BOARD OF COUNCILORS WELCOMES NEW MEMBERSThe <strong>USC</strong> Board <strong>of</strong> Councilors, which has served forthe past three decades in an unparalleled advisorycapacity to the president <strong>of</strong> the <strong>University</strong>, is anintegral component <strong>of</strong> the on-going success <strong>of</strong> the <strong>Law</strong><strong>School</strong>. In contrast to other <strong>USC</strong> support groups, whichdraw their membership from the ranks <strong>of</strong> <strong>USC</strong> graduatesonly, the board has always consisted <strong>of</strong> both graduates <strong>of</strong>the <strong>University</strong>, as well as those who obtained theirdegrees from other prominent institutions.The Board <strong>of</strong> Councilors formally meets two timesannually, but considers various aspects <strong>of</strong> the <strong>Law</strong><strong>School</strong>'s operations throughout the year, to <strong>of</strong>fer suggestionson issues ranging from endowments to continuingeducation efforts. The Board <strong>of</strong> Councilors continues tobe an important, vital body dedicated to the continuedsuccess <strong>of</strong> the <strong>Law</strong> <strong>School</strong> as it celebrates its centennial.The Board <strong>of</strong> Councilors is proud to announce theappointment this year <strong>of</strong> four new members, all <strong>of</strong>whom are <strong>Law</strong> <strong>School</strong> graduates: Jean Murrell Adams,Hodge L. Dolle, Stephen P. Rader, and Robert L. Skinner.Jean Murrell Adams '86, heads the litigation departmentat DreamWorks SKG. In that capacity, she oversees allpre-litigation and litigation matters relating to Dream-Works' theatrical, television, and home video divisionsworldwide. An active member <strong>of</strong> numerous bar associations,she is a former <strong>of</strong>ficer <strong>of</strong> the Black Women<strong>Law</strong>yers <strong>of</strong> Los Angeles and the Black Women <strong>Law</strong>yersFoundation. She has also served on the Los AngelesCounty Bar Association Commercial <strong>Law</strong> and BankruptcyCommittee and the State Bar <strong>of</strong> California EthnicMinority Relations Committee.Hodge L. Dolle '61, has served as chief counsel innumerous eminent domain and inverse condemnationjury trials in California, Nevada, and Texas, representingboth property owners and government bodies. Hisnumerous pr<strong>of</strong>essional and civic affiliations include hisposition as vice chair <strong>of</strong> the Los Angeles City Board <strong>of</strong>Zoning Appeals; his appointment by Los Angeles MayorRiordan to the Mulholland Scenic Parkway DesignReview Board; his membership as a fellow <strong>of</strong> the AmericanCollege <strong>of</strong> Trial <strong>Law</strong>yers; and numerous AmericanBar Association committees.Stephen P. Rader '81, is the co-founder <strong>of</strong> Rader ReinfrankInvestors, which manages a private equity fundproviding long term capital, management support andfinancial expertise to emerging growth companies in thecommunications, telecommunications, media and electroniccommerce industries. Prior to his founding <strong>of</strong> thecompany, he was the managing director <strong>of</strong> ChartwellPartners, a private investment firm controlled by A. JerroldPerenchio. He also currently serves as director <strong>of</strong>OneS<strong>of</strong>t, TelePacific, and eMind.com.Robert L. Skinner '90, is executive vice president <strong>of</strong> theTowbes Group, Inc., where he concentrates his practicein complex business litigation, and construction andreal estate law. He also serves on the board <strong>of</strong> directors<strong>of</strong> Montecito Bank & Trust and was named as its GeneralCounsel in 1998. Among his many charitableendeavors is his service on the boards <strong>of</strong> directors <strong>of</strong>Camerata Pacifica, the Boys and Girls Club, and thedevelopment committee <strong>of</strong> the Santa Barbara Zoo.Jean Murrell Adams '86Hodge L. Dolle '61Stephen P. Rader ‘81Robert L. Skinner '90"I believe that I bring to the Board aunique perspective, which has beenenhanced by my role as a mentor andemployer <strong>of</strong> <strong>USC</strong> <strong>Law</strong> <strong>School</strong> students,particularly minority and women. I amvery proud <strong>of</strong> the part I have played intheir lives. This appointment is a greathonor for me and I am looking forward tomaking a significant contribution both tothe Board and the <strong>University</strong> at large.”