NOTA BENE - University of Baltimore

UNIVERSITY OF BALTIMORENOTABENEp. 22Meet New DeanPhillip J. Closiusp. 36Making Timefor Pro Bonofall 2007SCHOOL OF LAW MAGAZINEServing ‘Katrina Time’:law students aidprisoners the stormleft behind p. 26

UNIVERSITY OF BALTIMORE SCHOOL OF LAWNOTABENEEditorButhaina Shukri, M.S. ’00Managing EditorCatherine LeidemerAssistant EditorGiordana SegneriCreative DirectorGigi BoamGraphic DesignerMaureen WeissPhotographyLarry CannerRuss CurtisChris HartloveChris KeaneRichard Lippenholtz, B.S. ’74David Rae MorrisRich RigginsContributorsMark BellLinda CortezKaren Rae HammerHelen HarnettChris HartChristianna McCauslandMary MedlandKristin Redmon, M.A. ’05Elizabeth Schuman, M.A. ’94Claire SmearmanLaurie TerBeekStephen TurgiAs a UB law alumnus, you are an integral partof a larger effort to impact the lives ofmany and, ultimately, to advance our society.Our alumni are constantly recognized for using their skills and knowledge to furtherlegal discourse and justice; they work hard to effect change throughout not only thecity and state, but also the region and beyond.To maximize your impact even further, we ask that you consider contributing to theUB School of Law’s Annual Fund. Your gift will enable future alumni to follow inyour footsteps and continue UB’s legacy of reaching out and giving back at all levels.For more information, contact the law school at 410.837.6797 or lawalumni@ubalt.edu.School of Law DeanPhillip J. ClosiusComments, Suggestionsand InquiriesCatherine LeidemerUniversity of BaltimoreOffice of University Relations1420 N. Charles St., AC 338Baltimore, MD 21201; orcleidemer@ubalt.eduWeb Sitewww.ubalt.edu/notabeneNota Bene is published annually bythe University of Baltimore Schoolof Law. The magazine welcomesfeedback from readers. Lettersreceived may be published (withthe author’s permission) in a futureissue of the magazine.The University of Baltimore is amember of the University Systemof Maryland.UR07.034 08.07:15k

9 22 2632 36NOTABENEFEATURESCOLUMNSThe Future of Law and OrderThe courtroom scenes may not be as intense as those on the hitdrama Law & Order, but as part of an innovative pilot programdeveloped by UB and the police academy, law students and policeofficer trainees try their hands at a day in court.By Giordana SegneriMovin’ on Up:New Law Dean Sets Sights HighPhillip J. Closius has wasted no time since his July arrival as the newdean of the UB School of Law. Energized by the school’s potential,he’s already making impressive strides toward his goal of turning thisinstitution into an even greater force to be reckoned with.By Elizabeth Schuman, M.A. ’94Serving ‘Katrina Time’:Law Student Volunteers AidPrisoners the Storm Left BehindNot everyone in New Orleans could flee when the storm hit; inKatrina’s aftermath, many of the city’s prisoners found themselves suddenlydisplaced to various facilities without their records, attorneysor support systems. As an already troubled justice system strugglesto recover, UB law students join the effort to help those prisonersstuck serving a seemingly endless sentence of “Katrina time.”By Christianna McCausland‘Knowledge That Works’for a Good CauseWhile countless UB law graduates go on to forge successful legalcareers at prestigious firms, many take the University’s mottoof “Knowledge That Works” to heart and use their law degreesin a different way. Here, read about four alumni who areworking to change the world for the better.By Mary MedlandFor the Public GoodFor Saul Ewing’s Charles O. Monk II, pro bono work is more thanjust a hobby—it’s a commitment. This year, the University ofBaltimore Students for Public Interest group recognized Monk at itsannual auction for his remarkable feat of leading his firm’s attorneysto a 99 percent participation rate in its pro bono program.By Giordana Segneri9222632362 Dean’s Message3 Up Front• New Part-Time Day Program Debuts• Q&A: Associate Dean Donald Stone on disability law,volunteerism and surviving law school• Law Clinics Celebrate 20 Years, Honor ProfessorJane C. Murphy With Endowed Professorship10 Faculty Updates11 Faculty Briefs18 Faculty Article: “Viewing North Country:Sexual Harassment Goes to the Movies”By Rebecca Korzec20 Faculty Article: “Foster Children Payingfor Foster Care” By Daniel L. Hatcher38 Student File39 School of Law Calendar of Events41 Development44 Alumni48 Closing Argument: Spotlight-savvy attorneyJohn P. Coale, J.D. ’72, takes readers behind thefront lines of the sensational Big Tobacco lawsuit.49 Farewell to Former Dean Gilbert A. Holmes»ON THE COVERThird-year law student Angela Novy helped lead UB’schapter of the Student Hurricane Network in a weeklongvolunteer effort that largely aided New Orleans prisonerswho became lost in the legal system after Hurricane KatriUNIVERSITY OF BALTIMORE SCHOOL OF LAW MAGAZINE 2007-08

DEAN’S MESSAGEI am honored to be addressing you for the first time as the new dean of theUniversity of Baltimore School of Law. During the interview process, I wasfrequently asked why I wanted to be the dean of this law school; myunwavering answer was the people I met during my visits to Baltimore. Thelaw school community—faculty, staff, students and alumni—andthe University administrators all impressed me with their affection for theSchool of Law and their desire to see it prosper. In the time I have spentin Baltimore since my appointment, my initial impressions have been consistentlyconfirmed. I am excited to have joined such committed andaccomplished individuals.■ This law school is already an excellent academic institution, and I believe that it has unlimitedpotential. We need to do a better job of marketing the school and making sure that our peers, employersand prospective students understand all of the wonderful initiatives that are currently underway. ■ Inaddition, I emphasize the importance of classroom teaching and personal service. Although this may seemdifficult to achieve in a school of our size, the faculty and staff have successfully created such an environmenthere. I will do everything I can to enhance those attributes during my deanship. ■ I recognize thatlaw schools can improve their national reputation while becoming more involved with their communities.One of my goals is to increase our national stature while never forgetting that the city of Baltimore is anintegral part of our identity. ■ I was also attracted to UB by the vision of President Robert L. Bogomolnyand Provost Wim Wiewel. Both are dedicated to ensuring the law school’s continued success. TheUniversity has already made significant financial commitments to increase the amount of studentscholarships and to renovate the John and Frances Angelos Law Center. The personal commitment of thepresident and provost creates an environment that enhances opportunity and success. ■ I look forwardto meeting and working with many of you during my deanship. With your help, I am confident that wecan build on our tradition of success to create an even more exciting future. I am grateful for the trust youhave placed in me by making me your dean, and I will do my best to make the UB School of Law aninstitution that you will be proud to call your own. ■Very truly yours,2 NOTA BENE fall 2007Phillip J. ClosiusDean, University of Baltimore School of Law

UP FRONTLegal CommunitySurveyed to HelpEnsure Practice-ReadyGraduatesIn an effort to enhance the impact of its graduates on the state’s legal profession in both the public andprivate sectors, the University of Baltimore School of Law released a survey in March 2007 inviting practicingattorneys and judges to identify the profession’s essential skills. The Bench and Bar Survey coveredthree fundamental subject areas—professional skills, legal knowledge and professional values—and wasavailable online at the Maryland State Bar Association and UB law school Web sites.Former law Dean Gilbert A. Holmes explains that the survey was designed to “gauge the overalleffectiveness of the school’s curriculum, including the amount of time and energy devoted to preparinglaw students for a life in the practice of law.” According to the 160 survey respondents—12 percent ofwhom were judges—the top five professional skills identified as being vital to the success of a new lawyerwere, from most to least important: written communication, legal analysis and reasoning, drafting legalcommunication and (tied for fourth place) legal research and oral communication.A report summarizing the findings will be made available and shared, at a minimum, with facultyfor their consideration during curriculum development.New Part-Time Day ProgramDebuts With Student Success in MindKeeping students’ needs first and foremost, the UB School of Law introduced a new Part-Time LimitedDay Program this fall, allowing incoming students to complete their first year in three continuous semesters—fall,spring and summer. Instead of taking five classes in the fall, students take three classes and makeup the remaining two classes—Torts and Criminal Law—the following summer.This program option is an effective academic-support tool, says law Dean Phillip J. Closius. “Thereduced load in the first semester allows for an easier transition to the rigors of law school,” he says.“In a traditional setting, many students receive a low GPA in the first semester and, even with successin later semesters, never really recover.”Students take the same five courses during their first spring semester as do students in theFull-Time Day Program. By the beginning of the second year, students in the program are attendinglaw school full time with their 2L peers. An additional benefit of the new program is that it providessmaller sections during the first year of law school.“The program allows the law school to continue its access mission while ensuring that students havea better chance of success in law school and on the bar,” Closius says.Law Library NowOffers ValuablePatent InformationLawyers, entrepreneurs, research firms, inventors and would-be inventors now have a valuable resourceavailable at the UB School of Law with the Law Library’s recent designation as a Patent and TrademarkDepository Library. As one of only two PTDLs in Maryland and one of 83 nationwide, the Law Libraryhas access to U.S. Patent and Trademark Office databases and search engines that allow researchers to tapinto the genius of American inventors since the founding of the patent office in 1790. UB law librarianshave received extensive training on patent searching and are available to assist patrons.Patent information is useful for identifying a new idea’s patentability, determining the state of the artin a particular field, gathering competitive intelligence and conducting genealogical and other historicalresearch. Patrons at the Law Library have access to PubWEST, which is the same search engine used byPTO patent examiners. It allows researchers to search European, Japanese and other foreign patentabstracts; save data for statistical analysis; and page easily throughsearch results without having to back in and out of the data repeatedly.http://law.ubalt.edu 3

UP FRONTQ&ADonald Stoneassociate dean for academic affairs and professor of lawon disability law, volunteerism andsurviving law school | By Catherine LeidemerDonald Stone, associate dean for academic affairs and professor oflaw, has spent the better part of 20 years imparting his knowledge andexpertise upon class after class of students at the University ofBaltimore School of Law. First arriving at UB in 1989 as an associateprofessor and director of clinical education, Stone brought with him anextensive background in community involvement and disability andmental health law and has established himself as a recognized andprolific expert in those areas. At the same time, he has become intricatelyinvolved with all aspects of the University and the community,receiving the UB Alumni Association’s Spirit of Excellence Award twicein recognition of his achievements and volunteer work and earning theOutstanding Teaching by a Full-Time Faculty Member award from thelaw school in 2007.Before joining the faculty at UB, Stone spent several years directingthe Youth Advocacy Clinic at the University of Richmond’s T.C. WilliamsSchool of Law. He also served as a staff attorney for the Central VirginiaLegal Aid Society and the Virginia Developmental Disabilities Protectionand Advocacy Office.A graduate of Rutgers University—where he played percussion inthe marching band—and Temple University School of Law, Stoneinterned at the Temple Legal Aid Office and in the Child Advocate Unitof the Defender Association of Philadelphia. He has publishednumerous law review articles and received the Maryland BarFoundation’s Award for Legal Excellence in the Advancement of theRights of the Disadvantaged in 1998. He volunteers as a pro bonoattorney for the Maryland Office of the Public Defender’s Mental HealthDivision, has served on the board of the Maryland Disability Law Centerfor the past 15 years and is active in numerous other volunteer projects.Q: You’re recognized in the media and among your peers as an authority ondisability and mental health law. When and why did you first develop an interestin these areas?A: My interest in public service started as a law student at Temple UniversitySchool of Law in the mid-’70s. I worked in the Child Advocacy Unit of thePhiladelphia public defender’s office, addressing issues related to child abuseand neglect. I also worked at the Temple Legal Aid Office, where I was exposedto the plight of the poor and disadvantaged. This is where I first recognized myinterest in children and the disadvantaged.Q: Your other areas of expertise include education and employment discriminationof the disabled. You’re clearly an advocate for the underdog. What promptedyou to devote a career to this pursuit?A: It all starts with the values instilled by your parents. I was fortunate to beraised by two wonderful parents, both of whom were teachers. My mother taughtsecond grade and was the type of individual who saw the best in everyone. Sheimparted values of caring for those in need, especially the poor. Her father—mygrandfather—was blind, and my memory of him was formed in large part by hisovercoming his disability. My father, a college professor, taught me the importanceof hard work. Neither of my parents was materialistic; instead, they encourageddedication to one’s craft and caring more about the work.I dedicate some of my time to helping others, working, for example, withfoster children in a summer camp that reunites children with their siblings whowere separated during a child abuse or neglect situation. My volunteer work isdone in some small part to encourage my children to do the same. It would seeminsincere to encourage my children to help others if I don’t practice what Ipreach. I consider volunteering sort of a family affair. My wife, Linda, a TowsonUniversity professor who teaches family studies, does her part as well. She has4 NOTA BENE fall 2007

volunteered at the Women’s Housing Coalition since 1998. My wife andI consider volunteering part of being a member of the community.My older son, Ben, 24, is a graduate student studying urban planning at theMassachusetts Institute of Technology. He just returned from a trip to NewOrleans, where he was working in the 9th Ward to help renovate the community.My son Jacob, 22, who just graduated from the University of Maryland, has doneweekly volunteer work for the past three years with children in Washington, D.C.,whose families have been impacted by AIDS. I am very proud of my children,especially when I see them giving back to their community.Q: What kind of legal progress have we made in these areas since you beganpracticing law?A: With the enactment of the federal mandate for a free and appropriate publiceducation for disabled children in the late ’70s, disabled children have beenprovided with an education in the least restrictive environment. These disabledchildren are now entering adulthood and are knocking on colleges’ doors,seeking admission. Universities, including law schools, are seeing an increase indisabled students. Furthermore, more disabled individuals have entered the workforce, which presents challenges for employers as far as providing reasonableaccommodations. I am currently working on a scholarship piece on the challengesfacing law firms as they accommodate the disabled lawyer.Q: On the other hand, what are the highest-priority challenges that lie ahead,particularly regarding disability law? Have you taken on any causes in particular?A: Individuals with mental illness continue to pose the greatest challenges in ourcommunity. There continues to be a stigma attached to being diagnosed with amental illness, and discrimination exists, as a result, in employment, housing andother settings. For the past 15 years, I have volunteered with the Office of thePublic Defender’s Mental Health Division, representing mentally ill individualswho have been the subject of involuntary civil-commitment proceedings. Thispro bono work allows me to engage in the practice of law and bring my realclient experiences into the classroom.Recently, I have started volunteering with the Homeless PersonsRepresentation Project, interviewing homeless persons in need of legal assistance.This outreach program aims at meeting the homeless individuals in theshelter where they temporarily live. They are a segment of our community whoexperience significant discrimination and stigma.Q: What are today’s hot-button issues regarding disability law in Maryland?A: Children with mental and physical disabilities seeking a free and appropriatepublic education in Maryland’s public schools continue to be a hot-button issue.Unfortunately, the relationship between parents of disabled children and schoolsystems has become highly adversarial and confrontational. Marylanders who arementally ill are another hot-button issue, as community-based care and treatmentrequire additional funding to meet the needs of these individuals.Q: In the wake of the Virginia Tech tragedy, what is your view on Maryland’smental health laws—should it, as some claim, be easier to involuntarily commitindividuals who could be dangerous to themselves or others?A: This is a complex issue with no easy solution. Persons with mental illnesscontinue to be unfairly classified as dangerous individuals, while the reality is thatthey are, more often than not, victims of violent crimes. Treatment options for thementally ill should primarily be focused on community-based treatment, and onlywhen individuals pose a significant danger to themselves or others should they beinvoluntarily civilly committed. Families touched by mental illness require supportand understanding, an important value that is often missing from the picture.Q: What must today’s law students understand about disability and mental healthlaw to best serve their future clients?A: A significant number of individuals have either a mental or physical disability.In all areas of the community, ranging from education and employment tohousing and commerce, lawyers will interact with persons with disabilities.Understanding their unique needs and appreciating their individuality is somethinglaw students should understand. It is important for law students to besensitive to the needs and issues that persons with disabilities may face,including discrimination in employment, denial of housing and access to healthcare, to name a few.Q: Which classes do you currently teach at UB?A: I teach Criminal Law and the Law and Disabilities Seminar. In the past, I havealso taught the Criminal Practice Clinic and the Disability Law Clinic, two liveclientexperiences providing law students with an opportunity to practice lawunder the watchful eye of an attorney/law professor.Q: Which do you most enjoy?A: I enjoy the challenges and excitement that both courses present. CriminalLaw, a first-semester law school course, is extremely enjoyable because of thefresh and eager new law students. Some lack confidence, often stressed outover the enormous amount of work that law school brings. I try, in my small way,to keep a sense of humor and remind first-year law students that they areentering a wonderful profession in which great things are possible. I also remindthem that they will make lifelong friends and that their classmates are a sourceof friendship and strength. I recognize the importance of expanding their minds,encouraging them to see various points of view and to challenge their preconceivednotions of how things should be.Throughout their time in law school, students are on a continuous journey todiscover their path and passion for the law. I particularly enjoy encouragingstudents to recognize their strengths as they embark on their journey. In my Lawand Disabilities Seminar, students have an opportunity to undertake an in-depthanalysis of a particular area of disability law. As this course is an elective, somestudents come to the course with an interest in this area, and I am able to helpshape their legal research and writing skills. I also encourage them to see thepossibilities, both in their own lives and in the community at large.Q: You’ve worked at UB for nearly 20 years now. What is it about the law schoolthat has enticed you to spend a good part of your career here?A: Seeing the growth and development of law students is one of the best partsof teaching here, as is encouraging students to expand their sights and try newand challenging endeavors, all with a goal of finding their true passion. TheUniversity of Baltimore School of Law is a place where students are encouragedto find their path, challenge their views and spread their wings. The intellectuallystimulating environment of UB is one I enjoy each and every day. I am thankfulthat I found a place where respect for others and encouragement for excellenceis a major focus.http://law.ubalt.edu 5

UP FRONTNew Clinic, Law Students ProtectRights of Maryland ImmigrantsIn August, the University of Baltimore School of Law launched theImmigrant Rights Clinic, a new, live-client clinic dedicated to assistingimmigrants in Maryland. Through this initiative, student attorneys willacquire hands-on experience in the complex world of immigration lawand, under student-practice rules in the Baltimore Immigration Courtand the District Court of Maryland, will help their clients navigateasylum, family law, employment and housing issues.The Immigrant Rights Clinic is a product of the Immigrant RightsProject, which former UB law clinical fellow Helen Harnett established in2005 to reach out to Maryland’s burgeoning immigrant community andto involve students in cutting-edge legal issues. Originally a part of theCivil Advocacy Clinic, the project has provided students with invaluableexperiences that range from representing immigrants fleeing persecutionin Central America, Africa and Eastern Europe to representing immigrantsin landlord-tenant, employment law and consumer protection matters.At the helm of UB’s newest clinic is Claire Smearman, a visitingassociate professor who arrived at UB from the clinical program atAmerican University’s Washington College of Law in fall 2007. AtAmerican, Smearman supervised students representing immigrantclients such as women trafficked into prostitution and a Cameroonianchild filing for Special Immigrant Juvenile Status; she also taughtwomen’s international human rights law.“Baltimore has an extremely diverse immigrant community,” saysSmearman, who spent 15 years practicing family law in Baltimore.“It’s wonderful that the new clinic will give even more UB law studentsthe opportunity to address the challenging legal and cultural issuesthat arise for immigrants.”Update:Law AdmissionFacts andFiguresAs in previous years, the numberof applications the University ofBaltimore School of Law receivedin 2006 remained competitive. The382 members of the 2006 enteringclass hold spots that were covetedby 2,942 applicants. Recruitingtrips focused on the East Coast,most notably New York, Atlantaand Florida; however, for thesecond year in a row, the numberof applications received remainedhigher than national averages.With a new dean on board,new ideas are being implementedto enhance the recruiting process—in particular, the conversionof admitted students to registeredones. Last spring, law admissionshosted events especially for admittedapplicants—scholarship recipientshad a separate reception—with the goal of further educatingthem about what the School ofLaw could offer. Other eventsincluded open houses and theMinority Law Forum, a lawadmissions event co-sponsoredwith the Asian and PacificAmerican Law StudentAssociation and the BlackLaw Students Association.For the 2007-08 recruitingseason, the admissions staffexpects to visit every collegewithin a three-hour commuteof the law school.2006SCHOOL OF LAW ENTERING CLASS15% MINORITY85% NONMINORITYMALE 45%FEMALE 55%34% OUT OF STATE66% MARYLAND RESIDENTMEDIAN LSAT 153MEDIAN GPA 3.2APPLICANTS2006 2,9422005 3,3382004 2,9422003 2,6632002 2,286ACCEPTANCES2006 1,2012005 8732004 9382003 8022002 737ENROLLMENT2006 3822005 3282004 3492003 3222002 3056 NOTA BENE fall 2007

