Connected Minds,Connected Cultures:\ Connected Minds

cualawyerThe Catholic University of America • Columbus School of Law Spring/Summer 2008Connected Minds, Connected Cultures:\A Law Professor’s Quest to Define Global Morality

FROM THE Dean’s DeskDear CUA Law School Community,One of the intellectual benefitsof a life in higher education ishaving the opportunity toengage in a topic that is truly “big picture,”that considers questions of universalimportance to humanity. Thisrare privilege came to the ColumbusSchool of Law in late March, during aground-breaking conference that gatheredsome of the most accomplishedminds in the world to consider whetherthere is a common ethical heritage forthe human race.“A Common Morality for theGlobal Age — In Gratitude for WhatWe Are Given” was organized and executedby Professor William Wagner,director of Catholic University’s Centerfor Law, Philosophy and Culture. Thetopic at hand — Do all cultures and peoplesshare a basic sense of right andwrong and if so, how can this be broughtto bear upon the most pressing worldproblems? — was suggested in 2004 bythen-Cardinal Joseph Ratzinger. He isbetter known today as Pope BenedictXVI. The tale of how the Pope’sexpressed wishes were brought tofruition by a distinguished member ofour faculty is the cover story of this issueof CUA Lawyer.Other content is included that Ihope will relay a sense of the complexity,energy and achievements of theCUA law community. There is a saluteto the drive and dedication of our Boardof Visitors, a volunteer group of alumniwho devote considerable time and energyto helping the law school reach itsfullest potential. We have included astory about a recent alumnus who publisheda book about his long fight tolegally remain in the United States.There is an introduction to four newfaculty members who join us for the2008–2009 academic year and beyond.Also included is a light-hearted look ata part-time faculty member who, inaddition to fulfilling his duties as ajudge, has launched a promising operaticacting (not singing!) career withlocal theater groups.Not long ago, I wrote a letter to allalumni summarizing many of the highlightsand accomplishments of this pastacademic year. To recap just a bit: Ourbar examination test scores and nationalrankings went up; our Web site waseffectively redesigned; our students continuedto demonstrate their commitmentto a better world in the form ofselfless volunteerism through our LegalServices Society, the law school’s probono organization; our moot court andtrial advocacy teams performedextremely well; and our symposia andspeaker calendar was perhaps thestrongest ever in the law school’s history.Our faculty members continue toachieve national and international distinctionas legal scholars and educators.I believe that the Columbus Schoolof Law will solidify and build upon thesetrends into the future. We are hard atwork enrolling another highly competitiveincoming class. Its final contourswon’t be known until it is officiallyseated in August, but we are encouragedby the caliber of the admissions applicationsthat we receive.Although summer is a period ofrelative quiet in the building, a muchneededopportunity for faculty, staff andstudents to recharge for the coming year,we are deep in preparations for a vitallyimportant visit next spring by membersof the American Bar Association’s lawschool accreditation committee. This isa process that most U.S. law schoolsundergo every few years. Although theactual time spent on site by committeemembers is brief, there is an enormousamount of planning, data gathering andpreparation that precedes their visit. Iwill, of course, keep you all up to date onthat and other developments affectingour law school.In the meantime, I wish everyone ahealthy, restful and relaxing summer.With best wishes,Veryl V. MilesDean and Professor of Law

cualawyerThe Catholic University of America • Columbus School of Law Volume XXVII • Number 1 • Spring/Summer 2008Features12AN INVITATION TO REASON12 Scholars Who BelieveA CUA Law professor realizes a Papal wish byorganizing a unique conference on global morality.420ALUMNI COMMITTED AND INVOLVED4 A Council’s CounselThe law school’s unsung Board of Visitors keeps itsbest interests at heart.SUPREME ADVICE20 The Things that MatterSupreme Court Justice Samuel Alito Jr. recommendslife advice from the Founding Fathers to the Classof 2008.Highlights10 Remarkable Events24 Rationality Denied26 Dobra Robota28 Tough Call30 An Influx of Talent34 Opera and Law: Two Forms of TheaterDepartmentsFrom the Dean’s Desk inside coverFaculty News 36Professional ActivitiesPublicationsRecent MediaConferences & SymposiaCommunity ServiceAlumni News 44All in the Family, 53In Memoriam, 54Cross Country, 56Tomorrow’s Alumni 58Calendar of Events 60Cover image: Dome of the Creation,Cathedral of San Marco, Venice.Image courtesy of Cathedral of San Marco

DEAR EDITOR:YOUR OpinionsI really appreciated the [obituary] piece on Fred Bennett in the 2007fall-winter issue of CUA Lawyer. I am a 1983 evening graduate and hadFred for my evidence course. There was no mention of his tenure at CUAin the early 80s as an evening professor, and I think that should be clarifiedin the next issue. He was the ultimate example of the extraordinary experienceof having a practicing attorney open our minds to the law. Many werethe times when he cited an experience in a case he was handling that wasdirectly on point with an evidentiary concept we were studying. The lawschool and profession as a whole have lost an exceptional talent.Ronald F. BianchiCIO & Director, Information Services DivisionEconomic Research Service, USDAWe encourage your comments, questions and opinions. Write to us at: Editor,CUA Lawyer, Columbus School of Law. The Catholic University of America,Washington, DC 20064.Checking Up on People in DistressTHE CATHOLIC UNIVERSITY OF AMERICAColumbus School of LawcualawyerSpring/Summer 2008 • Vol. 27, No. 1Thomas M. HaederleMara DuffyGina MoorheadVC GraphicsVeryl V. MilesStacy L. BrustinMara DuffyMichael R. KanneVery Rev.David M. O’Connell, C.M.James BrennanJames GreenJulie EnglundSusan D. PerviFrank G. PersicoEditor in ChiefAssociate Creative DirectorPublications ManagerDesign/Art DirectionDean and Professor of LawAssociate Dean forAcademic AffairsAssociate Dean forExternal and Student AffairsAssociate Dean forAdministration and FinanceUNIVERSITY OFFICIALSPresidentProvostDean of Graduate StudiesVice President forFinance and Administration,TreasurerVice President for Student LifeVice President for UniversityRelations and Chief of StaffRobert M. Sullivan Vice President for UniversityDevelopmentW. Michael Hendricks Vice President for EnrollmentManagementCraig W. ParkerVictor NakasAssociate Vice Presidentand General CounselAssociate Vice President forPublic AffairsCatholic University Legal Services Society students returned to theGulf Coast region in May 2008 to assist victims of Hurricane Katrina.They found living conditions little improved, with many FEMA trailerpark residents facing eviction this year.Alumni are encouraged to send news aboutthemselves and other alumni. Please send theseitems, as well as letters to the editor, comments,requests and address changes to:Editor, CUA Lawyer, Columbus School of Law,The Catholic University of America,Washington, DC 20064E-mail: haederle@law.eduPhone: 202-319-5438Fax: 202-319-4004www.law.edu2CUALAWYER /Spring–Summer 2008

Giving Has Never Been EasierAnnouncing Online Giving…CUA Law has just inaugurated itsonline donation program. With thiseasy-to-use system, you can nownavigate to the CUA Law homepage,click the “Contribute to CUA Law”button on the lower right, and makeyour gift. You will be able to designateyour gift to the fund of your choice.Making an online gift to CUALaw is fast, easy and secure!www.law.eduThanks a million!We extend our heartfelt thanks to all the alumni, friends, faculty, staff and studentswho generously contributed nearly $1.2 million to the Columbus School of Lawduring the 2007–2008 fiscal year.* We received a total of 354 new gifts and pledges,totaling over $225,000. Thanks to you, it was another great year for the law school.Contributions to the Law School Annual Fund totaled more than $610,000 in unrestrictedsupport for scholarships. The average gift amount given through our phonathon callingprogram nearly doubled this year as compared to fiscal year 2007. Ninety-four first-timedonors gave $68,961 to the Annual Fund, thanks in large measure to a generousdollar-for-dollar challenge gift on behalf of Jeffrey R. Moreland, the new chairof the Board of Visitors of the Columbus School of Law.On behalf of all the students who will benefit from your generosityto CUA Law, we thank you for supporting the law school this year.Annual gifts to the Columbus School of Law make a tremendous differencefor our students. For more information or to make a gift to the Law School AnnualFund, please contact Clare McGrath Merkle, annual fund coordinator,at 202–319–4637 or mcgrathmerkl@law.edu.*Our fiscal year runs May 1–April 30.

A L U M N I C O M M I T T E D A N D I N V O L V E DA Council’s Counsel:Law School’s Board of Visitors Helpsto Map a Bright FutureBy Tom HaederleHighly successful practitioners all,today’s board members bringa real world perspective to theposition that is vital for building thekind of educational foundation thatprepares students for what futureemployers want and expect.© 2008 Jupiterimages Corporation4CUALAWYER /Spring–Summer 2008

A L U M N I C O M M I T T E D A N D I N V O L V E DThe statement from thepodium sounded routineat first. “And nowwe have an important announcementto share with everyone … ”Several dozen April 11 th Board ofVisitor luncheon guests put down theirdessert coffees and leaned forwardpolitely, perhaps expecting to beinformed of some minor change to theafternoon’s packed schedule of meetingsand presentations.Which made the news that followedall the more exciting and unexpected:Jeff Moreland, Class of 1970, actingchair of the law school’s Board ofVisitors Advancement Committee andthe next chairman of the BOV, wasannouncing a $1 million gift in unrestrictedfunds from him and his wife,Nancy, to the Columbus School of Law.The Moreland family expressed apreference for the money to go towardhelping any student who is the sonor daughter of a D.C. police officeror firefighter — but beyond that onesmall stipulation, the funds can be spentwhere the law school determines it isneeded most, be it on scholarships,programs or salaries.Moreland’s gift, the largest from anindividual alumnus in the more than100-year history of the law school,struck his fellow members of the Boardof Visitors like a thunderclap. Risingtable by table, they thanked him with astanding ovation.The family’s ties to the law schoolrun deep. Two of their daughters aregraduates of the law school. The couplereturned to their native Washington afterJeff’s recent retirement as executive vicepresident for public affairs withBurlington Northern Santa FeCorporation. That made the decisionabout where to bestow the gift a clear call.“We all have lots of requests formoney. I wanted to give where it madethe biggest impact,” Morelandexplained to his fellow alumni on theBOV. “We as a board can have a bigimpact upon the law school over theBoard of Visitors Chairman Jeff Moreland,1970, set a new standard for alumnigiving in April 2008.next five years if we support it, promoteit and act in its best interests.”TurnaroundThe hope is that the dramatic newsof the Moreland family’s stunningly generousgift will be a harbinger of things tocome. Not just for increased financialsupport from alumni but also for a vigorousnew role for the Board of Visitorsitself. Reorganized and re-energizedover the past two years, due in large partto the efforts of Dean Veryl Miles andBrad Bodager, until recently the executivedirector of the Office ofDevelopment and Alumni Relations, the55-member board has seen a third of itsmembership turn over from 2007 to2008. Many younger alumni have joinedto lend their new ideas, energy andenthusiasm in furtherance of the fortunesof the Columbus School of Law.Highly successful practitioners all,today’s board members bring a realworld perspective to the position that isvital for building the kind of educationalfoundation that prepares students forwhat future employers want and expect.Some new members, such as J. Israel“We as a board can have a bigimpact upon the law schoolover the next five years if wesupport it, promote it and act inits best interests.”Balderas, 2006, offer the board and thelaw school an unusual blend of professionalpoints of view. After taking atime out to earn his J.D., Balderasreturned to a distinguished career inbroadcast journalism and is currentlythe morning news anchor for KFOX-TV in El Paso, Texas.Adviser, counselor, sounding boardand devil’s advocate — BOV membersmay play all of these roles at times. Manyorganizations feature someone, or agroup of people, whose function is to giveunvarnished feedback to the top decisionmaker. The idea is to offer the rankingadministrator a sense of what is workingand what may need improvement to keepthe ship sailing straight. The feedbackmay even sound like tough love at times,but it is prompted by genuine affection,says Robert B. Budelman Jr.,1962. “I amso appreciative of the legal education Ireceived that I welcome the opportunityto give something back to the law school.Sometimes you’ve got a precious jewelthat other people don’t see.”“America’s Premier CatholicLaw School”The first iteration of what wasnamed the Board of Visitors met on Oct.3, 1998, at the invitation of then DeanBernard Dobranski, more than 50 menand women gathered for an all-daymeeting at the Columbus School of Lawto take stock of the present and plan forthe future.The membership was composed oflaw school alumni chosen for theirdemonstrated leadership qualities andtheir strong knowledge and interest inthe fortunes of their law alma mater.Spring–Summer 2008 / C UALAWYER 5

A L U M N I C O M M I T T E D A N D I N V O L V E D“Their most valuable resourceis their time and attention,”says Dean Veryl V. Miles.At its first meeting, board memberswere briefed on the state of theschool and asked to consider a prospectustitled “New Directions and NewFinancial Resources for LegalEducation in the 21 st Century.” Partcritique, part analysis and part roadmap, the document laid out six goalsthat, once successfully attained, wouldhelp make the Columbus School ofLaw “America’s premier Catholic lawschool,” in the words of Dobranski.The goals included attracting astrong and diverse student body, investingin faculty excellence, keeping thecurriculum relevant to a changing legalsystem, keeping technology current andfinding new ways to serve the surroundingWashington, D.C., community.The plan was ambitious. Boardmembers understood that stating needswas the easy part, but helping to findthe financial resources to pay for themwas the real key and one that requiredstrategy, patience and persistence.Ten years later, progress has beenmade on several fronts outlined in theTwice each year, Board of Visitors members have theopportunity to ask probing questions about the law school’sgoals, strategies, finances and other pertinent information.Comprehensive reports from Dean Veryl V. Miles help to keep board members in touchwith the law school’s needs and goals.1998 prospectus. However, shiftingdemographics and the competitivenature of higher education makeadministrators and their advisoryboards leery of checking off on anyaction item as achieved. There is alwaysmore to do, another goal to strivetoward and something else that can beimproved upon.“Those in the legal communitywho have contact with our graduatestypically have high praise for them,”remarks Hon. Marcus D. Williams,1977. A member of the BOV since itsfounding, Williams says his serviceon the 19 th Judicial Circuit of Virginiahas given him a reliable fix on howthe legal communityviews the ColumbusSchool of Law. “Weneed to do a better jobof letting others knowabout the high qualityof our institution. I cantell you that at ourBoard of Visitors meetingswe are always discussinghow to improvethe school’s academicstanding, its reputationand financial state.”The group’sunflagging support ofthe law school and itsstudents shows no signof diminishing. Since the BOV’s firstmeeting 10 years ago, 30 of the 49 originalmembers continue to serve today.Committing Timeand EffortInvited members of the BOV areasked to serve a minimum of one threeyearterm, though some of its memberswind up serving for many more. Asspelled out in its original missionstatement, the board’s main responsibilitiesare three-fold: to provide counseland assistance to the dean; toaddress the concerns of alumni, students,faculty, parents and friends; andto work to increase the financialresources of the law school.Each member is expected to attendannual meetings and serve on committees,to “act as an ambassador of theColumbus Law School with friends andcolleagues” and as called upon, to considerspecial assignments from the deanfor the good of the law school.It is a form of volunteerism thatcan place considerable demands uponthe time and energy of people whoalready work very hard for a living.“Their most valuable resource istheir time and attention,” says lawschool Dean Veryl V. Miles. “If the lawschool is relevant to them and a priority,6CUALAWYER /Spring–Summer 2008

A L U M N I C O M M I T T E D A N D I N V O L V E Dthe first threshold is: Do they have thetime?” The fact that so many CUA lawalumni — some of them decadesremoved from their own years as a lawstudent — have chosen to serve on theBOV since its inception speaks volumesabout the depth of affection and esteemthat graduates feel for their law school.A Finger on the PulseTaking into account some recentstructural improvements to help theboard operate more efficiently, the lasttwo meetings of the group — on Oct.26, 2007, and April 11, 2008 — providesgood insight into how the board collectsinformation about the law school andwhat it does with what it has learned.Board of Visitors meetings typicallylast all day. Mornings are devoted toorientation for new members, and verbalreports are offered by the chairs oftwo newly created entities: theAdvancement Committee and theCareer and Professional DevelopmentCommittee. Orientation is designed togive the latest members an overallunderstanding of the law school’sstrengths, challenges and finances.There is usually time to ask questionsof the dean and senior administrators.The afternoon session brings theentire board together as a group. Atthe April 2008 meeting, memberswere welcomed by the chair, MichaelF. Curtin, 1965. His tenure as thegroup’s leader concluded with thatmeeting, a fitting capstone to a selflessrecord of personal service and volunteerismto the law school that spansmore than 40 years.After opening remarks from thedean, BOV members often receive apresentation from a member of the faculty,who may discuss recent work orthe latest developments in their area ofpractice. Professor Elizabeth Winston,for instance, offered her insights intotrends in intellectual property law atthe April 11 meeting.The committee chairs thenoffer their reports to the entirebody, followed by a comprehensiveupdate on the state of thelaw school from the dean.Assistant deans and other seniorstaff members are on hand toanswer in-depth questions aboutsubjects such as financial aid andscholarships, alumni relations,admissions and recruiting plans,public relations strategies andother matters.Members do not shy awayfrom asking probing questions.They may drill into subjects thatcause consternation to legal educatorseverywhere, such as theinfluence that the U.S. News &World Report annual graduateschool rankings exert on publicperception. Such exchanges arefruitful and necessary. Boardmembers come away with anenhanced understanding of lawschool strategies, and schooladministrators gain new knowledgeabout how to better meet theneeds of the legal marketplace.What’s in a Name?The Board of Visitors realizesthat it carries a somewhatambiguous name. What, afterall, is a “visitor”? In fact, theterm is in fairly wide use in highereducation. It describes a groupof practitioners who offer adviceand guidance to an institutionand its leaders. Although peopleare used to seeing words like“trustees” or “regents” in conjunctionwith the term “board,”those descriptions do not applyto the law school’s volunteercounselors. The importantdifference is that the Boardof Visitors has no fiduciaryresponsibilities or obligations tothe law school.Michael F. CurtinPro Bono AwardMichael F. Curtin hasbeen an extraordinaryadvocate onbehalf of his lawschool, but also formany other causes,such as CatholicCharities, the IgnatianLay Volunteer Corps,of which he is a founder, and So OthersMight Eat, a nonprofit that exists to help thepoor and homeless in Washington, D.C. Inhonor of his unparalleled record of pro bonoservice, the law school in 2008 inauguratedthe first annual Michael F. Curtin Pro BonoAward at its commencement ceremony onMay 23, 2008.The Michael F. Curtin Pro Bono Award recognizesa law student who has honored thehighest ideals of the Columbus School ofLaw by voluntary pro bono service to others.Its first recipient was Niknaz (Niki) Moghbeli,2008, in recognition of her service as the probono chair of the Legal Services Society duringher second year of law school. Moghbeliwas inspired to organize the law school’sfirst post-Hurricane Katrina relief trip toBiloxi, Miss., in 2007. She conceived the idea,planned and organized the relief effort andhelped to raise funds for the trip. Along withher classmates, she spent nearly two weeksalong the gulf shore working to secure financialassistance and economic justice for thedevastated victims of the historic storm.Michael F. Curtin, Niki Moghbeli, DeanVeryl Miles.Spring–Summer 2008 / C UALAWYER 7

A L U M N I C O M M I T T E D A N D I N V O L V E DMapping the Future“We’re at a stage where scholarshipsor endowments for chairs are prettyimportant to the future of the lawschool,” says Anne M. Donohue, 1998,one of the board’s newest members.“Getting that message out to the communitiesthat we interact with in ourpersonal and professional lives is important.They use the term ‘ambassador’ todescribe us, and that seems to resonatewith most of the board.”New fundraising initiatives are apart of a more sweeping plan for thefuture. Although the largest alumnichapter of the Columbus School of Lawis that of Greater Washington, D.C.,active chapters exist throughout theNortheast and on the West Coast. Thelaw school’s Office of Development andAlumni Relations intends to help newand existing chapters to become morerobust and organized to attract highernumbers of young alumni to their ranks.At the same time, the membershipof the Board of Visitors itself has becomemore diverse and representative of theentire alumni body. It now reflects agreater range of age, class year, gender,ethnic background and practice area.With the diversity comes a wider pool ofprofessional expertise. The board, whichmet for years as a committee of thewhole, has recently formed a number oftransitional subcommittees to allow membersto contribute their knowledge withina smaller group. The more dynamic, realisticand nimble model allows fewer peopleto make an impact while still reportingback to a central committee.In the end, the approach embracedby the Columbus School of Law’s Boardof Visitors and its dean is intended to keepalumni connected to their law school.That link can take many forms, such asfinancial support, volunteerism, mootcourt coaching or the contribution ofprofessional knowledge. “Part of the reasonfor my gift was to provide otheralumni an incentive to give money,”states Jeff Moreland. The law schoolwould like to begin strategic planningfor an ultimate advancement campaign,but administrators know that its messagemust resonate across generationsand reach all of the school’s diverse bodyof alumni.“We have 10,000 people in the pooland we’re trying to find ways to engagethem,” says Dean Miles. “They don’t allreceive the message the same way. Tofacilitate that, we need their anecdotaland practical advice. We really havetremendous resources within our alumnibody that we’re discovering every day.”Paul G. Alvarez, 2006J. Israel Balderas, 2006Warwick M. Carter Jr., 1991Giovanna M. Cinelli, 1986Patrick Thomas Clendenen, 1991Chris Comuntzis, 1982Sarrita Jordan Cypress, 1990Anne M. Donohue, 1998Mitchell S. Ettinger, 1983Donald W. Farley, 1969J. Conor Gallagher, 2005Sandra Gallagher-Alford, 1988Francis J. Hearn Jr., 1989R. Todd Johnson, 1988James E. McDonald, 1969Susan Smith Newell, 1993Nancy M. Palermo, 1997Shawn P. Regan, 1996The law school extends a special thank you and welcometo the newest members of the Board of Visitors.8CUALAWYER /Spring–Summer 2008