“I believe the simplest way to expressmy philosophy <strong>of</strong> giving to the <strong>University</strong>is to say I'm in good company. The<strong>University</strong> <strong>of</strong> Southern California hasalways depended heavily on loyalalumni for funding. Judging from ourgrowth and ever-increasing reputationfor excellence, it is clear that ourcontributions are in good hands."“My personal debt to <strong>USC</strong> <strong>Law</strong><strong>School</strong> is considerable. Although Ino longer practice law, my legaleducation is an integral part <strong>of</strong> mysuccess as a venture capitalist. I amhonored to be on the Board <strong>of</strong> Councilorsand look forward to theopportunity to participate in thelife <strong>of</strong> the <strong>Law</strong> <strong>School</strong>.”"My legal education has served me well,proving invaluable in my present endeavorsas Executive Vice President <strong>of</strong> The TowbesGroup, Inc., a real estate development companyin Santa Barbara, and as a member <strong>of</strong>the Board <strong>of</strong> Directors and General Counsel<strong>of</strong> Montecito Bank & Trust. I feel both privilegedand honored to be a part <strong>of</strong> the Board<strong>of</strong> Councilors and look forward to servingthe <strong>University</strong> in that role."20 <strong>USC</strong> LAW • SPRING 2000<strong>USC</strong> LAW • SPRING 200021
JUDGE ROSEMARY BARKETT EXPLORES “HOT TOPICS” OF JUDICIALACTIVISM AND JUDICIAL INDEPENDENCE IN 1999 ROTH LECTUREThe Honorable Rosemary Barkett,judge <strong>of</strong> the United States Court <strong>of</strong>Appeals for the Eleventh Circuit,addressed what she deemed two <strong>of</strong> the“hottest topics <strong>of</strong> the legal moment,” as shedelivered the Lester Roth Lecture on Thursday,October 7, 1999 in Town and Gown.In her lecture, Judge Barkett explored thedual concepts <strong>of</strong> judicial independence andactivism, which tend to be treated “entirelyseparately - as though one concept hasnothing to do with the other.” According toJudge Barkett, current interest in judicialindependence, as evidenced through theabundance <strong>of</strong> symposia on the subjectincluding the most comprehensive one,<strong>USC</strong> <strong>Law</strong> <strong>School</strong>’s Judicial Independenceand Accountability Symposium on November20-21, 1999, is partially the result <strong>of</strong> theprior “hot topic <strong>of</strong> choice,” judicialactivism. Although Judge Barkett is quickto explain “concerns and complaints aboutjudicial independence or activism are notnew in our history,” she was nonethelesssurprised at their coverage in the media. Ina review <strong>of</strong> the popular press, Judge Barkettdiscovered that the two topics are rarelydiscussed together and that each <strong>of</strong> theareas was “value-laden” with judicial independencebeing perceived as “good,” andjudicial activism as “bad.” In her estimation,these labels can be partially attributedto the use <strong>of</strong> judicial activism as a “conclusionarycatch-all label for ‘bad’ judging,assuming a never stated preexisting definitionthat would somehow be commonlyunderstood.” Alluding to what she deems“the demonization <strong>of</strong> this phrase,” JudgeBarkett believes that the phrase judicialactivism has come to be accepted withoutquestion as “the equivalent <strong>of</strong> bad judicialaction when, in fact, every judicial actionoperates within a range <strong>of</strong> ‘activism.’”Judge Barkett encouraged the audience tochallenge and ultimately dispense withlabels, stating, We have for too long nowcheated ourselves <strong>of</strong> meaningful debate bypermitting facile but empty phrases to takethe place <strong>of</strong> sustentative conversations.”Currently presiding judge <strong>of</strong> the U.S.Court <strong>of</strong> Appeals for the 11th Circuit, JudgeBarkett was the state <strong>of</strong> Florida’s firstfemale chief justice. Born in Mexico, JudgeBarkett became a U.S. citizen beforeembarking on a career teachingelementary and juniorhigh, primarily as a member <strong>of</strong>a religious teaching order. Shegraduated summa cum laudefrom Spring Hill College(1967) and received her J.D.from the <strong>University</strong> <strong>of</strong> Florida<strong>Law</strong> <strong>School</strong>, Gainesville(1970), where she was honoredas outstanding senior graduate.Following only eightyears <strong>of</strong> private civil and triallaw practice in Florida, shewas named to Florida’s fifteenthjudicial circuit in 1979.Three years later, she becamethe administrative judge <strong>of</strong> thecourt’s civil division, and oneyear later, the court’s chiefjudge. Her career as an appellatejudge began with herappointment in 1984 to the fourth districtcourt <strong>of</strong> appeal. After only one year, shebecame a justice <strong>of</strong> the Florida SupremeCourt and in 1992, became the state’s firstfemale chief justice, a position she helduntil her appointment by President Clintonto the United States Court <strong>of</strong> Appeals in1994. A highly respected jurist known forthe incisiveness <strong>of</strong> her questions at oralargument and the scholarly sophistication<strong>of</strong> her judicial opinions, Judge Barkett hasreceived many distinctions, including sevenhonorary degrees and more than a dozenprestigious awards, which include the ABAMinority Justice Award, the Distinguishedjurist Award from Mississippi State <strong>University</strong>,and the Latin Business and Pr<strong>of</strong>essionalWomen Lifetime Achievement Award.The annual Roth lecture is a tribute tothe life and career <strong>of</strong> The Honorable LesterW Roth, 1895-1992, former presiding justice<strong>of</strong> the California Court <strong>of</strong> Appeal for theSecond Appellate District. The lecture isone <strong>of</strong> a series funded by the Louis and FlorenceCohen Philanthropic Fund <strong>of</strong> the JewishCommunity Foundation <strong>of</strong> Los Angeles.Judge Barkettbelieves that thephrase judicialactivism hascome to beaccepted withoutquestion as “theequivalent <strong>of</strong> badjudicial actionwhen, in fact,every judicialaction operateswithin a range<strong>of</strong> ‘activism.’”CHARTING THE COURSEA SPECIAL MESSAGE FROM THE ACADEMIC DEANBY SCOTT ALTMAN, FRED H. & VIRGINIA S. BICE PROFESSOR OF LAW AND ASSOCIATE DEAN“Many <strong>of</strong> us whowork at <strong>USC</strong>consider <strong>Scott</strong>our teacherbecause he hashelped us to growand flourish inour own careers.”– <strong>Scott</strong> AltmanAs <strong>USC</strong> <strong>Law</strong> <strong>School</strong> celebrates <strong>Scott</strong><strong>Bice</strong>’s 20-year deanship, many willpay tribute to his accomplishmentsas a scholar, administrator, fund raiser,leader, teacher, and friend, and will highlightthe important role that Barbara playedin these endeavors. I want to add my ownvoice to those who thank <strong>Scott</strong>.<strong>USC</strong> <strong>Law</strong> <strong>School</strong> would not be the extraordinarycenter <strong>of</strong> learning and scholarshipthat we all know today without his long andeffective leadership. His contributions canbe seen in virtually every facet <strong>of</strong> the institution.I want to emphasize one contributionthat fortunately will continue for many years- <strong>Scott</strong> <strong>Bice</strong>’s accomplishments as a teacher.I regret never having been a student inone <strong>of</strong> <strong>Scott</strong>’s classes, which, by all accounts,are extraordinary. Although many <strong>USC</strong> <strong>Law</strong>faculty are popular and effective teachers,<strong>Scott</strong> <strong>Bice</strong> is praised more than any otherteacher here for his combination <strong>of</strong> clarityand creativity. Students respect <strong>Scott</strong> fordemanding that they work hard, whileinspiring them to accomplish their best. HisTorts class (which he has taught every year<strong>of</strong> his deanship) has been described as an ideal