Above, l. to r.: Professor andClinics Director Robert Rubinson;UB President Robert L. Bogomolny,former Dean Gilbert A. Holmes,honoree and Professor Jane C.Murphy and RubinsonClinics Celebrate 20 Years, Honor MurphyWith Endowed ProfessorshipTwenty years of providing nationally acclaimed clinical legal education is certainly a cause for celebration, and theUB School of Law honored its Clinical Education Program in style—with a gala attended by former and currentclinic professionals and students, prominent legal experts, members of the UB community and law school alumnifrom across the country.Robert Rubinson, professor of law and director of the Clinical Education Program, served as the master ofceremonies and was joined by UB President Robert L. Bogomolny and former UB School of Law Dean GilbertA. Holmes in discussing the program’s success; it is regularly ranked among the top clinical programs nationwideby U.S. News & World Report.Attendees watched a short video specially created for the event, which included interviews with Professor JaneC. Murphy and former Georgetown University Associate Dean Wallace J. Mlyniec, who, along with former UBProfessor Jane E. Schukoske, were instrumental in the founding of the Clinical Education Program.The evening culminated in Murphy’s being named the first recipient of the Dean Gilbert A. Holmes EndowedProfessorship of Clinical Theory and Practice, which “recognizes the scholarship, commitment and achievementon behalf of the Clinical Education Program by a University of Baltimore School of Law faculty member.”Murphy has served at UB for nearly two decades and was the director of the Clinical Education Program from2000-04; she has received the University System of Maryland Regents’ Faculty Award for Excellence in PublicService, the Rosalyn B. Bell Award for Outstanding Contributions to Family Law, the Benjamin L. CardinDistinguished Service Award, the Maryland Leadership in Law Award and The Daily Record’s “Maryland’s Top 100Women” Award.“I’m so pleased that the University has chosen to honor our Clinical Education Program in this way,” Murphysays. “By establishing this professorship, the school has recognized the significant contributions made by the programas a whole—innovative teaching, service to Baltimore and the state, and the impressive body of scholarshipwritten by faculty who teach clinical courses. While I look forward to taking on new administrative responsibilitiesat the School of Law, this honor has further strengthened my commitment to clinical education and clinicalteaching at UB.”StrongEmploymentfor Class of2006According to Karen Rae Hammer, associate dean for career development at the University ofBaltimore School of Law, members of the UB law class of 2006 for whom employment status wasknown nine months after graduation show a strong overall employment rate of 94 percent. Thismarks an increase from the previous class and also surpasses the national rate of 90.7 percent.Eighty-two percent of the class of 2006 obtained jobs for which bar passage is required, comparedto a national rate of 75.9 percent.http://law.ubalt.edu 7

UP FRONTUB-SponsoredSummit onUnified FamilyCourts DrawsNationalAttentionABA PresidentKaren J. Mathis providesopening remarks at the summit.Viewed by many as a leader in family justice system reform, Maryland hosted representatives from 27states at a major national summit on unified family courts. The University of Baltimore School of Law’sCenter for Families, Children and the Courts co-sponsored, along with the American Bar Association,the “Summit on Unified Family Courts: Serving Children and Families Efficiently, Effectively andResponsibly,” May 3-4 in Baltimore.The summit covered a wide range of issues critical to the development of unified family courts, particularlysignificant in light of the family justice system receiving increased attention across the nation.“We owe it to our children who have been failed—whether by their families, their schools, their peersor their communities—to provide them the best justice we can,” ABA President Karen J. Mathis saidduring her opening remarks at the summit. “A unified family court is the best way to ensure that we donot overlook these problems. … It’s been said that a society that turns its back on children will not beable to turn its back when those children become adults. Today, we are taking steps to turn toward ourchildren and do our utmost to provide them with the justice they need and deserve.”The Maryland Administrative Office of the Courts and Casey Family Programs funded the summit,which included other plenary and workshop sessions featuring prominent state appellate court justices,trial judges, academic experts, bar leaders, attorneys, services providers and court administrators.Programs addressed issues such as the role of judicial leadership in developing unified family courts;advocacy for children and families in a unified family court; services and accountability; dispute resolution;self-represented litigants; and addiction, mental health and other nonlegal issues.Law students enrolled in the CFCC Student Fellows Program contributed to planning and implementingthe summit. Student fellows assumed responsibility for informing the media, developing a courthousetour of the Family Division of the Circuit Court for Baltimore City, identifying and contacting potentialconference sponsors and assisting with the development of the conference agenda and materials.“The summit served as a powerful rallying cry for states and jurisdictions committed to improving thefamily justice system by creating a unified, coordinated approach to children and families in court,” saysBarbara A. Babb, associate professor and CFCC director. “We hope to join with other law schools aroundthe country to provide expertise and guidance to jurisdictions interested in unified family courts.”Former Baltimore Oriole Joe Durhamstopped by the UB campus in February as part of the “Baseball and Civil Rights:A History of Swings, Misses and Home Runs” event, sponsored by the Black LawStudents Association. He shared his personal and professional experiences asan African-American player who helped integrate baseball in the 1950s.Durham—the first African American to record a home run for the Orioles—wasaccompanied by Bruce Adelson, author of Brushing Back Jim Crow: TheIntegration of Minor-League Baseball in the American South. ■ “The BLSA did afabulous job organizing the event, which served as a reminder that, as far as wehave come with respect to race and sports in this country, we still have a long wayto go,” says Dionne Koller, a UB law professor who helped orchestrate the event.theapprenticeMarisa DeMato, J.D. ’04, quickly became one of the UB School of Law’s mostrecognizable alumni when she joined the cast of The Apprentice: Los Angeles and vied with 17 other determinedcandidates to earn a job working for the Trump Organization and famed businessman Donald J. Trump.Though Trump fired DeMato, an associate who specializes in securities and consumer fraud at the SouthFlorida firm of Lerach Coughlin Stoia Geller Rudman & Robbins, in the fourth episode, he did refer to heras “cunning” and “smart”—qualities that should come in handy for the aspiring politician.8 NOTA BENE fall 2007

THE FUTURE OFLAW AND ORDERPolice Officer Trainees, Law Students Practice in the CourtroomThe stands are packed with policeofficer trainees in their uniformblues, caps in their laps. At the frontof UB’s Venable Baetjer HowardMoot Court Room, a law student—dressed professionally for court—asksquestions of a police officer trainee,who has taken the witness stand. Thejurors listen attentively, as does thejudge. ■ While this might seemlike a typical moot court session, it issomething a little less tried and trueand a lot more innovative. It is thescene that unfolded March 9 in aseminar entitled “Improving Law and Order: Future Police Officers,Prosecutors and Criminal Defense Lawyers Training Together in a PilotProgram,” part of the University of Baltimore School of Law’s LitigationWeek. It marked the culmination and “first public acknowledgement” ofa collaborative effort by the law school’s Stephen L. Snyder Center forLitigation Skills and the Baltimore City Police Academy. ■ The twoorganizations have developed a pilot program to bring together futurecolleagues—law students, who will become prosecutors and defense attorneys,and police officer trainees—to learn what to expect when bothparties appear in court to carry out their professional duties. “Sometimescross-examination is grueling and creates an emotional response,” saysJosé F. Anderson, professor and director of the Snyder Center. “We teachthe trainees how to respond and what to do if they don’t remember or ifthey think they’ve made a mistake.” ■ The initiative has been receivedvery well, Anderson says: “In fact, we think it’s the first of its kind in thecountry, and the more people have heard about it, the more excited theyare about getting involved.” ■ The pilot program, which Andersonhopes to continue and expand, included two training sessions eachmonth in fall 2006. “The spring seminar during Litigation Week was sortof telling the world what we’re up to,”Anderson says. “This is about tryingto build a better lawyer and a betterpolice officer. That’s our motto;everything else is secondary. If itdoesn’t contribute to improving theprofessionals these people are, thenwe’re not interested in doing it.” ■For its part, the Baltimore City PoliceAcademy provides a professionalvideography team to record everysession, a valuable asset in experientiallearning and improving uponpast performance. ■ “The thingthat makes this arrangement work is something I couldn’t have anticipated,”Anderson says. “The officers [in training] and law students areboth learning, so they are receptive to each other in a way that’s verydifferent than teacher to student. They’re both preparing for their careers,so it makes them much more amenable to critique; they’re greentogether.” ■ About 60 police officer trainees and law students participatedin the spring seminar, which brought together a number of lawyersfrom the community; alumni; members of the Snyder Center advisoryboard; adjunct faculty member Richard LaFata, who acted as the judge;and Stephen Harris, distinguished attorney in residence with the SnyderCenter, who has been a partner to Anderson in organizing the pilotprogram. ■ “In the future, we anticipate developing some writtentraining materials appropriate for both the officers and the lawyers,”Anderson says, “and we hope to expand into working with students inforensics to do similar training with them.” Students in UB’s undergraduateForensic Studies program would take the place of the police officertrainees in the current model. “We might be able to get some privatesectorfunding to develop the program,” Anderson continues. “We thinka better police officer is something people want to invest in.” ■Top left: Professor José F. Anderson explains the finer points of testifying.BY GIORDANA SEGNERI

FACULTY UPDATESnew facultyCARTER GRANT BISHOPCarter Grant Bishop joined the faculty this fall as avisiting professor, teaching Contracts, Federal IncomeTax and Partnership Taxation.Bishop, a professor of law at the Suffolk UniversityLaw School, has visited many U.S. law schools andtaught in several foreign law programs in Paris, Londonand Sweden.Prior to joining the Suffolk Law faculty, he served asa professor of law and as the founding director of theGraduate Tax Program at William Mitchell College ofLaw. He is a nationally recognized author and lecturerin the areas of business and tax law.Bishop earned a J.D. from Drake University Schoolof Law, an LL.M. (in taxation) from New YorkUniversity, an M.B.A. from Drake University and aB.S. from Ball State University.KIA SHERRON JOHNSONKia Sherron Johnson joined the faculty this fall as aclinical fellow in the Community Development Clinic.Her previous legal experience includes working asan associate at both Bryan Cave and Kirkpatrick &Lockhart Preston Gates Ellis, where she representedcorporate clients in the acquisition and disposition ofassets, mergers and structured finance transactions.She has assisted in litigation to reacquire clients’ homesfollowing wrongful foreclosures.Johnson received her J.D. from GeorgetownUniversity Law Center and her A.B. from PrincetonUniversity; she is admitted to the bar in New Yorkand in the District of Columbia.MARY FRANCES LOVEMary Frances Love joined the faculty this fall as avisiting assistant professor, teaching Legal Analysis,Research and Writing I, II and III.Her previous teaching experiences include serving asco-director of the Legal Research and Writing Programfor three of her six years at George Mason UniversityLaw School, as an instructor of Intellectual Property Lawat the U.S. Patent and Trademark Office Universityand as an adjunct professor at Northern VirginiaCommunity College in the Legal Assistant Program.Love also speaks often at intellectual property lawconferences and seminars.Love earned a J.D. from Georgetown UniversityLaw Center, an M.S. from Syracuse University and aB.A. from State University of New York, Geneseo.NANCY M. MODESITTNancy M. Modesitt joined the faculty this fall as anassistant professor, teaching Introduction to LawyeringSkills/Torts.From 2003-07, she worked at American UniversityWashington College of Law teaching Contracts, Laborand Employment Law, and Legal Rhetoric. Modesittwas the academic coordinator of the college’s LegalRhetoric Program from 2005-06 and an adjunctprofessor in that program from 2002-03. While in practice,Modesitt worked for several large law firms as wellas for the U.S. Department of Justice, focusing onemployment litigation and counseling.Modesitt earned a J.D. from University of VirginiaSchool of Law and a B.A. from Drew University, andshe is admitted to the bar in Virginia and Connecticut.CLAIRE A. SMEARMANClaire A. Smearman joined the faculty this fallas a visiting associate professor, teaching in the newImmigrant Rights Clinic.For the past three years, Smearman taught in theCivil Practice Clinic at American University’sWashington College of Law, where she also taught aseminar for LL.M. students in the International LegalStudies Program specializing in gender. From 2002-04,she served as a clinical fellow in UB’s Family Law Clinic.In 1994, Smearman received a Fulbright Scholar Award tothe University of Iceland, where she taught feminist legaltheory. Her background also includes teaching women’sstudies at Goucher College and Towson University andpracticing family law at several law firms in Baltimore.Smearman earned a J.D. from the Universityof Maryland School of Law and a B.A. fromTowson University.10 NOTA BENE fall 2007

FACULTY BRIEFSJOSÉ F. ANDERSONProfessor and Director, Stephen L.Snyder Center for Litigation Skills andLitigation Skills ProgramRecent Publications: “Reflectionson Standing: Challenges to Searchesand Seizures in a High TechnologyWorld,” Mississippi Law Journal(spring 2006). “The Criminal JusticePrinciples of Charles HamiltonHouston: Lessons in Innovation,”University of Baltimore Law Review(fall 2006). “Perspectives on theEconomic and Cultural Effects ofObesity Litigation,” Obesity, Businessand Public Policy (March 2007).Criminal Law: Cases, Commentaryand Questions (forthcoming).“Standing on Shaky Ground: Short-Sighted Supreme Court Search andSeizure Jurisprudence” (forthcoming).Works in Progress: A biography ofCharles Hamilton Houston. “CharlesHamilton Houston: Representationof the Hollywood Ten in theBlacklist Matter.”Activities: Member, American LawInstitute. Chair, AALS Section onDefamation and Privacy.BARBARA A. BABBAssociate Professor and Director, Centerfor Families, Children and the CourtsRecent Publications: A bench booktitled Addiction and Substance Abuse(forthcoming). “A ComprehensiveStudy of America’s Family JusticeSystems” (forthcoming).Work in Progress: Articlecombining preventive law, an ethic ofcare and prior work on therapeuticjurisprudence and court reform infamily law.Presentations: Invited participant,“Bridges to Excellence” conferenceat the University of Florida Collegeof Law (March 2006). Spoke on“A Road Map for Implementinga Service Delivery Model” at theEastern Regional Conferenceon Access to Justice for the Self-Represented: Court andCommunity-Based Strategies andSolutions in White Plains, N.Y.(May 2006). Spoke on “Jugglingfor Judges: It’s Not Just Decision-Making Anymore” at the AFCCAnnual Conference in Tampa Bay,Fla. (June 2006). Organized andspoke at a Truancy Court ProgramWorkshop for all Baltimore Cityelementary and middle schoolprincipals (June 2006). Spoke on“Hope for Families in Transition:New Modalities to Assist Children,Adolescents and Families” at theConference of Maryland ClinicalSocial Workers in Columbia, Md.(September 2006). Spoke on“Evaluating the Effectiveness ofProblem-Solving Courts” at a conferenceon “The Impact of Problem-Solving Courts: Are They anEffective Response to SocialProblems Affecting Families andChildren?” at the Syracuse UniversityCollege of Law (October 2006).Organized and oversaw twocontinuing legal education two-daytrainings, a joint initiative betweenCFCC and the Association of Familyand Conciliation Courts (December2006). Participant, two-day meetingof the Court Advisory Board in relationto CFCC’s collaboration withthe Arizona State UniversityPrevention Research Center inTempe, Ariz. (February 2007).Activities: Executive committeemember, AALS Section on Familyand Juvenile Law. Member, ABAStanding Committee on SubstanceAbuse. Member, ABA Unified FamilyCourts Coordinating Council. Chair,national ABA/CFCC Summit onUnified Family Courts. Editorialadvisory board member, FamilyCourt Review.KEITH BLAIRAssistant ProfessorWork in Progress: Article on“Churches, Political Speech and501(c)(3) Status.”Presentations: Spoke on judicialindependence at the ConstitutionDay program at the University ofBaltimore (September 2006). Spokeon “Individual Rights Post 9/11:Cause for Concern” at the Universityof Baltimore (February 2007).Panelist, ABA Section of Taxationmeetings (May 2006, October 2006,January 2007).Activities: Board member, AALSSection on New Law Professors.Member, ABA Low-Income Tax andCourt Procedure & Practice committees,ABA Section of Taxation.RICHARD W. BOURNEProfessorRecent Publications: MarylandRules Commentary, 2006 supplement(fall 2006). Modern Maryland CivilProcedure, 2007 supplement(May 2007).Work in Progress: “FelonDisfranchisement and the FourteenthAmendment.”Fred B. BrownFRED B. BROWNAssociate Professor and Director,Graduate Tax ProgramWorks in Progress: Articles on thecharacter of gain under IRC section357(c) and proposing substantialrevisions to source rules.Activities: Chair, Law School LiaisonSubcommittee, MSBA Tax SectionCouncil. Member, Committee onForeign Activities of U.S. Taxpayers,ABA Section of Taxation.GILDA R. DANIELSAssistant ProfessorWorks in Progress: “Can You SeeMe Now?: How Voter ID LawsDisenfranchise Citizens.” “VoterIntimidation in the NewMillennium.” “The African-AmericanChurch, Political Speech and SocialChange.”Presentations: Moderator,“Conversations in Politics: A TownHall Forum,” University ofBaltimore. Featured speaker,Vanderbilt University’s AmericanConstitution Society. Moderator,program for the national office ofthe American Constitution Society.Activity: Secretary, AALS Sectionon Civil Rights.STEVEN A. DAVISONProfessorRecent Publications: “Regulation ofEmission of Greenhouse Gases andHazardous Air Pollutants from MotorVehicles,” Pittsburgh Journal ofEnvironmental and Public HealthLaw (October 2006). “FederalAgency Action Subject to Section7(a)(2) of the Endangered SpeciesAct,” Missouri Environmental Lawand Policy Review (February 2007).Work in Progress: “General Section404 Permits Under the CleanWater Act.”Presentation: Chair and discussant,“Law and Nature” panel program atthe Law and Society AssociationAnnual Meeting (July 2006).AMY DILLARDAssistant ProfessorRecent Publications: Multipleentries, Encyclopedia of AmericanCivil Liberties (September 2006).“Always Mr. Groot,” Washington andLee Law Review (April 2007).“Without Limitation: ‘GroundhogDay’ for Incompetent Defendants,”DePaul Law Review (May 2007).Works in Progress: “Separate andObedient: The Judicial QualificationMissing From the Job Description.”“Sloppy Joe, Slop, Sloppy Joe: HowUSDA Commodities DumpingRuined the National School LunchProgram.” “And Death Shall Have NoDominion: Why Atkins and RoperRequire Courts and Prosecutors toDeal with Defendant Death-Eligibility Before the Trial Begins.”Presentations: Spoke on two worksin progress at the annual Associationfor the Study of Law, Culture andHumanities Conference atGeorgetown University Law School.Spoke on sanity and competence inhttp://law.ubalt.edu 11

FACULTY BRIEFScriminal cases at Villanova LawSchool. Taught a course at the WorldTrade Institute’s master’s program ininternational law and economics atthe joint center of the Universitiesof Bern, Fribourg and Neuchatel,Switzerland.Activities: Member, joint scholarshipcommittee, Association of LegalWriting Directors and Legal WritingInstitute. Lead counsel, pendingcapital murder case in Alexandria, Va.Eric B. EastonERIC B. EASTONProfessor and Co-Director,Legal Skills ProgramRecent Publications: ABASourcebook on Legal Writing Programs(September 2006). “The Press asInterest Group: Mainstream Mediain the Supreme Court.” UCLAEntertainment Law Review(forthcoming).Works in Progress: “The Colonel’sFinest Campaign: Robert R.McCormick & Near v. Minnesota.”As yet untitled article on Branzburgv. Hayes.Presentations: Panelist, ASTARJudges Training Program (April2006). Presented “Of Secrets andSpies: Strengthening the Public’sRight to Know About the CIA,”Stanford Law & Policy Review, at theAALS Annual Meeting (January2007). Presented “Navigating LawSchool Politics” at the RockyMountain Legal Writing Conference(March 2007).Activities: Member, ExecutiveCommittee, AALS Section on MassCommunications Law. Boardmember, Association of Legal WritingDirectors. Member, CommunicationSkills Committee, ABA Section ofLegal Education and Admissionsto the Bar. Member, ABA SiteInspection Team (FAMU). Member,Maryland-China Business Council.Coach, National TelecommunicationsMoot Court Team.WILLIAM T. FRYER IIIProfessorRecent Publications: Chapter,“Teaching Industrial Design Law”(forthcoming). “A New Way forDesign Owners to Obtain ForeignDesign Protection,” AIPLA IndustrialDesigns Committee Web site (2006).“Geneva Act of the HagueAgreement Concerning theInternational Registration ofInternational Design,” www.fryer.com.Work in Progress: An articleon trademark and design patentprotection.Presentations: Spoke on “TheHague Agreement Protection ofDesigns” at the University of AkronSchool of Law on several occasions,including at the school’s NinthAnnual IP Law Symposium(March 2007).Activities: Member, Bylaws DraftingCommittee, Maryland State BarAssociation IP Committee. Co-chair,Committee 412 (Industrial Designs),ABA Section on InternationalProperty Law. Committee chair,Design Patent Section, ABA JointTaskforce to Review the China PatentLaw Reform Legislation. Member,Association for the Advancement ofIntellectual Property and Research.Coach, American IntellectualProperty Law Association.WENDY GERZOGProfessorRecent Publications: “The CollisionBetween CRTs and the UPC ElectiveShare,” Tax Notes (May 2006).“Focardi: Cook-ed not Schott,” TaxNotes (May 2006). “ConservationEasements Under Turner and Glass,”Tax Notes (July 2006). “Amlie Feud,”Tax Notes (September 2006).“McCord and Postgift Events,” TaxNotes (October 2006). “McCord:Value of Gifts Must Be ‘TaxAffected,’” Tax Notes (December2006). “Gerson: Plain Meaning andthe GSTT,” Tax Notes (February2007). “Janis: Two Perspectives ofBasis,” Tax Notes (March 2007).“Equitable Apportionment: RecentCases and Continuing Trends,” ABAReal Property, Probate and TrustJournal (winter 2007).Presentations: Chair and discussant,“Law, Society, and Taxation III:Policy Ideas for a More JustEconomy” at the Law and Societymeeting in Baltimore (July 2006).Presented “Looking a ‘Gift’ Horse inthe Mouth: When a ‘Gift’ is Not aGift” at the joint meeting of ABASections of Taxation and RealProperty, Probate and Trust inDenver, Colo. (October 2006).Presented “Key Resources for Estateand Gift Tax Research,” ABA Sectionof Taxation, with the ABA Section ofReal Property, Probate and Trust andthe New York State Bar Tax Section,at the U.S. Patent and TrademarkOffice, Alexandria, Va. (January2007). Spoke on “Gift and EstateTax Valuation: Consideration ofPost-Valuation Date Events” at theCritical Tax Theory Conferenceat UCLA (April 2007).Activities: Coordinator, mentorprograms for AALS sections onDonative Transfers, Fiduciaries andEstate Planning; Taxation; andEmployee Benefits. Member,Patenting Estate Planning TechniquesTask Force, ABA Section of Taxation.Award: Academic Fellow, AmericanCollege of Trust and Estate Counsel.MICHELE GILLIGANAssociate Professor and Director,Study Abroad Program in Curaçao,Netherlands AntillesRecent Publications: “Workshopon Real Property.” “Another Effectof Globalization: Role of ForeignEducated Lawyers in Maryland LegalPractice,” UB Law Forum (fall 2006).“A Study of Teaching Ethics at theUniversity of Baltimore and China’sShandong University School of Law”for the Hoffberger Center forProfessional Ethics at the Universityof Baltimore.Work in Progress: “U.S. BarsBarriers to Globalization ofLegal Education.”Presentations: Panelist, JudicialInstitute on Real Property (April2007). Presenter, EACLE Conference,Helsinki, Finland (May 2007). Judge,ABA Regional Client CounselingCompetition.Activities: Member, MSBA RealProperty Section. Member, MSBALegal Education & Admission to theBar Section. Member, ABA Sectionof Real Property. Board member,Sylvan Beach Foundation.Michele GilmanMICHELE GILMANAssociate ProfessorRecent Publications: “Reflectionson 10 Years of Charitable Choice”(forthcoming). “Litigating PresidentialSigning Statements” (forthcoming).Presentations: Invited speaker,symposium on “One Act, Ten Years,and Thousands of Families: WelfareReform in Contemporary America”at the University of Iowa Law School.12 NOTA BENE fall 2007

