Trinity 2003 Benchmark - Thomas M. Cooley Law School

trinity Term 2003 Volume XXV Number 2BENCHMARKThe Thomas M. Cooley Law School MagazineKen MillerFood for Thought

BENCHMARKEditorTerry CarellaCo-Editor/WriterSharon MatchetteContributing WritersDebra HirschCharles KleinbrookJane C. ParikhDarryl ParsellDonald TuckerDesignImage Creative GroupPhotographyKim KauffmanCover PhotographyDave MatchetteHelen MickensCall forSubmissionsThe Benchmark is seeking submissionsand story ideas from graduates. Weare looking for stories on a variety ofsubjects including, but not limited to,graduate achievements, international law,cultural diversity, legal informationhelpful to practitioners, unique lawpractices, advice to prospective lawstudents, or special events. If you wouldlike to author an article, reprint an articleyou have authored for anotherpublication, or share a story idea, pleasewrite, call, or e-mail:Communications OfficeThomas M. Cooley Law SchoolP.O. Box 13038Lansing, MI 48901Phone: (517) 371-5140 ext. 2916Fax: (517) 334-5780E-mail: communications@cooley.eduPostmark: Benchmark is published threetimes each year by the Administrativeoffices of the Thomas M. Cooley LawSchool, P.O. Box 13038, Lansing, MI48901Alumni Database Password for Cooley LawSchool’s Web SiteLetter fromthe PresidentMy job as President is to implement Cooley’s Strategic Plan. The planadopts a three-part mission and declares five vision statements toguide everything we do at Cooley. If we accomplish that mission,Cooley will be one of the very best law schools in the country, anda Cooley degree will have much greater value.Our mission is straight forward, to provide our graduates with the knowledge,skills, and ethics that will allow them to be successful lawyers. The five visionsare to become the nation’s largest law school, the nation’s most affordable,unsubsidized private law school, the nation’s best school at preparing itsgraduates for practice, the nation’s most innovative and flexible law school,and to remain financially strong.Cooley has been busy implementing the plan. The fall started with a groundbreakingceremony at the site of the new Grand Rapids’ Cooley Law Schoolbuilding, which will be located at 111 Commerce, and ended with a ribboncutting ceremony for the new Cooley Law School library, located in O’Dowd Hallon the campus of Oakland University.Cooley’s new $2.8 million, 18,480 sq. ft. state-of-the-art 5th floor courtroomcomplex also opened in the fall of 2003. It is an incredible facility and I urgepeople to visit Cooley-Lansing to see it. If you haven’t been to Cooley lately,make a point to visit your alma mater for a Courtroom Grand Opening eventbeing planned for January 2004. For those alumni who can’t make it back toLansing, the next Benchmark will highlight the new courtrooms.We have opened two Master of Laws programs at the Oakland Universitycampus, one in Intellectual Property and the other in Taxation, both of whichhave the approvals of the ABA and the North Central Association of Collegesand Schools. A Master’s program in Employment and Labor Law, which will bea three-way endeavor with Oakland University and Western Michigan University,is in the final review stages within the schools and will soon be the subject ofapplications with the accrediting bodies. Additional Master of Laws programsin Corporate Law and Education Law are under review within Cooley.Cooley is now the largest Juris Doctor program in the nation, with a studentenrollment of 2,317. Read my report on Why Bigger is Better on the Cooleyhome page and also click on Judging the Law Schools. The report now has aninteractive element where you can compare all the nation’s ABA-approved lawschools using objective data as reported in the ABA’s Official Guide to ApprovedLaw Schools. Keep up on all the latest news, events, and information aboutCooley by visiting the Cooley Web site at www.cooley.edu.Don LeDucPresident and DeanPlease call the Alumni RelationsOffice at (800) 243-ALUM, or in theLansing area call 371-5140, ext. 2038, oremail alumni@cooley.edu if you have anyproblems.

Volume XXVNumber 2ContentsTHOMAS M. COOLEY LAW SCHOOL Trinity Term 2003FeaturesSchool NewsAlumni MattersFood for Thought 2Alumni Profile: Danilo Anselmo 6Alumni Profile: Joseph P. Overton 7Alumni Profile: Allen Chung 8Learning and Teaching Professionalism 10Race 4 Education 12Alumni Golf Outing 2003 14Small Business 16Grand Rapids Ground Breaking 19The Innocence Project 20Mock Trial/Moot Court 21Law Review 22Law Journal 24Distinguished Student Award 24Graduation Highlights 25Graduates: Smith Class 26Faculty Briefs 28Letter from the Alumni President 31Alumni News 32Class Notes 34Food for Thought2 Alumni Golf 14 Grand Rapids 19Outing 2003Ground BreakingBENCHMARK

feature 2 Trinity Term 2003Food forThoughtBy Jane C. ParikhKalamazoo GazetteKen Miller may be best known for restaurants in Kalamazooand South Haven areas, but he’s giving people real food forthought with his goal of creating a strong connection betweenWestern Michigan University and downtown Kalamazoo.Miller, 55, is a majority owner of the KalamazoobasedMillennium Restaurant Group. The businessenterprise owns the Black Swan and its lounge,Martell’s; Epic Bistro/Bin 359; and the Union inKalamazoo, and next year is expected to openthe Fieldstone Grill in Portage.He is also a co-owner of Mixed Grill Inc., whichowns the Three Pelicans and the Idler restaurant,both in South Haven; Coyote Creek restaurant inPaw Paw; and Waldo’s Campus Tavern inKalamazoo.But when former Gov. John Engler appointedMiller to the WMU Board of Trustees, food was not what hehad in mind.“The biggest thing is to bring WMU and the downtown areacloser together,” Miller said. “When Engler asked me tobecome a trustee, that was the goal. Getting Western to participateat some level downtown is a goal of mine.”…when formerGov. JohnEngler appointedMiller to theWMU Board ofTrustees, foodwas not what hehad in mind.Kenneth Nacci, president of Downtown Kalamazoo Inc., saidhis first dealings with Miller occurred when Miller joined theDowntown Development Authority board and began work onthe Epic Bistro. Nacci said Miller is taking more of a leadershiprole in downtown development, but many of his effortsaren’t readily apparent to the community. “What I liketo see most is Ken’s connection with WMU,” Naccisaid. “Ken is a (WMU) trustee and provides a naturallink to downtown.”Miller said he thinks there is a geographical dividingline between the university and the downtown areathat is slowly being breached.“We have to offer students something like places tolive and shop and classrooms,” Miller said of thedowntown area.A varied career before restaurantsBut, like may success stories Miller’s didn’t start out the way ithas ended up.Miller was born and raised in Albion and began planting rootsin Kalamazoo when he attended WMU, where he earnedundergraduate and graduate degrees. He went on to earn alaw degree from Thomas M. Cooley Law School in 1977.BENCHMARK

In between his time at Cooley and WMU, he sold computersand spent about eight hours in the Army.“I had high blood pressure and they let me go,”Miller said of the Army. After 15 years of practicinglaw, Miller gave it up to pursue other interestsin partnership with his brother, Jerry.The Miller brothers’ initial entrée was fixing upold houses. Then someone contacted them aboutventure-capital opportunities. They invested in anIndiana-based orthopedics company calledBiomet in 1979, and Miller remains on theboard of directors and the executive committeeand good friends with the company’s founders.Shortly after the Biomet investment, Millerbecame involved with Enterprise Oil in Houston.Unlike the Indiana company, he did not possessthe Midas touch with the oil company. “It wasbad timing,” Miller said. “We made a mistake.”But, he said, mistakes “teach you that you’refallible” and that even the best-thought-out plansdon’t work.“Underlying so many of the problems and mistakes are people,”Miller said. “We did not invest in the right people.”The Houston experience seems to have been an exceptionto the rule.He had a successful run as the owner of localradio stations B93 FM 93.7 and WMZO-AM560 in California and Nevada.“Those were fun years,” Miller said. “But wewere too small to play that game.”The Idler first restaurant ventureHe said he was as actively involved with theradio stations as he is now with his restaurants,a venture he began in 1987 when he and agroup of investors purchased the Idler Riverboatin South Haven. The lower level was convertedinto a casual, fine-dining restaurant called theMagnolia Grille and the upper deck became theBayou Beach Club.Following the success of that project, the groupthen purchased and created several otherrestaurants in southwestern Michigan, includingthe former Chianti/Players Pub and the BlackSwan/Martell’s in Kalamazoo. The Millennium Group alsoowns the Three Pelicans in South Haven and Coyote Creek inPaw Paw. The group also bought and later sold CharlieBENCHMARK

feature 4 Trinity Term 2003Marlin’s in Grand Haven.The restaurants have been a success conceptually, Millersaid, adding that he did have concerns about the financialend of the various operations.“Restaurants are a dicey business,” he said. “The best ofthem have a thin profit margin. I think what makes peopleso afraid is that they’re so pervasive. It’s a highly exposedindustry.”As a general rule Miller said he doesn’t target the massmarket.“We target smaller markets and with each restaurant we tryto make it unique and differentiate it from others,” he said.Despite the potential for major job losses in downtownKalamazoo following Pfizer Inc.’s buyout of PharmaciaCorp., Miller remains optimistic about the area’s future. Hesaid the community weathered the closure of the GeneralMotors plant in Comstock and Pharmacia’s merger withUpjohn Co.“Downtown as a geographic area will be initially hurt,”Miller said. “But even if [Pfizer] pulls research out of herecompletely, downtown will survive.”Knowing that stronger ties with WMU could mean aninflux of more than 30,000 potential visitors to thedowntown area, Miller said it is imperative to foster thoseconnections.“Western is the entity to be reckoned with,” Miller said.Commitment served behind the scenesMiller said he does what he does because he is socommitted to the Kalamazoo community.For much of the last 10 years he has worked behind thescenes. He said establishing a leadership position takestime and it isn’t something a person can just jump into.Nacci said Miller is involved in many areas of the communityand has chosen to keep a low profile.“He seems to be taking on more and more of a leadershiprole downtown, but has been very quiet about it,” Naccisaid. “Ken has a formula for the way he does things.”Nacci said Miller’s restaurant group has helped to build acritical mass in the downtown area.“When you look at the growth in the downtown-entertainmentindustry Ken is a critical part of that,” Nacci said. “I thinkhe found a formula that works. Part of that formula is hefinds folks who know the business and he lets them run it.“I want to be comfortable with what I did,” Miller said ofhis various plans and involvements.Brigit Klohs, chairwoman of WMU’s Board of Trustees,said she was “delighted” to have Miller on the board.“He’s played a terrific and constructive role,” Klohs said.“He’s a very thoughtful and caring booster for Western,BENCHMARK

Ken Miller’s various businessinvolvements include serving as:• Partner and executive vice president/chief operatingofficer of Havirco, a Kalamazoo-basedinvestment-management firm.• Director and vice chairman of Keystone Community Bankand Keystone Financial Corp. of Kalamazoo.• Director and member of the executive committee of Biomet Inc.,a Warsaw, Ind.-based manufacturer and marketer of orthopedicand surgical products.• Director and co-founder of Av Tech Laboratories, apharmaceutical-products-testing laboratory based in Kalamazoo.• Chairman and co-founder of TEAM Industries., a manufacturer ofexpanded polystyrene, used primarily in commercial and residentialconstruction, based in Grand Rapids.• Majority owner of the Millennium Restaurant Group and co-ownerof Mixed Grill Restaurant Group, based in Kalamazoo.the community, and the region.“He has listened. He can take very complex issues andhelp discuss them constructively and move the processalong.”Miller said he considers it an obligation to pay back thecommunity for his good fortune.“No community can run on its own,” Miller said.He said he is fortunate to have a supportive wife, Julie,who helps him with his business and volunteer ventures.“[Julie] has kind of become my go-to-person,” Miller saidof his wife of two years.The line between Miller’s personal and professional life frequentlyblurs. He said many of his friends are lawyers,bankers, and his business partners, so he socializes withmany of the people he does business with.When he needs to relax, Miller said he plays golf or travels.Closer to home he enjoys fixing fences or moving treesat his horse farm in Texas Township.“There are times when I feel overwhelmed. When I’m inthat excess mode, I hunker down and get through all ofmy commitments,” Miller said.“You plan for your norms and suffer for your excesses.”Community InvolvEmentsCommunity activities take up at least one-third of Ken Miller’s time.In a volunteer capacity he serves as:• A Western Michigan University board of trustees trustee.• Kalamazoo Symphony Orchestra president.• Kalamazoo Valley Community College Foundation chairman.• Haworth College of Business Advisory Council chairman.• An active supporter of Downtown Kalamazoo Inc.and the Downtown Development Association.BENCHMARK

Trinity 2003Danilo AnselmoCooley Grad Advances at the Michigan Supreme CourtWhen Danilo Anselmo (Chandler Class,1983) and his family emigrated from thePhilippines in 1971, Cooley Law Schoolwas still a dream and not yet a part ofthe Lansing, Mich., landscape.A couple years later, about the time the former Manila residentwas graduating from a Lansing high school, Cooleybecame a reality and Anselmo’s future — although he maynot have realized it at the time — was set in motion.That’s because four years later, after Anselmo graduated fromMichigan State University, he decided to follow in his father’sfootsteps and become a lawyer.Anselmo’s father was a labor lawyer in the Philippines. Whenthey decided to come to the United States, they came toLansing, where Anselmo’s uncle had lived since 1954. It wasa big change from an all-boys private school to an urbanpublic high school in the early 1970s, but Anselmo adaptedwell to his new life and to his studies.Just a couple years after graduating from Cooley, Anselmojoined the Michigan Supreme Court staff as a Legal Editor. Inthat capacity, he was responsible for editing publishedMichigan Court of Appeals opinions. Before joining theSupreme Court, he served as a law clerk and court officer in54-A District Court in Lansing.In February 2003, Anselmo was promoted to the position ofReporter of Decisions. He succeeded Norman C. Helfer, whoretired from the court.The Reporter of Decisions is responsible for editing and publishingdecisions of the Michigan Supreme Court and theMichigan Court of Appeals. The Reporter of Decisions alsopublishes Michigan court rules, rules of evidence, andSupreme Court administrative orders.Anselmo, 48, whose office is in the new, state-of-the-art Hallof Justice Building in Lansing, spends much of his work timereviewing other editors, but he does original work also insummarizing the opinions.Anselmo’s work suits him perfectly.“I’m more interested in the law at an abstract level,” heexplained, adding that reviewing the law as the opinionscome through is one of the things he finds most interestingabout his job.The Supreme Court is happy to have him. Chief Justice MauraD. Corrigan said that Anselmo “brings to the position 18years of experience as a Legal Editor working under theReporter of Decisions. The court is glad to have someone ofhis expertise in this position.”How did he get interested in the law in the first place? Inaddition to having a father in the field, Anselmo perceives“the law as a peaceful way to resolve differences.”Always one with a fine attention to detail, Anselmo points outthat the jurist for whom his alma mater was named —Thomas MacIntyre Cooley — was himself a Reporter ofDecisions for the Michigan Supreme Court from 1858 to1864 – then went on to serve on the Supreme Court.Anselmo has no plans to follow a similar path but insteadfocuses on his post as Reporter of Decisions. Anselmo’s successillustrates just how varied the jobs in law can be. Fromthe rough and tumble litigation arena, to the quiet study ofthe fine points of law at the top levels of the state court system,Cooley graduates are finding a home — and findingthat they can excel at the job.BENCHMARK