A L U M N I C O M M I T T E D A N D I N V O L V E DBoard of VisitorsSpring 2008Paul Alvarez, EsquireClass of 2006McDermott Will & EmeryWashington, D.C.Msgr. Charles V. AntonicelliClass of 1986St. Joseph’s on Capitol HillWashington, D.C.J. Israel Balderas, EsquireClass of 2006Fox-TVEl Paso, TexasRita Mae Bank, EsquireClass of 1978Ain & Bank, PCWashington, D.C.Robert B. Budelman Jr., EsquireClass of 1962Sedgwick, Detert, Moran &ArnoldNew York, N.Y.John G. Carberry, EsquireClass of 1973Prudential Huntoon PaigeBostonWarwick M. Carter Jr., EsquireClass of 1991J.P. Morgan Chase & CompanyNew York, N.Y.Giovanna M. Cinelli, EsquireClass of 1986Patton Boggs, LLPMcLean, Va.Patrick Thomas Clendenen, EsquireClass of 1991Mintz, Levin, Cohn, Ferris, Glovsky& Popeo, P.C.BostonChris Comuntzis, EsquireClass of 1982Nixon & VanderhyeArlington, Va.Michael F. Curtin, EsquireClass of 1965Curtin Law Roberson Dunigan& SalansWashington, D.C.Sarrita Jordan Cypress, EsquireClass of 1990Lexolution, LLCWashington, D.C.Edward J. Demspey, EsquireClass of 1970Day Pitney LLPHartford, Conn.David A. Donohoe, EsquireClass of 1962Retired– Akin, Gump, Strauss,Hauer & FeldWashington, D.C.Anne M. Donohue, EsquireClass of 1998SRA International, Inc.Fairfax, Va.John P. Donohue, EsquireClass of 1969Kittredge, Donley, Elson, Fullemand Embick, LLPPhiladelphiaJohn Caleb Dougherty, EsquireClass of 1991DLA, Piper, Rudnick, Gray, & CaryBaltimoreMichael T. Dougherty, EsquireClass of 1988Senate Judiciary CommitteeWashington, D.C.Mitchell S. Ettinger, EsquireClass of 1983Skadden, Arps, Slate, Meagher& Flom, LLPWashington, D.C.Donald W. Farley, EsquireClass of 1969Retired– ExxonMobilNorth Caldwell, N.J.Dena C. Feeney, EsquireClass of 1963Feeney & Kuwamura, P.A.Silver Spring, Md.Michael J. Francesconi, EsquireClass of 1997United Parcel Service AirlinesLouisville, Ky.J. Conor Gallagher, EsquireClass of 2005U.S. District Court WDNCCharlotte, N.C.J. James Gallagher, EsquireClass of 1968Elliott Cove Capital ManagementSeattleSandra L. Gallagher-Alford,EsquireClass of 1988Davis Wright Tremaine LLPBellevue, Wash.Mary Anne Gibbons, EsquireClass of 1980United States Postal ServiceWashington, D.C.Mrs. Linda GlodCommunity VolunteerAlexandria, Va.Dr. Stanley J. GlodRetired– The Boeing CompanyAlexandria, Va.Clyde J. Hart Jr., EsquireClass of 1975American Bus AssociationWashington, D.C.Francis J. Hearn Jr., EsquireClass of 1989United States Trust Company, NANew York, N.Y.Ellen A. Hennessy, EsquireClass of 1978Fiduciary Counselors Inc.Washington, D.C.R. Todd Johnson, EsquireClass of 1988Jones DayPalo Alto, Calif.Song Ki Jung, EsquireClass of 1996McKenna Long & Aldridge, LLPWashington, D.C.Francis J. Lorson, EsquireClass of 1971Retired– Supreme Court of theUnited StatesWashington, D.C.Clarence E. Martin III, EsquireClass of 1974Martin & Seibert, L.C.Martinsburg, W.Va.Stephen C. Matthews, EsquireClass of 1994Porzio, Bromberg & Newman, P.C.Morristown, N.J.James E. McDonald, EsquireClass of 1969Squire, Sanders & Dempsey, L.L.PMiamiJeffrey R. Moreland, EsquireClass of 1970Retired– Burlington NorthernSanta Fe Railway CompanyArlington, Va.Susan Smith Newell, EsquireClass of 1993Community VolunteerAlexandria, Va.Dean Francis Pace, EsquireClass of 1954Pace & RoseLos AngelesNancy Palermo, EsquireClass of 1997Garrison & Sisson, Inc.Washington, D.C.Ernest S. Pierucci, EsquireClass of 1975Law Offices of Ernest S. PierucciSan FranciscoLarry R. Pilot, EsquireClass of 1967McKenna Long & Aldridge, LLPWashington, D.C.Patrick Michael Regan, EsquireClass of 1980Regan, Zambri & Long, P.L.L.C.Washington, D.C.Shawn Patrick Regan, EsquireClass of 1996Hunton & Williams LLPNew York, N.Y.Andrew David Rivas, EsquireClass of 1995Texas Catholic ConferenceAustin, TexasStanley J. Samorajczyk, EsquireClass of 1967Akin, Gump, Strauss, Hauer & FeldWashington, D.C.Stephen M. Silvestri, EsquireClass of 1979Miles and Stockbridge P.C.BaltimoreRobert N. Singer, EsquireClass of 1968The New Mexico Law Group, P.C.Albuquerque, N.M.Richard Lee Slowinski, EsquireClass of 1991Baker & McKenzieWashington, D.C.The Hon. Loren A. SmithUnited States Court of FederalClaimsWashington, D.C.Victor Patrick Smith, EsquireClass of 1996C.D.S. EngineeringFremont, Calif.William F. Sondericker, EsquireClass of 1952Carter, Ledyard & MilburnNew York, N.Y.Charles Michael Tobin, EsquireClass of 1968Retired– The Tobin Law Firm, LLCNaples, Fla.The Hon. Marcus D. WilliamsClass of 1977Fairfax County Circuit Court,19 th Judicial CircuitFairfax, Va.Spring–Summer 2008 / C UALAWYER 9

REMARKABLEEventsRemarkable Events Inspiring Tomorrow’s Leadersat The Catholic University of America Columbus School of LawSearching for AnswersJanuary 30 — The approval of risky loans to people with poor credit profiles is just one part ofthe perfect storm of economic factors that led to the alarming meltdown in the country’s subprimelending markets, said a Fannie Mae expert. Invited to speak by the law school’sSecurities Law Program and the Securities Law Students Association, Ramon de Castro, seniorvice president for capital markets-mortgages with the Federal National MortgageAssociation, blamed bankers, investment houses, securities traders and other major playersfor “over-engineering” financial markets, without enough underlying capital to back up theirtransactions. The resulting credit crunch and devalued home prices nationwide are the resultof these and other new and unique factors. Said de Castro, “Politicians are trying to stay aheadof this, and are trying to prevent the crisis from becoming a full-fledged meltdown.”Exploring Cultural Ties and DifferencesMarch 10 — The 27 member nations and 500 million citizens that comprise the European Union shareprofound common interests with the United States. Yet it is a strained marriage at times, especiallyover the containment of terrorism, acknowledged Ambassador John Bruton, the head of delegationof the European Commission to the United States. Invited to give the Brendan F. Brown DistinguishedLecture at the Columbus School of Law by the Military and National Security Law StudentsAssociation, Bruton said that the powerful confederation of European nations is willing to work withthe United States on most things, but not against its own self interest. Regarding terrorism, manyEuropean governments resent being pushed by the United States for sensitive intelligence on privateindividuals, data that is confidential under EU law. “We’re not going to break our rules for America oranyone else,” said Bruton. “We won’t breach the EU Constitution on privacy issues.”Gazing into the Future of Campaigns and ElectionsMarch 13 — “Everyone with a cell phone is a reporter today,” said Lawrence Norton, a former general counsel to theFederal Election Commission. That fact of life has changed the game forever for political candidates, who have goodreason to see any public appearance as a minefield, where bloopers, blunders and misstatements are passed from cellphone to cell phone, or posted to Internet sites such as YouTube to be reviewed endlessly,impacting voters’ decisions. “The 2008 ‘YouTube’ Election?: The Role andInfluence of 21 st Century Media” brought together nearly two dozen leaders fromindustry, academia and government to examine the challenges and opportunitiespresented by today’s light-speed communications systems. The event was sponsoredby Commlaw Conspectus: Journal of Communications Law and Policy and theInstitute for Communications Law Studies in association with the FederalCommunications Bar Association. While the ultimate impact of these changes uponelections remains to be seen, experts believe there is no going back to the old ways.10CUALAWYER /Spring–Summer 2008

Assessing the Legacy of a Groundbreaking JuristMarch 14 — She made history as America’s first female member of the United StatesSupreme Court. But Justice Sandra Day O’Connor’s body of jurisprudence, especially in theareas of race and education, will have just as deep and lasting an impact upon society asher groundbreaking appointment did, according to experts. With Justice O’Connor in attendance,the Catholic University Law Review sponsored a two-hour panel that broughttogether legal experts to assess the groundbreaking jurist’s contributions to American lifeand law. Among other decisions, participants examined the profound legal repercussionsfrom two cases for which O’Connor is perhaps best known. In Grutter v. Bollinger and Gratzv. Bollinger, O’Connor’s opinions helped to redraw the permissible boundaries of affirmativeaction in higher education. Speakers included General William K. Suter, clerk of the United States Supreme Court, andJonathan R. Alger, who coordinated Michigan’s legal efforts in the two affirmative action cases.Echoing a Timeless Messageof Equality and HopeApril 3 — Forty years have passed since his assassination, and the legacyof Dr. Martin Luther King must be kept alive for later generations. “It is upto us to pass it on, to impart the meaning and moral lessons drawn fromhis life and death,” said Dean Veryl V. Miles, who conceived “A Teach-in:Reflections on the Civil Rights Movement and Dr. Martin Luther King’sLegacy.” The daylong symposium was intended to educate young peopleabout the history of the civil rights movement in the United States andKing’s contributions to it. Learning from the films and panel discussionswere local 7 th - and 8 th -grade students, who also heard first-hand recollectionsof April 4, 1968, from local television news anchor Jim Vance and Commissioner Ike Fulwood, the former D.C.police chief and a patrolman when parts of Washington began to burn in the days following King’s assassination. Lawschool faculty, alumni and students also joined in the discussion.Setting an Unforgettable Example of SelflessnessMay 8 — After a fire gutted her home of 40 years in 2004, Washington, D.C., residentJean Payne spent years living with her daughter, without a roof to call her own. A contractorhired to renovate the home botched the job and left the dwelling uninhabitable.Enter Melody Eaton, an exceptionally dedicated third-year general practice studentwith Catholic University’s Columbus Community Legal Services. Eaton took onPayne’s case pro bono and spent countless hours pursuing legal remedies. She filedsuit against the contractor, drafted pleadings, researched the law, prepared for a depositionand presented the case in court. Eaton won judgments of more than $150,000on Payne’s behalf. She also coordinated donated assistance from volunteers and nonprofitorganizations. Eventually the home was repaired correctly. In May 2008, with hersupporters, friends and family looking on, Jean Payne cut a ceremonial ribbon andstepped across the threshold to behold her “Miracle House,” returned to her througha Catholic University law student’s extraordinary advocacy.Spring-Summer 2008 / C UALAWYER 11

A N I N V I T A T I O N T O R E A S O NSCHOLARSWHO BELIEVEA CUA law professoraccepts the Pope’s invitationfor a global dialogue12CUALAWYER /Spring–Summer 2008

A N I N V I T A T I O N T O R E A S O NIs there such a thing as a global moralitycommon to all people, and if so, how canit be brought to bear on solving the world’smost pressing problems?By Tom HaederleDuring his historic five-day swing throughWashington and New York in April 2008,Pope Benedict XVI may have been themost sought-after human being in the country. Millionsof Americans, Catholic and non-Catholic alike, followedhis activities on television. Hundreds of thousands werethrilled to see him in person at two enormous baseballstadium Masses and along crowded motorcade routes. Afew hundred people, at most, were able catch an up-closeglimpse of the Pope at dinners, prayer services and otherofficial functions that he attended.But only a very small group of people received the mostcoveted honor of all: the chance to meet and speak with thePontiff one-on-one, and have a real, albeit short conversation.Catholic University Law School Professor WilliamWagner easily made the cut.In fact, the Pope made a point of greeting and warmlythanking the distinguished legal scholar who, less thanthree weeks earlier, had succeeded magnificently in organizingand executing an unprecedented conversationbetween some of the most brilliant and creative minds inthe world, all focused on a question of transcendent importanceto the Pope and to the Church: Is there such a thingas a global morality common to all people, and if so, howcan it be brought to bear on solving the world’s most pressingproblems?Contributing to the search for an answer, ProfessorWagner envisioned “A Common Morality for the GlobalAge: In Gratitude for What We are Given,” a symposiumheld March 27 to 30, 2008, on the campus of CatholicUniversity.Spring–Summer 2008 / C UALAWYER 13

A N I N V I T A T I O N T O R E A S O NA meeting of minds and hearts: On April 17, Pope Benedict XVI thanked Professor William Wagner (right) for realizing his requestmade nearly four years earlier. Providing the introduction was Very Rev. David M. O’Connell, C.M., president of The CatholicUniversity of America.Forty-five panelists, speakers andrespondents, associated with some of thefinest universities in the world, elevatedthe four-day dialogue into a discourse ofintellectual, legal and theological gravityand beauty.Princeton University’s RobertGeorge, for example, delivered a paperon “Natural Law, God, and HumanRights.” Other noted speakers includedStanley Hauerwas of Duke University,author of a work on Christian socialethics that was named one of the 100most important books on religion in the20th century; Paul Vitz of New YorkUniversity, who has written several bookson the relationship of Christianity andpsychology; and Jean Bethke Elshtain ofthe University of Chicago, a prolificauthor on the connections betweenpolitical and ethical convictions.By its conclusion, symposium participantswere in general consensus thaton the foremost question — do humansacross all cultures respond to a commonethical knowledge — the answer wasprofoundly affirmative, provided thatsuch knowledge was rooted in anacknowledgment of the Divine.As the Rev. John Polkinghorne, aleading particle physicist and the presidentemeritus of Cambridge University’sQueens’ College stated during the symposium’sopening conversation, “Wheredoes our moral knowledge come from?It comes from intimations of the goodand perfect world of our creator.Religious belief makes intelligible wherethese moral intuitions come from.”GENESISThe ground-breaking conferenceand the world-sized concepts it was taskedto wrestle with was nearly four years in themaking. In October 2004, before his elevationto the papacy, Cardinal JosephRatzinger, then prefect of the Vatican’sCongregation for the Doctrine of theFaith, wrote to CUA president Very Rev.David M. O’Connell asking the universityto consider hosting a major symposiumon universally held moral principles and toinvite scholars of different religions andoutlooks to participate. It laid out the casefor such a gathering:“The Catholic Church has becomeincreasingly concerned by the contemporarydifficulty in finding acommon denominator among themoral principles held by all people,which are based on the constitutionof the human person and whichfunction as the fundamental criteriafor laws affecting the rights andduties of all,” the letter stated.“The recognition of such moraltruths has also constituted a startingpoint for the Church’s dialogue withthe world. [We] would be grateful ifThe Catholic University of Americawould consider hosting a symposiumon some aspect of this question.”By extending the invitation, theChurch was trying to incubate new ideasand approaches to some of the most14CUALAWYER /Spring–Summer 2008

A N I N V I T A T I O N T O R E A S O NVatican leaders wondered if a symposium composed of a “who’swho” list of the world’s leading philosophers, theologians andpolitical scientists could produce helpful ideas on how to foster aglobal culture that possesses the moral insight to make headwayon improving the human condition.intractable problems facing the humanrace, such as racial strife, poverty, war,migration, pollution both environmentaland cultural, moral problems posed byadvances in bioengineering, and manyother issues. Vatican leaders wonderedif a symposium composedof a “who’s who” list of theworld’s leading philosophers,theologians and political scientistscould produce helpfulideas on how to foster aglobal culture that possessesthe moral insight to makeheadway on improving thehuman condition.Father O’Connell was happyto accept the charge, agreeing thatCatholic University was the natural choiceto host such a forum. After giving thematter some thought, he invited lawschool Professor William Wager to coffeeone morning and asked him to take thelead in turning the Vatican’s ambitiousidea into a reality.LAYING THEGROUNDWORKFor his part, Wagner viewed theopportunity to respond to Pope Benedict’sinvitation as the chance of a lifetime.Organizing and hosting such a high-profilegathering would better illuminate theuniversity, the law school and the Centerfor Law, Philosophy and Culture in thePapal spotlight. Equally important,though, was that the scale of the topicitself represented the culmination of manyyears of work inside and outside of theclassroom. The big questions that Wagnerhad devoted much creativity to exploringin different social contexts — “As optionsunfold, to ask, are these allowable options?If the option is allowable, may it actuallybe required of us? Is it right to do thesethings? When does our situationeven oblige us to act inthis way? Where isthe moral insightthat is sufficient for confronting an evolvingsituation?” — were now being handedto him as a sort of professional portfolio,with the blessing of no less than the Vicarof Christ.“A clarion call came from the Popethat invited us to think together. He wasinviting a conversation with the academy,”said Wagner. “He was reaching outto people of goodwill, who share reasonand have everything in common on thisearth with regard to our basic humanneeds, to join in a conversation.”Professor William WagnerAs director of CatholicUniversity’s Center forLaw, Philosophy andCulture, Professor Wagner already hadan established track record of professionalinterest and expertise in similar subjects.The center describes its mission as “Aiming to contributeto the fields of jurisprudence, the philosophy of lawand Christian political and social ethics by advancing theoreticalunderstandings of law’s relation to human culture andthe human good … Through its conferences and lecture series, it coordinatesacademic cooperation between scholars of law and adjunct disciplines such asphilosophy, theology, history, literature, the arts and politics.”Since 1999, the center, under its earlier incarnation as the theoreticalbranch of the law school’s Interdisciplinary Program on Law and Religion, hasdemonstrated its breadth and depth by hosting symposia and colloquia that spana fascinating range of issues, all linked by the question of the law’s role in fosteringthe renewal and transformation of culture and the human good in contemporarylife. Over the years, the scholars invited by the center to speak atCatholic University have investigated subjects such as “Death, Dying and Burial:Approaches in Religious Law and Practice”; “The Morality of the Death Penalty:The Challenge for Law, Society and Religion”; “The Stem Cell Debate in theUnited States of America and Federal Republic of Germany”; and “Steven D.Smith’s Law’s Quandary: The Perplexity is Metaphysical.”Wagner’s history of comprehensive exploration into law’s relationship tohuman culture provided the ideal background for him to undertake the organizationof the “Common Morality for the Global Age” symposium.“With unqualified enthusiasm, Professor Wagner accepted my offer toorganize this incredible gathering of scholars from all over the world toaddress a topic that is both timely and timeless,” said Father O’Connell to participantson opening night. “His efforts to assemble this symposium have beenfar and above the call of duty.”Spring–Summer 2008 / C UALAWYER 15

A N I N V I T A T I O N T O R E A S O NDeciding who to invite to contributeto that conversation was alengthy, exacting and thorough process.Familiar either personally or by reputationwith many of the world’s leadingthinkers in the fields of law, religion,ethics, theology and related disciplines,Wagner was keen to bring to the“Common Morality” symposiumscholars who were equipped to advancethe idea first put forth by Pope John PaulII, who remarked that “prior to any andall particular philosophical systems,”human beings, when they seek to do theright thing, depend upon “a body ofknowledge which may be judged a kind ofspiritual heritage of humanity.”In the words of Father O’Connell,the symposium was seeking the participationof “scholars who believe.” A startingpoint for the four-day discussioncould be found in C.S. Lewis’ Abolition ofMan, in which he wrote “Everything isgiven to us when we start. And that callsfor moral responsibility in our response.”The idea struck Wagner as the perfectpreamble to a far broader discussion. “Iwas delighted to see that as a central themein the Pope’s writings, and that is in thecore of our structured conference,” he said.Far from excluding non-Catholicsfrom contributing to the discussion, thesymposium’s theme was an inclusive one.About half of the speakers representeddifferent faiths. The objective was a dialogueacross national and religiousboundaries, combining a Christiansponsorship with a broader universalitythat would allow for a common conversationon such root moral questions asthe stewardship of the earth and humanitarianresponse to international conflict.TAKING SHAPEThe long stretch of time between thereceipt of Pope Benedict’s letter in 2004and the actual hosting of the symposiumin 2008 proved invaluable to making theevent a success. Professor Wagner identifiedpotential participants and issued invitations.He had a budget to manage andinnumerable logistical details to oversee.“The people that I asked to speakalmost all said yes,” he noted gratefully.“These are people who can commandhigh honoraria given their reputations butthey did not premise their participation inthis conference on our meeting that particularstandard. The impulse that was inthe Pope’s letter was already at work in allof the people I invited.”Due to its unusual size and duration,“A Common Morality for the GlobalAge” was located in the Edward J.Pryzbyla University Center, adjacent tothe Columbus School of Law. Universitystaff members and student volunteersassisted with the project, compiling biographicalinformation about the speakersand helping to assemble many kinds ofpromotional and conference-relatedmaterials. The campus’ computer supportoffice arranged to Web-cast theentire proceeding start to finish.As the plan took shape, a buzz beganto grow in Catholic circles. Whispers in theLoggia, a blog about Catholic issues,offered a preview in early January:“High on the Pope’s radar screen issaid to be a Washington conferenceon “A Common Morality for theGlobal Age” that’s been arranged athis personal request. Three years inthe planning, an international A-list ofacademics and other experts are slatedto attend the four-day symposium inlate March at the capital’s CatholicUniversity of America … the pontiff— who’ll be spending a day on theuniversity’s campus two weeks later —is reportedly keen to get a full briefingon the proceedings.”Links to the conference were postedon numerous Catholic blogs and Websites around the country. They alsoshowed up on some university Web sites,such as Villanova’s, that the participantswere affiliated with.THE OPENINGCONVERSATIONCardinal Angelo Scola told symposium participants that the development of moralknowledge starts in early childhood.Eventually, the grand plans werecompleted. Speaker’s panels were set.Topics, address titles and times were finalized.Hotel arrangements were made forthe many out-of-town attendees andcountless other details were settled. On16CUALAWYER /Spring–Summer 2008

A N I N V I T A T I O N T O R E A S O NSymposium discussants from many backgrounds and culturescame together to explore universal moral reason.Thursday evening, March 27, 2008, “ACommon Morality for the Global Age”began on an auspicious note with a letterreceived that very morning from theVatican Secretary of State, CardinalWilliam Levada, read to the assembly byFather O’Connell.“His Holiness trusts that the symposiumwill contribute to the promotion ofa culture of international solidarity andpeace by drawing much needed attentionto the relation between legal systems andthe underlying truths and ethical valuesthat they are meant to embody and protect,”the letter stated in part.The first night’s program began withan address, videotaped by special arrangementto accommodate his complexschedule, from Cardinal Angelo Scola,the patriarch of Venice and a cleric whomost consider an inside member of thePope’s “kitchen cabinet.”Cardinal Scola’s keynote address,“The Light of Moral Insight,” traced thedevelopment of a common body of ethicaland moral knowledge to earliest childhood.The early experience of unconditionallove and goodness, said the cardinal,is the foundation for each person’selementary moral experience.“It is by virtue of the recognition hehas received that the child entertains relationsof trust with the world and with othersubjects, that the child is made capable ofpositive stable relationships, relationsof communion withothers and with allreality,” he said.Over the ensuingdays and sessions,dozens of speakersfrom different faiths,viewpoints and academicdisciplines cameat the notion of a commonglobal moralityfrom many differentangles. Probing, questioningand at timesrespectfully disagreeingwith each other,the speakers, respondentsand panelists — scholars who believe— succeeded in directing a powerful newbeam of understanding around the complexand critically important question ofwhether humanity can live together boundby a shared sense of right and wrong.The dialogue deeply impressedattendees such as Elizabeth Schiltz, whoposted her review on the Web site Mirrorof Justice:“I want to echo the praise of theincredible conference organized byBill Wagner’s Center for Law,Philosophy and Culture at CatholicUniversity last week. I am still reelingfrom the experience of hearing, seeing,and learning from so many of thebrilliant writers and theologianswhose work I’ve been reading foryears now, all addressing differentaspects of one of our central questions,is there a “common morality”,is there a language or mode ofthought in which persons of differentor no faiths can even argue about fundamentalissues of morality?These papers will be an extraordinaryresource, but if you have sometime, do yourself a huge favor andmake some time to watch some ofthose talks. This was really anincredible conference.”Surveying what he had wrought,Wagner summed up the hopes of all of theparticipants this way, “Perhaps we will findthat the papers presented here includeideas and concepts that travel; that can beavailable to people and concretely help insolving some of these pressing practicalproblems that we have.”That is certainly the hope of theleaders of the Catholic Church.Referring to Pope Benedict’s impendingvisit during his concluding remarks nearthe symposium’s end, Father O’Connellsaid he had no doubt that the Pontiffwould be pleased.“It will be my privilege to informhim that his idea and request of four yearsago have been fulfilled so well, thanks toall of you who are gathered here,” FatherO’Connell told the participants.The collected papers and proceedingsof “A Common Morality for theGlobal Age: In Gratitude for What WeAre Given” will be published in CatholicUniversity’s Journal of Law, Philosophyand Culture.“It will be my privilege to informhim that his idea and requestof four years ago have beenfulfilled so well, thanks to all ofyou who are gathered here,”Father O’Connell said.Spring–Summer 2008 / C UALAWYER 17

A N I N V I T A T I O N T O R E A S O NSymposiumSpeakersCardinal Angelo ScolaPatriarch of VeniceKeynote AddressThe Light of Moral InsightHadley ArkesAmherst CollegePlenary AddressThe Natural Law, the Laws of Reason,and the Distractions of HistoryMahmoud AyoubTemple UniversityPlenary AddressEnjoining the Good and Dissuading fromEvil: Social Morality of the Qur’anNicholas BoyleCambridge UniversityPlenary AddressGod, Sex and America:Decline of the Common MoralityJean Bethke ElshtainUniversity of ChicagoPlenary AddressCan War Be an Instrument of Justice?Rabbi Barry FreundelBaltimore Hebrew UniversityPlenary AddressNarrative Theme in Judaism:God’s Gift and Mindfulness ofEthical Duty as ResponseRobert GeorgePrinceton UniversityPlenary AddressNatural Law, God and Human RightsKevin HartUniversity of VirginiaPlenary AddressThe Sacred Text and EthicalConsciousnessStanley HauerwasDuke UniversityOpening Conversation: Avenues ofSymposium ReflectionWhy a Common Morality CannotProduce Good Character18CUALAWYER /Spring–Summer 2008