Invited speaker, symposium on“The Last Word? The ConstitutionalImplications of Presidential SigningStatements” at the William and MaryLaw School (February 2007).Activities: Board member, PublicJustice Center. Member, MarylandBar Section Council on Delivery ofLegal Services. Member, PublicBenefits Taskforce.Leigh GoodmarkLEIGH GOODMARKAssociate ProfessorRecent Publications: “Where’s theProtection?” The Daily Record (May2006). “Going Underground: TheEthics of Advising a Battered WomanFleeing an Abusive Relationship,”UMKC Law Review (forthcoming).Book review, “What Unified FamilyCourt Judges Should Know AboutChildren & Violence,” of Handbookon Children, Culture and Violence.Work in Progress: “The BatteredMother’s Catch-22: How the FriendlyParent Failed to Protect.”Presentation: Spoke on “ChildWelfare, Domestic Violence, andBatterer Accountability” at SturmCollege of Law (March 2007).Activities: Board member, Women’sLaw Center of Maryland and PublicJustice Center. Editorial boardmember, Journal of Child Custodyand the National Council of Juvenileand Family Court Judges’ Juvenileand Family Court Journal. Member,MSBA, Maryland Women’s BarAssociation, Clinical Legal EducationAssociation and AALS sections onClinical Law and Women in LegalEducation.STEVEN P. GROSSMANDean Julius Isaacson ProfessorRecent Publication: “Lawmakers’Offices Not Immune From Searches,”The (Baltimore) Sun (May 2006).Work in Progress: Becoming a TrialLawyer.Presentations: Spoke on “TheInnocence Project” at the Universityof Baltimore (October 2006). Spokeon “Sentencing” at the MarylandSchool for New Judges. Spoke on“Trying the Case” for MICPEL.Activities: Board member, JudicialInstitute of Maryland. Member,MICPEL Curriculum PlanningCommittee. Member, MarylandSchool for New Judges.DANIEL L. HATCHERAssistant ProfessorRecent Publication: “Child SupportHarming Children: Subordinatingthe Best Interests of the Child to theFiscal Interests of the State,” WakeForest Law Review (forthcoming).Presentations: Testimony regarding“Hearing to Review Proposals toImprove Child Protective Services”before the U.S. House ofRepresentatives, Committee on Waysand Means, Subcommittee on HumanResources (May 2006). Spoke on“Child Support Harming Children:Subordinating the Best Interests ofChildren to the Fiscal Interests of theState” at the Southeastern Associationof Law Schools Annual Meeting (July2006). Spoke at the Mid-AtlanticClinical Theory and PracticeWorkshop (January 2007). Spoke onthe Foster Children Self-Support Actat a Congressional Briefing (February2007). Speaker, Harvard Law SchoolChild Advocacy Program and ABACenter on Children and the Law’s12th National Conference onChildren and the Law, “PromotingChildren’s Interests: Preparation,Practice & Policy Reform”(April 2007).Activities: Invited testimony beforethe U.S. House of Representatives,Committee on Ways and Means,Subcommittee on Income Securityand Family Support. Drafted andtestified in support of the ChildSupport Payment Incentive Program(HB 263 and SB 154). Drafted federallegislation that was introduced asHR 1104, the Foster ChildrenSelf-Support Act (February 2007).Member, Steering Committee,Coalition to Protect Maryland’sChildren. Advisory board member,Legal Aid Bureau Child SupportProject. Member, Job OpportunitiesTask Force, Public Policy Committee.CASSANDRA JONES HAVARDAssociate ProfessorRecent Publication: “The Future ofthe CRA,” Western New England LawReview (2007).Works in Progress: “Katrina andPredatory Lending: An EmpiricalAnalysis.” Community DevelopmentReader.Presentations: Presented “HomeOwnership and Predatory Lending—Issues for Seniors” at the NE InterfaithAlliance (November 2006).Spoke on “Small Business LendingInitiatives—Pitfalls and Problems” atthe Woodstock Business Roundtable(February 2007).Activities: Chair, AALS Section onFinancial Institutions. Chair, CLEOFellows, ABA Section of BusinessLaw. Member, Diversity Committee,ABA Section of Business Law.Participated in an amicus brief alongwith 14 other law professors onbehalf of the state of Michigan,Watters v. Wachovia. Provided probono legal consultations for smallbusinesses with transactional needs.Consultant, Black Farmers MediationProcedures.MICHAEL HAYESAssociate Professor and Director, StudyAbroad Program in Aberdeen, ScotlandRecent Publications: “Critique ofthe Veil of Fair Representation,”University of Baltimore Law Forum(2007). The Campaign Guide,2006and 2007 annual supplements.Works in Progress: “JudicialTreatment of ‘Mistaken Reasons’ forEmployee Terminations.” A bookon the law of public-sector laborrelations in Maryland.Presentations: Spoke on the 1981air traffic controllers’ strike at theAssociation of Labor RelationsAgencies Conference (July 2006)and at the Maryland Labor &Employment Research Association(October 2006).Activities: Member, Women’s LawCenter of Maryland AwardsCommittee. Advisory board member,Employment Law Hotline.F. MICHAEL HIGGINBOTHAMProfessorRecent Publications: “After 150Years,” The Afro-American (March2007). “An Open Letter FromHeaven,” Harvard BlackLetterLaw Journal (forthcoming).Presentations: Keynote speaker,Washington Bar lecture and ABAMid-Atlantic Regional Conference.Activity: Co-chair, Minority AffairsGroup, O’Malley/Brown TransitionTeam.MARGARET E. JOHNSONAssistant ProfessorWorks in Progress: “Avoiding HarmOtherwise: Reframing WomenEmployees’ Responses to the Harmsof Sexual Harassment.” “ReframingDomestic Violence Law BeyondCrimes of Physical Violence.”Presentations: Presented paperstitled “The Value of Critical LegalTheory in Clinical Education” at theNew York University School of Law(May 2006) and “Avoiding HarmOtherwise: Reframing WomenEmployees’ Responses to the Harmsof Sexual Harassment” at the Lawand Society Annual Meeting inBaltimore (July 2006) and atMarquette University Law School(October 2006). Spoke on“Collaborating on Language AccessIssues” at the AALS Conference onClinical Legal Education and on“The Intersection of LGBT Issuesand the Classroom” at the Universityof Baltimore (March 2007).Activities: Editorial committeemember, Women in the Law inMaryland Project. Advisorycommittee member, D.C. Superiorhttp://law.ubalt.edu 13

FACULTY BRIEFSCourt’s Improving Court AccessCommittee. Advisory board member,Women’s Law and Public PolicyFellowship. Board member, Districtof Columbia Coalition AgainstDomestic Violence. Member, ClinicalLegal Education Association.Member, AALS sections on ClinicalLegal Education, Family and JuvenileLaw, and Women in Legal Education.JAMES J. KELLY JR.Assistant ProfessorWorks in Progress: “Clearing Titlein the Brave New World of VirtualRealty: Tax Foreclosure Due Processin the Digital Age.” “To Create aNew Society Within the Shell of theOld: MacIntyre’s Politics of the Localfor Lawyers In and of Communities.”Presentations: Co-leader, SmallBusiness/Community EconomicDevelopment/Transactional workinggroup, AALS Conference on ClinicalLegal Education. Spoke on“Notifying Virtual Caretaker” atthe Clinical Law Review Writers’Workshop in New York (April 2006)and at the Southeast Association ofLaw Schools Annual Meeting inPalm Beach, Fla. (July 2006). Spokeon “To Create A New Society Withinthe Shell of the Old” at the NotreDame Midwest Clinic TeachersWriters’ Workshop in Notre Dame,Ind. (October 2006), at the LoyolaCollege Catholic Social ThoughtLectures Series in Baltimore(February 2007) and at HowardUniversity School of Law inWashington, D.C. (February 2007).Presented “Where the Rubber Meetsthe Road Home: Community Tenurein the Redevelopment of NewOrleans” at the Syracuse UniversityCollege of Law’s Third AnnualProperty, Citizenship and SocialEntrepreneurism Workshop inWashington, D.C. (November 2006).Presented “Community Land Trusts”at Washington College inChestertown, Md. (March 2007).Presented “Baltimore City’s Project5000” at the ABA Section of BusinessLaw Annual Meeting in Washington,D.C. (March 2007).Activities: Planning committeemember, 2007 Maryland Partners forJustice Conference. Board member,Charm City Land Trusts andWoodberry Land Trust.DIONNE KOLLERAssistant ProfessorRecent Publication: “TramplingAthletes’ Due Process Rights,” The(Baltimore) Sun (March 2007).Works in Progress: “TroubledDoctrine, Extraordinary Deference:The State Action Requirement andAmateur Sports.” “‘SportiveNationalism’ in the Anti-DopingEra.” “Judicial Deference to AmateurSports Organizations.”REBECCA KORZECProfessorRecent Publications: “ViewingNorth Country: Sexual HarassmentGoes to the Movies,” University ofBaltimore Law Review (2007).“Maryland Law Damages,” Universityof Baltimore Law Forum (forthcoming).Works in Progress: “WomenLawyers.” “Feminist Work:Jurisprudence and Science.”Presentation: Spoke on “PromotingSocial Justice and Diversity ThroughLaw School Social Justice Centers”at the University of Maryland,University College DiversityConference (October 2006).Activities: Member, ABA. Member,MSBA Select Committee on GenderEquality. Member, speaker’s bureau,Women’s Bar Association. Member,Bar Association of Baltimore CityProducts Liability Committee.Member, International Association ofJewish Lawyers and Jurists. Member,Women’s Law Center. Member, ABACommercial Law Subcommittee.Robert H. LandeROBERT H. LANDEVenable ProfessorRecent Publications: “ShouldPredatory Pricing Rules ImmunizeExclusionary Discounts?” Utah LawReview (2007). “Using the ConsumerChoice Approach to Antitrust,”Antitrust Law Journal (2007).“Comparing European and U.S.Cartel Fines,” Antitrust Bulletin(2007).Works in Progress: “Optimal CartelFines.” “The Benefits From PrivateAntitrust Litigation.” “The Two Typesof Market Power.” “Antitrust and theTheft of Consumers’ Property.”Presentations: Testimony before theFederal Trade Commission hearingon monopoly power (March 2007).Testimony submitted to the MarylandSenate Judicial ProceedingsCommittee on comparative negligence(March 2007).Activities: Member, AmericanLaw Institute. Director, AmericanAntitrust Institute. Member, CohenAward Committee for best antitrustscholarship.KENNETH LASSONProfessor and Director, Haifa SummerLaw InstituteRecent Publications: “Assault onIntellect,” Baltimore Jewish Times(June 2006). “Hunkering WithIsrael,” Baltimore Jewish Times(August 2006). “Why We (AmericanJews) Should Be Thankful,”Baltimore Jewish Times (November2006). “A Winter of Discontent,”Israel Insider magazine (January2007). “Holocaust Denial” (April2007). “Torture, Truth Serum, andTicking Time Bombs: Toward aPragmatic Perspective of CoerciveInterrogation,” Loyola-Chicago LawJournal (forthcoming).Works in Progress: “EquitableRemedies in Religious Disputes.”What Doctors (and Their Patients)Should Know About MedicalMalpractice.Presentations: Spoke on “Useof Truth Serum in CoerciveInterrogations” at the Loyola-Chicago Law Symposium (March2007). Spoke on “Anti-Semitism onCampus” at Towson University(March 2007).Activities: Board member, BaltimoreJewish Council. Member, curriculumreview panel, MICPEL. Member,case-review panel, MarylandAmerican Civil Liberties Union.Member, Baltimore Chapter,Committee on Law and PublicAffairs. Member of Bar, Court ofAppeals of Maryland, Fourth Circuitof Appeals and U.S. Supreme Court.Member, ABA/AALS sections ofAlternative Dispute Resolution, LegalWriting and Jewish Law.JOHN A. LYNCH JR.ProfessorRecent Publication: Supplement toMaryland Rules Commentary (August2006).Work in Progress: “Burden of Proofin Federal Income Tax Cases UnderIRC Section 7491.”Activity: Secretary, AALS Section onPart-time Legal Education.JAMES MAXEINERAssociate Professor and AssociateDirector, Center for International andComparative LawRecent Publications: “HughSwinton Legaré (1797-1843),” YaleBiographical Dictionary of AmericanLaw (2006). “Educating LawyersNow (2007) and Then (1914): TwoCarnegie Critiques of the CommonLaw and the Case Method” (forthcoming).“Legal Certainty: AEuropean Alternative to AmericanLegal Indeterminacy?” Tulane Journal14 NOTA BENE fall 2007

of International & Comparative Law(2007). “Legal Indeterminacy: Madein America. How U.S. Legal MethodsFail the Rule of Law,” Valparaiso LawReview (February 2007).Works in Progress: “Law Applyingin German Civil Procedure: IssueNarrowing and Judgment Writing.”“Law Applying in American Law:From Special Pleading to JuryInstructions.” Practical InternationalCivil Procedure: United States-Germany-South Korea. “CivilProcedure in the United States”(book chapter).Presentations: Spoke on “LegalCertainty Through Legal Methods:Why Germany Has Legal Certaintyand America Has LegalIndeterminacy” at the LegalCertainty Conference sponsoredby the Clark Foundation for LegalEducation, Glasgow GraduateSchool of Law, United Kingdom(September 2006). Spoke on “FacultyDevelopment and Assessment inAmerican Law Schools for JapaneseLaw Professors” at the KansaiUniversity School of Law, Osaka,Japan (September 2006). Presentedcomment on international legaleducation, “International Forum onNew Legal Education Methods inthe Global Society,” at the 2006Congress of the InternationalAssociation of Procedural Law,Ritsumeikan University, Kyoto,Japan (September 2006). Presenteda comment on Michael Davis,“Torture, Philosophy, andDemocracy” and a report on theGäfgen v. Germany case now beforethe European Court of HumanRights, AMINTAPHIL, atWashington University in St. Louis,Mo. (November 2006). Presented“Rechtssicherheit durchRechtsmethoden: Warum inDeutschland die Rechtssicherheit,dagegen in den Vereinigten Staatendie RechtsUNsicherheit, herrscht” atthe Leipzig University Faculty of Law,Leipzig, Germany (December 2006).Activities: Treasurer and chairmanelect,AALS Committee onInternational Law. Member, AmericanLaw Institute. Representative,American Society for ComparativeLaw. Director, American ForeignLaw Association. Member,International Committee, MSBABusiness Law Section. UB representative,European AmericanConsortium for Legal Education.Participant, Joint Conference, SuffolkUniversity and Lund University,Sweden, “Globalization and the U.S.Law School: Comparative andCultural Perspectives 1906-2006”(January 2007). Participant/auditor,Bavarian State Ministry of Justice,“Introductory Course for NewJudges (Part II).”Audrey McFarlaneAUDREY MCFARLANEAssociate ProfessorRecent Publication: Book review,“Intersections of Law School andMidlife at the Crossroads of Raceand Class,” of Alfredo Mirande’sThe Stanford Law Chronicles: DoingTime on the Farm for the Journal ofLegal Education (2007).Work in Progress: “DevelopmentDisagreements: Takings,Globalization and the InchoateRight to Development.”Presentations: Discussant, Law andSociety Association Annual Meeting:Panel on Local Government Law inBaltimore (June 2006). Spoke on“Sharing Scholarship Online” at theUniversity of Baltimore (September2006). Invited participant, workshopon “Strengthening the DialogueAbout Social and Economic Classin Critical Race Theory” at theUniversity at Buffalo Law School(January 2007). Plenary panelist,“Scholarly Voices: Perspectives ofWomen of Color in LegalScholarship,” SE/SW People of ColorLegal Scholarship Conference,Florida A&M University Law School(March 2007). Presented “Putting thePublic Back in Public-PrivatePartnerships” at the AnnualConference on Current Issues inCommunity Development atWestern New England School ofLaw (March 2007). Panelist, “CanBaltimore be Revitalized?” at theUniversity of Baltimore (March2007). Presented “Fighting for theHigh Ground: Race, Class, Marketsand Development Done Right inPost-Katrina Recovery” at theConference on Race and Class in the21st Century Through the Lens ofHurricane Katrina at Washingtonand Lee School of Law (April 2007).Activities: Editorial board member,The Daily Record. Board member,Citizens Planning and HousingAssociation.LYNN MCLAINProfessor and Dean Joseph CurtisFaculty FellowRecent Publications: MarylandEvidence: State and Federal, supplements.Works in Progress: MarylandEvidence, 2007 supplements. Thirdedition of Maryland Rules ofEvidence.Presentations: Spoke on “TheConfrontation Clause After Crawfordv. Washington” at the University ofBaltimore Criminal Law Association(September 2007). Spoke on“Evidence Issues and JuryInstructions in Employment Cases”at an ALI-ABA Georgetown CLEseminar (February 2007). Providedoral and written testimony,Chesapeake Bay Bridge bills (SB42 and HB 981) (March 2007).Roundtable discussion leader, WBAWomen Leaders in Law breakfast.Activities: Member, ABA Sectionof Intellectual Property Law, ABASection of Litigation’s Trial EvidenceCommittee, AIPLA and Women’s BarAssociation. Life member, MarylandBar Foundation. Statewide pro-bonoadvice and consulting on mattersof evidence and copyright law.Consultant, Evidence Subcommittee,Court of Appeals StandingCommittee on Rules of Practiceand Procedure.Michael I. MeyersonMICHAEL I. MEYERSONProfessor and Piper & Marbury LawFaculty Fellow; Director, BaltimoreScholars ProgramRecent Publication: Liberty’sBlueprint: How Madison and HamiltonWrote The Federalist, Defined theConstitution, and Made DemocracySafe for the World (forthcoming).Work in Progress: George Washingtonand the American Sense of Justice.Activity: Visiting professor at GeorgeWashington University School ofLaw (academic year 2006-07).JANE C. MURPHYProfessorRecent Publication: ResolvingFamily Conflicts (Ashgate Press).Works in Progress: Family LawMediation: Theory and Practice(Lexis-Nexis). “Resolving FamilyConflicts: Implications of a ParadigmShift.” Contributor, amicus brief,Koshko v. Haining, Court of Appealsof Maryland.Presentation: Spoke on “TheShifting Paradigm in FamilyConflict Resolution” at the AALSAnnual Meeting for the Section onFamily and Juvenile Law program(January 2007).Activities: Board member, MarylandLegal Assistance Network. Member,ACLU of Maryland Case Reviewhttp://law.ubalt.edu 15

