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spring/Summer 2009Justice Sandra DayO'Connor Visits the<strong>Law</strong> SchoolColleen GraffyReturns to Directthe School's GlobalProgramsMike Leach (JD '86)Changes CollegeFootball One Passat a Timeall rise!Dwayne Moring (JD '91) Leads a New Wave of AlumniAscending to the BenchPhoto by Lauren Radack


9s p r i n g / S u m m e r 2 0 0 9 V O L U M E 2 8 N U M B E R 111131618222630313239Features 9 Appellate/Trial/ADR Competitions11 Showcasing the Finest32nd Annual <strong>Law</strong> Dinner Highlights <strong>Pepperdine</strong> <strong>Law</strong>'s Global Reach13 A Living LegacyRetired Justice Sandra Day O’Connor Tells about Her Journey from a Cattle Ranch to theHighest Court in the Land16 Q&A with Erwin ChemerinskyThe Dean of UC Irvine School of <strong>Law</strong> Talks about the Role of a Public Dean18 Defending Liberty and Dispensing JusticeDwayne Moring (JD ’91) Leads a New Wave of <strong>Pepperdine</strong> Alumni Ascending to the Bench22 From Contracts to CoachingHow Mike Leach (JD ’86) Journeyed to the Pinnacle of College Football’s Coaching Ranks26 A Real PioneerColleen Graffy and the World at Large29 Public Diplomacy on the GroundColleen Graffy Writes about her Tenure in the State Department30 Innovation at WorkJim Rishwain (JD ’84) Integrates People and Practices at his Global Firm31 Relentless PursuitAttorney Barbara Jones (JD ’89) Closes Every Deal32 CityscapeFrom Urban Planning to Real Estate <strong>Law</strong>, Ethan Rogers (JD ’09)Envisions a Better Future39 A Record DealHow Scott Tang (JD ’08) Became a Pop Artist and a Contracts Rock Starat Rhino Entertainment41 Class of 2009 Commencement PhotosIn Every Issue Message from the Dean 2News Shorts 3Faculty Writings 33Class Actions 36


Making progress during tenuous timesIn the relatively short time since publication of the fall 2008 <strong>Pepperdine</strong> <strong>Law</strong> magazine, wehave witnessed a major economic downturn that has caused great pain and disruption toso many hard-working people. The legal community has not been immune to the crisis.Message from the DeanMajor international law firms have laid off associates, and others have deferredstart dates for new hires or rescinded offers altogether. Members of the<strong>Pepperdine</strong> <strong>Law</strong> community have been caught up in these unfortunate developments.So too, higher education has not been immune to the effects of the downturn, and<strong>Pepperdine</strong> has sought to respond to the uncertain economy with careful planning andprudent budgeting. The <strong>University</strong>’s financial condition is strong and stable. We are fortunateto not be as dependent on endowment income as a number of our peers who have announcedsignificant cuts and layoffs. Nonetheless, the law school is reducing discretionary spending,freezing faculty and staff salaries, and implementing other belt-tightening measures.At the same time, we are committed to finding tangible ways that we can support ouralumni and students during this difficult time. For example, we have developed a fellowshipprogram for recent graduates who are interested in doing international human rights workfor three to 12 months. These "Nootbaar Fellows" will have the opportunity to work withhuman rights organizations in Uganda, Rwanda, India, and on the Thai-Burma border,among other locations. In this extraordinarily difficult job market, we are seeking to helpour graduates find employment opportunities by reaching out to our alumni. The responsehas already been very gratifying. We will continue to look for creative and sustainablemeans of assisting those members of our <strong>Pepperdine</strong> family who are hurting and in need.Even in the midst of the unfavorable economic news, we are committed to redoublingour efforts to continue the advancement of this special place. This issue tells someof the stories about the law school’s progress on so many fronts—the recent visitsof retired United States Supreme Court Justice Sandra Day O’Connor and JusticeAntonin Scalia; the announcement of the William H. Webster Chair in DisputeResolution, to be held by my remarkable colleague Tom Stipanowich, the academicdirector of the top-ranked Straus Institute for Dispute Resolution; and the returnof Colleen Graffy to the law school as director of our Global Programs aftercompleting her distinguished service in the United States Department of State.We also share stories about our increasingly prominent and influential alumni,including the growing numbers of our ranks who are called to serve the causeof justice as judges; the amazing success of Mike Leach (JD ’86) as the headfootball coach at Texas Tech <strong>University</strong>; and the important contributions tothe bar of our 2009 distinguished alumnus, Barbara Jones (JD ’89).During tenuous times such as these, we are reminded of the things that matter most—faith,family, and friends—and we give renewed thanks for your unflagging friendship and support. Blessings,Ken StarrP E P P E R D I N E L AW 2


n e w s s h o r t s <strong>Pepperdine</strong> Hosts Four Supreme CourtJustices in One Ye ar<strong>Pepperdine</strong> <strong>University</strong> School of <strong>Law</strong> continued its long tradition ofhosting U.S. Supreme Court justices with visits from four justices inone academic year. The school welcomed Samuel Alito and ClarenceThomas in the fall, and Antonin Scalia and retired justice SandraDay O’Connor in the spring.In August, Associate JusticeSamuel Alito taught AdvancedConstitutional <strong>Law</strong> for thesecond consecutive year.He also gave a lecture on“<strong>Law</strong>yering and the Craft ofJudicial Opinion Writing.” InSeptember, Associate Justice Clarence Thomas visited the schoolto give the Second Annual William French Smith Memorial Lecture.Thomas spoke in conversation with Dean Ken Starr, Professor ShelleySaxer, and alumnus Charles R.Eskridge (JD ’90), a partnerwith the commercial litigationlaw firm of Susman Godfrey LLP.Associate Justice AntoninScalia spoke in conversationwith Dean Starr on March 9.Scalia spoke on a variety of legal topics, including how the Courthas changed over the years. On March 27, retired justice SandraDay O’Connor gave the Third Annual William French Smith Lecture.The conversation included DeanStarr, Professors Carol A. Chaseand Colleen Graffy, and VirginiaMilstead (JD '04), a litigationassociate with Skadden, Arps,Slate, Meagher & Flom.“At <strong>Pepperdine</strong>, we take seriouslythe challenge of providing our students with the very best ineducational opportunities,” says Dean Starr. “To host four justices inone year is an exceptional honor of which we are especially proud.”The justices’ lectures came onthe heels of a visit from ChiefJustice John Roberts, who gavethe keynote address at the 31stAnnual <strong>Law</strong> School Dinner inFebruary 2008. In years past,<strong>Pepperdine</strong> has hosted justicesWilliam Rehnquist, Harry Blackmun, Byron White, Ruth BaderGinsburg, Anthony Kennedy, and Tom Clark, as well as previousvisits by O’Connor, Scalia, Thomas, and Alito.<strong>Pepperdine</strong> L aw Review Hosts Mortg ageCrisis SymposiumIn a few short years, Americans have watched the housing marketswing from what seemed like unstoppable price inflation andeasily accessible loans to today’s climate of rapid decline invalue, difficulty in financing, and astonishing rates of default andforeclosure. The <strong>Pepperdine</strong> <strong>Law</strong> Review brought top scholarsto campus to examine what went wrong in a symposium titled,“Bringing Down the Curtain on the Current Mortgage Crisis andPreventing a Return Engagement,” on April 17.Topics included: the roots of the crisis, from both a real estate anda regulatory perspective; bankruptcy issues, including whetherthe Bankruptcy Code should be changed to allow modificationof home mortgages in Chapter 13; challenges with financingthe burgeoning market of manufactured housing; the “Holderin Due Course” doctrine and how it has muddied the secondarymortgage market; the promotion of home ownership, and its relationshipto the current situation; how we can reform the laws andthe regulatory agencies to avoid a mortgage crisis in the future;and whether mortgage foreclosure law should be federalized toprovide a uniform national approach.Distinguished speakers included Deborah Dakin, deputy chiefcounsel for business transactions at the Office of Thrift Supervision(OTS); Ann M. Burkhart, Curtis Bradbury Kellar Professor of<strong>Law</strong> at the <strong>University</strong> of Minnesota <strong>Law</strong>; Rick J. Caruso, chiefexecutive officer of Caruso Affiliated; Wilson Freyermuth, John D.<strong>Law</strong>son Professor of <strong>Law</strong> and a Curators’ Teaching Professor at the<strong>University</strong> of Missouri; Samuel J. Gerdano, executive director ofthe American Bankruptcy Institute in Alexandria, Virginia; MelissaB. Jacoby, George R. Ward Professor of <strong>Law</strong> at the <strong>University</strong> ofNorth Carolina at Chapel Hill; Alex M. Johnson, Jr., Perre BowenProfessor of <strong>Law</strong> and the Thomas F. Bergin Research Professorof <strong>Law</strong> at the <strong>University</strong> of Virginia School of <strong>Law</strong>; Robert M.<strong>Law</strong>less, professor and the Galowich-Huizenga Faculty Scholar atthe <strong>University</strong> of Illinois College of <strong>Law</strong>; Timothy J. Mayopoulos,previous executive vice president and general counsel of Bankof America Corporation; Grant Nelson, William H. RehnquistProfessor at <strong>Pepperdine</strong> School of <strong>Law</strong>; Robert K. Rasmussen,dean and Carl Mason Franklin Chair in <strong>Law</strong> at USC Gould Schoolof <strong>Law</strong>; Mark S. Scarberry, professor at <strong>Pepperdine</strong> <strong>University</strong>School of <strong>Law</strong>, Michael H. Schill, professor at UCLA School; andDale A. Whitman, former James Campbell Professor of <strong>Law</strong> atthe <strong>University</strong> of Missouri-Columbia and current D and L StrausDistinguished Visiting Professor at <strong>Pepperdine</strong>.Visit the <strong>Pepperdine</strong> <strong>Law</strong> Review atlaw.pepperdine.edu/lawreview.For a complete story on the lecture with Justice O’Connor,see page 13. 3L AW. P E P P E R D I N E . E D U


n e w s s h o r t s Stipanowich Awarded William H. WebsterChair in Dispu te Resolu tionThomas J. Stipanowich was recently named the William H. WebsterChair in Dispute Resolution, a new endowed chair at <strong>Pepperdine</strong><strong>University</strong> School of <strong>Law</strong>. Stipanowich is the academic director of<strong>Pepperdine</strong>’s Straus Institute for Dispute Resolution, the numberone dispute resolution program in the nation.Stipanowich joined <strong>Pepperdine</strong> in2006 with a distinguished career inconflict resolution. He is an awardwinningauthor and much-cited authorityon arbitration, mediation, and othersubjects; the former chief executiveof the New York-based InternationalInstitute for Conflict Prevention andResolution (CPR Institute); a respectedand widely experienced arbitrator andmediator; and the winner of several ofthe dispute resolution field’s highesthonors, including the American BarAssociation’s prestigious D’Alemberte/Raven Award.Professor Stipanowich (right) presents Judge Webster with a portrait ofPresident Abraham Lincoln, which Stipanowich drew by hand.“This chair adds new luster to the Straus Institute and to <strong>Pepperdine</strong><strong>University</strong>,” said Stipanowich. “It is also especially gratifying ona personal level—not only because William Webster is a personalfriend, mentor, and hero—but because Ms. Webster, the formerLynda Clugston, and I were childhood friends who grew up in thesame neighborhood in the Western Illinois town of Macomb. JudgeWebster and I have known each other for the better part of severaldecades. It is an extraordinary honor to hold the William H. WebsterChair in Dispute Resolution.”The chair is named for the Honorable William Webster, the only personto have been the director of the Federal Bureau of Investigation(FBI) and Central Intelligence (CIA). At a ceremony honoring JudgeWebster, <strong>Pepperdine</strong> President Andrew Benton called Webster apatriot and peacemaker. “Bill Webster has served as U.S. attorney,U.S. District Court judge, U.S. Court of Appeals judge, director ofthe FBI, director of the CIA, and is the recipient of our nation’shighest civilian award—the Presidential Medal of Freedom. BillWebster is indeed a great patriot. Heis also a peacemaker, and thus howappropriate that <strong>Pepperdine</strong>’s nationallyrenowned Straus Institute forDispute Resolution is the home of theWilliam H. Webster Chair in DisputeResolution,” said President Benton.Stipanowich has advised or participatedin national efforts at statutoryreform, including revisions to theUniform Arbitration Act. He was alsoacademic reporter and chief drafterof a protocol for the Consumer DueProcess Protocol governing consumerarbitration and ADR programs. Hehas served on the board of directors of the American ArbitrationAssociation (AAA), and was the first AAA Hoellering InternationalVisiting Scholar. His many writings include coauthorship of aleading treatise, Federal Arbitration <strong>Law</strong>: Agreements, Awards, andRemedies, cited by the U.S. Supreme Court and many other federaland state courts, and which was named Best New Legal Book by theAssociation of American Publishers.Visit the Straus Institute at straus.pepperdine.edu.De an Starr Argues His 36 th Ca se Beforethe U.S. Supreme CourtKen Starr, Duane and Kelly Roberts Dean of the School of <strong>Law</strong>,argued his 36 th case before the United States Supreme Court onApril 20. The case is Horne v. Flores, which involves the expenditureof state funds toward English-language education programs.The case dates back to January 2000, when the United StatesDistrict Court for the District of Arizona cited the state for civilcontempt for failing to adequately fund English-language learnerprograms, in violation of the Equal Educational Opportunities Act.The court subsequently rejected proposed legislation as inadequateto resolve the programs’ deficiencies. The superintendent andrepresentatives argued that increases in state funding, changes inthe management of the school district involved, and passage of theNo Child Left Behind Act sufficiently altered the foundations of thedistrict court’s original ruling and therefore relief was warranted.The federal district court of Arizona denied the motion.On appeal, the United States Court of Appeals for the Ninth Circuitaffirmed the district court ruling. It reasoned that since Arizonanever appealed or complied with the district court’s original orderthat it was fair to require compliance.The Supreme Court agreed to hear the case on January 9.Dean Starr represented the speaker of the Arizona House ofRepresentatives and the president of the Arizona Senate beforethe Court. A decision is expected before the end of June.P E P P E R D I N E L AW 4