A N I N V I T A T I O N T O R E A S O NThomas HibbsBaylor UniversityPlenary AddressCreation, Gratitude and Virtue inThomas AquinasRev. Brian Johnstone, C.Ss.R.The Catholic University of AmericaPlenary AddressChristian Faith in Redemption,Source of Moral AttitudeLivia KohnBoston UniversityPlenary AddressBeing at One with Heaven and Earth:The Ethical Integration of Self, Societyand Nature in DaoismBradley LewisThe Catholic University of AmericaPlenary AddressRights Theory and Practice:Ancient and ModernGilbert MeilaenderValparaiso UniversityPlenary AddressRespect for Human Dignity as aFundamental Aspect of Moral ResponsibilityFrancis OakleyWilliams CollegePlenary AddressNatural Law in Medieval andEarly-Modern Europe:Seismic Activity and Shifting FoundationsRev. John PolkinghorneUniversity of CambridgeOpening ConversationAvenues of Symposium ReflectionThe Christian Belief in Creation and theAttitude of Moral AccountabilityJean PorterUniversity of Notre DamePlenary AddressNatural Right, Authority, and Power:The Theological Trajectory ofHuman RightsMichael SandelHarvard UniversityPlenary AddressMastery, Hubris and Gift:Biotechnology and the Human GoodKenneth SchmitzUniversity of TorontoPlenary AddressThe Capacity for Moral Insight asCultural AssetRev. William SchweikerUniversity of ChicagoPlenary AddressAccepting and Assigning Responsibilitiesfor Problems of InternationalEnvironmental HarmsRespondentsand PanelistsPatrick McKinley Brennan, M.A., J.D.John F. Scarpa Chair inCatholic Legal StudiesVillanova University School of LawRobert A. Burt, M.A., J.D.Alexander M. Bickel Professor of LawYale UniversityJoseph E. Capizzi, Ph.D.Associate Professor of Moral TheologyThe Catholic University of AmericaPeter J. Casarella, Ph.D.Professor of Catholic StudiesDePaul UniversityW. Cole Durham Jr., J.D.Professor of LawBrigham Young UniversityHeather Elliott, M.Phil., J.D.Assistant Professor of LawThe Catholic University of AmericaJohn Grabowski, Ph.D.Associate Professor of Moral TheologyThe Catholic University of AmericaR.H. Helmholz, LL.B., Ph.D.Ruth Wyatt Rosenson DistinguishedService Professor of LawUniversity of ChicagoRev. David Hollenbach, S.J.,M.Div., Ph.D.Margaret O’Brien FlatleyProfessor of Theology and Director,Center for Human Rights andInternational JusticeBoston CollegeCharles B. Jones, Ph.D.Associate Professor of Religious StudiesThe Catholic University of AmericaRev. Frank Matera, Ph.D.Professor of New TestamentThe Catholic University of AmericaKenneth J. Pennington, Ph.D.Kelly-Quinn Professor of Ecclesiasticaland Legal HistoryThe Catholic University of AmericaRev. James V. Schall, S.J., Ph.D.Professor of GovernmentGeorgetown UniversityDavid Solomon, Ph.D.Associate Professor of Philosophy andW.P. and H.B. White Director, Centerfor Ethics and CultureUniversity of Notre DameThera Katugastota UparatanaBuddhist ChaplainAmerican UniversityWilliam J. Wagner, J.D., Ph.D.Professor of Law and Director,Center for Law, Philosophy and CultureThe Catholic University of AmericaDavid Walsh, Ph.D.Professor of PoliticsThe Catholic University of AmericaPaul J. Weithman, Ph.D.Professor of PhilosophyUniversity of Notre DameRobert L. Wilken, Ph.D.William R. Kenan Jr. ProfessorUniversity of VirginiaRev. James Wiseman, O.S.B., Ph.D.Associate Professor of Theology andAssociate Dean for UndergraduateStudiesThe Catholic University of AmericaHolger Zaborowski, D.PhilAssistant Professor of PhilosophyThe Catholic University of AmericaSpring–Summer 2008 / C UALAWYER 19

S U P R E M E A D V I C EThe ThingsThat MatterBy Tom HaederleHis classmates predicted as far back as 1972 that a seat on the UnitedStates Supreme Court was in the cards for Samuel Alito Jr.United States Supreme CourtAssociate Justice Samuel A.Alito Jr. offered a uniqueparting insight to the Columbus School ofLaw’s newest graduates on May 23: America’smost cherished document — the Constitutionof the United States — is also handy as a generalroadmap to life.As commencement speaker for theColumbus School of Law’s graduating Class of2008, the high court’s most recent memberobserved that the “best Constitution the worldhas ever seen” is also one of the briefest at amere 4,600 words. And that, said Justice Alito,is because the Founding Fathers understoodwhat really mattered.“It is useful to go through the mentalprocess that the framers used to draft theConstitution. And that is to identify what isessential and permanent in our lives and to keepthose things in mind,” said Alito to the 272 classmembers who received their juris doctordegrees during the two-hour ceremony held atthe Basilica of the National Shrine of theImmaculate Conception. “This is importantbecause the things that call out most loudly forour attention on a daily basis are not necessarilythe things that are most important, the thingsthat matter the most in the long run.”20CUALAWYER /Spring–Summer 2008

S U P R E M E A D V I C E“The things that call out mostloudly for our attention on adaily basis are not necessarily thethings that are most important,the things that matterthe most in the long run.”Appointed to the Supreme Court in 2006 byPresident George W. Bush, Justice Alito continued themetaphor for the students, remarking that the FoundingFathers’ willingness to trust in human decency, and theirrefusal to attempt to micromanage national affairs via theConstitution, displayed an optimism that is also essentialfor a successful approach to life.“As you graduates leave here today, I hope that youhave this optimism and this openness to change becausewe live in a time of great change whether we like it or not,a time of change for our country and for our world andfor the way in which we live our lives on a daily basis andsurely for the legal profession,” he said. Justice Alito wasawarded the degree Doctor of Laws, honoris causa, byCatholic University prior to his commencement speech.Catholic University’s president, Very Rev. DavidM. O’Connell, also offered advice, insight and wellearnedpraise during the law school’s 119 th annualcommencement, held during a perfect spring dayunder sunny skies and gentle breezes.“Your intentions must be honorable. Your integritymust be beyond reproach. Your authenticity must shinebefore others. Why? Because that is what the Lord asksof you. That is his vision and his view of the person, ofthe Christian, of the lawyer that you are and must be,”said O’Connell.The address on behalf of the graduates was givenby Katherine Acuff, after an introduction by outgoingStudent Bar Association President Sean Murphy.On a picture-perfect spring day, nearly 300 graduatesin the Class of 2008 were ushered into the next phaseof their lives with encouraging words from theirdean and their commencement speaker.Spring–Summer 2008 / C UALAWYER 21

S U P R E M E A D V I C EReminding class members that “you have experiencedit all” during the past three years, Dean Veryl V.Miles listed many of the highlights in the building sincetheir law school careers began in 2005. Among them:• A moving plea for Middle East peace from the KingAbdullah II of Jordan.• An appeal for commitment to public service fromformer Maryland Lt. Gov. Michael Steele.• An explanation of the crisis in Darfur, Sudan, fromthe U.S. special envoy to that nation.• An assessment of civil rights progress in the UnitedStates from EEOC Chair Naomi Churchill Earp.• A visit to Catholic University from Pope BenedictXVI in April 2008.Dean Miles also lauded the students’ demonstratedcommitment to service to others, partly embodied bythe creation of the Legal Services Society and its maidenpro bono trips to the Gulf Coast in 2007 and 2008to assist the victims of the lingering damage ofHurricane Katrina.“I mean this from the bottom of my heart. I will missyou in the fall. We’re all going to miss you,” she said.The departing graduates made their feelings about their law school careers clear with a record-setting class gift. Combined with achallenge gift offer from Nell Hennessy, 1978, the Class of 2008 pledged nearly $72,000 for law school programs over the next five years.22CUALAWYER /Spring–Summer 2008

Graduating Students Rise to the ChallengeOnce again members of thegraduating class have madegifts and pledges to the lawschool programs of their choice as partof the Graduation Class Gift Program.This year, in recognition of the 30 thanniversary of her own graduationfrom law school, and in hopes of motivatingmore graduates to get in thehabit of giving back to the law schooleach year, CSL alumna and member ofthe Board of Visitors Nell Hennessy,1978, challenged the Class of 2008 inthe name of the Class of 1978 to reachat least 50 percent participation in their Graduation Class Gift. As anincentive, she pledged to contribute $10,000 if the class reached its50 percent goal. The Class of 2008 rose to the challenge with morethan 75 percent of students making agift or pledge. Their commitments,combined with the challenge gift, willresult in more than $71,839 for variouslaw school programs over the nextfive years and will set a new record forboth participation and dollars raisedfor a Graduation Class Gift.We extend our thanks to NellHennessy and the Class of 1978 forleading by example and also to theGraduation Class Gift LeadershipCommittee (left) for their hard workand dedication to making their class gift such a success. Below is alisting of those individuals who have made a special commitment tothe Columbus School of Law in celebration of their graduation.On behalf of the entire law school community, we thank you and wish you every success and happiness!Renee Abbott*Katie AcuffBarnard AkatuAnonymous (10)Chad AppelMegan Askew*David AstinSteven AyrRobert BaconCasey BatchelorRobin D. BeanMichael BekerKate BendickAnita BhatiaLauren BoucherSherry Brett-MajorMolly BrottmillerHolly BrownleyBrody BurksWilliam P. CannonLindsay CapodilupoEdward L. CardonaJoseph CarlsonChristina Caron*Cecilia Celeiro*Blessing V. ChimwandaCourtney ChristmanLauren ChristoperLeigh CoakleyCarrie Collier-BrownNancy Conneely*Ann Marie ConneryAllison L. CorleyAudrey CorsoJoseph CostelloTara CottrillCatherine CoughlinDaniel CreelJennifer CronenbergCourtney CrowleySean DalyJustin T. DanielAileen De LosRiosBrendan DelaneyPeter DennisDrew DercoJason DerrBriana Di BariBlair DickhonerCourtney DimlingJeffrey DobsonAndrew DonnellyWilliam DonovanKathryn DoughertyKevin M. DoughertyKaren DuquettePaul DurandElizabeth DurhamJohn DurkalskiSarah Dwyer-HeidkampMonika DyhouseMelody EatonEric EllerSean ElliottRobert D. EpsteinSuzanne EshelmanVictor FarrenJustin FaulbJacqueline N. FernandezKelly FerraroMeaghan FitzgeraldKyle Fralick*Lisa FranchiniBeth FrankShauna FraserLinden A. FrySean GardScott GavinSusan GibsonSusan GoldharMegan GreenParker GriffinJessica GroppePaul GurzoAdam HallJoseph HamilJennifer HanleyJoseph HansenKeisha HargoTed J. HarriesRobert HartLee HeffnerChristian HenelRachel HershKristine HeuwinkelStephanie HolmesJesse JachmanSamantha E. JacobsonDennis Jesinger*Tamika JonesChrissy JoyceKevin JoyceAlisa KarlsonsJacqueline KaufmanKelly C. KellerBryce KennedyNicoletto KennedyOmar KhawajaPaul M. KiernanOrisia KoutsAvanti KulkarniSarah F. LaceyEmily LambertNatalie LangfordMalcolm L. Langlois*Jillian LaudinBrian Chulwon LeeSondra LeeSusan LehmanAndrew LinAndrew LopezAnnie MacleanStephen C. MacLeodRebecca Magnone*Michael MarionJean MaronMichael G. McDonaldKristin McGoughBridget McVanNiknaz MoghbeliKatelin MoomanAshley Moore*Evan MorrisMatthew MorrisseyKeith Murphy*Sean MurphyZesahn K. MustafaAnn Marie PedersenMatthew PhelpsElizabeth Piper BachNoah PomateDarren PriceElizabeth PuglieseNatalie RastinJacob Ravick*Kathleen Reardon*Brian Reimels*2008 Graduation Class Gift Leadership Committee Members.This listing includes gifts and pledges made on or before May 19, 2008. All class gift participants will be acknowledged in our 2008 Annual Report of Donors.Scott RembrandtDerek RichmondMeghan RoachSarah RobertsTodd RouseJanice M. RyanJames RybickiSandra SafroMonica C. SandersNeil SchachterKaren SchandlerBenjamin SchusterPaula ShapiroYousuf SiddiquiSara G. SilvermanRachael SimonBrian G. SmithMaureen SmithCurtis SteuberIan StumpfKeith SullivanKristin SwitzerRashmee TadvalkarEllen TallericoMark ThompsonCatherine TobinStephen TobinBridget TomlinsonMaria TroulakisMarat UmerovAlexander UrbanTyler S. Van VoorheesTodd VassarMaren VeatchPatricia VeresinkVinh “Steve” VoAshley Vroman-LeeQun WangJacqueline S. WatsonJoseph WeidenburnerElanna WeinsteinKevin WellsAmanda West*Erica M. WhiteAndrew K. WichmanChristopher WieczorekErnst WilliamsStanley E. WoodwardTailei YuSpring 2003 / C UALAWYER 23

A TORTUROUS SystemRationality Deniedby Tom HaederleThe wave of mortgageforeclosures in 2008 hasreminded Americans ofthe dreaded prospect ofwhat it means to lose ahome. Imagine what it feelslike when your home is anentire nation, pushing andprodding you out the doortoward a threatening future.For years, the loomingthreat of deportation was adaily reality for David “Jeff”Ngaruri Kenney, 2007. TheKenyan-born former CUAlaw student spent yearsfighting an unwilling return to hishomeland, tied up by a nightmarishtangle of bureaucratic red tape, indifferentimmigration judges andOrwellian logic that nearly sent himhome to face possible execution.His first-person narrative is thoroughlyand, at times, depressinglydocumented in the book, AsylumDenied: A Refugee’s Struggle forSafety in America,published by theUniversity ofCalifornia Pressin March 2008.Co-written withGeorgetown LawCenter ProfessorPhilip G. Schrag,the book depictsthe flaws andcorruption at theheart of the U.S.asylum process.Kenney fledKenya in 1995after being arrested and nearly executedfor leading a peaceful protest againstthe government’s treatment of his fellowtea farmers.“I’m not one of those immigrantswho woke up in his own country andsaid, ‘I want a better life, I’m going togo to America.’ The idea was to havea good life in Kenya. If the governmentand I hadn’t disagreed, I wouldnever even have dreamed of comingto America,” said Kenney.In police custody, Kenney wastortured before managing to escapeto the United States. Upon reachingits shores, however, instead of safetyand freedom, he was plunged into anincomprehensible and hostile immigrationsystem.As recounted in the book, theDepartment of Homeland Security andfederal immigration courts employ asystem that is disquietingly random.Applicants are victims of “refugeeroulette,” their fates largely dependenton the sympathies of the governmentofficials who hear their cases.Like most asylum seekers, Kenneycouldn’t afford the right lawyer to navigatethe labyrinthine process wherelegal fees can sometimes top a milliondollars. Unlike most political refugees,however, Kenney eventually gotextraordinarily lucky.It occurred to him to apply foradmission to the Georgetown LawAP Photo/Ben CurtisA peaceful andprosperous life in hisnative Kenya wasenvisioned by DavidNgaruri-Kenney. Fatehad other plans for him.24CUALAWYER /Spring–Summer 2008

Center to quickly master the legalskills to represent himself. One of itsdeans responded with a gentle realitycheck, instead directing Kenney toGeorgetown’s immigration law clinic.There, he was introduced to hiseventual co-author Professor PhilipSchrag, who took up his cause andbecame a tireless pro bono advocateon Kenney’s behalf. Together, theyspent countless hours filing papers,attending hearings and arguing hiscase before stone-faced judges.As it happened, Schrag’s wife isCUA law professor Lisa Lerman, thendirector of the school’s Law andPublic Policy Program. She encouragedKenney to apply to the program.He was accepted and enrolled in theColumbus School of Law, where helater met his wife, Melissa Kenney,2007. For the first time, the Kenyanasylum seeker had allies in his fight toremain in America, but the tide stilldidn’t turn overnight.Melissa Ngaruri Kenney recalled“I remember the 4 th Circuit appealshearing in January 2004, when the[immigration] judges were first hearingPhil. And I just remember lookingat their faces, particularly one judgewho had the strongest look of disguston his face I’d ever seen. I just knewthey weren’t going to let him in.”Complicating Kenney’s struggle toavoid deportation was an act of brotherlylove. Ignoring the danger to himself,Kenney slipped back into Kenyabriefly to help free his own brother, whohad also been caught up by governmentforces for his political activism. Hesucceeded in removing his brotherfrom danger and then returned to theUnited States. In a mind-bending twistof logic, an immigration judge later heldthe act of salvation against Kenney, citinga point of immigration law that stipulatesthat any asylum seeker who voluntarilyreturns to the country of hispersecution has forfeited his right tosanctuary in America.For the Ngaruri-Kenney family, the normal stresses of law schoolpaled in comparison to the fight to avoid deportation.“Because I did that, the judgesaid ‘That was a good deed, but I’mgoing to punish you for it,’” saidKenney.In a decision that is now infamousin the immigration legal community,the 4 th Circuit Court orderedKenney deported. He was forced todisrupt his legal studies to complywith the order and barred from returningto the United States for 10 years.After exhaustive and harrowing effort,detailed in “Asylum Denied,” theNgaruri-Kenneys and attorney Schrageventually succeeded in removing thedecade-long banishment from America.Kenney was allowed to return toresume his classes at CUA law. Hehas still not won the case for permanentresidency.Today, the Ngaruri-Kenneys livein suburban Maryland and are the parentsof a son, Mackenzie. Davidworks for the Montgomery CountyState’s Attorney’s Office and Melissais with Patrick Hoover Law Offices, aboutique firm that focuses on educationand juvenile law. Writing the bookreopened a painful and terrifying chapterin the Ngaruri-Kenneys’ lives, andboth hope that the story will openAmerican eyes about the vagaries ofthe nation’s immigration laws. “Policymakers are a little bit shackled,though, by the fact that they really dorely on their constituent’s opinions ofimmigrants,” notes Melissa.Still, they believe the effort wasworth it. “At the very least,Mackenzie has got to know his dad’sstory. He’s got to know what we wentthrough and how lucky we are to haveJeff back with us,” reflects Melissa.Spring–Summer 2008 / C UALAWYER 25

COLLEGIAL AppreciationDobra RobotaIn Polish, the words “dobra robota”mean “good job.” In recentmonths, The Catholic University ofAmerica and two of its law school facultymembers have been recognizedby leading Polish universities for theirsignificant contributions to developingjoint educational programs betweenthe United States and Poland.CUA Awarded MerentibusMedal by JagiellonianUniversityThe Jagiellonian University inCracow, Poland, has awarded TheCatholic University of America itsMerentibus Medal in recognition ofthe innovative professional contributionsmade to it by the ColumbusSchool of Law.The medal especially honors thesuccess of the historic cooperativeagreement struck in the summer of2000 between the Columbus Schoolof Law and the law faculty ofJagiellonian University to establish ajoint certificate program in AmericanLaw Studies in Cracow.Under the arrangement, membersof the CUA law faculty teach aseries of intensive one-and two-weekcourses at the Jagiellonian Universityeach year, introducing Polish law studentsto the structure of America’slegal system and profession. The programrepresents a model of cooperationbetween universities committedto understanding and participating inthe internationalization of the world'slegal order.The Merentibus Medal alsoacknowledges the vital professionalcontributions of individual CUA lawprofessors, people who have forgedrelated legal programs and ties withthe Jagiellonian University. Theyinclude Rett Ludwikowski for directingthe 18-year-old Summer LawSchool Program in Cracow, whichestablished the first cooperationbetween the two schools; GeorgeGarvey for establishing the AmericanLaw and LL.M. programs there;Catherine Klein for her work in establishingJagiellonian’s legal clinics; andLeah Wortham for her contributionsto these ventures, as well as her supportof many Jagiellonian facultymembers and students.Professor Wortham was individuallyhonored by receiving the WithMerit to Jagiellonian UniversityMedal, conferred to her on June 28,2008, during the same ceremony thatbestowed the Merentibus Medalupon Catholic University.“Jagiellonian University is one ofEurope’s most prestigious universities,and its faculty of law is consideredone of the finest in the world,”remarked Very Rev. David M.O’Connell, C.M., president of CUA. “Iam most grateful to the rector andsenate for their generous tribute toCUA and Professor Wortham.”Jagiellonian University alumniincludes Renaissance scientist NicholasCopernicus and Pope John Paul II. Inaddition to its excellent academicprograms, it hosts numerous internationalconferences every year.Leah Wortham — With Merit toJagiellonian University MedalProfessor Leah Wortham hascome to know as much as any lawprofessor in America about how tosuccessfully administer multi-nationallegal education. She began workingwith Jagiellonian University in 1996,when she teamed with faculty“Jagiellonian University is one ofEurope’s most prestigious universitiesand its faculty of law is considered oneof the finest in the world,” remarkedVery Rev. David M. O’Connell, C.M.,president of CUA.The partnership between CUA Law andits counterpart in Cracow is a model forbi-national legal education.26CUALAWYER /Spring–Summer 2008

Leah WorthamRalph Rohnercolleague Catherine Klein to help itestablish the first successful clinicalprogram in central Europe and onlythe second in the entire formerSoviet sphere. Wortham directs theColumbus School of Law’s AmericanLL.M. (Master of Laws) Program inPoland, offered in conjunction withJagiellonian University since 2004, aswell as CUA’s American LawCertificate Program at the university.Wortham has also taught comparativelegal ethics in CUA’s summerprogram in Cracow.Despite her deep engagementwith Jagiellonian University, she wasnonetheless taken by surprise by herselection as the 2008 recipient of itshighest individual honor.“I must say I’m a little stunnedbecause I had no idea,” saidWortham. She was notified of theuniversity’s selection by herJagiellonian University counterpartand co-administrator of the LL.M.program, Filip Wejman. The medal isawarded by the university’s senate onthe rector's initiative. It is intended torecognize people who have actedwith “extreme merit” on behalf of thevenerable Polish University, one of theoldest in Europe. The award of themedal is recorded in the university’sBook of Merits.Often working with faculty fromJagiellonian University, and with thebacking of several legal andnongovernmental organizations, shehas trained dozens of lawteachers and studentsoutside the United Statesin the intricacies of legalethics, clinical educationand legal educationreform. Since 2003, shehas been a member ofthe advisory board to thePolish Legal ClinicsFoundation and since2006 has served in thesame role to the Russian ClinicalEducation Foundation.Ralph Rohner — TricentennialMedal of AppreciationSuccessful collaborations beginwith someone who sees possibilities.For the University of Wroclaw, thatsomeone was Catholic University lawschool professor and former deanRalph Rohner, who pushed hard toensure that the central European lawschool was not shut out from the benefitsof the collegial relationships thatbloomed between law schools of theEast and West following the fall of theSoviet Empire.In the early 1990s, the ColumbusSchool of Law was among the veryfirst American law schools to participatein the Central and East EuropeanLaw Initiative, which became possiblein the wake of the rollback of communism.Under the guidance of the ABA,CEELI arranged and supported newsister-school relationships betweenAmerican and Polish law schools.Catholic University was officiallypartnered with the University of Lodz.But when then-Dean Rohner visitedPoland in 1992 to co-found CUA’ssummer program in Cracow and meetwith University of Lodz officials, a thirdgoal was added to the trip’s agenda.CEELI officials asked the CatholicUniversity delegation to pay a visit tothe University of Wroclaw as well, tohelp assess its potential for participatingin the new CEELI program exchanges.“We first met Dean Bojarski onthat trip, and visited with his faculty.We recommended heartily to CEELIthat the University of Wroclaw shouldbe invited in the next round ofexchanges,” recalls Rohner.For his invaluable help in opening the door for increased professionalcollaboration with the West, and for his long history of working tostrengthen ties between Polish and American legal educators in general,Rohner was awarded the Tricentennial Medal of Appreciation.The two deans have been friendsever since, even visiting each others’homes. Bojarski has since beennamed president of the University ofWroclaw.For his invaluable help in openingthe door for increased professionalcollaboration with the West, and forhis long history of working tostrengthen ties between Polishand American legal educators in general,Rohner was awarded theTricentennial Medal of Appreciation bythe University of Wroclaw on Jan. 6,2008. Recognizing his “involvementin strengthening American-Polish educationalcollaboration,” the medal wasawarded to Rohner at a CUA lawalumni reception held in conjunctionwith the Annual Meeting of theAssociation of American LawSchools. It was presented by noneother than his old friend, MarekBojarski.Spring–Summer 2008 / C UALAWYER 27

