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					Chase                     S a l m o n P. Chase College of L aw Magazine

northern kentucky university   ❙   SPRING 2004    ❙    v ol um e 2 , n o . 1

          beyond our

   Practicing law beyond the borders of the USA
dean’s letter

                T    he Chase College of Law in a Multinational
                Era for Law and Business
                                                                         of legal disciplines, and the full array of legal
                                                                         skills, including trial skills, interviewing,
                                                                         counseling, and negotiation. Chase provides
                     The Chase College of Law has a long,                that foundation.
                proud, and successful tradition of producing the              During my time practicing law in the
                finest lawyers and leaders in our region. Chase           military, I was fortunate to serve with a number
                graduates have served our region with distinction        of Chase graduates. These Chase attorneys and
                in private practice in large and small law firms,         military officers distinguished themselves with
                in the corporate legal offices of our region’s           a very high degree of professional competence
                major corporations, in public service as judges,         and integrity, but also demonstrated the breadth
                public defenders, prosecuting attorneys, city and        of legal talent that was able to be applied in
                county attorneys, and legislators, in bar leadership     a wide range of contexts beyond the borders
                positions, and in key leadership positions in our        of our region. In a world that is increasingly
                region’s businesses and government agencies.             multinational even at the local level, preparing
                     The success of our graduates throughout our         our law students to succeed in that environment
                region is a function of the talented students we         is essential.
                attract to attend Chase and the strength of our               Our educational focus that enables our
                legal education program. Our educational program         graduates to succeed in law and business outside
                develops strong analytical and communication             our borders is also the focus that best prepares
                skills, a thorough and solid grounding in a wide         all our graduates to succeed in law and business
                range of legal disciplines, and superb training          throughout our region and our country at a time
                in the full breadth of legal skills. Although an         when law and business by their very nature have
                effort is made in many areas of our curriculum to        become multinational even on the local level.
                incorporate some exposure to the state laws within            I want to thank our graduates who
                our region in the context of a broader examination       have shared their international law practice
                of the law, our program provides the education and       experiences for this issue of Chase. Their stories
                training that prepares our graduates to succeed          help demonstrate in concrete terms the value of
                throughout the legal profession well beyond the          a Chase legal education for success in a broad
                borders of our region.                                   range of circumstances around the world.
                     The success of our graduates in law and
                business in 45 states, the District of Columbia, and
                at least three foreign countries is a testament to the
                quality legal education and training we provide
                and the enormous breadth of interest and talent
                among our graduates. In an effort to help us all
                gain a greater appreciation for the broad scope of
                our graduates’ engagement, our lead article in this
                issue of Chase focuses on a few of our graduates
                who have had the opportunity to practice “Beyond
                Our Borders.”
                     During my career as a lawyer in the military
                before joining Chase as Dean in 1999, I had the
                opportunity to spend five years practicing law
                outside the United States. That experience required
                not only dealing with what would traditionally
                be regarded as public international law, but also
                dealing with a wide range of other countries’
                domestic laws in both civil law and common law
                countries. Success in that environment depends
                on having a strong foundation in legal analysis,
                communication, substantive law in a wide range


Chase                                           S a l m o n P. Chase College of Law Magazine                     spring 2004
                                                                                                                 volume 2, no.1

05                              06                                 09                                            10

chase’s influence                on a mission                       Chase grad finds                               changing the
felt far and wide               Chase Alumna Travels to Middle     niche as                                      world
“The world is bigger than you   East, Meets King of Jordan         international                                 Chase Alumna Provides Legal
might think...”                                                    patent attorney                               Expertise in Former Soviet Union

11                              11
one foot in                     learning
europe and the                  the language of
other in the u.s.               law... again

                                                                   13                                            16
AROUND THE LAW SCHOOL                                              moot court                                    Faculty
                                                                   success                                       publications

                                                                   17                                            17
                                                                   where are they                                50TH anniversary of
                                                                   now?                                          brown v. board
                                                                                                                 of education