n e w s s h o r t s Marg aret Thatcher Visits the<strong>Pepperdine</strong> London HouseAfter being presented with an honorary doctorate from <strong>Pepperdine</strong>on October 30, 2008, Lady Margaret Thatcher, former prime ministerof the United Kingdom, returned to speak with students at the<strong>Pepperdine</strong> London House on December 3.Lady Thatcher met with Seaver College and School of <strong>Law</strong> studentsin the <strong>Pepperdine</strong> London House Library. She spent an hour gettingacquainted with students in small groups. “She was witty, charming,and sharp,” said Jim Gash, associate dean and then-interimdirector of the School of <strong>Law</strong> London Program. “Needless to say,the students were in awe.”“Meeting Lady Thatcher was an incredible thrill,” said lawstudent Brett LoVellette. “To have the chance to interact with oneof the great leaders of the 20th century was something I certainlydid not expect when I signed up for law school. Lady Thatcher wasdignified and gracious.”The London House, located in the Knightsbridge/South Kensingtonarea, is used by students of both the School of <strong>Law</strong> and SeaverCollege. Since 1981, the School of <strong>Law</strong> has offered its second- andthird-year students a six-week summer session (plus a final examweek) or full fall semester program in London, fully approved by theAmerican Bar Association.The 123-year-old London House recently underwent a $5 millionrenovation, which refurbished infrastructure, electrical service,plumbing, and heating. The building reopened in a historic ceremonyon October 30, at which Lady Thatcher was a special guest.Visit the London Program at law.pepperdine.edu/london.Greenburg, Eisgruber , Starr , Kmiec,and Amar Spe ak on Supreme CourtNominationsAs part of the Wm. Matthew Byrne, Jr., Judicial Clerkship Institute,<strong>Pepperdine</strong> <strong>University</strong> School of <strong>Law</strong> hosted a discussion titled,“Supreme Court Nominations: The Confirmation Process,” featuringABC News correspondent Jan Crawford Greenburg and Princeton<strong>University</strong> provost Christopher Eisgruber and responses by School of<strong>Law</strong> dean Ken Starr, and professors Doug Kmiec and Akhil Amar, onMarch 20 at the School of <strong>Law</strong>.Eisgruber, who penned the book The Next Justice: Repairing theSupreme Court Appointments Process (2007), asserted that confirmationhearings should center on judicial philosophy. Judicialphilosophy, he defined as “the interplay between a particular judge’sideological values and their procedural or at least institutionalvalues.” Eisgruber went on to predict that President Obama willnominate at least three justices during his tenure.Following Eisgruber, Greenburg spoke on the Rehnquist Court.Greenburg is the author of Supreme Conflict: The Inside Story of theStruggle for Control of the United States Supreme Court (2007).Greenburg reviewed how the Court was intact for 11 years—beginningin 1994 when Breyer took his seat. She recounted that manyconservatives were disappointed with the impact of the RehnquistCourt because of the failure to take advantage of opportunities tochange the makeup of the Court. David Souter was appointed byPresident George H. W. Bush to replace William Brennan, but hefrequently voted with the Court’s liberal block.Greenburg also discussed Justice Thomas’ nomination and themedia frenzy that followed. “The story line very quickly emergedthat Thomas was Scalia’s lackey. That story, which was widelyreported, is grossly inaccurate,” she said. “In fact it was Scalia whooften changed his vote to join Thomas.” Greenburg cited evidenceof this from her review of the Justice Blackmun papers at the Libraryof Congress.Dean Starr referenced “the confirmation mess,” the title of a bookon the topic by Yale professor Stephen Carter. Dean Starr gave abrief history of nominations post World War II, and suggesteda few takeaways for the process moving forward. “The politicalscientists have carried the day,” he said. “The correct way to viewthe confirmation process—and I say this as a lamentation—is thatit’s a struggle about power; it’s a struggle about rank; it’s all aboutideology and politics and not at all about law.”The event was part of the three-day Ninth Annual Wm. MatthewByrne, Jr., Judicial Clerkship Institute. The purpose of the instituteis to improve the effectiveness and efficiency of judicial law clerks.The program works in consultation with several of the most highlyrespected federal judges in the United States to identify the subjectsthat new clerks most need to learn.Visit the Wm. Matthew Byrne, Jr., Judicial Clerkship Institute atlaw.pepperdine.edu/jci.P E P P E R D I N E L AW 6


Jay Milbr andt’s DocumentaryHelps to Move the Mountain ofPovert yIn the summer of 2007, Jay Milbrandt (MBA ’07, JD’08) traveled to Bangladesh with two fellow students to discoverfirsthand the best of social entrepreneurship. Armed with videocameras, they filmed their interactions with the rural communitiesthat have been given hope over poverty with loans from themicrofinance organization Grameen Bank. The footage became thedocumentary Moving the Mountain of Poverty, which is now screeningin film festivals the world wide.Moving the Mountain of Poverty puts the spotlight on those in developingcountries able to utilize a new opportunity to work their wayout of poverty. “The villagers would tell us how microfinance hadchanged their lives, and we could see it in their attitudes and selfesteem,”says Milbrandt, the director of the global justice programat the Herbert and Elinor Nootbaar Institute on <strong>Law</strong>, Religion, andEthics.Milbrandt was a joint JD/MBA student at the Graziadio School ofBusiness and Management and the School of <strong>Law</strong> when he journeyedhalfway around the world to explore the entrepreneurial pursuits ofpeople previously rendered helpless by poverty. Still a very recentgraduate, he is in the unusual position of being able to share hisexperiences with people near and far through the International SocialAction Film Festival (ISAFF) circuit, which has screened Movingthe Mountain of Poverty in a number of major cities, including LosAngeles; San Diego; Sydney; Berlin; Cairo; andMonrovia, Liberia. Future screenings are plannedfor cities in Brazil, India, Israel, and the Philippines.The 12-minute documentary shows a joyous26-year-old single mother, whom he met along theway, sharing how she now raises hundreds of hens for her successfulchicken farming business after qualifying for a microcredit loan.Before that, she was scraping by on one dollar a day.“Poverty became more real to me,” he says, of his experiencesmeeting the poor in Bangladesh. “Suddenly, statistics were replacedwith names and faces, and the stories I read turned into living andbreathing people. Watching Grameen Bank in action convinced methat social entrepreneurship works.”The ISAFF screens films specifically about the work being doneglobally to improve the lives of others and fight injustices where theyexist. Other films screened at the festival locations have explorededucation for girls in developing nations, gang culture in America,urban slums, human trafficking, and even debris left to orbit theearth by space-exploration programs.“I had the opportunity to attend the ISAFF screening in Los Angelesand I was curious to see how the audience would react,” recallsMilbrandt. “At the end of the film, there was a collective ‘aha’ fromthe audience, so I knew the message resonated with them.” Milbrandtis now the director of <strong>Pepperdine</strong>'s Global Justice Program.Visit the Global Justice Program atlaw.pepperdine.edu/nootbaar/global-justice-program.<strong>Pepperdine</strong> WelcomesNew A ssociate De anTom BostProfessor Tom Bost recently transitionedto interim associate dean foracademics at the School of <strong>Law</strong>. Bostearned his bachelor’s degree, summacum laude, from Abilene Christian<strong>University</strong> and a juris doctor fromVanderbilt <strong>University</strong> School of <strong>Law</strong>.Order of the Coif and Founder’sMedalist (First in Class) were just two of the honors Bost receivedas a student at the Vanderbilt <strong>University</strong> <strong>Law</strong> School. He was thenote editor for the Vanderbilt <strong>Law</strong> Review and upon graduationserved for a year as an assistant professor of law at Vanderbilt.Bost became associated with the Los Angeles, California, officeof Latham and Watkins in 1968 and was a partner in the firmfrom 1975 through 1999.During his legal career he has been a frequent lecturer on legaltopics for numerous groups including the American Bar AssociationSection of Taxation, the <strong>University</strong> of Southern California TaxInstitute, the National Association of Real Estate InvestmentTrusts, the New York <strong>University</strong> Institute on Federal Taxation, theTennessee Tax Institute, the California Continuing Education of theBar, the <strong>University</strong> of Texas Ethics Institute, the Christian Scholars’Conference, and the Religiously-Affiliated <strong>Law</strong> Schools Conference.Bost has served as a professor at Lipscomb <strong>University</strong> and as anadjunct professor at the School of <strong>Law</strong> and at Seaver College. He isan elected member of the American <strong>Law</strong> Institute, a member of theAmerican Bar Association, the American College of Tax Counsel, theState Bar of California, and the Los Angeles County Bar Association.He has also served as a member and chair of the Board of Regentsof <strong>Pepperdine</strong> <strong>University</strong>. He is currently a member of the Boardof Trustees of the Pacific Legal Foundation, having completed atwo-year term as board chair in 2002. Bost has taught BusinessPlanning, Corporations, Taxation of Business Entities, SecuritiesRegulation, and Ethical Corporate Practice. 7L AW. P E P P E R D I N E . E D U


n e w s s h o r t s Students Serve in Mexico, Thail and, andIndia during Spring SemesterTwenty-four law students spent breaks serving in Mexico, Thailand,and India during the spring semester. During Martin Luther King,Jr., weekend, 14 students traveled to Mexico to build homes. Duringspring break, seven students traveled to Thailand to visit with refugees,and three students went to India to serve at a hospital.In India students volunteered at Calcutta Mercy Hospital and theMissionaries of Charity. They lived in the hospital and worked ondevelopment projects including writing profiles of patients forfundraising purposes. In Thailand seven students traveled with JayMilbrandt, director of <strong>Pepperdine</strong>’s International Human RightsProgram. The group visited with refugees, Burmese resistanceleaders, and undocumented hill tribe families.Los Angeles High School StudentsExperience L aw SchoolStudents from David Starr Jordan High School and Woodrow WilsonSenior High School, located in South and East Los Angeles, visited<strong>Pepperdine</strong> <strong>University</strong> School of <strong>Law</strong> on March 9, and had an indepthlaw school experience. The 28 students participated in a lawclass and heard from Antonin Scalia, associate justice of the UnitedStates, who spoke in conversation with Dean Ken Starr.“It was wonderful to see the children again,” says Milbrandt whohas made several trips to Thailand to help undocumented children.“I was impressed with our law students who chose to spend theirspring breaks in Thailand with refugees, who many consider to bethe ‘least of these.’ It was really exciting to see them take up thecause to serve the oppressed.”The trips were funded through the <strong>University</strong>’s Voyage Fund, theDean’s Excellence Fund, and the Herbert and Elinor NootbaarInstitute on <strong>Law</strong>, Religion, and Ethics.Visit the Global Justice Program atlaw.pepperdine.edu/nootbaar/global-justice-program.The students learned about the building blocks of oral advocacy in aclass taught by Professor Christine Goodman. Afterward, they heardScalia speak on a variety of legal topics, including how the SupremeCourt has changed over the years.The event was facilitated by Burton Rojas, <strong>Pepperdine</strong>’s coordinatorof diversity, recruitment, and student services, who worked inconjunction with student groups such as the Latin American <strong>Law</strong>Students Association and the Black <strong>Law</strong> Students Association.“It’s so important for law students to reach out and help thosewho desire to have a profession in the law,” Rojas says. “The highschool students who attended often face low expectations and ahigh education-failure rate. Our goal is to help any student whowants to further his or her education. None of us, whether studentsor professionals, got to where we are on our own; each of us had ahelping hand along the way. It’s our privilege to be the helping handto these high school students.”The event was made possible by the <strong>Law</strong> School Admission Council(LSAC), which aims to increase diversity in the legal profession. LSACdeveloped the Discover<strong>Law</strong>.org campaign to encourage racially andethnically diverse students to discover career opportunities in lawand choose a path in undergraduate school to help them succeed.Twenty-four law students spent Martin Luther King, Jr.,weekend building homes in Mexico.P E P P E R D I N E L AW 8