THE CHANGINGWorkplaceTough CallOne of the mainmessages of the bookis that every case has toturn on the details ofthe facts involved.The book has stirred up interest bythe media. Professor Goldman hasbeen interviewed about his subjectby U.S. News & World Report,National Public Radio and others.Nearly everyone will come upagainst a confounding ethicalsituation sometime during theirworking life. The choice can be easy— it’s never acceptable to steal, forexample — but other times, evenwell-meaning people can trip overmorally ambiguous circumstancesthat defy an obvious decision. The“right” course of action isn’t alwaysan open-and-shut case.Stephen Goldman, a distinguishedlecturer at CatholicUniversity’s Columbus School of Law,examines such workplace dilemmasin his recently published book,Temptations in the Office — EthicalChoices and Legal Obligations,(Greenwood/Praeger, 2008).A former partner at Kirkpatrick &Lockhart LLP, Goldman is counsel atSands Anderson Marks & Miller, P.C.,in its McLean, Va., office. Goldmanreceived his J.D. with honors from theUniversity of Michigan Law School andhis Doctorate in Political Philosophyand Ethics from Oxford University,where he was a Ford Foundationscholar. He has served as a BigelowFellow at the University of ChicagoLaw School and clerked for JusticeJohn Paul Stevens when he was amember of the United States Court ofAppeals for the Seventh Circuit.Goldman has practiced law formore than 15 years, working primarilyon complex civil litigation matters.He has also served as president of acompany in Denver and taught businessstrategy and law-related coursesat the business school of theUniversity of Colorado at Denver. Hespoke with CUA Lawyer after thepublication of his book.CUA Lawyer: WHAT WAS YOUR MOTI-VATION FOR WRITING TEMPTATIONS IN THEOFFICE?Goldman: I wanted to write this bookfor two reasons. First, most discussionsabout ethics in business fail toaddress how a manager should goabout thinking about ethics, that is,what considerations should go intomaking a choice. Second, many managersdon’t have a clear idea aboutwhere ethical problems in the workplaceimplicate legal consideration andwhere they don’t. I hoped that thebook would help in both these regards.I want managers to have some guidancefor creating ethical flourishinguniverses in their companies.CUA Lawyer: HAS THE WORKPLACEBECOME TRICKIER TO NAVIGATE IN RECENTYEARS, IN TERMS OF THE KINDS OF “GRAYAREA” SITUATIONS EMPLOYEES MAY BECONFRONTED WITH? HOW WELL DO MOSTMANAGERS AND EMPLOYEES HANDLE DIFFI-CULT CHOICES?Goldman: I think that situations havebecome trickier. It used to be thatracial and gender stereotyping wassimply something minorities andwomen had to live with. Sexualharassment flourished under theguise that “boys will be boys.” Notonly has the law become dramaticallymore involved in these areas in thelast few decades, but sensibilitiesabout what is OK and what is not OKhave changed significantly.CUA Lawyer: YOU BEGIN ANDCONCLUDE THE BOOK WITH THE FICTION-AL, BUT QUITE PLAUSIBLE, STORY OF ASALESMAN FACING TERMINATION FOR28CUALAWYER /Spring–Summer 2008

In our own eyes, we arethe people we arebecause of the kinds ofethical choices we make.Professor Stephen Goldman has worked in the private sector long enough to noticeproblems in how business ethics are taught or even thought about.UNDERPERFORMANCE. HIS COLLEAGUESLEARN THAT HIS WIFE IS DYING, AND ARESPLIT OVER WHETHER TO FIRE HIM OR SHOWMERCY BECAUSE OF HIS PERSONAL SITUA-TION. WHAT PRINCIPLES SHOULD GUIDE AGOOD MANAGER IN RESPONDING TO A SITU-ATION LIKE THAT?Goldman: There’s no touchstone thatwill resolve all issues. Indeed, one ofthe main messages of the book is thatevery case has to turn on the detailsof the facts involved, and how wellthe management’s past choices haveplayed in what I call the organization’songoing conversation. At the level ofprinciples, however, a manager in thesituation has to balance the organization’sbottom line, the right of an individualemployee to be well treated,and how the decider will feel abouthimself or herself when looking in themirror the next morning. In our owneyes, we are the people we arebecause of the kinds of ethical choiceswe make.CUA Lawyer: IN ANOTHER COMPELLINGEXAMPLE, YOU PRESENT THE CASE OF AMAN WHO INVITES MANY WORK FRIENDS TOA WEEKEND PARTY AT HIS HOME, WHILEPOINTEDLY EXCLUDING AN INDIAN-BORNCOLLEAGUE NAMED SANJAY. THIS DOESNOT MEET THE LEGAL DEFINITION OF JOBDISCRIMINATION, BUT IT POSES ETHICALPROBLEMS. WHAT MESSAGE DOES THISBEHAVIOR SEND AND WHAT IMPACT DOES ITHAVE IN THE WORKPLACE?Goldman: The message is simple.Racial or ethnic stereotyping — and Imight add gender stereotyping — hasno place in a flourishing ethical environment.Even where the law isn’tinvolved, management should havea zero tolerance policy for suchconduct.CUA Lawyer: HAVE WE AS A NATIONBECOME OVERLY FOCUSED ON THE LAWSTHAT REGULATE THE WORKPLACE, WHILENEGLECTING TO CONSIDER THE ETHICALIMPLICATIONS OF OUR CHOICES?Goldman: I think it’s always easy tofall back on the law. In lots of casesit’s a way people can avoid appearingtoo judgmental. But that’s not thewhole story. Our culture has reallychanged in my lifetime. Many kinds ofconduct — and I am not just referringto racial and gender discrimination —that were common in the mid-20 thcentury now make most people flinch.CUA Lawyer: CLEARLY, A CHIEF AIM OFYOUR BOOK IS TO GET PEOPLE TO STARTTHINKING ABOUT WORKPLACE FAIRNESS ANDJUSTICE. WHAT LESSONS OR CONCEPTS DOYOU HOPE YOUR READERS DRAW FROMREADING TEMPTATIONS IN THE OFFICE?Goldman: I call the conclusion to thebook “Face the Facts, Tell the Truthand Run on Time.” I first heard thismantra as the key to running a railroad.If you take “Run on Time” toexpress a railroad’s commitment to itscustomers, it’s a metaphor for all businessesto honor their commitments. Ithink this sums it up. If you don’t hidefrom facts, even unpleasant ones, ifyou relentlessly live by rule of integrity,and if you keep your commitments,you’ll be on the road to creating andmaintaining what I call a flourishingethical community.Spring–Summer 2008 / C UALAWYER 29

TransitionsAn Influx of Talent2008 Faculty Additions at the Columbus School of LawCatholic University’s law schoolis pleased to welcome threeadditions to its distinguishedfull-time faculty and several individualswho will be visiting facultyand scholars-in-residence for the2008–2009 academic year. Theirbroad range of experience andexpertise ensures that students willcontinue to benefit from the talentsof some of the best practitioners inlegal education.CUA’s NewestFull-time FacultyMary G. LearySometimes the fitjust works. ProfessorMary Leary originallyjoined the ColumbusSchool of Law as anassistant visiting professorfor the 2006–2007 academic year. It was soonapparent to both sides, however, thata more permanent arrangementwould be a good idea. Leary’s engagingteaching style has been a hit withstudents, and her legal expertise inthe issues surrounding child sexualabuse has been in demand by suchnational media as CNN, which hasfeatured her as a source on the topic.Leary served as director of theNational Center for Prosecution ofChild Abuse.The latter organization is one ofthe nation’s leaders in the fightagainst child abuse. It provides trainingand research support for childabuse professionals in such areas asphysical and sexual abuse, humantrafficking, prostitution and otherareas. As the former director, Learywas an advocate for children across awide spectrum of activities, includingwriting articles, editing amicus briefs,supervising a support staff of attorneysand overseeing a $1.6 millionbudget. She remains involved in children’sadvocacy today.Leary is a former assistant U.S.attorney (2002–2004), a former associatein the Boston law firm of Hanify& King, and served as deputy chief ofthe domestic violence unit for theMiddlesex County District Attorney’sOffice in Cambridge, Mass. (1998–2001).Early in her career, Leary clerkedfor the Hon. Sue L. Robinson in theU.S. District Court for the District ofDelaware.Roger ColinvauxStudents who learnanything about nonprofittax law fromRoger Colinvaux willbe getting their informationstraight fromthe source, as heauthored many of Congress’ recentchanges to laws affecting tax-exemptorganizations.In his most recent position aslegislation counsel to Congress’ JointCommittee on Taxation, virtually anythingto do with charities and othernonprofits landed on his desk.Colinvaux is an expert on tax mattersrelating to tax-exempt status, charitablecontributions, the unrelated businessincome tax, political activities,tax shelters involving nonprofits, andprivate foundations, among others.He is also a former adjunct professorat the Georgetown University LawCenter, where he taught about thepolitical and lobbying activities of nonprofits.In addition, Colinvaux is theupcoming chair of the ExemptOrganizations Committee of the taxsection of the D.C. Bar.Colinvaux earned his J.D. fromthe Indiana University School of Law-Bloomington and his B.A. fromConnecticut College. He also holds aMaster's Degree in Politics fromOxford University (Merton College)where he wrote about constitutionallaw. After law school, he clerked at theIndiana Supreme Court for the Hon.Theodore R. Boehm and afterwardwas a tax associate at Arnold andPorter. Colinvaux is a frequent speakerand presenter at legal conferencesand has been referred to as a "policymaker" by Tax Notes Magazine. Hisresearch interests include the role ofnonprofits in society and how the lawsthat affect tax exemption and charitablegiving foster or frustrate that role.Amanda Cohen LeiterIt is not unusual forpeople with diverseprofessional backgroundsto ultimatelyfind their way to lawschool, but AmandaCohen Leiter’s M.S.degree in oceanography surely setsher apart from most other legal educators.Add to that a second master’sdegree in civil engineering, a B.S.degree in biology and a FulbrightFellowship to study in Denmark, andyou’ve got a law professor whostraddles an unusually broad range ofdisciplines.30CUALAWYER /Spring–Summer 2008

After all, how many law professorscould author articles such as“Environmental Insurance: Does itDefy the Rules” and “PlanktonDynamics in the Southern KattegatPycnocline”?A Harvard Law School graduatecum laude in 2000, where she wasmanaging editor of the EnvironmentalLaw Review, Leiter was most recentlya visiting associate professor of lawat Georgetown Law Center.She clerked for the Hon. NancyGertner of the Federal District Courtfor the District of Massachusetts, theHon. David Tatel of the D.C. CircuitCourt of Appeals, and Justice JohnPaul Stevens of the United StatesSupreme Court. After clerking, shespent two years as a clean air litigatorat the Natural Resources DefenseCouncil before beginning her appointmentat Georgetown. Her researchinterests include administrative lawand process and environmental lawand policy.Visiting Faculty andScholars-in ResidenceDonna Coleman GreggIt could be that lawstudents pay just abit more attentionwhen they discoverthat their instructor isalso a very recentpractitioner. DonnaColeman Gregg’s practice was withinthe White House Office of Scienceand Technology Policy, where sheserved as senior policy adviser toRichard M. Russell, the U.S.Ambassador to the 2007 World RadioCommunication Conference. Gregg’srole was to advise and informAmbassador Russell about necessarytechnological updates within the regulatoryframework for managinginternational use of radio frequencyspectrum for systems and servicessuch as future generation wirelessbroadband, satellite communications,military radars, and cell phones.Gregg is a former chief of themedia bureau at the FCC(2005–2007) and a former vice presidentof legal and regulatory affairsand general counsel at theCorporation for Public Broadcasting.Her private practice experienceincludes more than ten years as apartner at Wiley Rein & Fielding,where she provided regulatory andbusiness advice to large national andinternational media and telecommcorporations. In 2006, Gregg was recognizedwith the Touchstones ofLeadership Award for Public Service,awarded by Women in CableCommunications.Gregg brings her wide-rangingexpertise to the Columbus School ofLaw to serve as communicationsscholar-in-residence in the fall of 2008and as a visiting associate professorin the spring of 2009. She will teachcourses in the communications lawstudies program and assist ProfessorDavid Irwin, director of the Institutefor Communications Law Studies, inexpanding curricular and programmaticofferings in the communicationslaw certificate program. Greggwill also serve as an adviser toCommLaw Conspectus: Journal ofCommunications Law and Policy.Her work has been published inlegal and telecommunications journalsand publications throughout hercareer. She plans to pursue her scholarlyresearch agenda in the areas ofinternational telecommunications andmedia regulation and policy duringthe academic year.Marc O. DeGirolamiLaw students appearto like MarcDeGirolami’s teachingstyle. His evaluationsfrom students havebeen consistentlyhigh at Columbia LawSchool, where he has taught first-yearlegal research and writing asan associate-in-law since 2007.DeGirolami is currently a J.S.D. candidateat Columbia Law School himself,having already earned an LL.M. fromthat school, as well as his J.D. fromBoston University School of Law.Previous employment includestime as assistant district attorney withthe Appeals Bureau of MiddlesexDistrict Attorney's Office, Cambridge,Mass.; as law clerk for the Hon. JeromeFarris, U.S. Court of Appeals for theNinth Circuit; a second clerkship withthe Hon. William E. Smith, U.S. DistrictJudge, U.S. District Court for theDistrict of Rhode Island; and a period asan associate with Sullivan & WorcesterLLP, Boston.DeGirolami’s authorship includes“Recoiling from Religion,” 43 SanDiego L. Rev. 619 (2006); “The NewReligious Prisons and Their RetributivistCommitments,” 59 Arkansas L. Rev. 1(2006); and “Congressional Threats ofRemoval Against Federal Judges,” 10Texas J. on Civil Liberties & Civil Rights111 (2005).DeGirolami joins the ColumbusSchool of Law as a visiting assistantprofessor and scholar-in-residence.Megan La BelleMegan La Belle isnot new to CUA lawstudents. As a lecturerin intellectualproperty law, shehas taught AdvancedTopics in Patent LawSpring–Summer 2008 / C UALAWYER 31

for a number of years.LaBelle is a litigation associatewith the Los Angeles-based firm ofMunger, Tolles & Olson LLP. Prior tojoining MTO, she served as a lawclerk to the Hon. Stephen S. Trott onthe U.S. Court of Appeals for theNinth Circuit and for the Hon.Margaret M. Morrow on the U.S.District Court for the Central Districtof California.La Belle attended the Universityof California, Davis School of Law,where she was the senior notes andcomments editor for the U.C. DavisLaw Review and was selected to theOrder of the Coif. Since joining MTO,she has practiced in several areas ofcommercial litigation, including intellectualproperty, consumer classactions, entertainment, securities andantitrust.Le Belle is the author of “TheRootkit Debacle: The Latest Chapter inthe Story of the Recording Industryand the War on Music Piracy,” Denv.U.L. Rev. 2006. She will serve as a visitingprofessor and scholar-in-residenceat the Columbus School of Law.Brian J. LeskeThe classroom may prove to be atranquil oasis for Brian Leske, comingas he recently does from the roughand-tumbleworld of presidential politics.Leske served as homeland securityand legal policy director to theRomney for President campaign thatchallenged for the 2008 Republicanpresidential nomination. He wasresponsible for briefing and advisingthe Massachusetts governor onmany policy areas, including homelandsecurity, immigration, criminaland civil justice reform, technologyand legal policy.Prior to joining the campaign,Leske served as Gov. Romney’s chiefand deputy chief legal counsel in theState House. Before joining thegovernor’s office, he served in theU.S. Department of Justice as anassistant U.S. attorney in the Anti-Terrorism & National Security Unitand in the Appeals Unit in Boston.Leske also has worked as an inhouseappellate counsel for MCIWorldCom and as an associate specializingin appellate and SupremeCourt litigation for Washington, D.C.-based Steptoe & Johnson, LLP.A two-time Hawaiian IronmanTriathlon finisher, Leske is a foundingboard member of Teardrops toRainbows, a nonprofit organizationdedicated to helping children withcancer.Leske is a graduate ofDartmouth College and theGeorgetown University Law Center,and comes to CUA’s law school as avisiting professor and scholar-inresidence.Tammy W. SunSpeaking of her time as an attorneyfor the Southern Center for HumanRights, Tammy Sun told a reporter forNational Public Radio’s MorningEdition in 2001 that “We certainly arenot here for the money.” The YaleLaw School graduate chose to forsakebig-firm salaries to defend theindigent, litigate for improving confinementconditions and advocate forreforming the juvenile justice systemin the state of Georgia.A deputy public defender inSalem, Oregon’s Office of PublicDefense Services since 2002, Sunhas assisted indigent defendants indirect appeal of felony cases in theOregon appeals courts.She has also served as a justicefellow at the National Association forPublic Interest Law. Sun is a formerclerk for the Hon. Reginald Lindsay,U.S. District Court in Boston, and wasa litigation associate with Davis Polk& Wardwell in New York City.Sun will contribute to CUA Lawas a visiting assistant professor andscholar-in-residence. Her prior classroomexperience includes teaching acourse on evidentiary issues involvingchild witnesses at the Wayne MorseCenter, University of Oregon Schoolof Law.Ngai PindellProfessor Pindellcomes to CUA Lawas a visiting assistantprofessor from thefar west, where he isa tenured associateprofessor in theWilliam Boyd School of Law, theUniversity of Las Vegas.He is not new to the area, however,having supervised law studentsduring the late 1990s in a communitydevelopment clinic at the Universityof Maryland School of Law inBaltimore. During that time, Pindellplanned and taught a communitydevelopment clinic course for second-and-thirdyear students that coveredcorporate formation and governance,land use, real property transactionsand community developmentissues.A frequent presenter at professionalpanels and a media resourceon the issues of land use and growthmanagement, Pindell is also theauthor of law review articles including“Developing Las Vegas: CreatingInclusionary Affordable HousingRequirements in DevelopingAgreements,” 42 Wake Forest L.Rev. 419 (2007) and “Finding a Rightto the City: Exploring Property andCommunity in Brazil and in the UnitedStates,” 39 Vand. J. Transnat’l L.435 (2006).Pindell earned his J.D. degreefrom Harvard University, where heserved as executive editor of theHarvard Black Letter Journal.32CUALAWYER /Spring–Summer 2008

FarewellFour professors have also concludedtheir service with theColumbus School of Law at the end ofthe 2007–2008 academic year. Theydepart with the best wishes of agrateful law school. Each facultymember made a unique and positivecontribution to the educational experienceat CUA, and all will be missed bystudents and colleagues.At a farewell brunch on May 18,Dean Veryl Miles and members of thefaculty gathered to thank them fortheir service and dedication to the lawschool community. In her remarks, thedean made a point of noting somethingoutstanding about each professor’saccomplishments that endearedthem to the CUA law community.Helen AlvaréProfessor HelenAlvaré was recognizedfor her generousparticipation andinsight on many programsat the lawschool exploringCatholic Social Teaching and Churchdoctrine regarding family and the dignityof human life. For many years,Professor Alvaré served as adviser tothe law school’s Advocates for Lifestudent organization. She also servedas the professional faculty representativeto the Board of Trustees andthe University Senate.Heather ElliottProfessor HeatherElliott served as facultyadviser to severalstudent organizationsand activitiesincluding theEnvironmental LawSociety and the Environmental Lawand Sutherland Cup Moot Court competitions.She was also acknowledgedfor being a contributing organizerto the law school’s LisbonInitiative for Portuguese andAmerican Legal Dialogue. During herteaching career at CUA, ProfessorElliott made a point to have time toenjoy a cup of coffee with each andevery one of her students! It was nosurprise that she was elected by theClass of 2008 as class marshal.Peter “Bo” RutledgeProfessor Peter“Bo” Rutledge, alsoa special favoriteamong the students,was elected Professorof the Year in 2004,2005, 2006 and2007. During his time at CUA, hemade many contributions includingthe establishment of the law school’sjudicial clerkship program. He alsoserved as adviser, coach and mentorto the CUA teams that competed inthe Vis International Arbitration Mootin Vienna, Austria. Professor Rutledgepersonally helped to raise privatefunds to underwrite the competitioncosts.Nerissa SkillmanProfessor Nerissa Skillman wasthanked for her assistance in thedevelopment and implementation ofthe law school’s first academicsupport program and in helping withthe redesign of its tutorial program.She was acknowledged for theindividualized assistance she providedto numerous students and graduatesto enhance their bar examinationpreparation.“No duty is more urgent than that of returning thanks.”— St. AmbroseSpring–Summer 2008 / C UALAWYER 33

JUDICIAL ReachOpera and Law:Two Forms of Theater“I fight with an attorney, get spit uponand hide behind a small flower potwhile advancing to the garden, as well asbringing tea, heart pills, cosmetics, coats,hats and canes,” Judge Smith summarizes.It’s all in a day’s work for the Hon. Loren Smith,senior judge, United States Court of FederalClaims.“I fight with an attorney, get spit upon and hidebehind a small flower pot while advancing to thegarden, as well as bringing tea, heart pills, cosmetics,coats, hats and canes,” he summarizes.Of course, none of the above incidents actuallyoccurred in his courtroom, or in his classroom as adistinguished lecturer at the Columbus School ofLaw. Rather, Judge Smith’s eclectic activitiesunfolded onstage, after he exchanged his robes fortheater makeup in his role as Major Domo, thefaithful servant to Don Pasquale in GaetanoDonizetti’s opera of the same name.It began with an invitation from a friend whohad the starring role, who in turn invited Smith toconsider the multi-faceted role of Major Domo. “Heassured me no singing was required, that only mycomic talents (he must have read some of my opinions)were required,” Smith recalled. The judgeagreed, believing that it was little more than a walkonpart. As it turned out, he was obliged to beonstage for every act.With more than 20 years under his belt —including a stretch as chief judge — on one of thenation’s most historic and prestigious federalcourts, Judge Smith is used to stellar performancesand rapt audiences. Normally, however, themost Oscar-worthy utterances come from thelawyers that appear before him. For the wellrespectedjudge to leap over his bench, as it were,and place himself in a position where opera fanscould judge him amounted to a heady walk on thetightrope.“As a judge you can find people who misbehavein court in contempt. On stage I was the onefacing possible contempt! A humbling experience,Swapping his judicial robes for the clothes of avalet to an Italian nobleman, Judge Loren Smiththoroughly enjoyed his turn as a character actorin community theater.34CUALAWYER /Spring–Summer 2008

