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Benchmark Column - May 2009 - Thomas M. Cooley Law School

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THE THOMAS M. COOLEY LAW SCHOOL<strong>Benchmark</strong>C OLTHE THOMAS UM. COOLEY LAW MSCHOOL ALUMNI NEWS NPUBLICATIONMAY <strong>2009</strong> • VOLUME 1 • NUMBER 2<strong>Cooley</strong> Graduate Serves Those in Need<strong>Cooley</strong> <strong>Law</strong> <strong>School</strong> Staff Attorney Misty Davis (center) discusses an Access to Justice case with <strong>Cooley</strong> <strong>Law</strong> <strong>School</strong>student Amy Riley (right) and Davenport University paralegal student Adam Kumler.ONE LAWDEGREE,MULTIPLEUSES.“In the National Diet, we make new laws for Japanevery day. While knowing U.S. law doesn’t directlyhelp [when working with Japanese law], a legaleducation really trained me to have a legal mindand to think logically, theoretically and critically,and I’m able to express myself clearly.”Hiroe “Ruby” Makiyama (<strong>Law</strong>rence Class, 1991)NonprofitOrganizationU.S. PostageP A I DLansing, MIPermit No. 241Change Service Requested300 South Capitol Ave.P.O. Box 13038Lansing, MI 48901INSIDECOOLEY OFFERS MORE SUPPORT FOR SOLDIERSRACE FOR EDUCATION: 10-YEAR ANNIVERSARYDISCOVERING THE BENEFITS, CHALLENGES OF E-DISCOVERYONE LAW DEGREE, MULTIPLE USESTHE LAW LIBRARY OF TOMORROWADVANCING OPPORTUNITIESCOOLEY GRADUATE SERVES THOSE IN NEED


FEATURE ARTICLEWELCOMETO THEBENCHMARKCOLUMNIt is an exciting time at <strong>Cooley</strong> <strong>Law</strong> <strong>School</strong>.It’s graduation season, the time when anothergroup of talented professionals become partof the exclusive club called <strong>Cooley</strong> alumni.Dear <strong>Thomas</strong> M. <strong>Cooley</strong> <strong>Law</strong> <strong>School</strong> Graduate:It is an exciting time at <strong>Cooley</strong> <strong>Law</strong><strong>School</strong>. It’s graduation season, thetime when another group of talentedprofessionals become part of theexclusive club called <strong>Cooley</strong> alumni.<strong>Cooley</strong> graduates are all over the globe,serving as leaders in law, government,their communities, and countless other fields of endeavor.In this edition of <strong>Column</strong>, you’ll find stories about how:• Our school and its graduates are serving in-needpopulations (<strong>Cooley</strong> Graduate Serves Those in Need)and (<strong>Cooley</strong> Offers More Support for Soldiers)• A <strong>Cooley</strong> graduate is now an elected leader in hernative Japan (One <strong>Law</strong> Degree: Multiple Uses)• The world of law is changing (Discovering theBenefits and Challenges of e-Discovery), and(Advancing Opportunities)The world of <strong>Cooley</strong> <strong>Law</strong> <strong>School</strong> is changing as well. Aswe continue to provide practical legal education to growingnumbers of students from near and far, we take pride inknowing that the quality of our curriculum, faculty, andfacilities supports a world-class legal education from ourthree campuses in Michigan.At our campus in Lansing, we are ready to embarkon an unprecedented expansion that will make the<strong>Thomas</strong> E. Brennan <strong>Law</strong> Library the nation’s second largestlaw library in physical size (see The Library of Tomorrow).But we need your help. The $6 million expansion project isdependent on your generous philanthropic support.To build the Center for Research and Study libraryexpansion, we are asking alumni and friends of <strong>Cooley</strong>to contribute $3 million as part of our Campaign forKnowledge.We are off to an excellent start, having already raisedmore than $1.5 million for the expansion. But there ismore work to be done to ensure that <strong>Cooley</strong> studentshave access to the library resources that they need,when they need them. As you know, a state-of-the-art lawlibrary is one of the most valuable assets of any leadinglaw school. It is a place where the rules of the justicesystem are found and examined.I invite you to learn more about the Campaign forKnowledge by calling me at 517-371-5140 ext. 2045,or visiting www.cooley.edu/giving.Sincerely,James D. RobbAssociate Dean of Development and Alumni Relationsrobbj@cooley.eduCOOLEY LAW SCHOOL OFFERS MORESUPPORTFOR SOLDIERSSTATE’S MILITARY MEMBERS STAND TO BENEFIT FROM NEW MICHIGANJUDGE’S GUIDE TO THE SERVICEMEMBERS CIVIL RELIEF ACTThe Servicemembers Civil Relief Act (SCRA) offersspecial protections to soldiers against civil actions likedivorce and foreclosure while they are deployed.However, varying state laws and interpretations canproduce confusion in the law’s application.A new effort among the <strong>Thomas</strong> M. <strong>Cooley</strong> <strong>Law</strong><strong>School</strong> and attorneys with the Detroit office ofHonigman Miller Schwartz and Cohn LLP is bringingclarity to SCRA’s application for Michigan’s courtsand, ultimately, providing another layer of support toMichigan servicemen and women.Created by Honigman partner Matthew S. Disbrowand associate Shanta S. Anderson-Williams in thefirm’s Labor and Employment Department, theMichigan Judge’s Guide to the Servicemembers CivilRelief Act offers a state-specific view of the SCRA’sapplication for everything from proceduralrequirements to general provisions concerningevictions, auto leases, and termination of cellphone service contracts. <strong>Cooley</strong> graduate RyanPlecha (Clark Adams Class, 2008) assisted indeveloping the guide.“While most judges generally are aware of theSCRA, there often is confusion about its applicationdue to varying state laws and interpretations over theyears,” said Disbrow. “The guide references case lawfrom Michigan courts with the purpose of assistingthe judiciary and other members of Michigan’s legalcommunity in understanding SCRA and its protectionsfor military personnel and their families.”Supported by a grant from the Michigan State BarFoundation, the user-friendly guide will be distributedto every Michigan judge and Friend of the Courtoffice in the state. The full guide, which features aforeword by Michigan Supreme Court Chief JusticeMarilyn Kelly, is also accessible at cooley.edu/ethics.“This document couldn’t come at a better time withthousands of military personnel returning to Michiganfrom deployment this year,” said Heather Spielmaker,director of <strong>Cooley</strong>’s Center for Ethics, Service andProfessionalism which houses <strong>Cooley</strong>’s Service toSoldiers: Legal Assistance Referral Program.Enacted by Congress in 2003, the SCRA was designedto protect the personal interests of servicemen andwomen at home while they protect the interests of ourcountry abroad.From left to right: Partner Matthew S. Disbrow of the Detroit office of Honigman Miller Schwartz and Cohn LLP; Heather Spielmaker, director of <strong>Cooley</strong>’sCenter for Ethics, Service and Professionalism; Honigman associate Shanta S. Anderson-Williams; and <strong>Cooley</strong> graduate Ryan Plecha.Enacted by Congress in 2003, the ServicemembersCivil Relief Act was designed to protect the personalinterests of servicemen and women at home whilethey protect the interests of our country abroad.ALUMNI DATABASEThe user name will always remain the word alumni. The password changes each term and will be disclosed in the <strong>Benchmark</strong> <strong>Column</strong> on the inside front cover. Please call the Alumni Relations Office at (800) 243-ALUM (in the Lansing area,call 517-371-5140, ext. 2038), or e-mail alumni@cooley.edu if you have any problems.BENCHMARK COLUMN | MAY <strong>2009</strong> | VOLUME 1 | NUMBER 2


FEATURE ARTICLEFriday, June 5, <strong>2009</strong>Register now at cooley.eduor active.comSUPPORTING SCHOOLS: COOLEY’S 5KRACE FOR EDUCATION CELEBRATES 10THANNIVERSARY AND COMMITMENT TOSTRENGTHENING OUR SCHOOLS.The nation’s economic crisis is impacting everyone,including many schools. Programs are being slashed,budgets cut and administrators are looking for anyway possible to raise a few extra dollars to helpsupport needed initiatives. <strong>Cooley</strong> is pleased tooffer one way for anyone to support a school –its <strong>Cooley</strong> 5K Race for Education.On June 5, hundreds of adults and youth will walk,run, and dash their way along a race course that beginsat the Michigan State Capitol and takes participantsthrough the historic downtown Lansing area in supportof educational institutions. Celebrating its 10th anniversarythis year, the race has become a <strong>Cooley</strong> tradition,raising more than $70,000 for schools since its inceptionin 2000. Each year, race participants nominate schoolsfor a drawing, out of which <strong>Cooley</strong> awards five schoolswith a percentage of the total race proceeds. In addition,one educational institution receives the $1,000<strong>Cooley</strong> Award.The <strong>Cooley</strong> 5K Race for Education is an extensionof <strong>Cooley</strong> <strong>Law</strong> <strong>School</strong>’s mission of serving the community,explained race director Terry Carella, whoalso is <strong>Cooley</strong>’s director of communications. “Therace is an opportunity for the community to gatherin support of education, especially at a time whenschools need every boost possible,” she said.Last year, <strong>Cooley</strong> awarded more than $10,000 toschools. <strong>School</strong>s ranging from a community collegeto elementary schools received funds.Schavey Road Elementary in Dewitt, Michigan usedthe extra dollars to support its Kids Program.