Mat Groseclose and Lee ShortRachel Dickey2008–2009 Moot Court, Trial, and ADR ResultsDaniel Himebaugh and Genus Heidary wereawarded Second Place Team at the Foreign DirectInvestment International Moot Competition inBoston, Massachusetts, in October 2008.Joshua Krebs won Second Place Oral Advocateand Krebs and Leon Dixson were quarterfinalistsat the Chicago Bar Association Moot CourtCompetition in Chicago, Illinois, in October 2008.Josh Banister, Alexia Norge, Paula Pendley, andJeremy Shatzer were semifinalists at the NationalCivil Trial Competition in Los Angeles, California,in November 2008.Sterling Cluff, Andrew Reid, Sarhar Sarshad,and Benjamin Turner were finalists, andTerrance Allen, Rachel Rossi, Jason Vener,and Sarah Wigdor were champions at the ABANational Labor and Employment Trial AdvocacyRegional Competition in Los Angeles, California,in November 2008.Tom Feher and Jonathan Loch were awardedSecond Place Team at the ABA NegotiationsRegional Competition in San Diego, California,in November 2008. They finished sixth at thenational competition in Boston, Massachusetts,in February 2009.Michael Bean and Aaron White were namedsemifinalists at the Asylum and Refugee <strong>Law</strong>National Moot Court Competition in Davis,California, in February 2009.The team of Mat Groseclose and Lee Short wonSecond Place Brief at the J. Braxton Craven, Jr.,Memorial Moot Court Competition in ChapelHill, North Carolina, in February 2009.Josh Banister, Alexia Norge, Jeremy Shatzer,and Brian Simas were regional semifinalists at theAmerican Association for Justice (AAJ) StudentTrial Advocacy Regional Competition in LosAngeles, California, in February 2009.Leon Dixson and Desiri Schultze werequarterfinalists at the Constance Baker MotleyNational Moot Court Competition in Washington,D.C., in March 2009.Rachel Dickey won Second Place Oral Advocate,and Kimberley Hyson was awarded Fourth PlaceOral Advocate out of more than 150 advocatesat the Willem C. Vis (East) InternationalCommercial Arbitration Moot Competition inHong Kong, in March 2009.Judd O’Brien and Shane Soderlund madethe top eight out of 26 teams at the RobertMerhige, Jr., National Environmental NegotiationCompetition in Richmond, Virginia, in March2009.Aaron White and Michael BeanCoach Amy Teeples (JD '07), PaulaPendley, Josh Banister, Alexia Norge,and Jeremy Shatzer 9L AW. P E P P E R D I N E . E D U


Emily Smith, Shane Michaels, andJohn White were among the topstudents at the Second AnnualClosing Arguments Competition.Students Shine at the Second AnnualClosing Arguments CompetitionFirst-year law students took the top awardsat the Second Annual Closing ArgumentsCompetition on April 17 at the School of<strong>Law</strong>. A panel of nine judges, comprisingalumni and faculty, judged the final roundof the two-day competition.First-year John White took First Place, first-year ShaneMichaels took Second, and first-year Seth Laursen andsecond-year Emily Smith tied for Third Place. White isguaranteed a spot on one of <strong>Pepperdine</strong>’s Trial Teamsnext year.“I was simply blown away by the incredible talent Isaw today,” said Professor Naomi Goodno after theevent. “Eight students competed in the final rounds andeach one of them delivered closing arguments like aseasoned attorney. It was a privilege to watch and judge.”The competition was initiated last year by then-studentChumahan Bowman ( JD '09). Third-year studentChristina Gaudern facilitated this year’s competition.P E P P E R D I N E L AW 10


Showcasing the Finest32 nd Annual <strong>Law</strong>Dinner Highlights<strong>Pepperdine</strong> <strong>Law</strong>’sGlobal Reachby Emily DiFrisco<strong>Pepperdine</strong> <strong>University</strong> School of <strong>Law</strong> welcomedmore than 800 students, alumni, faculty,staff, and friends to the 32 nd AnnualSchool of <strong>Law</strong> Dinner on March 7 at the BeverlyHilton Hotel in Beverly Hills, California.The event featured a keynote speech by the HonorableJohn R. Bolton, former ambassador of the United Statesto the United Nations, who brought an internationalfocus to the evening. Bolton spoke on democracy andthe critical need for the rule of law across the globe.Dean Ken Starr gave remarks on the school’s recentachievements in Malibu and beyond. He pointed to themany guests the school has hosted in the past academicyear, including four U.S. Supreme Court Justices, LadyMargaret Thatcher at the <strong>Pepperdine</strong> London House,and countless scholars and practitioners who cameto campus for a dozen conferences and symposia.Regarding the school’s global vision, Dean Starrcommended students and faculty for being justiceseekersand peacemakers. “Seeking justice for themarginalized and persecuted is one of the things weprepare our students to do,” he said. “We do so notonly at home—through Judge Bruce Einhorn’s workwith the Asylum Clinic, through Professor BrittanyStringfellow Otey’s work with the <strong>Pepperdine</strong> Legal Clinicat the Union Rescue Mission, and through ProfessorRichard Peterson’s work with our Special EducationLegal Clinic—but around the world. Our studentsare making an immediate impact in internationalhuman rights, global economic development, andjustice through spreading the rule of law.”Dean Starr talked about the school’s London Program andthe Global Justice Program, which train students for legalwork around the world. He praised the many students whohave completed internships through the Global JusticeProgram in Kenya, Burma, Nicaragua, Bangladesh,Armenia, Uganda, Bulgaria, Rwanda, Thailand, andthe 24 students who participated in short-term trips toMexico, Thailand, and India during the spring semester.“This year’s annual dinner was a wonderful tributeto the law school’s ever expanding global footprint,”said School of <strong>Law</strong> Vice Dean Tim Perrin.Dean Starr presented the awards for 1L and2L/3L Professor of the Year, which went to PeterWendel and Robert Popovich, respectively,and presented Bolton with the 2009 Robert H.Jackson Award for exemplary legal service.In his concluding remarks Dean Starr said, “Theglobal future of <strong>Pepperdine</strong> is very bright—led byour servant-hearted faculty, our justice-seekingstudents, and our supportive alumni.” 11L AW. P E P P E R D I N E . E D U


Vincent S. DalsimerMoot CourtCompetition 2009Third-year student Kathleen Bentonspeaks on behalf of the petitioner.The final round of the 35 th Vincent S.Dalsimer Moot Court Competition took placein the early afternoon on March 7. The finalround was presided over by Ninth CircuitJudge Johnnie Rawlinson, who was joinedby Fifth Circuit Judge Emilio Garza andformer U.N. ambassador John Bolton.The judges were uniformly impressed by theoral advocacy skills of the student advocates.Fifth Circuit JudgeEmilio Garza speaks tothe student advocates.“I would like to congratulate you four,” saidJudge Rawlinson. “I commend you for yourpresence before the court and your knowledgeof the facts of the case. You were all prepared,which will serve you well in your careers.”“You’re going to be very talentedlawyers,” added Judge Garza.Dalsimer Moot CourtCompetition 2009 WinnersFirst-Place TeamKathleen Benton and Kimberley HysonSecond-Place TeamJames McCabe and Jake NareSemi-Finalist TeamsGenus Heidary and Daniel HimebaughEric Salbert and Roberto ValenzuelaBest AdvocateFirst Place: Daniel HimebaughSecond Place: Lee ShortThird Place: Genus HeidaryBest Petitioner BriefKathleen Benton and Kimberley HysonAmbassador John Bolton givesfeedback from the bench.Best Respondent BriefJames McCabe and Jake NareP E P P E R D I N E L AW 12


LivingLegacyRetired Justice Sandra Day O’ConnorTells about her Journey from a CattleRanch to the Highest Court in theLand at the Third Annual WilliamFrench Smith Memorial Lectureby Emily DiFriscoFrom 1981 to 2006, the Honorable Sandra Day O’Connor servedas the nation’s first female Supreme Court justice and was thetiebreaker in over three-quarters of the court’s 5-4 decisions.The retired justice visited <strong>Pepperdine</strong> on March 27, whereshe gave the third annual William French Smith MemorialLecture to an overflow audience in the Caruso Auditorium. > 13L AW. P E P P E R D I N E . E D U


You may have to take ajob, especially in today'sclimate, that isn'tyour first choice.But if you are smart,you can makesomething of itthat's a lot better.Ken Starr, the Duane and Kelly Roberts Dean of the Schoolof <strong>Law</strong>, moderated the conversation, which included Carol A.Chase, professor of law at <strong>Pepperdine</strong>; Colleen Graffy, formerdeputy assistant secretary in the Bureau of European and EurasianAffairs at the U.S. Department of State and director of the lawschool's Global Programs; and Virginia Milstead (JD '04), alitigation associate with Skadden, Arps, Slate, Meagher & Flom.The Honorable William H. Webster, former director of the FBIand CIA, introduced O’Connor, commending her great love of theCourt and her 25 years of service. The panelists asked O’Connorabout her life since retirement and her tenure on the Court.“I have been busier since I left the Court,” admittedO’Connor. The retired justice said she still has an office andone clerk at the Court, and she hears cases on the lowerfederal courts of appeals, as required by Congress. Shecontinues her involvement in guiding judicial reform overseas,and she teaches middle-school students civics through aninteractive, Web-based program called Our Courts.O’Connor answered questions from the conversationalistsand the audience throughout the lecture. She told about growingup on a cattle ranch in Texas. “My parents were my mentors.My companions were my parents and the cowboys,” she said.She talked about earning her bachelor’s and law degreesfrom Stanford <strong>University</strong> and the adversity she faced upongraduation. Though she graduated in the top three of herlaw school class and worked on the Stanford <strong>Law</strong> Review, nofirm would hire her because she was a woman. “Stanford lawgrads, call our firm,” read the announcements around campus.O’Connor said, “Well, I called every one on that bulletin boardand not one of them would give me an interview. Not one.”Instead she became involved in public service, working her wayup from deputy county attorney of San Mateo County, California,to assistant attorney general of Arizona. “I realized that I had totake a job and make something of it,” she said. “It took a long timebefore people realized that women could be lawyers and judges.”She was appointed to the Arizona State Senate in 1969 andwas subsequently reelected twice to two-year terms. In 1975 shewas elected judge of the Maricopa County Superior Court andserved until 1979, when she was appointed to the Arizona Courtof Appeals. President Reagan nominated her as an associate justiceof the Supreme Court, and she took her seat September 25, 1981.When O’Connor was asked about her advice to youngpeople entering the legal profession, she drew from her lifeexperiences. “You may have to take a job, especially in today’sclimate, that isn’t your first choice,” she said. “But if you aresmart, you can make something of it that’s a lot better.”Second-year student Mischa Barteau, the president of theWomen’s Legal Association, was inspired by O’Connor’s lecture.“Justice O’Connor was the perfect person to serve as first womanon the Supreme Court because she lived through what was thecollective experience of many women of her generation,” saidBarteau. “Justice O’Connor’s experience with discrimination upongraduation from Stanford <strong>Law</strong> serves to remind young womenlawyers and law students just how far women have come in suchP E P P E R D I N E L AW 14


a short period of time. She exemplifies the power of hard work anddetermination in the face of seemingly insurmountable obstacles.”“We were so pleased to welcome Justice O’Connor to <strong>Pepperdine</strong>for our Third William French Smith Memorial Lecture,” saidTim Perrin, vice dean of the School of <strong>Law</strong>. “She is admiredand respected by all because of her inspiring personal story, hertireless defense of judicial independence, and her remarkabletenure on the United States Supreme Court. Through hercommitment to public service and her spirit of graciousness, shebeautifully embodies the legacy of William French Smith.” Watch the video of the lecture at law.pepperdine.edu/williamfrenchsmithlectures/2009.The Honorable William H. Webster, former director of theFBI and CIA, introduced O’Connor. The panel included (leftto right) Ken Starr, the Duane and Kelly Roberts Dean ofthe School of <strong>Law</strong>; Virginia Milstead (JD '04), a litigationassociate with Skadden, Arps, Slate, Meagher & Flom; ColleenGraffy, former deputy assistant secretary in the Bureau ofEuropean and Eurasian Affairs at the U.S. Departmentof State and director of the law school's Global Programs;and Carol A. Chase, professor of law at <strong>Pepperdine</strong>.From left: Students Susan Strong (JD '85), NancyMcGinnis (JD '85), and Linda Kollar (JD '85)stand with Justice Sandra Day O’Connor, whojudged <strong>Pepperdine</strong>’s Vincent S. Dalsimer MootCourt Competition in February 1985. Kollar andMcGinnis were the oral advocates and Strong wrotethe brief. Strong is currently a judge in Nebraska,McGinnis is a law professor at <strong>Pepperdine</strong>, andKollar maintains a private practice in Los Angeles. 15L AW. P E P P E R D I N E . E D U