Joseph P. Overton Cooley graduateVP of Influential Mackinac Center for Public Policy, Dies in Ultra-Light CrashJoseph P. Overton, 43 (Carpenter Class, 1993), died in anultra-light aircraft crash on June 30, 2003. He was the SeniorVice President of the Mackinac Center for Public Policy, anindependent, non-profit research and educational organizationin Midland, Mich.At the center, Overton directed research projects, staff operations,and strategic planning. He also authored a number ofstudies and commentaries for the center.Mackinac Center staffers were stunned to hear of the deathof Overton, whom they variously described as a “belovedcolleague,” “pillar of strength,” “an inspiration,” a “primemover,” and a “model citizen.”Mackinac Center President Lawrence Reed noted that Overton“leaves behind an indelible imprint on our organization andour state, and tributes will undoubtedly flow in from his manyfriends abroad as well.”Indeed they did. Condolences poured into the center fromaround the world with the news of Overton’s death – tributesfrom six continents, a dozen countries, and more than half ofthe states in the United States.Overton studied and promoted free market principles for overa decade and traveled to such countries as Colombia, Croatia,Greece, Indonesia, India, Italy, Malawi, Malaysia,Mozambique, Nicaragua, the People’s Republic of China,Poland, Singapore, and Slovenia.In Nairobi, Kenya, a leadership development program will benamed for Overton. James Shikwatt, who heads East Africa’sfirst free market research institute, the Inter-Region EconomicNetwork, said the Joseph P. Overton Leadership Center willhelp introduce African youth and other future leaders to ideason freedom and how to effectively manage institutions likethink tanks that advance liberty.Overton’s role in the Mackinac Center’s growth and influencewas notable. Joseph G. Helman, executive vice president, saidthat Overton “was a prime mover in the organization’sgrowth, helping it to become the largest of some 40 researchinstitutes of its kind outside of Washington, D.C.”Before attending Cooley, Overton earned his bachelor’sdegree in electrical engineering from Michigan TechnologicalUniversity. After his graduation from Cooley, Overton wasappointed by then-Gov. John Engler to the Michigan AppellateDefender Commission. He had been recommended for thepost by the Michigan Supreme Court. Before joining theMackinac Center, Overton worked for Dow ChemicalCompany in various posts, including electrical engineer,project manager, and quality specialist.Overton started with the Mackinac Center as a volunteer andthen joined the full-time staff in January 1992. In Overton’sobituary, it was noted that “he was a fountain of ideas, agenius at marketing and strategy, and a powerful motivatorof people.”Overton is survived by his bride of three months, Helen;mother, Kathryn Overton; sister, Laurie (Saunders Bennett) ofCary, N.C.; brother, Scott (Tammy), of Coleman, Mich.; andseveral aunts, uncles, and cousins. He was preceded in deathby his father, Lawrence G. Overton.Overton was known and praised for his religious faith, and itwas a common thread among his eulogies. Commented Reed,the president of the Mackinac Center, “You can understandeverything about Joe — from the sterling virtues to the seemingflaws or quirks — when you realize that to him, life wasan exercise in character-building for eternity. He knew thatyour character is nothing less than the sum of your thoughtsand actions, especially those you think or do when no one iswatching. Joe believed that building character means strivingto be upright in all things at all times. From memory he wouldshare Luke 16:10: ‘Unless you are faithful in small matters,you will not be faithful in large ones.’ He pricked a conscienceon more than one occasion by asking if you were ‘cutting corners’on something.”Noted his friend and former roommate, State Rep. JohnMoolenaar, “Joe’s convictions were not based solely on apatriotic love of country, but resulted from many hours ofstudy, prayer, and reflection about our purpose in life andwhat it meant to glorify God and enjoy him forever.”Overton was a persuasive speaker, a champion of schoolchoice and education reform, and a prolific author. His manypublished articles included “An Inside Look at the Government-School Mentality,” “Right-to-Work Laws Accelerate EconomicDevelopment, New Study Finds Michigan Losing Ground toRight-to-Work States,” “Michigan Public School TeachersLaunch a Non-Union Revolution,” “Mr. Smith Is inWashington,” “Advancing Privatization and People,”“Lessons from Outrageous Laws, and “Juvenile Justice RequiresJuvenile Responsibility.”BENCHMARK

Trinity 2003Allen M. ChungCooley Grad Brings Heritage, Valuable Experience to Post in AdmissionsAllen M. Chung’s first thought when he stepped out ofthe airport in Lansing, Mich., was “Wow, I can breathe!” ashe reveled in the relatively clean air of Michigan’scapital city.Chung spent his first seven years in South Korea, then movedto New York City with his family. Chung’s father, Michael O.Chung graduated from Cooley in 1993 and his son followedhim across the commencement stage less than a decade later.Chung (Chase Class, 2002) is now Cooley Law School’snewest Assistant Director of Admissions. He can be found inthe Admissions Office in the Cooley Center when he is not outrepresenting the law school at recruitment events.It’s been a long, gritty, and often colorful path to get here.In 1975, Chung and his family emigrated from South Koreato the United States in search of education and a better life.They settled in New York City, where Allen’s father, openedand operated a grocery store. It was hard work, Allen said,recalling the long hours and the tough neighborhood theyworked in.Chung and his father also ran the AA (which stood for Allenand his brother, Alex) Gulf Station on Staten Island. The managerthere may have been the Chungs’ first Michigan connection.“He was a tough Korean guy. He learned the trade fromthe age of six. He came with the place and was a greatmechanic.”Chung enrolled at John Jay College but would soon faceanother life-changing move.After 14 years of surviving in the competitive business, theChungs had enough and headed for Michigan.“It was like another emigration,” he recalled, “another chancefor a better life.”Chung’s father, always a strong proponent of education,enrolled at Cooley Law School, graduating with the MooreClass in 1993. Currently, he is a member of the Michigan,New York, and New Jersey Bars. Six years later, Allen followedin his father’s footsteps and graduated in September2002. Chung’s mother opened her own flower shop, whereChung worked during law school.For a while, it looked as though Chung’s professional lifewould indeed be in sales — although not in the flower shop.Instead his career was almost in auto sales. It all came aboutwhen Chung went to a local cardealership to help a friend buy acar. The manager was soimpressed with Chung’s negotiatingskills, he made an offer to hire himon the spot. Within four months Chung was the top salesperson,but he recalls the most memorable sale was when hesold a car to his very first client. Still pressing on Chung,however, was the need to go back to school. He had juststarted in college in New York when the family moved, andhe needed to pick up that aspect of his life.Life is full of defining moments. For Chung, one of thosemoments came when he enrolled at Lansing CommunityCollege and met two professors who inspired in him newfoundenthusiasm for academics and “really changed my wayof looking at education.”Chung went on to earn his bachelor’s degree in internationalrelations at James Madison College at Michigan StateUniversity, and then his Juris Doctor degree at Cooley.With his recent law school experience, his valuable Koreanlanguage skills, and a strong work ethic, Chung was a naturalwhen an opening for Assistant Director occurred in theCooley Admissions Office. Chung was already known to theAdmissions staff through his work as a translator for aKorean Cooley-student-to-be. He was active in the communityeven before Cooley, however.While at MSU, Chung and three others started KoreanStudents United, a social group designed to create awarenessof the Korean culture and stronger bonding among Korean-American and international students from Korea. At Cooley,Chung once again gathered people together and started agroup, this time named the Korean & International StudentsAssociation (KISA), as a social and networking group forinternational students. KISA made the national news in aChicago-based Korean newspaper.The group helps its members with all kinds of issues, fromschool matters to such practical matters as where to live andfind consumer goods that they miss from home. Of the 22international students enrolled in the September 2003 class atCooley, only Canada (at 9) has more students than Korea (7).Chung is excited about his new position with Cooley and isdetermined to expand Cooley’s presence internationally.BENCHMARK

Scribes Celebrates 50th Anniversary.Cooley Professors Involved9Cooley Professor Otto Stockmeyer is nowPresident-Elect of Scribes, the AmericanSociety of Writers on Legal Subjects.Scribes is a national association oflawyers, judges, law professors, andlegal editors interested in promotinggood legal writing.Stockmeyer readies for the leadership of Scribes at animportant time in the organization’s history. Scribes iscelebrating its 50th year in operation.The organization started when the New Jersey ChiefJustice at the time, Arthur T. Vanderbilt, proposed formingan organization of lawyers and law professors interestedin promoting good legal writing. In 1953, 41 like-mindedlawyers convened at the ABA annual meeting to createScribes. Now, five decades later, Scribes membershipexceeds 1,000 published lawyers, judges, law professors,and legal editors who support the society’s goal of promotingand recognizing excellence in legal writing.In support of its goal, Scribes publishes The ScribesJournal of Legal Writing. Cooley Professor Joseph Kimbleserves as the Editor in Chief of the publication, which isproduced at Cooley.To further its support of excellence in writing, Scribesalso presents the annual Scribes Book Award at the ABAannual meeting. This award is for the best work of legalscholarship.The Scribes Law Review Award, presented at the NationalConference of Law Reviews annual meeting, is given forthe best student writing in a law review.In addition, the Scribes Best Brief Writing Award, alsopresented at the ABA annual meeting, is given for the beststudent brief entered in a national moot court competition.Michigan is well represented in Scribes, with the statehaving the third-highest membership in the society.For more information about Scribes, visit the society’s Website at www.scribes.org.Scribes isa nationalassociationof lawyers,judges, lawprofessors,and legaleditorsinterested inpromotinggood legalwriting.BENCHMARK

10 Trinity 2003Learning andTeaching ProfessionalismBy Donald TuckerPresident, Oakland County Bar Association (OCBA)We, as lawyers, are professionals. We hold ourselves out to our friends,neighbors, clients, and the community in general as different from, and evenabove, the rest of the working world by virtue of our profession and whatit requires of us. But what is a professional? Indeed, why are attorneysconsidered professionals?Our Personal ExperiencesEach of us can look back on our career— whether long or short — and point toexamples of how we were taught to bea lawyer. I, for one, was extraordinarilylucky. Thirty-one years ago I came toOakland County directly from lawschool to the firm of Hartman BeierHowlett McConnel and Googasian. Onmy first day, I was given my own set ofthe Michigan General Court Rules,handed an application to join the OCBAat firm expense, and taken out toOakland County Circuit Court to personallybe introduced to each judge.Daily life in the firm, including weeklylunches hosted by one of the partnersand monthly firm dinner meetings,included candid discussions about ourobligations to our clients, being respectfulto the courts, how we should dealwith opposing counsel, and how we asa firm and individuals should act to preservethe respect of our fellow lawyers,which was viewed as a preeminentgoal. Looking back, I know it is thatexperience which taught me (and manylawyers who have worked with me sincethat time) how to be a professional. I amsure you can pinpoint similarly impactfulexperiences.Our Code of ConductWe are very fortunate as a profession tohave a written guide, the MichiganRules of Professional Conduct, adoptedin 1988, which provides us with a quickreference for such matters as ourrelationship with our clients, our role asa counselor and advocate, conflicts ofinterest, our obligation to public service,and how we should hold ourselves outto the community. These rules are clearand concise, and each of us is wise toreview those rules at least annually.They codify what should be commonsense, but is on occasion forgotten inthe heat of battle in the busyness of ourdaily lives.Interestingly, in addressing thelawyer/client relationship in Rule 1.1,the Rules of Professional Conductemphasize competence, diligence andcommunication (along with discussion ofthe scope of representation) as the preeminentrules governing our relationshipwith our clients. The emphasis on thesethree factors may be the keys to satisfyingour clients in a professional manner:Know what you’re doing, do it promptly,and keep the client advised of the status.Professionalism inOur Daily LivesTake a moment and reflect about yourown experience. What were you taughtas you began your practice? What haveyou learned through experience that youwould like to teach newer lawyers?To me, the characteristics of theprofessional are the same as those thatmake our pressure-filled lives as lawyerstolerable. They include such straightforwardtraits as returning telephone calls;always keeping your word; completingtasks on time; treating opposing counselBENCHMARKwith both respect and cordiality;respecting the human concerns not onlyof your client, but also those of theopposing counsel, his or her own client,the judge and the court’s employees,and your own employees. Honesty, civilityand diligence are the hallmarks ofcompetent opposing counsel, and it isthrough the practice of these traits —and the reasonable expectation thatopposing counsel will do the same —that is the sign of genuine respect thatwe all owe each other and deserve forourselves.I offer this humble suggestion: Make alist of all the actions that are mostimportant to you in your dealings withopposing counsel and your clients, andask yourself two questions. First, do youfollow these principles every day, withoutexception, in your practice? Second,have you taken the time to impart thesequalities to the newer lawyers in yourfirm or organization? If the answer isyes to both, then you are contributing tothe professionalism of all lawyers; ifyour answer is not yes to either, thenyou will better the profession immediatelyby doing so.Our Obligationsto Public ServiceOne of the principal reasons that I wentinto law was my belief, substantiated inmy 30-plus years of practice, thatlawyers are agents for nonviolentchange for the better in society. Weprovide the means through which

disputes may be resolved without resortto self-help. Our role as systematicreformers — challenging the powersthat be to be better, and suggestingalternatives for the improvement of ourclients, our communities and our society— is one of our highest callings.Among the obligations to provide publicservice that we have, not only as officersof the court but also as human beings,is to provide our services in a pro bonopublico capacity. This is not aspirational,it is memorialized in Rule 6 of theRules of Professional Conduct, entitled“Public Service.” How do we fulfill thatobligation? Some of us accept employmentfrom clients who cannot afford topay our legal services. Others offer totake assigned cases — either criminalmatters from the court or pro bonocases from Legal Aid offices. Othersmake contributions to those offices orclient relationship, there is much aboutpracticing law that a law school nevertouches on. When I was in Ann Arborin the late '60s, the late Judge HoraceW. Gilmore, then of the Wayne CountyCircuit Court and later of the U.S.District Court, taught a Saturday morningelective course on the subject of professionalism,but many of us chose notto spend our Saturday mornings in thatway. Even now, law schools generallydon’t emphasize professionalism in theircurriculum.A refreshing exception to this is theThomas M. Cooley Law School, whichrecently opened its inaugural satelliteprogram at Oakland University, therebybecoming the first law school inOakland County. Cooley has adopted a“Professionalism Plan” which has as itsgoal “professionalism taught, learnedand lived in law school.”congratulations for opening the first lawschool in our county, but a special congratulationsand thank you for thisextraordinary program that is a leaderfor law schools around the country. Formore information regarding the ThomasM. Cooley Law School ProfessionalismPlan, you may call the school at (517)371-5140 or access the Web site atwww.cooley.edu.What Is Professionalismto You?Although we have Rules of ProfessionalConduct to guide our actions, our reallearning experience comes from thosewise lawyers from whom we learned byeither listening or observing. There liesthe message to all of us. Those of uswho are long in the tooth should lookaround and find newer lawyers towhom we can impart — perhaps in aninformal context — the lessons we have11other legal services providers to thepoor such as the State Bar’s “Access toJustice” campaign, which is designed toraise endowment to fund legal servicesfor the needy indefinitely into the future.You may contribute to the Access toJustice campaign by calling the StateBar at (800) 968-1442.It is our profession that makes publicservice a duty, not an option. I suggestthat it is more than a duty; it is a callingto each of us who can provide so muchto clients who otherwise would never beable to access our services.I Didn’t Learn Itin Law SchoolFrom time to time, you hear lawyers talkabout the things they didn’t learn in lawschool. From client development activities,to billing practices, to collection ofbills, to the maintaining of a positiveMeeting last month with Associate Deanof Development and Programs JimRobb, a longtime OCBA member, Ilearned that Cooley Dean Don LeDuchas established 18 initiatives which,when implemented, will involve Cooleylaw students in the development of a“core portfolio” for professional growthand activities throughout their threeyears in law school, going far beyondtheir classroom work in ProfessionalResponsibility. This program is designedto instill a sense of professionalism ineach student at Cooley, monitor thedevelopment of that professionalism,and introduce graduates into our professionwho are imbued with the sense thatprofessionalism is an integral part oftheir careers.Not only does Dean LeDuc and CooleyLaw School deserve ourlearned about professionalism. For thoseof you who are newer lawyers, identifywith one or two lawyers to whom youlook up, and approach them to sharetheir experiences with you. With theseefforts, we will ensure that the best ofour profession is shared and passed on,not only to preserve our important rolein society, but also to improve ourdaily lives.Tis the SeasonTo each of you I extend the warmestof holiday greetings. Take time to thankyour clients, your fellow lawyers, andyour family and friends for all thewonderful things they have done thisyear. Have a lovely holiday.Reprinted with permission. Published originally inthe December 2002 Laches magazine, a publicationof the Oakland County Bar association.BENCHMARK

feature12 Trinity Term 2003race 4educationrace 4educationLansing, Michigan — Nearly $8,000was donated to area educational institutionsin summer 2003 following thefourth annual 5K Race for Education atThe Thomas M. Cooley Law School onJune 6. Nearly 300 runners and walkersfinished the event, which also featuredchildren’s races, the Uptown Band, andother activities.All participants who signed up for thisannual race designated an educationalinstitution to receive a cash award iftheir name was picked in a postracedrawing. Nominees can be an institutionat any level of education, K-12, highereducation, private or public schools.This year, the top dollar winner wasOvid-Elsie High School, which was nominatedby Pete Treleaven. Ovid-ElsieHigh School received a check for$3,693.89. This amount beats last year’s50 percent winner by nearly $750.Administrators at Ovid-Elsie HighSchool received their school’s donationenthusiastically.“We were surprised and delighted withthe generous check generated from yourrecent 5K Race for Education,” respondedOvid-Elsie Principal Kirk A. Baese.“The check comes at a time when fundsare being pushed to their limits and thecost of textbooks and other classroomsupplies, is rising dramatically. The checkis welcome and appreciated by those ofus who must meet the budget crunch.You can be assured that the money willbe used wisely.”The 25 percent proceeds winner was the21st Century program at BinghamElementary School in Lansing. Bingham’sprogram was nominated by JasonBremer, and received a check for$1,846.94.The check comes at a particularly goodtime for the 21st Century program, aswell, responded Bremer. “This is a happyday for me,” Bremer said. “The programis running on fumes.”The enrichment program, set up to keepkids off the streets in the 3-6 p.m. period,is funded by a grant, which was torun out in May, but Bremer said that theyearned enough money to keep it goingfor the summer. The popular programprovides activities for students duringwinter break, summer vacation, andafter school.The 10 percent winners were MichiganState University, nominated by DougMielock, and Impression 5 Museum,nominated by Janice Trudgeon. Eachinstitution received a check for $738.78.The 5 percent proceeds winner wasCentral Elementary in Okemos, nominatedby Cooley Professor PatrickCorbett. Central received a check for$369.39.In addition, the Cooley Race also has adrawing for a Cooley prize of $1,000(if present for the award or $500 if notpresent).The Cooley prize winner this yearwas Okemos High School, which wasnominated by Trey Baughman. Cooleydonated $500 to the school.In the four years that Cooley hasoperated the 5K Race, nearly $23,000has been given to area educationalinstitutions.For the race itself, the overall malewinner was Chris Hughes, with a time of15:50. He was also the overall malewinner in Cooley’s first 5K Race in 2000.Nikki Norris-Smith was the overallfemale winner, with a time of 17:27.Norris-Smith was also the 5K femaleoverall winner in 2001.The overall male master’s winner wasonce again Roland Hensley with a timeof 16:10. Hensley has won the race inthis category in three of the four yearsthat the race has been run. The overallfemale master’s winner was JaniceSpodarek with a time of 19:32.All won a Romantic Adventure packagefrom the Lansing Radisson Hotel, whichincluded a one-night stay in a whirlpoolsuite, complimentary champagne andtruffles, a rose upon arrival, breakfastfor two in Seville’s Restaurant, full useof the indoor pool, whirlpool, sauna,and exercise room.BENCHMARK