FACULTY BRIEFSCommittee and Legal Panel.Member, ABA Site AccreditationInspection Team, Section of LegalEducation and Admission to theBar. Member, Maryland JudicialConference Family ViolenceMediation Subcommittee. Member,Maryland Mediation and ConflictResolution Family Law Initiative.Member, MSBA Family Law andLitigation sections. Member, AALSsections on Clinical Legal Education,Family and Juvenile Law, andWomen in Legal Education.Advisory board member, Women’sLaw Center of Maryland’s FinancialRedistribution at Divorce Study.Member, Mid-Atlantic ClinicalTheory Group. Member, ClinicalLegal Education Association.Editorial board member, FamilyCourt Review.ODEANA NEALAssociate Professor and Director,Attorney Practice Internship ProgramWorks in Progress: “Children’sPrivacy Interests.” Book review ofJudging Children as Children.Presentations: Moderator, MinorityWomen in the Law dinner (March2007). Participant, Federalist Societydebate on same-sex marriage (April2007). Presenter, Mid-Atlantic Peopleof Color Scholarship Conference.Activities: Moderator, AALS Sectionon Minority Groups and Clinicians ofColor mailing lists. Chair-elect, newlyformed AALS Section on Childrenand the Law. Coach, FrederickDouglass Moot Court Team.MAX OPPENHEIMERAssociate ProfessorRecent Publication: “HarmonizationThrough Condemnation—Does NewLondon Open the Door to WorldPatent Harmony?” Vanderbilt Journalof Transactional Law (forthcoming).Works in Progress: FDA Law. “ThePublic Domain Aspect of IntellectualProperty.” “Has the Supreme CourtMade Licensing a Thing of the Past?”“The FDA Licensing Exception andthe End of Research.” Amicus briefregarding DDAVP DirectPurchaser Actions.Activity: Legal affairs editor,Discovery Medicine Magazine.Award: Saul Ewing Award forTransactional Teaching.CHARLES A. REESProfessorRecent Publication: “RemarkableEvolution: The Early ConstitutionalHistory of Maryland,” University ofBaltimore Law Review (forthcoming).Arnold RochvargARNOLD ROCHVARGProfessorRecent Publication: MarylandAdministrative Law, second edition,MICPEL (January 2007).Presentation: Spoke on administrativelaw for MICPEL (February 2007).Activity: Pro bono representation:amicus brief in State v. Wilson,Maryland Court of Special Appeals.ROBERT RUBINSONProfessor and Director, ClinicalEducationRecent Publication: “Legal Ethicsand Clinical Education in Japan andthe United States: A ComparativeAnalysis” (forthcoming).Works in Progress: “Access toJustice in the United States.” “FamilyMediation: Theory and Practice.”Presentations: Spoke on alternativedispute resolution and/or ethicsbefore the MSBA Alternative DisputeResolution Section Council, the BarAssociation of Baltimore City SpecialCommittee on Alternative DisputeResolution and the Department ofEnergy and Contractor Attorneys’Association. Panelist, 2006 ABANational Conference on ProfessionalResponsibility, Vancouver, B.C. Spokeon clinical education at theSymposium on Clinical Education inTokyo, Japan.Activity: Member, MSBA LegalEducation & Admission to theBar Section Council.ELIZABETH J. SAMUELSProfessorRecent Publications: “LegalRepresentation of Birth Parents andAdoptive Parents,” Adoption Quarterly(2006). “Adoption Consents: LegalIncentives for Best Practices,”Adoption Quarterly (2006).Presentation: Spoke on the humanand civil rights issues involved ingamete donation, “UNmarried...With Children: Evaluating LegalConstraints and Social Judgments,”at an American UniversityWashington College of Law symposium(February 2007).Activities: University of Baltimorerepresentative, AALS House ofDelegates. Member, ACLU ofMaryland Case Review Committee.Consultant (pro bono), David L.Bazelon Center for Mental HealthLaw. Consultant (pro bono), adoptionlaw reform advocacy groups.Member (pro bono), task force onadoption law reform, Evan B.Donaldson Adoption Institute,New York, N.Y.WALTER D. SCHWIDETZKYProfessorRecent Publications: PartnershipTaxation (August 2006). LimitedLiability Company Handbook(November 2006). “Family LimitedPartnerships: The Beat Goes On,”Tax Lawyer (forthcoming).Works in Progress: Limited LiabilityCompany Handbook, new edition.Article on using LLCs in Germany.Partnership Taxation, second edition.Presentations: Panel presentationchair and speaker for residential realestate taxation at the ABA Section ofReal Property, Probate and Trust Lawmeeting (April 2007). Panel presentationchair and speaker for commercialreal estate taxation at the ABASection of Taxation meeting (May2007). Spoke on choice of businessentity for MICPEL (May 2007).Activities: Member, ABA Partnershipand LLC Committee. Member,Deutsche SteuerjuristischeGesellschaft.MORTIMER SELLERSProfessor and Director, Center forInternational and Comparative LawRecent Publications: “The Doctrineof Precedent in the United States,”American Journal of Comparative Law(2006). Editor, Ius Gentium,“Agreement” issue (2006). Editor,International Legal Theory, “A JustWorld Under Law” issue (2006).Book review of Brian Tamanaha’s Onthe Rule of Law for the Law andHistory Review (2007). Report on thedraft judicial code for the Republicof Armenia, prepared for the legislatureof Armenia (May 2006).Work in Progress: Co-editor,Liberty e Liberdade: Judges and Justicein Brazil and the United States ofAmerica.Presentations: Spoke on “TheFoundations of International Law”at the Lauterpracht Research Centreof International Law, CambridgeUniversity (June 2006). Spoke on“Precedent and Human Rights” atthe International Academy ofComparative Law in Utrecht,Netherlands (July 2006). Spoke on“Coercion, Justice and Democracy”for the American Section of theInternational Association for thePhilosophy of Law and SocialPhilosophy at Washington University(November 2006). Spoke on“Liberalism, Cosmopolitanism andInternational Law” at an AmericanSociety of International Lawprogram in Washington, D.C.(November 2006).Activities: Series editor,AMINTAPHIL: The PhilosophicalFoundations of Law and Justice. Serieseditor, Ius Gentium: ComparativeStudies in Law and Legal Science.Editor, International Legal Theory.16 NOTA BENE fall 2007

Editorial board member, Notícia doDireito Brasileiro. Executivecommittee member, AmericanAssociation for the Philosophy ofLaw and Social Philosophy. Member,Committee on Philosophy and Law,American Philosophical Association.Member, program committee,American Society for Legal History.CHARLES SHAFERProfessorWork in Progress: “Comparison ofChinese and U.S. Consumer Law.”Presentation: Invited speakerand participant, Conference onConsumer Law, Beijing, China(March 2007).Activities: Member, Board ofDirectors and Operations Committee,Maryland Lawyers for the Arts. Boardmember, Maryland Consumers RightsCoalition. Supervisor, UB/MLAHelpline Project. Editorial boardmember, MICPEL. Editorial boardmember, Center for Computer-Assisted Legal Instruction. Chair,MICPEL Consumer Law Program(April 2006).Stephen J. ShapiroSTEPHEN J. SHAPIROProfessorRecent Publication: “Apply theJurisdictional Provisions of theClass Action Fairness Act of 2005:In Search of a Sensible JudicialApproach,” Baylor Law Journal(April 2007).Work in Progress: “PunitiveDamages in Class Action Lawsuits.”Activity: Member, ACLU ofMaryland Case Review Committee.Amy SloanAMY SLOANAssociate Professor and Co-Director,Legal Skills ProgramWorks in Progress: Basic LegalResearch Workbook (third edition).“What is Primary Legal Authority?”Activities: Member, lifetime achievementaward nominating committee,AALS Section on Legal Writing,Reasoning and Research. Liaison,Aspen Publishers.DONALD H. STONEProfessor and Associate Dean forAcademic AffairsActivities: Board member, MarylandDisability Law Center. Pro bonolegal representation, Maryland Officeof the Public Defender, MentalHealth Division and HomelessPersons Representation Project.Member, ABA Section of CriminalJustice. Member, AALS Section onMental Disability and the Law.CHARLES TIEFERProfessorWork in Progress: GovernmentContracting Casebook, 2007supplement.Recent Publications: Testimonyregarding personnel for the HouseCommittee on Homeland Security(May 2006). Testimony regarding theFBI raid on Rep. William Jefferson’soffice for the House JudiciaryCommittee (May 2006). Testimonyregarding pay for performance for theHouse Subcommittee on the FederalWorkforce (March 2007). Testimonyregarding procurement for the HouseCommittee on Homeland Security(April 2007).Presentation: Panelist, “IndividualRights Post 9/11: Cause forConcern?” at the University ofBaltimore (February 2007).Activity: Chair, AALS Sectionon Legislation. Member, UBInternational Center on IraqWar Issues.ADAM G. TODDAssistant ProfessorRecent Publication: “Neither DeadNor Dangerous: Postmodernism andthe Teaching of Legal Writing,”Baylor Law Review (February 2007).Works in Progress: “Labeling a Law‘Postmodern’: The Example of theUnited States-European Union SafeHarbor Agreement.” “TroubledTransplants: A ComparativePerspective on the Teaching ofLegal Writing.”Presentation: Spoke on “The Limitsof Transplanting U.S. Models ofTeaching Legal Writing to OtherCountries” at the Conference on thePedagogy of Legal Writing for LegalAcademics in Africa in Nairobi,Kenya (March 2007).Activities: Assistant editor, LegalWriting Journal. Member, LegalWriting Institute. Member,Association of Legal WritingDirectors. Member, Society ofAmerican Law Teachers. Pro bonolegal writing and research adviceprovided to Western Ohio LegalServices (summer 2006).WILL TRESSAssistant ProfessorWork in Progress: Article examiningthe use of the sentenceprescribed for a crime to definethat crime as a felony.Activities: Member, Law LibraryAssociation of Maryland. Member,Council of Library Directors,University System of Maryland.ANGELA M. VALLARIOAssociate ProfessorRecent Publication: Editor,MICPEL Basic Estate and TaxPlanning (November 2006).Works in Progress: Fundamentals ofEstate Planning. “Who’s Afraid of theElective Share?”Activities: Member, MSBA. Member,AALS Section on Donative Transfers,Fiduciaries and Estate Planning.BYRON L. WARNKENAssociate Professor and Director,Judicial Internship ProgramBARBARA A. WHITEProfessorPresentation: Spoke on“Deontological Law & Economics:Fairness Boundaries for EfficientSocial Welfare” at the University ofHouston’s Invited Lecture Series(spring 2007).Activity: Developed in partnershipwith the chair of the MSBA BusinessLaw Section a yearlong pilot programfor special clerkships for UB BusinessLaw students that has now beenformally approved by the section.departuresASSISTANT PROFESSOR ARTHURACEVEDO, who joined the facultyin 2006, accepted a law facultyappointment at The JohnMarshall Law School.CLINICAL FELLOW PATIENCECROWDER, who joined the facultyin 2004, accepted a law facultyappointment at the University ofTulsa College of Law.promotionsASSISTANT PROFESSOR LEIGHGOODMARK was promoted toassociate professor of law in 2007.ASSOCIATE PROFESSORELIZABETH SAMUELS waspromoted to professor of lawin 2007.http://law.ubalt.edu 17

FACULTY ARTICLEREBECCA KORZECREBECCA KORZEC, professor of law, has devoted substantial efforts in her teaching, scholarship andservice to the issues of gender discrimination and inequality. She serves on the Maryland State BarSelect Committee on Gender and has chaired the Bar Association of Baltimore City Gender Committee.In addition, she has written and lectured on such diverse issues as the work/family balance, thegendered nature of tort law and employment discrimination.Her latest article, excerpted here, deals with the first class-action sexual harassment lawsuit, Jensonv. Eveleth Taconite Co., depicted in the Oscar-nominated film North Country. (Actress Charlize Theronwas nominated for an Academy Award for her portrayal of Josey Aimes, based on real-life protagonistLois Jenson.)Korzec is concerned with the pervasiveness of sexual harassment and gender employment discriminationand with the legal system’s retraumatization of sexual harassment victims. The footnotes have beenomitted but may be found, with the compete text, at 36 University of Baltimore Law Review 303 (2007).“Viewing North Country:Sexual HarassmentGoes to the Movies”NORTH COUNTRY © 2005 Schematic Productions GmbH & Co. KG. All Rights Reserved.What’s LoveGot to Do With It?North Country underscores that,although sexual harassment ofwomen in the workplace is pervasive,it is not about romance orlove or sex, but rather about malepower over women. The filmdepicts the pernicious effect of thismale power and control overwomen as a central issue ofdiscrimination. As depicted in thefilm, today most women workbecause they must work to supportthemselves and their families.Given the widespread contemporarycoverage of the “MommyWars,” debating whether eliteprofessional women should “optout” of the workplace to be stay-athomemothers, North Countryreminds the audience that employmentdiscrimination is first andforemost a “right to work” issue.Sexual harassment often involvesthe physical threatening and abuseof blue-collar workers in maledominatedworkplaces. The audienceis forced to recognize thatsexual harassment is not about sex,but rather about male power—thepower of patriarchy—which is used18 NOTA BENE fall 2007

to exclude women from traditionallymale-dominated workplaces.Ultimately, this workplace exclusionkeeps women from supportingthemselves and their children, relegatingthem to lesser paying“women’s work.” This concept ofworkplace sexual harassment as sexdiscrimination under Title VII ofthe Civil Rights Act of 1964 developedslowly. Following some earlylitigation, the Equal EmploymentOpportunity Commission (EEOC)issued guidelines on sexual harassmentin the late 1970s.Fundamentally, there are twotypes of sexual harassment: (1)quid pro quo and (2) hostile workenvironment. Quid pro quoharassment involves an explicitexchange of sexual compliance forwork benefits. On the other hand,“hostile work environment” situationsare not explicit. Rather, theyinvolve situations in which thewoman worker “... may be constantlyfelt or pinched, visuallyundressed ... surreptitiously kissed,commented upon ... and generallytaken advantage of at work ...”Sexual harassment is aboutpower. It underscores the workplacereality that men and womenare unequal. A woman strugglingto establish herself at work can beswept off balance by a reminderthat she can be raped, fondled, orsubjected to repeated sexualdemands. Her employment setting,already precarious, can betransformed instantly into anunwanted sexual encounter inwhich she is likely to feel even lesscontrol, a transformation that cancast shadows even when demandsare not being made. The feelingsof anxiety, fear, or vulnerabilityproduced by the spectre of sexualcoercion prevent women fromfeeling, or being viewed as, theequals of their male counterpartsin the workplace.Women who report sufferingfrom sexual harassment also sufferfrom economic vulnerability. Thesewomen are often extremelydependent on their jobs. At thesame time, women in low-statusand low-skilled jobs are more likelyto be victims of sexual harassment.Sexual harassment is notabout the sexual desire of theharasser or the sexual attractivenessor availability of the victim.Rather, it is about “... the desire ofmen to ensure continued economicdominance over women in theworkplace by discouraging womenfrom entering jobs in which theywould compete with men.” LouiseFitzgerald argues that:When the EEOC wrote unwelcomenessinto sex harassment lawand the Supreme Court gave ittheir imprimatur, they wereapparently thinking of sex as well,sex—sexual attraction, sexualdesire, sexual pursuit. But sexualharassment often has little to dowith attraction ... and everythingto do with power, misogyny, andthe crudest sort of abuse.Sexual Harassmentand Relational ThinkingCarol Gilligan has noted thatbecause of the “elaborate networkof relationships, the fact thatsomeone is hurt affects everyonewho is involved, complicating themorality of any decision andremoving the possibility of a clearor simple solution.” Moral andethical considerations are furthercomplicated by the fact that theadversarial legal system requiresthat some litigants lose, whileothers win. Gilligan identified twodistinct approaches to moralproblem solving. The first, relationalreasoning, emphasizesresponsibilities and relationships.The second, rights-based reasoning,focuses on prioritizing rights andrules. Gilligan argues that womentend to use relationship reasoning,the “ethic of care” rather thanrights-based reasoning, the “ethicof rights.” As a result, womenusing an ethic of care will makeimportant life decisions byfocusing on their relationshipsrather than any hierarchyof rights.The current law may inadvertentlypenalize women whoemploy such relationship-basedreasoning to make decisions abouttheir workplace sexual harassmentclaims. In particular, these womenmay not conform to the law’s viewof how women act in the workplace.The duty to report harassmentand the unwelcomenessrequirement in sexual harassmentlitigation are especially problematic.In fact, they may reveal a structuralbias in the law which serves todisadvantage women plaintiffs insexual harassment litigation. Caselaw often considers the formalreporting of sexual harassmentincidents as evidence of unwelcomeness,though studies revealthat women are unlikely to formallyreport harassment. Because therequirements of formal reportingand proving unwelcomeness areinconsistent with the actual conductof women, they may actuallythwart the purpose of equalemployment law. The very fact thatwomen may try to gain acceptancein the workplace by adhering tostereotypical gender roles of what isfeminine, and therefore acceptable,may harm them in bringing sexualharassment claims.A woman might be perceivedto welcome, excuse, or even participatein creating the hostile workenvironment simply because shetried to be accepted at work or toavoid potentially more difficultsituations. She might even try tobefriend her harassing co-workersor supervisors in an attempt tosurvive in a difficult maledominatedworkplace. As aresult, the woman is faced withan unworkable choice: if shecomplains early, she risks beingconsidered a hypersensitive troublemaker;if she waits, she risks beingfound to have accepted or evenwelcomed the harassing conduct.At first, the Jenson plaintiffsonly wanted the mine to implementa sexual harassment policy.Some scholars argue that relievingthe employer of legal liability bymere implementation of a workplacepolicy elevates form oversubstance. In effect, the employeris simply avoiding legal liabilityrather than reforming the workplace.It is ironic that Jensonplaced so much trust in theemployer anti-discriminationpolicy. Some scholars concludethat under the current law,an employer who has an antiharassmentpolicy, coupled withan internal grievance procedure,is basically liability-proof.Moreover, typical employerinternal complaint proceduresmay actually discourage victimsfrom filing complaints sinceemployers often do not or cannotpromise confidentiality. Currentsexual harassment law fails toaddress the systemic problemswithin the workplace. By focusingon harassment as an isolatedproblem between the harasserand the victim, the law failsto redesign the workplace toeradicate gender discrimination.Viewing sexual harassmentclaims as separate incidentsunderestimates their cumulativeeffects on the victims. ■http://law.ubalt.edu 19

FACULTY ARTICLEDANIEL L. HATCHERDANIEL L. HATCHER, assistantprofessor of law, teaches HealthCare Law, the Civil Advocacy Clinic,and Law and Poverty. Prior tojoining the UB faculty in 2004, Hatcher held a statewide position with the Maryland Legal AidBureau, serving as the assistant director of advocacy for public benefits and economic stability.He previously worked as a staff attorney for Legal Aid, representing adults in all areas of civilpoverty law as well as abused and neglected children, and also served as a senior staff attorneywith the Children’s Defense Fund’s Family Income Division.A draft of Hatcher’s article regarding the practice of state agencies taking foster children’sSocial Security benefits to reimburse state costs led to a front-page story in The New York Timesin February 2006. He has since testified before Congress on this issue and worked with congressionalstaff to draft federal legislation to implement his suggested reforms—which were recentlyintroduced by Democratic Rep. Pete Stark of California as the Foster Children Self-Support Act,HR 1104. Hatcher has also engaged UB Civil Advocacy Clinic students in advocacy regarding thisissue; their efforts have included representing former foster children to seek the return of theirSocial Security benefits and participating in a recent congressional briefing.The law review article excerpted here without footnotes may be found in its entirety at 27Cardozo Law Review 1797 (2006).FosterChildrenPaying forFosterCarePictured on opposite page: John G.* Source: Greensboro News &Record, Dec. 18, 2005; from “AtEleventh Hour, Judge Saves Boy inForeclosure,” by Lorraine AhearnAcross the country, tens of thousands of childrenwho have suffered a level of abuse and neglect requiring removalfrom the family home are being forced to pay for their own foster care.As a part of revenue maximization strategies often developed throughcontracts with private companies such as MAXIMUS, Inc., foster careagencies are engaged in the systemic practice of converting foster children’sSocial Security benefits into a source of state funds. The agencies identifyfoster children who are disabled or have deceased or disabled parents,apply for Social Security benefits on the children’s behalf, and then takethe children’s benefits to reimburse foster care costs for which the childrenhave no legal obligation. The states are using the Social Security benefits asa funding stream in order to reduce state expenditures rather than as aresource to address the children’s unmet needs. ...MAXIMUS promotes its “SSI Project” with the Illinois Department ofChildren and Family Services as an example of how the company canhelp state agencies benefit from the practice of using foster children’sSocial Security benefits to reduce state costs. The bottom line: as a resultof MAXIMUS’s efforts to help the state identify 4,300 disabled fosterchildren and use the children as a conduit to convert their Social Securitybenefits into a state funding source, “the state has realized savings of morethan $12 million since the project’s inception.” MAXIMUS takes a cut ofup to 12.5% in such revenue maximization projects.There is no federal statute, regulation, or policy that specificallyaddresses this use of federal benefits. The practice is not the result ofdeliberative policy discussions regarding how to best serve children in fostercare; it is simply an ad-hoc reaction by under-funded state agencies.Foster care agencies screen children in state care to determine those20 NOTA BENE fall 2007

who are currently or potentially eligible to receive Social Security benefitsbecause of the children’s disabilities or because the children’s parents aredeceased or disabled. The agencies then apply for benefits on the children’sbehalf and seek to become the children’s representative payees inorder to manage the benefit payments. Although state agencies are theleast preferred choice for a representative payee and the Social SecurityAdministration is required to look for anyone more preferred, the stateagencies are selected as the payees for foster children through a virtuallyautomatic process—with the applications processed in batches through acomputer programming tool termed the “kiddie loop.”Once the agencies become representative payees, their new roles provideaccess to the children’s funds through a fiduciary relationship.However, rather than fulfilling their fiduciary obligation to consider andchoose between various uses of the benefits to best serve the interests ofthe children, the agencies apply fixed state rules that require using thechildren’s Social Security benefits to reimburse state costs. Consider thestory of a fifteen-year-old boy in foster care named John G.[:]a story of uncommon cruelty, compounded by layer upon layer ofbureaucratic incompetence. And finally, no remorse from the only parentthe boy, at age 15, has left—the Department of Social Services. ... In acase that illustrates the daunting odds that face teens aging out of fostercare, the story began when the boy was a baby and his father, soon afteradopting him, died of cancer. In his will, [the] church custodian ... leftyoung John a savings account, a monthly survivor benefit and a Habitatfor Humanity house with a small monthly mortgage [of $221 permonth]. But the boy was also left with a stepmother who subjected himto daily abuse for his first seven years—whippings with belt buckles andVenetian blinds, the judge recounted. To the doctor at UNC who notedbroken bones and cigarette burns on the child, John had confided thatthe stepmother “would become mean when she smoked the rock.” Enteran aunt, who next adopted John and moved into the little house. ...What social workers didn’t know—for another six years—was that theaunt enlisted the child to sell drugs for her. ... With the boy now left infoster care and the custody of the DSS, what at last forced the case intopublic view was that Habitat was about to foreclose on the vacant house,having received no payments in a year. The DSS, it turned out, wasusing the child’s survivor benefit to reimburse itself for his support.Though the child’s lawyer’s pleaded that protecting the child’s inheritancewas “the fair and decent thing to do,” an attorney for DSS argued thatthe agency had no obligation to use the boy’s money to pay his mortgage.*profession. The benefits could also be saved to purchase a car—nowvirtually a necessity for independent living. Or, the benefits could simplybe conserved in a savings account that can serve as an emergency fundfor the many unforeseen expenses that John will likely encounter.However, under current state agency practices, John’s individual needsand circumstances are not considered. Apparently adhering to a blanketagency rule, the state agency automatically applies John’s benefits to reimbursethe state for costs that John is not legally obligated to pay.Although the practice strips foster children like John of a cruciallyneeded resource and ignores the children’s individualized needs, a unanimousSupreme Court upheld the practice in Washington State Departmentof Social and Health Services v. Guardianship Estate of Keffeler, relying onsupporting amicus briefs filed by most states, numerous counties, theU.S. Solicitor General, and several national child advocacy organizations.Luckily for Danny Keffeler, by the time of the Supreme Court’s decisionin his case, his grandmother had successfully held off the state’s attemptto replace her as representative payee, and Danny’s benefits were conservedto allow him to obtain a college degree. Unluckily for the tensof thousands of other foster children receiving Social Security benefits,their state agency representative payees—now armed with the Keffelerdecision—will continue to use the children’s benefits to replenish thestate coffers rather than to meet the children’s needs.photo: Chris KeaneIf John’s representative payee, now the local department of social services,applied fiduciary discretion to determine how to use the benefits tobest meet John’s needs, the payments could be used to make the smallmortgage payments on the Habitat for Humanity home so that John notonly has a place to live when he ages out of foster care, but a home thatis truly his. Also, the excess benefits beyond the mortgage payments couldbe conserved as part of a plan to help John prepare for his transition toindependence. Several options are possible. The benefits could be usedto save for college or pay the cost of vocational education and trainingand to purchase specialized tools or equipment for John’s future chosen