“What a surprise,” said Pat Howard, Schavey’s communityeducation director, upon hearing the news thatthe school had received funds from the 2008 Race forEducation. “The Kids Program is an after-school andsummer childcare program for the DeWitt communityand we'll be able to use the money toward variousactivities, including field trips and different artistsand acts for the children.”The race also gives adrenalin-charged runners anopportunity to compete. In addition to overall maleand female winners’ categories, the race includesprizes to male and female master’s (ages 40-49) andgrand master’s (ages 50 and up) categories. The raceis part of the Playmakers Greater Lansing RaceSeries, a 12-race running series in which runnerscompete for prizes.While the race is popular among many mid-Michiganrunning groups, it also attracts a wide range of participantsincluding <strong>Cooley</strong> alumni, students, faculty, andattorneys. Lansing’s own Jef Mallett, creator of thenationally syndicated Frazz comic strip, also hasparticipated in the race festivities.All race participants, regardless of their speed, aresupporting their schools of choice and have an equalchance to win a portion of the race proceeds or the<strong>Cooley</strong> Award for nominated institutions, Carellaexplained. Families often walk the 5K course, enjoyingthe tour of downtown Lansing and neighborhoods onthe race route. The event also offers the Kids’ Racearound the Michigan Capitol (approximately ½ mile)and the Kids’ Capitol Dash (100 yards).The 10th anniversary <strong>Cooley</strong> <strong>Law</strong> <strong>School</strong> 5K Racefor Education will be held on Friday, June 5, <strong>2009</strong>(register online at cooley.edu or active.com).Q&AQUESTIONS AND ANSWERS WITHCOOLEY’S 5K RACE FOR EDUCATIONDIRECTOR, TERRY CARELLATerry Carella, Race DirectorWhat was your motivationfor establishing the <strong>Cooley</strong>5K Race for Education?Not surprisingly, I came up withthe idea of doing a <strong>Cooley</strong> raceduring one of my long runs over10 years ago. At the time, I dida lot of local 5K runs and really missed doing TheMichigan Run, a straight, 3.1-mile run down MichiganAvenue to the Capitol. I thought, “A race downtownwould be the perfect way to bring people to the StateCapitol, run them around all the <strong>Cooley</strong> facilities andthe historic downtown district – plus significantly helpto support education at the same time.What excites you most about this race?It’s exciting to me knowing that the <strong>Cooley</strong> race reallyhas something for everyone. Having run many, manyraces, anything from 5Ks to marathons and runningrelays, I’ve lived and learned what kinds of thingspeople want from a race. We have a fantastic race indowntown Lansing. We have a huge, fun partyon the Capitol lawn, including the rhythm-and-bluessounds of the Uptown Band, a food spread toplease anyone, children’s activities and races, verycool shirts, coveted prizes and awards, and, ofcourse, the excitement of the possibility of winningproceeds for your school of choice.The <strong>Cooley</strong> 5K Race for Education willcelebrate its 10th anniversary this year;what has surprised you most about thisrace during the past decade?I don’t know if I’m surprised, but I know that whenI first concocted this idea, there were a number ofskeptics on whether or not it would amount to much.We managed to bring in 200 or more runners andwalkers our very first year, which made the <strong>Cooley</strong>5K Race for Education one of the largest races in thearea at the time. Since that first race in 2000, we haveseen the success of the <strong>Cooley</strong> race grow and groweach year. People look forward to the race and makesure to put it on their calendars.What do you see in the future for the<strong>Cooley</strong> 5K?I see the <strong>Cooley</strong> 5K Race for Education continuingto grow through the years, and we will be able togive hundreds of thousands of dollars to supporteducation through our effort. I’m sure we’ll be ableto build up what we do at the race to include otheractivities, events, and the benefits that <strong>Cooley</strong> Raceparticipants receive through their support of the raceand for education.You are an experienced runner and arevery involved in the running community;what is special about this race from arunner’s perspective?The most unique and special feature of the <strong>Cooley</strong>5K Race for Education is that every participant hasthe opportunity to win race proceeds for the educationalinstitution of their choice. Other runs aredesigned to benefit one specific cause. <strong>Cooley</strong>’srace participants can feel good about knowing thatthey all have an equal opportunity to truly benefitthe school or educational institution that is mostnear and dear to their hearts.


FEATURE ARTICLEFacultyBriefsFrank C. Aiello,Assistant ProfessorPresented, “Michigan ModelConservation Easement RevisionProject Status Update” at theHeart of the Lakes Center for LandConservation Policy Member Summit, Dec. 2, 2008,in Lansing, Mich.Represented, the Six Rivers Regional Land Conservancywith approximately 60 hours of pro bono legalservice in Hilary Term <strong>2009</strong>.Ron Bretz, ProfessorPublished, an article, “New Eraor Will the High Court Retain ItsRadical Ways?” in Dome Magazine,February <strong>2009</strong>, online atdomemagazine.com.Lectured, with Professor Jim Peden, Criminal <strong>Law</strong>Update, Wayne County Criminal Advocacy Program,Detroit, Mich., Nov. 21, 2008.Spoke, at Lansing Community College’s ConstitutionDay Symposium, Sept. 17, 2008.Lectured, on “The Michigan Criminal Justice System”at the People’s <strong>Law</strong> <strong>School</strong>, Lansing, Mich., Oct. 21, 2008.Mark Cooney,Associate ProfessorPublished,”The Runaway Verdict,”in Vol. 88, No. 2 Michigan BarJournal. 40 (February <strong>2009</strong>).Appointed, to the State Barof Michigan’s Standard Criminal Jury InstructionsCommittee.Mary Phelan D’Isa, ProfessorPublished, “The Removal-RemandShuffle: Is a Remand Order Based on aDiscretionary Decline of SupplementalJurisdiction Reviewable?” PREVIEW ofUnited States Supreme Court Cases(ABA Div. for Pub. Ed.) Issue No. 5, Vol. 36, Pg. 307,Feb. 23, <strong>2009</strong>, 2008-<strong>2009</strong> Term.Published, “What is the Appropriate Standard ofReview for Forfeited Error?” PREVIEW of United StatesSupreme Court Cases (ABA Div. for Pub. Ed.) IssueNo.4, Vol. 36, Pg. 247, Jan. 12, <strong>2009</strong>.Norman Fell, ProfessorAttended, the <strong>2009</strong> InnocenceNetwork Conference, March19-22, <strong>2009</strong>, in Houston, Texas.Attended, the National Institute ofJustice Post-Conviction DNA CaseManagement Symposium Jan. 21-23, <strong>2009</strong>, in PalmHarbor, Fla.Attended, the National Association of CriminalDefense <strong>Law</strong>yers “A New Legal Architecture – LitigatingEyewitness Identification Cases in the 21st Century,”March 14-15, <strong>2009</strong>, at New York University <strong>Law</strong> <strong>School</strong>.Spoke, on “Wrongful Convictions, Actual Innocence andthe Innocence Project,” at The Wrongful Convictions andthe Innocence Project Presentation on Jan. 26, <strong>2009</strong>, atthe University of Michigan <strong>Law</strong> <strong>School</strong>.Spoke, on “Ineffective Assistance of Counsel and theWrongly Convicted; The Public Defender Clinic,” at TheState of Indigent Defense in Michigan on Feb. 26, <strong>2009</strong>at <strong>Cooley</strong> <strong>Law</strong> <strong>School</strong>.Spoke, on “Criminal Justice and Actual Innocence,”at the Criminal Justice Department Presentation onMarch 2, <strong>2009</strong> at the University of MichiganDepartment of Criminal Justice.Spoke, on “Wrongful Convictions, Actual Innocenceand the Innocence Project,” at the Michigan PsychiatricSociety Annual Meeting Nov. 14, 2008, at the Centerfor Forensic Psychiatry in Ann Arbor, Mich.Named, A Leader in the <strong>Law</strong>, by Michigan <strong>Law</strong>yersWeekly, on March 25, <strong>2009</strong>.Alan Gershel, Associate ProfessorAppointed, Chair, of the UnitedStates Federal Magistrate Judge MeritSelection Committee by Chief Judge,United States District Court, EasternDistrict of Michigan.(continued on following pages)e- DISCOVERYDISCOVERINGTHE BENEFITS AND CHALLENGES OFDerek S. Witte, an e-discovery expert and assistantprofessor at <strong>Cooley</strong> <strong>Law</strong> <strong>School</strong>’s Grand Rapids campusTHE SMOKING GUN IN AN INCREASING NUMBER OF LEGAL CASES ISN’T A SURPRISEWITNESS, IT’S A DELETED E-MAIL, TEXT MESSAGE, OR VOICE MESSAGE.Yet tracing the e-trail of potentially explosive data duringthe discovery phase of a case can be an overwhelmingand costly process. It can also mean the difference inwinning or losing a case; consider Clark Hill PLC’s(Detroit office) DaimlerChrysler Motors v. Bill DavisRacing, Inc. (2005 WL 3502172 [E.D. Mich.]), whichnetted a $6.5 million settlement for Chrysler based onspoliation or destruction of e-evidence.“It’s a vast sea of data out there in the e-universe, whichcan often be more retraceable than not,” said Derek S.Witte, an e-discovery expert and assistant professorat <strong>Cooley</strong> <strong>Law</strong> <strong>School</strong>’s Grand Rapids campus. “Manycompanies and individuals have no idea how long andhow deep e-mails, text messages, instant messages, andvoice messages can exist in cyberspace. This has a lot ofimplications for litigation, and the ultimate question iswhether e-discovery helps or hinders cases.”No e-mail is safe from discoveryFor instance, Witte explained that one e-mail can“live” on a multitude of servers, even after the e-mailhas been deleted. “Assume that it will never be totallygone,” said Witte.The plethora of data, combined with its “stayingpower,” presents a multitude of legal and IT issuesfor businesses and individuals, many of whom maynever be part of any future litigation but should considerpreventative policies to keep potentially reckless e-datafrom surfacing.