Something of aRenaissance man,acting is among the latestof Judge Smith’s part-timepursuits. He is also a cigaraficionado and participatesin a monthly discussionclub of topics in the news.beneficial to the soul of every judge,”says Smith.Don Pasquale, a light romanticcomedy set in early 19th centuryRome, was staged for three performancesin May 2007, by the OperaCompany of Northern Virginia, anArlington-based professional companythat has offered operatic productionsto area fans since the 1960s.Judge Smith has always displayedan ease with audiences. In 1972 heserved as host of a nightly radio talkshow called “What’s Best forAmerica?”, and two years before thathe ran for the Illinois General Assemblywith the endorsement of the ChicagoTribune. He has spoken and appearedon TV and radio in two dozen countrieson behalf of the United StatesInformation Agency and other groups.Still, the lack of shyness does not necessarilyequate to great acting. Butwhen the opportunity arose to debut ina rather substantial operatic role, thejudge’s deliberations were brief and hisverdict swift: yes.“Major Domo is quite elderly andhas worked for Don Pasquale for 50years,” Smith explains. “I appear inabout 15 separate actions in all fivescenes. In most of them my role iscomic, but one is sad and emotional.”As an added bonus, thescript even offered up the judge aWalter Mittyesque fantasy of meneverywhere. “I actually dance withthree women who briefly fight over mein the last scene of the opera!”The theater critic of theWashington Post was impressed bythe jurist’s opera debut, writing on May22 that “Loren Smith, senior judge ofthe U.S. Court of Federal Claims, wasa scene stealer as a silent, slowly shufflingfactotum.” Despite his apparentnatural flair for acting, the judge drewthe line at attempting arias, duets orbel cantos. “I do not sing a word, not anote,” he reassured the friends heinvited to the performance, “otherwise,Northern Virginia music loverswould be out picketing!”Judge Smith’s sudden ascent tothe stage is not out of character. Hiscareer has been marked by creativeand unusual turns. Appointed a judgeof the United States Court of FederalClaims in 1985, he is one of 16 juriststo serve on the court. The judges areappointed by the president and subjectto confirmation by the U.S. Senate forterms of 15 years. The United StatesCourt of Federal Claims is sometimesreferred to as “the People’s Court,”because it exists to put the federalgovernment on the stand as the defendantwhile it is sued by citizens seekingmonetary redress. In recent years, thecourt’s docket has been characterizedby complex and high profile cases insuch areas as the savings and loan crisisof the 1980s and the World War IIinternment of Japanese-Americans.Judge Smith served as chairman of theAdministrative Conference of theUnited States from 1981 to 1985.During his tenure as chairman, he wasa member of the President’s CabinetCouncils on Legal Policy and onManagement and Administration.He is a prolific teacher of the law,having served as an adjunct professorat most of the Washington, D.C.-arealaw schools at one time or another.Judge Smith is a member of theColumbus School of Law Board ofVisitors, and his distinguished legalcareer and contributions to teachingwere recognized by the presentation ofthe Presidential Medal by The CatholicUniversity of America in 1993.Judge Smith’s moonlighting onthe stage does not threaten to cutshort his stellar bench career. He isquite content to do both should futureroles come his way. In fact, he seemsrather pleased at the incongruity of theactor by night. And he cannot help butmuse about his dream role.“I would like to play oppositeeither Sharon Stone or PamelaAnderson in a romantic adaptation ofLord of the Rings. I have also thoughtof playing Pavarotti, since I have abeard and am fat,” he laughs.Judge Smith’s moonlighting on the stage does not threatento cut short his stellar bench career. He is quite contentto do both should future roles come his way.Spring–Summer 2008 / C UALAWYER 35

FACULTY NewsProfessional ActivitiesProfessors Margaret Barry, CatherineKlein and Faith Mullen all played prominentroles as panelists and presenters at theAALS Conference on Clinical LegalEducation in Tucson, Ariz., May 4–7, 2008.The three Columbus Community LegalServices professors addressed various aspectsof the conference’s theme, “Reflecting onOur Work and Vision: Risks, Mistakes andOpportunities.” The concurrent sessionsbrought together many clinical legal educatorsfrom D.C.-area law schools, to join colleaguesin examining such topics as “FindingCommon Ground between DomesticViolence and Criminal Defense Clinics” and“Directing? You Must Be Kidding: Leadinga Clinic in Academia.” Klein organized andfacilitated a joint meeting of the AALSInternational Section and the GlobalAlliance for Justice Education. She is helpingto plan its upcoming conference in Manila,Philippines, next December. Klein andBarry also helped to plan the GeorgetownUniversity Summer Institute, designed forless experienced clinical teachers, held June17–20, 2008. Mullen was selected to be asmall group leader at the Tucson meeting.The small groups play a central role in theAALS clinical conferences and meet frequentlythroughout the conference.Professors Margaret Barry and CatherineKlein were the 2008 recipients of the 3 rdAnnual Watts Empowerment Award, presentedby the Washington, D.C.–basedWomen Empowered Against Violence.Created in 2006 to recognize individualswhose work has improved systems, servicesand access to justice for survivors of intimatepartner violence, the WEAVE nominationcited the professors’ “years of dedication tothis cause in the form of the Families and theLaw Clinic, your early vision for outreachand services to teens, and your importantcontributions in training corporate attorneysto do pro bono family law.” The award waspresented on June 16, 2008.Professor Marshall Breger’s opinion essay,“Faith in Diplomacy,” was entered as part ofthe Congressional Record on May 14, 2008, byRep. Wayne Gilchrest (R-Md). Breger’s articlewas written during his tenure as a formeralternate delegate of the United States to theU.N. Human Rights Commission inGeneva, Switzerland. In it, he discussed theimportance of religion in negotiating peacethrough diplomacy. On February 25, Bregerwas a featured speaker at an academic discussionon the current status and challengesfacing the city of Jerusalem. The discussionwas held at the Nasher Museum of Art onthe campus of Duke University in NorthCarolina.Professor HeatherElliott visited thecountry of Andorra inMarch and gave atalk about the U.S.Supreme Court thatwas sponsored by theAndorran Minister of Culture. In attendanceat her lecture were the president and vicepresident of the nation’s Supreme JudicialCouncil, its attorney general, the clerk of theConstitutional Court and several others.Professor William Kaplin presented hispaper, “The Impact of the U.S. SupremeCourt’s K–12 Racial Diversity Cases onHigher Education,” at the 29 th AnnualNational Conference on Law and HigherEducation, February 2008, in ClearwaterBeach, Fla.Professor Catherine Klein was one of theexperts on clinical legal education invited toparticipate in a workshop with 10 professorsfrom Iran’s Mofid University. The ClinicalLegal Education Workshop: Internationaland Comparative Models was held April 2–7in Istanbul, Turkey, and was sponsored bythe Protection Project at The JohnsHopkins University School of AdvancedInternational Studies.Professor Lisa Lerman was a plenary sessionspeaker at a conference on legal externshipshosted by Seattle University School ofLaw on Feb. 15 and 16. She was part of aprogram titled “The Carnegie Report andExternships: Where the Bridge to PracticeMeets the Road to Identity.” Lerman’sremarks were a critique of the Carnegiereport as it relates to law school externshipprograms. She also served as a member ofthe planning committee for the AmericanBar Association’s 34 th National Conferenceon Professional Responsibility. Lerman continuesto serve as a member of Equal JusticeWorks National Advisory Committee; as amember of the board of directors of D.C.Law Students in Court; and as a member ofCatholic University’s Senate Committee onAppointments and Promotions.Professor David Lipton organized andmoderated four professional talks in his roleas director of the Securities Law Program.He invited Fannie Mae deputy generalcounsel Ramon de Castro to discuss themeltdown of the sub prime lending market;Justice Department investigator and CUAlaw alumnus Mike Missal, 1982, to explainthe accounting practices of mortgagelenders; SEC Director Erik Sirri to speakabout coordinating international marketregulation; and SEC Commissioner PaulAtkins to discuss market-based regulation.Lipton also moderated an alumni luncheondiscussion in New York City that examinedthe coordinated supervisory rules of theNew York Stock Exchange and FINRA. Hecontinues to serve on the fair pricing committeeand the governance committee of themunicipal securities rulemaking board.Professor Suzette Malveaux was invited tospeak at Washington & Lee UniversitySchool of Law on Jan. 11 about her currentscholarship on the impact of compulsorypre-dispute arbitration agreements on thejustice system. She was also an invited36CUALAWYER /Spring–Summer 2008

FACULTY NewsProfessional Activitiesspeaker on a panel about her continuing probono representation of the victims of theTulsa Race Riot of 1921. The May 31 discussionwas sponsored by the University ofOklahoma, Tulsa. The panel also screened adocumentary illustrating the legal, legislativeand international efforts on behalf of thesurvivors and their families. On June 19,Malveaux spoke about two topics at the invitationof the Washington Bar Association,“An Intergenerational Dialogue: The Roleof the Black Attorney” and “How to Becomea Law Professor.” Throughout the spring of2008, she was a master for the ThurgoodMarshall American Inn of Court, andattended meetings with judges, faculty,alumni and students to socialize and discusslegal issues.Professor Steve Margeton was on theplanning committee for the Joint StudyInstitute of the American Association of LawLibraries held June 25–28, 2008, atGeorgetown Law Center. The theme of theprogram for American and ForeignCommon Law jurisdiction librarians wastitled “Harmonization and Confrontation:Integrating Foreign and International Lawinto the American Legal System.” In additionto serving on the planning committee,Margeton chaired a panel titled“Internationalization and Globalization ofU.S. Law School Curriculums.” Margetonalso had his 1993 article “Of LegislativeHistories and Librarians” cited among the30 essential readings on an annotated list putforth by Law Library Journal, the officialprofessional journal of the AmericanAssociation of Law Libraries.Dean Veryl V. Miles has accepted an invitationto serve a two-year term on theAccreditation Committee of the AmericanBar Association. The committee administersthe ABA accreditation process, includingreview of site evaluation reports, progressreports, and fact finding reports. It reviewsJ.D. programs, post-J.D. programs, foreignsummer programs, semester abroad programs,cooperative programs for foreignstudy and individual student programs forforeign study. Miles delivered the 17 th Mary,Mirror of Justice Lecture on Feb. 20, 2008.Inaugurated in 1989 by the Pope John PaulII Guild of Catholic Lawyers, the lectureseries is intended to recognize and encouragelawyers and scholars who, through theirresearch contributions and dedication toteaching, clarify and advance the pursuit ofpeace with justice through the law. She usedthe occasion to offer her vision for the kindof education the law school should strive toachieve. On January 6, Miles hosted a receptionfor New York City area alumni, held inconjunction with the annual meeting of theAssociation of American Law Schools. Inlate February, she traveled to the HamlineUniversity School of Law in St. Paul, Minn.,to speak about “Pro Bono Service: AProfessional Responsibility with anAbundant Yield,” as part of the school’s lawand leadership speaker series. On April 18,Miles was in Lander, Wyo., as the luncheonspeaker for the Women’s Legal Forumsponsored by the Wyoming Bar Association.She was asked to provide the attendees witha look at today’s generation of the womenlaw students, as well as the views and perspectivesfrom women law faculty andadministrators who teach and mentor them.Professor Faith Mullen continues to overseethe staffing by CUA students of theSmall Claims Resource Center. Havingcompleted the third semester of a partnershipwith the D.C. Bar and the District ofColumbia Superior Court, general practiceclinic students staff the center every otherThursday for eight weeks during the semester.The students provide legal informationto unrepresented small claims litigants andserve 12 to 15 customers per week.Research Ordinary Professor MichaelNoone addressed the Class of 2008 of theU.S. Air Force Air War College, based atMaxwell Air Force Base, Ala. Delivered onApril 17 at the invitation of the commandant,Noone’s remarks dealt with the legalissues involved in war with non-state entities.Rev. Raymond C. O’Brien taughtDecedents’ Estates at the GeorgetownUniversity Law Center during the spring2008 semester and will teach Family Law forits summer session. In May, he was part of apanel presentation held at the MontgomeryCounty Bar Association, discussing civilunions and related issues. He baptized Evan,the second child of Charles Straub, 2005,and his wife, Amy, at his parish in Rockville,Md. Father O’Brien was also successful inreaching initial endowment status for thescholarship created in honor of his grandparents,Charles and Louise O’Brien.Professor J.P. “Sandy” Ogilvy was reelectedtreasurer of the AALS section on probono and public service opportunities at thesection’s business meeting in New York Cityon Jan. 5, 2008. He was also appointed to ajoint task force to plan a celebration of thehistory and legacy of the Council on LegalEducation for Professional Responsibilityduring the AALS annual meeting in SanDiego, Calif., in January 2009. Ogilvy was amember of an ABA accreditation team thatvisited the University of LaVerne LawSchool in Ontario from Feb. 24 to 27, 2008.In March, he spoke at Brigham YoungUniversity’s J. Reuben Clark Law School on“The New Guidelines for the Evaluation ofClinical Legal Education Programs — AWiki Version.”Spring–Summer 2008 / C UALAWYER 37

FACULTY NewsProfessional ActivitiesProfessor Kenneth Pennington delivereda paper, “Torture and Fear: Enemies ofJustice,” at Princeton University’s DavisCenter on March 27. On May 7, Penningtonspoke at the University of Wisconsin,Madison, on “Lex naturalis and Ius naturale.”Professor Ralph Rohnerwas presented with theTri-centennial Medal ofAppreciation by MarekBojarski, dean of the lawfaculty at the University ofWroclaw, Poland, for hisinvolvement in strengthening American–Polish educational collaboration. It wasawarded to Rohner at a CUA law alumnireception in New York City in January.Professor Peter “Bo” Rutledge arguedIrizarry v. United States before the UnitedStates Supreme Court on April 15, 2008. Aformer clerk to Associate Justice ClarenceThomas, Rutledge was asked by the highcourt to take the case as “amicus curiae insupport of the judgment below,” an unusualbasis that arises when the respondentabandons the lower court decision that thepetitioner is challenging, leaving both sides inagreement that the lower court decision waswrong or should be vacated. In such rare circumstances,the justices sometimes ask formerclerks to defend the lower court argumentas a way of ensuring that all issues arefully aired. Rutledge’s case, from the 11 thU.S. Circuit Court of Appeals, consideredwhether a judge must notify both sides beforerendering a sentence that deviates from federalsentencing guidelines. Rutledge was alsothe author of an analysis conducted for theInstitute for Legal Reform about the benefitsof America’s system of arbitration.Contradicting the findings of a recent reportfrom Public Citizen that attacked the system,Rutledge concluded that the study “is wrong,both on the facts and in its ultimate conclusions.”Contrary to the Public Citizen’sclaims, Rutledge said that “arbitrationimproves access to justice, enhances the likelihoodof recovery, delivers speedier resultsand is a superior option to the courts.”Professor Marin Scordato was named bythe student body as the OutstandingProfessor of First-Year Classes for the2007–2008 academic year.Professor Lucia Silecchia presented “TheRight to Environmental Health as aCondition for Economic Development” atthe University of Lisbon’s law school onMarch 10, 2008. On April 8, she spokeabout “The Challenge of Inclusion:Avoiding the Us vs. Them” at the biennialconference of the Association of ReligiouslyAffiliated Law Schools, hosted this year byBoston College Law School. Silecchia isalso a member of the board for the association.On May 29, she attended the annualConference on Catholic Legal Thought atSeattle University School of Law. Silecchiapresented “Scholarly Career Planning as aChristian” before the attendees.Professor Karla Simon was an adviser to theAmerican Bar Association (on behalf of itsInternational Law Section) to the UniformLaw Commission’s Project for theHarmonization of the Laws GoverningUnincorporated Nonprofit Associations inNorth America. The project will develop aRevised Uniform Nonprofit Associations Actfor the United States and will present it at theJuly 2008 meeting of the ULC. Simon is alsoserving another term as vice chair of theInternational Law Section’s Committee onInternational NGOs and NPOs.Professor Ted Sky was selected to receiveone of six Distinguished Alumni Awards presentedby the Altoona Area High SchoolAlumni Association. It will be presented onNov. 8, 2008.Professor George P. Smith spent time inJune as a visiting fellow at St. Edmund’sCollege, the University of Cambridge, workingat the Faraday Institute for Science andReligion. Two of Smith’s law review articleshave been listed on the SSRN InternetResearch Network as among the top 10downloaded articles: “Human Rights andBioethics,” 38 Vanderbilt Journal ofTransnational Law 1295 (2005) and“Cigarette Smoking as a Public HealthHazard,” 11 Michigan State Journal ofMedicine & Law 251 (2007).Judge-in-Residence Fred B. Ugast attendedthe Joint Judicial and Bar Conference ofthe District of Columbia from April 10 to 11in Washington, D.C. One of the main topicsof discussion dealt with the pros and cons ofspecialized courts. He was also a guest at theannual judicial luncheon hosted by the barassociation of the judges of the District ofColumbia Court of Appeals and the chiefjudge and presiding judges of the D.C.Superior Court. Judge Ugast delivered oneof the eulogies at the funeral of the Hon.John Garrett Penn, former chief judge of theU.S. District Court for the District ofColumbia. He also attended an informalgathering for patients at D.C.’sSt. Elizabeth’s Hospital. Many of them hadpreviously appeared before Judge Ugast andbeen committed to the hospital after verdictsof not guilty by reason of insanity.Professor Elizabeth Winston spoke about“Licenses, Libraries and Limitations:Contracting around Copyright Law and theImplications Therein” to the Music LibraryAssociation at its annual meeting inNewport, R.I., on Feb. 21, 2008. On Jan. 28,she addressed “What If Seeds Weren’tPatentable?” as part of the A. Sidney KatzIntellectual Property Lecture Series atGeorge Washington University Law School.On June 25, Winston moderated a panel aspart of the Institute for Intellectual PropertyIssues in Libraries and Information Centersat the Library of Congress.38CUALAWYER /Spring–Summer 2008

FACULTY NewsPublicationsProfessor Cara Drinan is author of “TheRevitalization of Ake: A CapitalDefendant’s Right to Expert Assistance,” 60Okla. L. Rev 283 (2007).Professor Cliff Fishman announces with amixture of pride and exhaustion the forthcomingpublication of the third edition ofhis two-volume treatise, Wiretapping andEavesdropping, by Thomson-West. His coauthoris Anne McKenna. The treatiseincludes extensive coverage of computerlaw and technological surveillance of allkinds, and provides detailed guidelines forjudges, prosecutors, defense attorneys andcivil practitioners. Fishman has also published“Defense Counsel Access to aProsecution Witness’s Psychotherapy orCounseling Records” in the University ofWashington Law Review.Professor Lisa Lerman published EthicalProblems in the Practice of Law (2nd ed.,Aspen) spring, 2008 (co-authored withPhilip Schrag). This textbook for courses inprofessional responsibility has been adoptedat more than 80 law schools. She is alsoco-author of “The Buried Bodies Case:Alive and Well after Thirty Years,” 2007Professional Lawyer 19.Professor David Lipton published the12 th release of his “Treatise on Broker-Dealer Regulation.” This treatise is updatedtwice annually and is considered thestandard reference guide in the securitieslegal community.Professor Suzette Malveaux is the authorof “A Conversation with Judge Ivan Lemelle,Seeking Higher Ground: The Race, PublicPolicy and Hurricane Katrina Reader,”Palgrave Macmillan, December 2007.Research Ordinary Professor MichaelNoone published “Maritime SecurityOperations: Law and Practice at theBeginning of the 21 st Century,” inInternational Peacekeeping, Volume 12 (2006).Co-authors were students KathleenReardon and Julia Whitelock. HarveyLangholtz, Boris Kondoch and AllanWells. Martinus Nijhoff Publishers (2007).Father Raymond C. O’Brien is currentlywriting another book with co-authorMichael Flannery, a professor at theUniversity of Arkansas School of Law, onprudent investing after the enactment ofthe Uniform Prudent Investor Act.Publication is expected in spring 2009.Professor Kenneth Pennington is theauthor of three of the 12 chapters of TheHistory of Medieval Canon Law in the ClassicalPeriod, 1140–1234, which was published byThe Catholic University of America Pressin June 2008. Co-edited with WilfriedHartmann, University of Tübingen, thevolume is part of Pennington’s series aboutthe history of medieval canon law.Pennington’s book chapter has appearedin The Practical Use of Roman Law in theEarly Twelfth Century, Handlung undWissenschaft: Die Epistemologie derPraktischen Wissenschaften im 12. und 13.Jahrhundert (Berlin: Akademie Verlag 2008)11–31.Professor Antonio Perez was the authorof a report to the Inter-American JuridicalCommittee on the “Status of Negotiationson Consumer Protection at the SeventhSpecialized Conference on PrivateInternational Law,” [CJI doc.288/08 rev. 1],presented in Rio de Janeiro, Brazil onFeb. 21, 2008.Professor Peter “Bo” Rutledge published“Discovery, Judicial Assistance andArbitration: A New Tool for CasesInvolving U.S. Entities?” in the Journal ofInternational Arbitration 25(1): 171–180,2008.Professor Marin Scordato published thefollowing law review articles: “Reflectionson the Nature of Legal Scholarship in thePost-Realist Era,” 48 Santa Clara LawReview 353–440 (2008); “The InternationalEnvironment for Serious PoliticalReporting has Fundamentally Changed:Understanding the Revolutionary New Eraof English Defamation Law,” 40 ConnecticutLaw Review 165–207 (2007); and “Post-Realist Blues: Formalism, Instrumentalismand the Hybrid Nature of Common LawJurisprudence,” 7 Nevada Law Journal 263-300 (2007).Professor Lucia Silecchia is the author of“The Preferential Option for the Poor: AnOpportunity and a Challenge forEnvironmental Decision Making,” 5 St.Thomas U. L. Rev (forthcoming).Professor George P. Smith is the authorof “Policy Making and The New Medicine:Managing a Magnificent Obsession,” 3Journal of Health and Biomedical Law 303(2008).Spring–Summer 2008 / C UALAWYER 39

Conferences and SymposiaFACULTY NewsProfessor Helen Alvaré was a panelist ina Vatican congress held Feb. 7–9 in Romethat commemorated the 20 th anniversaryof Pope John Paul II’s apostolic letter onthe dignity of women. The congressconsidered themes ranging from the historyof women in the Church, beginningwith Christ’s interactions with women, togender ideology, to the importance ofmarriage, family and motherhood.Participants had an audience with PopeBenedict XVI on Feb. 9. Alvaré’s presentationexamined the reduction of femininityto an object of consumerism.Professor Marshall Breger was a featuredspeaker at an academic discussion on thecurrent status and challenges facing the cityof Jerusalem, held Feb. 25 at the NasherMuseum of Art on the campus of DukeUniversity in North Carolina. Breger’sremarks covered some legal and politicalissues related to the ancient city’s manyholy places and contributed to a largerforum titled “Jerusalem: Land, LawBuildings,” sponsored by the Center forJewish Studies at Duke University.Professor Cara Drinan spoke as part of apanel at the AALS workshop for new lawteachers in June in Washington, D.C. Thepanel was titled “Junior Faculty Feedback.”Professor Cliff Fishman made apresentation in November 2007 to theMid-Atlantic Technical InvestigatorsAssociation in Baltimore, titled, “Search,Seizure and Technology.”Professor George Garvey presented“Aiming for the Harmony betweenEnvironment and Development: FreeMarket Approaches,” during the annualmeeting of the Initiative for Portugueseand American Law, held in Lisbon,Portugal, on March 10. Garvey alsodiscussed “A Catholic Approach to theStudy of Law,” before the Society ofCatholic Social Scientists, held on theCUA campus in May 2007. On April 22,2008, he addressed “Chinese AntimonopolyLaw: Comparative Perspective,” during asymposium held by the law school’sComparative and International LawInstitute.Professor William Kaplin was a plenarysession presenter for “Twenty Years ofStudents’ Rights and Campus Discipline:What’s Constant, What’s Changed,What’s Emerging?” at the 20 thanniversary International Conference ofthe Association for Student JudicialAffairs, held in February 2008 atClearwater Beach, Fla. He also presented“Facilitating Scholarship RegardingHigher Education Law and Policy,” at the29 th Annual National Conference on Lawand Higher Education, held at the sametime and place. Kaplin was also a paneldiscussant for “Future Trends in AmericanHigher Education Law and Policy,” a postconferencehalf-day session also held inClearwater Beach.Professor Catherine Klein discussed“Getting a Legal Clinic off the Ground:The Nuts and Bolts of MandateDevelopment, Strategy, Funding, andOperations,” at the Clinical LegalEducation Workshop: International andComparative Models, held April 3 to 6,2008, in Istanbul, Turkey. Klein alsoshared her experiences in establishing thefirst domestic violence clinic in the UnitedStates with colleagues. She is directorof Catholic University’s ColumbusCommunity Legal Services.Professor Lisa Lerman was a presenteron the opening plenary panel ofExternships 4: A Bridge to Practice, “TheCarnegie Report and Externships: Wherethe Bridge to Practice Meets the Road toIdentity,” during February 2008 inSeattle. In May, she attended an AALSprofessional development conference onclinical legal education: “ExternshipTeaching and the Development ofProfessional Identity: A Response to theCarnegie Report,” in Tucson, Ariz. Laterthat month, Lerman moderated a panelon prosecutor’s ethics at the ABA 34 thNational Conference on ProfessionalResponsibility in Boston.Professor David Lipton presented a lectureof introduction on May 16 to theMunicipal Securities Regulation Board’sCompliance Seminar on 529 Plans, whichare state-sponsored college tuition savingplans. In attendance were more than 75members of the brokerage, banking andregulatory community. Every state and theDistrict of Columbia has a 529 plan.Interest on the plans is earned tax free offederal taxes. However, the plans are fraughtwith concerns regarding information disclosureand suitability requirements.Professor Rett Ludwikowski traveled toRome to address a conference on “Europeand Americas Together in a Concernedand Integral Development.” The eventwas held Feb. 28 to March 1, 2008. TheVatican-organized symposium examinedthe current state of U.S.–European relations,including cultural, academic and historical.Ludwikowski’s paper, titled“Education and Promotion of HumanRights,” discussed the main goals ofhuman rights education and how to bestachieve them.Professor Suzette Malveaux gave apresentation to the faculty of Washingtonand Lee University School of Law inJanuary, titled “The Privatization of theJustice System.” On March 14, she moderated“A Tribute to Justice Sandra DayO’Connor: Reflecting on Justice40CUALAWYER /Spring–Summer 2008

