then we should<br />
repeal all <strong>of</strong> the rules <strong>of</strong> pr<strong>of</strong>essional<br />
responsibility – to say that lawyers must<br />
zealously represent their clients suggests that<br />
there are some who do not. To say that lawyers<br />
should not commingle trust fund monies<br />
suggests that there are some who do.<br />
The State Bar <strong>of</strong> <strong>Texas</strong> recently launched an<br />
initiative to increase the public’s trust and confidence<br />
in the legal pr<strong>of</strong>ession. A public survey<br />
revealed that the majority <strong>of</strong> Texans rated teachers<br />
(85%), doctors (77%) and judges (71%) as<br />
honest and ethical. Significantly fewer Texans<br />
provided the same rating to lawyers (40%), auto<br />
mechanics (39%) and politicians (26%). Enacting<br />
a rule prohibiting lawyers from representing<br />
clients with whom they have a sexual relationship<br />
would be a significant step toward increasing<br />
confidence in the legal system. Not only<br />
is it the right thing to do, but bringing lawyers<br />
in line with all other pr<strong>of</strong>essionals could only<br />
improve the public image <strong>of</strong> lawyers. ■<br />
18 Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wy er • Summer 2000 <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong>
Confidentiality<br />
(in negotiations)<br />
run amok:<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
The good idea now protects the dishonest<br />
Illustration by Rick Sales<br />
Lynne Rambo<br />
joined <strong>Texas</strong><br />
<strong>Wesleyan</strong><br />
University<br />
<strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
in 1997 after<br />
10 years <strong>of</strong><br />
practicing<br />
trial law.<br />
Rambo has<br />
taught<br />
constitutional<br />
law,<br />
criminal law<br />
and evidence.<br />
Look for<br />
Rambo’s<br />
article,<br />
“Impeaching<br />
Lying Parties<br />
with Their<br />
Statements<br />
During<br />
Negotiation:<br />
Demysticizing<br />
the Public<br />
Policy Rationale<br />
Behind<br />
Rule 408 and<br />
the Mediation<br />
Privilege,”<br />
from which<br />
this short<br />
article was<br />
adapted. It<br />
will be<br />
published<br />
by the<br />
Washington<br />
<strong>Law</strong> Review in<br />
October 2000.<br />
Lynne<br />
Rambo<br />
Associate<br />
Pr<strong>of</strong>essor<br />
Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wyer<br />
er • Summer 2000<br />
19
Courts all<br />
over the<br />
country have<br />
instituted<br />
ADR programs,<br />
and<br />
participation<br />
in some <strong>of</strong><br />
these programs<br />
is<br />
mandatory if<br />
a litigant<br />
wishes to<br />
have his or<br />
her case<br />
heard in<br />
court. Many<br />
in the academiccommunity<br />
tout<br />
ADR as the<br />
answer to all<br />
manner <strong>of</strong><br />
problems with<br />
our judicial<br />
system:<br />
overloaded<br />
courts, the<br />
excessive cost<br />
<strong>of</strong> litigation,<br />
and even the<br />
perceived<br />
lack <strong>of</strong><br />
pr<strong>of</strong>essionalism<br />
within<br />
the legal<br />
community.<br />
The last two to three decades have seen a<br />
very strong, successful push toward the use<br />
<strong>of</strong> alternative dispute resolution (ADR). Virtually<br />
every law school, including <strong>Wesleyan</strong>, <strong>of</strong>fers<br />
courses in ADR generally, negotiation, mediation,<br />
or some combination <strong>of</strong> these. A number<br />
<strong>of</strong> states have adopted ethical rules requiring<br />
trial lawyers to advise their clients <strong>of</strong> the<br />
availability <strong>of</strong> ADR processes. Courts all over<br />
the country have instituted ADR programs, and<br />
participation in some <strong>of</strong> these programs is mandatory<br />
if a litigant wishes to have his or her case<br />
heard in court. Many in the academic community<br />
tout ADR as the answer to all manner <strong>of</strong><br />
problems with the judicial system: overloaded<br />
courts, the excessive cost <strong>of</strong> litigation, and even<br />
the perceived lack <strong>of</strong> pr<strong>of</strong>essionalism within the<br />
legal community.<br />
Given the widespread support for ADR and<br />
what is seen as its revolutionary potential, both<br />
legislatures and courts have adopted rules that<br />
they believe will ensure ADR’s success. The<br />
most common <strong>of</strong> these are rules rendering dispute<br />
resolution processes confidential. The rationale<br />
behind ADR confidentiality is threefold:<br />
(1) settlement is good; (2) for settlements to be<br />
reached, the parties must communicate candidly<br />
about the facts <strong>of</strong> their dispute; and (3) parties<br />
will not communicate candidly if their statements<br />
during the settlement process can be disclosed<br />
outside the process.<br />
Congress acted on this rationale in 1974 when<br />
it enacted Federal Rule <strong>of</strong> Evidence 408. At common<br />
law, <strong>of</strong>fers to settle themselves had been<br />
excluded, but “independent admissions <strong>of</strong> fact”<br />
made during negotiations had been admissible.<br />
Rule 408 changed this, excluding both <strong>of</strong>fers to<br />
compromise and statements <strong>of</strong> fact made during<br />
negotiations (at least when they are <strong>of</strong>fered<br />
to prove the validity or invalidity <strong>of</strong> a claim), on<br />
the ground that the common law “inhibit[ed]<br />
freedom <strong>of</strong> communication with respect to compromise.”<br />
Since 1974, some 42 states have<br />
adopted rules <strong>of</strong> evidence identical to Rule 408<br />
in this respect.<br />
Even more significantly, 49 <strong>of</strong> the 50 states<br />
and numerous federal courts have adopted some<br />
form <strong>of</strong> “mediation privilege” statute or rule.<br />
Under the vast majority <strong>of</strong> these statutes and<br />
court rules, all statements made in the course<br />
<strong>of</strong> a mediated negotiation (a negotiation facilitated<br />
by a neutral third party) are confidential<br />
and cannot be admitted into evidence, regardless<br />
<strong>of</strong> the purpose for which they are <strong>of</strong>fered.<br />
In <strong>Texas</strong>, for example, section 154.073 <strong>of</strong> the<br />
Civil Practice and Remedies Code provides that<br />
“a communication relating to the subject matter<br />
<strong>of</strong> any civil or criminal dispute made by a<br />
participant in an alternative dispute resolution<br />
procedure, whether before or after the institution<br />
<strong>of</strong> formal judicial proceedings, is confidential,<br />
is not subject to disclosure, and may not<br />
be used as evidence against the participant in<br />
any judicial or administrative proceeding.” Some<br />
<strong>of</strong> these statutes and court rules include exceptions<br />
to cover extraordinary circumstances – as<br />
when a negotiating party admits child abuse or<br />
an intent to commit a crime – but for the most<br />
part, the statutes and rules extend a blanket,<br />
near-absolute confidentiality to statements<br />
made during a mediation session. Indeed, under<br />
most <strong>of</strong> the mediation privilege statutes and<br />
under some courts’ interpretations <strong>of</strong> Rule 408,<br />
[In regard to the Elián González case] Under the mediation privileges in most<br />
states in this country ... the government would simply be out <strong>of</strong> luck, unable to<br />
introduce evidence <strong>of</strong> the relatives’ admission during the mediation. A jury<br />
would decide the case actually believing that the relatives were unarmed and<br />
that the government came in armed with submachine guns for no reason at all.<br />
the confidentiality extended is broad enough to<br />
prevent a party from impeaching an opponent<br />
with inconsistent statements <strong>of</strong> fact the opponent<br />
made during negotiations.<br />
The practical effect <strong>of</strong> extending confidentiality<br />
this far is to license lying by unscrupulous<br />
parties and their lawyers. The lying might occur<br />
in the context <strong>of</strong> the negotiation itself: a<br />
party might assert facts more favorable to its<br />
case than the real facts in order to skew the<br />
settlement in its favor, and because <strong>of</strong> confidentiality<br />
rules, it can do so knowing that there will<br />
be no consequences if the evidence later reveals<br />
that the facts were not as the party asserted. If<br />
the case does not settle, there will be no substantial<br />
harm, because the finder <strong>of</strong> fact will hear<br />
the true, weaker facts at trial. If the case does<br />
settle, however, then the settlement is based on<br />
a false set <strong>of</strong> facts, and the party acting in reliance<br />
on the asserted facts is cheated without<br />
ever knowing it.<br />
20 Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wy er • Summer 2000 <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong>
On the other hand, a party might be truthful<br />
during the negotiation, admitting the facts unfavorable<br />
to its case. In this circumstance, if the<br />