“People can become very informal and unprofessional inall of the new ways there are to communicate, and thatis often how missteps are made,” said Witte. In theChrysler v. Bill Davis case, for instance, the racingcompany was found guilty of passing confidentialinformation to Toyota based on e-mails sent from theprivate AOL account of one of Bill Davis’ engineersto a Toyota employee.Many states are now just catching up with the speedand sophistication of e-discovery. In January, Michiganadopted a series of electronic discovery amendments,including a party’s ability to object to a subpoena fore-files based on “reasonable inaccessibility.”<strong>Cooley</strong> takes the lead in e-discoveryconversation, education<strong>Cooley</strong> is taking a lead role in educating the legalcommunity – and its students -- about the implicationsof these new rules.Witte recently moderated Tackling Michigan’s newE-Discovery Rules and Cross-Examining the Experts, amajor panel discussion at <strong>Cooley</strong>’s Grand Rapids campusfor area attorneys and <strong>Cooley</strong> students, hosted by<strong>Cooley</strong> and sponsored by Lumen Legal and the GrandRapids Bar Association. The roundtable featured a slewof experts on the topic, ranging from computer forensicprofessionals to a trial and litigation attorney.“It’s about being on the forefront of this growing issueand helping the legal community and <strong>Cooley</strong> studentsbecome very comfortable and skilled in navigatingthrough this area,” said Curt Benson, a <strong>Cooley</strong> associateprofessor and panelist. Benson is a member of theRules Committee responsible for drafting the newe-discovery rules.Because e-discovery can be a big expense on a case(basic e-discovery activities can carry a $50,000 pricetag), e-discovery can pose ethical implications as itmay prohibit smaller cases from going to trial.“Unfortunately, in these economic times, companiesdon’t want to spend the money on the front-end; yet, ifthere is ever a legal issue, the costs to comb throughmountains of data can be staggering,” said Witte.As e-discovery becomes a core competency of practice,<strong>Cooley</strong> continues to offer students a variety of courseoptions, including Advanced Document Discovery.<strong>Cooley</strong> grads ready to navigate e-discoveryIn addition to teaching students about the latestapproaches to successful e-litigation, Witte ensuresstudents are armed with solid e-litigation preventionpolicies.“I am always amazed at the number of sophisticatedbusinesses that do not have a company policy forbasics like e-mailing, document storage, and retrieval,”explained Witte. “Instant messaging, which by itsnature fosters a more relaxed, less professional formof communication between two people, can beanother danger zone for a company,” he said. “Thatdata is more recoverable than people think. Peopleneed to ask themselves if this were (broadcast) on thefront page, how would I feel about it. Just because it’smarked ‘private,’ it’s not. In litigation, you have todisclose all data sources.”According to Gary Hayden, director of IntelligentDiscovery Solutions, Arlington, Va. and adjunctprofessor at <strong>Cooley</strong> <strong>Law</strong> <strong>School</strong>, <strong>Cooley</strong> studentsare well prepared to tackle this growing area ofdiscovery and litigation.“This area of law continues to grow and will continuehaving a profound impact on our students’ careers,”said Hayden. “<strong>Cooley</strong> is committed to helping ourstudents and the legal community keep ahead ofthe curve; e-discovery is here to stay.”BENCHMARK COLUMN | MAY <strong>2009</strong> | VOLUME 1 | NUMBER 2


FEATURE ARTICLEOne <strong>Law</strong> Degree;Multiple UsesA growing number of <strong>Cooley</strong> graduates are using their degrees tobolster current careers or open doors to new onesAlthough she’s been an attorney for 16 years, Hiroe“Ruby” Makiyama has spent very little time presentingcases before a judge. Yet that hasn’t stopped the43-year-old lawyer from taking full advantage of her<strong>Cooley</strong> degree in her native Tokyo. In fact, Makiyamacontinues to credit the outstanding legal education shereceived at <strong>Cooley</strong> two decades ago with opening newcareer doors and helping her to be an inspiration toother Japanese women.This working mother of two is part of a growingnumber of <strong>Cooley</strong> graduates who are flexing thevalue of a legal education in non-traditional ways.According to the most recent Employment Reportand Salary Survey (ERSS), about 45 percent of <strong>Cooley</strong>graduates were employed in positions other thanprivate practice, echoing a trend at the national level.“The ERSS statistics show that law school graduates,more than most other professionals, have the abilityto be very creative in the use of their degree, and inthis economy, being flexible, knowledgeable, andexperienced in a variety of areas can help distinguisha candidate more than anything,” said Charles R. Toy,<strong>Cooley</strong>’s associate dean of career and professionaldevelopment.Today, Makiyama holds a prestigious seat with theNational Diet of Japan, the equivalent of serving as aU.S. Senator. Her journey spans more than 25 yearsand 8,000 miles, and first took root in an unlikelyplace – the Tokyo Broadcasting System, one of thelargest national broadcast networks in Japan.At 21, Makiyama held the demanding position asdirector of the network’s entertainment and celebritynews program. While she enjoyed her work, theposition went far beyond the normal demands of ahigh-powered career: Makiyama worked 20 hourdays and even slept at the station because she didn’thave time to travel home. She became increasinglydetermined to take the next step in her career.“I had always wanted to work in the entertainmentworld, but while I was working at the TV station, Iknew I wanted to do something more to differentiatemyself,” Makiyama said. “I wanted to have a specialtythat other directors didn’t have.”Makiyama credits a 1987 newspaper article forsparking her interest in the ways a degree from aU.S. law school could propel her career in Japan’sburgeoning entertainment industry. The article featuredthe first female Japanese national to earn herlaw degree in the U.S. and return to Japan to applyher studies. This was the unique advantage Makiyamawas looking for.In her precious free moments at the TV station,Makiyama secretly studied for the LSAT in the company’sbathroom. Of all the U.S. law schools, she selected<strong>Cooley</strong>, not only for its sound reputation, but forits flexible scheduling that fit her fast-paced career path.“I saw a <strong>Cooley</strong> brochure and thought, ‘wow,’ thisschool might be perfect for me because I can finish intwo years,” she said. By January of 1988, Makiyamawas living in Lansing and taking classes at <strong>Cooley</strong>.Twenty years later, Makiyama is confident her<strong>Cooley</strong> law degree continues to reap benefits. She hasworked in the legal departments of various entertainmentbusinesses, including the largest and oldest filmand production company in Japan, and started herown charity club (non-profit) called Budokai. In 2007,Makiyama was elected to the House of Councillors inthe National Diet of Japan and began a new full-timecareer as a government official. Makiyama representsthe Kanagawa-ken region, the second-most populatedprefecture in Japan and the equivalent of a U.S. state.Makiyama’s position with the National Diet of Japanallows her to advocate for underserved populations.Budokai, the charity club that Makiyama founded,flourished from 10 friends to over 300 membersunder her leadership. While it was successful in raisingmoney for the underserved, Makiyama wanted tomake a larger impact.“I always dreamed of doing something bigger,” shesaid. “I wanted to do more for those people who arereally tortured and are suffering from serious diseaseand hunger.”She views her position in the National Diet as anopportunity to prominently highlight social injusticeissues, as well as to bring attention to how difficultit is for Japanese women to maintain their careerswhile raising children.“Housewives who were never interested in politicsbefore became interested because of me,” she said.“They thought, ‘<strong>May</strong>be she will represent us becauseshe is in the same shoes.’”Makiyama also pointed out that her campaign postersprominently touted her background as a U.S. lawyer,which is something she feels was key to her election.“In the National Diet, we make new laws for Japanevery day. While knowing U.S. law doesn’t directlyhelp [when working with Japanese law], a legal educationreally trained me to have a legal mind and tothink logically, theoretically and critically, and I’m ableto express myself clearly,” she said.“My law degree has opened many new doors, andallowed me opportunities to grow personally andprofessionally beyond my dreams.”15% GOVERNMENT4% ACADEMIC4% PUBLIC INTEREST5% JUDICIALCLERKSHIP17% BUSINESS2% OTHER53% PRIVATE PRACTICEHiroe “Ruby” Makiyama (<strong>Law</strong>rence Class, 1991) credits her <strong>Cooley</strong> law degree with her election to National Diet of Japan, the equivalent of serving as a U.S. senator.OPPORTUNITY<strong>Cooley</strong> graduates use their law degree in a variety of ways. About 45%of <strong>Cooley</strong>’s 2008 graduates hold positions other than private practice,echoing a trend at the national level.“The Employment Report and Salary Survey statistics show that lawschool graduates, more than most other professionals, have the ability tobe very creative in the use of their degree, and in this economy, beingflexible, knowledgeable, and experienced in a variety of areas can helpdistinguish a candidate more than anything.”Charles R. Toy, <strong>Cooley</strong>’s associate dean of career and professional developmentKNOWLEDGE. SKILLS. ETHICS.