The Role of a <strong>Law</strong> DeanA Conversation with Erwin Chemerinsky, the Founding Deanof the Donald Bren School of <strong>Law</strong> at UC IrvineIn the span of six weeks this spring, DeanKen Starr made appellate arguments inthree cases, appearing before the United StatesSupreme Court, the California Supreme Court,and the United States Court of Appeals for the FifthCircuit. The cases addressed issues as diverse asthe financing of bilingual education in Arizona, theregulation of interstate shipment of wine intoTexas,and California's Proposition 8, which definedmarriage as a union between a man and a woman.Among these three cases the Prop. 8 argumentattracted the most attention to the law school and toDean Starr as he argued for the supporters of Prop. 8that the proposition constituted an “amendment” of theCalifornia constitution and not a “revision,” and thus,should be upheld as a valid exercise of democratic powerby the people. Dean Starr’s participation in the Prop. 8 casedrew criticism from some, a number of whom deemed itinappropriate for a law school dean to take on the case.Erwin Chemerinsky, the founding dean of the DonaldBren School of <strong>Law</strong> at UC Irvine, is similarly active inthe legal profession as an oral advocate and as a frequentspeaker and commentator. As one of the nation’s foremostconstitutional law scholars, he frequently argues appellatecases in the federal courts. Chemerinsky has argued fivecases in federal courts of appeals in the short time sincehe became dean on July 1, 2008. As a dean, he is also nostranger to controversy. Chemerinsky’s deanship offer wasinitially rescinded in 2007 by the administration on the basisthat his views were too “polarizing” for the dean’s post.In this conversation, <strong>Pepperdine</strong> <strong>Law</strong> asks Chemerinskyfor his take on Dean Starr’s involvement in arguingthe Prop. 8 case and the role of a law school dean.P E P P E R D I N E L AW 16


I think it is very important for a dean to be involvedin the profession. A dean needs to be a role modelfor the faculty and students. Handling pro bonocases is a crucial way of being a role model as tosomething very important.Is it wise for a law school dean to be active in the profession, and if so, why?I think it is very important for a dean to be involved in the profession.A dean needs to be a role model for the faculty and students. Handlingpro bono cases is a crucial way of being a role model as to somethingvery important. Moreover, the dean gains tremendous credibility withthe bar (as well as with students) by being engaged as a lawyer. Also,I learn tremendously from every case I handle and that improves myteaching and my understanding of the law.You have been quoted as saying, “Although I disagree with Dean Starr'sposition in the Prop. 8 case, I admire and respect him for his involvement.One role of the dean is providing a model for faculty and students.” Howdid Dean Starr’s involvement provide a model for faculty and students?Dean Starr’s involvement with Prop. 8 provided an excellent modelfor faculty and students in many different ways. He presented a superbargument to the California Supreme Court and in that way modeledexcellent lawyering. Also, he modeled civic engagement on one of themost controversial issues of our time. He did so even knowing it wouldbe unpopular with some of his constituents. This, too, is important asa role model for how lawyers should behave. I vehemently disagreewith Dean Starr’s position in this case, but I tremendously respect andadmire him for his handling it and for his advocacy.To what extent, if at all, should the activities of a law school dean be takenas representative of or reflecting the views of the institution itself?There is a tremendous difference between when the dean speaks forthe institution and when the dean acts as an individual. Most of thetime it will be obvious as to the capacity in which the dean is acting,but if necessary, it is the dean’s responsibility to make this clear. Whena dean handles a case as a lawyer, that does not imply any position onthe part of the institution. It should be understood as the dean, as anindividual attorney, being involved in the matter.You are the founding dean of the Donald Bren School of <strong>Law</strong> at UC Irvine.Describe your vision for your role as dean.As dean, my primary professional obligation is leading in the creationof a new law school. The goal is that we will be a top 20 law schoolfrom the outset. The vision is to emphasize preparing law students forthe practice of law at the highest levels of the profession. Obviously,my tasks are the same as any dean in articulating a vision for theschool, overseeing the budget, engaging in fundraising, and handlingadministrative tasks. But there are also many unique aspects of being afounding dean of a new law school, including being actively involved ineverything from shaping the curriculum, to converting a building into alaw school, to being involved in all hiring decisions of staff and faculty.In addition to your ongoing service as teacher, scholar, and administrator,please describe your activity and work in the broader legal profession,including taking on cases in the courts of appeals and the Supreme Court.The vast majority of my time is spent being dean. But I continue toteach. Although this year we did not have law students, I taught twoundergraduate classes during the winter quarter, a large politicalscience class and a freshman seminar (which I cotaught with thechancellor of UCI). Next year, I will teach a large political science classto undergraduates in the fall and constitutional law to the first-year lawstudents in the spring. I continue to write, including the third edition ofmy constitutional law casebook and several law review articles this year.I also continue to handle appellate cases. Since I became dean on July1, 2008, I have argued five cases in federal courts of appeals (one in theFifth Circuit, one in the Sixth Circuit, and three in the Ninth Circuit). 17L AW. P E P P E R D I N E . E D U


DefendingandLibertyDispensingJusticeby Audra QuinnSince 2006, no fewer than 22alumni have been electedor appointed to thebench, part of a wave of<strong>Pepperdine</strong>-trained lawyersmoving into positions ofleadership and influenceMore than 60 <strong>Pepperdine</strong> <strong>Law</strong> alumni can befound presiding over courtrooms around thecountry and the world—from California to PuertoRico to Canada. Interpreting the law and makingthe right decisions are just part of the job.We turned the spotlight on five alumnijudges, who told us their day-to-day trials,both personal and professional.P E P P E R D I N E L AW 18


Dwayne Moring ( JD ’91)Superior Court Judge, San Diego CountyIn 2008, California Governor ArnoldSchwarzenegger appointed Dwayne K.Moring to a judicial seat on the San DiegoCounty Superior Court. He currently hasa three-year assignment to the JuvenileDelinquency Court. In this role, he hasa daily calendar department where hearraigns minors, conducts review hearings,and rules on contested adjudications. Additionally, he oversees aweekly Juvenile Drug Court and monthly Teen Pregnancy Court.Prior to his appointment as Superior Court judge, Moring was a deputydistrict attorney in the Sex Crimes and Stalking Division of the San DiegoDistrict Attorney's Office from May 2004 to July 2008. The range ofcases he handled included forcible rape, child molestation, sex offenderregistration, indecent exposure, and state hospital recommitmentsfor sexually violent predators and mentally disordered offenders."I chose a career as a government attorney because I knew itwould afford me the opportunity to litigate cases and interactwith the public immediately after passing the bar examination,”he says. “As a trial attorney, I didn’t sit in my office all day dealingwith abstract concepts; I was literally in the trenches every day ofmy legal career working on behalf of defendants and victims.”Previously, Moring was a deputy alternate public defender withthe San Diego Alternate Public Defender's Office from December1994 to May 2004. In this role, he was responsible for representingindigent criminal defendants charged with serious felony offenses.He also had an additional appointment to the Juvenile DependencyCourt where he represented the alleged offending parent accused ofharming his or her minor child through physical, sexual, or emotionalabuse. “One of my coping mechanisms was to focus on protectingthe rights of either the victim or the accused depending on my job atthe time,” Moring explains of his difficult position. “While defendingcharges, I realized I was the defendant’s only supporter and thelast person responsible for protecting their freedom. That need toprotect the rights of the accused far outweighed any concern for theseriousness of the offense or the client’s alleged role in the offense.”Moring is the recipient of several awards for his involvement in thelegal community. The Thomas Jefferson School of <strong>Law</strong> Black <strong>Law</strong>Student Association honored him with the “Flame of InspirationAward” in March 2008, acknowledging his mentorship of minoritylaw students. In 2007, he received the “Outstanding Service by aPublic Attorney Award” from the San Diego County Bar Associationrecognizing the combination of excellence in the practice of law withservice to the community, the profession, the County Bar Association, orlegal education. He also received the San Diego County Sexual AssaultResponse Team’s “Response With A Heart Award” in appreciation ofhis significant contribution to sexual assault prosecution in 2007.Moring earned an undergraduate degree at <strong>Pepperdine</strong> in additionto his law degree. He says, “At <strong>Pepperdine</strong>, I received a valuescenterededucation that reinforced my desire to choose careersthat focused on helping to improve society and individuals.”Cathy Purcell ( JD ’85)Review Judge (Appellate Division), State Bar Courtof California, San FranciscoJudge Cathy Purcell has had a lifelonginterest in ethics. As an undergraduatenursing student, her thesis was dedicatedto issues of ethics in the medical field.While studying law at <strong>Pepperdine</strong>, sheexamined ethics in her article “The Duty ofCourt-Appointed Appellate Counsel: AnAnalysis of Jones v. Barnes,” which was published in the <strong>Pepperdine</strong><strong>Law</strong> Review. Now as a review judge in the appellate division of theCalifornia State Bar Court, Purcell sits on the ethics bench, one of onlythree judges statewide who hear appeals from the State Bar Court.“The goal of the State Bar Discipline System is to protectthe public and not to punish the attorney,” she explains.Following the filing of an appeal, Purcell and her fellowpanelists review briefs, transcripts, and the decision of the trialcourt, then issue their opinions, which are either unpublished,or published in the California State Bar Court Reporter.“Our work differs from state appeals courts because we considerevery case on a ‘de novo’ or independent basis. Appeals of ourdecisions are heard directly by the California Supreme Court.”Prior to her role on the ethics bench, Purcell served as KernCounty Superior Court judge from 2001 to 2008, and was thedeputy district attorney in Kern County from 1989 to 2001.She practiced with private firms for three years after serving ajudicial clerkship with the Honorable Malcolm M. Lucas of theCalifornia Supreme Court. “The justice and his staff demanded thehighest quality work. Fortunately, the education that I receivedfrom <strong>Pepperdine</strong> prepared me well. I learned much about theappellate process from the court that still benefits me today.”When it comes to ethics, Purcell advises law students to developtheir own credos. “It is not enough to memorize a set of rules andstandards,” she says. “Students should strive to understand thepurpose of legal ethics and incorporate that understanding into apersonal philosophy that influences every action and thought.”Brian K. Tester ( JD ’90)Judge, U.S. Bankruptcy Court for the Districtof Puerto RicoAfter practicing bankruptcy law for 16years upon graduating from <strong>Pepperdine</strong>,Tester had participated in the legal processin every capacity—attorney for debtor,trustee, U.S. trustee, secured creditor,unsecured creditor—the only role hehadn’t taken on was judge. So, whenCongress approved a fourth judgeship in Puerto Rico as part of theBankruptcy Abuse Prevention and Consumer Protection Act of2005 (BAPCPA), Tester jumped at the chance to don the robe. 19L AW. P E P P E R D I N E . E D U


Medical College School of Nursing in Philadelphia, Pennsylvania, her bachelor’s degree from the <strong>University</strong> of California Irvine,and her juris doctorate from <strong>Pepperdine</strong>, she went on to earn a fourth degree, a master of laws in judicial process from the <strong>University</strong>of Virginia. She has lectured extensively at educational programs for lawyers, judges, and even business students, and she is acurrent author for Bancroft Whitney’s California Civil Practice series, along with numerous articles on a variety of legal issues.She recently sat in for Chief Justice Ronald M. George on the California Supreme Court, to hear a class-action suit againsttobacco firms. The 4-3 decision, in favor of consumers, was announced on May 18. Justice Moore voted with the majority. Judicial Appointments Since 2006David BarkerClark County (Nevada) Eighth Judicial District Court (2007)Judge James K. HahnLos Angeles County Superior Court (2008)David L. BelzOrange County Superior Court (2009)Tricia BigelowCalifornia Court of Appeal, Second Appellate District,Division 8 (2008)Terry BorkLos Angeles County Superior Court (2007)David C. BroughamLos Angeles County Superior Court (2008)Michael E. DellostrittoKern County Superior Court (2008)Kevin DeNoceVentura County Superior Court (2008)Michael D. DiRedaSecond District Court (Utah) (2008)Don FranchiSan Mateo County Superior Court (2008)David B. GelfoundLos Angeles County Superior Court (2007)Jane Shuler Gray5th Judicial District Court, New Mexico (2006)Michael JesicLos Angeles County Superior Court (2008)Mark E. JohnsonRiverside County Superior Court (2009)Judith MeyerLos Angeles County Superior Court (2006)John MalloyRiverside County Superior Court (2008)Dwayne MoringSan Diego County Superior Court (2008)Michael Murphy3rd Judicial District Court, New Mexico (2006)Cathy PurcellReview Department (Appellate Division),California State Bar Court (2008)Stephan SalesonSan Bernadino County Superior Court (2006)Susan StrongLancaster (Nebraska) County Court (2006)Brian TesterFederal Bankruptcy Court, District of Puerto Rico (2006)For a complete listing of <strong>Pepperdine</strong> alumni serving in the judiciary, go to law.pepperdine.edu/pepperdinelaw/2009/spring/alumnijudges.htm. 21L AW. P E P P E R D I N E . E D U


How Mike Leach (JD '86) Journeyed to thePinnacle of College Football's Coaching Ranksfrom contracts tocoachingby Emily DiFriscoP E P P E R D I N E L AW 22


It was a dark and stormy night. Itwas 1 a.m. Mike Leach (JD ’86), headcoach of the Texas Tech football team, wasa half-mile out from his house in Lubbock,Texas. He was walking his dog around agolf course, surrounded by lightning, andon the phone with me.These were the circumstances of our interview,but the scenario seemed appropriate. The nineyearhead coach follows the beat of his own drum and isaffectionately known as the “Mad Scientist” by fans andthe media. The name comes from Leach’s innovativetechniques on the field, particularly in offensivestrategy, and also his fanatical lectures and stories oneverything from law to grizzly bears and pirates.During his tenure at Texas Tech, Leach has changed the face ofcollege football. He has led the Red Raiders to nine consecutivewinning seasons and made them a perennial contender in the Big 12Conference. With 11 wins and a high national ranking, last seasonwas Tech’s best yet. Both their quarterback and wide receiver brokeNCAA all-time records and were candidates for the Heisman Trophy.At the end of the season, Tech shared the Big 12 South division titlewith powerhouses Oklahoma and Texas. On December 2, 2008,the Associated Press named Leach the Big 12 Coach of the Year.Coaching staffs from across the country have traveled toLubbock to get a glimpse of Leach’s offense—the most prolificpassing offense in the country—up close and in practice.Coaches, sportswriters, and fans have noted Leach's success,and this year he gained greater notoriety through in-depthprofiles on 60 Minutes, ESPN, and in The New York Times.The Mad Scientist is also known for having a nontraditionalbackground for a coach. He is one of only six NCAA Division Ihead football coaches who did not play football at the collegelevel. Leach spent his early 20s in an unlikely place: law school. 23L AW. P E P P E R D I N E . E D U