case settles, then no harm has been done, because<br />
the settlement is based on an accurate set<br />
<strong>of</strong> facts. If the case does not settle, however, and<br />
the party asserts different, stronger facts during<br />
a subsequent deposition or at trial, then all the<br />
parties involved know that the trial testimony<br />
is false, but the lie goes unexposed to the finder<br />
<strong>of</strong> fact, and the trial outcome is based on a false<br />
set <strong>of</strong> facts. In this way, the confidentiality rule<br />
exalts settlement at the cost <strong>of</strong> truth.<br />
One need look only as far as the morning paper<br />
and the battle over Elián González to imagine<br />
such a circumstance. Assume that, during<br />
the eleventh-hour mediation over Elián’s custody,<br />
the Miami relatives indicated that they had<br />
guns in the house. Next assume that the relatives<br />
sue the government alleging that the INS<br />
employed excessive force in extracting Elián, and<br />
the relatives testify on deposition and at trial<br />
that there were no guns in the house. Under<br />
the mediation privileges in most states in this<br />
country, including <strong>Texas</strong>, the government would<br />
simply be out <strong>of</strong> luck, unable to introduce evi-<br />
dence <strong>of</strong> the relatives’ admission during the<br />
mediation. A jury would decide the case actually<br />
believing that the relatives were unarmed<br />
and that the government came in armed with<br />
submachine guns for no reason at all.<br />
This cannot possibly be acceptable, because<br />
it risks turning both the settlement process<br />
(when the lie occurs during negotiation) and the<br />
trial process (when the lie occurs at trial but<br />
cannot be exposed) into a farce, a mockery <strong>of</strong><br />
justice.<br />
The point, <strong>of</strong> course, is not that extending<br />
confidentiality to settlement negotiations and<br />
mediations is a bad thing, but only that in our<br />
zeal to promote ADR, confidentiality has been<br />
extended too far. Knowing that their statements<br />
in settlement negotiations will not gratuitously<br />
be used against them surely encourages parties<br />
to come to the negotiating table, and confidentiality<br />
may also help parties be candid in evaluating<br />
and presenting their cases during negotia-<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
tion. Yet it is entirely possible to adopt confidentiality<br />
provisions that confer these benefits<br />
and still allow for exposing those who would<br />
abuse the settlement or judicial process. Specifically,<br />
the confidentiality rules could include<br />
a narrowly tailored exception abrogating confidentiality<br />
– and allowing for impeachment by<br />
prior inconsistent statement – when the court<br />
finds that an intentional, deliberate misrepresentation<br />
<strong>of</strong> fact has taken place either during<br />
the negotiation or at trial. As long as the admissibility<br />
<strong>of</strong> negotiation statements turned on<br />
a standard <strong>of</strong> intentional misrepresentation<br />
rather than mere inconsistency, honest parties<br />
probably would not be intimidated out <strong>of</strong> their<br />
candor, and yet dishonest parties could no longer<br />
afford to play fast and loose with the facts.<br />
ADR proponents undoubtedly would resist<br />
such a change, arguing that watering down confidentiality<br />
in any respect threatens the process.<br />
There are several ironies in this argument. First,<br />
to the extent that unscrupulous parties know<br />
that they can go to negotiations and lie about<br />
the facts without any consequence, those parties<br />
are more likely to adopt extreme positions<br />
that will ultimately make settlement less likely<br />
The public policy behind negotiation and mediation confidentiality<br />
is a worthy one, but the law must also account for the situations in which<br />
confidentiality can obscure the truth rather than further it.<br />
A more tempered, considered approach would assure that the<br />
law does not provide “too much <strong>of</strong> a good thing.”<br />
to result, an outcome the proponents <strong>of</strong> ADR<br />
certainly do not want. Second, as honest parties<br />
begin to learn that lying during ADR is an<br />
inevitable, sanctioned part <strong>of</strong> the process, they<br />
will become less and less willing to participate<br />
in it, another outcome ADR proponents would<br />
not like. Finally, to the extent that ADR advocates<br />
assert that an “intentional misrepresentation”<br />
exception would swallow the rule <strong>of</strong> confidentiality,<br />
the assertion itself suggests that intentional<br />
misrepresentation during negotiations<br />
is a substantial, pervasive problem, one sufficient<br />
to outweigh the benefits that proponents<br />
claim ADR produces.<br />
The public policy behind negotiation and<br />
mediation confidentiality is a worthy one, but<br />
the law also must account for the situations in<br />
which confidentiality can obscure the truth<br />
rather than further it. A more tempered, considered<br />
approach would assure that the law does<br />
not provide “too much <strong>of</strong> a good thing.” ■<br />
Knowing that<br />
their statements<br />
in<br />
settlement<br />
negotiations<br />
will not<br />
gratuitously<br />
be used<br />
against them<br />
surely encourages<br />
parties to<br />
come to the<br />
negotiating<br />
table, and<br />
confidentiality<br />
may also<br />
help parties<br />
be candid in<br />
evaluating<br />
and presenting<br />
their<br />
cases during<br />
negotiation.<br />
Yet it is<br />
entirely<br />
possible to<br />
adopt confidentiality<br />
provisions<br />
that confer<br />
these benefits<br />
and still<br />
allow for<br />
exposing<br />
those who<br />
would abuse<br />
the settlement<br />
or<br />
judicial<br />
process.<br />
Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wyer<br />
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21
Story by John Veilleux<br />
“I told my<br />
students they<br />
should be<br />
proud <strong>of</strong> this<br />
school. It is<br />
an excellent<br />
blueprint for<br />
the ideal law<br />
school. You<br />
can still<br />
tinker with it.<br />
You can still<br />
work with it,<br />
as opposed to<br />
other schools<br />
that have<br />
been around<br />
awhile, where<br />
change is a<br />
difficult<br />
process. The<br />
school is at a<br />
point that it<br />
can become<br />
anything the<br />
faculty and<br />
students want<br />
it to be.”<br />
Fernando<br />
Colon-Navarro<br />
Visiting<br />
Pr<strong>of</strong>essor<br />
a farewell<br />
to fernando<br />
■ Colon-Navarro bids <strong>Texas</strong> <strong>Wesleyan</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong> goodbye,<br />
heads back to Houston and <strong>Texas</strong> Southern University<br />
After what he calls a “great year” <strong>of</strong><br />
pr<strong>of</strong>essional and personal growth at<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong><br />
<strong>Law</strong>, visiting pr<strong>of</strong>essor Fernando Colon-<br />
Navarro is returning to his tenured<br />
pr<strong>of</strong>essorship at the <strong>Texas</strong> Southern<br />
University Thurgood Marshall <strong>School</strong><br />
<strong>of</strong> <strong>Law</strong>.<br />
“I am very grateful to have a wonderful<br />
school to which I am returning,”<br />
Colon-Navarro said. “I am proud<br />
<strong>of</strong> <strong>Texas</strong> Southern, and I have<br />
students there who are<br />
waiting for me. It is a<br />
great institution. I will<br />
definitely miss the<br />
students, faculty,<br />
staff and community<br />
at <strong>Texas</strong> <strong>Wesleyan</strong>,<br />
though, because on a<br />
personal, pr<strong>of</strong>essional<br />
and scholarship level,<br />
it’s been a great year.”<br />
Colon-Navarro said he<br />
was originally drawn to the<br />
visiting pr<strong>of</strong>essorship at <strong>Texas</strong><br />
<strong>Wesleyan</strong> because he was familiar<br />
with the school’s history and<br />
because he “knew there was<br />
room for Hispanic issues to<br />
develop.”<br />
“I have known about <strong>Texas</strong><br />
<strong>Wesleyan</strong> since I came to <strong>Texas</strong> in<br />
1991,” he said. “Several <strong>of</strong> my<br />
students at Thurgood Marshall<br />
attended school at <strong>Texas</strong> <strong>Wesleyan</strong>. I<br />
knew the school was new, and I knew<br />
the history <strong>of</strong> the accreditation process.<br />
Being Hispanic, and with my<br />
background in public service and my<br />
teaching interest in international human<br />
rights, I thought this would be a good place<br />
for me to spend a year. I thought I could bring<br />
my experience to the area, and at the same<br />
time, I thought the school could help improve<br />
my expertise. I definitely felt that<br />
there could be a mutual benefit.”<br />
And a mutual benefit there was.<br />
In addition to teaching property, the<br />
primary course for which he was<br />
hired to teach, Colon-Navarro also<br />
taught immigration law and<br />
international human<br />
rights. His background<br />
in immigration allowed<br />
him to <strong>of</strong>fer <strong>Texas</strong><br />