SCHOOL NEWSChristopher Hastings,Associate ProfessorAppointed, as chair of the StandingCommittee on the Unauthorized Practiceof <strong>Law</strong> for 2008-<strong>2009</strong>, State Barof Michigan, by State Bar PresidentEdward M. Pappas.Victoria Kremski,Assistant ProfessorSpoke, “On Blizzard Lines, AtticusFinch & Not Getting Lost: What itMeans To Be a <strong>Law</strong>yer in These Times& How to Deal With Difficult OpposingCounsel,” at the South Carolina Bar Convention on Jan.24, <strong>2009</strong>, in Myrtle Beach, S.C.Daniel W. Matthews,Associate ProfessorPublished, an article, “‘Joe thePlumber Redux’ and a Discussion ofthe Obama Tax Plan,” which was featuredas the February <strong>2009</strong> spotlightarticle in the Mertens Treatise on the <strong>Law</strong> of FederalIncome Taxation.Organized, and supervised the Volunteer Income TaxAssistance (VITA) program for the Auburn Hills campus.Eight <strong>Cooley</strong> students volunteered to prepare tax returnsfor low income taxpayers in Pontiac. This was the thirdyear of the program and about 50 taxpayers were assisted.Co-authored, with <strong>Cooley</strong> Professor Emily Horvath, asurvey article on “Trusts and Estates,” in the Wayne <strong>Law</strong>Review - 54 Wayne <strong>Law</strong> Review 476 (2008).Donna McKneelen,Assistant ProfessorPublished, an article, “LegalBarriers to Post-Conviction DNATesting,” in CDAM The Right toCounsel.Presented, on Feb.12, <strong>2009</strong>, “The Innocence Project —What Do We Do?” before the Oakland County BarAssociation in Novi, Mich.Presented, on March 3, <strong>2009</strong>, “Criminal Justice andActual Innocence” at the University of Michigan inAnn Arbor.Presented, on March 17, <strong>2009</strong>, “Seeking Justice” atthe <strong>Thomas</strong> <strong>Cooley</strong> <strong>Law</strong> <strong>School</strong> Auburn Hills campusACLU meeting.Interviewed, and appeared in the Artis Whiteproduction, “Living Accused” shown at the LansingMall Cinema on Feb. 18, <strong>2009</strong>.Argued, and won DNA testing in the followingInnocence Project post-conviction cases: People vJames Harris and People v Charles Evans.Attended, the NACDL Mid-Winter Conference,“Jazzing Up Your Defense,” in New Orleans, La.,on Feb. 25, <strong>2009</strong>.Attended, the National Institute of Justice PostConviction DNA Case Management Symposium, onJan. 22-23, <strong>2009</strong>, in Palm Harbor, Fla.Nelson P. Miller, Associate Deanand Associate ProfessorPublished, “Beyond Bias: CulturalCompetence as a <strong>Law</strong>yer Skill,”in 87/6 Michigan Bar Journal 38(2008).Monica P. Navarro,Visiting ProfessorAppointed, to the Editorial Boardof the ABA’s Health <strong>Law</strong>yer.Named, a Michigan Super <strong>Law</strong>yerby <strong>Law</strong> and Politics Magazine.Elected, into the Top 50 Women <strong>Law</strong>yers by <strong>Law</strong> andPolitics Magazine.Appointed, Co-Chair of the Health <strong>Law</strong> Committee ofthe Federal Bar Association, Eastern District of Michigan.Presented, Health Care in America, Due Process,Channel 56 Detroit Public Television, December 2008.Published, “Never Discount the Importance ofHaving a Plan to Combat Allegations of UnprofessionalBehavior,” in Michigan Medical <strong>Law</strong> Report, Fall 2008.Attended, Emerging Issues in Health <strong>Law</strong>, AnnualConference of the American Bar Association,Orlando, Florida.John Nussbaumer,Associate Dean and ProfessorPresented, updated researchfindings on minority law school(continued on following pages)THE LIBRARYOFTOMORROWTo ensure that <strong>Cooley</strong> students havethe very best resources available tothem, the school is ready to embark onan unprecedented expansion of its lawlibrary in Lansing.The Library of TomorrowThe layout of the Lansing campus’ <strong>Thomas</strong> E. Brennan <strong>Law</strong> Library isengrained in the memories of many <strong>Cooley</strong> graduates. Countless studentshave spent hours upon hours in the library that fills what was a retail spaceat the corner of South Washington Square and West KalamazooStreet, one block east of the <strong>Cooley</strong> Center and one block south ofthe Temple Building.Time spent in a law library is part of becoming a lawyer, a reminder of theimportance of research. And now, more than ever before, law librariesare at the core of providing a top-notch legal education to the lawyers oftomorrow. <strong>Law</strong> libraries today are about more than just books, insteadserving as centers of study, topical discussions, and social interaction.Study Center, Site PlanKnappsBuilding301BuildingExistingBuildingto beDemolishedExisting <strong>Cooley</strong>Parking Lot<strong>Cooley</strong><strong>Law</strong>LibraryUnprecedented expansionTo ensure that <strong>Cooley</strong> students have the very best resources availableto them, the school is ready to embark on an unprecedented expansionof its law library in Lansing. Once completed, the library will nearly doublein size to over 138,600 square feet, becoming the nation’s second largestlaw library in physical size. The $6 million project will be funded in partby <strong>Cooley</strong>’s first-ever capital fundraising effort called the Campaign forKnowledge. More than $1.5 million has already been raised towardthe library’s fundraising goal of $3 million. The Campaign for Knowledgealso creates an endowed scholarship fund (see next page).“We’re extremely pleased with the early support that we’ve seen from the<strong>Cooley</strong> family,” said James D. Robb, <strong>Cooley</strong> <strong>Law</strong> <strong>School</strong>’s associate dean ofdevelopment and alumni relations. “The need for this expansion is great,and the early donations show that student access to a top-notch centerfilled with legal resources is a passion shared by many.”Study Center, Floor PlanFuture Growth SpaceFuture Growth SpaceClassroom 38 SeatsClassroom 38 SeatsStudy Area353 SeatsBENCHMARK COLUMN | MAY <strong>2009</strong> | VOLUME 1 | NUMBER 2


SCHOOL NEWS“The expansion of the <strong>Thomas</strong> E. Brennan <strong>Law</strong> Library with the Center for Researchand Study will form a crown jewel in downtown Lansing to be noted by legal librariesaround the country,” said <strong>Cooley</strong> President and Dean Don LeDuc. “We’re pleasedthat <strong>Cooley</strong> alumni and friends are stepping up so quickly to support this growth.”Once completed, the library will nearly double in size,becoming the nation’s second largest law library inphysical size. The $6 million project will be funded inpart by <strong>Cooley</strong>’s first-ever capital fundraising effortcalled the Campaign for Knowledge.When the Brennan <strong>Law</strong> Library opened in 1993, <strong>Cooley</strong>’s studentenrollment was 1,566, and the library contained 307,000 volumes.<strong>Cooley</strong> now has 2,600 students at its Lansing campus, and the BrennanLibrary now houses nearly 600,000 volumes. The library is thus nearingthe limit of its capacity in all respects as demand for library resources hasincreased by two-thirds since its opening in 1993.In keeping with <strong>Cooley</strong>’s dedication to rehabilitating existing structuresrather than building new ones, the library will expand to the west intothe neighboring two-story Town Center Building at 333 Capitol Avenueacross from the <strong>Cooley</strong> Center. The newly expanded library will offer24-hour student access to the study hall on the first floor of the expansion.The area will have seating for more than 100 students and will include a43-seat student lounge.“Offering access to our library 24 hours a day is a great step for<strong>Cooley</strong>,” said <strong>Cooley</strong> <strong>Law</strong> <strong>School</strong> President and Dean Don LeDuc.“We need to be available when our students are available, and thisexpanded center will allow us to do so.”The expansion, called the Center for Research and Study, will providegreatly expanded study space throughout the rest of the structure aswell. Seating for approximately 270 students will be added to the spaciousstudy center on the upper floor, including two 38-seat classroomsand many private study rooms. This area will be the building’s hub forindividual study, small group meetings, and informal gatherings thatenrich the educational experience at <strong>Cooley</strong>.