Consumed by <strong>Law</strong>?As a kid in Cody, Wyoming, Leach was always “a prettycompetitive guy.” He explains, “My dad’s an overachiever, hepushed me. I’m the oldest child of six, and I have those oldestchild tendencies. I became an Eagle Scout when I was 14.”And he had his eye on the legal profession. “I wanted to go to lawschool, which is odd because we didn’t have any lawyers in my family.My dad hated lawyers. I just assumed that’s what I would do,” he says.Leach attended Brigham Young <strong>University</strong> for his bachelor’sdegree, and graduated with honors in 1983. He came to <strong>Pepperdine</strong>to figure out if I should coach or stick with law, and so I wrote hima letter. ‘Dear Gerry, do you love law? Do you hate law? If you hadto do it all over again, would you go to law school?’ He wrote back,‘Yes, I love law. Yes, I hate law. I’m consumed by law, and I thinkabout it all the time. If you’re consumed by law, you’ll be an attorney,if you’re not, you’ll do something you are consumed with.’”Leach was consumed with football, but he still didn’t knowwhether he could make it into a career. He graduated in the topthird of his law school class in 1986. He was 25 years old andbroke, so he delayed entering the workforce. “I decided to geta master’s degree from the United States Sports Academy. Ialso got another student loan,” he says. “I figured I’dcoach two years. I’ve been coaching ever since.”Yes, I love law. Yes, I hate law.I’m consumed by law, and Ithink about it all the time.….immediately afterward and experienced the typical first-year lawstudent stress. Leach enjoyed the challenge of law school, but theidea of coaching was also percolating in the back of his mind.Even his professors remember that Leach loved football. “Itwas clear when he was in law school that he was absorbed byfootball,” says Professor Janet Kerr, who remembers Leach drawingfootball plays in the margins of his legal pad during class. “Hewas very engaging,” she adds. “He thought very differently andcreatively. I considered him to be someone who really enjoyedthe learning process.” Professor Kerr later wrote Leach’s firstletter of recommendation to get into professional coaching.Dean Emeritus Ron Phillips was dean while Leachattended <strong>Pepperdine</strong>, and he has stayed in touch overthe years. “He clearly thinks outside the box,” says DeanPhillips. “He’s a very bright, multidimensional person.”Leach’s ties to football go back to high school, where he often rodethe bench but loved the sport. “I was smallish (I got a growth spurtin the middle of college) and I was a fairly average player,” he says.He wanted to coach youth football, but very few programs existedat that time. “They didn’t have those ‘put ’em in pads when they’re6’ football competitions, which I don’t think are the greatest idea,”explains Leach. “The quickest, easiest way to start coaching was to startwith baseball.” So he coached Little League baseball for five years.He had stopped Little League by the time he came to <strong>Pepperdine</strong>,but he was still thinking about trying his hand at coaching football.“I used to sit in the law library, and I would procrastinate by readingGerry Spence books,” says Leach. “Gerry Spence was from Wyomingtoo. He was the legal equivalent of what I aspired to be. I was tryingThe Sand Pit andOther TechniquesEven though he never practiced law, Leach hasnever considered his three years of law school tobe a waste. “I use it every day,” he says of his legaleducation. “Someone once put it to me like this, andI agree with this take. ‘You’re not getting a degree inmemorizing rules; you’re getting a degree in problem-solving.’<strong>Law</strong> school will teach you how to research, but your job is todiscover solutions to problems. Now I’m in charge of 130 players,10 coaches, an entire strength staff, training staff, video staff, andacademic staff; there are plenty of problems to solve every day.”One of those problems is particularly close to Leach's heart: theeducation of his players. When he signed on at Texas Tech, thefootball program had one of the lowest graduation rates among publicinstitutions. Currently, they boast an above-70 percent graduationrate—the highest of any public institution in the nation. Leach isknown for using unconventional techniques to get his athletes tostudy. He heard about one player who was failing a class, so Leach…If you’re consumedby law, you’ll be anattorney…,made him sit at a desk on the 20-yard line in the middle of Februarywhen it was snowing. Needless to say, the player’s grades improved.Leach uses unusual approaches in practice as well. Since hisreceivers are nonstop runners, he makes them work out on a 40-yardsand pit he has installed on the practice field. “We don’t hesitateP E P P E R D I N E L AW 24


to put them in, roll them around, and spray them with water,” hesays. Running in sand strengthens their ankles and knees. Whenthey finish sprinting, they move to Leach’s tennis-ball drill, wherethey must catch tiny fuzzy balls fired at their chests at 60 m.p.h. Thepractice has turned many players into glue-fingered receivers.But Leach’s true genius is in his strategy, which he firstdeveloped as the offensive coordinator for the <strong>University</strong> ofKentucky and Valdosta State <strong>University</strong> (Georgia). Prior totaking the helm at Texas Tech, Leach directed the offense atthe <strong>University</strong> of Oklahoma, helping the program go from oneof the worst in the Big 12 Conference to one of the best.Midway through our interview, I ask Leach to give me someinsight into his offensive strategy. “The tricky thing about offenseisn’t finding plays because football has got more plays than you canever run,” he offers. “The tricky thing is selecting and packaging.You’ve got to make choices. I think law helped with that too. Inlaw school, you don’t have enough time to study for the exams.You have to make choices. You’ve got to be selective. [In football]I think it’s important to attack the whole field. Have as many playsas your team can execute at full speed without any hesitation.”At this point in the interview, Leach is still walking his JackRussell terrier (technically his son’s dog; he and his wife Sharonhave four children). Leach tells me his phone is getting wet,and I wonder how long he has been walking in the rain. Beforewe hang up, he tells me about their upcoming season. “We’vegot a good group of players,” he says. “A lot of people view it asa rebuilding season, but we never view it like that. We’ve hada really good spring. We’ll probably have a little more depththan we’ve had in the past, and we’re all really optimistic.” The Verdict on a Playoff SystemAs sports fans know, Division I college football is the only levelthat has the Bowl Championship Series (BCS) rather than a playoffsystem. The BCS vs. playoff system is hotly debated amongst everyoneinvolved in the sport, and Leach is no exception. “Right now, we’rejust massaging the problem,” he says. “We haven’t solved it.”Leach proposes a playoff system for college football that would giveevery team postseason play. “If I had it my way I would cut the regularseason to 10 games. I would have a 64-team playoff, which meansthe champion and the semifinalist would play 16 games. I wouldalso guarantee that every team gets 12 games. If you don’t make theplayoffs or if you get eliminated, you play two National InvitationalTournament (NIT) games to help take care of the athletic budget.“If you did it this way, the disputes wouldn’t be whowon—whether it’s a team you liked or not—it would beindisputable,” he explains. “The debate would be over whethersay, the 59th team was better than the 71st team.”I ask the coach why he loves Tech and why he has stayedthere (he recently signed on until 2012, but rumor has itthat his job offers are numerous). “We’ve done better eachyear. Anytime you’re still climbing is a lot of fun,” he says.“We’ve had good players, good coaches to work with, andwe’ve expanded the stadium three times in seven years.”…if you’renot, you’lldo somethingyou areconsumedwith. 25L AW. P E P P E R D I N E . E D U


A RealPioneerColleen Graffyand the World at Largeby Sarah FisherP E P P E R D I N E L AW 26


On the last day of her four-year term in the U.S. Department of State,Colleen Graffy was singled out by Secretary of State Condoleezza Rice.In front a packed room at the outgoing administration’s farewell event,Rice called her a real pioneer. Even today Secretary Rice remembersGraffy as a "tireless advocate for improving America's internationaloutreach. Her stewardship to ensure new avenues of engagement wereopened between Americans and the people of Europe and Eurasia hasmade a lasting and positive difference," she says.Graffy served for four years as deputy assistantsecretary of state for public diplomacy forEurope and Eurasia—a position that she wasthe first to hold. One of her main initiatives in the jobwas engaging in public relations for the U.S. abroad.Graffy encountered an American public relationscrisis, in which the U.S. seems to exist in a gray areabetween world leader and World Enemy NumberOne. As the only global superpower, America isoften strongly criticized and has been the targetof violent hatred. Yet the U.S. remains the go-tonation for help in times of international crisis.“America’s ‘superpower’ status means that thereis an insatiable desire to know more about what theU.S. is thinking and doing,” says Graffy. She usedher role to help bridge the gap between America andEurope by creating a media center in the heart of theEuropean Union in Brussels, Belgium. It gave theState Department the opportunity to define theirown message in Europe, on Europe’s schedule.“Building a media hub with television and radiobroadcasting facilities was a new concept, which has allowedus to do targeted messaging for specific distribution overseas,”Graffy explains. “That has given me probably the greatest sense ofaccomplishment. It was a great privilege to serve our country.”Her opinion was sought by numerous prestigious news outletssuch as the BBC, Sky News, and Channel Four TV, and she wasoften asked to weigh in on subjects that are difficult to define inlegal terms when involving many different sovereign nations.“How do you balance civil rights and the right to life of citizens?”she asks, commenting upon controversial measures taken byAmerica to protect national security in the age of global terrorism.“It is the most challenging international legal issue of our time—what to do about non-state actors engaging in terrorism.”With the closing of the Bush administration signaling the end ofGraffy’s term in the State Department, she returns to <strong>Pepperdine</strong>Colleen Graffy interviews with Sir David Frost on al-Jazeera television.where she will break ground in another newly created position. Graffywill engage the School of <strong>Law</strong> globally as director of Global Programs,based out of London, a city she has returned to time and time again.In addition to working closely with Professor Shelley Saxer, thestateside director of the School of <strong>Law</strong>’s London Program, Graffywill be teaching and overseeing the program. She will also considerways for the students to engage the culture. “My job at the StateDepartment reinforced my view of the importance for Americans toexperience other cultures at a deeper level than Tourist 101,” she says,before asking, “How can I help facilitate a greater immersion intothe British culture for our students? I would like to figure that out.”Graffy believes that the benefits of traveling abroad areimmeasurable. Students who have had an international educationalexperience, “have a high level of self-confidence and a broader vision oftheir world, and the opportunities therein,” she says. Not to mentionthat in the current cultural and economical climate, with an increased 27L AW. P E P P E R D I N E . E D U


How do you balance civil rightsand the right to life of citizens…It is the most challenginginternational legal issue ofour time—what to do aboutnon-state actors engaging interrorism.Graffy visits elementary school children in Prague, Czech Republic.Graffy prepares for an interview on Armenian television.emphasis on globalism, an extended time abroad is a definitepositive on any resume. Says Graffy, “They stand out from thecrowd, and are seen as proactive and having their act together.”She would know. After earning her bachelor’s degreefrom <strong>Pepperdine</strong> and then a master’s degree at Boston<strong>University</strong>, Graffy adopted London as her second home.There she completed her legal education at King’s Collegeand the Inns of Court School of <strong>Law</strong>. She was called to theBar of England and Wales as a barrister of the Middle Temple,one of the Inns of Court established in the medieval era towhich all barristers in England and Wales must belong.Prior to taking up her position in the State Department, shehad been the director of <strong>Pepperdine</strong> <strong>Law</strong>’s London Program.Facilitating the program, working with young people, and livingoverseas all prepared her for her job in the State Department.As she returns to <strong>Pepperdine</strong>, Graffy considers how best to uniteher experiences in Washington, D.C., with her vision for the future.“<strong>Pepperdine</strong> is doing tremendous things internationally,” she says.“My role as director of global programs will be to think strategicallyabout what we should be doing in the future, and where, as wellas how to enhance the superb programs we already have.”One way in which she plans to expand the program is toexplore making the London Program part of a specializedinternational focus. “Students might spend their fall termin London and the spring term in another country doing aninternship or coursework or both—perhaps in India, China,Uganda, Rwanda, or other parts of the world,” says Graffy.Graffy will be teaching courses on international publiclaw, professional responsibility, and environmental lawand will continue to nourish the program’s relationshipwith other law institutions in London and around theworld, such as the <strong>University</strong> of Copenhagen.“I am looking forward to teaching internationalenvironmental law this fall because the lead up to the nextinternational agreement on climate change post-Kyoto willbe in Copenhagen this December,” she explains. “Climatechange and associated environmental issues are hot topicsso I think students will really enjoy taking this class—particularly while overseas, as Europe is very focused on it.”As she readies herself to travel across the pond, Graffy reflectson returning to a country she knew so well before her adventuresin Washington, D.C. She remembers dining with friends inAmerica after living in London for so long. She absentmindedlynoticed that there were a lot of Americans in the restaurant, andhad to be reminded that she was, in fact, back in America.As she returns to her adopted homeland, Graffy will continueto find creative ways to reach out internationally on behalf of theSchool of <strong>Law</strong>. “I am indebted to my colleagues—ProfessorsGash, Saxer, Miller, and Popovich and of course our wonderfulLondon Program Coordinator, Glyn Trevillion, who were sodedicated to the running of the London Program these past years,”she says. “I would like to build on the work that they have done toensure that the London Program is available to all students.” P E P P E R D I N E L AW 28