In the four yearsthat Cooley hasoperated the 5KRace, nearly$23,000 hasbeen given toarea educationalinstitutions.This year, the top dollar winner was Ovid-Elsie High SchoolBENCHMARK

featureAlumnigolfOne hundred and four golfers played in the 2003 AlumniMemorial Scholarship Golf Outing on Saturday, July 12.This was the fourth outing held at Wheatfield Valley GolfCourse, near Williamston, Mich. The annual gathering raisesfunds for a scholarship granted to a current Thomas Cooleystudent each Hilary Term.The Alumni Memorial Scholarship is awarded based uponfinancial need, academic achievement, extracurricular activitiesand other considerations. This year, $7,587.48 will beadded to the scholarship fund. The generosity of the golfersand hole sponsors is greatly appreciated by the AlumniAssociation and Cooley’s students.The golfers enjoyed a cool morning and sunny skies. Thewinning foursome was Stephan Holland (Jay Class, 2000),Melissa Redmond (Jay Class, 2000), Marc Slocum, and MattSlocum. Mick Grewal (Hooker Class, 1993), Jeff Barrett,Annu Grewal, and Randy Behrman came in second. Currentstudents John Cuschieri (Toy Class, 2003), Kyle Maninger(Swift Class, 2004), Dan Lambert (Swift Class, 2004), andEric Laue (Swift Class, 2004) were the third place finishers.The team with the lowest score in which all four golferswere Thomas Cooley alums consisted of Thomas A. Halm(Carr Class, 1984), Vincent W. Welicka (Pratt Class, 1988),David E. Prine (Sherwood Class, 1986), and CharlesJustian (Chandler Class, 1983). The group with the highestscore was Shawn Gillispie (T. Johnson Class, 2002), DanielP. Driscoll (T. Johnson Class, 2002), Bradley Butcher(Iredell Class, 2001), and Jacob J. Pitre (T. Johnson, Class2002).The team with the highest number of cumulative yearssince Thomas Cooley graduation was the perennial winner,Jerry Sutton (Cooley Class, 1976), Gary Tyler (CooleyClass, 1976), Tom Lapka (Wing Class, 1982), and RichardO’Neill (Cooley Class, 1976).In the category of individual awards, Laura Graham(Cushing Class, 2000) sank the longest putt. AnnuGrewal’s shot made him the person who was closest to thepin. Michael Murphy (Wilson Class, 2001) made the man’slongest drive on the fairway and Susan Metzger had thewoman’s longest drive. Unfortunately, no individual wonthe hole-in-one contest prize, a 2004 Cadillac CTS,although Steve McAlvey came closest.This year’s outing also determined the winners of theFourth Annual Cooley Cup. This is a traveling trophy thatrecognizes the team with the lowest score that has at leastthree members from the same law firm or legal employmentassociation (such as a prosecuting attorney’s office).In 2000, Robin Omer (Ransom Class, 1978), DianeBernick (Kelly Class, 1978), Dustin Foster (Fellows Class,1997), and Dennis Bernick won the Cooley Cup for thefirm of Bernick, Omer & Radner, P.C. In 2001, theHubbard Fox law firm won the prize, thanks to the golfingskills of Jim Mauro (Champlin Class, 1987), JohannaCarey, (Kuhn Class, 1995), Brian Surgener (McGrathClass, 1992), and John Caudell. The cup returned to thefirm of Bernick, Omer & Radner in 2002, owing to theskills of Patricia Ouellette (Steere Class, 1995), ScottMertens (Rutledge Class, 2000), Diane Bernick (KellyClass, 1978), and Dustin Foster (Fellows Class, 1997).This year the cup stays at Bernick, Omer, Radner &Ouellette, P.C., located at 2400 Lake Lansing Road inLansing. Patricia Ouellette (Steere Class, 1995), MarkBENCHMARK

outing2003Gende, Diane Bernick (Kelly Class, 1978), and DustinFoster (Fellows Class, 1997) made up the winning team.Looks like it is becoming an office fixture for that law firm.The trophy will be displayed there until next summer,when it is up for grabs again.Beyond celebrating the athletic abilities of the golfers, thecontributions of hole sponsors and other donors to theevent must be recognized. The hole sponsors for the 2003Alumni Memorial Golf Outing were: Alumni ExecutiveCommittee members Charles R. Toy, Jeff Haarer, SuzanneLowe, Julie Clement, and Diane Britt; AFLAC — PatFuller; Alumni Past President Virginia P. Allen; the AmwayGrand Plaza Hotel; Alumni President M. Carol Bambery;Capitol Cadillac; Mike Carr-Lee Wayne Corp.; RushClement; Cooley Law School; Cooley Law SchoolAssociate Deans Charles Mickens, Helen Mickens, AnnMiller, Amy Timmer, and Paul Zelenski; Cooley LawSchool Associate Dean for Development Jim Robb; theCooley Law School Bookstore; Cooley Law SchoolDevelopment, Alumni Relations and Reputation FacultyCommittee — Professors Ron Bretz, Mary D’Isa, JudyFrank, Keith Hey, and Larry Morgan; Cooley Law SchoolDirector Alumni Relations Director Darryl Parsell; CooleyLaw School Professors Kate Butler, Mike Cox, EileenKavanagh, Joe Kimble, Dan McNeal, Kathy Swedlow, andAnn Wing; Cooley Law School in Grand Rapids — AlethaHonsowitz; Cooley Law School LL.M. Program —Associate Dean Bill Weiner; Cooley Law School at OaklandUniversity — Associate Dean John Nussbaumer; CooleyLaw School Practice, Advocacy and Litigation Skills Dept.— Prof Marj Russell; Cooley Law School President DonLeDuc; two sponsorships from the Cooley Law SchoolStudent Bar Association; Cooley Law School staff membersTony Alvarado, Marylynn Bain, Cherie Beck, Terry Carella,Margie Doyle, Audra Foster, Stephanie Gregg, KathyNeros, Laurie Taylor, and Sherida Wysocki; the DailyBagel; the Detroit Tigers; Greater Lansing SymphonyOrchestra; GW Company; Jackson National Life; JeffJablonski and Brenda Popplewell; Kleinbrook Financial Inc.— Chip Kleinbrook; Kositchek’s; Lansing Sanitary Supply;Alumni Association Treasurer Henry Legere, Jr.; NeimanMarcus — Bruce Smith; Plante & Moran; Khalid Sheikh;Sutton Advisors; Wheatfield Valley Golf Course; and Courtof Appeals Judge William Whitbeck.In addition to the aforementioned hole sponsors, thefollowing individuals and firms gave contributions of goodsand services, which made the outing a success: BeanersGourmet Coffee, First National Bank of Michigan, Brown& Bigelow — Tom Todd, Clara’s Lansing StationRestaurant, Korner Kitchen Restaurant, and the LansingLugnuts.Following the completion of 18 holes of golf, the participantsgathered at the Wheatfield Valley clubhouse for asteak lunch and the awards ceremony. Cooley Law School’sAlumni Association thanks all of the golfers and donorswho made the event so successful and invites everyone toattend the 2004 Alumni Memorial Scholarship GolfOuting. Next year’s outing is again scheduled to be held atthe Wheatfield Valley Golf Course on Saturday, July 10, soplease save the date on your calendar.The members of the Alumni Association hope to doublethe number of scholarships granted next year and we needyour help, as do current Cooley students. There are fewneed-based scholarships available at Cooley, and ourAlumni Memorial Scholarship is the most important one.To build the fund, play golf at the 2004 outing, sponsor ahole, or make a direct contribution to the AlumniMemorial Scholarship Fund. Contact Alumni RelationsDirector Darryl Parsell at (800) 243-ALUM, in Lansingcall 371-5140, ext. 2038, or e-mail for more information. Contributors receive a donationreceipt for tax purposes and the appreciation of the AlumniAssociation.BENCHMARK

featureSmall business:reduce taxes and save big bucksfor those who make the right moves By Charles Kleinbrook, P.C.When it comes to selecting a businessentity, smart decisions can save a bundle.Proper planning can keep moredollars with the owner rather than theIRS. Unfortunately, far too often businessowners make little effort to consider theoptions available. We often spend moretime planning a vacation than planningour business structure. Corporate taxdeductions can be significant. In particular,sole proprietors can miss the subtletax deductions and benefits that significantlyhelp small corporations. Cocktailparty advice from a lawyer or otherprofessional without a thorough evaluationof your current business situationmay skip deductions and may be toomyopic for a long-term strategy.The purpose of this article is to identifythe often overlooked fringe benefits thatcan help business owners, especiallyhere in Michigan. Dollars currentlybeing diverted elsewhere, especiallyduring those pencil-biting weeks at taxtime, may have special value to thesmall corporation.Choosing an EntityShould an owner of a business incorporate?Most likely, yes. A corporation is a"person" under the law. By forming acorporation, the officers and directorsgenerally insulate themselves frompersonal liability, provided they act inaccordance with the MichiganCorporation Act 1 and corporatebylaws. A corporation may not be thepreferred business form in all circumstances.Owners quickly discover thatmost new corporations cannot obtainloans without personal guarantees.Those personal guarantees will notavoid creditors if the business goesbelly-up. In many cases, however,incorporation for small businesses willprovide a number of advantages overa sole proprietorship or a partnership.By the same measure, Michigan lawpermits the creation of similar entitiesthat help limit liability — Limited LiabilityPartnerships and Companies (LLPs andLLCs). Partnerships joint ventures, andsole proprietorships do not afford thesame level of insulation, as a rule. Thepros and cons of each, along with athorough examination of each, arefound in nearly any business library.Your attorney should volunteer to giveyou a comparison spreadsheet for free.If an LLP deducts the same expenses,why be an LLC or regular corporation?An LLP may well have certain liabilityprotections that make it a smart choice,but rarely the best. Considering the totaldeductions and reimbursements available,as well as greater liability protection,a traditional corporation or LLC isthe better move. If properly policed bythe owner, the CPA and the attorney,these entities extend greater latitudewhen one considers pension planoptions, key-person life insurance, andbuy-sell agreements.An LLC for high liability property?Let’s pretend that you have a boat orjet-ski, or maybe a cottage by the lake.These are high-risk activities, especiallyif your guests consume alcohol. It maywell be in your best interest to placethose parcels in an LLC. Why? Becauseif properly titled, it offers greaterBENCHMARKprotection from those claims arisingfrom high-liability activities, especiallyif your coverage is insufficient, if youforget to pay the premium, or if theinsurance company denies the claimfor one reason or another.Business DeductionsWhat tax benefits exist for small corporationsand LLCs? As a rule of thumb,any business can deduct anything that isreasonably related to the business. Aslong as you have receipts and as longas it passes the “laugh test” (i.e., woulda reasonable person not laugh at theattempt to reimburse yourself), then mostobvious items are fullyreimbursable/deductible. However, thenot-so-obvious tax advantages that maynot otherwise apply to a sole proprietorare listed here:•Deductibility of certain business, estateandtax-planning preparation feesfrom professionals, and start-up fees;•Deductibility of health insurancepremiums, disability premiums, andliability coverage for shareholders,officers, and directors — (and getthis!): for family members as long ascoverage is not discriminatory amongother employees and as long as thefamily members are officers/employees;reimbursement of out-of-pocketmedical, dental, and optical expensesand deductibles;•Full or partial deductibility of lifeinsurance premiums through split-dollaragreements and buy-sell insurance;•Deductibility of fringe benefits, likebusiness travel, company cars, and

17high-dollar contributions to your pensionthat can be paid directly by thecorporation at substantial savings tothe owners;•Interest-free loans to shareholdersunder certain circumstances and delayof payment of quarterly taxes;•Tuition reimbursement plans andstudent loan payment plans so long asthe education is reasonably necessaryfor the business purpose and in thesame business.Medical BenefitsMany small business owners arepainfully aware of the recent largeincrease in health insurance premiums.The trend does not appear to be slowingany time soon. This deductible costalone may well convince owners toincorporate pronto. When the ownersdiscover that 100 percent of premiumsare deductible, there is a deep sense ofcomfort to them and their employees. Aproperly drafted medical reimbursementplan will permit deduction of the fullamount of medical costs — a benefitunavailable to large corporations.What deductions can a corporation takewith regard to optical and dentalexpenses? The smaller the company, thebetter. For corporations with a handfulof officers and directors, there is goodnews. Many optical costs, disability premiums,drug plans, and dental expensesmay, through a contractual medicalreimbursement agreement properlydrafted by an attorney, be reimbursedby the corporation. The IRS authorizessuch plans [see IRC Section 213(d)]. BeBENCHMARKadvised, however, that health insurancecoverage must follow strict requirementsunder IRS rules. To summarize the code,plans must not discriminate betweenofficers and employees, with certainexceptions that your CPA can elaborate.The smaller the company, the more likelybenefits can be paid for all medical,dental, and optical costs for owners andtheir families. The owner, however, canexclude employees who have not completeda certain length of employment,who are not a certain age, who workless than 30 hours a week, or who areseasonal, or who are union memberscovered by a separate contract.Tuition BenefitsCan corporations pay for educationalexpenses incurred by employees? Sure.The corporation can adopt a tuitionreimbursement plan that even lets fulltimeemployees become part-timeemployees due to the course schedule.The plan can pay the installments orbalance from retained earnings withoutbeing considered income to the employee.Another caution though: theemployee/officer must clearly be anemployee providing genuine services tothe company in order to obtain thisbenefit. The education must be reasonableand necessary to the conduct of thebusiness. For many small businesses, theeducation must be in the same line ofbusiness and not required in order to bequalified in that line of business. So, forsmall businesses, you can’t pay off thatcollege loan, unless the degree youobtained is concurrent with your corporation’sexistence, is relevant to the businesspurpose, and is not required topractice in that business. For example, ifyou create a coffee wholesaling corporation,and then get an internationalbusiness degree to help expand yourinternational coffee business, the companycan legally reimburse your tuition.Whereas that old student loan from 10years ago in political science can’t bereimbursed when you form an LLC aftergetting your law degree. Many largecompanies permit any type of tuitionreimbursement as long as the benefitdoes not discriminate between employees.Be sure that your CPA approvesyour plan before paying the tuition bills.High-Limit PensionsThe IRS permits employers to createnumerous pension options to corporations.Traditional 401(k) plans permithefty matches and benefits to singlepersoncorporations if you are willing tofork over one or two thousand dollarseach year in legal and accounting fees.Some folks earn $100K and contributeanother $100K to their traditional401(k) plan. But such plans havebecome fairly expensive and onerous toadminister for small companies.Employers are often annoyed with thediscrimination testing requirement inordinary 401(k) plans. Instead, morecompanies turn to SIMPLE IRA and SEPplans. SIMPLE plans permit the employeeto stash away upward of $6,000 taxdeferred and require a small percentmatching by the employer. The SEP evenpermits up to 25 percent of earnedincome to be deferred. With the rightincome parameters, an owner can alsosock away his regular Roth orTraditional IRA amount of $3,000 peryear; $3,500 if you are over 50. That ishard to beat even when compared to atraditional 401(k). Even better, if youand/or a spouse are the sole employees,the IRS gives you a special bonus. Thenew Solo 401(k), for fees generally lessthan $500 per year through a few fundfamilies, permits contributions upwardof $40,000! Better still, you can takeloans from the Solo 401(k)! This is agreat choice for solo professionals. Addto that the regular Roth or TraditionalIRA contribution, and you are in fineshape. In sum, a closely held companycan contribute surprisingly high dollaramounts to its pension.Continued on page 18