“The need for additional seating for study areas in the library is acute,”said Robb. “The limitations of available library study space have led usto use the lobby of the <strong>Cooley</strong> Center as a study hall, a use that is notcompletely satisfactory for students.”Most of the expansion’s first floor will hold additional volumes of legalwritings. Built on a slab floor, this area has the unique load-bearingcapacity needed by <strong>Cooley</strong>.“We have been running out of room to add legal texts for some time,”said LeDuc. “The current library building was not designed to serve asa library at all. In fact, it originally was a JC Penney department store.“Because of its design, the floors above the basement lack sufficientload bearing capacity to support standard library shelving, limiting ourability to add texts. To compensate, the basement level was transformedwith moveable shelving for both books and microfiche, but it isnow reaching its limits.”The expansion also will update the library’s technology to the lateststandards.“When we renovated the current library structure in 1993, we did notanticipate the transformation in technology that affects how students study,learn, and use of the library resources,” said Robb. “This expansion willallow us to update the technology to the very best in legal academia.”Preliminary work on the expansion began in the spring of <strong>2009</strong>.“The expansion of the <strong>Thomas</strong> E. Brennan <strong>Law</strong> Library with the Centerfor Research and Study will form a crown jewel in downtown Lansing tobe noted by legal libraries around the country,” said LeDuc. “We’repleased that <strong>Cooley</strong> alumni and friends are stepping up so quickly tosupport this growth.”<strong>Cooley</strong> <strong>Law</strong> <strong>School</strong>’s Campaign for Knowledge is the school’s first major fundraisingcampaign. The campaign has two components.1. The renovation of the Town Center Building next to the Brennan <strong>Law</strong> Library into a Centerfor Research and Study to provide more student study space, student gathering space, librarystack area, conference rooms, and small classrooms. The campaign aims to raise $3 million forthe $6 million library expansion. More than $1.5 million already has been raised.2. The creation of an endowed scholarship fund for students with financial need. The campaignaims to raise $1 million. <strong>Cooley</strong> also will contribute $1 million to the fund. Approximately$750,000 has been donated already by alumni and friends.Alumni and friends interested in contributing to the Campaign for Knowledgeshould call the <strong>Cooley</strong> Development Office at (517) 371-5140 ext. 2045 or visitwww.cooley.edu/campaignforknowledgeMake your Markon GreatnessKNOWLEDGE. SKILLS. ETHICS.


SCHOOL NEWSenrollment at the American Association of <strong>Law</strong> <strong>School</strong>s<strong>2009</strong> Annual Meeting programtitled “Progress? The Academy, the Profession,Race and Gender.”Appointed, to the Eastern District of MichiganFederal Bar Association Diversity Task Force.Moderated, the State Bar of Michigan Equal AccessInitiative at <strong>Cooley</strong>-Auburn Hills on March 6, <strong>2009</strong>, titled“We Can, We Will, We Must: Creating Opportunities forthe Next Generation of <strong>Law</strong>yers.”Invited, by Admiral Bruce MacDonald of Navy JAGto become a consultant to the Navy JAG DiversityTask Force.Provided, pro bono legal services to Alpha Company,125th Combat Infantry Battalion, as part of <strong>Cooley</strong>'sService to Soldiers Program.Donald Petersen,Associate ProfessorAppeared, on numerous radio stationsto discuss sports law issues.Performed, stand-up comedy inMichigan and surrounding states.Authored, a supplement to Security Interests inPersonal Property, 3rd Edition, 2008-<strong>2009</strong>,Thomson/West Publishers.Authored, Chapter 1 and Chapter 2 in Cyber Liability &Insurance: Managing the Risks of Intangible Assets, publishingin <strong>2009</strong>. Chapter 1 is “Understanding IntangibleAssets” and Chapter 2 is “Valuation of Intangible Assets.”Authored, Chapter 6 titled “Foreclosure Sales &Disposition,” in Raymond Nimmers’ Commercial AssetBased Financing, publishing in <strong>2009</strong>.James D. Robb, Associate Deanof Development and AlumniRelations/General CounselPublished, “Who Is the Client?,” anessay concerning the value of in-housecorporate counsel as a lawyer-statesmanin times of corporate trouble, in 23 Michigan <strong>Law</strong>yersWeekly, pg. B1, Feb. 16, <strong>2009</strong>.Appointed, chairperson of the city of Birmingham,Michigan’s Board of Ethics. He has served on the boardsince 2003.John Rooney, ProfessorTranslated, a speech of ProfessorRooney’s called 'The Misuse ofLanguage in the Pursuit of Justice’ hasbeen translated into Portuguese andwill soon be published in Recife, Brazil.Marjorie Russell, ProfessorPresented, on trial skills, MakingYour Case Come to Life, for the CaliforniaDUI <strong>Law</strong>yers Association,March 21, <strong>2009</strong>, San Francisco, Calif.Devin Schindler,Associate ProfessorPublished, an article, “A Response toNoah Felman’s ‘When Judges MakeForeign Policy,’” in New York TimesMagazine, in October 2008.Charles Senger, ProfessorElected, Chair of the State Bar ofMichigan's Aviation Section for2008-<strong>2009</strong>.Paul Shagen, Visiting ProfessorDelivered, a two-day presentation onIndian Taxation for the Falmouth InstituteIndian Taxation Training, in LasVegas, Nev., on Jan. 27-28.Otto Stockmeyer,Emeritus ProfessorPublished, “The Rose of Aberlone”in Chronicle, Vol. 31, No. 4 (HistoricalSociety of Michigan, Winter <strong>2009</strong>).Published, “Using MicrosoftWord’s Readability Program,” in the January <strong>2009</strong>issue of the Michigan Bar Journal. This is his 10tharticle to be published in the Journal.New Corporate <strong>Law</strong> and Finance Program Adds to <strong>Cooley</strong>’s Masterof <strong>Law</strong>s Degree OfferingsAs today’s global marketplace becomes more complex,so do the laws that shape, define, and regulate a newbreed of business transactions.That is why <strong>Cooley</strong> <strong>Law</strong> <strong>School</strong> is broadening itsadvanced degree program offerings for studentsinterested in deepening the knowledge, skills, andethics they will need in specialized areas of practice.In addition to its master of laws (LL.M.) degrees,one in Intellectual Property and another in Taxation,<strong>Cooley</strong> will begin offering a Corporate <strong>Law</strong> andFinance LL.M. program in September <strong>2009</strong>, makingit the only American Bar Association-approved lawschool in the country to provide this distinctcombination of degrees.A - d - v - a - n - c - i - n - gOPPORTUNITIESAt the Table of World Commerce“<strong>Cooley</strong> continues to prepare students to be at thetable of world commerce with confidence,” said DonLeDuc, <strong>Cooley</strong>’s President and Dean. “Our advanceddegree offerings reflect the needs of the globalmarketplace.”Yet the advanced degree offerings are only part of<strong>Cooley</strong>’s vision of educational excellence. It’s <strong>Cooley</strong>’sexpert faculty who give students an edge in the businessworld. Look no further than E. Christopher Johnson,Jr., director of <strong>Cooley</strong>’s Corporate <strong>Law</strong> and Financeprogram for example.Johnson, who is developing the Corporate <strong>Law</strong> andFinance curriculum, is a sought-after national speakeron topics ranging from diversity as a business imperativeto providing global legal counsel. He has created a relevantcurriculum based on his years of experience as apracticing attorney and as vice president and generalcounsel at General Motors North America.