<strong>Wesleyan</strong> students a<br />
perspective they<br />
might otherwise<br />
have missed.<br />
“My pr<strong>of</strong>essional<br />
and ethnic backgrounds<br />
are different<br />
from the rest <strong>of</strong> the<br />
faculty, just as all <strong>of</strong> our<br />
backgrounds are different<br />
and unique,” Colon-Navarro<br />
said. “With my background, I<br />
was able to provide students<br />
with a supplement to the<br />
classroom, especially the<br />
students in my immigration<br />
and international human<br />
rights classes. In those classes,<br />
students have told me that they<br />
never thought the substance <strong>of</strong><br />
the courses was what I showed<br />
them it was. They said they<br />
had a different opinion or idea<br />
<strong>of</strong> these courses because I was<br />
Photo by John Veilleux<br />
able to make it real by talking<br />
about my experiences.”<br />
Colon-Navarro also took part in a great deal<br />
<strong>of</strong> public service in the area <strong>of</strong> immigration<br />
22 Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wy er • Summer 2000 <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong>
law, getting students in his immigration class<br />
involved with a public service clinic sponsored<br />
by a local church.<br />
“My students volunteered in a program<br />
designed to help indigent people who are<br />
looking for ways to get residency,” he said. “I<br />
also began discussions with the Tarrant<br />
County Bar about developing programs revolving<br />
around the issues <strong>of</strong> immigration, especially<br />
in the area <strong>of</strong> crime and immigration. At<br />
this point, we have set the groundwork and<br />
established the need for the programs, and the<br />
bar has been very receptive.”<br />
Colon-Navarro also was very active in extracurricular<br />
activities. He worked with other<br />
faculty providing assistance to first-year<br />
students and visited several local schools to<br />
talk about the legal pr<strong>of</strong>ession. He said he<br />
particularly enjoyed working as an adviser to<br />
the moot court team.<br />
“I had the pleasure <strong>of</strong> coaching the team<br />
that went to Wisconsin, and they did very<br />
well,” he said. “<strong>Texas</strong> <strong>Wesleyan</strong> has done an<br />
outstanding job <strong>of</strong> recruiting some <strong>of</strong> the<br />
brightest law students around. Our moot<br />
court teams have experienced a great deal <strong>of</strong><br />
success, and other schools are really starting<br />
to notice.”<br />
Though immigration law is Colon-Navarro’s<br />
passion, he said he brought the same energy<br />
level to students in his property class. He said<br />
he will remember his property class because <strong>of</strong><br />
the personal difficulties many <strong>of</strong> his students<br />
experienced, but added that he was thankful<br />
to have been able to teach his students a life<br />
lesson he hopes they will never forget.<br />
“It was a very tough semester,” Colon-<br />
Navarro said. “We had a student who died and<br />
several <strong>of</strong> the students experienced deaths in<br />
their families. As these circumstances began<br />
to unfold, I told my students they needed to<br />
put law school in perspective. I told them that<br />
as important as their education is, there are<br />
more important things in life.<br />
“I said law school is very important, but<br />
don’t stop talking to your husbands or your<br />
wives, don’t stop talking to your friends and<br />
don’t make your education all consuming. You<br />
are going to have other things that occupy<br />
your life, so don’t get sick when something<br />
else comes up. I think, because <strong>of</strong> my background,<br />
I was able to convey that in a credible<br />
way because it was my personal experience.<br />
“I tell my students that a tragedy isn’t<br />
getting a ‘D’ or even failing law school.<br />
These things are an inconvenience, an<br />
embarrassment, a road block or a dream<br />
unfulfilled. A tragedy is when a mother puts<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
her children in day care at 8:00 in the morning<br />
and gets a call an hour later saying that<br />
her babies are gone – like what happened in<br />
Oklahoma. That is a tragedy.”<br />
Colon-Navarro’s genuine concern for his<br />
students was definitely appreciated by those<br />
with whom he came in contact. This was<br />
evidenced in April at the Barristers’ Ball<br />
when he received a standing ovation for two<br />
awards he received from the student body,<br />
the 1999-2000 Evening Pr<strong>of</strong>essor <strong>of</strong> the Year<br />
and 1999-2000 Visiting Distinguished Pr<strong>of</strong>essor.<br />
“It was overwhelming,” he said. “I don’t<br />
think I have done anything out <strong>of</strong> the ordinary.<br />
All I did was say hello in the halls,<br />
make myself available, work hard in my<br />
classes and listen to my students. I have<br />
done what I think is normal.<br />
“Sometimes, we don’t realize what a smile<br />
or a hello or a minute’s conversation in the<br />
hall can do. Many <strong>of</strong> the students who I<br />
didn’t have in class said their reaction in part<br />
was for these things. I am surprised, delighted<br />
and overwhelmed because never in<br />
my mind did I expect this.”<br />
Colon-Navarro said he expects to hear great<br />
things about the law school, and added that<br />
he is proud to have been associated with<br />
<strong>Texas</strong> <strong>Wesleyan</strong>.<br />
“I’ve enjoyed being a part <strong>of</strong> developing the<br />
school over the last year,” he said. “I think<br />
the school has an excellent faculty. The<br />
pr<strong>of</strong>essors have vast experience with great<br />
local and national reputations. The mixture<br />
is perfect.<br />
“The faculty has a group <strong>of</strong> well-prepared<br />
young faculty members and seasoned pr<strong>of</strong>essors.<br />
It is a good balance. It is a faculty that<br />
is fortunate to have a great new leader in<br />
Dean Gershon. He is doing a great job with a<br />
program that is not only needed, but also<br />
welcomed in this area.”<br />
And though Colon-Navarro said he will<br />
miss the many students he has met this year,<br />
he said they should feel comfortable knowing<br />
they have chosen an outstanding law school<br />
and that they will be well prepared for a<br />
career in law when they leave.<br />
“I told my students they should be proud <strong>of</strong><br />
this school,” he said. “It is an excellent<br />
blueprint for the ideal law school. You can<br />
still tinker with it. You can still work with it,<br />
as opposed to other schools that have been<br />
around awhile, where change is a difficult<br />
process. The school is at a point that it can<br />
become anything the faculty and students<br />
want it to be.” ■<br />
“I tell my<br />
students that<br />
a tragedy<br />
isn’t getting a<br />
‘D’ or even<br />
failing law<br />
school. These<br />
things are an<br />
inconvenience,<br />
an<br />
embarrassment,<br />
a road<br />
block or a<br />
dream unfulfilled.<br />
A<br />
tragedy is<br />
when a<br />
mother puts<br />
her children<br />
in day care at<br />
8:00 in the<br />
morning and<br />
gets a call an<br />
hour later<br />
saying that<br />
her babies are<br />
gone – like<br />
what happened<br />
in<br />
Oklahoma.<br />
That is a<br />
tragedy.”<br />
Fernando<br />
Colon-Navarro<br />
Visiting<br />
Pr<strong>of</strong>essor<br />
Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wyer<br />
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23
alumni<br />
news & notes<br />
■ A digest <strong>of</strong> news, notes, events and features<br />
1993<br />
Michael E. Fox specializes in personal injury and real<br />
estate/construction-related litigation. Recently, he<br />
completed the 40-hour requirement for court assigned<br />
mediator.<br />
1994<br />
Phillip W. Bond was the featured speaker at the ABA<br />
Transportation MegaConference IV in 1999 and has<br />
already received an invitation to speak at #V in 2001.<br />
Don Cartwright has been named Outstanding<br />
Criminal Defense <strong>Law</strong>yer <strong>of</strong> the Year for 1999 by the<br />
Coastal Bend Criminal Defense <strong>Law</strong>yers Association<br />
in Corpus Christi. He also is running for district judge.<br />
Craig S. Christopher is president <strong>of</strong> the San Antonio<br />
Young <strong>Law</strong>yers Association for 1999-2000. He has<br />
received the San Antonio Bar Association President’s<br />
Award.<br />
James W. Evans has joined the firm <strong>of</strong> Hill Gilstrap as<br />
an associate.<br />
Gerald N. Glickman serves as director <strong>of</strong> the American<br />
Board <strong>of</strong> Endodontics and chair <strong>of</strong> the educational affairs<br />
committee <strong>of</strong> the American Association <strong>of</strong><br />
Endodontists.<br />
Don J. Griffin is teaching health care law and bioethics<br />
at the graduate level within the College <strong>of</strong> Public<br />
Health at the University <strong>of</strong> Oklahoma Health Science<br />
Center. He serves law firms as an expert witness on<br />
hospital management issues.<br />