Public Diplomacy on the GroundColleen Graffy Writes about her Tenure in the State Departmentby Colleen Graffy, Director of Global ProgramsFor the past three and a half years I had the privilege of serving asdeputy assistant secretary of state for public diplomacy for Europeand Eurasia. During that time I provided direction for more than600 people overseas and worked with a staff of 30 in Washington,D.C., and a budget of over $200 million.I was responsible for our public diplomacy efforts from Russia,the Caucusus, and Turkey up to the Baltics, down through easternEurope, the Balkans, and all of western Europe.My definition of public diplomacy is effectively communicating ourvalues, culture, and policies to the people of another country.Most countries are scrambling to improve their public diplomacycapabilities because they realize the impact that a country’s imagehas on its commerce, tourism, and ability to influence internationaldecisions. The United States is both admired—and resented—andbecause of its superpower status, America’s public diplomacy iscritical.Little did I realize how much my previous position, director of<strong>Pepperdine</strong> <strong>Law</strong>’s London Program, would help. The position providedan excellent vantage point by which to identify some of thechallenges to America’s ability to communicate. I felt the frustration,as an American living overseas, of listening to our countrybeing criticized and not hearing a response from U.S. governmentofficials for days—if at all.Upon joining the U.S. State Department, in September 2005, I wasmotivated to find ways to get more U.S. government officials out, onthe record, and particularly on TV where most people were absorbingtheir information. Empowering not just the ambassador but othersat the embassy to do media was key—as was media training. Gettinginside the media cycle, in real time, was another challenge.The solution was to build a media center in Europe. AlthoughLondon was an obvious choice, Brussels, as the center of theEuropean Union, was even better. By setting up our own TV andradio broadcasting facilities we were able to interview the many U.S.government officials who came through Belgium for NATO, the E.U.,and other reasons. With the birth of the “Brussels Media Hub” wewere able to increase interviews by over 30 percent.But public diplomacy is not just about media—I describe “PD” astwo sides of a coin. One side is the 24/7 media communications.The other side is the long-term relationship building. We build relationshipsbetween the U.S. and other countries through outreachefforts such as cultural diplomacy, sports diplomacy, educationalexchanges, and a new area that I introduced, called “green diplomacy.”Cultural diplomacy includes people connecting through art ormusic. We hosted Gershwin music for a standing-room-only crowd inMoldova, a country western band concert in Armenia, and of coursejazz events, which continue to be America’s greatest ambassadorof all. We supported the cultural heritage of countries through aspecial fund that allowed us to prevent, for example, the deteriorationof a church in Georgia.Sports diplomacy can be used to break down barriers and helpwith integration issues. The U.S. ambassador to Denmark, a greatsportsman himself, partnered the embassy with an NGO to teachbasketball skills to immigrant youth in Copenhagen.Educational exchanges probably make the biggest impact. TheInternational Visitors Leadership Program brought Tony Blair,Gordon Brown, and Nicholas Sarkozy to the U.S. at an early stage intheir careers and created lifelong friends of the U.S.The U.S. educational system continues to be a big draw. I experiencedthis firsthand when I saw how a college fair brought togetherCypriot youth and their parents from both the north and the south tolearn more about U.S. universities. I worked to create an exchangeprogram that reached out to even younger students—high school—through the Ben Franklin Transatlantic Fellowship program. Thisprogram brings together youth from new democracies in easternEurope, American students, and western European youth to learnabout comparative constitutions and how to use and identify crediblesources on the Internet.I launched “green diplomacy” for several reasons. Green Diplomacyis a way for us to help other countries, make friends, and tell thestory of how much the U.S. cares about the environment—not onlyin our own country, but around the world. Our embassies engagein environmental issues such as water management, recycling,preventing deforestations, and many others.Having traveled to more than 40 countries in fewer than four years,I am convinced that communicating our country’s values, culture,and policies is important for all of us—not just the U.S. government.The task is an idea I will explore in my new job, as director of<strong>Pepperdine</strong> <strong>Law</strong>’s Global Programs, based out of London.Visit the London Program at law.pepperdine.edu/london. 29L AW. P E P P E R D I N E . E D U


Innovation at WorkJim Rishwain (JD ’84)Integrates People and Practicesat his Global Firmby Emily DiFriscoIn his tenure as firm chair at Pillsbury Winthrop Shaw Pittman LLP, Jim Rishwainhas made his share of tough calls. “As chair of a major law firm, you always facechallenges,” says Rishwain. But the turbulent first half of 2009 has been farand away the toughest environment for Rishwain and his 900-attorney firm.“The year 2009 represents the most difficult economy I have facedin my career,” he says. “In this economy, no assumption is safe. Youneed to be ahead of the curve and anticipate your clients’ needs.”Pillsbury, which specializes in the energy, financial services, realestate, and technology sectors, is handling the tenuous times with newlevels of innovation. One of Rishwain’s strategies is to build teamsaround clients and around substantive emerging issues. Pillsburywas the first firm in 2007 to institute a multidisciplinary subprimelegal team in response to the looming mortgage crises. Recently, theyestablished the Global Business Evolution Team to examine howtheir clients and the legal industry will operate in this new economy.Rishwain is a high-energy person, who travels nearly every dayto meet with clients, recruiters, recruits, media, and partners andassociates around the world. It’s not unusual for Rishwain to fly fromLos Angeles to Washington, D.C., to Boston, back to D.C., to LosAngeles, to Sacramento, and San Francisco all within a few days.The northern California native attended UCLA for undergraduatestudies and <strong>Pepperdine</strong> for law school, where not surprisingly, hisfavorite course was corporate securities. “I knew I wanted to be abusiness lawyer,” he says. During law school, he was on the MootCourt Board and he was a note and comment editor for the <strong>Pepperdine</strong><strong>Law</strong> Review. Upon graduation, he went to work for Gray Cary (nowDLA Piper) in San Diego. “I was fortunate to land a position with GrayCary, which launched me into the big firm world,” says Rishwain.In 1986, he joined Pillsbury in Los Angeles. Now he is theworldwide chair of the firm, and he knows what skills areneeded. “In order to lead a firm, you need to build trust, inspireconfidence, and elevate performance,” says Rishwain.Rishwain’s vision for the firm, which has had two significantmergers since 2001, includes operating as one firm movingforward and continuing to grow business, revenues, and clients.Rishwain also counts corporate responsibility and work/lifebalance as top priorities for the firm, and proudly notes thatbecause of the firm's benefits, Pillsbury was recently named in theTop Ten companies in the U.S. by Working Mothers magazine.For young lawyers, Rishwain has this advice: “Always be preparedand anticipate the needs of your clients. Do not focus simply on thedocument sitting on your desk, but remember the client's objectiveand how you can help the client achieve their objective.” P E P P E R D I N E L AW 30


Barbara A. Jones’ resume is a lawyer’s dream. She has traveled theglobe, serving as counsel to investment banks, private equity funds,and other financial institutions, as well as public and private companiesin life sciences and biotechnology, information technology, energy,telecommunications, media, entertainment, and sports. She activelyrepresents Olympic athletes and authors on a pro bono basis.She is a partner in the lawfirm of McDermott Will &Emery LLP, based in the firm’sBoston office, where she headsthe Boston Securities PracticeGroup and is a member ofthe firm-wide committeeon securities and financialtransactions. She is also chair ofthe American Bar Association’sSubcommittee on InternationalSecurities Matters, completinga three-year term thatbegan in August 2008.One thing is for sure, ifJones is working on it, it’sprobably “a big deal.” <strong>Law</strong> isactually the second career forthe McLean, Virginia, native.After earning a bachelor’sdegree from Michigan State<strong>University</strong>, she began herfirst career in managementconsulting, and later corporatemanagement, specializing inemployee and labor relations.“I spent a lot of time workingon equal employmentopportunity and wage-hourmatters, so a natural nextstep was to obtain a formal legal education,” she says.Jones was accepted to both Stanford and <strong>Pepperdine</strong>, but chose<strong>Pepperdine</strong>, where she served as editor-in-chief of the <strong>Pepperdine</strong><strong>Law</strong> Review. “<strong>Pepperdine</strong> offered something unique—a strongcommitment —no, a dedication —to imbuing students with a senseof service to others consistent with its strong ethical base,” she says.Her legal career began in the prestigious Los Angeles office ofSullivan & Cromwell where she diverted her path from employmentlaw to corporate and securities law. Jones credits much of herversatility as a lawyer to her time there. “As a corporate attorney withthe firm, you are expected to be a generalist and handle everythingand anything that comes along,” she says. “It was an extremelyintense and competitive environment, but I worked on some ofthe largest and most challenging deals in the world at that time.”She recalls, for example, being in charge of the privatization ofEDP, the Portuguese electricity company, on behalf of her client,Goldman Sachs. “During one meeting in Lisbon, it was my job toJones addresses the Class of 2009 at commencement.explain to the minister of finance of Portugal why Portugal should notexpect to receive the same concessions as Germany. This was in thebudding days of the European Union, and tensions were very highamongst the less-developed countries to be treated equally,” she says.In 1990, after several years with the firm in Los Angeles, Jonesaccepted a six-month assignment in the London office. This led towhat would eventually be13 years in London, whereshe headed the internationalcapital markets practice. From1997 to 1999, she served asvice president and assistantgeneral counsel and regionalcounsel for capital markets withJ.P. Morgan Securities Ltd. inEurope, the Middle East, andAfrica. In 2003, she returned tothe U.S., relocating to Boston,Massachusetts to take on hercurrent role at McDermottWill & Emery. She is taskedwith enhancing the firm’scorporate finance and privateequity capabilities, and leadingthe Boston Securities PracticeGroup. She is also part of thefirm’s U.S. cross-departmentalLife Sciences Practice Group.As chair of the ABA’ssubcommittee on InternationalSecurities Matters, Jonesalso has to stay ahead of theregulatory and legal trends.“The financial marketshave clearly evolved inrecent years from a U.S.-centric base to a globally interdependent market,” she says. “Withthe change of administration at the U.S. Securities and ExchangeCommission, we can expect enforcement initiatives to increase andnew regulatory efforts to modernize our outdated securities regime.”Over the years Jones has maintained close ties to <strong>Pepperdine</strong>,where she serves on the law school’s Board of Visitors. She wasrecently honored as the school’s 2009 Distinguished Alumnus.When she addressed the Class of 2009 on May 22, she emphasizedthe importance of seizing opportunities. “When I left <strong>Pepperdine</strong>in 1989, I never could have predicted the course my career wouldhave taken,” she says. “The opportunities I have had to work withpremier law firms and corporations across the globe astound me.”The key to her professional success, she says, is simplyenjoying what she does. “I thoroughly enjoy being a ‘deal’lawyer—no two deals are the same; no two companies arethe same. And the beauty of the law is that it continues toevolve, so there is never a prospect of being bored.” Relentless PursuitAttorney Barbara Jones (JD ’89) Closes Every Dealby Audra Quinn 31L AW. P E P P E R D I N E . E D U