“I am blessed to have served with a group of extraordinaryprofessionals on the GM legal staff for 20 years,and my goal is to translate that experience into trainingthe corporate lawyers of the future,” Johnson said.At the core of the 24-credit program will be classesinvolving advanced corporate transactions, corporategovernance and finance, business organizations, andcorporate professional responsibility. Included in theprofessional responsibility course is a segment on alawyer’s professional obligations to embrace diversityand provide pro bono and community service, whichis consistent with <strong>Cooley</strong>’s nationally recognizedprofessionalism program.In addition to a Corporate <strong>Law</strong> and Finance master oflaws degree, students can choose to specialize in GlobalPublic Companies <strong>Law</strong>, which will allow students to beintroduced to the full range of issues within the corporatesetting including litigation, intellectual property, andregulatory matters. This specialization will specificallyprepare attorneys to represent large global companieswhether they are on staff with the company or providingoutside counsel.Johnson also is forming an advisory board of prominentattorneys, including general counsel of global publiccompanies and major law firm partners who providelegal counsel to those companies to support further thedevelopment of the curriculum.Expert FacultyDirectors of the other master of laws programs at<strong>Cooley</strong> also bring their in-depth and pertinent experienceto their respective programs. Gina Torielli,director of the Taxation master of laws program,led a legal team of more than 100 attorneys in herrole as president and chief executive officer ofHoward & Howard Attorneys, P.C. and ran herown practice specializing in taxation and publicfinance before coming to <strong>Cooley</strong>.Gerald T. Tschura and David Berry collaborate tolead the Intellectual Property master of laws program,tapping into their combined experience in their respectivefields. Tschura was the Divisional Vice President ofIntellectual Property <strong>Law</strong> with Kmart Corporation andworked with an intellectual property firm handlingpatent and trademark litigation matters before joining<strong>Cooley</strong>. Berry was a partner at Testa, Hurwitz &Thibeault, LLP, a 400-plus-attorney firm with a nationalpractice in venture capital and technology law, andrepresented companies in patent and license disputesin private practice prior to his <strong>Cooley</strong> faculty position.These expert faculty and program directors not onlygive students a first-hand perspective, but keep <strong>Cooley</strong>close to the practicing legal and business communitiesand ahead of the curve in advancing opportunities for itsstudents.“We are always looking ahead to the needs of theprofession and how we can deliver a relevant educationtaught by top-notch faculty with exceptionaland practical legal experience,” LeDuc said.E. Christopher JohnsonGina TorielliGerald T. TschuraDavid BerryBENCHMARK COLUMN | MAY <strong>2009</strong> | VOLUME 1 | NUMBER 2


SCHOOL NEWSFor Misty Davis, the law is about protecting those who mostneed protecting – children, the elderly, and the underprivileged.The Access to JusticeClinic has handled morethan 1,000 cases since itsopening in January 2008,overseeing approximately40 cases at any given time.<strong>Cooley</strong> GraduateS E R V E SThose in NeedMisty Davis<strong>Law</strong> is about more than rules, regulations, andstatutes for Misty Davis (William Paterson Class,2002). For her, the law is about protecting thosewho most need protecting – children, the elderly,and the underprivileged. And it is her desire toserve these populations that has created the pathof Davis’ career.“My husband calls me the ‘do-gooder,’” said Davis.As a student at <strong>Cooley</strong> <strong>Law</strong> <strong>School</strong>, she first indulged her desire to helppeople through the Sixty Plus, Inc., Elderlaw Clinic where she helpedelderly individuals with wills, trusts, and other issues.“My time as a law student at <strong>Cooley</strong> prepared me for every job that I’vehad since,” Davis said.After graduation, Davis clerked for Eaton County Circuit Court, served asan elder law attorney at Legal Aid of South Central Mich. in BattleCreek and was an assistant prosecutor in Barry County, Mich., where shefocused on juvenile work. But it was her time in the prosecutor’s office inMontcalm County, Mich., that has earned her statewide recognition.In a case that grabbed a number of headlines, Davis served as a zealousadvocate on behalf of a nine-year-old child named Nicholas Braman,whom she had never met but believed was in danger. Nicholas was theson of a man who had pled guilty to child abuse for using an electric cattleprod to discipline his two older sons. Concerned about the child’s saftey,Davis repeatedly asked the Michigan Department of Children’s ProtectiveServices to have Nicholas removed from the home during a five-weekperiod following the father’s guilty plea, yet Nicholas remained in thehome. Unfortunately, Davis’ fears became reality.According to published news reports, Nicholas Braman died in a bedwith his father, Oliver Braman, and his stepmother, Nancy Kaczor-Braman, in October 2007. The three ingested nighttime pain relieversand inhaled carbon monoxide that had been funneled into a smallroom by the father.“Unfortunately, I am not the only assistant prosecutor, caseworker,or service provider who has had to deal with a child’s death,” Davislater said. “But, for me, I cannot get him out of my heart, my soul,and my mind.”The state later admitted that violations of Michigan law and departmentprocedures had contributed to Nicholas’ death.According to the Grand Rapids Press (April 30, 2008), an investigatorwith the Office of Children’s Ombudsman said during a state Senatecommittee hearing in April 2008 that “all the facts in the case suggest itshouldn’t have happened. It was bad decision-making all the way around.”Michigan Gov. Jennifer M. Granholm has since signed requirementsinto the law mandating better communication between the state andlocal court agencies in child abuse cases, including a condition that theMichigan Department of Human Services collaborate with localFriend of the Court offices on cases in which a child is the subject of aprotective services investigation and is involved in a custody case.Nicholas’ mother had begun legal efforts to gain custody of Nicholasprior to his death.In recognition of Davis’ efforts to remove Nicholas from the homeprior to his death, the Carter-Alexander Institute for <strong>Law</strong> and Justiceawarded her with its 2008 Advocate for Justice Award. Each year, theInstitute seeks a person who, in the course of his or her life or work,valiantly fought for justice for the vulnerable and forgotten of ourcommunity.An award signifying the honor sits on Davis’ windowsill in her office.“It is a bittersweet thing for me,” said Davis, the mother of two youngboys. “I don’t look at my actions as anything special. I was just doing myjob. As a human, no one could just stand by and allow a child to remainin that kind of environment.”During the ceremony when she accepted the award, Davis spoke publiclyabout the tragic case.“My world came crashing down after I learned of Nicholas’ death andquestions overwhelmed my mind,” Davis said. “What do I do with hisdeath? How do I compartmentalize it? How could this happen? And, howdo I put it behind me so I can fight for the next child?“For the last year, I have struggled to find these answers. The only thing Icould come up with is there are no answers. Nicholas’ death is a freshand raw wound that goes to the core of my being.”Davis left her career in prosecution after Nicholas’ death. Today, she isimpacting the lives of youth in a different way. Davis serves as a staffattorney at the Access to Justice Clinic at <strong>Cooley</strong>’s Grand Rapidscampus. There, she works closely with eight <strong>Cooley</strong> students whoprimarily handle family law cases for individuals referred through theLegal Assistance Center in the Kent County, Michigan courthouse.“I remember what it was like to be in their shoes,” she said of herstudents. “They have a great opportunity. They go to court almost everyFriday and deal with the specific issues that they’ll face in their careers.”The Access to Justice Clinic has handled more than 1,000 cases sinceits opening in January 2008, overseeing approximately 40 cases atany given time.“Family law cases are fast-paced, much faster than the cases that I dealt withas a student at the Sixty Plus clinic,” said Davis. “The Access to Justicestudents will file motions on a Wednesday and are in court the followingFriday for the hearing. In between, students are preparing their cases.”The real-life case load of the clinic is an exceptional learning experience,according to Davis.“People’s lives for that particular moment are in the students’ hands,”said Davis. “You learn how to work with different personalities and needsas well as how to manage your time. Sometimes it’s hard to make sureyou’re acting as a lawyer and not a social worker.”Davis acts as a role model to the students, helping guide them along theway toward professional growth. It is a role that continues her view ofthe law as more than just rules, regulations, and statutes.KNOWLEDGE. SKILLS. ETHICS.


