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					GONZAGA


LAWYER
SCHOOL OF LAW   SINCE 1912                  SUMMER 2009




                             Power of Attorney:
                             Developing a New Curriculum

                             Currans Endow Chair in Legal
                             Ethics and Professionalism
GONZAGA


LAWYER
SUMMER 2009

Dean
                                            Table of Contents
Earl F. Martin

Managing Editor
                                                                                                                                                                                                                         Message from                          the     Dean
                                            Features:
Nancy Fike
                                             Power of Attorney: Developing a New Curriculum . . . . . . . . . . . . . . . . . . . . 4
Contributing Writers                                                                                                                                                                                                In the fall 2007 version of this message I told you about the strategic planning process that the law faculty
Nancy Fike                                   Currans Endow Chair in Legal Ethics and Professionalism . . . . . . . . . . . . . . . . 6                                                                          completed in the spring of that year. At that time I informed you about our development of a new enrollment
Linda McLane                                                                                                                                                                                                    strategy, our plans for a new alumni outreach effort, and our commitment to develop new programs like the
Christianna Sharman                                                                                                                                                                                             now phenomenally successful Center for Commercial Law.
                                            Departments:                                                                                                                                                            In that same message I noted that the law faculty had also decided to engage in an extensive curriculum
Mark Wilson                                                                                                                                                                                                     review and reform effort. When I wrote those words I did so with some trepidation as curriculum reform in
                                             Message from the Dean . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3                                                                      academic institutions has occasionally been known to be less than a pleasant experience. I am happy
Project Manager                                                                                                                                                                                                 to report that my anxiety was misplaced.
Dale Goodwin                                 In the News . . . . . . . . . . . . . . . . . . . . . . .                        .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   . 8       In this issue of the Gonzaga Lawyer we highlight the exciting changes in our curriculum that were adopted
                                                2009 LRAP Awarded to Four Students . . . . . .                                .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   . 8   by the law faculty in May of 2008. The 1L class that will arrive on campus this August will be the first group
Senior Copy Editor                              Kenneth W. Starr, William O. Douglas Lecturer .                               .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   . 9   of students to take advantage of this new curriculum.
                                                                                                                                                                                                                    The changes we have adopted touch on every year of our course offerings. The first year curriculum,
Susan Bowen                                     Luvera Lecture . . . . . . . . . . . . . . . . . . .                          .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .10
                                                                                                                                                                                                                often the hardest part of any law school program to change, was revised in ways that upended decades of
                                                Colville Tribal Court of Appeals . . . . . . . . . .                          .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .10   practice at the school and will expose our students at the very beginning of their education to the skills and
Graphics Editor                                 Congratulations to our December Graduates . .                                 .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .11   professional values they will need to practice law. The second year curriculum will see a major reorganization
Pat Skattum                                     Gerry Hess. . . . . . . . . . . . . . . . . . . . . .                         .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .11   of the legal research and writing courses, while the third year will include a requirement that all of our
                                                                                                                                                                                                                students earn three credits in either the clinic or through the externship program.
Photographers                                Life in the Library. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12                                                                   Each change to our curriculum was adopted in order to serve the goals of improving our students’
                                                                                                                                                                                                                acquisition of the substantive knowledge and legal skills they will need to be competent advocates,
Brooke Ellis                                                                                                                                                                                                    and to inculcate them with the professional values that will make them ethical advisors for their clients.
                                             Clinic News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
Nancy Fike                                                                                                                                                                                                      Accomplishing these goals will, in turn, help the institution ensure that it is delivering on its mission promise
Jeff Geldien                                 Summations: Student News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14                                                                       to provide its students with an excellent legal education informed by our humanistic, Jesuit, and Catholic
Jennifer Raudebaugh                                                                                                                                                                                             traditions and values.
                                             Faculty Scholarship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18                                                                      I cannot say enough about the vision and leadership shown by our faculty in adopting these revisions to
Shane Young Photography                                                                                                                                                                                         our program of legal education. At the outset of the effort I anticipated that it would take us anywhere from
Hanne Zak                                                                                                                                                                                                       eighteen to twenty-four months to complete the review. As it happens, the entire process took just twelve
                                             Class Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30
                                                                                                                                                                                                                months and the final result reflected feedback that had been gathered from students and alums, as well as
Corrections: Please note that due to                                                                                                                                                                            the considered judgment of the law faculty.
an error we misspelled Jim Newman’s          Rising Stars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35
                                                                                                                                                                                                                    I am sure it is apparent by now that I am very proud of what we have accomplished with these revisions to
name in the last edition of the Gonzaga
                                             Alumni Events . . . . . . . . . .    .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .36   our curriculum. This is certainly the most significant thing to happen since I became dean of this institution
Lawyer; we apologize for the error.
                                                                                                                                                                                                                and I anticipate that we are going to experience a qualitative leap forward in the education our students
                                                Phoenix Alumni Reception .        .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .36
Mr. Michael D. Lynch, class of ’85, was                                                                                                                                                                         receive as we roll out this new course of instruction.
omitted from the Honor Roll of Donors           San Diego Alumni Reception        .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .36
for 2007-08 in the Fall 2008 Gonzaga            Portland Alumni Reception .       .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .36
Lawyer Magazine. His donation should
                                                Olympia Alumni Reception .        .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .37
have been included in the “Law
Society $100-$249” category. We                 Las Vegas Alumni Reception        .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .37
sincerely regret our error.
                                             In Memoriam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38                                                                  Dean Earl Martin
The Gonzaga Lawyer is published                                                                                                                                                                                 Gonzaga University School of Law
biannually for alumni, faculty, staff and
friends of Gonzaga University School
of Law. Please contact the Office of
Alumni Relations at (509) 313-3605 or
nfike@lawschool.gonzaga.edu if you
have comments or suggestions.