                                                                   24                                            26
ALUMNI NEWS                                                        service honor                                 chase alumni named
                                                                   roll                                          super lawyers

                                                                   28                                            30
                                                                   class notes                                   in memoriam

                                CONTRIBUTORS                        CONTRIBUTORS                                 PUBLISHER

Terri L. Schierberg ’76 (NKU)   Jim Pickering                      Michael Whiteman                              Nancy Perry ’73 (NKU)
EDITOR                          Director of Communications and     Associate Dean for Law Library Services and   Director of Law School Advancement
                                Special Projects, NKU              Information Technology
Dionne Laycock ’90 (NKU)                                                                                         Gerard St. Amand
DESIGNER                        Chris Cole ’99 (NKU)               Rick Bales                                    Dean of Salmon P. Chase
                                Director of Media Relations, NKU   Associate Professor                           College of Law
Joe Ruh
                                Meredith Ludwig ’04 (NKU)          Heath Davis
                                Alumni Coordinator, Chase          Media Services Designer, Chase

    beyond our


4   chase
                                                                                                  TOMOYUKI OTSUKI ’96

Chase’s influence felt
far and wide
    Surviving in law school can be tough          quadruple miracle. “The first miracle was        and continues beyond the geographical
even if English is your native tongue. Now        getting into Chase,” he recalls, “the second    boundaries. There are many opportunities
imagine tackling law school when English          was surviving, the third was passing the bar,   everywhere. There are lots of American
is your second language and the challenge         and the fourth was finding employment.”          lawyers in Japan.
of learning what amounts to a whole new                Before he returned to Japan in 2001,           “You have to look broadly,” he says. “It
language – legal terminology – is thrown          he practiced law for four years with            is important for students to open their eyes
in as well.                                       Greenebaum, Doll & McDonald PLLC                to these opportunities.”
    While Tomoyuki Otsuki ’96 had studied         in Kentucky. Today, he serves as legal              Otsuki is married to Kaori and they have
law in undergraduate school, it was in his        counsel for Dell Japan Inc., a local entity     a two-year-old son, Kazushige.
home country of Japan (Kyoto Sangyo               of Dell Inc. in Japan, where he handles all
University), where the legal system is quite      legal matters there and in Korea. Otsuki
different from America’s. The Japanese            is licensed to practice law in the U.S. in
legal system is based on codes and modeled        three states – Kentucky, New York, and
on the German and French legal systems            Washington State.
whereas our legal system is part of the                His background is useful for American
Anglo-American common law tradition,              and other foreign-owned companies
making the two systems “different in many         in Japan because he has Japanese law
ways,” according to Chase Professor Mark          knowledge and U.S. law experience. In
Stavsky. In addition, Stavsky also notes          Japan, he explains that being a “lawyer”
that the method of teaching law in the two        primarily means being a trial lawyer, and
countries is vastly different as well. In         the number of corporate and business
the United States, the Socratic method is         lawyers is still limited. By contrast, he
primarily employed but in Japan a lecture         points out that in the Untied States there
format is used. The former method                 are a lot of lawyers who practice law as
involves extensive student participation,         in-house counsel and business lawyers in
allowing for substantial interaction between      law firms.
professor and students.                                Otsuki now has the distinction of
    “In order for someone trained in the          being able to count himself among the few
civil law system to succeed in an American        Japanese nationals who have studied law
law school, that person must alter radically      in Japan and earned a J.D. in the U.S. As       OTSUKI AND DEAN ST. AMAND
his approach to learning the law. I think it is   a result, he has an interest in teaching law
an enormous challenge, and Otsuki should          school someday.
be deservedly proud of his substantial                 His experience at Chase was so positive
accomplishment,” Stavsky explains.                that he has recommended the school to
    Otsuki describes his own success in           others.
achieving his Juris Doctor in somewhat                 His advice to law students is this:
spiritual terms when he refers to it as a         “The world is larger than you might think