18 Trinity Term 2003Discrimination RulesWhat is the best way to comply withdiscrimination rules but still permit othertax benefits to my family? Depending onthe nature of your business, somecompanies have little choice. But if yourbusiness can stratify its operationsbetween different companies, the planmight permit different benefits to differentcompany employees. Pretend you selldonuts. You own four stores. You ownall four and have more than, say, fiveemployees. There is no rule against creatingan employee leasing company toprovide benefits of a limited amount tothe employees at all the shops. But, ifyou create another company to own thereal estate and collect the rent, you haveanother option. That real estate companyhas separate and distinct books,shareholders, officers, and directors.You could make your family membersofficers and employees of that realestate leasing company and offer moregenerous benefits than if they wereemployees of the donut shops. As longas the companies are truly distinct andhave a separate business purpose (withno employee overlap outside IRS limits),then you may well meet thediscrimination tests.Interest Free Short-Term LoansCan the owner take an interest free loanfrom the corporation? You bet. Smallloans (usually less than $10,000) toshareholders are allowed and notnecessarily subject to imputed interest ifthe loan is forgiven by the corporationat the end of the year and simply takenas pay. Be sure that you have a promissorynote duly executed and drafted bythe company’s attorney, with thecorresponding resolutions to show that itis legitimate. Loans past the corporateyear end or of higher principal amountsare more complicated. The IRS willimpute interest and your CPA can tellyou the particulars. In any event, youget a better break because loans takenduring the year but forgiven in the lastquarter avoid the quarterly tax paymentrules. Ask a qualified accountant for thespecifics here, too.The Kleinbrook CreditCard TrickIn my corporation, I chose to get a personalcredit card used on all personaland business expenses. I segregate thecharges on each monthly bill and reimbursemyself for any corporate expense.The bonus? The card generates frequentflier miles. Thanks to my corporation,expenses run through the personal creditcard and — voila! — say hello to thatfree airline ticket to ski Banff!A word to the wiseAny corporate structure should be intandem with a properly drafted estateplan. Anything less might put your beneficiariesthrough unnecessary probateinvolvement if you are disabled or die.The will, trust, powers of attorney,patient advocate agreements for healthcare, and corporate documents must alldovetail to work right. Businessmen andwomen who build a “book of business”have special concerns. If your “book” isnot subject to sale provisions on deathor disability, your plan is substantiallydefective. That “book” must be specificallyaddressed in your trust. A businessprofessional with no trust language thatspecifically sells your business? Yikes!Your spouse or beneficiaries will have aright to be miffed!What good is your plan if you makemillions only to have those dollars wastedaway through probate court? Failingto hold assets in the name of your familytrust just takes attorney fees from yourfamily’s inheritance.State laws vary, so be sure that you contactadvisers familiar with the subtleties.Don’t try to operate on yourself. Selectan accountant and attorney who pledgeto work in harmony. Deciding whichbusiness election is best for your situationand which tax benefits may apply is notrocket science, but it should not be takenlightly either. Some CPAs frown on traditionalcorporations because of doubletaxation rules and high costs in smallcompanies. A single owner LLC is aneasy and very feasible alternative. Anobjective, seasoned, and professionalattorney and accountant will ensure thatthese concepts make your business complete,the first time. The adviser shouldpledge continual support and ongoingeducation to help sort through your specificneeds as they may evolve. A yearlyreview is often overlooked, but wellworth it. I offer my clients that courtesyfor free.Over the years I have had sophisticatedclients who knew these rules, such asinsurance agents and attorneys, but theywere so consumed by their day-to-daywork that they put off their plans until itwas too late. It left their family sad andamazed that they did not plan the waythey preached.In sum, your properly crafted businessand estate plans can offer significant taxsavings. The effort and time put forwardwith your attorney and CPA will be wellworth your time. It will put more moneyin your pocket, insulate your liability,and protect your family from futurestrife. Your family will appreciate yourthoughtfulness, and any potential creditorswill be all too amazed at youradept planning. I strongly encourage anannual personal and business review toconsider these and other tax friendlytools to help you. If your adviser has notsuggested these ideas, are you reallygetting the best advice?© 2003 Charles Kleinbrook, P.C.A graduate of Marquette University and Cooley LawSchool, a stockbroker and insurance agent since1998, Mr. Kleinbrook operates a general practice lawfirm in Livonia, Michigan and has been advising individualsand small businesses since 1988.[This article may be duplicated or reprinted providedthat this credit is given and that no alterations aremade.]BENCHMARK

ROCKFORD COMPANIES BREAKSGROUND ON NEW COOLEY LAW SCHOOLOfficials from Rockford Companies (Rockford) and Cooley LawSchool (Cooley) held a groundbreaking ceremony Sept. 10,2003 at the future home of Grand Rapids’ Cooley Law School,located at 111 Commerce St. in downtown Grand Rapids’Cherry Street Landing district. The groundbreaking event celebratedthe establishment of Cooley Law School’s Grand Rapidscampus and the partnership between Cooley and WesternMichigan University.“We are very fortunate to finally have a law school in ourcity,” said Grand Rapids Mayor John Logie. “Cooley has trulymade a significant investment in our city, and Iwant to recognize Rockford for its continued commitmentto making our downtown area the placeto be.”The construction project includes the renovation oftwo existing buildings and a 33,500-square-footaddition that will connect them. The project will becompleted in four phases. Phase One, which isexpected to be completed in January, 2004,includes the renovation and construction of alibrary on the lower level and first floor, partialsecond floor offices, and a lobby area. Cooleyplans to open the first portions of the facility uponcompletionof Phase One.“We have been looking to expand our program for some timenow,” said Cooley Law School President Don LeDuc. “With theincreasing demand for legal education in Grand Rapids andWest Michigan, it was clear to us that Grand Rapids was readyfor a law school. It was a very natural move for us.”Rockford Companies’ CEO John Wheeler announced that constructionof all four phases will be complete in May 2006. Healso expressed his excitement for Cooley’s decision to locate inthe Cherry Street Landing district. “We are pleased to partnerwith Cooley and we’re excited about the vitality and level ofsophistication that Cooley will bring to the area,” saidWheeler. “Cherry Street Landing is a personal passion of mine.Rockford has been working to develop the area for the pastfive years and it’s great to see it come to life. I see Cooley asan important anchor for the Cherry Street Landing neighborhoodand for the sustainability of the district.”By fall 2006, Cooley plans to operate as a full branch campus atits own 100,000-square-foot facility. Enhancing its partnershipwith Western Michigan University, Cooley offered first-semesterevening classes in May 2003 at WMU’s Graduate Center downtown.In September 2003, Cooley opened its satellite campuson the fourth-floor of the Graduate Center and currently offersfirst-semester morning classes. In January 2004, Cooley willoffer schedules for afternoon and weekend classes at its newfacility.Rockford Companies, which includes RockfordConstruction Company and Rockford Development Group,has demonstrated a commitment to downtown GrandRapids’ revitalization for the past 15 years through a successfulhistory of renovating and restoring historic andother buildings downtown for new uses. Projects includethe Peck Building on Monroe Center, the Williams ArenaStation, the Ferris State University/Kendall School of Artand Design, and Rockford’s 32 Market Avenue corporateoffices, in addition to the multiple projects in Cherry StreetLanding district. Cherry Street Landing is an emerging districtlocated within the boundaries of Cherry Street, OakesStreet, Ionia Avenue, and Commerce Avenue. Rockfordpartnered with the DeVos family in April 2003 to furtherthe development of Cherry Street Landing. The partnershipwas formed through Rockford and the DeVos family’sshared vision and commitment to downtown revitalization.

feature20 Trinity 2003THE INNOCENCE PROJECT’SFIRST DNA RESULT – AND ITSFIRST EXONERATION!On June 17, 2003, Kenneth Wyniemkowalked out of prison after having servedalmost 10 years for a crime he did not commit.His innocence was conclusively established by sophisticatedDNA testing, prompted and pursued by students and facultyat the Thomas M. Cooley Innocence Project. Mr. Wyniemkowas the 132nd person exonerated by DNA testing, and thesecond person to be so exonerated in the state of Michigan.At the time of Mr. Wyniemko’s trial, several key pieces offorensic evidence raised doubts about his involvement:Biological evidence left atthe scene of the crime wastested at the time of trialusing basic blood type testing,but excluded Mr.Wyniemko as the source.Although Mr. Wyniemkosteadfastly maintained hisinnocence from the time ofhis arrest, he was convictedof 15 counts of First DegreeCriminal Sexual Conductand sentenced to 40-60 years for each count.In November 2002, the Cooley Innocence Project — workingwith pro bono local counsel, Gail Pamukov — filed a motionfor DNA testing under Michigan’s postconviction DNA testinglaw. In December 2002, the Michigan State Police CrimeLaboratory was directed to conduct DNA testing on all theevidence in the case. Because of advances in DNA technology,personnel at the Crime Laboratory were able to performmore sophisticated testing on items that could not have beentested at the time of Mr. Wyniemko’s 1994 trial. That testing,completed in June 2003, definitively showed that Mr.Wyniemko had not committed this horrendous crime. And,while the DNA testing in this case also provided a DNA profileof the real perpetrator of this crime, he has not, as of thiswriting, been apprehended.BENCHMARKAbout The Cooley Innocence ProjectOn Jan. 1, 2001 Michigan enacted a DNA testing statute(MCL § 770.16), which provides a postconviction remedy forthose individuals who claim factual innocence, and whoseinnocence can be established by DNA testing of the biologicalevidence collected at the time of the offense. Shortly afterthe statute went into effect, the Thomas M. Cooley Law Schoolinitiated The Cooley Innocence Project, and in May 2001 itbegan operation as a law school clinic. The project's dualmission is to identify, provide legal assistance to, and securethe release of persons who are wrongfully imprisoned forcrimes they did not commit, as well as to provide its studentswith an excellent learning experience. It is the only such projectin the state.Each term, the project accepts a handful of qualified Cooleystudents to work with faculty experienced in criminal andpostconviction law to screen postconviction cases for strongevidence of factual innocence and prepare appropriate casesfor court action. Cooley Law School students, under facultysupervision, work directly on the project and are intricatelyinvolved in various operations of the project, such as creatingscreening procedures, obtaining and reviewing case histories,applying screening devices, investigating facts, interviewinginvolved persons, writing case time lines and summaries, performingcase analyses, and preparing written case evaluationsand pleadings. As a case is selected for legal action,the project prepares pleadings for court filing and a studentis assigned to assist a participating attorney. A group of over160 criminal defense practitioners statewide have agreed towork with the project faculty and students in taking cases tocourt on a pro bono basis.As of this date, the project has received, screened, andreviewed over 2,000 requests for assistance. KenWyniemko’s case was filed by the Cooley Innocence Projectunder the new DNA statute and was the project’s first exoneration.At this time, Cooley Innocence Project student internsare actively investigating about 150 cases, and the projecthas several other cases in litigation.

Cooley Innocence Project Faculty and StaffThe project is administered and taught by Professors NormanFell, Kathy Swedlow, and Marla Mitchell, with the assistanceof Staff Attorney Donna McKneelen.Professor Fell has been chairperson of the Clinical SkillsDepartment at the law school and is co-director of the project.In addition, he teaches Criminal Law and ProfessionalResponsibility. Before coming to Cooley in 1987, Professor Fellserved as a public defender and legal aid attorney, and conducteda private practice for 15 years, concentrating incriminal defense work.Professor Swedlow is co-director of the Cooley InnocenceProject. She teaches Criminal Law, Criminal Procedure, and aDeath Penalty Seminar. She served as a staff attorney in theU.S. Courts of Appeal for the Second and Third Circuits, andfor the past eight years, has been involved in death penaltyand postconviction litigation.Professor Mitchell, in addition to her work on the project, is afaculty supervisor and clinical skills teacher in Cooley’s SixtyPlus, Inc., Elderlaw Clinic. Before coming to Cooley, ProfessorMitchell taught in criminal law clinics at the University ofAkron, Case Western Reserve Law School, and the Universityof Dayton. Prior to teaching, she was a public defender in theMoot CourtFront row, left to right: Amy Church, Evelyn Tombers, Michelle Mauldin,Sara Jazayeri. Back row, left to right: James Duquet, Steven Laucella ,Jill Swiontek, Annel Norgaisse, Janelle Benjamin, Yusuf Wilson, Larkaya Gant,Jesse Smith, Shital Bhakta, Phillip LaneMock TrialFront row, from left: Katherine Bordner (Innocence Project staff), J. KevinWright and Matthew Galasso. Second row, from left: Staff attorney DonnaMcKneelen, Professor Marla Mitchell, Darin Poole, Ken Wyniemko, HeidiHagen, Therese Maloney, and Professor Kathy Swedlow.state of Ohio.MOCK TRIAL BOARD General Membership: Front row, from left:Ayiteh Sowan, Jill Swiontek, Kristin Heyse, Tiffany Evans. Middle row, fromleft: Shital Bhakta, Ammie Rouse, Felina Vaughn, Stayce Davis. Back row,from left: Michael Maher, Matt Galasso, Maxim Vayner.Donna McKneelen is a 2002 Cooley graduate and has beenwith the project from its inception. As a student, Ms.McKneelen volunteered her time to the project; later, sheworked in the project for four terms as a student intern. Aftergraduating from Cooley, Ms. McKneelen worked in the projectas an adjunct professor and now serves as its staff attorney.How Can You Be a Part of the CooleyInnocence Project?The Cooley Innocence Project exists because concerned personssupport it. You can show your support by sending yourtax-deductible donations to: The Thomas M. Cooley InnocenceProject, P.O. Box 13038, 300 S. Capitol Ave., Lansing, Mich.48901.MOCK TRIAL BOARD Executive Board: Front row, from left:Lisa Lanxton, Michelle Mauldin, Michelle Brya, Cassandra Harmon.Back row, from left: Jesse Smith, Jarrod Higgins, Jodi Copenhauer.

school newsLaw ReviewAchieving Justice: The Case forLegislative ReformBy Alma LoweryA predominately Hispanic community inDetroit is getting a new and much neededstate-of-the-art elementary school.Unfortunately, the school is built on contaminatedland. In fact, during the constructionprocess, workers experienced unexplained illnessesand located underground chemicalstorage tanks. When the location of the schoolwas decided, the school district failed toprovide parents with information, in Spanish,about potential pollution levels, or to solicitmeaningful public participation in the process.This left many parents concerned about thenew school’s location and dangers to theirchildren. What could the concerned parentsand local community do?The author uses the issues in Lucero v. DetroitPublic Schools to illustrate the need for legislativereform by focusing on environmental justicefor all segments of society, including lowincomeand minority communities. The articleexplores some fundamental flaws in currentstate and federal laws that cause communitieslike that in Lucero to shoulder a disproportionateshare of society’s environmental burdens.Specifically, environmental laws do not considerthe effect of cumulative pollutants on thecommunities that surround polluted sites.The author suggests that corporations are presumedto be in compliance with environmentalregulations, which leaves plaintiffs like thosein Lucero with few legal resources to protecttheir rights. For example, the Equal ProtectionClause of the Fourteenth Amendment requiresintent to discriminate, while Title VI of the CivilRights Act of 1964 does not allow for privateright of action.Some suggested solutions for the environmentaljustice movement are to amend Title VI toallow private right of action, to amend laws torequire corporations to reduce pollution levelsuntil compliance standards are updated, andto adopt legislation to aid in the decision-makingprocess. These solutions may be achievedthrough coordinated legal challenges, mediaattention, grassroots efforts to educate thepublic, and cooperation with other socialjustice movements.Education for What? AChronicle of EnvironmentalHealth Deception inLansing, MichiganBy Brian McKennaIn this article, the author exploresrecent instances of censorship anddeception of environmental health datain the Lansing area. More specifically,the author suggests that there are identifiableenvironmental health risks inLansing caused by water and air pollutants;however, Lansing’s citizenshave not been, and continue not to be,fully informed of health data and localenvironmental risks to public health.The author suggests that Lansing citizensare led to falsely accept the ideathat their health is not seriously impactedby the environment. The citizensremain unaware of environmentalhealth risks due to a number of factors:the nondisclosure and/or censorshipof health reports by local governments,the fear and failure of governmentworkers to speak out on the truestate of environmental affairs, the lackof public access to critical health data,and the failure of the local media topublicize crucial environmental stories.Furthermore, because of this lack ofknowledge, many environmental lawsuitsthat potentially could be filednever are.The author recognizes that, in questionsof environmental health, economicdevelopment often takes priorityover the public at large, especiallywhen the home of General Motor’slargest production center is located inLansing. As a result, he emphasizesthe need for activist intervention toraise awareness of environmentalhealth problems. Local governments,media, and Thomas M. Cooley LawSchool are identified as the importantLansing-area institutional actors whocan play a part in this struggle for“environmental literacy” and socialjustice.BENCHMARKCould Narrowing FederalJurisdiction Under the CleanWater Act Actually Take Away theStates’ Ability to Protect TheirOwn Water? The UnintendedConsequences of Solid WasteAgency of Northern Cook Countyv. U.S. Army Corps of EngineersBy James DuquetWater is probably our most essential naturalresource. We need water that is chemically,physically, and biologically pure for our verysurvival. So it would only make sense that inpassing the Clean Water Act, Congress wouldhave intended to protect people and wildlifefrom any discharges that might harm theintegrity of the nation’s waters, especiallywaters that might affect more that one state,right? Wrong. At least according to someinterpretations of the U.S. Supreme Court’s2001 holding in Solid Waste Agency ofNorthern Cook County v. U.S. Army Corpsof Engineers (SWANCC), Congress onlyintended to regulate discharges into watersthat are actually capable of supportingnavigation in the traditional sense.The author examines the history of the CleanWater Act and traditional definitions of “navigablewaters” as used in prior statutes to identifypotential regulation problems as well asconflicts with the intent of the Clean Water Actcreated by the narrow reading of SWANCCadopted by some courts. One such problem isthat waters which cross state lines, and arenot navigable in the traditional sense, mayserve as a conduit for pollution from one stateto enter the waters of another. Limiting theClean Water Act to only traditionally navigablewaters would preclude any federal regulationof the discharges into such waters andeffectively deny a remedy to the state that suffersthe effects of the discharge. This createsprecisely the encroachment upon federalismthat the SWANCC decision sought to prevent.The author suggests that this problem wascreated by ambiguities in the drafting of theClean Water Act and must be remediedlegislatively so that the clear meaning of theact reflects the intent of its framers and givesno room for judicial interpretation.