Visit our homepage at
www.law.gonzaga.edu


                                                                                                                                                                                                                                                                 3
                                                                                                                                                            “I’m very happy with what we did and where we ended up. Student feedback
                                                                                                                                                             has been very positive.”

                                                                                                                                                             That’s not the end of it, though.

                                                                                                                                                            “It will evolve. I have no doubt we’ll get even better.”
                                                                                                                                                            ~ Gerry Hess, professor of law, co-director of the Institute for Law Teaching & Learning,
                                                                                                                                                                 and chair of the curriculum review committee.




                              power of attorne y                                                                                          GONZAGA’S REVISED FIRST YEAR CURRICULUM




                     DEVELOPING
By Christianne Sharman
                                                                                                                                          FALL                                                                                          SPRING

                                                                                                                                          Civil Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4                 Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4




                                                                      a new curriculum
                                                                                                                                          Torts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4       Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

                                                                                                                                          Perspectives on the Law . . . . . . . . . . . . . . . . . . . . . 3                           Criminal Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

                                                                                                                                          Legal Research & Writing . . . . . . . . . . . . . . . . . . . . . 2                          Legal Research & Writing II. . . . . . . . . . . . . . . . . . . 2
   When you’re known for providing an excellent legal                    “The practice of law is becoming more of a business,”
                                                                                                                                          Litigation Skills & Professionalism Lab . . . . . . . 2                                       Transactional Skills & Professionalism Lab . . . 2
education that produces skilled and compassionate                     Martin explains. “Firms attach economic value to on-the-job
advocates — as Gonzaga School of Law is — conventional                training and that can get squeezed at the margins when firms         First year program enhancements:

wisdom would say “stay the course.”                                   cut costs.”                                                         Addition of a 2-credit Litigation Skills & Professionalism Lab
                                                                                                                                          Addition of a 2-credit Transactional Skills & Professionalism Lab
   But that’s not the Gonzaga way. A law school of Gonzaga’s             In May of 2008, Gonzaga answered the call by adopting
                                                                                                                                          Reduction of 5-credit doctrinal classes (Civil Procedure, Contracts, Property, Torts) to 4 credits
caliber maintains its stature not by replicating success but          a new curriculum that gives students sufficient knowledge
                                                                                                                                          4-credit doctrinal courses offered in a single semester, rather than two semesters
through regular, rigorous self-examination aimed at even              and experience “to get a better sense of what it means to be        Addition of 3-credit Perspectives on the Law course
higher levels of achievement. That explains why, in 2007 and          a lawyer,” Hess says. “If we don’t provide that, they’ll get it
2008, the law school underwent a comprehensive, faculty-              somewhere else.”
driven curriculum review and reform.                                     At Gonzaga, that sense will come largely from three              GONZAGA’S REVISED SECOND YEAR REQUIRED COURSES