way to learneffective legal argument and case analysis. Students leavehis class with a better understanding <strong>of</strong> pr<strong>of</strong>essionalism,having seen its virtues so clearly manifest in their teacher.Those students lucky enough to be assigned to <strong>Scott</strong>’sTorts class are not the only ones who see his skills and commitmentas a teacher. All <strong>of</strong> us at <strong>USC</strong> - students, faculty,staff, administrators, and alumni - have benefited from<strong>Scott</strong>’s teaching. He has provided us with lessons in how tolive honorably, motivate others, think carefully, disagreeagreeably, and most importantly, how to teach well.This last lesson has become increasingly difficult.Good teaching has always required the skills <strong>Scott</strong> <strong>Bice</strong>exhibits - careful listening, organized presentation, imaginativeand lively questions, an intuitive feel for what othersunderstand, and demonstrations <strong>of</strong> respect for students.Lately, however, teachers must also struggle totreat students as students, rather than as consumers.Students <strong>of</strong>ten present themselves as consumers. Withtuition at many private law schools over $25,000 per yearand rising, students expect more than knowledge andskills for their money. They want services, ranging fromjob counseling and assistance in finding suitable positions(not just in California but nationwide), to excellent technology(such as fast computers with largemonitors, and well-designed web pageswhere they can find applications to theschool, class schedules and materials, andtheir grades), specialized courses, and individualizedadvice on studying and test-taking.Of course, providing these servicesrequires hiring more administrators, whichincreases tuition costs and heightens students’expectations even further. Part <strong>of</strong><strong>Scott</strong> <strong>Bice</strong>’s success as a teacher and deanhas been his skill in treating students asconsumers when it is appropriate, insistingthat we give them effective and respectfullydelivered services. At the same time, hedoes not treat students as consumers in theclassroom. He neither presumes that studentsknow best what they need to learn,nor defers to student requests for convenientlypackaged and easily digested lectures.<strong>Scott</strong> <strong>Bice</strong> provides students withwhat, in his judgement, they need - challengesat every turn.We also face occasional pressure to treatstudents as reputational enhancements.With the various law school ratings fosteringcompetition for students with high LSAT scores, andmany schools directing their admissions and other policiestoward the ratings, one might lose sight <strong>of</strong> our dutiesto our students and to the pr<strong>of</strong>ession. <strong>Scott</strong> <strong>Bice</strong>’sinstincts as an excellent teacher have made him a successfuladministrator for facing such challenges. Because<strong>Scott</strong> never loses sight <strong>of</strong> our teaching mission, he recognizesthat selecting the best students and providing themthe best education could <strong>of</strong>ten be compromised by cateringto ratings. Although our national ratings have in factbeen quite good, <strong>Scott</strong> has not emphasized them. Rather,he has been a national leader in resisting this temptationand focusing on our academic goals.Finally, many <strong>of</strong> us who work at <strong>USC</strong> consider <strong>Scott</strong> ourteacher because he has helped us to grow and flourish in ourown careers. By giving us his trust and support, he hasallowed many <strong>of</strong> us to learn new skills and to pursue seeminglyimpossible goals. But for <strong>Scott</strong>’s kindness and encouragement,I would not have succeeded so well as a scholar,nor, more recently, have found a way to serve the school sohappily as associate dean. I know that I am hardly alone infeeling this way among those who work here.On behalf <strong>of</strong> all <strong>Scott</strong> <strong>Bice</strong>’s students - in the classroom,and elsewhere - thank you for all you have taught us.22 <strong>USC</strong> LAW • SPRING 2000<strong>USC</strong> LAW • SPRING 200023