MOVIN’ ON UP: New LawDean Sets Sights HighBy ElizabethSchuman, M.A. ’94Phillip J. Closius

“He is motivated to besuccessful, and he caresabout outcomes.”Robert L. Bogomolny, UB presidentTaking a pragmatic, student-centered approach, Phillip J. Closius, the newdean of the University of Baltimore School of Law, has already given greatthought to the future of the 80-year-old law school.At the onset, Closius believes that UB has the right stuff to be a major regional player. “The Universityhas great teachers and an emphasis on the student,” says Closius, 56, who was selected following anextensive national search by a committee that comprised law school faculty, staff, alumni and students.“The first perspective of any school must be in the classroom, and UB has that focus,” he says.With that in mind, the New York native and former dean of the University of Toledo College of Lawwould like to bolster the school’s reputation with a multifaceted approach that takes into accountaffordability, facilities and marketing presence.His initial plans begin with making law school a reality for students. “The law school needs to securea large increase in scholarships offered to students,” he says.Taking a longer-range view, he also points to the physical infrastructure. “The school needs a newbuilding,” he notes. “Optimistically, that may not happen for some six years, but in the short term,there is a pressing need to renovate the current building.” Conversely, while it’s easy to obsess over abricks-and-mortar project, he emphasizes the importance of the here and now, rather than putting offinternal organizational improvements until a building is approved and built.That Closius is hitting the ground running is no surprise to leaders at the University of Baltimore. “Philstood out because of his excellent experience and clear sense of priorities,” says UB President Robert L.Bogomolny. “He is motivated to be successful, and he cares about outcomes.”Achieving success must include addressing the school’s name and image, Closius believes. “We needto publicize the good things that happen at the law school,” he says. Which brings him to the elephantin the room—U.S. News & World Report’s annual ranking, which puts the University of BaltimoreSchool of Law in the fourth tier.“No matter how flawed we believe the ranking system to be, we cannot ignore it,” Closius says. “At theend of the day, almost everybody uses it. Even though the method is imperfect, it is a tool.“In this 21st-century world, marketing matters,” he continues. “The report is part of that mix.”http://law.ubalt.edu 23

“Phil will help the lawschool set a hightrajectory for visibilityand excellence.”Wim Wiewel, provost and senior vicepresident for academic affairsThe challenges at UB aren’t new to Closius. TheUniversity of Toledo College of Law had a similarprofile when he took the helm in 1999. “Wewere ranked as a fourth-tier law school andneeded to raise passing rates on the state barexam,” he says. Today, the college is ranked 85thin the United States and is considered a top lawschool in Ohio, which has nine law schools.That expertise solidified the decision to bringClosius on board, says Wim Wiewel, provostand senior vice president for academic affairs atUB. “Phil will help the law school set a hightrajectory for visibility and excellence,” he says.“We are looking forward to his superbcommand of detail and his ability to move theschool forward.”UT colleague Bill Richman speaks glowingly ofClosius’ approach. “Phil is a change agent. Hemakes things happen,” says Richman, a distinguisheduniversity professor and a graduate ofthe University of Maryland School of Law. “Philmanaged to take a fourth-tier law school andturn it into a second-tier school, while addressingthe bar exam problem.” UT now has one ofthe highest bar passing rates in the state.Richman recalls that Closius instituted testreview sessions, where students were given timedessay and multiple-choice tests, similar to thebar exam, to familiarize them with the testingapproach. Closius also added the requirementthat students who earned a grade lower than a C in any bar topic were required to take the course again.One of Closius’ most significant accomplishments at UT was the implementation of full-tuitionscholarships, designed to attract the best and the brightest to the school. “People could attend OhioState or the University of Michigan but choose to come here because of the scholarship,” Richmansays. That caliber of student invigorates learning and achievement, he explains.It is while guiding younger faculty and students that another side of Closius comes out—that ofcoach. This wannabe professional athlete has never strayed far from his love of sports and is known forutilizing many of the same strategies as the toughest, most admired coaches and players. Although headmits that his days of pick-up basketball are not as frequent as they once were—“Now, I try not toget hurt,” he says—he still relishes the idea of dunking the ball.Fittingly, while this diehard Yankees fan never stepped foot on professional turf, he did spend sometime in the 1980s as a sports agent, negotiating player contracts for the likes of first-round draft pickMel Owens of the Los Angeles Rams. “A good agent helps players through the system, which is knownfor using you and then spitting you out,” Closius says.Like an athlete who stays close to the field, Closius, a born teacher, would not dream of leaving theclassroom behind. Typically, he says, he teaches one or two courses a semester.“Teaching keeps me in touch with students and gives me a common experience with faculty,” he says.“When deans do not teach, they lose touch. If you teach, you become expert in what is happening atyour institution.” At UB, he anticipates leading a class in constitutional law—a one-semester, 4-creditcourse—in the spring.With the UB School of Law accounting for nearly 23 percent of UB’s approximately 4,900 students(as of fall 2006), Closius is also cognizant of the school’s role. “As part of the University community,we have a strong responsibility to be active and connected,” he says.He is enthused about starting a new chapter in Baltimore. “I’d never been to the city until lastsummer, when I began learning about the University of Baltimore,” he says. “It’s a great city for me,professionally and personally.” Closius nevertheless plans to retain his allegiance to the Yankees.“As soon as I learned about UB, I became incredibly excited about the potential this school has,”he says. “The people and locale make for a perfect fit.”“Teaching keeps mein touch with studentsand gives me acommon experiencewith faculty.”Phillip J. Closius, UB law dean24 NOTA BENE fall 2007

PROFILE:Fast break: Closius literally hit the groundrunning upon his arrival at UB—in bothdeveloping his goals for the law schooland perfecting his three-pointer on the UBAthletic Center’s basketball court.B.A.University of Notre Dame,magna cum laude, 1972J.D.Columbia University School of Law,Stone Scholar, 1975PRIVATE PRACTICEKelley Drye & Warren, New YorkACADEMIC APPOINTMENTSUniversity of Toledo College of Lawfaculty since 1979; dean, 1999-2005AFFILIATIONS AND AWARDSAmerican Bar AssociationAssociation of American Law SchoolsOhio State Bar AssociationToledo Bar AssociationUT Outstanding Professor of the Year Award(three times)Black Law Students AssociationProfessor of the YearSPECIALIZATIONSconstitutional law, First Amendment law,sports lawhttp://law.ubalt.edu 25

Serving ‘Katrina Time’: law student volunteersaid prisoners the storm left behind By Christianna McCauslandAngela Novy was starting her second year of law school at Loyola Universityin New Orleans when Hurricane Katrina struck on Aug. 29, 2005. It wasn’tthe first time there had been a call for evacuation, and Novy, who is also inthe Coast Guard, wasn’t easily moved. Only when it becameclear that this was a storm unlike any other did sheleave. “I evacuated to a relative’s home in BatonRouge at 3 in the morning the day the hurricanehit, with nothing but my dog, a change ofclothes and my law books,” she remembers.

Although Novy was able to recover most of herbelongings, she chose not to return to Loyola.The school and the city were not what they hadonce been, and she had concerns about the shortandlong-term health effects of living in an areaso heavily damaged by flooding. Instead, shespent one semester as a visiting student atGeorgetown University before transferring to UB.In the months after the hurricane, she waspreoccupied with relocating her life and herlaw school career. In September 2006, Novy—bythen a third-year law student—caught sight of anABA Journal article. The article detailed the problemsfacing the Gulf Coast region and the effortsof the Student Hurricane Network, a nationalcoalition of law students, lawyers and administratorsthat coordinates volunteer programsthroughout the area. SHN programs help thoseaffected by Katrina with everything from propertydisputes, landlord-tenant issues and insuranceclaims to assisting the many prisoners lost in thejustice system after the storm. The SHN alsoconducts physical rebuilding programs.Inspired by the story, Novy visited the SHNWeb site and began to recruit other interestedstudents and faculty at UB. “Angela sent ane-mail in search of faculty, student and attorneyvolunteers, and I responded,” says Stephen Harris,J.D. ’63, former public defender for Marylandand a distinguished attorney in residence atUB. “The next day she was at my office.”In late 2006, Novy and Ed McNally, then asecond-year law student, formed a chapter ofthe SHN at UB. They immediately embarkedon a fundraising campaign to garner enoughcash to bankroll a volunteer trip over winterbreak, as it cost approximately $600-$1,000per volunteer to cover the travel, housing andother expenses involved.The students tried raising money the oldfashionedway—bake sales—with minimal success.Luckily, in November 2006, the Universityfreed funds from a larger, unspecified gift givenby Kenneth O. Hassan, J.D. ’74. “We had talkedabout his gift for a while, but the check came inat just the right time,” explains former UB lawDean Gilbert A. Holmes. “I’m a strong believerin public service and finding different ways togive back. For our students to want to go toNew Orleans and help in the manner they didappealed to me. When they needed funds, I washappy we were able to help.”On Jan. 5, 2007, the UB team members putaside their busy professional and academiccareers and their personal lives and arrived inNew Orleans for a weeklong volunteer effort.The UB contingent of three faculty members,three public defenders from the Maryland Officeof the Public Defender and nine law school studentsjoined other law students and attorney volunteersfrom around the country. While two studentsworked on civil claims and legislativereform efforts through the Loyola Law Clinic,most of the UB students volunteered with theKatrina-Gideon Interview Project, a cooperativepartnership among the New Orleans publicdefender’s office, the Tulane Law Criminal Clinicand the Student Hurricane Network. TheKatrina-Gideon Interview Project—an effortspearheaded by Pam Metzger, a clinical professorat Tulane—refers to Gideon v. Wainwright, whichobliges states to provide counsel for indigentcriminal defendants.The students were put to work helping themany prisoners serving “Katrina Time”—unwarrantedtime in prison after their cases werestalled, forgotten or simply lost in the posthurricanequagmire. “The needs down there inhttp://law.ubalt.edu 27

“When we faced the actual compound of theprison, the flood lines were visible along theentire length of the prison.” —Angela Novy,UB student volunteerthe criminal justice system are overwhelmingdue to lack of resources, manpower and funding,”Novy explains. “And there is this enormousbacklog of cases in addition to new crimes.”To understand the scope of the justice problem,one must remember the scale of the stormitself. Hurricane Katrina was a natural disasterunlike any the United States had seen before.The storm and subsequent flooding affected90,000 square miles, caused the largest displacementof people—one million—in Americanhistory and cost an estimated $81.2 billion.Many of those forgotten as the storm torethrough New Orleans were prisoners in thestate’s correctional facilities. In an October2006 report, the SHN states:When Hurricane Katrina made landfall onMonday, August 29, 2005, most of the prisonersbeing held in Orleans Parish Prison were abandonedby prison guards who fled the floodwaters.Many prisoners were trapped in the putrid watersfor up to four days without food, electricity, orclean drinking water. What ensued was nothingshort of a humanitarian and constitutional crisisof monumental proportions.In the wake of the hurricane, prisoners wereremoved from uninhabitable correctional facilitiesand dispersed throughout the state.Families could not find relatives in the system;many of the prisoners were pre-trial detaineesand had not seen a lawyer or been arraigned.Their displacement only lengthened their timein prison without representation. In manycases, floodwaters damaged evidence, case filesand vital paperwork. After Katrina, there was abacklog of some 6,000 cases with more casespiling up as new crimes were committed.The UB students got a taste of the storm’stragic proportions on a tour of the main criminalcomplex when they first arrived. “When wefaced the actual compound of the prison, theflood lines were visible along the entire lengthof the prison,” Novy remembers. “We also wentto the House of Detention. It was in really poorshape and smelled horrible, probably because ofpoor ventilation. The guard was a kind man,but [he was] there for too many hours of theday because they were short-staffed.”Although the enormity of the storm certainlyaffected the efficiency of the justice systemin New Orleans, there were significantproblems within the public defender’s officeprior to Hurricane Katrina that were revealedin gross relief in the storm’s aftermath. Forstarters, the office was chronically underfunded.While most public defender’s offices arefunded by taxes, the New Orleans office wasprimarily paid for by revenue from local trafficand parking tickets. Its public defenders werenot full time; most maintained private practicesand squeezed their public defense workin between more lucrative private cases. Inaddition, Novy says, the structure of the systemwas such that an accused individual couldremain unrepresented in jail for more than45-60 days because he or she was too poorto afford bail—there were no preliminaryhearings, no investigations and no bondreduction motions. Katrina’s floodwatersmerely uncovered an already strapped andinefficient indigent defense system.Through the Katrina-Gideon InterviewProject, students set out to re-establish case historiesfor prisoners lost in the system and toconduct valuable legwork for the overwhelmedpublic defender’s office, which was trying torebuild itself.28 NOTA BENE fall 2007

“We did more than visit these people. Thevolunteers were saviors for many of theseprisoners.” —NovyAccording to Novy, there was no “average”day while the UB group was in New Orleans.Each morning, the students would leave thecramped apartment Novy had found for themto share and go to the public defender’s officeto meet with volunteers from other schools.Under the direction of the SHN and its partnerorganizations, students were assigned severalcases that often were in no better shape thanthe city itself. Some case files contained nothingbut a computer printout with a few detailsof the detainee’s history. Others only providedthe prisoner’s name, with no information aboutthe charges or the date of arrest. Students hadto rely on the clerk of courts to track downmore documentation, working their waythrough a city in disrepair.Working in partnership with the LouisianaDepartment of Safety and Corrections, thelocal district attorneys, the criminal districtcourt and the Sheriff’s Department, the studentvolunteers would frequently go to the prisonduring visiting hours at 9:30 a.m. and 1:30p.m. to conduct interviews with prisonersunder the supervision of UB faculty and alumnivolunteers. It was a learning experience for boththe volunteers, many of whom were first-yearstudents and had never been inside a prisoninterview room, and the prisoners, who wereexpecting finally to meet with an attorney—and were met by a group of fresh-facedlaw students.“They brought the prisoners up, some inhandcuffs, into this long room with glass,”Novy remembers. “They just stared at us. I’msure the prison guards told them they weregoing to see their attorney, and here’s this hugegroup of 18 or 20 young people.” Once the studentsexplained that they were there to help,Novy says, the prisoners’ skepticism gave way tohappiness. Another UB student on the trip,Jessica Vollmer, recalls that one of the womenshe met started crying when she realized thestudents were there to help her.“We did more than visit these people,”Novy says. “The volunteers were saviors formany of these prisoners.”In the interview room, students nailed downthe timeline for each case, including each prisoner’stransfers after Katrina. They then drafteda memo that was reviewed by the volunteersupervisors before being passed to the publicdefender assigned to the case.One of the most memorable clients towhom the students were assigned was a middleagedman incarcerated in May 2005 on amisdemeanor. “The first time we entered theroom, he looked at us with questionable uncertaintybut was immediately relieved when wetold him we had been assigned his case andwere there to help him,” Novy says. “He said hewas like a celebrity on his cellblock because hewas actually getting to see a lawyer. He askedus to send more volunteers so his friends couldreceive assistance, too.”During the course of three interviews in theOrleans Parish Prison, the client explained thatwhen Katrina hit, he found himself swimmingin his cell in neck-deep water until authoritiesrescued him and other prisoners by boat. Hishearing, originally set for September 2005,never happened—there was no one in NewOrleans to conduct it—and betweenSeptember 2005 and April 2006, he was transferredseven times to different prisons throughoutthe state. When he finally had a hearing,almost a year after his arrest, the judge signedhis release forms.Fifteen members of the Student HurricaneNetwork’s UB chapter worked tirelessly to aidhurricane victims, particularly prisoners who hadbeen abandoned or lost in the system.http://law.ubalt.edu 29

“These efforts are crucial because they help keepus aware of how vulnerable New Orleans still isand how thousands of human beings continueto suffer from the ravages caused by HurricaneKatrina.” —Michele Alexandre, visiting lawprofessor at UBBut there was a complication. The manowed fees to another section of the court.Having not worked in more than a year, he wasunable to pay the fees and was sent back toprison. The disconnect in the system becamehorribly evident when, in November 2006, anarrest warrant was issued for the client becauseof the outstanding debt; only then did authoritiesrealize he was still in prison.In December 2006, the same judge who hadsigned the release order for the man triedagain—and profusely apologized for the ongoingconfusion—but when this same individual’scase was assigned to the student volunteers inJanuary, he was still in prison. Even the publicdefender didn’t realize the man was still incarcerated.After discussions with the publicdefender and court officials, the students andthe assigned public defender pleaded to get theman’s case on the docket. Through their workand persistence, many of the fees were waived,and he was released in February.“We were able to get in touch with hismother and sister, and they could provide himsupport once he was released,” Novy says. “Hismother thanked us for our communicationwith them and expressed that it was the bestcommunication she had received since her sonwent to prison in 2005. His mother told us wehad answered her prayers.”Since the storm, the besieged public defender’soffice has been forced to clean up its act, thanksin part to national attention being focused onthe failed system. Full-time defense attorneys arebeing hired, and a new public defender’s officewill allow clients to meet privately and in personwith defense attorneys or to call them directly,which was not common before. While theseefforts are helping to pave the way for a newcriminal justice system, funding is still an issue;it will take time to clear the enormous backlogof prisoners serving “Katrina time.”Through the SHN, nearly 3,000 studentsthroughout the nation have logged thousandsof volunteer hours, providing vital help to abattered justice system. Rebuilding this communityis a slow and frustrating process, notonly for those in prison, but also for the manypeople who want to reconstruct their homesin the Gulf region but are finding federal andprivate insurance funds are slow to arrive—ifthey arrive at all.So the UB chapter is continuing its efforts.Vollmer, now a second-year law student, hastaken on a leadership role in the UB chapterdespite working full time and attending classesin the evening. (Novy is graduating inDecember.) After the students returned,Vollmer and her peers conducted a panel discussionto share their experiences, and shecoordinated a Mardi Gras-themed fundraiser,one of many at SHN chapters around thenation. Vollmer explains that the chapter is tryingto formalize its status to make fundraisingeasier—“We can’t always rely on the school formoney,” she says—and they are planninganother winter-break trip to the Gulf region.“It’s very disheartening to hear the stories ofwhat happened to people,” Vollmer says. “At thesame time, we’re very hopeful that, with help,things can be better. But they need a lot of help.”While many in the country seem to haveforgotten about the plight that still faces theGulf Coast, there are thousands of law schoolstudents and volunteer attorneys who remember.“These efforts are crucial because they helpkeep us aware of how vulnerable New Orleansstill is and how thousands of human beingsMembers of the law school’s SHN chapter sharedtheir volunteer experiences with the UB communityand local media at a panel discussion inlate January. Pictured, l. to r.: Angela Novy;Rebecca Celotto, 2L; Elizabeth Hiatt, J.D. ’07;Brenda Holley; and Stephen Harris,distinguished attorney in residence30 NOTA BENE fall 2007