   “We’re trying to do more with legal education than is              sources. First, the faculty will continue to provide a first-        Constitutional Law I (Governmental Structure). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
traditional,” explains Gerry Hess, professor of law,                  class education in the substantive law and procedure that
co-director of the Institute for Law Teaching & Learning,             a student needs to become a lawyer.                                 Constitutional Law II (Civil Liberties). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
and chair of the curriculum review committee.                            Second, the curriculum will require fifteen credits of skills
                                                                                                                                          Legal Research and Writing III (Litigation). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
   “Gerry is nationally respected as an authority on legal            training spread across all three years of the program. These
education,” says Earl Martin, Gonzaga’s dean. “He is                  credits will consist of eight hours of legal research and           Legal Research and Writing IV (Transactional) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
consulted by other schools, and he is a leader in our school.”        writing, four credits of skills training in the first year, and a
                                                                                                                                          Professional Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
   The nine-member curriculum committee did their                     requirement that all students take three credits in their third
homework, consulting three seminal books on the subject; a            year in either the clinic or the externship program.                Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
number of reports, studies, and surveys; and many interested             Third, the values and habits that underlie professionalism
                                                                                                                                          Second year program enhancements:
constituencies such as the alumni board of advisors,                  will be more intensely reflected in the law school’s
                                                                                                                                          LR&W III increased from 1 to 2 credits; focus on litigation practice
students, and others.                                                 curriculum. Of particular note will be the two new skills and       LR&W IV increased from 1 to 2 credits; focus on transactional practice
   This inclusive, efficient, and effective process identified          professionalism labs in the first-year curriculum that will
a gap in legal education nicely closed by a curriculum                challenge students to struggle with professionalism issues
intensely focused on professionalism and ethical values,              while learning both litigation and transactional practice skills.   GONZAGA’S NEW THIRD YEAR REQUIRED COURSE

within the context of practical legal skills.                            According to Hess, this union of acquiring substantive           Clinic or Externship. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
   Hess says the committee’s work revealed law schools                knowledge, practical skills, and professional values effectively
                                                                                                                                          Gonzaga’s revised required curriculum added an experiential requirement in the third year.
could do a better job of turning out lawyers ready to practice.       realizes the faculty’s vision for Gonzaga’s future.
                                                                                                                                          Students will take the important step of applying the knowledge, skills, and professionalism
This concern has become even more pressing as firms                                                                                        they have learned in their first two years of law school in a real life setting.
devote less time to training and mentoring.

                                                                  4                                                                                                                                             5
C
                                                                           In 1960, Don co-founded the Spokane law firm now known              “God has been good to us, and we thought we should in               subdivisions and subparagraphs. Many of a lawyer’s
                                                                       as Delay, Curran, Thompson, Pontarolo & Walker and limits his      some way show our gratitude,” Va Lena said. “Endowing a                 professional responsibilities are prescribed in these rules, as
                                                                       practice to plaintiffs’ personal injury and representing lawyers   chair seemed like the thing to do.” The holder of the newly             well as substantive and procedural law. However, a lawyer
                                                                       with disciplinary issues. A past president of the Spokane          endowed chair will have a faculty member’s regular duties in            is also guided by personal conscience and the approbation