Dana D. Huffman has a new <strong>of</strong>fice address: 3120<br />
Kellway Drive, Suite 108, Carrollton, <strong>Texas</strong>, 75006.<br />
Douglas M. King received his LL.M. in taxation from<br />
New York University <strong>School</strong> <strong>of</strong> <strong>Law</strong>. Currently, he is<br />
practicing merger and acquisition consulting and tax<br />
law.<br />
Phillip S. King spoke at Dallas Baptist University on<br />
Nov. 12, 1999. As a first-term member <strong>of</strong> the <strong>Texas</strong><br />
House <strong>of</strong> Representatives, King was named Freshman<br />
Legislator <strong>of</strong> the Year by his colleagues. He also was<br />
honored with the Rookie <strong>of</strong> the Year award by <strong>Texas</strong><br />
Monthly magazine. During the 76 th Legislative Session,<br />
he served on the public safety committee, which deals<br />
with law enforcement and crime issues. For this service,<br />
the Combined <strong>Law</strong> Enforcement Association <strong>of</strong> <strong>Texas</strong><br />
named King Crime Fighter <strong>of</strong> the Year.<br />
Ron G. MacFarlane Jr. regularly assists Adjunct<br />
Pr<strong>of</strong>essor Mark Zimmermann in judging the final trials<br />
for his trial advocacy classes.<br />
Wayne Northcutt was a member <strong>of</strong> the State Bar<br />
College for 1999.<br />
Jeffrey R. Sandberg, president <strong>of</strong> the founding board<br />
<strong>of</strong> directors <strong>of</strong> the <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong><br />
<strong>Law</strong> Alumni Association, is now board certified in civil<br />
appellate law by the <strong>Texas</strong> Board <strong>of</strong> Legal Specialization.<br />
He practices in business litigation and civil appellate.<br />
1995<br />
Jim Bush is an associate at Bush, Hauder & Adkerson.<br />
William L. Dunnill has been practicing in the field <strong>of</strong><br />
medical malpractice defense/insurance defense since<br />
1995.<br />
William Edmonds received the 1999 Legal Line<br />
Volunteer Award from the Tarrant County Bar<br />
Association.<br />
Philip J. Mitchell was awarded the Northwood<br />
University Outstanding Alumni Achievement Award<br />
at Midland, Mich., on Oct. 15, 1999.<br />
Merry Laureen Moore, a sole practitioner, is involved<br />
with the Dallas-Fort Worth Writers Workshop.<br />
24 Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wy er • Summer 2000 <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong>
Stephen S. Mosher is an associate attorney for<br />
Thompson E. Howison, L.L.P., a small law firm<br />
specializing in patent, trademark, copyright and unfair<br />
competition causes.<br />
Casey G. Reakes, licensed in <strong>Texas</strong> and Nevada,<br />
relocated to Las Vegas in May. Contact him at 33 Rue<br />
Maison, Abilene, <strong>Texas</strong>, 79605, (915) 698-5772.<br />
Pamela M. Roach, a plaintiff’s employment law<br />
attorney, argued a case before the 5 th U.S. Circuit Court<br />
<strong>of</strong> Appeals in New Orleans. She serves as chair <strong>of</strong> the<br />
Solo and Small Firm section <strong>of</strong> the Dallas Bar<br />
Association, receiving the Outstanding Section Award<br />
in 1998. Roach also serves on the board <strong>of</strong> directors <strong>of</strong><br />
the National Employment <strong>Law</strong>yers Association, Dallas/<br />
Fort Worth Division (1997 to present).<br />
Ernest W. Street, a fellow <strong>of</strong> the American Academy <strong>of</strong><br />
Forensic Sciences, is a laboratory inspector for the U.S.<br />
Department <strong>of</strong> Health and Human Services, National<br />
Laboratory Certification program.<br />
1996<br />
Roger E. Bishara is owner <strong>of</strong> Pilot Records & Bishara<br />
Entertainment, Inc. Bishara also runs his own solo<br />
practice.<br />
Donald D. Feare has relocated his law <strong>of</strong>fice to 721 W.<br />
Division Street, Arlington, <strong>Texas</strong>, 76012.<br />
Louann Kitchen, director <strong>of</strong> governmental affairs, and<br />
Margaret Richardson, director <strong>of</strong> corporate relations,<br />
both at Children’s Hospital Los Angeles, received an<br />
appropriation <strong>of</strong> $962,000 from the federal government<br />
for the establishment <strong>of</strong> an imaging core laboratory.<br />
This new facility will permit hospital researchers to<br />
visualize living cells at the level <strong>of</strong> a single cell.<br />
1997<br />
Beverly Burk serves as secretary <strong>of</strong> the <strong>Texas</strong> <strong>Wesleyan</strong><br />
University <strong>School</strong> <strong>of</strong> <strong>Law</strong> Alumni Association board <strong>of</strong><br />
directors; as a judge for the City <strong>of</strong> Irving Teen Court;<br />
instructor – introductory training for high school<br />
attorneys; and alumnae adviser, University <strong>of</strong> North<br />
<strong>Texas</strong> chapter <strong>of</strong> Kappa Kappa Gamma.<br />
Nancy J. Carroll became the mother <strong>of</strong> a baby boy<br />
named Zachary on Dec. 22, 1999. She received her<br />
LL.M. in April.<br />
Gregory L. Cody joined Preston Gates & Ellis in<br />
February 1999. He is currently working with several<br />
large northwest clients in large-scale complex<br />
litigation.<br />
Tom Corbin completed an LL.M. program in<br />
litigation at George Washington University <strong>School</strong> <strong>of</strong><br />
<strong>Law</strong> in May.<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
So what exactly does<br />
the Office <strong>of</strong> External<br />
Relations do? And exactly<br />
who does it serve?<br />
Here’s a good question: What<br />
does a director <strong>of</strong> external<br />
relations actually do? The<br />
typical answer is – raise money.<br />
And, to be sure, fund raising is<br />
a major function <strong>of</strong> this<br />
position. No educational institution can<br />
ever hope to survive on income derived from<br />
tuition and fees alone.<br />
But this <strong>of</strong>fice is about much more than<br />
raising money. I would like to use this first<br />
column to interpret our work for you. The<br />
law school enjoys many different<br />
constituents. In external relations, our focus<br />
is on those outside the classroom – alumni,<br />
corporate benefactors, practicing attorneys,<br />
major donors, community groups and the<br />
wider world we hope to impact.<br />
This focus translates into the following<br />
assigned tasks:<br />
■ Managing the alumni relations<br />
program<br />
■ Providing career services to current<br />
students and alumni<br />
■ Representing the law school to<br />
community groups<br />
■ Interfacing with the bench and bar<br />
■ Cultivating prospective donors and<br />
facilitating major gifts<br />
■ Coordinating opportunities for<br />
continuing legal education<br />
It is enough to keep us busy, and it<br />
reminds us daily that our mission is about<br />
far more than supporting the training <strong>of</strong><br />
those in the practice <strong>of</strong> law.<br />
We serve a wider audience. We “relate” to<br />
the many groups and constituencies who<br />
cooperate with our faculty, staff and<br />
students to keep our law school strong and<br />
growing.<br />
Because you are reading this column, you<br />
are involved! Please call on us whenever we<br />
can help in any area <strong>of</strong> our responsibilities.<br />
Cheryl Gray Kimberling, Ph.D.<br />
Director <strong>of</strong> External Relations<br />
Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wyer<br />
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25
Scott Cornuaud has joined the Hunt County district<br />
attorney’s <strong>of</strong>fice.<br />
Joey E. Fox recently was elected vice chairman <strong>of</strong> the<br />
Greater Dallas Veterans Foundation, Inc. The<br />
foundation arranges the Dallas Veterans Day Parade<br />
and celebration.<br />
Steven R. Green is practicing criminal defense.<br />
Pearl S. Landau was elected a member <strong>of</strong> the Council<br />
to Franchise and Distribution <strong>Law</strong> section <strong>of</strong> the Dallas<br />
Bar Association for 2000.<br />
Cindi M. Morris is a registered nurse/attorney. She<br />
specializes in the area <strong>of</strong> medical malpractice.<br />
Jenny C. Teague is a solo practitioner with two law<br />
<strong>of</strong>fices, one in Crandall and one in Gun Barrel City,<br />
<strong>Texas</strong>. Currently, she practices primarily criminal,<br />
bankruptcy and personal injury law.<br />
Matt Toback has opened an <strong>of</strong>fice at 411 West Seventh<br />
St., Suite 902, Fort Worth, <strong>Texas</strong>, 76102. Toback hosted<br />
a reception for Dean Richard Gershon and President<br />
Jake B. Schrum in May at The Fort Worth Club.<br />
1998<br />
Janet M. Antonetti is serving on the Dallas County<br />
Task Force on Domestic Violence. Antonetti also serves<br />
on the National Advisory Board for Hope for Children<br />
Foundation.<br />
Debra Atchison has a new position with McCreary &<br />
Associates. She will handle personal injury,<br />
employment and commercial litigation. On Dec. 15,<br />
1999, Debbie gave birth to a girl, 6 pounds, 10 ounces.<br />
The new arrival is named Emily Lynn.<br />
Tamera H. Bennett and her husband, Johnny, announce<br />