SCHOOL NEWSSAVE THE DATEMichigan Bar AdmissionCeremony<strong>May</strong> <strong>2009</strong>1:00 - 3:00 p.m.<strong>Cooley</strong> Center,Lansing, Mich.<strong>Cooley</strong> 5K Racefor Education –June 5, <strong>2009</strong>7:30 p.m.Downtown Lansing, Mich.<strong>Cooley</strong> Alumni AssociationGolf OutingJune 22, <strong>2009</strong>10:30 a.m. - 8:00 p.m.Country Club of Lansing,Lansing, Mich.Alumni Reception at theState Bar of MichiganAnnual MeetingSeptember 17, <strong>2009</strong>4:30 p.m. - 6:30 p.m.Hyatt Regency Hotel, Rotunda,Dearborn, Mich.<strong>Cooley</strong> Alumni AssociationAnnual MeetingOctober 10, <strong>2009</strong>4:00 - 6:00 p.m.<strong>Cooley</strong> Temple, Middle TempleClassroom, Lansing, Mich.<strong>Cooley</strong> Alumni AssociationEvening of Good TasteOctober 10, <strong>2009</strong>6:00 - 10:00 p.m.<strong>Cooley</strong> Temple, Middle TempleClassroom; Lansing, Mich.<strong>Cooley</strong> Society Debut:the Annual DonorRecognition GalaOctober 24, <strong>2009</strong>6:30 p.m.<strong>Cooley</strong> Center Lobby,Lansing, Mich.Michigan Bar AdmissionCeremonyNovember <strong>2009</strong>1:00 - 3:00 p.m.<strong>Cooley</strong> Temple Auditorium,Lansing, Mich.STUDENT AWARDSAlumni Association Past Presidents’ Committee Chair Virginia P. Allen(right) awarded the <strong>2009</strong> Alumni Memorial Scholarship to current studentSarah Ann RamseyAlumni Past Presidents’ Committee ChairVirginia Allen grants the <strong>2009</strong> AlumniMemorial Scholarship<strong>Cooley</strong> Alumni Association Past Presidents’ CommitteeChair Virginia P. Allen (Wing Class, 1982) awarded the<strong>2009</strong> Alumni Memorial Scholarship to current studentSarah Ann Ramsey at the Hilary Term Honors Convocationheld on April 3rd at the Auburn Hills campus.The Alumni Memorial Scholarship is granted each yearto a current student who has successfully earned atleast 30 credit hours, is in good academic standing,exhibits financial need, and is a positive force in the<strong>Cooley</strong> community.The applicants’ materials were reviewed by AlumniAssociation Past Presidents’ Committee Chair VirginiaP. Allen (Wing Class, 1982), and committee membersM. Carol Bambery (Morell Class, 1985), Julie Clement(McDonald Class, 1998), Sharon Ellis (North Class,1980), Jeff Haarer (Copeland Class, 1989), Larry Kish(Marston Class, 1978), Andy Sass (Morell Class, 1985),Mike Pelot (Martin Class, 1988), Diane M. Smith(North Class 1980), John J. Smith (Smith Class, 1985),and Charles Toy (Kavanagh Class, 1985) to make theselection. The <strong>2009</strong> Alumni Memorial Scholarshipamounted to $2,871, the tuition cost for a threecreditclass.Committee Chair Allen commented, “The AlumniAssociation Memorial Scholarship fund has grown overthe years thanks to the hard work of the alumni. Whenyou support the Golf Outing and the Wine Tasting fundraisers, for example, you are contributing to the fund.We have progressed from giving only a couplehundred dollars to granting two, three-credit tuitionscholarships annually. Thank you for your support.”According to Sarah Ramsey, “I am honored to be therecipient of the <strong>2009</strong> Alumni Memorial Scholarship.This scholarship will be extremely helpful to me inachieving my goals and my life long dream ofbecoming an attorney.”The scholarship is derived from income from the AlumniMemorial Scholarship Fund. That fund is supported bythe generous contributions of many alumni, and by theproceeds from the Alumni Golf Benefit, which is heldeach summer. This year’s outing is scheduled forMonday, June 22 at the Country Club of Lansing.All <strong>Cooley</strong> students, faculty, friends, and staff arecordially invited to attend. Visit Amy Swope at theAlumni Relations Office on the 10th floor of the<strong>Cooley</strong> Center, call (800) 243-ALUM, or e-mailhusseinf@cooley.edu for more information on theGolf Benefit.<strong>Cooley</strong> <strong>Law</strong> <strong>School</strong> Names the Sixth AnnualIda and Benjamin Alpert ScholarThanks to the generosity of Mr. and Mrs. MyronAlpert of Highland Beach, Fla., <strong>Thomas</strong> M. <strong>Cooley</strong><strong>Law</strong> <strong>School</strong> recognized its annual Ida and BenjaminAlpert Scholar recently. Several outstanding third-yearstudents with financial need and who had excelled inservice to their fellow students through their leadershipin student organizations or activities were consideredfor this recognition.The recipient receives $2,500 from a substantialdonation given to <strong>Cooley</strong> in 2003 by the AlpertFoundation. The 2008-<strong>2009</strong> Ida and BenjaminAlpert Scholar is current student Trevor Reaves.Mr. Reaves said, “I am truly honored to be this year’srecipient of this scholarship and extremely grateful toMr. and Mrs. Alpert for making this possible. I haveworked with many students who are outstandingleaders here at <strong>Cooley</strong>, so this recognition is truly aprivilege. I must thank those who have served with mein different leadership capacities. They are the oneswho made it that much easier for me to lead and be thecaliber of person I am today. Without their continuedsupport, I don’t know if I would be in a positionto accept such an honor. I plan to use my <strong>Cooley</strong>experience to elevate my level of service as Ienter the legal community.”The award was granted in part due to Mr. Reaves’leadership qualities and a willingness to serve in hiscommunity and school, participating as President of theBlack <strong>Law</strong> Students Association, Class Senator & Parliamentarianof the Student Bar Association, Associationof Graduation Marshals & <strong>Cooley</strong> Ambassador, andmany other activities. His academic successes consist ofseveral scholarships, honors, and awards.<strong>Cooley</strong> <strong>Law</strong> <strong>School</strong> and Mr. and Mrs. Alpert are proudto be able to recognize Mr Reaves’ contribution to theschool through this honor.Alumni Association Grants DistinguishedStudent Award to Daniel Reaume forthe Riley ClassThe faculty, staff, and student body of <strong>Thomas</strong> M.<strong>Cooley</strong> <strong>Law</strong> <strong>School</strong>’s Auburn Hills Campus whogathered on April 3rd for the Honors Convocationof Hilary Term <strong>2009</strong> witnessed the granting of theDistinguished Student Award to Daniel Reaumeof the Riley Class.Daniel’s GPA was 3.95 and ranked second in a class ofover 400 students. He has earned at least 15 bookawards and won the 2008 Intra-<strong>School</strong> Mock TrialCompetition. Daniel is a leader in his industry, and is anaward-winning engineer and an adjunct faculty memberat the University of Michigan. Daniel has also served asan Assistant Editor of the <strong>Cooley</strong> <strong>Law</strong> Review as well asa member of the <strong>Cooley</strong> Intellectual <strong>Law</strong> Society, theABA, and a number of professional organizations in theengineering field.Alumni Association Past Presidents’ Committee Chair Virginia P. Allen (right)Grants Distinguished Student Award to Daniel Reaume for the Riley ClassUpon hearing of his honor as Distinguished Student,Daniel stated, “receiving the DSA is an especially greathonor because it comes from an alumni body representingan exceptionally diverse variety of backgroundsand ideas. I have had the good fortune to experience asampling of this diversity through <strong>Cooley</strong> alumni teachingclasses as professors and adjunct professors. Thatthey taught the practice of law – not just legal theory –was a vital part of my <strong>Cooley</strong> experience.As a part-time student, I also appreciate that receivingthe DSA is a testament to <strong>Cooley</strong>’s dedication to makinga quality legal education accessible to non-traditionalstudents. I truly appreciate the dedication of the <strong>Cooley</strong>faculty, administration, and alumni.I thank the <strong>Cooley</strong> Alumni Association for honoringme with the DSA and look forward to joining itsranks upon graduation.”The students nominated for this semester’sDistinguished Student Award furnished a variety ofinformation, including resumes and letters of referencethat were reviewed by the Executive Committee.Nominees were also personally interviewed as part ofthe selection process. Members of each graduating classare evaluated on the criteria of character, academicaccomplishment, leadership, and extracurricularactivities in the decision to grant the DistinguishedStudent Award.The Alumni Association is proud and pleased togive recognition to this outstanding member ofthe Riley Class and extends its best wishes for hiscontinuing success.Second Scholarship Awarded to <strong>Thomas</strong> M.