An Overview of Environmental JusticeBy Tom Stephens, Esq.The tragedy of Sept. 11 changed the way thatmany important issues are dealt with. “AnOverview of Environmental Justice” explores thesignificant legal and social issues facing the environmentaljustice movement in a post-Sept. 11world both at home and abroad.In this article, the author explores the developmentof environmental justice and how the events ofSept. 11 have raised new challenges to it. He contendsthat while conducting the "war on terrorism,"issues such as environmental racism, global warming,and water shortages have not been properlyintertwined with U.S. foreign policy toward theMiddle East. Further, while the United Statesprovides millions in environmental aid to Europe,Third World countries, and people of color areoften left alone to fend for themselves. He alsocontends that fighting terrorism has caused anabandonment of many of this country’s traditionalenvironmental standards. He notes that the directorof the EPA’s Office of Regulatory Enforcement andtheir National Ombudsman resigned in protest ofBush Administration policies regarding energy. Theauthor further contends that the environment is notcurrently being viewed as a significant policy crisisand it has been replaced by war and the economyexclusively.The author recognizes a need for social, economic,and scientific change. He points out that there is anadministrative problem with getting any meaningfulresolution of complaints regarding the environment.He suggests that activists need to promote the electionof a more environmentally friendly president.He also suggests the confrontation of transnationalcorporate institutions regarding these issues. Mostof all, the author stresses that our attention shouldbe focused on the real issue of the struggle for acleaner and more democratic world.The Wolverine Pipeline,LectureBy John SmiertkaThe Wolverine Pipeline Company proposedenlarging a current pipeline thatruns from the Stockbridge Terminal Pointto the LaPaugh Station. Before its applicationfor the pipeline was accepted orrejected by the Michigan Public ServiceCommission, the application was pulledand a new pipeline along I-96 was proposed.Lansing’s City Attorney discussesthe new route, the potential problems,and the city’s role in Mayor of the City ofLansing v. Michigan Public ServiceCommission.As with most pipelines there are dangersassociated with leaking and spilling.These dangers include harm to residentsif there should be an explosion, as wellas danger to the drinking water system ingeneral. Also, in contrast to the originalproposal, the new pipeline along I-96travels through minority populations thatare greater than the urban average. And,the average income in these areas isabout 40 percent less than those in theoriginal proposal.The city of Lansing opposes the pipelinebecause of the dangers and claims thatbecause the new route travels throughthese high minority areas there is a disparateimpact creating an issue of environmentaljustice. Additionally, theMichigan Constitution requires municipalitiesto consent to the use of their right-ofways.Wolverine never obtained consentfrom the city of Lansing to install the proposedpipeline. The city will continue tooppose the pipeline and seeks environmentaljustice for all residents.Troubled Waters: Policy andAction in the Great LakesBy Jerome Hinkle23In this article, the author discusses the problemsfacing our water supply, specifically theGreat Lakes Basin. Water is one of the mostimportant resources we use, and unless measuresare taken to conserve this resource theremay be drastic results. We use water in avariety of ways, some are ineffective, leadingto vast amounts of water wasted every day.With our increasing use of water and ourineffective use, we must seek changes to correctthe problem before our water resourcesare depleted.The author explores the difficulties in findingsolutions to correct the water depletion problem.Despite much concern, one possiblesolution is to privatize water along with otherpublic assets. Another possible solution is totrade water. However, there is an issue ofwhether water can be traded, and if so, thereis a conflict regarding the regulation of thesetransfers. Since there are no real safeguards,our water resources could receive irreversibleeffects if mismanaged.In response to the current state of waterdepletion, several agreements and acts havebeen formed. One such agreement, TheBoundary Waters Treaty, has been seen as amodel of how two nations can work togetherto successfully manage their naturalresources. The treaty requires approval ofany action that would affect the water levelon either side of the boundary. Another is theWater Resources Development Act (WRDA),which set up a framework for conservationmeasures and processes for the approval ofdiversions and exports. There exists hope thatwith the attention to these issues the problemwith our water supply can be reversed.LAW REVIEW ROSTER FOR TRINITY 2003: Board of Editors: Dana Cilla, Editor-in-Chief; Marc Amos, Articles Editor; Amy Church, Interim Symposium Editor; James Duquet,Interim Comments Editor; Stacy Flanery, Interim Editor-in-Chief; Kristin Heyse, Casenotes Editor; Connie Marean, Comments Editor; J. Kevin Wright, Symposium Editor. Assistant Editors:Kimberly Fink, Melissa Hornyak, Julie Kretzschmer, Tedd Nesbit, Jonna Skyles, Inge Stevens, Kevin Stoops. Managing Associate Editors: Gary Gensch, Lindsey Robbins. SeniorAssociate Editors: Jennifer Brant, Heather Gray Bruce, Dominic Hamden, Susan Fox-Jacobsen, Stephen A. Laucella, Sean Logsdon, Steven Mann, Marc May, Kriston Neely, KarenPatrick, Tracey Reyna, Juliana Sabatini, Jeremy Trapp, Joseph Yaksich, Majed Zeineddine. Associate Editors: Jason Cieslik, Melina Cleary, Ericka Domarew, Gary Huggins, ShannonNicole Price, Paul Vargas.

school newsLaw JournalThe Thomas M. Cooley Journal of Practical and Clinical LawLAW JOURNAL: Front row: Nadia Lesscot, Rehanna Rasool, NatashaPreston Back Row: Rogelio M. Chapa, Majed Zeineddine, SammuelHenderson. Not Pictured Jodi Copenhaver (Editor in Chief) and FelinaVaughn (Business editor).D.S.A.Distinguished Student AwardAlumni Association Vice President Charles Toy Grants the DistinguishedStudent Award for the Harry S. Toy Class.LAW JOURNAL: Front row, from left: Syntoria Spencer, Brian Lancial, Shane Waller, DebbieJones, Sonia Pineda, and Minah Cho. Back Row, from Left: John Frame II, Treneeka Cusack,Rose Billeci, Sharelle Lacey, Shital Bhakta, and Ammie Rouse. Not Pictured: Jerome Davis, LisaLanxton, Caryl Williams, Nicole Fox, Zakyia Jackson, Rhonda Allen, Robert Ost, and Jaunita Woods.The faculty, staff and student body of the Thomas M.Cooley Law School gathered in the auditorium on Friday,July 25 for the Honors Convocation of Trinity Term 2003.Alumni Association Vice President Charles Toy of the 1981Kavanagh Class was on hand to grant the DistinguishedStudent Award to Kelly McDoniel of the graduating HarryS. Toy Class.The nine students nominated for the Distinguished StudentAward furnished a variety of information, includingresumes and letters of reference that were reviewed by theExecutive Committee. Nominees were also personallyinterviewed as part of the selection process. Members ofeach graduating class are evaluated on the criteria ofcharacter, academic accomplishment, leadership andextracurricular activities in the decision to grant theDistinguished Student Award.Kelly McDoniel will sit for the February 2004 MichiganBar Examination and the July 2004 California BarExamination. Her primary areas of interest are CriminalLaw, Litigation, and Medical Malpractice. Ms. McDoniel isseeking an initial position with a large law firm.Alternatively, she may seek employment as a prosecutingattorney. Eventually, Ms. McDoniel aspires to find a positionin legal public service and hopes to work with theSouthern Poverty Law Center.The Alumni Association is proud and pleased to giverecognition to this outstanding member of the Toy Classand extends its best wishes for her continuing success.

school newsGraduationHIGHLIGHTSSmith ClassMembers of the Otis M. SmithClass received their juris doctordegrees May 17, 2003.The Hon. Robert Young Jr., Justice of the MichiganSupreme Court, gave the commencement address.LuAnn Kohler gave the valedictory address.Shawna Lee Stevens graduated summa cum laude andearned the James E. Burns Memorial Award. Ari Karpfearned the President’s Achievement Award. Summa statusis awarded to the graduate with the highest cumulativegrade point average in the class. The President’sAchievement Award is given to the graduate who hasachieved the biggest increase between his or her freshmanindex and graduating GPA.Professor Philip Prygoski won the Stanley E. BeattieTeaching Award, an honor voted upon by the graduatingclass.Above left: The Hon. Robert Young Jr., Justice of the Michigan Supreme Court,gives the commencement address for the Otis M. Smith Class. Above right,Professor Phil Prygoski accepts the Beattie Award for Excellence in Teaching.Below, Cooley President Don LeDuc, with President’s Achievement Award winnerAri Karpf and Summa and James E. Burns Memorial Award winner ShawnaStevens. At bottom, Graduation marshal J. Kevin Wright gets the diplomas inorder while fellow marshal Jule McReynolds (background) works on another aspectof graduation preparation.TopLeadershipAwardWinnerDanalee ElieandAssociateDean ofEnrollmentand StudentServicesPaul ZelenskiBottomDistinguishedStudentAwardWinner KellyMcDonieland AlumniAssociateVicePresidentCharles S.Toy

GraduatesSmith ClassLesley Turmelle AbbottGil Orlando Acevedo,WITH DISTINCTIONTynika A. Adams, CUM LAUDELisa Lyna AdcockDawnWin Howard AllenMark David Altenhof, CUM LAUDE,DISTINGUISHED STUDENT AWARDHelen AmarantosNakea Joyelle AndersonAllan Barnabus ArchieJeffrey Atkin, MAGNA CUM LAUDEHlaselan BaloyiBrian BatesDeana BeardCollene A. BeattyKristina Marie BellDiana Lynn BenningtonMichael BlumenoAnthony J. Bonomo, WITH DISTINCTIONAaron M. Boone, MAGNA CUM LAUDERichard James Bowers, JrCraig BoyceDorothy Elizabeth BrianSandy Nadeen Brown, LEADERSHIPACHIEVEMENT AWARDTimothy P. BrownWillie H. Brunson, LEADERSHIPACHIEVEMENT AWARDAnna Rowena CabralLorne Ladd Carignan, MAGNA CUM LAUDEScott Michael CarringtonAmy Lynn ChaitoffRichard Francis Cipriano, IIIVeNita Beatrice ConwayRose A. Coonen, MAGNA CUM LAUDEClayton Douglas CrooksColleen Elizabeth CruffMegan Tawanda CrumpElizabeth Emmely CsokaJeffrey Lee CunninghamMichelle Reneé DunhamLibby Pearl DunnSusan Lynn Durian, CUM LAUDEHenry Derrick Etheridge, CUM LAUDEMaher Alex FakhouriJodie Marie FallonDaniel FinwallTiffany Marie FoskeyMatthew Roberson Monroe FowlerGlenn Phillip FranklinBen K. FrimpongLáKeisha Tennille GanttJeffrey Richard GarciaRuben GarciaKiflom GebremariamMichael Keith Gendill, CUM LAUDETynisha C. GibbsAnne N. GithaeTimothy George Glass, CUM LAUDEJessie Juan GlennJohn F. GoldenPaul Rowland Graff, CUM LAUDEVijay K. Gupta, Jr.Zead HaddadTerrance A. Hall, JrGeorgette HamboussiCory A. Hamel, CUM LAUDEKarim Alnoor Hassanali HamirLeah M. HardwickBrian J. HarrantLisa R. Harris, CUM LAUDEJulie M. HarrisonCraig D. HarterBradley Scott Heffner, CUM LAUDEStacy Treber HendersonKristen S. HenningerWilliam Michael HintonSylvia HouseLaurie Anne Hrydziuszko, CUM LAUDE,LEADERSHIP ACHIEVEMENT AWARDAndrew Michael Jason, CUM LAUDEFelicia O. Johnson, CUM LAUDEGerald D. JohnsonHeidi Lee Johnson, CUM LAUDEAri Risson Karpf, MAGNA CUM LAUDE,PRESIDENT’S ACHIEVEMENT AWARDEthan KempAaron Brett Kendal, MAGNA CUM LAUDELuAnn Marie Kohler, LEADERSHIPACHIEVEMENT AWARDJames M. LaBiancaBenjamin C. LandauElias G. LatoufMarc Philip Lawrence, WITH DISTINCTIONDavid William LeavellDirk O. LeGate, CUM LAUDETerri L. LesterBernadette Marie LetzringAleksandra LjubisavljevicRafia Rashid LodhiHeather Anne MacKinnonRichard A. MadrilVernon Lonneil MannGeorge H. MargetasRobert G. Mathis Jr., CUM LAUDEPeter P. McFaddenCarmen Lenora McKean, CUM LAUDEFrank Carlyle McLaughlin,MAGNA CUM LAUDEPaul Joseph McMahonCesar A. MillanJanet K. MillerHarriet Rennie Miller-Brown,MAGNA CUM LAUDERobert A. Mills, CUM LAUDERobert P. MillsKeith L. Morris, MAGNA CUM LAUDECarrie L. NapoleonJulie Marie NashMatthew Lee NebekerRhonda M. NorthKimberly E. NortonGabriel Chukwuemeka O. Nwugwo,WITH DISTINCTIONJoseph John O’DonnellJennifer Therese Olson, MAGNA CUM LAUDEWilliam Ward OltermanDionne Antoinette OsborneKerry Anne PaceWyatt James PalmerAmy Marie Patterson, MAGNA CUM LAUDETodd R. PerkinsSean PhinneyNicole Tracey PrestinMark Allen PuthoffMendy ReadUrenia L. Ricks, CUM LAUDELisa M. RitchieAmanda Marie RobertsScot R. RobinsonAmanda M. Robledo, CUM LAUDESusan Lynn RootBernadine Hunt SaxeJay M. SchwandtJoel B. SchwartzMichael T. SemeniukDina ShenkerJennifer Hinson Shephard, CUM LAUDEKerri Ann SmithTorrey D. SmithYolanda Michele Smith-WilliamsBahram SoleymaniTyonia Denise SolomonHamid Reza SoltaniDonald Edward Sommerfeld Jr., CUM LAUDENancy SpearmanMary Kathleen SpellmanEddie L. SpencerShaaleen L. SpjuteShawna Leigh Stevens,SUMMA CUM LAUDE,PRESIDENT’S ACHIEVEMENT AWARDNicol Lacinda StewartJason Patrick StoffelKatherine Elizabeth StorchRobert Lee Stratton, IIIMichael J. Szappan, CUM LAUDEJennifer Lynn ThompsonJeffery Dale Thornburg, CUM LAUDEJohn Wayne ThorntonDemond Tibbs, WITH DISTINCTIONShannon Elena TolbertMichele A. Toler, CUM LAUDEAmy Towle, CUM LAUDEJoeie Elizabeth TrachtBrian Turley, CUM LAUDEPaschal E.C. UkpabiMichael Evan UnderwoodDawn Renee Van DusenAbelardo R. VillescazAdam Charles VirantAlexander Jude VirgilDoris M. Dozier WaltersSaundra Louise WhiteVeronica J. WhiteDanielle Renee WilcoxJulie L. WilliamsPatricia Ann Wilson, CUM LAUDE,LEADERSHIP ACHIEVEMENT AWARDDaniel J. WoodNikki S. WrightReza YazdianPatricia Sandra ZangrilliHerbert Zimmerman