                   URRANS                                              County Bar Association, he is a Fellow in the American College
                                                                       of Trial Lawyers. He has received professionalism awards from
                                                                                                                                          teaching, academic citizenship, and advising, and is expected
                                                                                                                                          to be a leader in professional development. For example,
                                                                                                                                                                                                                  of professional peers. The rules set a mandatory minimum
                                                                                                                                                                                                                  standard of professional behavior. Graduates are schooled
                                                                       the Washington State Young Lawyer Section (1992) and the           Dean Earl Martin said, the chair holder is expected to                  in the rules. However, they lack experience in applying the
ENDOW                                                                  Spokane County Bar Association (1995). In addition, for over 20    participate in seminars and projects with local, state, and             rules to guide them in solving ethical dilemmas. The chair will
                                                                       years he has been an invited speaker at seminars on ethics,        national organizations, take an active interest in providing            emphasize, with renewed vigor and technique, the application
CHAIR in LEGAL                                                         professionalism, and discipline.                                   education to the bench and bar, and publish regularly.                  of ethical principles to real life situations. Memorizing the
                                                                           Va Lena is a member of the Washington State Bar                    The Currans said making the gift was made easy by                   ethical rules is no assurance of practicing ethically. Learning

ETHICS and                                                             Association and has served on the law school board of
                                                                       advisors almost since its inception. (As she described it, “I’m
                                                                                                                                          Dean Martin. “He combines a fine analytical mind and a good
                                                                                                                                          legal imagination with a most gentlemanly professional and
                                                                                                                                                                                                                  to use the rules to solve difficult ethical quandaries is the goal
                                                                                                                                                                                                                  we seek.”
                                                                       the guest who came to dinner and never left.”) She has also        easy going manner. The legal community has the highest                      With the ethics portion of the bar exam comprising half
PROFESSIONALISM                                                        served on the Law School Foundation Board. She is presently        respect for Earl Martin,” Don said. Va Lena joined in saying            a day, students are eager to learn the Rules of Professional
                                                                       on the Catholic Charities Board and the Catholic Charities         that in his four years as dean, Earl Martin has hired new and           Conduct. “We invite law students to our home, and often
Thanks to Pete Tormey for his contribution to this story
                                                                       Foundation. She describes one of her “privileges” as cantoring     distinguished faculty, developed a rapport with alumni, and             discussion will center on ethics and the pitfalls awaiting the
                                                                       at St. Augustine Church.                                           significantly increased the bar passage rate, all of which               practitioner who has causal deference for the Rules. We urge
    Believing it is more blessed to give than to receive,                  Practicing law has been a satisfying experience for both       allows graduates to take justifiable pride in their alma mater.          the students to understand the Rules and seek the advice
Don and Va Lena Curran have endowed a faculty Chair of                 of the Currans. They see lawyers as helping people solve           “We wanted to be part of the success of Gonzaga Law School              of seasoned practitioners for advice when in doubt about
Professionalism and Ethics at their alma mater. The purpose            problems and enjoy the challenges of doing so.                     in a new and significant way.”                                           applying them. For example, how to ethically deal with offensive
of the Chair is to advance teaching and scholarship in the areas           The Currans are among the most enthusiastic of Gonzaga             The Currans are private people and wanted no recognition            personalities is not an infrequent issue. The challenge is not
of legal ethics and professionalism. The holder of the Chair           supporters. A Trustee of the University for the past 12 years,     for the gift. However, Dean Martin convinced them that going            to retaliate, which only worsens the problem, but to respond
will be designated the J Donald and Va Lena Scarpelli Curran           Don chaired the national search resulting in the 2005 hiring of    public would serve the law school’s best interests and even             with restraint in a way which discourages repetition. This is
Professor of Legal Ethics and Professionalism.                         Earl Martin as dean. Va Lena is a longtime Regent and a past       might inspire others to give of their time, talent, and treasure.       professionalism and ethics at their best. To those who say
   The Currans met in a law school class in 1953 and were              president of the Law School Board of Advisors. The Currans             Don said the chair will meet a pressing need. “The legal            ‘there are too many lawyers’ I have this simple retort: we don’t
married at St. Aloysius Church in 1961. They have three sons,          co-chaired the committee to raise funds to construct the new       profession is highly regulated with, for example, 61 complex            have too many good lawyers.” Thanks to help from the Currans,
one of whom, Kevin, is a 1988 graduate of the law school.              law school building.                                               Rules of Professional Conduct with intricate and numerous               the law school will continue to produce good lawyers!


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