FACULTY NewsConferences and SymposiaO’Connor’s Jurisprudence Relating toRace and Education” sponsored by theCatholic University Law Review. Malveauxwas also among the moderators during thefour-day March conference, “A CommonMorality for a Global Age.” Her panel discussantswere Professors Nicholas Boyle,Michael Sandel, Stephen Smith andCarter Snead. On April 3, Malveaux wasthe chief faculty organizer of “Reflectionson the Civil Rights Movement and Dr.Martin Luther King’s Legacy,” a day-longteach-in commemorating the 40 thanniversary of his assassination. The eventdrew local TV news anchor Jim Vance andD.C. Commissioner Ike Fulwood to sharetheir recollections about April, 4, 1968.The teach-in focused on the relevance ofrace today and the impact of Dr. King’slife. On May 19, Malveaux gave a presentationto Villanova University political sciencecollege students at CUA Law aboutthe Supreme Court’s term and the U.S.court system.Dean Veryl V. Miles attended the ABADean’s Mid-year Workshop, held inFebruary in Santa Monica, Calif. She spokeas part of a panel workshop about “TheStages of Deaning.” The Columbus Schoolof Law also held an alumni and friendsreception in the San Francisco Bay area.From May 31 to June 3, the dean participatedas a faculty member and as the vicechair of the ABA New Dean’s Workshop inMarco Island, Fla. The annual ABAsponsoredworkshop provides training fornew law school deans. In June, the Deanparticipated in the plenary panel at the ABAAssociate Dean’s Conference in Denver.Professor J.P. “Sandy” Ogilvy spoke atthe clinical theory workshop at New YorkLaw School in New York City on Jan. 25,2008. He was joined by Professor MarianaHogan, his co-author of a chapter onJudicial Externships in Learning from Practice:A Professional Development Text for LegalExterns, 2d ed. (Thomson/West 2007), totalk about constructing pedagogy for judicialexternship classroom component.Professor Antonio Perez presented“Consumer Protection in the Americas: ASecond Wave of American Revolutions?” aspart of the Symposium on Latin America:Economic Justice and Development held atthe University of St. Thomas inMinneapolis on March 7, 2008.Professor Heidi Schooner was a discussantat the Junior Scholar Conference heldat Connecticut Law School, May 28 to 29,2008. She also contributed to a discussionon “The Second Report of the Committeeon Capital Markets Regulation," organizedby the American Enterprise Institute, inFebruary. From Jan. 29 to 31, Schooner wasin Vienna, Austria, to participate in theInternational Monetary Fund’s BankingLaw Workshop for Central Asian Judges,sponsored by the Joint Vienna Institute.Professor Lucia Silecchia attended the“Catholic Lawyers Program onGlobalizing Justice — Solidarity andParticipation: True Justice for the Poor,”sponsored by Fordham Law School. Shewas also in attendance at a seminar organizedby the New York State Bar Associationon June 17, “Ethical Issues in Real EstateTransactions.”Professor Elizabeth Winston participatedas a fellow in the University of HoustonLaw Center’s Institute for IntellectualProperty & Information Law NationalConference: “Patents in Perspective,” onJune 7, 2008.Spring–Summer 2008 / C UALAWYER 41

FACULTY NewsRecent MediaProfessor Helen Alvaré was quoted in anarticle published Feb. 12, 2008, by the ZenitNews Agency titled “Not Only Men TreatWomen as Objects.” Alvaré’s commentswere made during her attendance at aVatican conference in Rome that dealt with“Woman and Man, the ‘Humanum’ in ItsEntirety.” Decrying today’s atmosphere oframpant consumerism, Alvaré was quotedby Zenit as saying “It was almost inevitablethat human beings would become the ultimateconsumer product.”Professor Margaret Barry was interviewedby Voice of America television on April 9 fora story about the domestic violence and sexualabuse of minors issues involved in theFBI raid on the West Texas compound builtby convicted polygamist leader Warren Jeffs.Professor Robert Destro was also interviewedand included in the same story.Professor Marshall Breger was quoted inthe online edition of the Jewish Exponent inDecember 2007 for an article titled “Jewsand Evangelicals: Is It Really a MarriageMade in Heaven?” “We have to move awayfrom one-dimensional views of what eachside believes,” said Breger, who formerlyserved as President Reagan’s liaison to theJewish community.Professor Robert Destro was interviewedat length in March for an online video producedby Bridges to Common Ground, aWeb site dedicated to facilitating dialogueand understanding between the Abrahamicfaiths of Christianity, Judaism and Islam.Destro’s multi-part interviews offer commentaryand explains some of the most complexproblems that have historically dividedthe faiths. Destro is director of CatholicUniversity’s Interdisciplinary Program onLaw and Religion.Lecturer Richard Dieter was quoted bythe Pittsburgh Post-Gazette on Jan. 24, 2008,Community ServiceProfessor Suzette Malveaux conductedinterviews and also videotapedand photographed the 105 th birthdaycruise of her long-time pro bono clientOtis Clark, the oldest living survivor ofthe Tulsa Race Riot of 1921, for documentaryand media coverage. In April,she helped at a fund raiser and organizerfor the High Tea in honor of the120 th anniversary of CrittentonServices of Greater Washington. Theorganization is devoted to empoweringteen women.Dean Veryl V. Miles spoke to a groupof women college students participatingin the Public Leadership EducationNetwork’s “Women, Law & PublicPolicy Conference: A Public LeadershipCareer Conference.” The April 27 conferenceprovided opportunities forwomen college students from acrossthe country to participate in internshipsand programs in the nation’scapital, where they learned moreabout law and public policy fromwomen lawyers who make and influencepublic policy.Professor Faith Mullen trained 50law firm associates, governmentattorneys and staff attorneys forNeighborhood Legal Services on howto draft wills. Offered on Jan. 31, thetutorial was in partnership withfor a story about a Pennsylvania murdersuspect who acted as his own lawyer in hisdeath penalty case. “The brain surgery ofthe legal profession is death penalty cases.It’s not something any lawyer should do,much less a non-lawyer,” said Dieter, whoruns the nonprofit Death PenaltyInformation Center.Neighborhood Legal Services. Mullenrepeated the exercise on April 9. InMarch, she coordinated the D.C. BarPro Bono Child Custody training forlegal practitioners. Mullen designedthe course content, invited speakersand facilitated the training.Approximately 25 lawyers weretrained, and each lawyer who receivedtraining agreed to assist two unrepresentedclients in child custody cases.Professor J.P. “Sandy” Ogilvy traveledto Haiti from May 11 to 15 tomeet with local civic and religiousleaders and representatives of nongovernmentalorganizations operatingin the region to investigate ways inwhich the community of The CatholicUniversity of America might supporttheir work. Ogilvy was hosted by theRev. Jomanas Eustache, a priest withthe diocese of Jeremie and the deanof a private Catholic law school foundedin 1995. The diocese of Jeremie isa sister diocese of the Archdiocese ofWashington. Ogilvy also made a presentationto the students and faculty ofthe law school, L’Ecole SupérieureCatholic de Droit de Jereme.Professor Cara Drinan’s op-ed,“Backlog Death-Penalty Rationale FatallyFlawed,” was published in the AtlantaJournal-Constitution on May 16, 2008. Theessay decried the haste with which statesthat employ capital punishment haveresumed executions in the wake of therecent U.S. Supreme Court that upheld42CUALAWYER /Spring–Summer 2008

FACULTY NewsRecent Mediathe constitutionality of lethal injection.Three weeks later, Georgia became the firststate in the nation to resume use of the deathpenalty when it executed William Earl Lynd—- part of what a spokesman for theGeorgia attorney general’s office called anattempt to clear “the backlog.”Professor Sarah Duggin was interviewedby The New York Times for an article publishedon Feb. 28 that examined how theConstitution’s Article II, which stipulatesonly “natural born” Americans may serve aspresident, might be problematic for GOPcandidate John McCain, born in thePanama Canal Zone. The story quotedDuggin extensively and was widely distributedby other news sources such as theAssociated Press and the Drudge Report. Theseled to follow-up interviews on the same subjectwith BBC World News (radio), WTOPNewsradio in Washington, D.C., andWDEL, a radio station in Delaware. TheWashington Post also pursued the story,interviewing Duggin at length for an articlein the May 2 edition.Professor Clifford Fishman spoke with theLas Vegas Review-Journal in late Januaryabout state and federal laws that requireprosecutors and/or judges to disclose informationabout wiretap requests and interceptions,such as the number of conversationsintercepted, the number of people whoseconversations were intercepted, the manpowerand other costs associated with awiretap, the location of the wiretap andrelated questions. He also spoke with thewriter of the newsletter Private EducationLaw Report Legal Update for Teachers aboutthe legality of having the police bring drugsniffingdogs to check school lockers.Professor Mary Leary was prominentlyfeatured in a story in Virginia Law Weeklyabout her participation in a symposium on“Self-Produced Child Pornography: TheAppropriate Societal Response to JuvenileSelf-Sexual Exploitation,” organized by theUniversity of Virginia in February. Learywas among three panelists who discussedwhat she termed “tomorrow’s epidemic,”minors who produce obscene images ofthemselves for posting on the Internet.Leary was also quoted in a Feb. 25 article bythe Associated Press about the difficultiesprosecutors can face when bringing chargesfor child pornography.Professor Suzette Malveaux establishedherself as the Washington, D.C., legal commentatorfor Art Fennell Reports, aPhiladelphia-based cable television programseen on the Comcast Network. Malveauxappeared on the program at least 10 timesfrom December 2007 to May 2008, discussinga wide range of subjects: from thepresident’s State of the Union address, to thestatus of the Protect America Act and theForeign Intelligence Surveillance Act, tosentencing guidelines for crack and cocainesales, handgun laws, the death penalty, voterI.D. regulations and other legal subjects. InJanuary, Malveaux was interviewed byWTTG-TV, Fox News Channel 5, aboutthe phenomenon of hate crimes amongpersons of the same race. The followingmonth, she was a guest on the Tom JoynerMorning Show speaking about little known“black facts” with her pro bono client OtisClark, the oldest survivor of the Tulsa RaceRiot of 1921.Research Ordinary Professor MichaelNoone was interviewed by The New YorkTimes on April 15 to discuss allegations ofChristian fundamentalist proselytizing in theArmed Forces.Professor Lucia Silecchia was quoted in anApril 17 article for Newsweek online. “TheGreen Pope” explored the Vatican’s beliefthat eco-friendly lifestyles will help protectthe world's poorest communities.Professor Victor Williams published an opedin the National Law Journal on March 10that warned of the danger of the currenthigh number of unfilled governmentappointments. “Averting the Crisis” urgedthe next president to act immediately tofill the more than 200 vacant high-levelfederal jobs. Williams noted that theFederal Election Commission, for example,is minus four of six charter membersand does not even have a quorum to formallymeet.Professor Elizabeth Winston was quotedin an April 28, 2008, article in The NationalLaw Journal titled “Could ConstitutionalFlaw Unravel Eight Years of Patent BoardRulings?” The article explores the ramificationsto the U.S. Patent and TrademarkOffice of the possibly unconstitutionalappointment of nearly two-thirds of itspatent appeals judges. Winston made thepoint that such administrative law judgepositions are very difficult to get and arenow held by “highly qualified and respected”judges, many with experience from insideand outside of the agency as well as clerkshipson the Federal Circuit.Professor Leah Wortham was quoted inthe April 10 edition of the Polish newspaperRzeczpospolita for an article about a speechshe gave in Warsaw two days earlier. Inremarks that were sponsored by theNational Council of the Bar and theJagiellonian American Law Program,Wortham broadly discussed the variousinfluences that affect the development of apractitioner’s legal ethics.Spring–Summer 2008 / C UALAWYER 43

ALUMNI NewsWhat’s New with your Fellow Alumni1975Ambassador Charlene Barshefsky, seniorinternational partner at the law firmof WilmerHale in Washington, D.C.,and former U.S. Trade Representativeand member of the president’s cabinet,has been elected a trustee of the HowardHughes Medical Institute. She becomesone of 10 Trustees of the Institute, amedical research organization dedicatedto the discovery and dissemination ofnew knowledge in the life sciences.Barshefsky served as the nation’s chieftrade negotiator and principal trade policymaker from 1997 to 2001 and as actingand deputy trade representative from1993 to 1996. Named one of the 50 mostinfluential women lawyers in the UnitedStates by the National Law Journal,Barshefsky joined WilmerHale in 2001.Christopher B. Carveth was re-electedpresident of the board of directors of theConnecticut Center for ChildDevelopment, Inc. The organizationprovides educational instruction andrelated services to children with autismand related spectrum disorders. Carveth,a partner in the Milford, Conn., law firmof Stevens, Carroll & Carveth, is marriedto Kimberly A. Sweeney, 1991, and isuncle to Melissa D’Ambrose, 2005.Kenneth L. Lewiswas elected chairof City ConnectDetroit’s board ofdirectors in April.City Connect Detroitwas established byMichigan grant makers,Detroit city officialsand nonprofit organizations totackle the problem of chronicallyunder-funded human service programsby the federal government. Lewis is ashareholder with the Detroit office ofPlunkett Cooney, one of the Midwest’soldest and largest law firms. Lewis’areas of practice include civil rights,commercial litigation, education law,labor and employment litigation andmunicipal law.Roberta D. Liebenberg, ofHuntingdon Valley, Pa., a partner at thelaw firm Fine, Kaplan and Black, washonored as one of “The 50 MostInfluential Women Lawyers in America”by The National Law Journal in 2007. Shewas the only woman from Pennsylvaniato receive this honor. She concentratesher practice in the areas of anti-trust andclass actions.Justice Peggy R. Quince was unanimouslyelected by her six colleagues tobe first African-American woman toserve as chief justice for Florida’sSupreme Court. As such, she is also thefirst to lead any branch of state governmentin Tallahassee. In Florida, the chiefjustice oversees the entire state courtsystem. Quince began her two-year termon July 1 st .Jose A. Toro moved to Albuquerque,N.M. from Mobile, Ala. in March, 2008.1976Margaret T. Brewer has completed theLA County Bar Association dispute resolutioncenter mediation training. She isconducting a court and communitymediation practice in Long Beach, Calif.Mary S. Elcano was appointed interimpresident of the American Red Cross inNovember 2007. She is also the agency’sCEO. Prior to her service with the RedCross, Elcano spent 18 years as a lawyerwith the U.S. Postal Service.1977Walter S. Booth was selected for inclusionin “Super Lawyers of Maryland” inDecember 2007, for his record ofaccomplishment in the field of criminaldefense. In March 2008, Booth wasagain recognized for his criminal defensework, this time being selected for inclusionin “Super Lawyers of theWashington D.C. Metro Area.” Hemaintains a law practice in Bethesda,Md. where he concentrates in trial andappellate work in Maryland and theDistrict of Columbia.Mary S. Head has been named assistantdirector of policy in the Office ofInvestor Education and Advocacy withinthe Securities and Exchange Commission,it was announced in January. She haspreviously served as counsel to SECCommissioner Kathleen L. Casey. Inthis capacity, Head advised on a widerange of commission policy and rulemakinginitiatives, with particular focuson market regulation and investmentmanagement issues.J. David Seay is vice-president ofHealthcare Educational and ResearchFund, a part of the HealthcareAssociation of New York State. Seaybegan his new duties in January 2008.1978Glenn A. Grant was appointed to manageNew Jersey’s court system, effectiveSept. 1, 2008. Grant, a Superior Courtjudge from Essex County and actingadministrative director of the courts, isthe first minority member responsiblefor overseeing all state and municipalcourts in New Jersey and the 7 millioncases they handle each year. He is also incharge of the judiciary’s 9,000 employeesand its $500 million budget.Robert Y. Hirasuna has been namedgeneral counsel for the New MexicoPublic Regulation Commission.Hirasuna has more than 27 years ofexperience as an attorney specializing inenergy law. He was a partner with variouslaw firms in Washington, D.C., andin Texas, representing all segments ofthe natural gas and electric industries.He also has been special counsel for policyat the Federal Energy RegulatoryCommission, where he led some of itsmajor natural gas initiatives.Richard A. Paciawas elected president-electof theRhode Island BarAssociation. Heassumed the post onJuly 1, 2008. A residentof North44CUALAWYER /Spring–Summer 2008

ALUMNI NewsProvidence and principal of thePawtucket law firm of Pacia LawAssociates, Pacia is a fellow of the RhodeIsland Bar Foundation and the AmericanBar Foundation, founding director andpast president of the Justinian LawSociety, and founding director and pastsecretary of the St. Thomas MoreSociety. Pacia received the Rhode IslandBar Association’s Pro Bono PublicoAward in 1994 and its ContinuingService Award in 2003. He and his wife,Alexandria, have two children, Richardand Nicholas.1979Douglas Ochs Adler has joined theWashington, D.C., office of VedderPrice P.C., as a member of the firm’sEquipment Finance Group. Adler mostrecently served as lead counsel for theExport-Import Bank of the UnitedStates, the official export credit agencyof the United States. He provided legaladvice to loan officers in the financing oflarge aircraft as well as complex projectfinance transactions and was also instrumentalin the development of derivativeproducts for use in a wide range offinancing structures. Adler has significantexpertise, both in the United Statesand abroad, in the areas of project andstructured finance, as well as in the aviationand maritime sectors.1980The Honorable C. RichardMiserendino has been appointed asadministrative law judge with the Officeof Financial Institution Adjudication inWashington, D.C. He presides overadministrative enforcement actionsbrought by the five federal bankingagencies. Since 1996, Miserendino hadserved as the deputy chief judge with thedivision of judges at the National LaborRelations Board. He was initiallyappointed in 1994 as an administrativelaw judge with the Social SecurityAdministration and previously served inprivate practice and in the government.Theodore ‘Ted’ Remley Jr. has beennamed an American CounselingAssociation Fellow for his extensiveservice and scholarship contributions tothe counseling profession. One of thehighest awards the ACA grants, fellowsare members of professional distinctionwho have been recognized for significantand unique contributions in professionalpractice, scientific achievement and governance,or teaching and training, andhave made important contributions tothe counseling profession. Remley is aneducation professor at Old DominionUniversity.1981Col. Wendy L. Kelly was the subject ofa two-part series in the PhiladelphiaInquirer during December 2007. Thenewspaper examined her transition fromfederal prosecutor in Philadelphia to theArmy’s “executive producer” ofAmerica’s forthcoming terrorism trialsagainst 80 detainees being held atGuantanamo Bay, Cuba. Kelly’s formaltitle is director of operations of theOffice of Military Commissions. She ischarged with supervising a process thatincludes drafting terrorism-trial rules,reviewing proposed formal chargesagainst detainees, and construction of astate-of-the-art courthouse.Joseph A. LaSala Jr. has been namedsenior executive vice president, generalcounsel and secretary for DiscoveryCommunications, the world’s largestnonfiction media company. Based in thecompany’s Silver Spring, Md., headquarters,LaSala will report to presidentand CEO David Zaslav. LaSala joinsDiscovery from Novell, Inc. In his newposition, LaSala will be responsible forthe legal affairs of the company and willserve as the principal legal adviser to thecompany’s management team and boardof directors. Discovery Communications’100-plus worldwide networks are led bythe Discovery Channel, TLC, AnimalPlanet, and The Science Channel. Thecompany reaches more than 1.5 billioncumulative subscribers in more than 170countries.Barbara Renk Merlie recently joinedFriedman Schuman Applebaum Nemeroff& McCaffery, P.C., of Elkins Park, Pa.,where she specializes in municipal law,land use and zoning. She is married toAlfred J Merlie, 1981.Priscilla Anne Schwab was installed aspresident of the Maryland, Delawareand District of Columbia ElksAssociation, totaling 25,000 members,on June 1 in Wisp, Md. She has been amember of Washington-RockvilleLodge No. 15 since 1996 and serves as amember of the Grand LodgeCommittee on the Judiciary. Schwab is asenior attorney-adviser with theDepartment of Labor’s AdministrativeReview Board.Paul H. Sighinolfi was appointed by theMaine Supreme Court to chair theMaine Board of Overseers of the Bar.The appointment was made inNovember 2007. Sighinolfi practiceswith Rudman & Winchell Law Officesin Bangor.1982John C. Livengood has joinedPinnacleOne as associate vice presidentof construction claims services inWashington, D.C. An architect and anattorney, Livengood has experience on avariety of projects including office buildings,stadiums, educational institutions,hospitals, wastewater treatment plants,power plants, industrial facilities, correctionalfacilities, roadways and bridges,military bases, air and rail facilities, warehouses,microwave communication facilities,and high-rise apartment buildings.Thomas ‘Tom’ Meagher has beennamed vice chair of the IntellectualProperty Owners Association’s intellectualproperty licensing committee.Meagher is a partner in the intellectualproperty practice group with the NewYork City office of Duane Morris. FromApril 6 through 8, Meagher moderated aMexico City conference panel on“Technology Commercialization fromthe University Perspective: How is itSpring–Summer 2008 / C UALAWYER 45