                                                                                                  BY TERRI SCHIERBERG

                                                                                                                                 Spring 2004     5

                                                                                                   BETH LEWIS MAZE ’88

    On a mission
    Chase alumna travels
    to Middle East, meets
    King of Jordan
        Discussing foreign policy with King        Egypt at 6:50 p.m. on September 13.            his steering committee, the members of the
    Abdullah was one item on the itinerary of          What followed was a short briefing          delegation were asked all types of questions
    Judge Beth Lewis Maze ’88 of the Twenty-       with the Cultural Affairs Officers from         regarding U.S. foreign policy.
    First Judicial Circuit, when she was part of   the U.S. Embassy. The next day, the                The most pointed of these questions
    a delegation that traveled to the Middle       delegation proceeded to the Ministry of        and a question Maze recalls was asked
    East last year and spent 16 “incredible”       Foreign Affairs in Maspero and later met       continually throughout the trip was ‘What
    days together on a political mission.          with Dr. Osama El Baz, political advisor       do the American people think about the
        The trip was sponsored by the American     to President Hosni Mubarak.                    U.S. government putting Ahmed Chalabi, a
    Council of Young Political Leaders, an             After stopping for lunch at Giza, it was   convicted felon, into power in Iraq?’ Maze
    organization that is funded by the U.S.        on to a tour of the pyramids, inside and       recalls. “We were all taken aback by this
    Department of State, along with private        out, which was led by an archaeologist.        question. Our response was that most of
    donations. It counts John Ashcroft,            Maze describes the Sphinx and the              the American people don’t even know who
    Elizabeth Dole, Hal Rogers, and Ben            pyramids as “unbelievable.”                    Ahmed Chalabi is.”
    Chandler among its alumni. The purpose             The first evening’s activities concluded        According to Maze, the delegation
    of the trip was to foster relations with       with a dinner hosted by James L. Bullock,      was informed by individuals from the U.S.
    Egypt and Jordan, to allow citizens and        public affairs officer for the U.S. Embassy,    embassy in Jordan, as well as the director of
    politicians of these countries to meet         held at his residence and attended by local    the Institute of Diplomacy in Jordan, that
    Americans, and for the delegation to meet      college students, as well as other Embassy     Ahmed Chalabi was tried and convicted
    with Egyptians and Jordanians, so both         officials.                                      of embezzling a large amount of money
    could gain a better understanding of each          “On Monday, we had a briefing with          from the Jordanian government, and was
    other and each other’s cultures for the        the U.S. Embassy in Garden City, Egypt,        sentenced to 22 years in prison. They also
    benefit of future relations.                    conducted by U.S., Ambassador C. David         were told by the director of the Institute
                                                   Welch and other Embassy officials,” Maze        of Diplomacy that Chalabi is wanted for
    Fear of flying                                  recounts. “The topic of this briefing was U.    crimes in two other countries, but that
                                                   S. mission activities and objectives and the   he fled to Iraq where the United States is
        The delegation first met on Thursday,       bilateral relationship. An initial briefing     trying to put him into power.
    September 11, 2003, after flying in to          was conducted at the U.S. Embassy in               This question persisted throughout
    Washington, D.C. that day, according to        Cairo, and another briefing was conducted       their trip, and is what Maze considers “a
    Maze.                                          at the Ambassador’s residence, which was       large source of resentment toward the
         “Aside from the fear of flying to D.C.     beautifully decorated.                         U.S.”
    on September 11, there was the looming             “The Ambassador and his wife were
    fear that some of the delegates had of         both present and both were a pleasure to       If this is Tuesday, it must be Cairo
    traveling to the Middle East the following     meet,” adds Maze.
    day,” she notes.                                   In subsequent meetings with Dr. Alie El       The day was spent at Cairo University.
        After leaving for Frankfurt, Germany,      Din Helal, Minister of Youth, Dr. