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					                2008 Annual Conference
Topic Proposal Form

Name: Kathleen Rinehart
Proposed Topic Title: The Art of the Possible: Effective Dispute Resolution Tools to Address
Conflict Within the Administration and Board

Area of Practice: General Counsel, Litigation & Risk Management,
Level: Advanced                     Session Type: Panel Discussion

Topic Description:
Over the past several years, personnel issues have increased in number and complexity.
However, the most challenging and politically delicate personnel problems have involved
disputes between administrators and their supervisors (such as the president), the
president and board chair, and trustee vs. trustee. These disputes typically have a
significant, detrimental impact on the institution's day-to-day operations and achievement of
institutional goals when those responsible to identify and remedy the issue/problem are
either unwilling or unable to do so because: (1) they do not have the political will or
institutional support; (2) they do not have the skill or desire to intervene; or (3) they are
fearful of the information (often confidential) that has been available to those they
supervise, and how that information may be used. This session will focus not only
supervisory best practices to prevent disputes (and litigation), but also on the dispute
resolution tools available to effectively address and resolve such disputes.

Possible Speakers:
Ellen Babbitt, Kathleen Rinehart, Eva Soeka. Eva is a J.D. and the Director of the Center for
Dispute Resolution at Marquette University with more than 20 years of experience in this
field.

Additional Comments:
Karl: I am happy to follow up with whichever track chair I should to provide a fuller
explanation, etc. I have been focusing on this quite a bit over the last few years on the
campuses I represent -- in terms of working preventively with presidents and board chairs to
resolve disputes that have arisen. I also have been struck by the number of severance
agreements utilized over the last 4-5 years to remove unhappy or angry administrators from
campus as quietly as possible, and without litigation. Ellen and I also have discussed a
number of strategies on this issue over the last two years, and I have worked extensively
with Eva at MU -- she currently is overseeing my interdisciplinary PH.D. program in Dispute
Resolution at MU. I look forward to speaking with you soon. Kathleen
               2008 Annual Conference
Topic Proposal Form

Name: Miles Postema
Proposed Topic Title: Lawyering from/in the Eye of the Storm

Area of Practice: General Counsel, Professional & Personal Development,
Level: Advanced                     Session Type: Panel Discussion

Topic Description:
A panel presentation on the role of campus counsel during high profile incidents on campus.

Possible Speakers:
Ken McKanders, Eastern Michigan University (Campus Security Act investigation following
student death) Pam Bernard, Duke University (the LaCrosse imbroglio) Someone from
Virginia Tech (shooter on campus tragedy)

Additional Comments:
The point would not be to exacerbate the pain of the events but perhaps more from the
standpoint of lessons learned or good practices from the perspective of campus counsel
navigating through these events. I think these kinds of events test campus lawyers in ways
that we are not ordinarily tested on a day-to-day basis and I am assuming that campus
lawyers had key involvement during these events and in the aftermath.
                 2008 Annual Conference
Topic Proposal Form

Name: David Williams, II
Proposed Topic Title: Conflict of Interest: The inside story

Area of Practice: Business & Real Property Law, General Counsel, Professional & Personal
Development,
Level: Intermediate                 Session Type: Regular Session

Topic Description:
full discussion of conflict of interest

Possible Speakers:
david Williams and others

Additional Comments:
                2008 Annual Conference
Topic Proposal Form

Name: David Williams, II
Proposed Topic Title: Employment Contracts: Not only for Presidents

Area of Practice: Business & Real Property Law, General Counsel, Labor & Employment
Law, Professional & Personal Development, Student Affairs & Athletics
Level: Intermediate                 Session Type: Panel Discussion

Topic Description:
Discussion of contracts for presidents, coaches and others

Possible Speakers:
david williams, Ray cotton, one other

Additional Comments:
                2008 Annual Conference
Topic Proposal Form

Name: Robert E. Harding
Proposed Topic Title: From Here to Eternity: Donor-funded Assets and the Long Reach of
the Charitable Trust Doctrine

Area of Practice: Business & Real Property Law, General Counsel,
Level: Intermediate                 Session Type: Regular Session

Topic Description:
The U.S. has over 1,000 college and university radio and television stations. What if one of
these institutions tries to sell its station’s FCC license and other assets and use the
proceeds for, e.g., an endowed professorship? Donors, listener-members and attorneys
general have recently challenged attempts to shut down institutional radio stations on the
grounds that those stations and their assets are “charitable trusts.” Can the doctrine that
restricted charitable gifts are charitable trusts prevent an institution from liquidating and
redirecting the assets of an educational program it wishes to discontinue? This session will
assess the reach of the charitable trust doctrine, what types of defenses are available, and
who has standing.

Possible Speakers:
Robert Harding. I have recently represented an educational institution in a court challenge
of this type. All of the issues mentioned above were litigated. I have spoken nationally on
various aspects of philanthropy for almost two decades. At the 2005 NACUA Annual
Conference I participated in a panel about endowment funds with Carolyn Osteen of Ropes
& Gray and Lorraine Sciarra of Princeton. I received excellent evaluations.    My contact
information is:         Robert E. Harding   Gray Plant Mooty      500 IDS Center       80 S.
8th Street     Minneapolis, MN 55402 (612) 632-3091
        robert.harding@gpmlaw.com

Additional Comments:
At first this topic might seem narrow and obscure. The recent cases in this area, some of
which have been litigated and some of which have settled, demonstrate that listeners of
college and university radio stations have an inordinately strong sense of entitlement, so
challenges of this type are a real possibility. Thus, the topic would be of interest even if it
were limited to college and university radio stations, but it is not. The same challenge could
be brought against an institution’s attempt to discontinue any educational program which
uses substantial donor-funded assets. The risk is that courts, donors and other “interested
parties” will become inappropriately involved in determining how a college or university
plans and manages its educational programs.
                2008 Annual Conference
Topic Proposal Form

Name: Robert E. Harding
Proposed Topic Title: From Here to Eternity: Donor-funded Assets and the Long Reach of
the Charitable Trust Doctrine

Area of Practice: Business & Real Property Law, General Counsel,
Level: Intermediate                 Session Type: Regular Session

Topic Description:
The U.S. has over 1,000 college and university radio and television stations. What if one of
these institutions tries to sell its station’s FCC license and other assets and use the
proceeds for, e.g., an endowed professorship? Donors, listener-members and attorneys
general have recently challenged attempts to shut down institutional radio stations on the
grounds that those stations and their assets are “charitable trusts.” Can the doctrine that
restricted charitable gifts are charitable trusts prevent an institution from liquidating and
redirecting the assets of an educational program it wishes to discontinue? This session will
assess the reach of the charitable trust doctrine, what types of defenses are available, and
who has standing.

Possible Speakers:
I have recently represented an educational institution in a court challenge of this type. All of
the issues mentioned above were litigated. I have spoken nationally on various aspects of
philanthropy for almost two decades. At the 2005 NACUA Annual Conference I participated
in a panel about endowment funds with Carolyn Osteen of Ropes & Gray and Lorraine
Sciarra of Princeton. I received excellent evaluations.

Additional Comments:
At first this topic might seem narrow and obscure. The recent cases in this area, some of
which have been litigated and some of which have settled, demonstrate that listeners of
college and university radio stations have an inordinately strong sense of entitlement, so
challenges of this type are a real possibility. Thus, the topic would be of interest even if it
were limited to college and university radio stations, but it is not. The same challenge could
be brought against an institution’s attempt to discontinue any educational program which
uses substantial donor-funded assets. The risk is that courts, donors and other “interested
parties” will become inappropriately involved in determining how a college or university
plans and manages its educational programs.
                 2008 Annual Conference
Topic Proposal Form

Name: Jim Shekleton
Proposed Topic Title: Tribal Colleges and Tribal Relations

Area of Practice: Civil Rights/Diversity, General Counsel, Labor & Employment Law,
Level: Basic/Primer                   Session Type: Panel Discussion

Topic Description:
I can't recall ever seeing a session on tribal colleges or tribal relations, e.g., contracting with
tribes or litigating in tribal court. Tribal colleges are, I believe, an unrepresented sector in
NACUA. At present, substantial money is being pumped into Indian health care research, so
questions involving contracting with tribes and appearing in tribal court are more likely than
previously to come before NACUA members.

Possible Speakers:
NOT ME! I might be able to get one of the Indian law experts from the University of South
Dakota to be interested in this, and I am confident that he can work connections with
comparable programs. There is also a state legislator out here who works for a tribe, and
has some manner of New York connection, who might be willing to accept such a project,
though the professor would be my first choice. (The professor appears to be of European
extraction, the legislator is a tribal member.) I'd also check with folks in Oklahoma, New
Mexico, Arizona and North Carolina, and possibly Minnesota, Wisconsin, Michigan and New
York.

Additional Comments:
Indian issues tend to knock around the periphery of the law. Tribal rights, and the rights of
tribal members, occasionally play through the NACUA calendar, but usually in the guise of
Native American status, i.e., one of the less commonly encountered racial minorities. The
instincts so honed are almost invariably wrong. Being Ashinabe or Lakota or Nakota or
Mesquackie is more like being Swiss or French or Luxemburger. Yes, we may all belong to a
race, but the important distinction is the tribe. David Hume actually perceived the point
when he observed that, in China, the German and the Italian consider themselves to be
close friends. There are contexts in which the racial classification may be primary, but this
sort of affinity is secondary to tribal affiliation in many, many settings.
                2008 Annual Conference
Topic Proposal Form

Name: Charlie Babb
Proposed Topic Title: Political Activities on Campus

Area of Practice: General Counsel,
Level: Basic/Primer                Session Type: Regular Session

Topic Description:
By New York we will know who the presidential candidates are. State and local elections will
also be conducted in many areas. Discussion of federal regulations limiting campaigning on
campus, First Amendment issues as well as potential ethical issues would be helpful.

Possible Speakers:



Additional Comments:
               2008 Annual Conference
Topic Proposal Form

Name: Charlie Babb
Proposed Topic Title: General Counsel Round tables

Area of Practice: General Counsel,
Level:                             Session Type: Discussion Group

Topic Description:
same as San Diego

Possible Speakers:



Additional Comments:
                2008 Annual Conference
Topic Proposal Form

Name: Charlie Babb
Proposed Topic Title: Contracts to build building

Area of Practice: General Counsel,
Level: Basic/Primer                Session Type: Regular Session

Topic Description:
Rumor has it that the AIA is reformatting all of their documents this fall. A session wherein
we could compare the old with the new; where they put the stuff we have to look out for; etc.

Possible Speakers:



Additional Comments:
                2008 Annual Conference
Topic Proposal Form

Name: Charlie Babb
Proposed Topic Title: anything by Barron Henley

Area of Practice: General Counsel,
Level:                             Session Type: Regular Session

Topic Description:



Possible Speakers:



Additional Comments:
               2008 Annual Conference
Topic Proposal Form

Name: Russell C. Ford
Proposed Topic Title: What every General Counsel needs to know about its International
Students Office and Foreign National Student population

Area of Practice: General Counsel, Student Affairs & Athletics
Level: Intermediate                 Session Type: Regular Session

Topic Description:
With the hopeful completion of a Pamphlet on the same topic, this discussion would
coincide nicely and would provide some insights into the Pamphlet and alert GCs to the "ins
and outs" of Student Immigration issues.

Possible Speakers:
Russell C. Ford; Helen Konrad; Randall Ney; Joanna Silver; Mark Rhoads

Additional Comments:
                2008 Annual Conference
Topic Proposal Form

Name: Sean Scally
Proposed Topic Title: Tax Updates....

Area of Practice: Business & Real Property Law, General Counsel,
Level: Intermediate                 Session Type: Regular Session

Topic Description:
Update on tax developments.

Possible Speakers:
Who else...?? Me... and perhaps Bert Harding, Joe Irvine... the usual suspects.

Additional Comments:

				
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