the birth <strong>of</strong> their son, Brock Jameson, on Feb. 23.<br />
Felipe O. Calzada has opened the <strong>Law</strong> Office <strong>of</strong> Felipe<br />
O. Calzada, 1512 8 th Avenue, Suite 800, Fort Worth,<br />
<strong>Texas</strong>, 76104. His practice consists <strong>of</strong> family, juvenile,<br />
immigration and personal injury law and traffic tickets.<br />
Milt Cosgrove has a new practice in The Colony. In<br />
addition to being a certified financial planner, he will<br />
practice estate planning, wills/trusts, probate, mediation<br />
and business law.<br />
Sharron Cox has been elected president <strong>of</strong> the Bonham<br />
Business and Pr<strong>of</strong>essional Women for 1999-2000. She<br />
also was selected as Worthy Matron <strong>of</strong> the Order <strong>of</strong> the<br />
Eastern Star. In addition, Cox has been elected treasurer<br />
for the Fannin County Bar Association. She is now a<br />
full partner in Moss & Cox in Bonham, <strong>Texas</strong>, handling<br />
wills, estate planning and bankruptcies.<br />
Carol Day-Moss is assistant county attorney <strong>of</strong> Hunt<br />
County. She will prosecute misdemeanors and oversee<br />
juvenile hearings, mental commitments, JP court and<br />
represent CPS. Carol also has been elected secretary <strong>of</strong><br />
the Fannin County Bar Association.<br />
Tylene DiSciullo has joined the firm <strong>of</strong> Hill Gilstrap<br />
as an associate.<br />
Ric Gonzalez currently serves under contract as<br />
assistant city attorney to the cities <strong>of</strong> Lewisville and<br />
Sanger, <strong>Texas</strong>.<br />
John M. Fowler was recently appointed general counsel<br />
<strong>of</strong> the <strong>Texas</strong> Young Republican Federation and was<br />
elected vice president <strong>of</strong> the Dallas County Young<br />
Republicans. Fowler and his wife, Tori, had their first<br />
child last March.<br />
Charles D. Lamb has relocated his practice to 753 State<br />
Avenue, Suite 707, Kansas City, Kan., 66101, (913) 281-<br />
1948, to accommodate expansion.<br />
Harold McAden entered the Republican primary in the<br />
race for Wise County attorney.<br />
Rick J. Muenks announces the opening <strong>of</strong> his law<br />
practice in Springfield, Mo. He also has formed<br />
Southwest Valuation, a real estate valuation firm. He<br />
can be reached at 333 Park Central E, Suite 505,<br />
Springfield, Mo., 65806, (417) 866-6503.<br />
Kellie F. Stokes opened an <strong>of</strong>fice in November focusing<br />
on wills, probate and small business. She also acts as<br />
an adjunct pr<strong>of</strong>essor for the moot court program at<br />
<strong>Texas</strong> <strong>Wesleyan</strong>.<br />
1999<br />
Julya Billhymer is heading the law <strong>of</strong>fice and legal<br />
shield programs for the firm <strong>of</strong> Ross & Matthews and<br />
its major client, Pre-Paid, Inc.<br />
Daniel R. Brown is in the process <strong>of</strong> establishing a<br />
private practice. He will focus in the area <strong>of</strong> intellectual<br />
property, including patents, trademarks, copyrights,<br />
trade secrets, licensing and transactional work dealing<br />
with intellectual properties.<br />
Lance T. Crosby has been promoted to operations<br />
manager <strong>of</strong> Catalog.com. He currently is working on<br />
his LL.M. in taxation at Southern Methodist University<br />
<strong>School</strong> <strong>of</strong> <strong>Law</strong>.<br />
Todd Duncan is a new partner with Joaquin & Duncan,<br />
a small firm focusing on federal sentencing guidelines.<br />
Frederick L. Durham III will join Waters & Kraus in<br />
Dallas in September.<br />
Barbara T. Hale is halfway through her one-year term<br />
as a briefing attorney for Justice Tom James at the 5 th<br />
Court <strong>of</strong> Appeals in Dallas. Hale said her term at the<br />
26 Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wy er • Summer 2000 <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong>
court has been a fantastic learning experience and has<br />
really helped her decide which areas <strong>of</strong> law she wants<br />
to pursue.<br />
Douglas R. Johnson has moved to San Antonio and<br />
has opened his own <strong>of</strong>fice. He hopes to practice estate<br />
planning and business law. He has signed up with the<br />
probate courts to be appointed attorney ad litem in<br />
custody cases.<br />
Pamela R.G. Lapham is associate counsel/commercial<br />
escrow <strong>of</strong>ficer for TICOR Land Title Company.<br />
Brian O. Watkins recently passed the Washington State<br />
Bar examination. He has been hired by Northwest<br />
Justice Project to work on the CLEAR team as an<br />
attorney, assisting low-income people in civil matters<br />
(e.g. landlord-tenant, family and consumer protection).<br />
On weekends, he is hiking, canoeing and fly-fishing<br />
the rivers.<br />
The following <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong><br />
<strong>Law</strong> graduates were sworn in as members <strong>of</strong> the U.S.<br />
Supreme Court Bar on Jan. 28 by Justice Anne<br />
Gardner <strong>of</strong> the 2 nd Court <strong>of</strong> Appeals: Anand Alloju,<br />
Judith Alton, Stephen Alton, David Andrews,<br />
Roxanne Lisa Ballard, Daniel Barnes, G. Norman<br />
Batten, Nancy L. Berger, Samuel Bishop, Clint<br />
Blackman, Roger Blair, Donald Blum, Janet<br />
Boyanton, John Boyle, James Bradley, Donald<br />
Brandt, Gary Bruton, Jimmy Carter, Donald<br />
Cartwright, Okey Chidolue, Hal Coggins, Hal<br />
Cook, John Cramer, Steven Deel, George De Los<br />
Santos, Ricardo De Los Santos, Sandra Fordjour,<br />
Curtis Fortinberry, Brian Gaddy, Donald Griffin,<br />
Priscilla G. Hall, Robbie Lesa Hames, Paul Hebda,<br />
Carl R. Hensch III, William Norton Hinckley,<br />
Elaine Hubbard-Palmer, William David Keese, Mary<br />
Katherine Kelly, Phil King, Kathryn Kollmeyer,<br />
Christian David Kuhnel, William Kun<strong>of</strong>sky, John<br />
Gustav Larson, Shirley Jeffers <strong>Law</strong>rence, Mike<br />
Leasor, Diego Lopez, Albert James Lynn, Edward<br />
Mallou, Andrew James Marshall, Horacio Marull,<br />
Thomas McKenzie, Monte Mark Mitchell, Joy<br />
Walton Moore, James Mosser, Gary Nichols, Jack<br />
Rochelle, Jeff Sandberg, Sid Shapiro, Lloyd Keith<br />
Shelton, Tara Silver-Malyska, Steven Skinner, Todd<br />
Steele, Charles Storey, Richard Storrow, Jeff Stuver,<br />
Jeffrey Templeton, Buford Waldrip, Craig Watkins,<br />
Rhea Ann Weaver, Shannon Kay Willis, Roger Yale,<br />
Robert York and Lisa Zahn. ■<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
Get involved: It’s your<br />
right, duty and<br />
responsibility<br />
As an attorney practicing family law, I tend<br />
to think in terms <strong>of</strong> rights, duties and responsibilities.<br />
So when I was asked to write a few<br />
words for this publication, these three items<br />
naturally came to mind.<br />
As graduates <strong>of</strong> <strong>Texas</strong> <strong>Wesleyan</strong> University<br />
<strong>School</strong> <strong>of</strong> <strong>Law</strong>, we have been given certain<br />
rights, duties and responsibilities. For one, we<br />
have the right to practice law (after we pass<br />
that all-important bar exam!), and the duty<br />
and responsibility to do so wisely.<br />
Coupled with this right to practice law is a<br />
duty to represent our school in a dignified and<br />
pr<strong>of</strong>essional manner. After all, <strong>Texas</strong> <strong>Wesleyan</strong><br />
is going to be the new kid on the block for<br />
awhile. Therefore, every day in the courtroom,<br />
in transactions with other attorneys, and in<br />
working with our clients, we must prove ourselves,<br />
proudly displaying the abilities and sensibilities<br />
in the practice <strong>of</strong> law we worked so<br />
hard to build at <strong>Texas</strong> <strong>Wesleyan</strong>.<br />
As alumni representing the <strong>School</strong> <strong>of</strong> <strong>Law</strong>,<br />
we must make a daily effort to remember that<br />
we are like a chain: We are only as strong as<br />
our weakest link. It is our duty and our responsibility<br />
to ourselves and to our fellow<br />
alumni to practice with intelligence, honesty<br />
and a sense <strong>of</strong> respect for ourselves, our school<br />
and our fellow attorneys.<br />
Another duty and responsibility that comes<br />
with the right to practice law is to support our<br />
school. The inaugural Annual Fund drive is<br />
now underway. I challenge each alumnus to<br />
begin a lifelong tradition <strong>of</strong> giving to our<br />
school. It is our duty and our responsibility to<br />
help the law school continue to grow and excel.<br />
So much has been accomplished in a few<br />
short years, making the possibilities for the<br />
future <strong>of</strong> the law school endless.<br />
One other right we have as alumni is to participate<br />
in the Alumni Association events.<br />
Thanks to the creative talents and able leadership<br />
<strong>of</strong> Dr. Cheryl Kimberling, we have wonderful<br />
activities with opportunities to network<br />
with friends and other graduates <strong>of</strong> the law<br />
school. If you are not currently receiving notices<br />
<strong>of</strong> the events hosted for alumni, please<br />
contact Kimberling at (817) 212-4082.<br />