From urban planning to real estate law, Ethan Rogersenvisions a better future for city dwellersby Megan Huard“Urban planning is an art,” explains Ethan Rogers (JD ’09).“Engineers like straight lines, but urban planners likecurvy ones. We’re concerned about aesthetics on both amicro and macro level.” From transportation and traffic topollution, noise, and open space, urban planning pervadesdaily life in largely unnoticed but impactful ways.Rogers earned his bachelor’s degree in urban planning fromBrigham Young <strong>University</strong>, and shortly before graduation,took out the phone book to cold-call every city within drivingdistance until he found one that was hiring. He was pickedup as a planning intern, then assistant planner, and finallycity planner, advancing to the post in just one swift year.As a city planner Rogers spent a lot of time with lawyers.To successfully build or develop anything new in a city,urban planners must review the project and relevant legaldocumentation. “I had an intimate look at whatthese lawyers do,” Rogers recalls, “and Iknew before I set foot at <strong>Pepperdine</strong> thatI wanted to work in real estate law.”He hasn’t wavered from this goal. Sincebeginning law school, Rogers has gainedexperience drafting planned developmentpackets; resolving legal issues regardinggeneral plan amendments, zonechanges, variances, andsubdivision entitlements;analyzing tax and liabilityaspects of special purposeentities; and more.Last summer he set hissights on working forthe best real estatedeveloper in SouthernCalifornia. Throughhis support networkat <strong>Pepperdine</strong>, hisown expertise, and the power of persuasion, Rogers securedthe first and only legal internship at Caruso Affiliated,headed by School of <strong>Law</strong> alumnus Rick Caruso (JD ‘83).Caruso had a new vision and design for the historic butdilapidated Miramar Hotel in Montecito, California. As legalintern to the general counsel, Rogers worked to secure keyCalifornia Environmental Quality Act (CEQA) entitlementsand satisfy the city’s requirements for development.“Developers are sometimes viewed as the ‘bad guys’,”Rogers says. “But Caruso was really concerned aboutwhat’s best for the city. That ethic drives me as well.”Rogers first explored how thoughtful planning canimprove a city as an undergraduate student. He traveledto Suzhou, China, to research environmental, traffic, andland use challenges associated with China’s industrialboom, before undertaking humanitarian projects in Indiawith Mother Teresa’s Home for the Dying Destitutes.He observed a direct correlation between solid cityplanning and quality living conditions, inspiring hisvision to develop a nonprofit organization dedicated tolifting Third World economies into First World ones.Keeping his eye on this long-term goal, Rogers servedas student chair of an 8,000-member attorney/studentorganization called the J. Reuben Clark <strong>Law</strong> Society.Rogers helped coordinate international public serviceefforts as well as the annual conference for thegroup, whose purpose is to promote fairnessand virtue founded upon the rule of law.As Rogers prepares for his first year of work withthe firm Greene Fidler Chaplan Hicks, in SantaMonica, California, he trusts in an old adage tostay focused. “Abraham Lincoln said, ‘Things maycome to those who wait, but only the things leftby those who hustle.’ So I’m putting myself in theway of opportunity. I want to accomplish more.” P E P P E R D I N E L AW 32


fa c u l t y W R I T I N G S 2 0 0 8 - 2 0 0 9Roger P. AlfordFree Speech and the Case forConstitutional Exceptionalism, 106Michigan L. Rev. 1071 (2008).The Nonuse of Constitutional Comparativism byInferior Courts, 76 Fordham L. Rev. (2008).The Future of Investment Arbitration(with Catherine Rogers, Oxford <strong>University</strong>Press, 2008).Robert Anderson IVMeasuring Meta-Doctrine: AnEmpirical Assessment of JudicialMinimalism in the SupremeCourt, Harv. J. L. & Pub. Pol'y(forthcoming).Donald Earl Childress IIIComity as Conflicts: ResituatingComity as Conflict of <strong>Law</strong>s, J. PrivateInt'l L.(forthcoming).Herb E. CihakDirect Democracy in PoliticalEncyclopedia of U.S. States andRegions (CQ Press 2008).Robert F. Cochran, Jr.<strong>Law</strong>yers, Clients, and MoralResponsibility (with Thomas L.Shaffer, West, 2d ed. 2009).Faith and <strong>Law</strong>: How ReligiousTraditions from Calvinism to IslamView American <strong>Law</strong> (NYU Press 2008).Jack J. Coe, Jr.Circulation of Draft Awards under the2004 U.S. Model BIT in The Futureof Investment Arbitration(Roger Alford & Catherine Rogers eds., Oxford<strong>University</strong> Press 2009).Settlement Patterns and the Role of Third-PartyNeutrals in Investor-State Dispute (book chapterforthcoming).Richard L. Cupp, Jr.Moving Beyond Animal Rights: ALegal/Contractualist Critique, 46 SanDiego L. Rev. 27 (2009).Christine ChambersGoodmanRetaining Diversity in the Classroom:Strategies for Maximizing the BenefitsThat Flow from a Diverse StudentBody, 35 Pepp. L. Rev. 663 (2008).Janet E. KerrThe Creative Capitalism Spectrum:Evaluating Corporate SocialResponsibility Through a Legal Lens,81 Temple L. Rev. (Spring 2009).Climate Change Implications on CorporateGovernance and Enterprise Risk Management,Wake Forest L. Rev. (forthcoming).Douglas W. KmiecNondiscrimination or Deregulation:A U.S.-E.U. Comparison (The2007 Federalist Society National<strong>Law</strong>yers Convention: Corporations: Is theU.S. Legal Regime Undermining AmericanCompetitiveness?), 12 Texas Rev. L. & Pol.405 (2008).Standing Still—Did the Roberts Court Narrow,but Not Overrule, Flast to Allow Time toRethink Establishment Clause Jurisprudence?(Symposium: An Enigmatic Court? Examiningthe Roberts Court as It Begins Year Three), 35Pepp. L. Rev. 509 (2008).Yoo’s Labour’s Lost: Jack Goldsmith’s Nine-Month Saga in the Office of Legal Counsel31 Harv. J.L. & Pub. Pol’cy 795 (2008)(book review of The Terror Presidency:<strong>Law</strong> and Judgment Inside the BushAdministration, by Jack Goldsmith).Kristine S. KnaplundThe Evolution of Women’s Rights inInheritance, 19 Hastings Women’sL.J. 3 (Winter 2008).Edward J. LarsonThe Reception of Darwinism in theNineteenth Century, 21 Science andChristian Belief (2009).Prejudiced Results: Darwin and Race,BookForum, Feb./Mar. 2009 at 36.Biology and the Emergence of the EugenicsMovement in <strong>Law</strong>, in Biology and Ideology(D. Alexander ed., Chicago <strong>University</strong> Pressforthcoming 2009).Introduction to Charles Darwin, Origin ofSpecies (Modern Library 2009).Myth 20: That the Scopes Trial Ended in Defeatfor Antievolutionism, in Galileo Goes to Jailand Other Myths About Science andReligion 178-186 (R. Numbers ed., Harvard<strong>University</strong> Press 2009).Postmodern Developments in the Debate, inDarwin and the Bible: The CulturalConfrontation 117-129 (R. Robbins and M.Cohen eds., Penguin 2009).The Legal Battle Between Creation and Evolutionin the Classroom, Darwin and the Bible at155-165. 33L AW. P E P P E R D I N E . E D U


fa c u l t y W R I T I N G S 2 0 0 8 - 2 0 0 9Samuel LevineIntroduction to Symposium: TheSupreme Court’s Hands-Off Approachto Religious Doctrine, 84 NotreDame L. Rev. 793 (2009).Rethinking the Legal Reform Agenda: WillRaising the Standards for Bar Admission ThroughMinimum Legal Education Requirements Promoteor Undermine Democracy, Human Rights, andRule of <strong>Law</strong>? (with Russell G. Pearce), 77Fordham L. Rev. 1635 (2009).Preface: AALS Jewish <strong>Law</strong> Section Papers, 23 J.L.& Rel. 375 (2007–2008).Emerging Applications of Jewish <strong>Law</strong> in AmericanLegal Scholarship: An Introduction, supra at 43.Lost in Translation: The Strange Journey of anAnti-Semitic Fabrication, from a Late Nineteenth-Century Russian Newspaper to an Irish LegalJournal to a Leading Twentieth-Century AmericanCriminal <strong>Law</strong> Textbook, 29 Dublin U. L.J.260 (2007), reprinted in 45 Crim. L. Bull.(forthcoming 2009).Louis Marshall, Julius Henry Cohen, BenjaminCardozo, and the New York Emergency Rent<strong>Law</strong>s of 1920: A Case Study of the Role of Jewish<strong>Law</strong>yers and Jewish <strong>Law</strong> in Early Twentieth-Century Public Interest Litigation, 33 J. LegalProf. 1 (2008), reprinted in Jews & LegalProf. (Marc Galanter and Suzanne Last Stone,eds.) (forthcoming).Of Inkblots and Omnisignificance:Conceptualizing Secondary and SymbolicFunctions of the Ninth Amendment, in aComparative Hermeneutic Framework, Mich.St. L. Rev. (forthcoming).Goldman v. Weinberger: Religious FreedomConfronts Military Uniformity in <strong>Law</strong> andReligion: Cases in Context (Leslie C.Griffin ed., Aspen forthcoming).Robert J. Pushaw, Jr.Partial-Birth Abortion and the Perilsof Constitutional Common <strong>Law</strong>, 31Harv. J.L. and Pub. Pol’cy 519(2008).Creating Legal Rights for Suspected Terrorists:Is the Court Being Courageous or PoliticallyPragmatic?, 84 Notre Dame L. Rev.(forthcoming 2009).Justifying Wartime Limits on Civil Rights andLiberties, 8 Chap. L. Rev. (forthcoming 2009).Shelley Ross SaxerFaith in Action: Religious AccessoryUses and Land Use Regulation, 2008Utah L. Rev. 593 (2008).Assessing RLUIPA’s Application to BuildingCodes and Aesthetic Land Use Regulation, Alb.Gov’t L. Rev. (forthcoming 2009).Banishment of Sex Offenders: Individual Liberties,National Rights and the Dormant CommerceClause, Environmental Justice, and Alternatives,Wash. U. L. Rev. (forthcoming 2009).Kenneth W. StarrFrom Fraser to Frederick: Bong Hitsand the Decline of Civic Culture, 42U.C. Davis L. Rev. 661 (2009)(symposium issue).Our Libertarian Court: Bong Hits and theEnduring Hamiltonian-Jeffersonian Colloquy(Symposium: Speech and the Public Schools afterMorse v. Frederick), 12 Lewis & Clark L. Rev.1 (2008).The Roberts Court and the Business Cases(Symposium: An Enigmatic Court? Examiningthe Roberts Court as it Begins Year Three), 35Pepp. L. Rev. 541 (2008).Thomas J. StipanowichArbitration <strong>Law</strong> and Practice(with Roger Alford, forthcoming2009) [Aspen 2005]).Arbitration and Choice: Taking Charge of the“New Litigation”, 7 DePaul Bus. & Com. L.J. 3(forthcoming 2009) (symposium issue).Arbitration: The "New Litigation", 2010 U. ILL.L.REV. 1 (forthcoming Jan. 2010).Maureen Arellano WestonDoping Control, MandatoryArbitration, and Process Dangersfor Accused Athletes in InternationalSports, Dispute Res. L. J.(forthcoming).Anatomy of the First Public Sports Arbitration:Surprising Practical, Legal, and Policy Issuesin USADA v. Landis, Dispute Res. L. J.(forthcoming).COLLABORATIONSH. Mitchell Caldwell, Carol A.Chase, and Christine GoodmanUnpredictable Doom and Lethal Injustice:An Argument for Greater Transparency inDeath Penalty Decisions, Temple L. Rev.(forthcoming, Winter 2010).H. Mitchell Caldwell, Carol A.Chase, Naomi Goodno, and L.Timothy PerrinCase Files for Basic TrialAdvocacy (LexisNexis 2009).P E P P E R D I N E L AW 34


The <strong>Pepperdine</strong> FundHelping every law student.Bar swearing in ceremony, December 4, 2008Your annual gift strengthens academic programs, enhanceslibrary and technology services, attracts distinguishedfaculty, maintains a quality learning environment, fundsstudent organizations, and provides financial aid to students.Visit law.pepperdine.edu/about/givingheAndrew CochraneMemorial FundThe Andrew Cochrane Memorial Fund supportsmental health costs for law students.Find out more at law.pepperdine.edu/cochranefund 35L AW. P E P P E R D I N E . E D U


c l a s s a c t i o n s Marni Byrum Jeffery D. PalumboNicholas R. Andrea Lance Bridgesmith1 9 7 3James J. Di Cesare, a judge on theOrange County Superior Court, waspresented the Jerrold Oliver MemorialAward by the Orange County Trial <strong>Law</strong>yersAssociation on January 10, 2009. The awardis presented annually to a judge whose careerreflects judicial integrity, compassion, andcourage.1 9 7 4Doris M. Felman retired after 20years as deputy city attorney for the Cityof Santa Ana, California. She subsequentlytrained to be a touring docent for the OrangeCounty Museum of Art in Newport Beach,California.1 9 7 8James Henderson published the bookIndicted! The People versus the Medical andDrug Cartel.1 9 7 8Marni Byrum was recently awardedone of Virginia Tech's Alumni DistinguishedService Awards for 2009. She is an attorneyin private practice with emphasis on labor,employment, and personnel law. She oftenlectures on labor and employment issuesand was an adjunct faculty member atWashington College of <strong>Law</strong> at American<strong>University</strong>. She is a member of the BoydGraves Conference and a master of theGeorge Mason Inns of Court.1 9 8 0Jeffery D. Palumbo was madepartner at Damon & Morey LLP in Buffalo,New York. He concentrates his practice on awide variety of environmental and real estateissues, including real estate development,land use planning, use and area variances,zonings, site plan and subdivision approvals,residential and commercial sales, stateregulatory procedures, as well as variousother real estate-related matters.1 9 8 2Les Bowron has lived in Nashville,Tennessee, for eight years, where he has triedhis hand at songwriting. He was happy toreceive a letter that did not begin with, “Weregret to inform you,” when the CBS daytimesoap opera The Young And The Restless playedhis song “How Far Can You Run FromLove?” on the air on June 4, 2008.1 9 8 3Edwin Estes, Jr., has been namedcoordinator for the real estate program at Mt.San Antonio College in Walnut, California. ACalifornia real estate broker and member ofthe State Bar of California, he joined Mt. SanAntonio College in 2008 as a full-time facultymember.1 9 8 4David DePaolo foundedWorkCompCentral, a news and educationresource for workers’ compensation law in1999. He remains CEO and president.1 9 8 8Matthew Fisk and his wife Emikowelcomed their son Kansha Samuel onNovember 16, 2008, in Tokyo, Japan. Fiskpractices as foreign counsel at the Ishii<strong>Law</strong> Office.Eileen Lavigne Flug lives inWestport, Connecticut, where she is activein local government. She is married and hastwo children.1 9 8 9Kevin Fillo is the general counsel atNumonyx B.V., a semiconductor companyheadquartered in Rolle, Switzerland.Dario G. Dalla Lasta works for thedirector of business affairs at Richard FrankelProductions, a company that produces andmanages Broadway shows such as Gypsy,Young Frankenstein, and Hairspray. He alsoworks as a DJ throughout the Manhattan andBrooklyn areas of New York City, New York.P E P P E R D I N E L AW 36