UB’s Student Hurricane Network team on the stepsof the Orleans Parish Criminal Court buildingcontinue to suffer from the ravages caused byHurricane Katrina,” says Michele Alexandre, avisiting law professor at UB who helped rebuildhouses on the New Orleans trip. “These effortshelp keep the spotlight on New Orleans’ andthe Gulf Coast’s need when the mainstreammedia fails to do so.”Vollmer says the chapter is planning to conducttrips once or twice a year, as the recoveryin the Gulf region isn’t going be completedanytime soon. “Until you see it, it doesn’t hityou as hard,” Vollmer says. “But then you walkaround the courthouse and see the flood linesover your head, and you hear the horror stories.”For Novy, whose previous experience workingfor the government had shown her only theprosecutorial side of law, the New Orleans tripwas eye-opening. “This experience changed mywhole outlook, and I think I will be more effectivein my lawyering in the future because of it,”she says. “I will look back in time and rememberhow we, as law students, turned our legal trainingand compassion into action. The studentparticipation through the Student HurricaneNetwork is truly representative of what the nextgeneration of lawyers can accomplish.” ■The Team: ATTORNEYS TOVIA EDMONDS, BRENDA HOLLEY, JAMES JOHNSON;FACULTY MEMBERS MICHELE ALEXANDRE, STEPHEN HARRIS, SHELDON LASKIN; STUDENTSREBECCA CELOTTO, MAHASIN EL-AMIN, THANE ERICKSON, ALEXA GORANSSON, ELIZABETHHIATT, SARAH MANN, ANGELA NOVY, MELISSA RASZEWSKI, JESSICA VOLLMER■ Name: Stephen Harris, J.D. ’63 Title: distinguished attorney in residence, University of Baltimore School ofLaw; former Maryland public defender Project involvement: assisted students with interviews, served asa liaison between local authorities and students On the quality of work done by UB students: “I was veryproud of them. They worked so hard—making phone calls, resurrecting files. Even after we got back, thework was superb. I don’t know if they’ll all go on to be public defenders, but I think they came away with anidea that someone needs to speak up for the poor and represent them in court.”■ Name: Kenneth O. Hassan, J.D. ’74 Title: of counsel, Hassan, Hassan & Truchman Project involvement:provided vital financial funding (through a larger, unspecified gift to the University) that allowed studentsand advisers to go to New Orleans On why he chose to give to the program: “Having lived through fourhurricanes in Florida, I can appreciate the destruction they cause and the massive rebuilding efforts theyentail. I was proud to assist these students in their efforts to remedy oversights in the judicial system wroughtby Katrina. I hope that this and all their experiences at UB will impact as positively on their lives as theUniversity did on mine.”■ Name: Brenda Holley, J.D. ’02 Title: criminal public defender, city of Baltimore Project involvement: supervisedstudents in their efforts with the Katrina-Gideon Interview Project On what still needs to be done inNew Orleans: “I’m glad I went, and I’d do it again, even more so now. We’re the United States, separate statesbut one country, so what happens in one state eventually affects everyone. When one part is hurting, we allneed to help out, and the more people help in an organized way, I think New Orleans will recover faster and bein better shape than it was. But there’s a lot of work to be done.”■ Name: Michele Alexandre Title: visiting assistant professor of law at UB Project involvement: worked withPeople Organizing Committee, a branch of the New Orleans Survivor Council, to gut the houses of returning residents,restore public housing apartments and help educate individuals about their legal rights regardinghousing On how New Orleans is recovering post-Katrina: “New Orleans is still in a very challenging andprecarious state. A great number of displaced New Orleanians still live in FEMA trailers around the nation.A great number of neighborhoods are still unlivable. The city and its residents still need a lot of help.”For general inquires or to volunteer, contactthe Student Hurricane Network at general@studenthurricanenetwork.org.http://law.ubalt.edu 31

While many law students aspire to becoming partners in a prestigious law firm and to pulling a six-figure or better income,there are plenty of others who prefer to work for the common good. For these individuals, the University of Baltimore’s mottocan be tweaked a bit: “Knowledge That Works” becomes “Knowledge That Works for a Good Cause.” ■ Here Nota Benetakes a look at four such alumni who are working to change the world for the better.‘KNOWLEDGE THAT WORKS’ FOR A GOOD CAUSEBY MARY MEDLANDVICTIMS’ RIGHTS: RUSSELL BUTLER, J.D. ’84In April 1982, Stephanie Ann Roper, a college student home for springbreak, was raped, beaten with chains, set on fire and murdered. It was anespecially brutal crime that shocked Maryland residents.Perhaps even more horrifying was that the two men convicted of killingRoper received concurrent life sentences—which meant they were eligiblefor parole in 11 and a half years.Roper’s parents—Roberta and Vince—quickly learned that they had fewrights in the criminal justice system. At the time, for instance, they did nothave the right to be present during the trial because of a sequestration rule.In October 1982, the family established the Stephanie Roper Committee(which advocates for victims’ rights) and Foundation (which helps other victimsthrough the criminal justice system). Twenty years later, the committeeand foundation merged with the Maryland Crime Victims’ Resource Center.The resource center’s current executive director is Russell Butler, J.D. ’84.“I originally became involved because I was a good friend in law schoolwith Kurt Wolfgang [J.D. ’84],” Butler says. “Kurt’s father was one of threelegislators in the Ropers’ district, and Kurt volunteered to help the Ropersas a lobbyist and in drafting bills for the General Assembly.”The Ropers hired Butler in 1985 to lobby for the Stephanie RoperCommittee, and he then went on to work as the attorney for the StephanieRoper Foundation. In 2002, he took over the reins as executive director. Now,Butler and his staff provide services—such as accompanying victims tocourt, educating victims and their families about how the criminal justicesystem works, advocating for victims’ rights and providing social services andpost-trauma counseling—to between 500 and 600 people annually.Funding comes from a number of sources—pass-through money fromthe Department of Justice’s Office for Victims of Crime—as well as fromMaryland Legal Services Corp., other federal money and individual andcorporate contributions.In spite of the laws that have been changed, Butler still has frustrations.“The concept of victims’ rights is only about 25 years old,” he says, “and it hasnot become ingrained into our legal system. For example, most judges do notunderstand that if victims’ rights are ignored, their decisions can be reversed.“Many of these rights we have fought so hard to create are frequently nothonored, and crime victims often appear not to have the rule of law on theirside. Most victims do not know they have a right to an individual attorney.”However, Butler is determined to see victims’ rights become entrenchedin the minds of every attorney and law enforcement officer. “UB has beenvery helpful, and I have a number of UB graduates on my staff,” he says. “Inaddition, I teach a Rights of Crime Victims course at the University ofBaltimore, which [Professor] Byron Warnken helped create.”“I have a wonderful opportunity to work with individual clients but alsowith crime victims as a class of people,” Butler explains. “When we changethe laws, we can help thousands upon thousands of other victims who wewill never know or meet.”32 NOTA BENE fall 2007

HEALING THE ILL: ELLIOT FINEMAN, J.D. ’81Two days after getting married, Elliot Fineman, J.D. ’81, stepped into hisfirst University of Baltimore law school class. He was hardly your typicalfirst-year law student—he had an M.S. in biology from GeorgetownUniversity and was working for Litton Bionetics, a major contractor withthe National Institutes of Health. “I was living in Rockville and taking theMARC train to Baltimore at the end of the workday,” Fineman says. “Therewas always a small cohort of law students who made the run fromWashington, D.C.”Midway through law school, Fineman held down a job clerking for apatent law firm, where he found himself writing patents on technologycoming from NIH. “I applied to take the patent bar exam, but was rejectedby the U.S. Patent Office,” he notes. (His biotechnology degree did not,at the time, qualify him to take the exam.) Hardly deterred, Fineman sayshe “had other attorneys write letters requesting that I be allowed to take thatexam”—a strategy that paid off.After passing the patent exam and finishing law school, Fineman movedto California, where he worked for several biotechnology firms before hestarted SuperGen, a biotechnology company that went public in 1996. “Iwanted to have an impact on people’s lives, and my exposure to the drugdevelopment process made me very interested in health care,” he says of hismotivation. “Founding my own company provided me with … a decisiveopportunity to develop and create new products to help others.”In 1998, a friend asked him to become president and CEO of PlanetBiotechnology, an outfit that makes monoclonal antibodies for the treatmentand prevention of infectious disease. “A monoclonal antibody is anantibody that is made by a genetically engineered cell that produces copiesof the same antibody over and over again,” Fineman says. “It is highly specificfor binding to disease-causing bacteria and viruses.”Planet Biotechology has come up with a unique way of making theseantibodies by genetically engineering tobacco plants to be the primary producer.“We have found a way to do this that is cost effective, and as a resultwe have targeted diseases that are public health problems,” he notes.One of Fineman’s products is already approved for marketing in Europe,although not in the United States. His antibodies have been put into a dentalgel that one uses after having one’s teeth cleaned. “If you use the gel fortwo weeks, you will be protected from decay-causing bacteria for up to oneyear,” he says.Another product Fineman and his staff are working on is developing amolecule that is designed to prevent rhinovirus—the most common causeof the ordinary cold.And though he isn’t a practicing attorney, Fineman says his UB law educationis essential to his success and that of his company. “My experience atthe University of Baltimore was absolutely catalytic in moving my careerfrom a bench scientist to an entrepreneur,” he says. “I have a good appreciationof the legal issues that affect what I do and what my company does.Now I can anticipate the legal hurdles and take measures to address themmore effectively.”Legal education and determination in hand, Fineman is committed tomaking a difference through his company: “I want to see this companymeeting its mission and having an impact on public health issues, as wellas working on biodefense products.”http://law.ubalt.edu 33

‘KNOWLEDGE THAT WORKS’PRISON REFORM: TONYA McCLARY, J.D. ’94Washington, D.C., native Tonya McClary, J.D. ’94, knew from an early agethat she wanted to use her law degree to pursue social justice issues. She wasinspired by her mother, a teacher in the nation’s capitol, and wanted to findher own way to give back to society. “I always knew that I wanted to workin public interest law,” she says.After picking up a degree in English and African-American studies fromthe University of Maryland, Baltimore County, McClary began her studiesat UB. “What I liked most about the University of Baltimore School of Lawwas its wonderful Civil Clinic,” she says. “It was great to actually be doinghands-on work with people in the community. I also did community workas vice president of the Black Law Students Association.”Upon completing law school, McClary worked in the Office of thePublic Defender in Baltimore and then returned to D.C. to work forAmnesty International as a Ralph J. Bunche Fellow, named for the 1950Nobel Peace Prize winner. She devoted her energy to encouraging youngpeople of color to become more involved in issues of human rights.“Amnesty tends to be a white, middle-class organization, but it is workingto become more inclusive,” McClary says.McClary next worked for the NAACP Legal Defense Fund and theNational Coalition to Abolish the Death Penalty before becoming thedirector of the National Criminal Justice Program of the American FriendsService Committee five years ago. “Because of its stance on prison abolition,this is an organization that actually has a vision of a world without prisons,”she says. “I really wanted to be able to start to figure out what that meantand find a way I could aid in this fight.”One of her goals is to reduce the number of inmates in American prisons.“I really don’t believe that this country should be incarcerating its owncitizens, although I know that today we just can’t shut all the prisonsdown,” she says. “If you compare the United States to other countries, wehave a far higher percentage of our citizens in prison. Prisons are not forrehabilitation. … They are simply punitive. People were appalled when theabuses at Abu Ghraib became public, but there are similar human rightsabuses going on in American prisons every single day.”“Although I ultimately envision a world without prisons,” McClary says,“I am currently working to find ways to make our present system morehumane and less damaging to those who are incarcerated.”34 NOTA BENE fall 2007

Other graduates of law schools who have effected significant change:● Shirin Ebadi, human rights attorney and Nobel Peace Prizewinner (Tehran University Faculty of Law and Political Science)● Marian Wright Edelman, founder and president, Children’sDefense Fund (Yale Law School)● Mahatma Gandhi, the “father of nonviolence” (University Collegeof London Faculty of Laws)● Constance Baker Motley, judge, state senator and civil rightsattorney best known for her role in Brown v. Board of Education(Columbia Law School)● Ralph Nader, consumer rights advocate (Harvard Law School)● Studs Terkel, author and social historian (University of ChicagoLaw School)COMMUNITY LEGAL AID: KRISTINE DUNKERTON, J.D. ’98As an American University student majoring in international studies with aconcentration in Latin America, Kristine Dunkerton, J.D. ’98, had plannedto work in international community development. “But my partner hadinherited a house in Baltimore, so I was commuting back and forth to D.C.and that commute was killing me,” says Dunkerton, the executive directorof the Community Law Center. “I originally had planned to go to lawschool in Oregon, but I saw so much that I could do here, so I applied tothe University of Baltimore.”During the academic year and in the summer, Dunkerton took oninternships at various organizations, including the Maryland Association ofNonprofit Organizations, the Rockville-based Animal Legal Defense Fundand the Maryland State Police. In her second and third years at UB,Dunkerton worked with the Community Development Clinic. “I wasabsolutely in love with the work,” she says. “I had about seven clients andwas always asking for more. Finally my professors told me to just go andvolunteer at the Community Law Center.”Her work with the center—a nonprofit law firm that provides free legalservice to community and nonprofit organizations—ranged from helpingbusinesses acquire 501(c)(3) status to assisting with specific projects. “Iworked with the South East Community Organization to acquire differentpieces of property, and I worked with a community gardening organization—awonderful group that grew everything from potatoes to peach treesto watermelons right here in Baltimore City—when it had problems withstate property taxes and water bills,” she says.Today, Dunkerton—director of the Community Law Center since2005—and her staff focus on providing a mix of direct legal services tononprofit organizations and supporting policy and legislative efforts thataffect people in Baltimore. For instance, the Community Law Center has aproject that aims to end predatory and deceptive real estate practices. “Wealso have a pro bono project to match attorneys with clients throughout thestate that want to do community redevelopment work or begin new nonprofitorganizations,” Dunkerton says. “We have about 220 such attorneysfrom the Baltimore area who are active.”For those community organizations in Baltimore City that cannot affordmarket-rate legal services, the center is there to help, and its environmentaljustice project involves attorneys working with Baltimore-area communityorganizations that have legal problems, such as with industrial compliance ornoncompliance, or that want to revitalize vacant lots. (Five hundred such lotshave been improved over the past couple of years.) The center’s attorneys alsowork with nonprofits looking to acquire vacant houses to renovate.“Our newest effort is the Small Business Legal Services, in which youthentrepreneurs who are unable to afford legal services can work with us toopen a business in a distressed neighborhood, which is something that thecommunity associations have to approve,” she says.http://law.ubalt.edu 35

FOR THE PUBLIC GOODlawyers give moreto help thosewith lessBy Giordana SegneriLike so much in legalese, pro bono comes from theLatin: pro bono publico, for the public good. Pro bonowork benefits the less fortunate—those who might nototherwise be able to afford legal services—butaccording to those lawyers who participate in pro bonowork, it does a world of good for the lawyersthemselves, too.There are no hard-and-fast regulations about providing pro bono legalservices. American Bar Association Model Rule 6.1 refers to voluntary probono public service and includes words, such as “aspire to” and “professionalresponsibility,” that relay honorable ideals but nothing aboutexplicit accountability. The Maryland Court of Appeals requires alllawyers authorized to practice in the state to submit an annual LawyerPro Bono Legal Service Report that relates to a goal but not a requirementof the ABA-recommended 50 hours of annual pro bono service.But some lawyers, like Charles O. Monk II—a partner in Saul Ewing’slitigation department and managing partner of the firm’s Baltimoreoffice—are taking matters into their own hands. Monk was recognizedthis year with the University of Baltimore Students for PublicInterest’s Robert M. Bell Award for Leadership in Public Servicefor his efforts to increase lawyers’ participation in pro bonowork. He was a member of the firm’s management committee,which led Saul Ewing’s We’re All In program; the initiativechallenges each of the firm’s 285 attorneys in its eight officesto contribute at least 25 hours of pro bono service annually.“We picked two signature causes, although everylawyer was free to find his or her pro bono interest,”Monk says. “We chose the legal needs of the elderly andthe legal needs of military families.”Monk is the fourth recipient of the award and joinsthe ranks of Robert M. Bell, chief judge of theMaryland Court of Appeals (for whom the awardwas named); Stephen Harris, former Maryland statepublic defender and now the distinguished attorneyin residence at the UB School of Law; and SusanGoering, executive director of the American CivilLiberties Union of Maryland.“I was very happy to have the opportunity torecognize Monk,” says Ray Dubicki, J.D. ’07, formerUBSPI president. “It is very difficult for students to seehow public-interest work is possible when we walk outof law school with $70,000 to $100,000 in student debt.” Andthe We’re All In program that Monk helped organize demonstrates

generous with theirtime: school of lawalumni practicepro bonohow lawyers can participate in pro bono service without having difficultymaking ends meet; public-interest work can complement the work they doto fulfill their billable hours.Monk’s enthusiasm for public service, which began when he worked in theMaryland attorney general’s office after graduating from the University ofMaryland School of Law in the mid-1970s, is clearly infectious: In 2006, he ledSaul Ewing to a 99 percent participation rate in the We’re All In program,which was launched in March 2005. “As a law firm, we were looking for a wayto do a better job of giving back to the community; we asked a committee tothink about it, and they really challenged us with this project,” Monk says.In developing the program, Saul Ewing hired a pro bono coordinator, a lawyerwho works with a pro bono committee to help identify opportunities for thefirm’s attorneys to provide pro bono service. The coordinator also helps track thehours the lawyers have committed to public service and ensures everyone has anopportunity to participate—because Saul Ewing is giving its lawyers credittoward their billable hours for their involvement in pro bono work. “We knew, aspartners, that this might have a negative economic impact on the firm,” Monksays, “but it’s done just the opposite. It’s added so much because our lawyers arefeeling good about giving back to their communities.”Not all firms are willing or able to work pro bono service into billablehours, as Saul Ewing has done, and that’s where promoting participation inpublic service gets tricky. “Law firms usually encourage pro bono work, butencourage is a very soft word,” Monk says. “Law firms are focused on lawyerproductivity, because in many respects, law firms are businesses. But lawyershave to do pro bono work and complete their billable hours, not just becauseit’s the right thing to do or because, as participants in the legal system and officersof the court, we want to make sure that the system works for everyone inour society, but also because it’s a great way of enriching your life—getting tomeet people that you wouldn’t otherwise meet, getting some diversity in yourlegal activities and feeling good about doing it.”Dubicki also emphasizes the value of every lawyer committing time to publicservice. “While not all of us can be public-interest attorneys exclusively, itshould fit into every attorney’s portfolio of work,” he says. “Monk’s leadership atSaul Ewing made that possible in one of the city’s largest firms. Leadership isproviding a firm culture in which pro bono participation is accepted, expectedand acknowledged.”Recognizing these good works is of paramount importance to an ongoingcommitment to pro bono service, Monk says. “You have to celebrate your successeson behalf or your clients and the good work of your lawyers,” heaffirms. “The hardest step is the first one, which is making a collective commitment—despiteall of the other pressures you’re facing—to find the timein your schedule to do pro bono work. It pays back huge dividends, not onlybecause you’re doing good work but also because of the good will youengender among your colleagues through the process.”JESSICA A. duHOFFMANN, J.D. ’99 senior associate, Miles &Stockbridge/ Baltimorepro-bono practice area: family law; duHoffmann works with clientsreferred to her by the Mid-Shore Council on Family Violence, with whichshe was connected through the Maryland Volunteer Lawyers Service. Sheconcentrates on protective order hearings, custody disputes andcontested divorce cases.why she does it: “If I don’t do it, who else is going to?” duHoffmann asks.“It’s easy to make up excuses not to do it: It’s not fun, it can be a verythankless job and the judges can be hard on you. But a lot of the people Irepresent are uneducated, and the system isn’t designed for an everydayperson to get through it. There’s a need for pro bono work, and there’ssome civic responsibility of all lawyers to give back to their communities.”why other law school graduates should get involved: “For the samereason I got into it,” duHoffmann says. “If you’re going into a big firm, youmight not have an opportunity to get into court right away and go beforea judge and put on trials and hearings. Doing pro bono work gets yourfoot in the door and lets you learn the ropes; it’s great experience.”MARK J. SHMUELI, J.D. ’96 solo practitioner, attorney at law/TakomaPark, Md.pro-bono practice area: immigration law; As the pro bono coordinator forthe Washington, D.C., area chapter of the American Immigration LawyersAssociation, Shmueli finds attorneys to represent people in immigrationcourt and before the Department of Homeland Security in cases that runthe gamut from asylum issues to representing juveniles. Shmueli alsomentors students in UB’s Civil Advocacy Clinic and acts as judge in theirmoot court preparations every semester.why he does it: “Immigration court cases are unlike criminal court casesin that there is no guarantee of representation,” he says. “With the largenumber of immigration lawyers in the area, there’s no reason thatanybody should go unrepresented in an immigration court. The goal of100 percent representation is a due-process goal, and it’s also a goal thatthe court supports.”why other law school graduates should get involved: “It’s an obligationin the profession,” he says. “Does that mean you have to make yourwhole caseload pro bono work? No, and it’s going to vary when you canand can’t do it while you’re practicing. But it’s very rewarding to providerepresentation to people who otherwise have no means to get it. The onething we can do coming out of law school is make a change in somebody’slife. If you do that, it stays with you forever.”DAN MILLER, J.D. ’82 solo practitioner, attorney at law/Towson, Md.pro-bono practice area: For a little less than the past decade, Miller hasbeen involved in MACRO, or the Maryland Mediation and ConflictResolution Office, led by Robert M. Bell, chief judge of the Court ofAppeals. In that pro bono role, he has helped mentor mediators and hashelped compile data about how Maryland companies are assisting theiremployees in dealing with conflict. In Azerbaijan for a work project about10 years ago, Miller donated his time to a humanitarian effort to help citizenswho were displaced by the war with Armenia.why he does it: “It feels good. During some of the most difficult times inmy life, I’ve had people help me without charging,” he says. “I feel somesense of obligation to give back, after other people have helped me. Ihave a basic attitude in my life that giving is always returned tenfold.”why other law school graduates should get involved: “We get so busyin our own lives and forget there’s a whole world of people out there whocannot afford our services,” Miller says. “It’s so richly rewarding to giveback to our communities. You get tangible results from doing it as well asintangible results, like friendship and so much else. I’ve never regretteddoing it.”http://law.ubalt.edu 37