In closing, remember – rights, duties and<br />
responsibilities! We are all counting on you.<br />
See you at the next alumni event!<br />
Peggy Pasquini, ‘97<br />
President <strong>of</strong> the Alumni Association<br />
Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wyer<br />
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27
Story by John Veilleux<br />
“The school<br />
has managed<br />
itself very,<br />
very well. The<br />
new dean,<br />
Richard<br />
Gershon, is a<br />
perfect fit for<br />
the school. ...<br />
He brings an<br />
aggressive<br />
attitude to<br />
the table, and<br />
if he does<br />
what I think<br />
he’s going to<br />
do, he’s<br />
going to<br />
move the<br />
school up the<br />
scale and<br />
bring a lot <strong>of</strong><br />
credibility<br />
during his<br />
tenure.”<br />
Gary Edd Fish,<br />
M.D.<br />
Class <strong>of</strong> 1995<br />
a passion<br />
for learning<br />
■ You say there aren’t enough hours in the day?<br />
Wait until you meet alumnus Dr. Gary Edd Fish.<br />
He may change your mind<br />
Meet Gary Edd Fish, M.D., ’95. To say<br />
the least, he’s not the typical <strong>Texas</strong><br />
<strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
alumnus.<br />
In fact, he says he doesn’t have any plans to<br />
practice law, which will seem even more<br />
strange in a moment.<br />
For the last 22 years, he has been an ophthalmologist<br />
with <strong>Texas</strong> Retina Associates.<br />
But he said his mother always told him he<br />
should become a lawyer. So one day in 1992,<br />
while traveling down Central Expressway in<br />
Dallas, Fish saw a billboard for the DFW<br />
<strong>School</strong> <strong>of</strong> <strong>Law</strong>, the <strong>School</strong> <strong>of</strong> <strong>Law</strong>’s name<br />
before <strong>Texas</strong> <strong>Wesleyan</strong> University acquired it<br />
later that same year.<br />
Photo by John Veilleux<br />
“This is probably an ad for billboards,” Fish<br />
said with a warm smile and a laugh. “But I<br />
was driving down the highway, and I saw this<br />
big sign for DFW <strong>School</strong> <strong>of</strong> <strong>Law</strong> just south <strong>of</strong><br />
LBJ. Later that afternoon I called the school,<br />
and that was it.”<br />
Fish said he considered Southern Methodist<br />
University <strong>School</strong> <strong>of</strong> <strong>Law</strong>, but ultimately chose<br />
<strong>Texas</strong> <strong>Wesleyan</strong> because <strong>of</strong> its night program.<br />
“A partner <strong>of</strong> mine, Dwain Fuller, decided to<br />
go at the same time,” he said. “He went to<br />
SMU, but I can tell you that it was a lot more<br />
disruptive for him. I looked at SMU because I<br />
live by the school, but I wanted a night<br />
program, which they didn’t have. That’s what<br />
sold me on <strong>Texas</strong> <strong>Wesleyan</strong> because I didn’t<br />
28 Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wy er • Summer 2000 <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong>
want school to disrupt my practice. It took my<br />
partner a lot longer to graduate because he<br />
had to take day classes.”<br />
So now that you’ve briefly met Gary Fish,<br />
M.D., it seems only fair to reintroduce him as<br />
Gary Fish, M.D., J.D. But you still haven’t<br />
heard the entire story.<br />
You see, after Fish earned his J.D. in 1995,<br />
he needed another challenge. So what does a<br />
doctor with a passion for learning do?<br />
“I went to the University <strong>of</strong> Houston and<br />
started an LL.M. in health law,” Fish said. “I<br />
have all <strong>of</strong> my hours, but I haven’t finished<br />
my thesis yet. I finished my hours for the<br />
LL.M. in 1997, so you can see how fast I’m<br />
galloping toward that goal.”<br />
Though Fish is jokingly hard on<br />
himself for not yet finishing his<br />
thesis for his LL.M., he has a pretty<br />
good reason for not finding the time.<br />
Fish, please understand, doesn’t<br />
make excuses, though he seemingly<br />
could, especially in light <strong>of</strong> the fact<br />
that when he said, “I went to the<br />
University <strong>of</strong> Houston …” he forgot<br />
to mention that he came back that<br />
night, and every other night that he<br />
attended school there.<br />
“I still didn’t want law school to<br />
interrupt my practice, so I flew down<br />
at night,” he said. “Needless to say,<br />
it was a little more disruptive to my practice<br />
than <strong>Texas</strong> <strong>Wesleyan</strong>. It was pretty vigorous,<br />
but I did earn a lot <strong>of</strong> Southwest Airlines<br />
miles.”<br />
And with all those Southwest Airlines miles<br />
in the bank, one might think that Fish would<br />
be ready to take a well-deserved vacation. If<br />
you do, then you would be wrong because with<br />
an M.D., J.D. and a thesis away from an<br />
LL.M., Fish’s educational aspirations aren’t<br />
finished yet. In 1997, he enrolled in the<br />
M.B.A. program at SMU, which he completed<br />
last year.<br />
At this point you might be asking what<br />
drives Fish to pursue his seemingly unquenchable<br />
thirst for knowledge. Fish’s answer came<br />
without hesitation.<br />
“The bottom line is that it’s fun,” he said.<br />
“It’s also competitive, which makes it even<br />
more fun. It’s like sports for an uncoordinated<br />
guy.”<br />
Of course, this self-described “uncoordinated<br />
guy” can’t be too uncoordinated because<br />
he is an avid runner who has run many<br />
marathons, most recently, the Boston Marathon<br />
last April.<br />
If, by now, you haven’t reached for a calculator<br />
to add up the hours in a day and asked<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
Gary Edd Fish,<br />
M.D.<br />
Class <strong>of</strong> 1995<br />
yourself where Fish finds the time to run his<br />
medical practice, go to school and take part in<br />
marathons, don’t bother. Fish said time has<br />
never been an issue.<br />
“All my schooling was minimally disruptive,”<br />
he said. “You’re always doing something<br />
with your time. I just did that [school] instead<br />
<strong>of</strong> what other people usually do. Just about<br />
everybody stays up until 10 at night. And<br />
most <strong>of</strong> the time, it is doing something fairly<br />
unproductive like watching TV. I can tell you<br />
this – I watch zero TV.”<br />
Zero TV is exactly what Fish means. In fact,<br />
the last show Fish can recall following is the<br />
highly rated sitcom All in the Family. He was<br />
crushed when I told him it was no<br />
longer on the air.<br />
“There could be a new show on<br />
TV, and I would not know about it<br />
for 15 years,” he said. “If you don’t<br />
watch TV, for the average person,<br />
that could free up three hours every<br />
night. It’s just a matter <strong>of</strong> what you<br />
spend your time doing.”<br />
Fish has certainly found a passion<br />
to fill his time. And his time in<br />
school is time he considers productive<br />
and well spent.<br />
“I learned things that I like to<br />
learn, and I made a lot <strong>of</strong> friends<br />
that I would not have made otherwise.<br />
They’re [fellow students] all good<br />
people. For instance, the people who are going<br />
to <strong>Texas</strong> <strong>Wesleyan</strong> are driven people. They’re<br />
the kind <strong>of</strong> people I want to be around.”<br />
As for <strong>Texas</strong> <strong>Wesleyan</strong> and the direction the<br />
law school has taken <strong>of</strong> late, Fish said the<br />
school, the only school he graduated from in<br />
which he is actively involved, is growing<br />
stronger with each passing year.<br />
“The school has managed itself very, very<br />
well,” he said. “The new dean, Richard<br />
Gershon, is a perfect fit for the school. His<br />
task is to move the law school way up the<br />
totem pole.<br />
“There are 181 ABA-approved law schools,<br />
and <strong>Texas</strong> <strong>Wesleyan</strong> just received its accreditation,<br />
so it’s coming in at the bottom. He<br />
[Gershon] brings an aggressive attitude to the<br />
table, and if he does what I think he’s going to<br />
do, he’s going to move the school up the scale<br />
and bring a lot <strong>of</strong> credibility during his tenure.”<br />
And now that you have met Fish, it seems<br />
only fair to reintroduce him formally one<br />
more time.<br />
Thus, meet Gary Edd Fish, M.D., J.D.,<br />
M.B.A., B.A. As for the LL.M., the thesis, to<br />
be sure, is on its way. ■<br />
“All my<br />
schooling was<br />
minimally<br />
disruptive.<br />
You’re always<br />
doing something<br />
with<br />
your time. I<br />
just did that<br />
[school]<br />
instead <strong>of</strong><br />
what other<br />
people<br />
usually do.<br />
Just about<br />
everybody<br />
stays up until<br />
10 at night.<br />
And most <strong>of</strong><br />
the time, it is<br />
doing something<br />
fairly<br />
unproductive<br />
like watching<br />
TV. I can tell<br />
you this – I<br />
watch zero<br />
TV.”<br />
Gary Edd Fish,<br />
M.D.<br />
Class <strong>of</strong> 1995<br />
Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wyer<br />
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29
State representative<br />
Phillip<br />
S. King '94 and<br />
Attorney General<br />
John Cornyn<br />