ALUMNI NewsWorking?” The session was part of alarger conference about intellectualproperty in the Americas and was cosponsoredby the Intellectual PropertyOwners Association.Michael J. Missal was the courtapprovedexaminer and author of thefinal report in the bankruptcy proceedingsof subprime loan specialist NewCentury Financial Corp, one of thenation’s largest lenders. Missal, a partnerat Kirkpatrick & Lockhart PrestonGates Ellis LLP, was appointed by theJustice Department in 2007 to begin aneight-month investigation into NewCentury’s accounting and financialreporting practices, loan originationoperations, audit committee and internalaudit department, and system of internalcontrols. The final report also identifiedpossible causes of action that may beavailable to the New Century estates. Aformer senior counsel for the SEC’sDivision of Enforcement, Missal has alsoserved as lead counsel to the examiner inthe WorldCom bankruptcy proceedings.1983The Honorable Sean Connelly wasamong three new judges appointed tothe Colorado Court of Appeals by Gov.Bill Ritter in May 2008. Connelly was apartner at Reilly, Pozner & Connelly,where he has been a civil and criminallitigator since 1994. He worked in privatepractice from 1984 to 1990, and as ajudicial law clerk to the U.S. Court ofAppeals for the D.C. Circuit from 1983to 1984. He is involved in numerouscommunity organizations and hasreceived many awards, includingIndividual of the Year from the ColoradoLawyers Committee in 2007 and theAttorney General’s Award forExceptional Service in 1998.Robert Corn-Revere was the subjectof a profile in Washington D.C. SuperLawyers 2008 for his 2003 posthumouspardon of the late comedian LennyBruce for obscenity charges in NewYork State.Mary Ann Snow has joined the U.S.Attorney’s Office for the District ofColumbia as an assistant U.S. attorney.She was previously with the JusticeDepartment’s Office of InternationalAffairs, where she was trial attorney.Snow has been assigned to the specialproceedings division.1984John S. Brunette was appointed as thenew chief legal and administrative officerfor Bethesda, Md.–based IridiumSatellite. Brunette oversees all ofIridium’s legal and administrative affairs.Working closely with the board of directorsand its committees, he serves as akey member of the executive leadershipteam, and provides a broad-based businessand legal perspective on a widerange of strategic, tactical, operationaland administrative matters, includingcorporate law, securities, tax law andfinance matters, intellectual property,regulatory compliance, internationaloperations, insurance, advertising, litigation,governmental affairs, humanresources and capital programs.Robert C. Sexton is general counsel,international, for Amgen, one of theleading biotech companies and aFortune 100 company. Sexton lives inZurich, Switzerland, with his wife, Yesimand their 7-year-old son, Benjamin.Wayne R. Walker has been appointedto serve as an independent director onthe board of directors for the RooGroup, a New York City-based adviserto businesses that desire to leverage theirdigital media assets. Walker is the managingpartner of Philadelphia-basedWalker Nell Associates. He has morethan 20 years of experience in corporatelaw and corporate restructuring. Prior toestablishing Walker Nell, Walker wasthe principal of Parente Randolph,LLC, an accounting and consulting firmin Philadelphia. He previously served assenior counsel of DuPont Corporationand as former chairman of global charityfor Habitat for Humanity.1985William J. Andrle Jr. is vice presidentof wireless alliances and spectrum strategyat Northrop Grumman InformationTechnology in Chantilly, Va.Clayton Mansfield was the recipient of2008 Outstanding Achievement Awardfrom Commissioner of Internal RevenueService for contribution to its LMSBForeign Resident Compliance Project.Richard A. O’Connor was named toConnecticut Super Lawyers in 2008 and2007. Published in all 50 states, SuperLawyers magazine names attorneys ineach state who received the highestpoint totals as chosen by their peers.O’Connor is a co-founder of Sachner &O’Connor of Middlebury, Conn. Hewas recognized for his work in medicalmalpractice defense. O’Connor was alsorecognized by Super Lawyers magazine in2004–2006 in the New York and NewEngland districts. He and his wife, Beth,are the parents of three children.Gregory F. Ugalde is president of theT&M Building Company and alsoserves as a representative in theConnecticut legislature. His oldestdaughter, Kathleen, is slated to graduatefrom Fairfield University in 2009.1986Richard C. DesLauriers has beenappointed to the position of deputyassistant director of the counterintelligencedivision for the Federal Bureau ofInvestigation where he is responsible forall counterintelligence operations conductedby the FBI. DesLauriers isstationed at the bureau’s headquarters inWashington, D.C.Patrice Genco Nichas and her husband,Peter, are the parents of two children,both currently attending college.1987Charles W. Gittins received his UnitedStates Parachute Association “A” skydivinglicense in February 2008. The “A”license is the basic skydiving license. In46CUALAWYER /Spring–Summer 2008

ALUMNI NewsApril 2008, he qualified for the association’s“B” license as a qualified skydivertrained in free fall and water landings.Gittins resides in Winchester, Va.Cherie R. Kiser has joined theWashington, D.C., office of CahillGordon & Reindel LLP as a partner, itwas announced in April. She will bemanaging Cahill’s D.C. office. Kiser hasbeen at the forefront of the expansion ofnew entrants into the voice and datacommunications markets since 1990,and has assisted large communicationscompanies in all aspects of theirtelecommunications and broadbandstrategies, including the provision ofgeneral advice and representation beforethe FCC and state regulatory agencies.Earlier in her career, Kiser was a seniorregulatory attorney for SprintCommunications Company.1988Paul T. Ryan has joined the Atlantaoffice of Thompson Hine LLP as ofcounsel in the firm’s employee benefitsand executive compensation practicegroup. Prior to joining ThompsonHine, Ryan was a partner with BakerDonelson Bearman Caldwell &Berkowitz, PC. His practice will focuson the design, administration and terminationof tax-qualified plans and trusts;analysis of benefit issues and liabilities inconnection with corporate mergers andacquisitions; and welfare benefit planand flexible benefit plan implementation,administration and documentation.Robert A. Sanders was promoted tocaptain with the Judge AdvocateGeneral Corps of the United StatesNavy, at a ceremony held April 11, 2008.A former Navy weapons system programcontractor, Sanders held defenseindustry engineering positions workingon missile/weapons systems, submarinepropulsion systems, and a tactical radioprogram. After commissioning as a JAGCorps officer, he has served as a legislativecounsel in the Navy’s Office ofLegislative Affairs and with the DefenseInstitute for International Legal Studies,which trained visiting Azerbaijan andNigerian military officers, among manyother positions. In addition to his J.D.degree, Sander holds four other master’sdegrees. He has numerous servicemedals and is the father of four children.Christopher R. Walsh was recentlynamed a member of the Million DollarAdvocates Forum. Trial lawyers whohave demonstrated excellence in advocacyby achieving a trial verdict of$1 million or more are eligible for membership.Walsh is also listed as a LeadingAmerican Attorney in the fields of personalinjury law and employment law.Walsh and his wife, Nadja Baader,proudly announce the birth of theirdaughter, Tara Christina, who wasborn on June 14, 2007.1989Lisa Scimeca St. Pierre has beenpromoted to associate regional directorof the U.S. Department ofLabor’s Employee Benefits SecurityAdministration. She is based in theregional office in Philadelphia. Theagency’s mission is to protect the integrityof private sector pensions, health plansand other employee benefits.Kimberly Hubbard Walton wasappointed assistant administrator for theoffice of the special counselor for theTransportation Security Administration,it was announced in December 2007. Theoffice oversees the offices of civil rightsand liberties, ombudsman, privacy policyand compliance, Freedom of InformationAct, sensitive security information andothers. Prior to her role as the deputyspecial counselor, Walton was theombudsman for TSA, addressingemployee concerns and serving as thecentral point of contact for all inquiriesand complaints from the traveling public.1990Hon. David W. Cunis married Michelle(Weiler) Cunis on Oct. 8, 2006. Their son,Matthew David Cunis, was born Sept. 21,2007. The family resides in Massachusetts.Vittorio N. Muzzatti is the owner ofConfidence Title & Escrow, Inc., whichopened in January 2006 and is located inGaithersburg, Md. The company specializesin real estate settlements throughoutthe D.C. area. It conducts closings inSpanish and English, which has allowedMuzzatti the opportunity to help scoresof people to purchase or refinance theirhome. He and his wife, Lilly, have twogirls and a dog named Butterscotch.Mark J. Powell has been awarded thecoveted Certification in Criminal Lawfrom the National Board of TrialAdvocacy. The designation, coupled withthe NBTA Civil Certification he receivedin August 2006, places him in the veryselect group of highly specialized attorneysnationwide who have earned dualcertifications from the group. The NBTAis accredited by the American BarAssociation to certify lawyers in the specialtyareas of civil, criminal and familytrial advocacy. Powell, a senior partner atScranton’s historic Powell Law firm, hasalso been recognized as a PennsylvaniaSuper Lawyer by Philadelphia magazineand Pennsylvania Law and Politics. He andhis wife, Donna, are the parents of fourchildren.Virginia M. Sullivan lives in centralNew Jersey with her husband and twochildren. She works as claims counsel forAxis Insurance Services.Mitchell “Mitch”B. Waldman hasbeen named directorof acquisition policyfor the NorthropGrumman Corporation.In his newposition, Waldmanwill be responsiblefor coordinating the company’s effortsrelated to pending and upcoming acquisitionregulations and policy at the U.S.Department of Defense and other governmentagencies, internal coordination ofCongressional activities related to acquisitionpolicy and reform, and representingthe company at numerousSpring–Summer 2008 / C UALAWYER 47

ALUMNI Newsacquisition and related professionalassociations. Before joining NorthropGrumman, Waldman served as nationalsecurity advisor to former Sen. TrentLott (R-Miss.). Waldman has wonthe U.S. Navy Distinguished CivilianService Award, the Secretary ofDefense General Counsel OutstandingPerformance Award and the D.C. CityCouncil of Engineering SocietiesArchitect of the Year award.1991Jennifer M. Blunt advanced to the positionof counsel with the Washington,D.C., office of Kutak Rock. She had previouslyworked as an associate.Adam M. Mycyk left Chadbourne &Parke in August 2007 to join CMSCameron McKenna, a large British firm,as a partner in its new Kyiv, Ukraine office.1992Craig V. Burnett was named vice presidentof Acacia Research Corporation inJanuary 2008. Burnett joins the technologylicensing firm from DiscovisionAssociates, a patent licensing companywholly owned by Pioneer Corporation.Having been with Discovision since 1993,Burnett was involved in licensing its opticaldisc technology to companies locatedin Japan and Korea. Prior to PioneerCorporation, he was an attorney withArnold, White & Durkee and held engineeringand marketing positions withHewlett-Packard, Silvar-Lisco, TexasInstruments and Harris Corporation.A.B. Cruz III, executive vice presidentand general counsel for The E.W.Scripps Co, was the subject of a March26, 2008, profile in In-House Counsel, anonline magazine from Law.com. TheScripps Company today employsapproximately 9,000 people and mostrecently reported $353.2 million in netincome.Alice S. Fisher resigned on May 23,2008 as assistant attorney general of thecriminal division for the U.S.Department of Justice. Fisher has servedin the position for nearly three years,making her one of the longest-servingassistant attorney generals in criminalhistory, according to the JusticeDepartment. Fisher focused the criminaldivision on fraud, public corruption andinternational organized crime. Shedeveloped the National ProcurementFraud Task Force, which brought actionsin more than 300 cases in procurementfraud related to the war on terror. Duringher tenure, the division also led the wideranginginvestigation against JackAbramoff and brought several enforcementactions against companies underthe Foreign Corrupt Practices Act. Themother of two young children, Fisher hasnot announced her next step.William J. Gildea III has been hired asvice president of business developmentfor Interactive Intelligence, anIndianapolis-based global provider ofunified IP business communicationssolutions. He is responsible for evaluatingacquisition opportunities and fordeveloping new partnerships designed toincrease the company's revenue andgrowth. Gildea has 15 years of combinedexperience as a financial analyst andattorney specializing in the communicationsindustry.1993Michael C. DiLorenzo has joined theU.S. Attorney’s Office for the District ofColumbia, where he practices in thenational security section of the criminaldivision. DiLorenzo joins the officefrom the narcotic and dangerous drugsection of the criminal division of theJustice Department.Jennifer H. Pincus has been named as ashareholder and director of PerkinsThompson, P.A. in Portland, Maine, asof Jan. 1, 2008. Pincus and her husband,Josh Silver, are also happy to announcethe birth of their daughter, Emma.1994John T. Aquino is the author of“Filmmakers as Jesting Pilate?: TheIssue of Truth in Fact-Based Films,”published in Entertainment, Arts and SportsLaw Journal Fall/Winter 2007, Vol. 18,No. 3, pp. 31–33.Christopher R. Concannon has beenelected as a new director to the board ofthe NASDAQ Exchange. He is currentlythe executive vice president of transactionservices for the NASDAQ stockmarket, where he is responsible forthe management and operation ofNASDAQ’s transaction services business.Kathy L. Cooper has joined Sullivan &Worcester to start the firm’s newtelecommunications practice inWashington, D.C. She was previously apartner at Swindler Berlin ShereffFriedman.Charles W. Johnson IV has been promotedto partner in Akin Gump Hauer& Feld’s Washington office, wherehe practices in the firm’s public law andpolicy group.Jonathan B. Kramer was approved onApril 8 by President Bush for appointmentas a veteran’s law judge at theBoard of Veterans’ Appeals. The boardholds hearings and renders decisions onbehalf of the secretary of the U.S.Department of Veterans Affairs inappeals concerning claims for benefits.Veteran’s law judges are roughly equivalentto administrative law judges. JudgeKramer lives in Derwood, Md., with hiswife, Terri, and two daughters, Simoneand Risa.Eileen Lynch O’Hara has joinedMalverne Realty Company as an associatebroker after taking a sabbatical fromthe practice of law as deputy boroughchief in the family court division of theNew York Law Department, where shewas a prosecutor for more thanseven years. O’Hara resides in Malverne,N.Y., with her husband, Tom, and children,Patrick (8), Brendan (6), Aidan (4)and Keely Rose (2).Charles F. Walters was named a partnerin the Washington, D.C., office ofSeyfarth Shaw. He represents and counselsemployers from many different48CUALAWYER /Spring–Summer 2008

ALUMNI Newsindustries on the full range of employmentand labor law matters. Walter’s traditionallabor law work includes arbitrations;collective bargaining; NLRB andcourt litigation; assisting employers inconnection with strikes, picketing, handbillingand other economic weapons;counseling on subcontracting, workrelocations, permanent and temporaryclosings, and other management decisions;and assisting employers withorganizing and decertification campaigns.Walters also regularly acts as leadcounsel in employment cases before federaland state courts and administrativeagencies and has tried cases before juriesand arbitrators.1995Catherine L. Annas married MatthewSelig on May 4, 2008, in Chatham,Mass. The couple resides in Boston.John W. DiNicola and his wife,Brigette, are the proud parents of RyanParke, born on April 18, 2006, and MarinFiona Grace, born on Nov. 1, 2007.Sheryl D. Hanleyhas been elevatedto counsel withthe global lawfirm Edwards AngellPalmer and Dodge.She is a member ofthe litigation departmentand practicesin the firm’s Providence, R.I., office.Hanley exclusively represents managementin labor and employment matters,including Department of Labor investigations,proceedings before the NationalLabor Relations Board, labor arbitrationsand collective bargaining. She also representsemployers before the EqualEmployment Opportunity Commissionand state human rights agencies todefend against discrimination claims.Joseph A. Hennessey was quoted byAbajournal.com for a story titled “D.C.Area Law Firm Sues Over OutsourcedLegal Work, Alleges Privilege Issue,”posted online May 23, 2008. Hennessey,a name partner in the Bethesda, Md.-based firm of Newman McIntosh &Hennessey, explained that his firm filed alawsuit against the federal governmentbecause the outsourcing legal work toIndia permits the U.S. government tointercept confidential documents, violateattorney-client privilege and theconstitutional rights of those accused ofwrongdoing. The government interceptionis possible because the NationalSecurity Agency is free to spy on foreigncompanies, due to a lack of constitutionalrestraints on the government’s overseasactivities. “We are really headingtoward a collision between globalizedeconomic interests and the limitedextension of constitutional rights,”Hennessey said.Gregory P. Hilton has opened a newlaw practice in Gardez, Afghanistan. Hewas recalled to active duty with the U.S.Navy in November 2007. Hilton mentorssenior officers in the AfghanNational Army. He expects to return tothe United States in November 2008.1996Laura R. Biddle joined the financialservices group in Alston & Bird’sWashington, D.C., office as of counsel.She was previously an associate atThacher Proffitt & Wood.Kevin I. Goldberg is president-elect ofthe Maryland Trial Lawyer’sAssociation. Goldberg practices withGoldberg, Finnegan & Mester, LLC, inSilver Spring, Md.Rita C. O’Brien was promoted toadministrative judge at the DefenseLegal Services Agency, Defense Officeof Hearings and Appeals. The office is apart of the Department of Defense. Herpromotion was effective March 3, 2008.1997Michael C. Dell’Angelo was named asa shareholder in the law firm of Berger& Montague, P.C., in Philadelphia,where his practice concentrates onantitrust, securities and complex commerciallitigation. Dell’Angelo was alsonamed by Pennsylvania Super Lawyers magazineas a “Rising Star,” an honor conferredon the top 2.5 percent of attorneysin the state who are age 40 or younger.Matthew E. Haggerty has been namedchief executive officer of Times-Shamrock Communications, a nationwidemedia organization based inScranton, Pa., which now owns 42 printproperties, 17 radio stations and a distributioncompany. Haggerty had been generalmanager of Times-ShamrockInteractive Media since December 2006.A former law clerk, private firm associateand assistant U.S. attorney for the MiddleDistrict of Pennsylvania, Haggerty leftthe practice of law five years ago to joinTimes-Shamrock Communications.Commander Sean P. Henseler (U.S.Navy JAG Corps) and Major Eugene Y.Kim (U.S. Army JAG Corps) are bothcurrently deployed in support ofOperation Iraqi Freedom. Henseler isassigned to Multi-National Forces Iraq,while Kim is assigned to Multi-NationalSecurity Transition Command-Iraq.Henseler and Kim are scheduled toredeploy from Iraq in the early summerof 2008. Henseler will be returning tohis home station at the Naval JusticeSchool in Newport, R.I., while Kim willbe assigned to the Office of the JudgeAdvocate for U.S. Forces Korea inSeoul, Korea.Mandinema ‘Mondi’ Kumbula-Fraserand her husband, Andre, welcomed a sonnamed Farai Anesu Fraser in July 2007.He joins his older brother, Sekayi AnesuFraser, born in July 2005.Spring–Summer 2008 / C UALAWYER 49

ALUMNI NewsTodd E. Lehderhas been namedcounsel with Wilentz,Goldman & Spitzer,P.A., of Woodbridge,N.J. Lehder joinedthe firm in 2000 andconcentrates his practicein commercialreal estate transactions, real estate finance,construction law and commercial leasing.He is a member of the firm’s commercialreal estate team and part of its redevelopmentstrategic business unit.Nicole Duca Sullivan has expanded herpractice and now employs four full-timeattorneys. Homan & Sullivan, P.C., ofWestborough, Mass., specializes in workers’compensation, SSDI and civil litigation.She and her husband, Todd, are theproud parents of a daughter, Regan, bornon Nov. 23, 2006. Regan joins twin brothers,Cameron and Luke, who turned 5 onFeb. 22, 2008.Joycelyn Y. Tate wasappointed to theBoard of Directorsof the UniversalService AdministrativeCompany. Herappointment wasannounced by thechairman of the Federal CommunicationsCommission in March 2008. USACadministers Universal Service Fund, afund that is responsible for providingaccess to affordable telecommunicationsservices throughout the United States. Asa member of the Board of Directors, Tateis responsible for managing the businessof USAC.Armand J. Zottola III has been electedto partner in the Washington, D.C.,office of Venable. He practices with thebusiness transactions group. Zottola waspreviously an associate with the firm.1998Anthony F. Archeval recently joinedthe staff of the Office of EqualEmployment Opportunity Affairs withinthe FBI as an attorney-adviser overseeinginternal employment discriminationinvestigations and providing legal counseland training to FBI managersthroughout the country on employmentrelated issues. Archeval and his wife,Kristina, celebrated the birth of theirsecond son, Matteo Johannes Archeval,on Feb. 3, 2007.Matthew J. Bester announcesthe launch of his company,www.sidewalkguides.com, that offersdownloadable audio walking tours ofWashington, D.C.Michelle J. Dickinson has been promotedto partner in DLA Piper’sBaltimore office. Shepractices in thelitigation group.Dickinson has extensiveexperience representingclients incommercial andproduct liabilitymatters. She has litigatedmatters involving breach of warranty,fraud, construction defect and consumerprotection claims; mortgage lendinglaws; securities class actions; restrictivecovenants in employment agreements;challenges to wills and guardianship;wrongful death claims; and sexualharassment claims.Alexandra C. Gaugler, a senior associateat the Philadelphia law firm ofMiller, Alfano andRaspanti, P.C., hasbeen appointed tothe PennsylvaniaAssociation ofCriminal DefenseLawyers’ Board ofDirectors. Theorganization has amembership of nearly 800 private criminaldefense practitioners and publicdefenders. Gaugler will serve on its continuinglegal education committee, whichplans and implements criminal law CLE’sthroughout the Commonwealth ofPennsylvania.Maria A. Hall has been promoted tosenior counsel in the Washington, D.C.,office of Jackson & Campbell. She is withthe firm’s insurance coverage practicegroup.Matthew A. Martelhas been admittedto the partnership ofthe global law firmof Edwards AngellPalmer & Dodge.Martel is a memberof the firm’s litigationdepartment andpractices in the firm’s Boston office. Hefocuses his practice in the area of businesslitigation. Martell represents both publiclyand privately held companies in avariety of matters, including securitiesclass actions, shareholder derivativeclaims, and litigation arising from mergersand acquisitions, and other shareholderand partnership disputes.William J. Meyer recently accepted theposition of vice president and generalcounsel with Shambaugh and Son, thethird-largest specialty contractor companyin the United States and a subsidiaryof EMCOR, a Fortune 500 company.His new position in based in Ft. Wayne,Ind., where the family has relocated.Meyer and his wife, Michelle, recentlycelebrated their 10-year weddinganniversary. They are the parents of twindaughters, Morgan and Kiera, 5, and ason, John Paul, 2.Paul M. Rivard was promoted to seniorpartner in the Washington, D.C., officeof Banner and Witcoff, an intellectualproperty boutique firm. Rivard is withthe firm’s patent preparation and prosecutionpractice.1999Kymberly Hankinson Hernandezserves as employment counsel forAstraZeneca Pharmaceuticals, LP inWilmington, Del.50CUALAWYER /Spring–Summer 2008

ALUMNI NewsDouglas ‘Doug’ Mullen joined the AirTransport Association as a senior attorneyin May 2007.Kristine Maciolek Small and her husband,Kevin, are the proud parents ofGavin Joseph Small, born Jan. 8, 2008.Maciolek Small is currently a practicingin-house attorney for Toll Brothers, Inc.,a residential homebuilder.2000Elizabeth M. Burke has been electedpartner at the Washington, D.C., officeof Finnegan, Henderson, Farabow,Garrett & Dunner, LLP.Joseph L. Felber has been appointedin-house patent counsel at SanDiskCorporation, Kfar Saba, Israel.D. Randall Gilmer has been electedpresident of the Michigan lawyers chapterof the Federalist Society for 2008.Gilmer also has recently been appointedto the board of directors of the Dr.Charles Drew Academy, a public charterschool located in Ecorse, Mich. Gilmercontinues to work at Kupelian Ormond& Magy, P.C., in Southfield, Mich.,focusing on police liability defense.U.S. Air Force Capt. Candace L.Hunstiger was among six members ofthe 11 th Wing at Bolling Air Force Basein Washington, D.C., to receive JudgeAdvocate General Awards for outstandingservice. Hunstiger specificallyreceived the Air Force District ofWashington Outstanding JudgeAdvocate of the Year Award. The annualaward is given to an officer who demonstratesexcellence, initiative and devotionto duty. She is the deputy staff judgeadvocate. Hunstiger was deployed toDiego Garcia in 2005 and to Iraq in2007. She was promoted to major inApril 2008.Francis J. “Tripper” Ortman III wasnamed a partner in the labor andemployment department of SeyfarthShaw. He practices in the firm’s SanFrancisco office. Ortman represents andcounsels both public and private sectoremployers in all aspects of labor andemployment law. His experienceincludes the defense of major wage andhour, discrimination and unfair competitionclass actions, as well as the defenseof employers in a variety of claims arisingout of alleged violations of theCalifornia Labor Code and the FLSA.Steven B. Weinberg has been appointedvice president of legal affairs forKerio Technologies, Inc., a provider ofaward-winning Internet security andmessaging software. Weinberg bringsmore than 15 years of operations andmanagement experience in a large internationalorganization and eight years oflegal experience advising global corporateclients in M&A, transactional,employment and corporate practice.2001Heather Frederick Himes has relocatedto Orlando, Fla., and is practicing inthe real estate section of the firm ofAkerman Senterfitt. Her practice focuseson land use and zoning and greendevelopment. Himes and her husband,Mike, welcomed a second daughter tothe family, and are now the parents ofRiley and Alina.Timothy I. Kelsey was named partnerwith the Charlottesville, Va., law firm ofBoyle, Bain, Reback & Slayton effectiveJan. 2, 2008. He specializes in real estate,estate planning, corporate law, zoningand conservation easements.Capt. Richard ‘Rich’ O’Brien is currentlyserving as an Air Force JudgeAdvocate. He is employed as a litigationattorney at the labor law field supportcenter in Arlington, Va. O’Brien wasdeployed to Baghdad as a detainee operationsattorney during the first half of2007. He is married with an 18-montholdson and a second child on the way.Dana J. Thompson was hired as directorof federal relations to Maryland Gov.Martin O’Malley in April 2007.Thompson and his wife, Shera, had ason, Chace Arthur, on Jan. 5, 2008, inWashington, D.C.2002Hugo J. Alfaro was selected inNovember 2007 to the District ofColumbia Superior Court criminal justiceact panel as a provisional member ofthe United States Panel.Ryan M. F. Baron and Christy MarieLopez, 2002, are the parents of MaxtonMichael Baron, born Oct. 12, 2007. Thecouple was married in October 2007.Baron is a deputy in the county counsel’soffice in his native Orange Countywhere he practices in the areas of landuse and communications law. Lopez isan associate with the city attorney lawfirm of Aleshire & Wynder, LLP whereshe represents cities in the areas of publiclaw, labor and employment, and communicationslaw.Myles J. Edwards joined AccessInternational Advisors LLC, a NewYork City-based $4 billion hedge fund inApril 2007. He is general counsel andchief compliance officer. Edwards overseeslegal and compliance activities inthe British Virgin Islands, CaymanIslands and Guernsey. He monitors theactivities of related entities in theBahamas and London. Edwards isregarded as a noted expert and speakeron international alternative investmentregulatory schemes.Angela M. Pegram has joined the officeof the U.S. attorney for the District ofColumbia, where she works in the misdemeanorunit of the general crimes section.Pegram was the managing editor ofthe Catholic University Law Review.Following graduation, she joined the lawfirm of Jones Day as an associate. In2004, Pegram left the firm to serve as ajudicial law clerk to the Hon. Richard J.Leon, U.S. District Court for theDistrict of Columbia. Since 2005,Pegram had worked as an associate atWilmer, Cutler, Pickering Hale & Dorr,where she represented clients in criminaland civil investigations.Spring–Summer 2008 / C UALAWYER 51