<strong>Cooley</strong> <strong>Law</strong> <strong>School</strong> Student in Memory ofMelissa S. MitchellErin Kathleen Doering, Woodward Class, has beennamed the second recipient of the litigation-basedscholarship named in memory of Melissa Mitchell,(Swainson Class, 2003). Erin received her award at theLansing Honors Convocation on March 20, <strong>2009</strong>.The Melissa Mitchell Memorial Scholarship Fund wasfounded in June 2006 by several of Melissa’s family,friends, classmates, and professors. The scholarshipaward is made to a currently enrolled student who hasearned at least 30 credit hours at <strong>Cooley</strong> and who isa student of good character and in good academicstanding. Preference is given to those individuals whohave: (a) demonstrated excellence in litigation skillsthrough participation in the Moot Court or MockTrial Programs, (b) demonstrated a passion for learningand the law, and (c) demonstrated a commitmentto community or pro bono service. The selectioncommittee, chaired by Professor Evelyn Calogero,consisted of Professors Ronald Bretz, James Hicks,Marjorie Russell, and William Wagner.In accepting the Melissa Mitchell Memorial Scholarship,Doering stated, “I am indeed honored and privileged toaccept this award in honor of Melissa Mitchell.”As <strong>Cooley</strong>’s motto states, “in corde hominum estanima legis,” in the heart of man is the spirit of law.Melissa Mitchell was that spirit who will live on throughthe Melissa Mitchell Memorial Scholarship Fund.<strong>Cooley</strong> <strong>Law</strong> Library – Lansing CampusTHEN: A law library of 10,000 volumesNOW: A resource of nearly 600,000 volumes with an average of 15,000 volumes addedeach year, <strong>Cooley</strong>’s <strong>Thomas</strong> E. Brennan <strong>Law</strong> Library ranks among the largest in the UnitedStates. It’s staffed by 40 full-time employees, 21 of whom are professional librarians.BENCHMARK COLUMN | MAY <strong>2009</strong> | VOLUME 1 | NUMBER 2


ALUMNI MATTERSCOOLEY LAW SCHOOL HOSTSAlumni ReceptionsCOOLEYALUMNI EVENTSIN BEANTOWNOn January 22, <strong>2009</strong>, alumni gathered at the Royal Sonesta Hotel in Cambridge,Mass. for a cocktail reception hosted by Director of Development,Pamela Heos. “It was a nice exchange of alumni who had not previouslymet. They networked and offered new alumni assistance with job leads andresumes. They all exchanged their business cards and were happy to beupdated on our campus growth, enrollment and programs.” Richard Ravosa(Black Class, 1996) noted “The <strong>Law</strong>yering Before Trial and Trial Workshopcourses prepared me very thoroughly for the busy civil trial practice I havetoday. The trial prep courses were invaluable, and my clients, who are theend-users, benefit from my first-rate <strong>Cooley</strong> legal education.” Ravosa also addedthat former President Brennan advised him to “take a lawyer to lunch” and hedid so with a Boston area lawyer. This chance meeting has led to a long friendshipand referrals from that lawyer, who has become his landlord for many yearsas Ravosa’s law practice has grown. “I felt I was very well-prepared to hangout my shingle in the Boston area in 1996 and that <strong>Cooley</strong> had pointed me inthe right direction.”Boston area alumni were also invited to a <strong>Cooley</strong> alumni reception onFebruary 17 at the Sheraton Boston Hotel in conjunction with the AmericanBar Association Mid-Winter Conference. Associate Dean of Professional andCareer Development, Charles Toy (Kavanagh Class, 1981) hosted the eventand enjoyed the exchange with fellow alumni. This coming September, DeanToy will become President of the State Bar of Michigan, the first <strong>Cooley</strong> graduateto hold that position.COOLEY IN FLORIDA:FIVE CITIES IN FIVE DAYSTrailing only Michigan, Florida is the state with the second largestnumber of <strong>Cooley</strong> graduates -- more than 800. With thiswinter came the opportunity for <strong>Cooley</strong> to organize a series ofevents to visit those alumni as well as friends and prospectivestudents throughout the southern portion of the state. Assistedby key alumni volunteers, Associate Dean Jim Robb toured fiveFlorida cities in five days.The tour started with an evening reception on Oct. 10 at thefamous Testa’s Restaurant in Palm Beach, co-hosted by ScottDevore (Stone Class, 1996). Devore’s brother and fellow<strong>Cooley</strong> graduate Jeff (Johnson Class, 1989) was among theother guests. The next day brought an alumni luncheon at LeCafé de Paris in Ft. Lauderdale followed by an evening receptionat Perricone’s in Miami. Both of those events were co-hosted byLara Edelstein (Steere Class, 1995), who serves as chair of the<strong>Cooley</strong> Alumni Association’s special events committee. “Theseevents were wonderful opportunities to renew old acquaintancesand make new ones,” she said. Edelstein previouslyorganized the law school’s highly successful U.S. SupremeCourt bar admission event in 2008.On Oct. 12, the <strong>Cooley</strong> tour moved to Bonita Springs for anevening reception at the Hyatt Regency Coconut Point Resort.Co-host Christopher “Sarge” Sweeney (Toy Class, 2003) and<strong>Cooley</strong> Professors Dorean Koenig and Ann Wing welcomedalumni and incoming students. <strong>Cooley</strong>’s reception was held inconjunction with the two-day winter conference of the State Barof Michigan’s Real Property <strong>Law</strong> Section. Thus, <strong>Cooley</strong>’s Floridaalumni met with many Michigan lawyers at the receptionand were also invited to attend the conference at a speciallydiscounted price. Chris Sweeney reported that, “I especiallyenjoyed the chance to meet with prospective students and tellthem how great a school <strong>Cooley</strong> has become.”The Florida tour concluded on Oct. 14 with a luncheon atJackson’s Bistro on the waterfront in downtown Tampa. SandiMilmed (Sharpe Class, 1998), Gus Richter (Christiancy Class,1997), and John Parigros (Paterson Class, 2002) served asco-hosts. Milmed, who has helped organize numerous <strong>Cooley</strong>events in the Tampa area, commented that “Even the <strong>Cooley</strong>alumni far from Michigan can stay involved with the school in ameaningful way.” The luncheon featured an appearance andremarks by <strong>Cooley</strong>’s founding President, the Hon. <strong>Thomas</strong> E.Brennan. “In the 35 years since we opened our doors, <strong>Cooley</strong>has grown into one of the nation’s finest, becoming a schoolabout which we all have much reason to be excited and proud.”Professor Dorean Koenig and Michelle Simmons Brown (Durand Class, 1992)in Bonita SpringsLara Edelstein (Steere Class, 1995), David Brandwein (Steere Class, 1995), Paul Gottfried(Williams Class, 1994), Steven Rubino (Black Class, 1996), and <strong>Law</strong>rence Ploucha(Kelly Class, 1978) in Ft. Lauderdale(Clockwise starting from top left): Anita Khachikyan (Kavanagh Class, 2008), Ysabel Hernandez(Adams Class, 2008), Lara Edelstein (Steere Class, 2008), Michelle Pernas (Sharpe Class, 2008),Jaline Fenwick (Kavanagh Class, 2008), and Radames Heredia III (Sharpe Class, 2008) in MiamiGerald Eisman (Epaphroditus Class, 1979), Gus Richter (Christiancy Class, 1977),Bud Stansell (North Class, 1980), Hon. <strong>Thomas</strong> E. Brennan in TampaCOOLEYALUMNI INTHE BIG APPLEWINDY CITY LUNCHEONOn December 16, 2008, 40 alumni and prospective studentsgathered for the annual Chicago Alumni Luncheon at Maggiano’sRestaurante. This event, always successful, brought together agroup of alumni from the classes of 1978-2008 and was hostedby <strong>Cooley</strong>’s Director of Development, Pamela Heos.“It is always energizing to see this group network and share their<strong>Cooley</strong> memories. They seem to enjoy coming together eachyear that we have hosted this event. The number of attendeesspeaks to their interest and commitment to <strong>Cooley</strong>. Alumni wereupdated on enrollment, campus growth, and the record numberof applicants to <strong>Cooley</strong>,” said Heos.Graduate Tony Kalogerakos (Starr Class, 2005) attended thisyear for the first time. He noted, “As a weekend student commutingfrom Chicago, my <strong>Cooley</strong> <strong>Law</strong> <strong>School</strong> experience wasenjoyable. I was challenged, worked hard, and am reaping thebenefits today. <strong>Cooley</strong> prepared me before as well as aftergraduation by providing the resources, knowledge, contacts, andstaff who were willing to go above and beyond. I attended thisevent because I wanted to make contacts and set up a network.By attending this luncheon, I received three leads which lead totwo injury settlements, thus very beneficial.Over 30 New York City area alumni gathered on Feb. 10 at the MilleniumHilton in lower Manhattan, hosted by Associate Dean Charles Toy (KavanaghClass, 1981). Co-hosts for the event were Kathy Martin (Weadock Class,1999) and Sidney Cherubin (Blair Class, 2001). “Dean Toy again had thepleasure of meeting many alumni as he prepares to assume his position thiscoming fall as the President of the State Bar of Michigan,” Kathy Martin stated.“<strong>Cooley</strong> means so much to me, and I amappreciative of the education I received.I enjoy attending these events each yearand staying in touch with fellow alumniand <strong>Cooley</strong> staff.”Kathy Martin (Weadock Class, 1999)KNOWLEDGE. SKILLS. ETHICS.

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