school newsFaculty BriefsGary Bauer, AssociateProfessorPublished, an article“Addressing the Needs ofSolo/Small Firm Practitionersthrough Law School BasedPrograms to Reduce Stress inPractice – SeveralApproaches.” Vol. 6, Issue 12003, Thomas Cooley Journal of Practical andClinical Law.Presented, to the Association of American LawSchools, a workshop on Clinical Legal Education2003, May. The title of the presentation was“Teaching “Good” Lawyering throughObservation of “Bad” Lawyering.”David C. Berry,Associate ProfessorAttended, a conference inAtlanta, Ga., hosted by theAmerican Intellectual PropertyLaw Association (AIPLA) atthe 2003 Spring Meeting,May 14-16, 2003.Delivered, a paper, entitled“Searching and Reporting on Patentability,” atthe AIPLA Annual Patent Prosecution BasicTraining Seminar, Aug. 21, 2002, inArlington, Va.Admitted, to the Michigan Bar, in June.Lynn S. Branham,Associate DeanAttended, a conference,“Prison Reform Revisited: TheUnfinished Agenda,” Oct.16 –18, 2003, at Pace LawSchool, in White Plains, N.Y.Spoke, “Prison LitigationReform Act Update,” at theWorkshop on Section 1983 Litigation for Districtand Magistrate Judges" Aug. 1, 2003, inBoston, Mass.Ron Bretz, ProfessorSpoke, on “Current Issues inSearch & Seizure Law,” at theCriminal Law in the Sun, inTucson, Ariz., April 2003.Spoke, on “Criminal LawUpdate,” at the MichiganJudges Association Meeting,at Mackinac Island, Mich.,August 2003.Spoke, on “Understanding DNA Evidence: TheLaw,” at the Michigan Appellate AssignedCounsel System Criminal Appellate PracticeSeminar, in Grand Rapids, Mich., Sept. 5, 2003;in Lansing, Mich. on Sept. 12, 2003; and inNovi, Mich., on Sept. 24, 2003.Spoke, on “Order vs. Liberty,” at the ThomasM. Cooley Law Review Symposium, in Lansing,Mich., September 2003.Kathleen Butler,Associate ProfessorAuthored, an article,“Shared Responsibility: TheDuty to Legal Externs,”published in the October issueof the West Virginia UniversityLaw Review.Charles P. Cercone,Professor and AssociateDeanPublished, an article, “TheWar Against Work ProductAbuse,” in the Pittsburgh LawReview Vol. 64 Fall 2003.Appointed, Associate Deanof Faculty, by President DonLeDuc.Mark Cooney, AssistantProfessorElected, by unanimous ballotas the 2003-2004 Chair-Electof the State Bar of Michigan’sAppellate Practice Section.Moderated, a seminarentitled, “Sixth Court Appealsfor Michigan Lawyers —From Basics to Best Practices.” The panel ofspeakers included Sixth Circuit Judge James L.Ryan and Eastern District Judge Arthur J.Tarnow, as well as representatives of the SixthCircuit’s Clerk’s office and prominent appellatepractitioners.Argued and briefed, successfully, MichiganSupreme Court case Rednour v. Hastings MutualIns. Co., 468 Mich. 241, 661 N.W.2d 562(2003).Pat Corbett, AssociateProfessorPresented, “Safety on theInternet,” at CentralElementary School, inOkemos, Mich., May 2003Attended, a presentation on“Snag It” and “Camtasia,” atMichigan High Tech CrimesInvestigation Association, in Lansing, Mich.,May 2003.Presented, “Overview of Search and Seizure”and “State Computer Crimes,”at the State ofMichigan Department of Information Technology,in Lansing, Mich., June 2003.Lectured, at the Computer Crimes Seminar, atthe University of Detroit Mercy Law School,Detroit, Mich., September 2003.Attended Presentation, on “ConductingDigital Incident Post Mortems, at the MichiganHigh Tech Crimes Investigation Association,Livonia, Mich, September 2003.BENCHMARKPresented, “Michigan Computer Crime Laws,”at the Oakland County Bar Association, State ofthe Law Day, Pontiac, Mich., September 2003.Presented, “State Cyber Crime Laws,” at theDigital Security Conference, WashtenawCommunity College, in Ann Arbor, Mich.,September 2003.Cynthia Dennis,Assistant ProfessorAttended, the 17th annualHiggins Lake Title III-B LegalService Training Oct. 14-15,2003, in Roscommon, Mich.Spoke, Oct. 13, 2003, atthe fourth annual NationalAging and the LawConference in Arlington, Va., at a roundtablediscussion about HIV discrimination in nursinghomes.Appointed, to the board of directors for theAlzheimer’s Association — Michigan GreatLakes Chapter.Mark Dotson, AssociateProfessorSpoke, on the Importance ofEducation,” at the MinorityAdvisory Panel 7th AnnualConference, Sept. 26, 2003,at Holiday Inn South, inLansing, Mich.Barry Hart Dubner,ProfessorPublished, an article “Onthe Importance of Regulatingthe International Trade ofPesticides — A Look at theCurrent Status ofConventional Wisdom (andlack thereof) on the Subject,”28 William and MaryEnvironmental Law and PolicyReview, Vol. 1 (2002/2003).Judith A. Frank,ProfessorPublished, an article, “TheHuman Legacy - Using EthicalWills to Enhance EstatePlanning,” in the Thomas M.Cooley Journal of Practicaland Clinical Law, Vol. 6,No 2.Awarded, the Stanley E. Beattie TeachingAward, from the Toy Class, September 2003.Completed, a volunteer project with theIngham County Probate Court, June-August2003.

Elliott B. Glicksman,ProfessorPresented, Evidence LawLectures at the Annual Laborand Employment LawSeminar sponsored by theICLE Troy, Mich., April 8,2003: topics includedCharacter Evidence; Proofs;After Acquired EvidencePrinciples; and Sexual Abuse Rules As TheyRelate to Sexual Harassment Cases.Delivered, a series of Evidence lectures inConcord, N.H., a National Judicial Collegesponsored seminar. The topics included: TheHearsay Rule; Child Witness Testimony andRelevance Standards as they relate to SexAbuse Cases.Awarded, the 15 Year Award by the JudicialCollege for his dedicated service to judicialeducation as a faculty member of the NationalJudicial College.Joseph Kimble,ProfessorBegins, a three-year term asPresident of Clarity inJanuary 2004. Clarity is aninternational plain-languageassociation with members inmore that 25 countries.Professor Kimble has beenthe membership secretarysince 2000; in effect, Clarity has beenadministered at Thomas Cooley Law Schoolsince then.Presented, a seminar for the Commissioners ofthe Michigan Supreme Court.Published, an article called "The Elements ofPlain Language" in the Australian Law Journal.The article originally appeared in the MichiganBar Journal.Cited, many times in three recent books on legalwriting — Plain Language for Lawyers, ModernLegal Drafting, and Legal Usage in DraftingCorporate Agreements.Continues, work on restyling the Federal Rulesof Civil Procedure, as the style consultant for theStanding Committee on Federal Rules.Joni Larson, AssistantProfessorAccepted, for publication,an article, “Tax Evidence: APrimer on the Federal Rules ofEvidence as Applied by theTax Court,” in Tax Lawyer.Authored, a book, I.R.S.National Office Practice, tobe published by CCH.Don LeDuc, Presidentand DeanPublished, an article,“Leadership,” in the ToledoLaw Review.Helen Mickens,Professor and AssociateDeanTaught, judges from aroundthe country at the NationalJudicial College, Reno, Nev.,in a course on DecisionMaking.John P. Rooney,ProfessorAttended, the Law &Society Association Meeting,on June 5-8 2003 inPittsburgh, Penn.Marjorie Russell,ProfessorTaught, a graduate courseat the Trial Lawyers College,Dubois, N.Y., August 16-22on the use of psychodramaticmethods in trial preparationand trial.Taught, a course on trialskills instruction in smallgroup settings for theCriminal Defense Attorneys ofMichigan (CDAM).Serving, on the faculty ofCDAM’s fall conference on Advanced CriminalDefense Practice, Traverse City, Mich., Oct. 23-25. The subjects are closing argument and directexamination.Serving, as Honorary Judge for Lansing TeenCourt, September – October, 2003.Chris A. Shafer,Associate ProfessorSpoke, on the “Modern DayDavid vs. Goliath: MCWC v.Nestle Waters,” at theThomas Cooley DistinguishedBrief Awards Dinner on Aug.2, 2003 at the Country Clubof Lansing.Served, as co-counsel for the plaintiffs inMichigan Citizens for Water Conservation v.Nestle Waters, a lawsuit seeking to enjoin the IceMountain groundwater diversion project inMecosta County, Mich. This litigation became theprimary project of his sabbatical in the TrinityTerm and involved participation in 23 days oftrial in May, June, and July 2003, co-authoringa 97-page post-trial brief and participating in aday-long oral argument on Sept. 9, 2003. Adecision is expected from the Hon. Judge Rootthis fall.Norman OttoStockmeyer,Senior ProfessorPublished, an article,“Damages for Breach ofContract: Measurement andLimitations,” in the October2003 issue of the MichiganBar Journal.Published, an article, “Link Between CourseWebsite and Law School Grades,” in theSeptember/October issue of Michigan ComputerLawyer.BENCHMARKElected, President-Elect of Scribes, TheAmerican Society of Writers in Legal Subjects, atthe society’s annual meeting in San Francisco.Scribes is a national association of lawyers,judges, law professors, and legal editorsinterested in promoting good legal writing.Listed, among Cooley’s “Top Five Professors” ina student survey published in The Pillar (July 7,2003 edition).Amy Timmer, Professorand Associate DeanSpoke, on “Professionalism inLaw School,” at the WindsorSchool of Law Faculty Retreat,in Bayfield Ontario, May2003.Joan P. Vestrand,Associate ProfessorPublished, an article,“Avoiding Grievances andMalpractice,” in the State Barof Michigan Law PracticeManagement SectionNewsletter, Spring 2003.Published, an article, “ALawyer’s Guide to AvoidingGrievances and Malpractice,”in Laches magazine, Oakland County BarAssociation, June 2003.Published, numerous articles for the Law DayConference, which consisted of “Planning Aheadto Avoid Legal Malpractice,” “14 Tips forAvoiding Grievances and Malpractice,” “So YouHave Received a Grievance – Now What?,”“Responding to a Grievance,” “The DisciplineProcess,” “Conflicts of Interest,” “Solos Must BePrepared for Sudden Disability,” “RevealingConfidences and Secrets of a Client,” and “TheDuty to Supervise-Ethical Challenges FacingSupervisory Lawyers.”Spoke, on the topic of Legal Ethics at the Stateof the Law Day Conference, Sept. 18, 2003.Appointed, Chair Elect of the Council for theState Bar of Michigan Law Practice Managementsection.Inducted, as a Fellow of theMichigan State BarFoundation, August 2003.William Wagner,Associate Professor &Director – Center forEthics & ResponsibilitySpoke, on “Foundations forConstitutional Democracy—Choosing Your Worldview,” at the StudentStatesmanship Institute annual conference,July 10, 2003, in Lansing, Mich.Established, the Liberian Law Institute at theCooley Law School, February 2003.Launched, along with Professor Peter Kempel,the Center for Ethics and ResponsibilityProfessionalism Library, Sept. 11, 2003.Participated, in a symposium at the CooleyLaw School on the Exclusionary Rule and JudicialIntegrity, July 18, 2003.Participated, in a national symposium at theCooley Law School on Order vs. Liberty: EthicalIssues facing Lawyers in an Uncertain World.

29from the AlumniLetterPresidentBy M. Carol Bambery, Past PresidentGreetings!We certainly can’t say nothing ever changes at our law school! And quite frankly, when I heard about our new GrandRapids campus my thoughts were divided. On one hand I thought, do we need it? On the other hand, I was proud.But when my oldest daughter, Emma, who lives in Grand Rapids, called me this week and told me she was startingCooley in Grand Rapids this January, I knew that we needed that Grand Rapids campus! Thank you, President LeDucand Dean Jim Robb, and others who made our expansion both at Grand Rapids and at Oakland University a reality.The annual golf outing is July 10, 2004 at the Wheatfield Valley Golf Course. This is the Alumni Association’s largestfundraiser. We made $7,587.48 in 2003. All proceeds from the golf outing go into the Alumni Memorial ScholarshipFund. If you play golf or just want to hang around with us a bit, come out for the event.Charles Toy was elected your new president at the Board of Governor’s annual meeting on October 18th. He is agraduate from Oakland University and has an active private practice in Lansing. He will serve you well.Finally, in this my last column, I’d like to give a big thanks to a friend of all of ours, Darryl Parsell, Cooley’s AlumniDirector. What a wonderful resource he is for our alumni. Thank you, Darryl, for your guidance and leadership of ourassociation.M. Carol Bambery

THE THOMAS M. COOLEY LAW SCHOOLCooleyLaw SchoolNow offers LL.M. Degrees inTaxation and Intellectual Propertyat its Oakland University Campus.Specializing in a field of law canfocus and heighten your skills inthe legal career of your choice.Find out more aboutCooley’s Master of Lawsprograms at our OaklandUniversity campus by visitingthe Cooley Law School Website at www.cooley.edu.Click on graduate programs.Classes enter in September and January.Contact us at LLM@cooley.edu

31New LL.M. ProgramKicks Off at Cooley’sRochester/OUCampusCooley Law School started classes in its new Master ofLaws (LL.M.) program Michaelmas Term 2003. Cooleyoffers courses leading to the LL.M. degree in the fieldsof Taxation and Intellectual Property. Each 26-credithour program is offered at Cooley’s satellite campus atOakland University in Rochester, Mich. The LL.M. programhas been evaluated and received accreditation fromthe Higher Learning Commission of the North CentralAssociation of Colleges and Schools and acquiescencefrom the ABA.The LL.M. can be earned in one calendar year by a fulltimestudent or up to five years by attending part-time. Atotal of 26 credit hours of required and elective coursesand a 3.0 cumulative grade point average are needed tocomplete the academic requirements. Students begin inJanuary and September but can attend classes yeararound.Cooley’s graduate programs are headed by William P.Weiner, Associate Dean for International, Graduate, andExtended Programs. According to Dean Weiner, who hasa Master of Laws degree from Cambridge University inCambridge, England, “graduate legal education representsthe ultimate specialization for a lawyer. The concentrationof study in a single area prepares lawyers for practiceunlike any other educational experience. Also, taxationand intellectual property are dynamic areas of the lawsubject to constant change. Advanced legal study in thoseareas provides both recent graduates and practitionerswith a competitive advantage in the job market.”Why obtain an LL.M. from Cooley? First, the two degreeprograms are located in Oakland County, in the heart ofinternational business, industry, and technology. Second,the credentials of the academic directors, faculty, andadjunct faculty are superb.The director of the Intellectual Property LL.M. is ProfessorGerald Tschura, who came to Cooley after serving asDivisional Vice President–Intellectual Property Law forKmart Corp. He managed and supervised all domesticand international intellectual property matters for theKmart Corporation and specialty retailing subsidiaries.Prior to Kmart, Professor Tschura was in business and privatepractice. The assistant director of the IP Program isProfessor David Berry. Before joining the Cooley faculty,Professor Berry was a partner in the Boston, Mass., lawfirm of Testa, Hurwitz & Thibeault, LLP, a 400-plus attorneyfirm with a national practice in venture capital and technologylaw. In private practice, he represented companiesin patent and license disputes.The director of the Tax LL.M. is Professor Gina M. Torielli,who comes to Cooley from Howard & Howard Attorneys,P.C., where she was prominent in the tax field. ProfessorTorielli just completed a five-year term as president andCEO of Howard & Howard, the first woman president of amajor Michigan law firm. The assistant director of the TaxLL.M., Professor Stuart Lazar, also brings outstanding credentialsto the graduate tax program. From 1997 until hejoined Cooley, Professor Lazar was a partner with the firmof Edwards & Angell, LLP, in Providence and Boston,where his practice focused on all phases of corporate,partnership, and individual tax planning.Before joining Edwards & Angell, Professor Lazar practicedtax law with Skadden, Arps, Slate, Meagher & Flom,LLP in New York City, and during that time earned hisLL.M. in Taxation from New York University School of Lawin 1996. He taught Corporate Taxation and CorporateReorganizations as a lecturer of law in the BostonUniversity School of Law Graduate Tax Program for nearlysix years.To obtain more information about the LL.M. program, goto Cooley’s Web site at www.cooley.edu and click on thelink Graduate Programs or e-mail the LL.M. Programdirectly at LLM@cooley.edu. You can also contact the LL.M.program through the Office of International, Graduate,and Extended Programs by telephone at (517) 371-5140,ext. 2849. We are accepting applications for the Januaryand September 2004 classes.BENCHMARK