ALUMNI News2003Gary W. Desper was appointed inFebruary 2008 by Maryland AttorneyGeneral Douglas F. Gansler as an assistantattorney general. Desper provideslegal counsel and representation in theareas of real estate, personnel and procurementlaw to the MarylandDepartment of Housing and CommunityDevelopment in Crownsville, Md.Desper and his wife, Chantal, are pleasedto announce the birth of their secondchild, Garrison Kent Desper, born July24, 2007, in Columbia, Md. Big sisterSylvia, age 4, happily welcomed thearrival of her little brother.Conrad J. DeWitte has joined the civildivision of the United States JusticeDepartment as a trial attorney in the intellectualproperty section. Previously, hewas an associate in the Washington, D.C.,office of Baker & Hostetler, LLP and specializedin intellectual property law.Meryle Freiberg Dunlap and TedDunlap are the proud parents of KaylieIsabel Dunlap, who was born on St.Patrick’s Day, 2008. Meryle continues towork at the law firm of McNamee Hoseaas a litigation associate.Jennifer A. Jackson and William JosephMiller were married in a private ceremonyin Myrtle Beach, S.C., on May 3, 2008.Steven E. Kaplan was hired as a lateralassociate by Washington, D.C.–basedLittler Mendelson, P.C., in June 2007.Jared N. Leland is an attorney with thePittsburgh, PA office of Keevican WeissBauerle & Hirsch LLC, where he practiceswithin the corporate practice groupand is the founder and chair of its entertainmentlaw practice group.Grayson and Chiarra-May Strattonhave recently welcomed their secondchild, Mac. Their daughter, Jorja, isapproaching her 2nd birthday. Gray alsorecently left the U.S. Securities andExchange Commission’s division ofenforcement to join the litigation groupat DLA Piper LLP in Washington, D.C.Devin M. Swaney has joined the NewYork City office of Winston & StrawnLLP as a capital markets attorney.Swaney is a certificate graduate of CUA’sSecurities Law Program and began hiscareer with the National Association ofSecurities Dealers.Thomas Vecchio has been namedamong the “Pennsylvania Rising Stars”as voted by his peers and facilitated byLaw & Politics and Philadelphia magazine.Vecchio is an associate with thePhiladelphia firm of Dilworth Paxsonand concentrates his practice on complexcivil litigation, First Amendmentissues and insurance coverage disputes.Mark P. Williams has accepted a positionas a professional legal volunteerwith the Parque Nacional Galapagos,working in the development andenforcement of fishery and tourism lawsaimed at conservation of the GalapagosIslands of Ecuador. His wife, Rebecca, isa serving as a development manager forthe Fundacion de Charles Darwin.2004Lisa Lee Boemmel married her husband,Chris, on Nov. 21, 2007, in Las Vegas.Boemmel works in the assistant attorneygeneral’s office for the state of Florida.Timothy P. Kilgore has joined Jackson& Campbell’s Washington office as anassociate in the firm’s insurance coveragepractice group. Before joining the firm,Kilgore was an associate at Ecclestonand Wolf in the firm’s D.C. office.Brenna Steinert Lenchak and her husband,Emil Lenchak, celebrated thebirth of their daughter, Charlize Emma,on March 26, 2008.Carolyn M. Marowas named to the2007 “Rising Stars”list, compiled byPhiladelphia magazineand Law & PoliticsMedia. The “RisingStars” list was publishedin December2007, in conjunction with the release ofthe annual “Super Lawyers” issue of themagazine. Maro is an attorney withCurtin & Heefner LLP, one of BucksCounty’s oldest law firms.Petula Alston Metzler was elected to afour-year term on the board of directorsof the Prince William County, Va., BarAssociation in January 2008.Sheila M. Power is currently a realtorwith Coldwell Banker, working in partnershipwith her husband, LarryChartienitz.Cory L. Zajdel is an associate with theTowson, Md., firm of Quinn, Gordon &Wolff, Chtd., where he representsconsumers in class action litigation infederal district and appellate courtsacross the country, as well as in Marylandstate court. Zajdel co-authored briefs inthree recently published opinions: Healthv. Stewart Title Guaranty Company, Woods v.Stewart Title Insurance Company, andBenway v. Resource Real Estate Services. Healso was co-author of an amicus brief tothe Maryland Court of Appeals whichwas signed by a coalition of civil rightsgroups, that supported the recovery of areasonable attorney fee under a shiftingstatute for appealing an adverse trialcourt proceeding.2005Alicia Ray Cobb and her husband,Gary, welcomed their daughter, RayaLynn, on June 28, 2007. The familyresides in Quantico, Va.Jennifer Langlois Crawford marriedTodd Crawford on May 5, 2007. Thecouple resides in Wynnewood, Pa.Dana R. Davis began as assistant publicdefender with the Maryland Office ofthe Public Defender in Prince GeorgesCounty in of November 2007.Nicole D. DeCostello and Peter C.Cole, 2005, were married on Dec. 1,2007, at The Grand Summit Hotel inSummit, N.J. Other 2005 CUA graduatesin attendance were Jared52CUALAWYER /Spring–Summer 2008

ALUMNI NewsGreenstein, Aaron Lee, Grace Chan,Melissa D’Ambrose, Mandi Werner,Machalagh Proffit-Higgins andBrendan Carr. The couple spent threeweeks honeymooning in Thailand andnow reside in Glen Ridge, N.J. Cole isan investigating attorney with the NewJersey Bureau of Securities. DeCostellois an associate with the law firm ofCarroll, McNulty & Kull, L.L.C.All in the FamilyGraduation Class of 2008Marina Mogil Kozmycz was promotedto captain, United States Air Force, inApril 2007. She married David Kozmyczon Dec. 17, 2007.Stephen J. O’Connor has joined theAustin, Texas, office of Tindall & Foster,P.C., where he specializes in immigrationlaw. He is married to YingyingZhang-O’Connor.Johanna Liparini Oliver married JasonOliver on Sept. 8, 2007. Her husbandworks for the U.S. Secret Service. Oliverbegan a new job with the Hatch ActUnit of the U.S. Office of SpecialCounsel in March 2008. The coupleresides in Washington, D.C.Jessica Aspinwall Springsteen and herhusband, George, welcomed their secondchild, George Aspinwall Springsteen, onNov. 9, 2007. They also have an 18-month-old son named Lucas.2006Deanna M. Hackworth began as anassociate in the Rockville, Md., office ofWolpoff & Abramson, L.L.P. inNovember 2007, focusing on the firm’sconsumer collection and consumer litigationpractice areas. She became engagedon Dec. 21, 2007, to Angel Rodriguez ofAlexandria, Va.Michael D. Magidson began as an associatein the corporate group of the Tampa,Fla., office of Broad and Cassel in March2007. He married Ashley Buchanan onMay 19, 2007, in Clearwater, Fla.Cecilia Jardon McGregor has joinedSocial Security Administration’s NationalHearing Center as an attorney-adviser.R. Alex DuFour, 2006brother-in-law of William CannonMolly Cannon, 2007sister of William CannonEdward Liu, 2007brother-in-law of William CannonSilverio Coy, 1983father of Jonathan CoyAmy Hogan-Burney, 2004wife of Keith BurneyDaniel P. Kelliher, 1995cousin of Sean Patrick DalyTerrance P. Dailey, 1993uncle of Meaghan FitzgeraldKristen A. Holt, 2006sister-in-law of Margo E. Hennigan*deceasedFrancicso Hernandez Jr., 1990uncle of Estela HernandezDavid P. Langlois, 1970uncle of Malcolm L. LangloisMelissa K. Ngaruri, 2007wife of David W. Ngaruri KenneyJohn Whelley, 1974*uncle of Justin W. McCabeWilliam J. Roberts Sr., 1981father of Sarah RobertsRobin Schachter, 1977father of Neil SchachterPaul Versaw, 1973father of Greg E. VersawStephen Margetonfather-in-law of Matthew Bernt(Director of the Law Library)Spring–Summer 2008 / C UALAWYER 53

ALUMNI NewsIn Memoriam1938Edward A. Dent Jr. passed away onMarch 6, 2008, at his home inWashington, D.C. Married to ElizabethCox for more than 69 years; he is survivedby six children, 19 grandchildrenand 14 great-grandchildren.1941John Edward “Jack” Ritzert, 89, aDefense Department division chief,died of congestive heart failure Feb. 4,at his home in Lewes, Del. He was alongtime resident of Fairfax City andLewes. Born in Dayton, Ohio, his familymoved to Washington in the late1920s. Mr. Ritzert’s career with the federalgovernment began in 1943, whenhe joined the Office of StrategicServices. He remained with its successor,the Central Intelligence Agency, until1961, when he began working for the AirForce. During this time, he played a keyrole in the review of government securitypolicies that were critical in the establishmentof commercial flights betweenthe United States and the Soviet Union.Mr. Ritzert received the Secretary ofDefense Meritorious Civilian ServiceMedal from Secretary of Defense HaroldBrown. He retired in 1980, but continuedto work with the Department of Defenseuntil 1985. He had a lifelong love of traveling,fishing, boating, music and goodfood and was a voracious reader.Survivors include his wife of 59 years,Mary Elizabeth Cleary “Betty” Ritzert ofFairfax City and Lewes, five children andsix grandchildren.1973George Didden III died on Dec. 21,2007, at his home in Chevy Chase, Md.,from complications due to sepsis. Hewas 62. On the day before his death,Mr. Didden and his wife, Kathryn, celebratedtheir 38 th wedding anniversary.For more than four decades, Diddenworked with his father, George Jr., andthree brothers at the D.C.-basedNational Capital Bank of Washington,one of the oldest financial institutions inthe area. An attorney and banker, Mr.Didden succeeded his father as chairmanand chief executive officer of thebank in 1995 and held those positionsuntil his death. Throughout his career,Mr. Didden served on the boards ofnumerous industry groups and otherbusiness and civic organizations. Hewas president of the District ofColumbia Bankers Association from1983 to 1984. He later was on theboard of the Federal Reserve Bank ofRichmond.1988Robert A. Spar, 44, died on April 15,2008, after battling gastrointestinal cancer.A partner in the Baltimore office ofPhiladelphia-based Saul Ewing LLP,Spar was well known for his work in thetechnology community. Spar helpedfound the Maryland Incubator Companyof the Year Awards in 2000, and cochairedthe transactions and strategicalliances team of Saul Ewing's life sciencepractice. Spar's legal expertiseranged from transactional work likemergers and acquisitions to federal,state and local taxation. His communitywork included serving on the boards ofdirectors for the University of Maryland,Baltimore County Research Park andthe Greater Baltimore TechnologyCouncil. Spar is survived by his wife,Anne, and three daughters: Jennifer, 6;Nicole, 4; and Lindsey, 2.Maia C. Miller is among 12 newassistant U.S. attorneys who havejoined the United States Attorney’sOffice for the District of Columbia.Miller has been assigned to thedomestic violence misdemeanor unit.She was previously a clerk for JudgeRandy Bellows in the Fairfax CountyCircuit Court, Va.John L. Schlageter was appointedgeneral counsel with the Archdiocesefor the Military Services inSeptember 2007. The Archdiocesefor the Military Services USA spansthe globe in its ministry to active dutymilitary and their families. All pastoralneeds and concerns areresponded to by the staff of theArchdiocesan offices, located inWashington, D.C.Rebecca N. Schwartz is engaged toJeff Hanscom. Schwartz is a managerwith the regulatory and governmentaffairs office of the TelecommunicationsIndustry Association.Emily C. Scruggs is among 12 newassistant U.S. attorneys who havejoined the United States Attorney’sOffice for the District of Columbia.Scruggs has been assigned to the misdemeanorsection. She was previouslya clerk for Judge John Fisher of theD.C. Court of Appeals.Lt. Sean M. Thompson married JillLaurendeau of Hooksett, N.H., inNovember 2007.Jori Frahler Tulkki moved to SanDiego, Calif., in August 2007 toaccept a job with Gen-ProbeIncorporated, a molecular diagnosticcompany. Tulkki is the associatedirector for government and corporateaffairs, and lobbies on issuespertaining to federal, state and localmatters that affect the company. Shemarried Mark Tulkki in July 2007.Dr. Remy Yucel has been advisingU.S. Sen. Orrin Hatch on intellectualproperty matters including54CUALAWYER /Spring–Summer 2008

ALUMNI Newswork on the Patent Reform Act, performancerights, orphan works anddesign piracy legislation. She has alsoprovided legal and scientific counsel toHatch on follow-on biologics legislation.Yucel has joined the ranks of thesenior executive service as a director atthe United States Patent andTrademark Office in the area ofbiotechnology and chemistry.2007Danielle M. Benoit has accepted aposition as an associate in the telecommunicationspractice group at WombleCarlyle Sandridge & Rice inWashington, D.C.Alexis E. Buckhannon has accepteda new position as an attorney in theoffice of the chief counsel at theTreasury Inspector General for TaxAdministration.Elizabeth F. Getman joined Sandler,Reiff & Young PC, an election and campaignfinance law firm, in November2007. She submitted her first merits briefto the United States Supreme Court inFeb. 2008 as co-counsel in Davis v. FEC,a campaign finance case challenging aparticular provision of the BipartisanCampaign Reform Act. In August 2008,Getman will begin serving as co-chair ofthe election law committee of the ABA’sAdministrative Law Section.Anna Rallis Koubahas joined Hogan& Hartson inWashington, D.C., asan associate in thereal estate group.John C. Luke Jr. was a guest on NBC’sToday show on Feb. 15, along with hisclient Raelyn Campbell, who is suingBest Buy for $54 million for the loss ofher personal laptop computer. Campbellhad brought the machine in for repairs.She alleges that the company lost italong with her most valuable personalfiles, and then gave her the runaroundfor months as she tried to establish whathappened to her property.Lt. Katie A. Moulthrop was stationedat Hickam Air Force Base on Oahu,Hawaii, in November 2007. She is currentlythe chief of administrative law.She became engaged in December 2007and will wed in Oklahoma City inSeptember 2008.Melissa A. Parham passed the July2007 Arizona bar exam. She was recentlyappointed as an assistant attorney generalfor the state of Arizona, working inthe criminal appeals section.Joseph W. Taylor has joined theWashington, D.C., office of Fish &Richardson P.C. as an associate, it wasannounced in January. Taylor practicesin the firm’s regulatory and governmentaffairs group. In law school, Taylor wasnamed Best Oral Advocate in the FederalCommunications Bar Association’s 2006National Telecommunications MootCourt Competition.PROVIDE FOR YOUR FUTUREWHILE SUPPORTING THE LAW SCHOOLYou can make a significant gift to the Columbus School of Law and provideyourself with a lifetime income stream and considerable tax benefits!With a gift annuity, you make a gift of cash or securities to the law school andthen receive periodic fixed payments for the rest of your life. These payments maybegin immediately after the gift annuity is established, or they may be deferred toa future point, such as retirement.Some of the benefits of a gift annuity include the following:• A portion of your gift amount will be tax-deductible• A portion of the income you receive will be tax-deductible• Your gift may help reduce eventual estate or capital gains taxes.The law school adheres to the charitable gift annuity rates established by the AmericanCouncil on Gift Annuities. If you would like to learn more about this or other planned giftopportunities, please contact Phillip Orleans at the law school at 202-319-4638 or Orleans@law.edu.Spring–Summer 2008 / C UALAWYER 55

ALUMNI NewsCross CountryAlumni gatherings nationwideABA Mid-year MeetingDean Miles attended the ABA Dean’s Mid-year Workshop inSanta Monica, Calif., where she was a speaker on a panel workshoptitled “The Stages of Deaning.” The law school also held anAlumni & Friends of the Law School Reception at the meetingand other alumni events in the San Francisco Bay area.First-Year Reception for Day StudentsBoard of Visitors member Richard L. Slowinski, 1991, hosted areception for first-year day students at Baker & McKenzie LLP inWashington, D.C.RichmondOn June 2, the Virginia State Barwelcomed a number of CUA Lawalumni — many of whom were on handfor the Pre-Swearing In breakfast intheir honor. Board of Visitor memberSarrita Cypress, 1990, moved the newestmembers before the court. Pictured hereare Ann Kathryn So, 2007; CatherineOlin, 2007; Cypress; and ChristopherDunn, 2006.AALS Annual MeetingDean Veryl V. Miles joined Professor RalphRohner (holding award) as he was presentedwith the Tri-centennial Medal of Appreciationby Marek Bojarski, (2 nd from right) dean of thelaw faculty at the University of Wroclaw, Poland,for his involvement in strengthening American-Polish educational collaboration. It was awardedto Rohner at a CUA law alumni reception inNew York City in January, which was held inconjunction with the Annual Meeting of theAssociation of American Law Schools. ProfessorRohner’s wife, Monica, is at far left.Montgomery County Alumni & Friends ReceptionMembers of the Montgomery County Bench and Bar at an Alumni & Friends ReceptionJan. 16, 2008, at the Hyatt Regency Bethesda56CUALAWYER /Spring–Summer 2008

Sept. 19–20,2008Celebrating the classes of195819631968197319781983Friday, Sept. 19Welcome Back CelebrationRooftop of The John F. Kennedy Centerer6–9 p.m.Saturday, Sept. 20Breakfast ast in the AtriumLaw School9:30–10:30 a.m.Dean and ForumWalter Academic September teWeWalteem A.Slowinski rwiCourtroom, 19 - oom, 20,Law La20,LwS 2003School0310:30 a.m.–Noon19888199319982003CUA LawCommunity PicnicLawSchool CampusNoon–2:30 p.m.Individual Class ReceptionsPrivate venues in the District7–11 p.m.2003 For more information, visit www.law.edu/alumniw.edu/Welook forward to seeing youin September!or contact theOffice of Alumni Relations202-319-5670; 1-877-7CUALAWor e-mail cualawalumni@law.eduw.

TOMORROW’S AlumniWhat’s New with CUA Law StudentsRising 1D Bryan Clark was the subjectof a story posted on Washingtonian.comfor a series called “Love Stories.” Thearticle recounted the tale of his creativemarriage proposal to his wife, Audra, inJune 2004.Rising 2D Stephen Landman’s researchpaper on bank liability for transferringmoney to terrorists was published on theWeb site of the International Assessmentand Strategy Center on Feb. 2, 2008.Rising 2D Camilla McFarlane is thefirst recipient of the Norman DorsenFellowship. Created by New YorkUniversity law professor NormanDorsen, the fellowship allows forstudent support of the Society ofAmerican Law Teachers. SALT is acommunity of law professors dedicatedto assisting faculty and students to developlegal institutions of greater equality,justice and excellence. A student in theCUA general practice clinic, McFarlaneis also a member of the school’s Law andPublic Policy program, CommLawConspectus: Journal of CommunicationsLaw and Policy, and serves as communityservice coordinator for the Black LawStudent Association.Rising 2L Elena Schwieger won firstprize in the Mendes Hershman StudentWriting Contest for the 2007–2008academic year, an annual competitionsponsored by the American BarAssociation Section of Business Law.Very Rev. David M. O’Connell (center) hostedmembers of the law school’s Student BarAssociation for a dinner on March 26, 2008,at the president’s residence.Moot Court SuccessesCatholic University’s 2008 Vis Moot Court team continued its impressive climb inMarch in one of the world’s toughest moot court competitions. Competing for onlythe third time in the annual Willem C. Vis International Commercial Arbitration Mootin Vienna, Austria, the Columbus School of Law’s nine-member squad advanced tothe elimination rounds for the first time. By the end of the grueling competition,CUA’s students placed 27 th overall out of 204 teams. They bested nearly 180 otherlaw schools and advanced as far as any other D.C.-area law school.The three-student team representing the Columbus School of Law in the 33 rdAnnual Irving R. Kaufman Memorial Securities Law Moot Court Competition heldin New York City March 7 through 9 bested 15 of the 19 participating teams whileadvancing to the semi-finals. Tiffany Yeselski (2E) was recognized as the “BestPreliminary Round Speaker,” which is a first for a CUA law student. The team’s briefwas also cited for excellence.Catholic University’s team reached the quarterfinals and ultimately placed 7 th in a 24-team field at the 2008 Philip C. Jessup International Moot Court Competition’s Mid-Atlantic Super Regional, hosted this year by George Washington University LawSchool from Feb. 28 to March 2. Associates Nikki Kennedy (3D), Cliff Borjeson(3D), Andrew Lopez (3D) and Andrew McAllister (2E) were paired against GeorgeMason University, the No. 2 seed in the competition, during the quarterfinal round.Borjeson and Lopez were ranked the 3 rd and 7 th best oralists respectively, out of apool of approximately 100 students.Catholic University’s team of Tyler Van Voorhees and Patrick Halley advancedto the final round and finished second overall to Southwestern University in the2008 National Telecommunications Moot Court Competition, held Feb. 1–2 atCatholic University.Rising 3E Alejandro Valencia is theauthor of “Inequitable Results inTransnational Patent InfringementLiability: Closing the MethodLoophole,” which was published in theIntellectual Property and TechnologyForum, a journal from Boston CollegeLaw School.Four Catholic University law studentswere selected as the 2008 recipients ofthe Charles and Louise O’BrienFellowships. Each of the fellows receives$6,000 in financial support while workingin a pro-bono legal capacity duringthe summer. The fellows are rising second-yearstudent Robert Jasinski andrising first-year students Julie Verratti,Kelly Van Buskirk and Laila Leigh.A paper published in the CatholicUniversity Law Review was the subjectof a Feb. 21, 2008, story by Newsweekonline. “Thou Shalt Not Steal? The surprisingcorrelation between paydaylenders and conservative Christians”examined the work of professorsChristopher Peterson and StevenGraves, which found a correlationbetween the geographic density of “payday”lenders and the political clout ofconservative Christians.58CUALAWYER /Spring–Summer 2008

CALENDAR OF EventsAlumni Events CalendarJune 6/21/08 Alumni & Friends Receptionin conjunction with the Virginia Bar Association Annual MeetingVirginia Beach, Va.August 8/8/08 Alumni, Faculty & Friends Receptionin conjunction with the American Bar Association Annual MeetingInterContinental HotelNew York, N.Y.September 9/19–9/20/08 2008 Reunion WeekendColumbus School of LawWashington, D.C.TBDHoward County Alumni & Friends ReceptionOctober 10/10/08 CUA Law Board of Visitors MeetingColumbus School of LawWashington, D.CMake sure to visit www.law.edu/alumni for updates to the events calendar.For additional information regarding these and other alumni activities, please call202-319-5670 or 1-877-7CUALAW or e-mail:cualawalumni@law.edu60CUALAWYER /Spring–Summer 2008

THE CATHOLIC UNIVERSITY OF AMERICAColumbus School of LawWashington, DC 20064NON PROFIT ORGU.S. POSTAGEPAIDPERMIT 382DULLES VA