were among the<br />
attendees at the<br />
Legislative<br />
Appreciation<br />
Luncheon held<br />
Oct. 20.<br />
▲ At the Oct. 10 celebration <strong>of</strong> full<br />
▲ Joanna Shoemaker directed the<br />
inaugural Brief Run. The next run is<br />
scheduled for Oct. 21, 2000.<br />
▲ ▲ Darrell Calvin '99,<br />
approval by the American Bar<br />
Association at Bass Performance<br />
Hall, some <strong>of</strong> the law school’s early<br />
graduates were recognized for their<br />
vision.<br />
John Davenport<br />
'99, Kelly Guzzardo<br />
'99 and Tiffany<br />
Bescherer '99 were<br />
sworn in as<br />
members <strong>of</strong> the<br />
State Bar <strong>of</strong> <strong>Texas</strong><br />
last November.<br />
snapshots<br />
■ Pictures <strong>of</strong> friends and alumni <strong>of</strong> the <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
▲ Peggy Pasquini '97 presents a<br />
silver tray to Jeff Sandberg'94 for<br />
his service as president <strong>of</strong> the<br />
founding board <strong>of</strong> directors <strong>of</strong> the<br />
Alumni Association.<br />
▲ Dr. Robert Kaman '97 <strong>of</strong> the University <strong>of</strong> North <strong>Texas</strong><br />
Health Science Center announces the award recipients at<br />
the inaugural Brief Run last October. The event raised<br />
more than $3,000 for West <strong>Texas</strong> Legal Services.<br />
▲ Twenty-five people attended a<br />
gathering <strong>of</strong> South <strong>Texas</strong> alumni.<br />
(Left to right) Dean Richard Gershon,<br />
Dr. Cheryl Gray Kimberling, Glen<br />
Gonnet '94, Craig Christopher '95<br />
and Diego Lopez '94 at the beautiful<br />
Ariel House in San Antonio.<br />
<strong>Wesleyan</strong> alumni from the Tarrant<br />
County district attorney’s <strong>of</strong>fice<br />
attended the first alumni event in<br />
Fort Worth. Pictured (top, left to<br />
right) are Jimmy Evans '95, Kurt<br />
Grieve and Blue Rannefeld '98.<br />
Seated (left to right) are Dee Dee<br />
Handy '97, Steven Handy '96 and<br />
Miles Brissette '98.<br />
30 Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wy er • Summer 2000 <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
▲
Faculty, staff, students and<br />
community supporters<br />
celebrated becoming one <strong>of</strong><br />
only 181 law schools fully<br />
accredited by the American<br />
Bar Association at a reception<br />
Oct. 10 at the Bass<br />
Performance Hall.<br />
Michael Dickey<br />
'95 and Bob<br />
Harmon '79 J.D.<br />
'95, founder <strong>of</strong><br />
the law school<br />
▲<br />
George<br />
Freeman '95,<br />
Lori Evans,<br />
Rebecca<br />
Freeman and<br />
Jimmy Evans '95<br />
▲<br />
Dean Richard<br />
Gershon with his<br />
wife, Donna<br />
Levine<br />
▲<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
▲<br />
Gary '94 and Tracie Bruton<br />
▲Mitch Collins '00 with his wife<br />
John Oldner<br />
'96 with his wife<br />
▲<br />
Rita O’Donald,<br />
assistant to the<br />
dean, and<br />
Barbara<br />
Tsirigotis,<br />
associate dean’s<br />
assistant<br />
▲<br />
Judge Eldon<br />
B. Mahon and<br />
his wife, Nova<br />
▲<br />
Rodney '94<br />
and Eunice<br />
Adams<br />
▲<br />
Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wyer<br />
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31
hooding 2000<br />
■ Pictures from the spring 2000 hooding ceremony<br />
32 Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wy er • Summer 2000 <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong>
Congratulations to the graduates <strong>of</strong> 2000<br />
Agwu Solomon Abah<br />
Gabriel Patricio Acevedo<br />
Reed Allmand<br />
Andrew Jon Anderson<br />
Jonathan B. Bailey<br />
Jakob Banks<br />
Christopher <strong>Law</strong>rence Barber<br />
Herbert Howell Blount Jr.<br />
Bill W. Bolding<br />
Elizabeth Katherine Bourland<br />
Cynthia Gail Brown<br />
Patricia Burns Cole<br />
Nicholas P. Cessario<br />
Janelle Amy Collier<br />
Travis W. Cope<br />
Mildred Eileen Austin Cox<br />
Clemente Santiago De La Cruz<br />
Alexander DeMeo<br />
* Rhonda Derenbecker<br />
Jimmy Doan<br />
Jennifer Ellen Doty<br />
John Allen Douglas<br />
Conswella Louise Edwards<br />
Kathy Mariana Estrada<br />
Albert Filidoro Jr.<br />
Fith Humbert Fithian<br />
* Kathryn Freed-Collier<br />
Nancy Ellen Freeman<br />
Marilyn Denise Smith Garcia<br />
James Wade Gent<br />
Amie Sue Gorup<br />
Raymond Matthew Graham<br />
Kelly Dawn Grammar<br />
Noreen Mairead Grant<br />
Scott David Greener<br />
Melodie Ann Groves-Rak<br />
Grayson C. Gumm<br />
Laura Stone Hardison<br />
Heather Nanette Mills Harrison<br />
* Jennifer Lea Hawkins<br />
Kevin Glenn Herd<br />
Scott Kent Huber<br />
Betty Hue Huynh<br />
Michael Brian Jaskowak<br />
Michael Ray Jordan<br />
Gregory Stephen Lander<br />
** Mary A. Lindley-Wiley<br />
** Craig A. Magnuson<br />
Nathan Lee Majors<br />
Brandon Earl Manus<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
Barry Marks<br />
Stephanie K. Marshall<br />
Andrea Gayle Martin<br />
Alvaro Martinez II<br />
Colleen McCoy<br />
George Quentin McGown IV<br />
Christine Carol Merritt<br />
Benjamin C. Meyer<br />
Jillana Del Michel<br />
Jason C. Mills<br />
* Katherine Morris<br />
Jennifer Lee North<br />
Jimmy D. Oldner<br />
Gloria R. Ortiz<br />
Anita E. Osborne-Lee<br />
John Lucius Overland Jr.<br />
Bryan H. Phillips<br />
** Gary Chad Phillips<br />
* Steven E. Pierard<br />
Jay David Printz<br />
Shannon Swann Pritchard<br />
Daniel Benjamin Reid<br />
Brian C. Restivo<br />
Alice Rodriguez<br />
Bertha Isabel Rodriguez<br />
Mary E. Romm<br />
** Barry A. Rosson, M.D.<br />
Deanna Jolene Russell<br />
Jennifer Rutherford-McClure<br />
Brent Schellhammer<br />
* James Dean Schull<br />
Bill J. Scott<br />
Amber Lynn Severtson<br />
Kathryn Clarissa Shane<br />
Brody Young Shanklin<br />
** R. Matthew Stewart<br />
* Kimber L. Summers<br />
Casey Dean Thompson<br />
Andrea C. Timmons<br />
Samuel Edward Trapp<br />
Tori Vaughn<br />
James E. Walton<br />
Tyrone Dewayne Ward<br />
Sherry Armstrong Whelchel<br />
Heather Leigh Wilhelm<br />
Traci DeAnne Wilkinson<br />
Cynthia L. Williams-Pearson<br />
Vincent Eugene Wisely<br />
* Summer Summer Summer 2000 2000 Gr Graduat Gr aduat aduate aduat<br />
** December December December 2000 2000 Gr Graduat Gr aduat aduate aduat<br />
Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wyer<br />
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33
Annual Fund<br />
West Society<br />
$10,000 or<br />
more<br />
Key Society<br />
Platinum<br />
$7,500-9,999<br />
Key Society<br />
Gold<br />
$5,000-7,499<br />
Key Society<br />
Silver<br />
$2,500-4,999<br />
Key Society<br />
$1,000-2,499<br />
<strong>Wesleyan</strong><br />
Society<br />
Gold<br />
$750-999<br />
<strong>Wesleyan</strong><br />
Society Blue<br />
$500-749<br />
<strong>Wesleyan</strong><br />
Society<br />
$200-499<br />
Donors<br />
up to<br />
$199<br />
giving news<br />
■ Philanthropic giving for the fiscal year 1999-2000<br />
The 1999-2000 fiscal year ended on May 31,<br />
and we want to thank all those who made a<br />
gift to the University.<br />
More than $55,100 was given to <strong>Wesleyan</strong> by law<br />
faculty, staff and alumni or from the legal community<br />
in support <strong>of</strong> the <strong>Law</strong> <strong>School</strong> Annual Fund or<br />
other law school programs. Your support is essential<br />
to our continued growth and success and directly<br />
impacts our reputation. Increasing support in the<br />
coming years is one <strong>of</strong> the many important priorities<br />
<strong>of</strong> the school.<br />
A special thanks goes to Peggy Pasquini J.D. ‘97,<br />
president <strong>of</strong> the <strong>Texas</strong> <strong>Wesleyan</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
Alumni Association, for helping establish a strong<br />
foundation in friend-raising and fund raising among<br />
alumni. Pasquini has been instrumental in keeping<br />
alumni connected to the school, leading the way in<br />
alumni giving by making a gift herself and authoring<br />
the 2000 Annual Fund appeal to alumni.<br />
Contributors<br />
ANNUAL FUND GIFTS<br />
West Society<br />
Mr. Matthew A. Toback J.D. '96<br />
Key Society<br />
Mrs. Judith K. Alton J.D. '94<br />
Pr<strong>of</strong>essor Stephen R. Alton<br />
Pr<strong>of</strong>essor Wylie H. Davis<br />
Dr. Gary E. Fish J.D. '95<br />
Pr<strong>of</strong>essor Denny O. Ingram<br />
Dr. Cheryl Gray Kimberling<br />
Ms. Peggy Pasquini J.D. '97<br />
Pr<strong>of</strong>essor Malinda L. Seymore<br />
Pr<strong>of</strong>essor Joe Shade<br />
Pr<strong>of</strong>essor Lynne H. Rambo<br />
<strong>Wesleyan</strong> Society Blue<br />
Mr. Clint C. Blackman III J.D. '94<br />
Dean Frank W. Elliott<br />
Pr<strong>of</strong>essor Kay Elliott<br />
George Freeman J.D. '95<br />
Pr<strong>of</strong>essor Charlotte Hughart<br />
Ms. Ellyn M. Ponton J.D. '94<br />
Mr. Jeffrey R. Sandberg J.D. '94<br />
Ms. Patricia L. Summers J.D. '96<br />
<strong>Wesleyan</strong> Society<br />
Ms. Beverly Burk J.D. '97<br />
Mr. William R. DeLoney J.D. '95<br />
Dr. John C. Duncan<br />
Dr. Miriam Espinosa J.D. '95<br />
Ms. Joy Gallagher<br />
Ann Hambleton '97<br />
Pr<strong>of</strong>essor Jim Hambleton<br />
Ms. Dana D. Huffman J.D. '93<br />
Ms. Barbara A. Jouette J.D. '97<br />
Earl and Laura Martin<br />