alumni matters 32 Trinity Term 2003alumninewsAlumni Enjoy Annual ReceptionDuring the Michigan Bar Association’sMeetingThe 68th annual meeting of the State Bar of Michigan tookplace in Lansing, Sept. 11-12, at the Lansing ConventionCenter. Ninety-five graduates, faculty, staff, and friends gatheredfor Thomas M. Cooley Law School’s Alumni Reception inthe lobby of the Cooley Center from 7- 9:30 p.m. on Sept. 11.Associate Dean Jim Robb greeted the guests and served asmaster of ceremonies. He is responsible for Cooley’s developmentinitiatives and is the law school’s general counsel. DeanRobb spoke to the alumni group about the ways that they cansupport the law school and described plans for the future,including the completion of the courtrooms in the CooleyCenter. He also introduced Cooley’s Dean and President DonLeDuc, founder and President Emeritus Thomas E. Brennan,and Polly Brennan. Other dignitaries present included JusticeElizabeth Weaver, Court of Appeals Judge and Cooley Boardmember Jane Markey (Dethmers Class, 1981), District CourtJudge and Board Member Thomas E. Brennan Jr. (MarstonClass, 1978), and former Municipal Court Judge JosephImpastato. Then, William Wagner, the Director of the Centerfor Ethics & Responsibility, described that program and led atour of the center’s new Professionalism Library on the eighthfloor of the Cooley Center.This year’s guests socialized with Associate Deans CharlesCercone, Charles Mickens, Helen Mickens (Bushnell Class,1980), Duane Strojny, and Bill Weiner. Faculty members JoshArd (Kuhn Class, 1995), Gary Bauer (Green Class, 1988),Terry Cavanaugh, David Cotter (Cooley Class, 1976), ElliotGlicksman, Eileen Kavanagh, Peter Kempel, Joe Kimble,Charles Palmer, Ernie Phillips, Otto Stockmeyer, EvelynTombers (Lawrence Class, 1991), Joan Vestrand, and NancyWonch (Kelly Class, 1978) also mixed with the alumni.Alumni Office staff members Deb Hirsch (Sherwood Class,1986), Barb Kowalk, and Darryl Parsell (Wiest Class, 1979)made the alumni feel welcome. Joining them were AlumniExecutive Committee Past President Virginia P. Allen (WingClass, 1982) and At-Large Members Aletha Honsowitz(Witherell Class, 1990) and Diane Britt (Chandler Class, 1983).The alumni guests included Goldie Adele (Patterson Class,2002), Cherie Beck (Flannigan Class, 1999), Fred Bell (BrookeClass, 1982), Curt Benson (Mundy Class, 1986), Larry Betz(Clark Class, 1979), Barry Brickner (Campbell Class, 1976),Brian Bridson (T. Smith Class, 1985), Doug Chalgian (StoneClass, 1996), Hugh Clarke, Jr. (Wiest Class, 1979), Ed Cook(Morell Class, 1985), Elizabeth Csoka (O. Smith Class, 2003),Robert Fleming (Turner Class, 1991), Brien Fortino (SherwoodClass, 1986), Stephen Gatto (Person Class, 1994), LauraGraham (Cushing Class, 2000), Phyllis GroenewoudBENCHMARK(Christiancy Class, 1977), Gerard Haddad (Weadock Class,1999), Steve Howard (Blair, Jr. Class, 2001), Bruce Hunting(Dethmers Class, 1981), Rhonda Ives (Sharpe Class, 1998),Andrew Jason (O. Smith Class, 2003), Lewis Langham (Blair,Jr. Class, 2001), Cynthia Law (Bird Class, 1995), GeorgeLenard (McAlvay Class, 1984), David Machado (Fead Class,1999), Susan Mallory (Wiest Class, 1979), Gary McEntee(Sharpe Class, 1998), Scott Mertins (Rutledge Class, 2000),Linda Mohoney-Rhodus (Long Class, 1981), Linda Mullins(Snow Class, 1998), Billie Jo O’Berry (Manning Class, 1984),Jolina O’Berry Machado (Chase Class, 2002), CandacePerson (E. Wilson Class, 1990), Tom Rombach (Morse Class,1987), Rashmi Saini (Cushing Class, 2000), Rhonda Sanders(J. Wilson Class, 2001), Theresa Schurman (Blair, Jr. Class,2001), L’Mell Smith (Butzel Class, 1979), Katherine Talbot(Kuhn Class, 1995), Ardena Walsh (Dethmers Class, 1981),and Pamela Wynn-Quada (Stone Class, 1996).Florida Alumni Association Hosts aState-wide Series of EventsAs you can imagine, it is difficult to schedule one event thatall of Cooley’s 588 Florida graduates can attend. As the stateis about 400 miles long and 300 miles wide, no single locationis convenient for everyone. That is why the FloridaAlumni Association’s Executive Committee came up with aclever plan. They organized a series of alumni events acrossthe state that took place at the same time. The FloridaExecutive Committee is comprised of President Mo ElDeiry ofFort Lauderdale (Black Class, 1996), Vice President LaraEdelstein of Boca Raton (Steere Class, 1996), SecretaryCynthia Arevalo of Hollywood (Snow Class, 1998), andTreasurer Peter J. Frommer of Miami (Adams Class, 1997).The event was called the Cooley Alumni Night Out and washeld on Thursday, September 4, from 6 to 8 p.m. LaraEdelstein deserves special recognition for her leadership. Inaddition, the following alumni also were vitally important tothe success of the event. Michelle Reddin (Flannigan Class,1999) in Orlando, Sandi Milmed (Sharpe Class, 1998) inTampa, Scott Devore (Stone Class, 1996) in West PalmBeach, Kimberly Colgate (Butzel Class, 1979) in Sarasota,Lorna Scharlacken (Black Class, 1996) in Naples, LaraEdelstein in Boca Raton, Christine Harter (Lawrence Class,1997) in Ocala, and Maritza Betancourt (Rutledge Class,2000) in Miami all volunteered to serve as hosts.Associate Dean Jim Robb traveled to Florida to join the BocaRaton group and enjoyed meeting with a large group ofalumni there and answering their questions about currentactivities at the law school. Florida Alumni President El Deiryplans to continue to organize such alumni events, includinggolf outings. For additional information, he invites all Floridaalumni to call him at (954) 527-5222.

alumni mattersalumninews33Grads Jacqueline George andDale Malewska Make SignificantContributions to CooleyJacqueline George (Campbell Class, 1976) and Dale Malewska(McAlvay Class, 1984) recently gave generous donations toThomas M. Cooley Law School. Their support is greatly appreciatedand demonstrates the variety of ways that alumni can helptheir alma mater.Ms. George resides in Plymouth, Mich. Some years ago, shepurchased a life insurance policy and made Cooley Law Schoolthe beneficiary. Then Ms. George continued to make the annualpremium payments. This year, she transferred ownership of thepolicy to the law school. Cooley cashed out the policy and realizeda contribution of nearly $30,000 to its general fund.Unrestricted donations of this nature are especially valuable, asthey allow the law school to apply the financial support to theareas where the need is greatest.Life insurance is an excellent vehicle for makinga charitable contribution to the lawschool. If Cooley is the owner and the beneficiaryof the policy, the annual premiums youmake are tax deductible. Alternatively, if youown a paid-up life insurance policy that is nolonger needed, please consider naming thelaw school as the owner and beneficiary.Then you can take a charitable deductionapproximately equal to the cash value at thetime of the gift to Cooley. Check with your lifeinsurance agent for details on the proper forms to complete.Life insuranceis an excellentvehicle formakingcharitablecontribution tothe law school.Mr. Malewska lives in the Lansing area. He chose to follow adifferent route to support Cooley Law School: an endowedscholarship fund. Mr. Malewska had been a journalist beforestudying law. His father-in-law, Robert Wissmuller, had been inthe newspaper business during his life, and Mr. Malewskawanted to find a way to help law students and to memorializeMr. Wissmuller in perpetuity. He decided to found the DaleMalewska/Robert Wissmuller Fund Scholarship. This scholarshipis granted annually, giving preference to current Cooleystudents who serve as writers and managers on the Pillar studentnewspaper.Mr. Malewska made a gift of $10,000 in cash to make it possiblefor the first grant of the scholarship to be made inMichaelmas Term 2003. He then plans to make additional contributions,including a gift through his will. That way, the DaleMalewska/Robert Wissmuller Fund Scholarship will grow overthe years, through these additional contributions, as well asfrom the accrual of the interest on the initial gift.Gifts of cash allow immediate charitable deductions for the2003 tax year. If you itemize, cash gifts can be fullydeductible for federal income tax purposes for up to 50 percentof your adjusted gross income. Federal estate taxes arealso a consideration in your long-term planning. Charitablebequests can help you save estate tax dollars while givingmuch appreciated support to Cooley students with financialneed. Scholarship fund support can also serve as a way toencourage those students who share your professional interestsand experiences. Please contact Associate Dean ofDevelopment James Robb at robbj@cooley.edu, or call (800)243-ALUM for more information regarding how you canfollow the example of graduates Jacqueline George and DaleMalewska in their support of Cooley Law School.Admission Ceremony for February2003 Michigan Bar Examinees Hostedby CooleySuccessful examinees of the February 2003 Michigan BarExamination were admitted as new attorneys at a ceremonyheld on Monday, May 12, in the Thomas M. Cooley LawSchool’s Auditorium. Faculty, family, and friends were able toshare the moment when these candidates became members ofthe State Bar of Michigan and later socialized at a receptionheld by the school in the Red Room following the ceremony.The program was provided with the assistance of the InghamCounty Clerk’s Office and the Ingham County BarAssociation. Cooley’s Assistant Dean of Faculty CharlesCercone welcomed the admittees and their guests on behalfof the school and as host of the event. Shauna Dunnings,President of the Ingham County Bar Association, was responsiblefor convening of the court while the Hon. David L.Jordon, Judge of the 54-B Judicial District Court, granted themotions to admit the new attorneys.Many of the admittees were graduates of Cooley Law School.Ten new attorneys entered the legal profession at the ceremony,with eight of them being Cooley alumni. The Cooleygraduates in the group were Robert Andretz (Swainson Class,2003), Michael Baldwin (Chase Class, 2002), Lloyd GrandyII (Chase Class, 2002), David Holmes (Paterson Class, 2002),Heather Horwath (Swainson Class, 2003), David Tarrien(Chase Class, 2002), Greg Thatcher (Swainson Class, 2003),and Judith Varga (Swainson Class, 2003).It was a great honor for the faculty and staff of Cooley LawSchool to share this joyous event with these new attorneysand their guests. Congratulations and good luck in thepractice of law!BENCHMARK

classnotesThe Benchmark encourages all graduates to contribute information to theClass Notes. Please include graduating class name and year when submittingyour information. We encourage information about your law practiceand other accomplishments in the legal profession. The Benchmark has apolicy of not printing bar passage information.1976 Cooley ClassSutton, Jerry G., the owner of Sutton Advisors,PLC, in Lansing, Mich., has been awarded theAccredited Investment Fiduciary AuditorDesignation from the Center for Fiduciary Studies,a nationally recognized training organization forfiduciaries. He has been a practicing attorneysince 1976 in areas of estate and business planning.He is a certified financial planner and holdsthe designation of Certified InvestmentManagement Consultant.Campbell ClassJordan, Stephen H., of Rothman Gordon,P.C., in Pittsburgh, Penn., has been named to the2003-2004 edition of Chambers USA Guide tothe Legal Profession. He received his B.S. fromEastern Michigan University in 1971.1977 Felch ClassJohnson, Byron, J., of Access BusinessGroup, LLC, has been elected Chairman of theCouncil for Responsible Nutrition. He will hold thetitles of Chairman of the CRN Board of Directorsand Chairman of the CRN Executive Committee.He is an active leader in the dietary supplementindustry and most recently served as the CRNChair-elect for 2000-2002. He was first electedas an officer to the CRN Board as treasurer in1998.Porteous, Dave, was elected Chairman of theBoard of Trustees of Michigan State University.1978 Marston ClassCharney, Elaine Hiscoe, has relocated fromWashington, D.C., to Ft. Myers, Fla., to accept theposition of Assistant Federal Security Director forthe Transportation Security Administration, withinthe Homeland Security Department for SouthwestInternational Airport.1979 Butzel ClassFarran, William Richard, passed away July20, 2003. He is survived by his loving wife of 19years, Jill Farran nee Rozelle; his children Allisonand Christopher; his parents, Richard andCarmen Farran; sisters, Leslie (David) Sukup, andCheryl (Mark) Petrie; twin brother, Nick (Colleen)Farran; brother, Richard (Pam); several aunts,uncles, nieces, nephews, cousins, dear friends,and his friends at Mueller, Myers and Farran P.C.where he enjoyed practicing law for over 20years.1980 Potter ClassMead, Irene M., has joined the firm ofHonigman Miller Schwartz & Cohn, LLP as apartner with the Regulatory Department in theLansing office. She specializes in advising andrepresenting clients on liquor control issues. Shefocuses on liquor license transfers and liquor lawviolation issues. She is also a nationally recognizedexpert on alcohol direct shipping matters.Whitsitt, Shirley, was appointed managingattorney and director of the Highland Park officeof the Legal Aid and Defender Association, Inc.She is responsible for civil legal services providedto low-income clients by a staff of eight attorneysand support personnel. She was senior attorneyand supervisor in the Florida Department ofHealth before returning to Michigan.Bushnell ClassHeugel, John C., Partner, Liebman, Conway,Olejniczak & Jerry S.C., Green Bay Wisc., is acontributor to AGC Contract DocumentsHandbook by Aspen Publishers, N.Y. The book isan authoratative guide to contract documents forattorney, owners, contractors, subcontractors,designers, construction managers, and educators.He is a past chairman of the Wisconsin BarAssociation Construction and Public Contracts LawSection, and is a member of the InternationalAssociation of Defense Counsel Construction Lawand Litigation Committee. He is Secretary of theThomas M. Cooley Law School WisconsinAlummni Association. (920) 437-0476 E-mail:jch@lcojlaw.com1981 Kavanaugh ClassLawless, Janelle A., was elected judge of the30th Judicial Circuit (Ingham County) inNovember, 2002. She began serving her six-yearterm January 1, 2003 and is assigned to theFamily Division.1982 Goodwin ClassCollison, Jeffrey C., was elected SaginawCounty Bar Association President on June 12,2003.Johnson, Lolanda R., has accepted the positionof Assistant Risk Manager/CollectionAttorney for Hurley Medical Center, located inFlint, Michigan.McGraw, Patrick, J., Hon., was a programpresenter at the 43rd Probate and Estate PlanningInstitute in Traverse City, Mich., in May 2003. Histopic was “The Key Court Rules Under Epic.”BENCHMARKSmolenski, Sara, J. Hon., was awarded theDistinquished Alumni Award from Grand RapidsCommunity College for 2003 and was the commencementspeaker for the College in May 2003.1983 Chandler ClassCopeland, Anthony, has been namedAssistant Secretary for Business Development andTrade, in Raleigh, N.C. He will oversee thedepartment’s work in business development andtrade including business recruitment, existingindustry services, international trade and commercefinance. He has previously worked with BTIas an Executive VP of General Counsel andCorporate Secretary for 10 years.McQuillan, Kevin, was recently ranked 70thby Forbes Magazine’s 2003 Midas List as one oftechnology’s top 100 venture investors. He is cofounderand general partner of Focus Ventures,an expansion stage venture capital firm in PaloAlto, Calif. Kevin focuses on investments in thesoftware and communications market and has ledthe firm’s investments in Agile Software, AlteonWebsystems (Nortel), Commerce One, Com21,Copper Mountain, and Pixelworks, all of whichbecame public companies. (650) 325-7400E-mail: kevin@focusventures.com1984 Manning ClassKraft, Daniel L., founder of the Kraft Law Firm,was recently named general counsel to the GreatLakes Renewable Energy Association at 320 W.Ottawa St. Lansing, Mich. 48933. Phone: (517)485-8856; E-mail: Kraftd2@earthlink.net.1985 Mundy ClassCunningham, Janice K., of the firm ofMallory, Cunningham, Lapka & Scott, P.C., hasbeen granted a fellowship to the AmericanAcademy of Matrimonial Lawyers. She hasbecome the first attorney in the mid-Michiganarea to be named to this prestigious nationalorganization. The academy recognizes attorneysthroughout the country who have demonstratedexceptional skill and integrity in the practice offamily law.1986 Miles ClassSchumacher, Kevin V.B., has been awardedthe AV rating from Martindale-Hubbell. TheMartindale-Hubbell AV ratings results from anextensive and confidential peer and judicialreview of attorneys. The AV rating is the highestawarded and signifies that the recipiant demonstratespreeminent legal ability and the highestprofessional and ethical standards. Kevin practicesin the area of commercial law, civil litigation,and personal injury at the Glassen Rhead LawFirm. (517) 482-3800

