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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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15


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 />

er • Summer 2000<br />

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 />

er • Summer 2000<br />

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 />

er • Summer 2000<br />

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 />

er • Summer 2000<br />

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

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