Ms. Lauren Melton J.D. '97<br />
Mr. Lincoln J. Monroe J.D. '96<br />
Mr. Stephen S. Mosher J.D. '95<br />
Mr. Brent Shellhorse J.D. '98<br />
The Honorable Joe Spurlock II<br />
Mr. Sidney L. Weatherford J.D. '97<br />
Donors<br />
Anonymous Donor<br />
Mr. Edward A. Amack J.D. '94<br />
Ms. Terry Baldwin<br />
Mr. Daniel L. Barnes '76 J.D. '94<br />
Mrs. Donna L. Bowers J.D. '95<br />
Dr. Steven P. Bowers J.D. '95<br />
Mr. Leland R. Caldwell J.D. '96<br />
Mr. Michael D. Crain J.D. '99<br />
Ms. Jean DeWald J.D. '94<br />
Pr<strong>of</strong>essor Anthony M. Dill<strong>of</strong><br />
Mrs. Pamela Donnelly J.D. '96<br />
Mr. Jimmy Evans J.D. '95<br />
Miss Jacque Flynt '97<br />
Pr<strong>of</strong>essor Cynthia L. Fountaine<br />
Pr<strong>of</strong>essor Paul George<br />
Dean Richard Gershon<br />
Mrs. Tomika Hardin<br />
Ms. Carolyn S. Hiebert<br />
Pr<strong>of</strong>essor Gilbert Holmes<br />
Ms. Vicki L. Hopkins<br />
Dr. Robert L. Kaman J.D. '97<br />
Ms. Rebecca Key<br />
Mr. Patrick E. Lacy J.D. '94<br />
Ms. Wendy N. <strong>Law</strong><br />
Ms. Miquela Macias<br />
Mr. Avery McDaniel '94 J.D. '96<br />
Kelley and Lillian McGaha<br />
Mr. Frank W. McIntyre J.D. '96<br />
Ms. Dana Newman<br />
Rita and James O’Donald<br />
Mrs. Cathy J. Parnell<br />
Ms. Michelle M. Payne '96 J.D. '99<br />
Ms. Rita K. Pendergrass J.D. '96<br />
Mrs. Anna Perez<br />
Pr<strong>of</strong>essor Vickie Rainwater<br />
Ms. Susan J. Short J.D. '97<br />
Thanks is also extended to Carolyn Hiebert, business<br />
manager, and Pr<strong>of</strong>essor Denny Ingram for chairing<br />
the law school faculty/staff appeal <strong>of</strong> the 2000<br />
Annual Fund. Many faculty and staff responded with<br />
gifts. Their support is but another sign <strong>of</strong> the dedication<br />
to and concern for the school that is shared<br />
by employees.<br />
The Annual Fund is one <strong>of</strong> several fund-raising efforts<br />
within the University. The Annual Fund supports<br />
the operating budget, helping fund student aid,<br />
faculty and staff compensation, library acquisitions<br />
and facility maintenance, to specify a few areas. Outside<br />
the Annual Fund, gifts can be directed to restricted<br />
program funds, endowment funds and/or facility<br />
funds.<br />
For more information about supporting <strong>Texas</strong><br />
<strong>Wesleyan</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong>, please contact Dr. Cheryl<br />
Gray Kimberling, director <strong>of</strong> external relations, at<br />
(817) 212-4082. ■<br />
Pr<strong>of</strong>essor Richard F. Storrow<br />
Pr<strong>of</strong>essor Anna Teller<br />
Mr. Dwight D. Thompson J.D. '94<br />
Organizations<br />
Kenneth R. Guest, P.C.<br />
RESTRICTED<br />
AND ENDOWMENT GIFTS<br />
Individuals<br />
$1,000+<br />
Mr. George B. Soliman J.D. '94<br />
Pr<strong>of</strong>essor Wylie H. Davis<br />
Dr. Gary E. Fish J.D. '95<br />
$500-750<br />
Mrs. Judith K. Alton J.D. '94<br />
Ms. Patti Gearhart Turner J.D. '94<br />
Up to $199<br />
Mr. John D. Fowler J.D. '94<br />
Mr. Buford D. Waldrop J.D. '94<br />
Corporations<br />
$7,500-9,999<br />
Howie & Sweeney, L.L.P.<br />
$2,500-4,999<br />
Tarrant County Probate<br />
Bar Association<br />
$1,000+<br />
Howell, Dorman, Anderson,<br />
Berg & Smyer<br />
$500-749<br />
Union Pacific Resources<br />
34 Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wy er • Summer 2000 <strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong>
career<br />
services<br />
■ Advice and news briefs<br />
Q. What can I do to prepare for a job interview?<br />
A. When considering employment,<br />
ask yourself the following questions:<br />
Who is the employer? And what does<br />
the interviewer expect <strong>of</strong> me?<br />
Thoroughly research the employer.<br />
Know with whom you are going<br />
to be interviewing (their name, position,<br />
title, etc.). Know the firm: Check the NALP Directory<br />
<strong>of</strong> Legal Employers, Martindale-Hubbell<br />
and personal contacts. Try to get a company brochure<br />
before your interview.<br />
Most interviewers will be looking for maturity,<br />
level <strong>of</strong> knowledge, ability to make good<br />
judgments, communication skills, and basic values<br />
and goals. Therefore, present yourself with<br />
a strong, warm, friendly voice. Speak with confidence,<br />
speak clearly, smile while you are speak-<br />
The semester in review<br />
First Impression Series II,<br />
“The Perfect Suit: For Men Only”<br />
Jay Tollett <strong>of</strong> John L. Ashe, Inc. provided guidance<br />
on choosing what suit, tie and colors are<br />
appropriate when interviewing.<br />
The Secrets <strong>of</strong> the Pr<strong>of</strong>essional<br />
A seminar sponsored by career services and<br />
TYLA designed to give law students tips for<br />
success, both in clerkships and as a practicing<br />
attorney.<br />
Writing Workshop<br />
In a joint effort with Writing Pr<strong>of</strong>essor Vickie<br />
Rainwater, the career services <strong>of</strong>fice invited<br />
James Key '99 <strong>of</strong> the 2 nd Court <strong>of</strong> Appeals in<br />
Fort Worth, Sherry Shipman '99 <strong>of</strong> Shannon<br />
Gracey Ratliff & Miller, L.L.P., retired Chief<br />
Justice John Hill, Ann Diamond <strong>of</strong> the Tarrant<br />
County district attorney’s <strong>of</strong>fice and John<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
ing and most <strong>of</strong> all, be relaxed!<br />
Having the skill to interview well is not necessarily<br />
an innate talent. It is a skill. And like<br />
any skill, it can be learned and even mastered<br />
with practice.<br />
Utilize the resources available to you in your<br />
career services <strong>of</strong>fice. Participate in the Mock<br />
Interview Program and “Experiencing the Perfect<br />
Interview” seminar. These programs are designed<br />
to prepare students to enter the legal job<br />
market with a greater sense <strong>of</strong> confidence.<br />
Good luck in your interviews.<br />
Cathy J. Parnell<br />
Assistant Director <strong>of</strong> Career Services<br />
Murphy <strong>of</strong> Gardner Aldrich & Murphy to participate<br />
in a panel discussion. Participants<br />
provided insights on networking to gain employment<br />
while the career services <strong>of</strong>fice <strong>of</strong>fered<br />
information on preparing cover letters<br />
and résumés.<br />
The Attorney General’s Office<br />
The <strong>of</strong>fice <strong>of</strong> the attorney general hired Kevin<br />
Mullen and Kevin Scrivner as summer interns<br />
to work at least six weeks in Austin.<br />
They will be permitted to rotate among divisions<br />
and work alongside senior attorneys,<br />
gaining hands-on experience in their fields <strong>of</strong><br />
interest.<br />
The FBI<br />
The Federal Bureau <strong>of</strong> Investigation presented<br />
an information session to 60 students and interviewed<br />
15 <strong>of</strong> those students for the Honors<br />
Intern Program and FBI Agent Entry Program.<br />
Candidates will go through a vigorous<br />
application process to determine their eligibility<br />
to join the bureau.<br />
Wesle esle esley esle an an La <strong>Law</strong>y La wy wyer wyer<br />
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35
Thank You, President Schrum<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong> wishes to express its sincere<br />
appreciation to President Jake B. Schrum for his vision <strong>of</strong> making the <strong>School</strong><br />
<strong>of</strong> <strong>Law</strong> a reality.<br />
It was through his efforts in 1992 that the DFW <strong>School</strong> <strong>of</strong> <strong>Law</strong> became affiliated<br />
with <strong>Texas</strong> <strong>Wesleyan</strong> University. Under Schrum’s leadership, the law school<br />
has flourished, earning provisional accreditation from the American Bar<br />
Association in 1994 and full accreditation in August 1999.<br />
The <strong>School</strong> <strong>of</strong> <strong>Law</strong> also wishes to recognize the accomplishments Schrum<br />
has achieved for the broader school community as well. During his nineyear<br />
tenure as president, the University's endowment has more than doubled<br />
from $22 million to $44.7 million, and the enrollment has increased from<br />
1,429 to 3,000 students. The Annual Fund also has doubled from $450,000<br />
to just over $900,000. A Weekend University, an MBA program, a distance<br />
learning program in graduate education, as well as a bilingual education<br />
program were established. <strong>Texas</strong> <strong>Wesleyan</strong>'s budget has grown from $11<br />
million to $32 million in just nine years.<br />
The <strong>School</strong> <strong>of</strong> <strong>Law</strong> wishes President Schrum much success, both pr<strong>of</strong>essionally and personally, as he assumes his<br />
new role as president <strong>of</strong> Southwestern University, his alma mater, in Georgetown, <strong>Texas</strong>.<br />
Wes eyan<br />
<strong>Law</strong>yer<br />
<strong>Texas</strong> <strong>Wesleyan</strong> University <strong>School</strong> <strong>of</strong> <strong>Law</strong><br />
1515 Commerce Street<br />
Fort Worth, <strong>Texas</strong> 76102<br />
Non-Pr<strong>of</strong>it Org.<br />
U.S. Postage<br />
PAID<br />
Ft. Worth, Tx.<br />
Permit No. 2193