class notes351987 Champlain ClassFox, Mark R., a shareholder of the firm ofFraser, Trebilcock, Davis & Dunlap, P.C., wasappointed legal counsel to the Granholm-CherryInaugural Committee, the Governor’s ResidenceFoundation, and the Great Lakes Great HopesScholarship Fund, by Michigan Gov. Jennifer M.Granholm. He handled the debate negotiations,debate preparation, and related matters duringthe 2002 gubernatorial compaign.Morse ClassTeter, Scott, has been appointed as the leadattorney in the new Child Support Division in theoffice of the Michigan Attorney General. He hasserved as Cass County prosecutor since 1996 andhas successfully prosecuted more than 200 felonynon-support cases.Champlin ClassMauro, James F., joined the firm of DickinsonWright, PLLC as a member. His expertise is in corporatelaw practice and advises major corporations,small businesses, and individuals on tax dispute,contract, real estate and general businessissues. He has also received an “AV” rating fromMartindale-Hubbell, the highest rating awarded toattorneys for legal ability and ethical standards.1988 Green ClassThornton, Patrick K., is a visiting Professor ofSports Law at Handong Law School in SouthKorea. He and his wife Alison recently adopted ababy from Hawaii, Samuel Marcus Thornton.1990 Witherell ClassTillman-Butler, Paula, has been recentlyappointed to Legal Division Supervisor forMuskegon County Family Court.1991 Krinock ClassHood, Donald, has his own law firm at 4615Southern, Dallas, Texas 75209, The Law Officesof Donald E. Hood, PLLC.1992 Montgomery ClassClarke, John, and his wife Suzanne Farmer(1983 Hooker Class) annouce the birth of theirsecond child, John “Jack” Andrew Clarke, bornon Aug. 22, 2002.Marie Elena Martell, has been reappointedas a lawyer member of the Attorney DisciplineBoard for the term ending Sept. 30, 2006.1994 Person ClassAbrams-Gornstein, Gail L., was married onOct. 20, 2002 and practices in New Jersey. Shespecilizes in Tax and Estate Planning. She hasthree offices, in Wayne, Red Bank, and FlorhamPark, NJ.Ostrander ClassFallstrom, Karen A., and her husband,Christopher, announce the birth of their son,Wyatt, born in January 2003.Macdonald, Timothy P., has joined the lawfirm of Brian Lavan & Associates, P.C., located inBrighton, Mich. He focuses his practice on estateplanning, trust and probate administration, realestate, corporations, limited liability companies,and consumer bankruptcy, chapters 7 & 13.1995 Steere ClassGoldberg, Scot D., on April, 20, 2001 wassuccessful in obtaining the biggest verdict in LeeCounty, Fla., with a $28 million jury verdict in aclaim regarding a motor vehicle accident.Goldenburg, Alison E. (Benis), has beenelected member of Gordon, Feinblatt, Rothman,Hoffberger & Hollander, LLC, of Baltimiore, Md.She is a member of the firm’s Litigation PracticeGroup where her practice involves business andcommercial litigation. She received anOutstanding Service Award from the ABA Sectionof Litigation for 2002-2003. She was alsoappointed as Subcommittee Chair of the ABASection of Litigation Trial Practice Committee andreappointed as Subcommittee Chair of the ABASection of Litigation Woman Advocate Committeeat the ABA’s annual meeting.(410) 576-4283E-mail: agoldenberg@gfrlaw.comGuari, Jason J., an associate with the firm ofRice & Leopold, P.A., located in West Palm Beach,Fla., annouces his marriage to Nicole M. Kasbarin March 2003. His practice focuses on personalinjury litigation with an emphasis on productliability and auto crashworthiness.Kane, Robert, and his wife announce the birthof their second son, Matthew on April 10, 2003.Matthew joins his big brother Benjamin.Kuhn ClassSelin, Todd S., of Mallory, Cunningham, Lapka& Scott, P.C., in Lansing, was re-elected by theState Bar of Michigan Family Law Section to asecond three-year term on the State Bar of FamilyLaw Council. Mr. Selin is a frequent lecturer andauthor on family law-related topics. He is activelyinvolved in American Inns of Court, RotaryInternational, and is serving his third two-yearterm on the State Bar of Michigan District ECharacter & Fitness Committee.Zotos, Andrew P., and his wife Amy L.Miller (also Kuhn Class) are proud to announcethe birth of Nicholas Andrew Zotos, onSeptember 27, 2002. Andrew Zotos is a seniorassociate at the AV rated litigation firm ofDeCicco, Gibbons & McNamara, P.C. Amy Milleris a Senior Management Consultant forMetropolitan Life’s Compliance Department.BENCHMARK1996 Stone ClassChalgian, Douglas G., was electedChairperson of the State Bar Elder Law andAdvocacy Section. He is certified as an elderlawattorney by the National Elder Law Foundation,and is a member of the National Association ofElder Law Attorneys. His practice focuses exclusivelyon probate, trusts, estate planning, andissues relating to aging and incapacity. He alsoserves on the governing council of the State BarProbate and Estate Planning Section, and is amember of the Board of Directors for theAlzheimer’s Association Great Lakes Chapter andthe Thomas M. Cooley Law School Sixty Plus, Inc.,Elderlaw Clinic. (517) 332-3800Sharpe ClassStamm-Philipps, Angela, of Jackson, Balkin& Douglas located in Lockport, N.Y., and John N.Philipps Jr. (1996, Stone Class), announce thearrival of their daughter, Julia Santina Philipps, onApril 27, 2003 in Buffalo, N.Y.Moody ClassWhite, Amy, and her husband announce thearrival of their second child, Lucas AndersonWhite, born on Dec. 22, 2002. He joins big sisterLyndsay Avery White.Harrel, Jason, joined the firm of Richard S.Calone, Inc. and in January 2002 was promotedto partner. He is specializing in all matters of taxationlaw. In August 1997, he received his LLM intaxation from Goldengate University School ofLaw. He was also recently certified by theCalifornia State Bar as a specialist in taxation.Black ClassNawash, Kamal, has been appointed actingPresident of the National Capital Area AlumniAssociation. He specializes in immigration law inhis Falls Church, Va., law practice, where he is apartner. Kamal has been quoted in recentAssociated Press articles describing the problemsof immigrants who registered under therecent federal law.1997 Voelker ClassLoTempio, Melissa A., recently joinedAndrew Hilton Attorneys in Orchard Park, N.Y.She serves as an associate attorney concentratingher practice on trust, estate, and elder law mattersincluding guardianship law and estate, tax, andMedicaid planning. Prior to joining the firm shewas employed by Citigroup Trust in Palm BeachFlorida. She is also the former Assistant AttorneyGeneral for the State of Florida (716) 662-2664.Jordan, Jerry D., of Winston-Salem, NC, hasbeen recently named General Counsel for theForsyth County Republican Party.

class notes36Allison-Flynn, Brande, was recently promotedto Associate Director of Compliance at UBSWarburg, Ltd. In London, UK.Fellows ClassPetrequin, Brian L., of Jersey City, N.J., wasmarried on Feb. 14, 2001 in Las Vegas, Nevadato Emily J. Parodi. In addition, he has been anassociate with the law firm of St. John & Wayne,L.L.C., since 1998 where he concentrates hispractice in the areas of corporate law, corporatefinance, lender’s counsel, mergers & acquisitions,intellectual property law, and Internet law. He regularlyrepresents public and private corporations,banks and other financial institutions.Adams ClassGregory, David, was named 2003Outstanding Young Alumni for Northern MichiganUniversity in Marquette, Mich. He was alsonamed to the Board of Directors of the NMUAlumni Association. He is with the Lansing-basedlaw and government relations firm of KelleyCawthorne, PLLC, where he specializes in legislativeand regulatory matters. Representative clientsinclude Wayne State University, Lorillard Tobacco,Magna Entertainment Corporation, the MichiganSociety of Planning, and Automotive Recyclers ofMichigan.1998 Sharpe ClassMilmed, Sandi D., opened her law office at3105 W. Azeele St., Tampa, Fla. 33609 inAugust 2003. Her practice is limited to familylaw. Phone: (813) 875-7555.Goostrey, Daniel A., has joined the law firmof Parker & Adams, P.C.McDonald ClassTwarozynski, Judith A., has been appointedto Chief Assistant Prosecutor in Alpena Countyafter serving two years as an assistant prosecutor.She was recently appointed chair of the AlpenaCounty Building Authority.Snow ClassBilbey, Heather, has recently joined the lawfirm of Trott & Trott from the Saginaw, Mich.—based firm of T&T Financial.1999 Flanigan ClassNichols, Mike, was recently appointed asTreasurer of the Board of Directors at TheReynolds Law Firm P.C. The Reynolds Law Firm isa six-member firm in Lansing, Mich., that focuseson litigation, particularly in the criminal and familylaw areas. He also handles contract drafting,review, and litigation, particularty in the areas ofnot to compete. Phone: (517) 372-0676; E-mail:mnichols@reynoldslawfirm.comWeadock ClassTaylor, Michael, is now staff attorney for AlexAcosta, member of the National Labor RelationsBoard. Mr. Taylor was previously staff attorney forArthur Rosenfeld, General Counsel of theNational Labor Relations Board.Vandivier, Angela, announces her marriageto Will Stanley on March 22, 2003 inConnersville, Ind. She is an associate with the firmBrumbaugh, Mu & King, P.A., located inFayetteville, N.C. She practices in the field ofworkers’ compensation.2000 Rutledge ClassLassner, Caralyce M., has joined theBankruptcy Department of Shermeta, Chinko &Adams, P.C. in Rochester Hills, Mich. She focusesher practice in the area of creditor’s rights andwill practice throughout the state. Phone: (248)652-8200, ext.2073; E-mail:caralyce@provide.net.Stern, Bradley, and his wife, announce thebirth of their son, Brandon Michael, born onNov 19, 2002.Jay ClassCary, Catherine A., after receiving her LL.M.in International Legal Studies at Golden GateUniversity School of Law in San Francisco, Calif.,accepted the position as Pro Bono Coordinatorwith Washoe Legal Services in Reno, Nev. Herwork consists of providing pro bono referrals andself-help clinics to the low income residents ofWashoe County. She also writes articles for theWashoe County Bar Association’s Publication, TheWrit, on pro bono issues in the community andorganizes continuing legal education programsfor pro bono attorneys.2001 Iredell ClassBogart, Jeremy, has just received his LL.M. inCriminal Law from State University of New York atBuffalo. He has also just accepted an associateposition at the Pima County Public Defender inTucson, Ariz.Reed, Shane M., and Michelle Lahey Reed(Cushing Class, 2000) announce the arrival oftheir son, Jaxson David Reed, born on December27, 2002 at Hayes Green Beach MemorialHospital located in Charlotte, MI.Wilkerson, James L., passed away onJune 9, 2003.Blair ClassDunbar, Heather, began working for the lawfirm of Jeffries & Newton in East Lansing, Mich.The law firm provides general legal services tostudents of Michigan State University.(517) 353-3716McKneely, Roland, has just opened solo practiceunder the name of McKneely Law Firm, LLC,located at 400 Travis St., Ste. 305, Shreveport, La.Kuehn, Christopher, has recently accepted aposition with the Wisconsin State PublicDefender’s Office as a trial attorney. His practicefocuses on criminal defense, mental commitmentsand juvenile law.BENCHMARKWhite, George, has accepted the position offoreign expert-in-residence and visiting scholar ofinternational business law and global commercein the international business department of thebusiness school at Zhejiang Wanli University inNingbo, China. He will also be a seniorresearcher and professor of international commercialand economic law at the Sino-West LegalStudies Centre at Zhejiang Wanli University.Paterson ClassWillis, Shaun Patrck, has his own law firmin Kalamazoo, Mich. He specializes in estateplanning, civil litigation, personal injury, andcriminal law.2002 Johnson ClassCatipay, James Anthony, accepted a positionas Assistant General Counsel at the WysongCorporation in Midland, Mich. His focus will beon corporate tax, tax planning strategies, stateand local tax, as well as assisting in all other generaloperations. He recently earned an LL.M. intaxation from the Boston University School of Law.(517) 410-6580 E-mail: jcatipay@aol.comPitsch, Eric, has been hired by the Van LieshoutLaw Office in Little Chute, Wisc. He was formerlywith Hinshaw & Culbertson Law Firm. In additionto practicing law, Pitsch was recently hired as anadjunct professor for Cardinal Stritch Universitywhere he teaches business law, statistics, ethics,and the psychology of business. In his free time heloves to write. His new book entitled “Lawyers,Mental Health Professionals & the Legal System”was just released.Chase ClassTrudeau, Christopher R., has joined the firmof Plunkett & Cooney’s Labor & Employment LawPractice Group as a member. He is located in thefirm’s Bloomfield Hills office where he also practicesin the area of commercial litigation. He is amember of the Oakland County Bar Association,the State Bar of Michigan and the American BarAssociation. This fall he will serve as an adjunctprofessor of Law Practice at Thomas M. CooleyLaw School.2003 Swainson ClassArmstrong, Vicki Lynn, has accepted aposition as a Prehearing Attorney with theMichigan Court of Appeals.

Solo and Small Firm Alums Needed forCooley’s Mentoring ProgramThe Alumni Mentoring Program has gained a lot of momentum since its beginnings. TheAlumni Relations Office is very proud of the relationships it facilitates by matching Cooleystudents and recent graduates with alumni practicing in areas throughout the United States.The networking that students are able to do in their geographical area of interest hasproven itself as a worthwhile experience time and time again.Since such a large proportion of Cooley Law School’s graduates enter solo or smallfirm practice, a special need exists for those graduates to counsel students on the samecareer path. As such lawyers know, their experiences are distinctly different from legal practicein large firms, corporations, or government. One needs to be a ‘jack of all trades’ in thispractice environment, handling a criminal trial, a domestic relations mediation and writing abrief for the Court of Appeals in the same week. On top of strictly legal work, there are the concernsof running a small business, too.If you have this special blend of expertise, please complete the Mentor Volunteer postage-paid card on theback cover of this issue of the Benchmark. Note your solo or small firm background on the card, so we can match you with acurrent student or recent graduate who needs your unique insight.Were you once a mentee and are now out in the field? If you benefited from this program and you would like to helpothers as you were, contact us! We would love to have your assistance in carrying on the tradition. If you have any questions,please call the Alumni Relations Office at (800) 243-ALUM, or in Lansing call 371-5140, extension 2949.Non-ProfitOrganizationU.S. PostageP AIDLansing, MIPermit No. 241300 South Capitol Ave.P.O. Box 13038Lansing, MI 48901Change Service Requested

THE THOMAS M. COOLEY LAW SCHOOLCooley Law School is offeringclasses on the campus ofOakland UniversityFind out more at www.cooley.eduSuccessTo succeed is to keep growing.Cooley Law School is acrossMichigan with classes nowoffered on the campus ofOakland University, at its mainlocation in downtown Lansing,and at the downtown GrandRapids/Western MichiganUniversity campus. In addition,Cooley's Rochester/OaklandUniversity Campus now offersMaster of Laws (LL.M.) degreeprograms in Tax and IntellectualProperty.Cooley is the largest JurisDoctor (J.D.) program in thenation. Cooley teaches law studentsthe knowledge, skills, andethics needed to be respectedlawyers, judges, and outstandingcitizens. Please feel free to visitCooley Law School — take atour — sit in on a class in session.“In hardly any field more than law isthe practice of one’s career sointimately connected to one’spersonal growth. The continuingchallenges — to have a higher senseof ethics and values, a moreabundant store of knowledge and agreater arsenal of skills — are rarelymet by talent alone, and neverwithout a rich and deeplynourishing legal education.”Judge Beverley Nettles-NickersonCircuit Court Judge,Graduate of Cooley Law SchoolFor more information about admission to Cooley Law School, please contact the Admissions Office at (517) 371-5140 ext. 2244, or e-mailadmissions@cooley.edu. If you would like to speak to someone about taking classes at Oakland University or would like to visit, take a tour,or sit in on a class, please contact Cooley's Rochester/Oakland University Campus at 472 O'Dowd Hall by calling (248) 370-3148 or e-mailoucampusinfo@cooley.edu.