STUDENT FILETAKING THE LEADIn the last two years, seven student groupsat the UB School of Law have been eithercreated or brought back after an absence ofleadership. “More than ever, students arecoming into law school aware of currentlegal issues and engaged in local andnational legal trends,” says Laurie TerBeek,manager of student services, of this markedincrease in student activism. “As a result,students who share similar interests aretaking the initiative to get together andform active student organizations.”Under the leadership of the Student BarAssociation, these new groups—includingthe Real Estate Law Association, OUT Lawand the Student Hurricane Network—havealready made a name for themselves at thelaw school, in the Baltimore-area legalcommunity and beyond.2007-08 REGISTERED STUDENT GROUPS:Asian Pacific AmericanLaw Student AssociationBlack Law Students AssociationChristian Legal SocietyCommittee to Achieve Parity for UB LawCriminal Law AssociationEntertainment, Arts and Sports LawEnvironmental Law SocietyEstate, Disability and Elder LawFamily Law AssociationIntellectual Property Law SocietyInternational Law SocietyJewish Law Students AssociationMoot Court BoardNational Defense and Security LawOUT LawPhi Alpha DeltaPhi Delta PhiReal Estate Law AssociationStudent Animal Legal Defense FundStudent Bar AssociationStudent Hurricane NetworkStudents Supporting theWomen’s Law CenterUB Federalist SocietyUniversity of Baltimore Studentsfor Public InterestWomen’s Bar AssociationStudent Profile: KIMBERLY WOODEdel is German for the word “noble,” explainsKimberly Wood, a second-year student at theUniversity of Baltimore School of Law. As anacronym, EDEL stands for the Estate, Disabilityand Elder Law student organization that Woodfounded at the law school when she discoverednone existed.“More than ever, estate, disability and elderlaw issues pertain to middle-incomeAmericans,” she says. “For example, we—myfamily and me—are trying to settle my grandmother’sestate. Even though she was of a middleincomebackground, it has not been easy.”But her interest in this area of the law is notsimply personal; it also stems from her undergraduateexperience as a paralegal studies majorinterning in the Law Office of JonathanAckerman, a practice focusing on charitabletrusts. The diversity of the cases the practicehandled and the tremendous faith Ackerman’sclients had in him struck Wood. As both anintern and a paralegal—once she graduatedfrom Villa Julie College—she witnessed thegrowing importance of estate, disability andelder law. She understood there was sufficientwork to create a sustainable practice in thatfield; this, coupled with her love of the law, ledher to apply to UB.Wood was accepted into the School of Law’sclass of 2009 and received a Dean’s Scholarship,which covers the costs of tuition, books and feesfor incoming students with grade point averagesof 3.4 or higher and LSAT scores of 160 orhigher; the scholarship is renewable each yearfor students who remain in the top 15 percentof their class.Wood considers herself “always involved” and,as a first-year law student in fall 2006, she setout to join a student group dealing with estate,disability or elder law only to find there wasnone at UB. Learning she needed five studentsto officially create the campus group, Woodbegan asking classmates if they might be interestedin further exploring that area of the law.In October 2006, the newly formed grouphosted a successful career seminar with morethan 50 students in attendance; as a result, thegroup’s membership swelled from five to itscurrent 30. Wood’s goal for the members is to“advance the knowledge of estate, disability andelder law to supplement legal education andprovide a creative outlet for people with similarlegal interests.”In December 2006, EDEL collected holidaygifts for 100 children on behalf of the SalvationArmy’s Angel Tree Project. Wood is also developingadditional projects this year to provideneeded resources to local organizations and tobenefit students and their understanding ofestate, disability and elder laws.Professor Wendy Gerzog, EDEL faculty adviser,describes Wood as “the most energetic, imaginativeand directed [second]-year student I haveever met. EDEL is her creation and achievement.”According to Gerzog, Wood’s efforts infounding EDEL have truly been noble.38 NOTA BENE fall 2007

STUDENT FILE2007UB LAW GRADUATES CONTINUE TO MAKE THEIRMARK AS JUDICIAL CLERKS By the time they walked across the stageat the Lyric Opera House on May 21 to accept their juris doctor degrees, nearly 20 percent ofthe UB School of Law’s most recent graduating class had already accepted judicial clerkships at thestate and federal levels. Their names and the courts for which they are clerking appear below. ■ROBERT ANDERSONCircuit Court forPrince George’s CountyALICE ARCIERICircuit Court forBaltimore CountyROSA ASPIRCircuit Court for AnneArundel CountyIAN BARTMANCircuit Court forFrederick CountyJACLYN BOLDENCircuit Court forPrince George’s CountyASHLEY BOSCHECourt of SpecialAppeals, MarylandJEFFREY BOWMANCircuit Court forQueen Anne’s CountyERIN BRADYCourt of SpecialAppeals, MarylandLORI BRANCHCircuit Court forBaltimore CityJAMES BUCKCircuit Court forBaltimore CountyDAVID BURKHOUSECircuit Court forHoward CountyMARISA BUTTONYork County Courtof Common Pleas(Pennsylvania)JOSHUA CAPLANCircuit Court forBaltimore CityWILLIAM CATHELLCourt of SpecialAppeals, MarylandPATRICIA CECILCircuit Court forHoward CountyMARYANCHILINGUERIANCourt of SpecialAppeals, MarylandMICHAEL DEMPSHERCircuit Court forWashington CountyADRIENNE DIXONCircuit Court forBaltimore CountyKEVIN DOWGIEWICZCircuit Court forBaltimore CountySTEPHEN ERHARTCircuit Court forMontgomery CountyMARY EWENCourt of SpecialAppeals, MarylandCAITLIN FOLEYCircuit Court forPrince George’s CountyPAUL FOLSTEINCircuit Court forPrince George’s CountyCHRIS HEAGYCircuit Court forBaltimore CityAMANDA HOFFMANCircuit Court forBaltimore CityKATHERINE HOLDENCircuit Court forCarroll CountyBROOKE HYTOVITZCircuit Court for AnneArundel CountyJOSEPH JOHNSTONCourt of SpecialAppeals, MarylandMARK KAHLCircuit Court forBaltimore CityCOLLEEN KIRBYCourt of SpecialAppeals, MarylandMATT KRAMCircuit Court forAllegany CountyMAUREEN LANIGANCircuit Court forWicomico CountyASHLEY LATNEYCircuit Court forBaltimore CityJENNIFER LIAPISCircuit Court forTalbot CountyTIFFANY MAZZULLICircuit Court forBaltimore CountyPATRICK MCCARTHYCircuit Court forMontgomery CountyFRANCIS MCEYESONCircuit Court forHarford CountyELIZA MICHALSKICircuit Court forFrederick CountyRYAN NAUGLECircuit Court forFrederick CountyLAURA NOVELLOCircuit Court forBaltimore CityLAUREN OLINERSuperior Court ofNew JerseyRICHARD OSTERMANCircuit Court forHoward CountyMAUREEN RENEHANCircuit Court forMontgomery CountyJOSEPH RILEYCircuit Court forSomerset CountyTHOMAS ROLLINSCircuit Court forHoward CountyKRISTEN ROSSCircuit Court forWicomico CountyAIMEE SCOTTCircuit Court forAnne Arundel CountyMARY SHEACircuit Court forBaltimore CityPOOJA SHIVANGIU.S. District Courtfor the SouthernDistrict of TexasERIN SNYDERCircuit Court for AnneArundel CountyLISA SPARKSCourt of SpecialAppeals, MarylandTAREN STANTONU.S. District Court forthe District ofMarylandKATE STEWARTCircuit Court forBaltimore CityPAYMAN TEHRANICircuit Court forMontgomery CountyNATASHA TODMANCircuit Court forBaltimore CityCHARLOTTE WHEELERCircuit Court forWicomico CountyJOSHUA WINGERCircuit Court forKent County2007–08 CALENDAR OF EVENTSNOV. 13, 2007a.m. LAW SeminarJANUARY 2008AALS Alumni and FriendsReceptionFEB. 8, 2008UB Students for PublicInterest Law AuctionMARCH 6-7, 2008Feminist Legal Conference,featuring keynote speakerGloria SteinemMARCH 11, 2008a.m. LAW SeminarMARCH 11-15, 2008UB School of Law’sLitigation Week and Legacyof Excellence in LitigationCeremonyAPRIL 3, 2008Annual Library LectureAPRIL 8, 2008a.m. LAW SeminarAPRIL 22, 2008a.m. LAW SeminarMAY 2008Alumni/Student GolfTournamentJUNE 2008Maryland State BarAssociation Alumni andFriends Receptionhttp://law.ubalt.edu 39

Congratulations to the Class of 2007The University of Baltimore School of Law marked its 80thcommencement on May 21 at the nearby Lyric Opera House.Baltimore City State’s Attorney Patricia C. Jessamy (left), the firstfemale to serve in this position, offered the keynote speech to an audiencethat included 292 law school graduates, 10 LL.M. in Taxationgraduates and nine LL.M. in the Law of the United States graduates.Below, l. to r.: 1. Ray Dubicki, J.D. ’07; Nicole Pastore Klein, J.D. ’00; Judge Robert M. Bell; Charles O. Monk II; and former law Dean Gilbert A. Holmesgather to honor Monk’s commitment to pro bono work. 2. Second-year law student Craig Bannon takes part in the live auction at UBSPI’s 13th annualfundraiser, which once again drew a lively crowd of law students, faculty, alumni and friends to the Belvedere.1 2The 13th annual UB Students for PublicInterest Auction, held Feb. 9, celebrated theimportance of pro bono work by recognizingthe unquestionable success of one attorney—Saul Ewing’s Charles O. Monk II—who ledthe firm to a nearly 100 percent volunteerparticipation rate in 2006. Monk, a partner inthe litigation department and managingpartner of the firm’s Baltimore office, receivedthe fourth Robert M. Bell Award for Leadershipin Public Service at the event, which alsoraised $35,000 to benefit students who participatein summer public-interest internships.

DEVELOPMENTDonor Spotlight:BARRY CHASEN, J.D. ’80Barry Chasen, J.D. ’80, didn’t meet futurefriends Kit or Lauren Sfekas (both J.D. ’81)when he was in law school at the Universityof Baltimore, as they were in different classes.“But I met Lauren when we were bothworking for a law firm in Landover thatspecialized in workers’ compensation,” saysChasen, a founder and one of three owners ofChasen Boscolo Injury Lawyers, which todayhas 12 attorneys and 50 employees on staff.While Kit Sfekas came from a family ofrespected attorneys, Chasen, on the otherhand, was a less likely candidate for lawschool. “My father drove a taxi and never mademore than $100 a week,” he says. “I couldn’tafford to pay for college so I started going toLoyola at night, but after a year or so I lostinterest and dropped out.”Subsequently, he was drafted into the militaryand served in Vietnam before working forthe federal government as a computer programmerand earning an undergraduate degreein business administration from the Universityof Maryland, University College. From there, itwas on to law school. “I really appreciated theopportunities that UB gave me,” he says. “I wasa poor kid who knew from the time I was 12years old that I wanted to be an attorney.”Despite their different backgrounds, it wassimply a matter of time before Kit and LaurenSfekas and Barry and Lyn Chasen found themselvesgood friends: Every Friday until theirchildren were born, they’d get together for dinner;even years later, they still remained close.Long after the couples met but only fourmonths after being diagnosed with medullarythyroid cancer, C. James “Kit” Sfekas—a judgewith the District Court of Maryland forHoward County—died on June 28, 2002, atthe age of 49. The court lost someone who wasknown for his warmth, humor and devotion tohis family and community, Chasen says.It was a devastating blow to the legal communityand to the Chasens. “Kit was someonewho was widely known, respected and loved inthe legal community,” Chasen explains. “Hewas upbeat and positive and simply didn’thave a bad bone in his body.”The loss of their friend led the Chasens—and others—to establish the C. James “Kit”Sfekas Scholarship at the UB School of Law.While they had always been law schooldonors, the Chasens wanted to do somethingspecifically to remember Sfekas. After a seriesof meetings with former Dean Gilbert A.Holmes, Chasen made some presentations toothers to secure their financial commitment,and the scholarship became a reality.“Kit and his family had a commitment topublic service, and this scholarship pays lawstudents a stipend while they are doing communityservice work during the summer,” hecontinues. “We feel that this is a fitting way tokeep the memory of such a wonderful friend,lawyer and scholar alive. I’m glad that Lyn andI were able to do this for him.”BY MARY MEDLANDhttp://law.ubalt.edu 41

DEVELOPMENTSCHOOL OF LAW ANNUAL GIVINGThe University of Baltimore School of Law thanks its alumni and friends for their generouscontributions in fiscal year 2007, especially the leadership-level donors who gave more than $1,000.$25,000 or moreAdes Family FoundationJana Howard CareyEstate of Ella CohenCharles Crane FamilyFoundationEstate of Anita FinebergKenneth O. HassanPaul C. LatchfordJoseph S. LyonsOber KalerOffice of the TaxpayerAdvocateRonald W. ParkerStephen L. and Julia A.Snyder FoundationCarolyn H. and David S.ThalerMarie Van Deusen$10,000-$24,999AnonymousBarry and Lyn ChasenCommunity Foundationfor the National CapitalRegionDLA Piper USGordon, Feinblatt, Rothman,Hoffberger & HollanderEstate of Sylvia L. HackettStephen Z. KaufmanSayra Wells MeyerhoffNational Pipe BandFoundationJames C. StrouseVenable$5,000-$9,999American Bar AssociationTHE ASSOCIATED:Jewish CommunityFederation of BaltimoreCohen, Snyder, Eisenberg& KatzenbergIrwin R. and Betty CohenTrustJ. H. CrossSean D. DavisLouis E. GitomerWilliam A. KrohLegg Law Firm, Cy PresAwardMaryland Bar FoundationMaryland State BarAssociationGeorge V. and Carol M.McGowanThomson-WestByron L. and Bonnie L.WarnkenWhiteford, Taylor & Preston$2,500-$4,999Law Offices of Peter G.AngelosChristina R. BellafioreR. Roland & Lorraine J.BrockmeyerMichael A. CanetGeorge M. ChurchColeen S. ClementeDennis E. CuomoNicholas J. FerranteHarvey B. FoxWilliam R. LevasseurAlbert J. Mezzanotte Jr.Law Offices of Peter T.NichollIan A. PesetskyLisa Vallario RomanoWilliam Roger TruittAngela M. VallarioJoseph F. Vallario III$1,000-$2,499AAA-CPA Foundation,Potemken ScholarshipJeffery AbarbanelAnonymousJames B. AstrachanBill and Lesley AtkinsJohn W. BeckleyKathleen A. BerginJay I. BlockW. Kennedy Boone IIIPatricia M. C. BrownJohn C. Carlin Jr.Allen M. and Carol S. CartonJoseph I. CassillyMaureen B. CohonMarcus W. CorwinJesse E. CoxGary L. and Agnes R.CrawfordMichael L. DeLucaAnn Marie DooryMarvin EllinH. Jerome FenzelFidelity Charitable Gift FundRobert P. FitzsimmonsLinda FlaniganMark H. FriedmanRichard D. and Lenore R.GelfmanGorman E. Getty IIIStuart M. GoldbergRobert E. and Marianne S.HellauerJeffrey A. JacobsonThe Justice ManagementInstituteAnthony R. KatzAlbert J. LaunDana M. LevitzMichael E. LoneyJames F. and Barbara A.MaherL. Content McLaughlinAndrew H. MetzThomas K. MoseleyJames P. NolanRichard J. and Elizabeth G.Osterman Jr.Donald R. and NancyGrodin PaddyMary F. PearsonRoger L. PickensStephen H. PitlerDonald T. RiceRuff RoofersHolly H. SadeghianWilliam D. SchaeferRobert M. SchallerDavid C. SharmanDavid D. SilberbergRobert V. SloanLeon SneadStrouse Legal ServicesElwood E. SwamBasil A. ThomasUniversity of MarylandBaltimore FoundationMary E. Thornton VallarioArmand J. Volta Jr.Peter D. WardWayne M. WilloughbyMichael J. Zimmer$500-$999Adelberg, Rudow, Dorf &HendlerHoward L. Alderman Jr.John C. M. AngelosDavid W. ArmigerJohn H. BarneyAlan J. BelskyNeil J. BixlerAugustus F. BrownGeorge E. BrownValentine A. BrownMary B. BuonannoRichard C. BurchButler, McKeon & AssociatesCharles G. Byrd Jr.Elana R. ByrdDavid E. CanterWilliam P. CaruthersJames R. CiaravinoJeffrey L. ClarkeWilliam H. and Michelle W.ColeJohn C. CoolahanJohn A. CurrierBarry J. DalnekoffDonald DanemanM. Gordon DanielsG. Thomas DaughertyC. Carey Deeley Jr.Deborah C. DopkinErnst & Young FoundationHugh W. Farrell & AssociatesJ. Russell Fentress IVHelaine GannRobert J. Garrity Jr.John F. Gossart Jr.Albert P. HalluinW. Charles HittGilbert A. HolmesHooper & JacobsWilliam D. Hooper Jr.Leonard H. HudsonDavid H. HugelArthur L. IsaacsJC Energy ConsultingCarl S. KadronMary J. KaltenbachAlexander S. Katzenberg IIICarla G. KatzenbergKaufman, Ries & ElginJames M. KearneyMichael L. KerleyLAD Reporting & DigitalVideographyEugene M. LernerLexington National InsuranceCorp.Daniel E. LiebfeldMartin E. and Nancy MarvelR. Bruce McElhoneCynthia S. MiragliaJoseph L. MoralesMudd, Harrison & BurchTheresa A. NolanLeo F. PartridgePasternak & FidisDon J. PeltoEdward J. PeresSusan T. PrestonCynthia A. RaposoStuart C. ResnickDon E. RichardsonJ. Paul Rieger Jr.Samuel G. RoseAnthony J. RossoCharles A. Ruppersberger IIIJohn R. RushRichard G. ScherrRaymond C. ShockleyJonathan H. ShoupMelvin N. SiegelStacy L. SiegelJohn F. Slade IIICraig R. SmithKathleen M. SweeneyJames M. TimmermanTydings & RosenbergChristopher R. vanRodenJennifer WeinelWeinstock, Friedman &FriedmanJ. Mayer WillenAllan L. Zalesky$250-$499Burton A. AmernickAnonymousFrances A. ApostoloRichard M. BaderBae & BixlerCurtis H. BaerBallard Spahr Andrews& IngersollChristine J. BarrLouis A. Becker IIIOksana P. BennettFrederick L. BiererMichael C. BlumRonald L. BromwellClifton L. Brown Jr.Jean R. BuchenMeryl D. BurginJohn F. CalabreseJames D. CardeaMary Claire ChesshireStanley M. CieplakJames H. ClappB. Randall CoatesBernard P. CoddCarl C. Coe Jr.Edward S. CohnRobert D. Cole Jr.Commercial Legal SoftwareJoan DavenportGerard F. DevlinJames M. Di StefanoRussell D. DizeRonald R. DonatucciThomas E. DonohoNorman A. DrezinMyrna J. DunnamSarah K. DuranRobert A. EatonPeter S. FayneJoseph M. FureyThomas R. GallagherAnne C. GamsonLucy Ann GarveyGMJ & DMichael I. GordonNancy B. GrimmCatherine C. HillHenry HolzmanHoneywellWilliam C. HookhamDonna B. ImhoffJamie B. InsleyGretchen L. JankowskiRonald A. KarasicRobert A. KrugJames V. LaneLeonard H. LockhartLouise W. LojeMichael H. MannesRobert D. McDorman Jr.Lisa L. MervisDeni L. MillerRobert K. NeadMark T. O’BrienVasilios PerosJeffrey J. PlumJoseph K. PokempnerWalter T. Price Jr.Isabel Crystal RappaportStephanie A. RobertsDennis M. RogersJohn F. Rowley IIIThomas R. RyanRonald D. SchiffHoward M. SchoenfeldEugene P. SmithJohn J. SofiaThomas S. SpencerHarry C. StormPhillip M. SutleyStephen R. SuttenHenry C. SzadkowskiDavid L. TerzianUB Criminal LawAssociationElinor M. WalkerSuzette White-EckhausSharon R. WilkesRobert H. Wolf$100-$249Laurence C. AaronsonPenny AlafassosMichael R. AlokonesBruce M. Ambler Jr.Lance AndrewsThomas L. AtkinsLesley S. AtkinsonDeborah A. AwaltStephen B. AwaltJessica R. AyersArden BakerPhyllis A. BakerMishonda M. BaldwinWilliam A. Barnes IIIJames A. BarryJohn B. Bartkowiak Jr.Robert W. BatemanL. Leroy BattonDelawrence BeardElizabeth W. BenetGary A. BergerGary S. BernsteinEdward M. BigginRaymond M. Bily Jr.Clinton R. Black IVBlack & Decker Corp.Randy B. BlausteinBrenda Bratton BlomCharles M. BlomquistHarry W. BlondellCharles H. BoarmanAda Louise BohorfoushKelly M. BollingerDennis E. BoyleNanette B. BrackenDavid BradshawPamela M. BreaultTobey G. P. BrehmKevin F. BressRachael D. BrezaScott M. Breza42 NOTA BENE fall 2007