1 9 9 0Charles R. Eskridge III and his wifeMonica welcomed their third child CalebMerit Eskridge on November 8, 2008.Laura L. Smith has been named by theFCC as special counsel for the SpectrumEnforcement Division of the FCC’sEnforcement Bureau.1 9 9 2Ben Shatz was honored as the 2008<strong>Law</strong>yer of the Year, Private Sector by theConstitutional Rights Foundation for hiswork with the Appellate Court ExperienceProgram. He continues to practice civilappeals with Manatt, Phelps & Phillips, inLos Angeles, California.1 9 9 3Jesse M. CarylNicholas R. Andrea accepted aposition at Tressler, Soderstrom, Maloney &Priess, LLP, in Orange County, California.Shannon McLin Carlyle hasbeen named to the executive committee ofthe board of directors of First Green Bankin southeast and central Florida. She is aFlorida Bar-certified circuit and appellatemediator and serves on the appellate practiceboard certification committee. The CarlyleAppellate <strong>Law</strong> Firm practices complex civilappellate litigation in state and federal courts.Laura McFarland (SC ’86, JD ’92)has been promoted to senior counsel atthe Farm Credit Administration (FCA),where she works on corporate governance,borrower rights, and other issues affecting theFarm Credit System. She resides in Fairfax,Virginia.Montgomery F. Moran has beenco-chief executive officer and secretary ofChipotle Mexican Grill, Inc., since January1, 2009.Scott Petersen joined the firm ofBecker & Poliakoff, PA in Sarasota, Florida.He was formerly with Kirk Pinkerton, PAin Sarasota. He continues to practice incommercial and real estate litigation.1 9 9 4Laurel Brauer was featured in theFebruary 2008 Super <strong>Law</strong>yers edition ofLos Angeles magazine as one of the topfamily lawyers in Southern California. Sheis the president and owner of Brauer <strong>Law</strong>Corporation. She is a frequent chair, speaker,and author in family law for associationssuch as the Beverly Hills Bar, the Los AngelesCounty Bar, and the Los Angeles LegalSecretaries Association.Alan Jay Jackson, a deputy districtattorney in the Los Angeles DistrictAttorney’s Office, prosecuted recordproducer Phil Spector for the shooting deathof actress Lana Clarkson. A superior courtjury convicted Spector of second degreemurder on April 13, 2009.1 9 9 5Robert Ming was selected by his fellowcouncil members to serve as mayor of LagunaNiguel, California. He is also senior vicepresident and associate general counsel forJefferies & Company, Inc., an internationalbrokerage and investment banking firm.1 9 9 6Corinne Miller Adams and husbandJordan welcomed their daughter HaileyMckenzie Adams on June 11, 2008.Kelly Lynn Anders recently publishedthe book The Organized <strong>Law</strong>yer. She is theassociate dean for student affairs at Washburn<strong>University</strong> School of <strong>Law</strong>. She also directsWashburn <strong>Law</strong>’s externship and pro bonoprograms and teaches Art <strong>Law</strong>.Daniel Weiss and his wife Karinawelcomed their second child Daniel EdwinWeiss III on November 17, 2008. They alsohave a daughter named Eloise.1 9 9 7Michelle Alexandra Epand is apartner at Nixon Peabody LLP.Heather L. Mills has been madepartner at Murchison & Cumming, LLP,in Los Angeles, California. She focuses herpractice on defense of product liability,catastrophic injury, professional liability, andcommercial litigation.1 9 9 9Lance Bridgesmith has joinedMiller & Martin PLLC, in Nashville,Tennessee, from Waller, Lansden, Dortch &Davis.LeAllen Frost is vice president,assistant general counsel, and head oflitigation for Saxon Mortgage Services, Inc.Brent Caslin is now a partner at Jenner& Block in Los Angeles, California.2 0 0 0Jesse M. Caryl has been madepartner at Ford & Harrison in Los Angeles,California.Paul Kamoroff published thechildren’s book The Autism & SpecialEducation <strong>Law</strong> Coloring Book, which isavailable nationally. 37L AW. P E P P E R D I N E . E D U


c l a s s a c t i o n s Jacob MossDavid Sugden's book Valerie Del Grosso Brian R. IversonDavid Newman and Amy Newmangave birth to triplets, Julia Evelyn, CaitlinElizabeth, and Gabrielle Rose on February17, 2009. Caitlin passed away in utero a dayprior to delivery due to complications of anoccipital encephalocele, a rare brain defect.Julia and Gabrielle are now home from thehospital.2 0 0 1Todd Chayet has joined the firm TuckerEllis & West LLP in Los Angeles, California.Michael Mandel was madepartner at Seyfarth Shaw LLP in CenturyCity, California. His practice focuses onrepresenting management in all aspects oflabor and employment law.Christopher E. Ng recently becamea partner in his firm, Gibbs, Giden, Locher,Turner & Senet in Century City, California.He practices commercial litigation.David Sugden, a partner at Call,Jensen & Ferrel, published Gray Markets:Prevention, Detection, and Litigation (Oxford<strong>University</strong> Press).2 0 0 2Dan Droog was made partner at ShipleySnell Montgomery LLP, in Houston, Texas.He and his wife Julie welcomed their secondchild in February.2 0 0 4Lisa G. Rorman ( JD ’04, MDR ’04)just published the children’s book Freddy theFire Hydrant Finds His Purpose. She owns anadvocacy training business and lives with herhusband and three children in Pebble Beach,California.2 0 0 6Alina Amarkarian is an associateat Snell & Wilmer LLP, in Orange County,California.Peter Leavitt and his wife Amberwelcomed their daughter Eva Naomi Leavitton April 24, 2009.Becca Moss and Michael Mosshad a son named Jacob on August 25, 2008.Sarah Gough is practicing law withthe R. Rex Parris <strong>Law</strong> Firm in Lancaster,California.2 0 0 7Jeff cook is beginning a fellowshipwith the International Justice Mission inCambodia after finishing a clerkship inWashington, D.C.Kevin H. Morse has joined Arnstein& Lehr’s Bankruptcy, Creditors’ Rights &Restructuring Practice Group in Chicago,Illinois. He previously served as judicial lawclerk to the Honorable Thomas B. Donovanin the United States Bankruptcy Court forthe Central District of California in LosAngeles, California.2 0 0 8Valerie Del Grosso joined thelitigation department of Kummer KaempferBonner Renshaw & Ferrario, in Las Vegas,Nevada.Melissa Dossey accepted a <strong>Pepperdine</strong>Nootbaar Fellowship to work withInternational Justice Mission in India.Brian R. Iverson joined thelitigation practice of Bass, Berry & Sims inNashville, Tennessee.Marcia Wallis ( JD ’08, MDR ’08)and Jennifer Azadnia ( JD ’08, MDR’08) cowrote the book Girl Talk. The bookaddresses the real questions asked by highschool girls from different backgrounds anddemographics.2 0 0 9amanda carroll accepted a<strong>Pepperdine</strong> Nootbaar Fellowship to workwith Partners Relief and Development inThailand.Kasey Curtis will clerk for Judge JohnnieRawlinson, U.S. District Court, District ofNevada, beginning this fall.John napier will begin work withthe High Court of Uganda, CommercialDivision, through a <strong>Pepperdine</strong> NootbaarFellowship.Jeff Wyss accepted an offer from Latham& Watkins in San Diego, California.P E P P E R D I N E L AW 38


A l u m n i P r o f i l eA RecordHow Scott Tang(JD ’08) Became aPop Artist and AContracts RockStar at RhinoEntertainmentDealby Brad Benham ( JD ’08)If you’re like me, you spent yourfirst few weeks in law school doingthe following things: crying, readingthe same paragraph 12 times,contemplating an early departure,looking up the word “tort” inthe dictionary, crying, and mostimportantly, Googling your newclassmates.Who could blame us? Not only did we have no idea what wewere learning, we also had no idea who the other cluelesspeople were who surrounded us. As with all good generationY’s—I turned to the internet. Google and Facebook helped us“meet” our new classmates, before we ever actually met them.Through my investigation, I learned that Ryan Sorahanwas a quarterback at Arkansas (mental note: try to get onhis flag football team), Jonathan Cyr was an accountant(mental note: try sit next to him one day in tax class),and that ___________’s father owned half of SouthernCalifornia (mental note: try to marry __________).I can only imagine the surprise of many of my classmateswhen they typed the name “Scott Tang” into their searchengines. Our quiet friend actually had a huge number ofYouTube clips, iTunes songs, and entertainment articles thatrevealed his career as a singer-songwriter and pop artist.Entering law school, Tang had one album to his credit. Fastforward three years, and he has three full albums, a lawdegree, and a coveted job drafting and negotiating contractsfor Rhino Entertainment, a Warner Music Group company.Tang grew up in Bryn Mawr, Pennsylvania, where he playedmusic at a young age, copyrighting his first work at age 9.His passion for music took him almost 3,000 miles awayfrom home to UC Berkeley, where he experienced new types 39L AW. P E P P E R D I N E . E D U


c l a s s a c t i o n s of music and musical theory. “My music world just explodedwide open because I spent every day being filled with allthis amazing stuff: classical, jazz, world, everything,” Tangremembers. “There were a lot of concerts and talented,open-minded people. If you needed someone to performyour string quartet, you just had to ask your classmates.it was an amazing environment in which to study.”Following graduation, he chose to travel for a few years whiledeciding which direction to go with his music. He even spentsome time living in a Buddhist temple in Hong Kong (wherehis great-aunt is the head nun) writing songs and helpingout with other volunteers. Although he’s not Buddhist, Tangenjoyed learning from the nuns, waking up to morning prayers,meeting short-term volunteers, and composing music.<strong>Pepperdine</strong> <strong>University</strong>School of <strong>Law</strong>Thanks alumni forparticipating in the FourthAnnual Golf TournamentHosted by alumnusBarak Vaughn (JD '01)See photos at:law.pepperdine.edu/alumni/events/photosEventually, Tang returned to the states, where he worked oddjobs in the entertainment industry. Under the encouragementof his friends, he began playing at open mic nights andworking community musical events both as a performer andan organizer. “Community is a big deal to me because I thinkit’s so underestimated, especially here in Los Angeles. I reallyfeel like it’s the most interesting way to create art and to putyourself out there, both individually and as a group,” he says.Despite Tang’s success and growing presence inthe music community, he missed the intellectualchallenge he had as an undergraduate. After workingfor a few years, he set his sights on law school.At <strong>Pepperdine</strong>, Tang studied hard and built communitythrough the Asian Pacific American <strong>Law</strong> Students Association(APALSA), serving as president for two years. During histhird year, he interned at Rhino Entertainment. “We havea great externship office, led by Professor Laurie Serafino,and I definitely took advantage of that,” says Tang.After taking the bar exam, he spent several months lookingfor a job until a position opened at Rhino. He now spendshis days drafting contracts and working on the generallicensing of the Warner Music Group repertoire.He reflects, “I was lucky to have the mentorship of some<strong>Pepperdine</strong> alumni who are entertainment lawyers,like Jennifer Schaeffer (SC '98, JD '02) as well asthe ridiculously large Rolodex (and heart) of ProfessorJanet Kerr (SC '75, JD '78) not to mention the constantsupport of the Career Development Office.”His daily work is demanding and fast paced, but a quickInternet search will reveal that Tang still does what he didin small-town Pennsylvania and in a Buddhist nunnery inHong Kong—sit down at the piano and create music. P E P P E R D I N E L AW 40


graduation May 22, 2009Gary A. Haugen, founder, president, and CEO of InternationalJustice Mission, gave the commencement address.


24255 Pacific Coast HighwayMalibu, California 90263o n t h e h o r i z o n 2 0 0 9 August 10–15August 19–21September 12September 12–25September 25September 25October 5October 15–17Mediating the Litigated Case, Malibu, CaliforniaFirst Year Student Orientation, Malibu, CaliforniaStep Forward Day, Malibu, CaliforniaCrescendo Alumni Dinner and Show, Malibu, CaliforniaArmand Arabian Advocacy Tournament, Malibu, CaliforniaFamily Day, Malibu, CaliforniaTaking It Upstream: Collaboration, Consensus Building, and SustainableDevelopment, A Green Leadership (Un)Conference, Malibu, California<strong>Law</strong> Alumni Reception, Washington, D.C.Third Annual East Coast Professional Skills Program in DisputeResolution, Cosponsored by Vermont <strong>Law</strong> School, Woodstock, Vermontlaw.pepperdine.eduSchool of <strong>Law</strong>310.506.4611Straus Institute for Dispute Resolution310.506.4655Palmer Center for Entrepreneurshipand the <strong>Law</strong> 310.506.4681Nootbaar Institute on <strong>Law</strong>, Religion,& Ethics 310.506.7635Alumni Affairs310.506.6567Moot Court310.506.4654

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