Joseph J. BrossCheryl A. BrownStephen C. BuckinghamKathleen C. BuckleyHerbert Burgunder IIIIra A. BurnimJacqueline D. ByrdTerrence B. ByrneJ. Norris ByrnesWalter S. Calwell Jr.James D. CameronMichael G. CampbellVirginia R. CanterCarol L. CarnettHeather L. H. CarpenterJohn A. Carpenter Jr.Audrey J. S. CarrionJoseph P. CarrollBrandy Jessica CarterDonald W. CarterHolly L. CarterJocelyn C. CarterMaria K. CarusoWilliam E. CassaraJennifer Silver CaveyJames R. ChasonAdam J. ChavisArthur S. CheslockDavis ChinPaul A. ChinRobert S. ChoiAndrew S. CivilettiElizabeth T. ClarkDonald S. ClarkePatricia A. CleavelandJames A. CloseRaymond D. Coates Jr.Alan L. CohenIra A. CohenRobert R. CohenDavid H. ColeQuincy L. ColemanNatalie T. CollinsCommonwealth Land TitleInsurance Co.Amanda S. ConnConstellation Energy GroupFoundationTimothy A. CookMelissa K. Copeland-BryantMatthew CoyleRoyal W. CraigPaul T. CygnarowiczEdward CzaczkesMark S. DachilleRichard F. DamesynWallace DannPatricia A. DartArnold D. DashoffRobert S. DavisTerri A. DavisHoward A. Dawson Jr.Patricia A. DayAlbert G. De BlissGary F. DebruinCarole S. DemilioRussell G. DevoeThomas E. DewberryConstance B. DiCesareMerriman D. DivenLinda V. DonhauserWilliam J. DonovanJeffrey M. DreifussWilliam T. DriscollMichael A. DuffJack DunlapChristopher R. DunnGerard F. DunneGeorge W. Duvall IIIJohn J. DwyerJ. Michael EarpEdward J. EhlersLawrence D. EisenMyles R. EisensteinJoann Ellinghaus-JonesRoger L. ElliottDonald L. ElmoreMilton ElyAlan R. EngelDavid F. EngstromRobert Keith Erdman Jr.Fannie MaeKenneth W. FarrarRichard L. FentonStacy E. FinnMorland C. FischerSloane L. FishColleen M. FitzgeraldRobert A. FlackRenee L. C. FleisherElizabeth M. FoleyAlan S. FormanMichael FosterRichard W. FosterBarbara H. FrancisJohn C. FredricksonLeonard I. Frenkil Sr.Ronald W. FuchsSusan R. GainenRichard A. GaitherDwayne GarrettMorris L. GartenChristina M. GattusoRichard L. GershbergKimberly A. Gilbert-ToelleClarence E. GoetzHarvey D. GoldI. Elliott GoldbergTerry M. GoldsteinLeonard GoodmanMitchel M. GordonNicholas L. GounarisFrederick W. GoundryVictoria L. GraceClifton Robert GrayDavid H. GreenbergMitchell A. GreenbergIleen T. GreeneRobert N. GrossbartGrossbart, Portney &RosenbergSandra GutmanFrancine K. HahnStephen P. HallJeston HamerCarol A. HansonHugh K. HansonJoseph B. HarlanStephen E. HarrisHenry W. HartloveWilliam L. Haugh Jr.Katherine A. HearnRobert J. HeitzmanJames T. HemeltHenry G. Henkelmann Jr.David P. HenningerRichard G. HerbigEugene F. HermanPaul R. HerrickThomas G. Hicks Sr.Diana K. HobbsTimothy J. HoganHarve C. HorowitzLeslie C. HowardMurray K. HoyJ. Steven HuffinesArys H. HuizingaJames A. HyattDamani K. IngramGary M. JanisJ. C. JenkinsWayne N. JersinE. Lee JettLawrence O. JohnsonMarlene A. JohnsonEdward A. JohnstonDebra A. Jones and Mrs.Gregory J. JonesHarvey C. Jones IIKaren L. JonesBrian M. JudgePatricia J. KaczorowskiAlan M. KagenC. G. KallmyerMichael E. KaminkowJohn B. KaneKarmen M. Kater-SlezakAllen J. KatzCharles B. KeenanSteven KelloughDana Felise KellySusan G. KerbelKevin K. KercherNorman B. KingRobert L. KlineThomas E. KlugJames H. KnebelJoseph D. KnightMelvin J. KodenskiJohn G. Koenig Jr.Nicholas J. KollmanKirk KolodnerMark C. KopecEllen Lori S. KoplowStephen A. KreitnerEric A. KuhlJerome H. LacheenLinda C. LammCarl H. LamyMarvin J. LandCraig L. LandauerEdward J. LangLarson, Allen, Weishair &Co.J. Michael LawlorGregory T. LawrenceFrances A. LeggJane M. LeimanAnne C. LeitessJeffrey E. LetzkusMark G. LevinDelane S. LewisRobert J. LiberatoreAndrew A. LioiJudson H. LipowitzStephen W. LittleWilliam C. Littleton Jr.Sheila E. Lundy-MoreauElizabeth M. LutzLaurie A. LyteJoseph V. Mach Jr.Charles M. MagruderPatrick E. MaherSusan S. MaherAndrea R. Marceca and BrianP. StrongMyriam MarquezWanda D. MasonShirley S. MasseyRobert M. MastersFrank J. MastroCathy L. MatternJacob MatzStephen M. MayJames P. MayesNeil F. McCarron Jr.James D. McCarthy Jr.Robert S. McCordMary E. McCormickRichard M. McCormickPeter T. McDowellDavid C. McElroyCharles V. McFarlandJack F. McGarveyJoseph G. McGraw Jr.Jean M. McKenzieM. Tracy McPhersonStanley J. Mecinski Jr.Stephen Z. MeehanLloyd G. MerriamShara Mervis AlpertJoseph A. MiklaszRichard L. MilesKimberly A. MillenderJon E. MillerScott D. MillerMichael P. MilmoeJohn O. Mitchell IIIJoyce T. MitchellHerbert B. MittenthalG. Warren MixDavid G. MockPaul R. MontemuroKimberly R. MooreBryan G. MoorhouseRobert R. MorrowAmy S. MoskowitzJames W. MotsayH. Barnes MowellJ. Edward MuhlbachRichard and Pam MullerBrian J. MurphyKevin P. MurphyPaul D. MurphyRenee NacrelliJeffrey NadelMichael S. NagyNationwide FoundationTimothy O. NaughtonThomas J. Naulty Jr.Richard D. NeidigBenjamin A. NeilJanet Neumann-GalloThomas C. Newbrough Jr.Joyce O. NewcombM. Elizabeth NowinskiMichael OliverClifford R. OlsonFrederick A. OlversonRonald C. OwensWendy J. OwensAlfred A. Page Jr.Thurman K. PageJoseph E. PanigotNorris D. ParkerAnne S. PerkinsKristen Bowen PerryDouglas B. PfeifferBrian C. PhilippRobert E. Philo Jr.Heather L. PitzDavid A. PlymyerRobert E. PolackAlbert B. PolovoyTodd K. PoundsPrisoner's Rights InformationSystem of MarylandMichael W. ProkopikLee M. QuickTimothy J. QuickH. Mark RabinMartha F. RasinErnest M. ReitzAdam D. ResnickMargaret S. RicelyRussell P. RichAndrew D. RichmondJames S. RichterJames H. Ridgely Jr.Roslyn B. RidleyRia P. RochvargRobert J. RomadkaDavid A. RosenbergJeffrey A. RosenzweigJoan C. RossWilliam M. RuddGeorge G. RuskRobert V. RussoGerald C. RuterWilliam F. Ryan Jr.Edward B. RybczynskiPaul H. SaccoccioJohn R. SalvatoreJohn P. SandersonPeter S. SaucierStephen J. SavageCarl R. SchlaichRobert P. Schlenger Sr.James F. SchneiderJoseph M. SchnitzerMatthew N. SchoenfeldRobert J. SchottLawrence O. Sears Jr.Gerald P. SellersAlvin SellmanDiane L. SengstackeDavid B. ShapiroKenneth R. ShuttsA. Michael SidleDavid W. SimonsJohn H. Sinclair Jr.Thomas P. SintonCorrine Jo Ann Sirls andMrs. Joshua F. SlaterJames M. SlatteryLee M. SnyderStuart J. SnyderRobert SolanoRonald L. SpahnJames T. Speis Jr.Michael A. StanleyState Farm Insurance Co.Ginina A. StevensonThomas B. Stone Jr.Teresa M. SullivanThomas C. SummersGeorge J. SybertGustava E. TalerJohn B. TanseyLinda L. TantonJerome W. TaylorRebecca K. TaylorBarry D. TaymanTeresa D’Antuono TeareFred E. TerrinoniDebra A. ThomasLinda M. ThomasFred A. Thompson IIJeffrey W. ThompsonMinda A. ThorwardA. Andrew TignanelliBarbara M. TilghmanWilliam S. TinneyJoseph I. Tivvis Jr.John R. Toston Sr.Nancy R. TrentiJefferson L. TriplettRobert L. TroikeMarlo A. TrottaMerle K. TurnerVincent D. TurnerJill M. ValensteinJulia Rafalko VaughnVerizon MarylandHenry K. Vye IIIRoland WalkerJoshua WallDiana J. WallaceIsaac S. WaranchMarjorie H. WaxMichael A. WealHenry J. WegrockiDeborah J. Weider-HatfieldNiles C. WeliksonNancy E. WellerDrucilla L. WellsCharlotte Lee WheelerKristina B. WhittakerFrank R. WieczynskiKenneth A. WilcoxSamuel D. WilliamowskyChandra L. WilliamsHeather L. WirthCyd B. WolfMartin A. WolffDaniel F. WolfsonMichael R. WorthyDerek B. YarmisCharles E. YocumEdward L. ZamarinGeorge ZavadilAlice M. ZentHeather ZollerIn a report of this size, amistake in recognition willoccasionally occur. If yourname has been omitted ormisspelled, please call410.837.6797 or e-maillawalumni@ubalt.edu.http://law.ubalt.edu 43

ALUMNILAW ALUMNI SOCIETYPosts Record-Breaking YearEVENING GALA l. to r.: 1. David S.Thaler 2. Kate Stewart, J.D. ’07; TarenStanton, J.D. ’07; David S. Thaler;Sandra Popp, 3L; and Courtney Mattson,J.D. ’07 3. top row : Stuart Goldberg;Richard T. Lafata, J.D. ’80; John Gossart,J.D. ’74; Darren Margolis; and MichaelMannes, J.D. ’70; bottom row : ReneeNacrelli, J.D. ’93; Nancy B. Grimm, J.D.’02; former Dean Gilbert A. Holmes;Elyana Tarlow, J.D. ’84; and HymanCohen, J.D. ’54 4. a view from theCenter Club 5. Kevin Best, J.D. ’03;Goldberg; and Holmes 6. Joy Clarke-Holmes and Gilbert A. Holmes 7. Nancyand Paul Grimm12Graduates of the University of Baltimore School of Law aren’t stayingaway from campus for long, thanks to the efforts of the Law AlumniSociety. The 2006-07 academic year was particularly successful for eventsand initiatives sponsored by the society—most notably the 4th AnnualHomecoming and Reunion weekend, which drew alumni from all over thecountry as well as a substantial showing of 2006 graduates. Homecomingcommittee chair Stuart Goldberg, J.D. ’74, helped welcome back law alumnifor three days of events in October that ranged from a cocktail reception tothe now-traditional Jazz Brunch and an evening gala at the Center Clubthat also celebrated the 20th anniversary of the Aberdeen Summer AbroadProgram. Professor David Carey-Miller, University of Aberdeen and Scotsdirector of the program, was on hand for the commemoration. ■ TheLaw Alumni Society’s other yearly events proved to be equally popular; thea.m. LAW seminar series, spearheaded by Darren Margolis, J.D. ’95, broughtnumerous alumni and members of the legal community to campus to hearexperts speak on timely topics that included life and estate planning forthose with special needs, the role of structured settlements, men as victimsin domestic violence, the tension between the Fourth Amendment and thewar on terror, hiring and retaining top legal talent and the immigrationconsequences of criminal convictions. In addition, society member NeilBixler, J.D. ’92, joined Goldberg in organizing the UB School of Law’s 8thAnnual Alumni and Student Golf Tournament in May, which broughtmore than 100 golfers to the Blue Mash Golf Course in Laytonsville, Md.,and raised a record-breaking $20,000 for public-interest fellowships. ■The Law Alumni Society also introduced a number of new initiativesduring the year, including the recruitment of a student representative; aproposed gathering of the Heuisler Honor Society (the top 10 percent of thegraduating class), to be organized by Victoria Grace, J.D. ’03; and the identificationof regional chairs to increase alumni awareness beyond theGreater Baltimore area, thanks to the efforts of James Butler, J.D. ’03, andBrad Shear, J.D. ’07. ■ For more information on volunteering with theLaw Alumni Society, call 410.837.6797 or e-mail lawalumni@ubalt.edu.763 4544 NOTA BENE fall 2007

411 32JAZZ BRUNCH l. to r.: 1. Former law Dean Gilbert A. Holmesand John Gossart, J.D. ’74 2. Shannon R. Harvey, J.D. ’043. Stuart Goldberg 4. Elyana Tarlow, J.D. ’843 42GOLF TOURNAMENT l. to r.: 1. Matthew Kraeuter, 2L 2. AnitaThomas, associate vice president for government relations; JillPorter; Monica Best James; and Carol Madden, M.B.A. ‘053. Kerry Staton and Scott Kurlander 4. Peter Nicholl, J.D. ’77;Dennis Helm; Chris Davidson; and Al Kupreshttp://law.ubalt.edu 45

[New Partnerships, Seminars Highlight4TH LITIGATION ANNUAL] WEEK1The American College of Trial Lawyers, the Maryland Institute forContinuing Professional Education of Lawyers and the Baltimore CityPolice Academy partnered with UB’s Stephen L. Snyder Center forLitigation Skills to offer a variety of seminars and training opportunitiesduring the UB School of Law’s 4th Annual Litigation Week, held March 6-10. Building on last year’s formal agreement to assist the law school with itsLitigation Skills Program, the ACTL’s Maryland chapter presented“Examination of the Expert Witness: Techniques for Excellence” to beginthe week’s events. Other offerings included “Ethics in Litigation,” sponsoredby MICPEL, and the annual working session of the Maryland Court ofSpecial Appeals. ■ A notable first for Litigation Week was a demonstration,jointly offered by the Baltimore City Police Academy and the SnyderCenter, of a pilot program in which future police officers and law studentstrained together to learn about the process of testifying in court. ■ Theweek culminated with Saturday night’s gala and dinner at the Belvedere,which recognized the distinguished legal careers of five UB alumni—apremier criminal defense attorney, a judge, a former assistant state’s attorneywho is now partner in a private firm, a former UB School of Law professorand a decorated Vietnam veteran—by inducting them into the 2007Legacy of Excellence in Litigation Award “Hall of Fame.” ■2 3Back inTimeOn April 12, James Schneider, J.D. ’72, offered attendees a blast from UB’s past as he presented “A University of Baltimore Time Capsule From thePast 40 Years,” the 2007 Judge Solomon Liss Memorial Lecture. A member of the law school’s first full-time day class and now a judge for the U.S.Bankruptcy Court for the District of Maryland, Schneider shared photos, memorabilia and anecdotes about the law school with a captive audiencein the Venable Baetjer Howard Moot Court Room before adjourning for the post-lecture reception. ■ The Judge Solomon Liss MemorialLecture, established by the Liss family shortly after the judge’s death in 1988, honors this alumnus (LL.B. ’37) and former adjunct faculty memberby presenting the views of legal scholars, judges and practitioners on topics of interest to the law school faculty and guests. ■46 NOTA BENE fall 2007

5INDUCTEES:Jack B. Rubin, B.S. ’61, J.D. ’64Senior Partner, Jack B. RubinRichard H. Sothoron Jr., J.D. ’69Judge, Circuit Court of Prince George’s CountyDale P. Kelberman, J.D. ’74Principal, Miles and StockbridgeBarbara Bechtol Mello, J.D. ’76 (posthumously)Attorney, American Civil Liberties UnionProfessor, University of Baltimore School of LawJoseph I. Cassilly, J.D. ’77State’s Attorney, Harford CountyEACH YEAR, THE SCHOOL OF LAW ALSO HONORSTHE LEGAL CAREER OF A FRIEND OF THE LAW SCHOOLWHO IS NOT A GRADUATE. THE 2007 CHARLESHAMILTON HOUSTON LIFETIME ACHIEVEMENT AWARDIN LITIGATION WAS PRESENTED TO:George L. Russell Jr.Attorney, Law Offices of Peter G. Angelos7Counterclockwise from top left, l. to r.: 1. Charles Hamilton Houston III, UB President Robert L.Bogomolny and Charles Hamilton Houston II 2. Diana and Joseph I. Cassilly 3. Professor José F.Anderson and George L. Russell Jr. 4. Lois and Dale P. Kelberman and George and Marion Russell5. front row: Sara Elizabeth Mello and Joseph I. Cassilly; back row: Dale P. Kelberman, Richard H.Sothoron Jr., Jack B. Rubin and George L. Russell Jr. 6. Joseph H. H. Kaplan, Judge Robert M. Belland Edgar Silver 7. former law Dean Gilbert A. Holmes6Left: former law Dean Gilbert A. Holmes;Thomas L. Hollowak, department head ofspecial collections, Langsdale Library; andJames Schneiderhttp://law.ubalt.edu 47

ClosingArgumentFallen idols: John P. Coalehelped take on Big Tobacco andsent longtime icons Joe Cameland the Marlboro Man packing.In February 1994, attorney John P. Coale, J.D. ’72, deemed “one of the nation’s mostprominent trial lawyers” by the Washington Post, was invited to be a part of thebiggest class-action lawsuit in history: 50 million smokers accused the five majorcigarette manufacturers of marketing to juveniles and knowing that smoking isaddictive and causes cancer. “The tobacco industry had never lost,” says Coale,who heads up the Washington, D.C., firm of Coale Cooley and is a self-described“crusader for private citizens adversely affected by the negligence of large corporations.”■ “The whole thing worked,” he says, referencing the 1998 settlementreached between Big Tobacco and 46 states who sued for smoking-related healthcarecosts after the national class-action suit was dismissed, resulting in thelargest-ever civil settlement. “It came to about $250 billion, and I don’t think it’ll everhappen that big again. We found a way to go toe-to-toe with the biggest of corporateAmerica.” ■ Coale shares with Nota Bene his firsthand experience as a keyplayer among attorneys from more than 100 firms in this historic lawsuit. ■Q: What was it like to play a major role in this landmark lawsuit?A: I knew it would be huge, like being invited to the Super Bowl. I initially thought we’d lose,as everybody did, but I knew it would be one hell of a fight.Q: What was your game plan?A: I put together a three-pronged attack to go after the tobacco industry in the courts, in themedia and in politics. It worked, even though our legal strategy—going after addiction—hadn’t been done before.I handled the media and politics prongs, as I was based in D.C. and had the right experience.We also allied with the attorneys general in individual states’ lawsuits and got our suitcertified on behalf of 50 million people, which got the tobacco industry’s attention.Q: Was there a clear turning point in the case?A: In 1996, we settled with the Liggitt Group, a smaller tobacco company. It put a crack in thewall of the tobacco industry for the first time and it scared them to death.Q: Was there a point at which you thought you wouldn’t win?A: It was a big blow when the federal appeals court decertified the national class-actionlawsuit. But that same day, I did interviews with ABC, NBC and CBS and said we’d have[individual] class-actions in all 50 states within months.Q: What were the most satisfying moments?A: Getting the White House involved: We had to convince then-President Bill Clinton that theway to handle the country’s tobacco problem was through the courts.This case was great fun—and a great war. It had every legal issue imaginable as well aspolitics, the media and celebrities. We went against the biggest and meanest there had everbeen; it was exciting and not unlike tennis, where playing someone really good makes youeven better.Q: Are there any successful strategies you used that could apply to attorneys in general?A: If we had acted just as lawyers from the beginning, we would have gotten nowhere.We had to shape public opinion and think outside the box of law.Q: What characteristics make for a successful attorney?A: You have to be crazy. Seriously, you have to be competitive and willing to take risks.You learn from every loss and every victory.Q: Would you do it all over again?A: Absolutely. I loved it.48 NOTA BENE fall 2007

On June 30, the UB School of Law became virtually bowtie-less for the first time in five years as former DeanGilbert A. Holmes marked his last day at the helm. Nearlyevery day of his tenure, Holmes sported a small, yetvibrant, piece of an extensive wearable art collection thatfavored the bright creations of designer Robert Daskal. ■He offered a simple explanation back in 2002: “Bow tiesare different. … I plan on wearing them forever.They’re not too old-fashioned and they’ll nevergo out of style.” ■ It’s an unquestionable statementof style and personality that has workedfor Holmes since he first picked up the trend in 1984, andone that quickly became his signature among the UBcommunity. No doubt, the bow ties will continue to behis calling card as he embarks on a new adventure—onethat, he explains, began with a sabbatical this falland will involve his “return to teaching, scholarship andpublic service for the School of Law, the national legalcommunity and the region that I now call home.” ■

Inspired by the Student Hurricane Network’s efforts to aid communitiesaffected by Hurricane Katrina? Get involved and make a differenceby volunteering your time and abilities—legal or otherwise. For moreinformation, visit www.studenthurricanenetwork.com or explore variousopportunities to lend a hand through one of the following organizations:Association of Community Organizations for Reform Now: http://acorn.orgCommon Ground Collective: www.commongroundrelief.orgHabitat for Humanity: www.habitat.orgJuvenile Justice Project of Louisiana: www.jjpl.orgLouisiana Capital Assistance Center: www.thejusticecenter.orgLouisiana Disaster Recovery Unit: www.doa.louisiana.gov/cdbg/drhome.htmLouisiana Rebuilds: www.louisianarebuilds.infoLouisiana Recovery Authority: http://lra.louisiana.govNew Orleans Legal Assistance Corp./Southeast Louisiana Legal Services:www.nolac.orgNorthern Mississippi Rural Legal Services: www.nmrls.comMississippi Center for Justice: www.mscenterforjustice.orgMississippi Center for Legal Services: www.mslegalservices.orgMississippi Workers’ Center for Human Rights: www.msworkerscenter.orgThe Pro Bono Project: www.probono-no.orgThe Road Home: www.road2la.org(list provided by Jessica Vollmer, treasurer, UB Student Hurricane Network chapter)University of BaltimoreSchool of Law1420 N. Charles St.Baltimore, MD 21201-5779Non-ProfitU.S. PostagePAIDBaltimore, MDPermit #4903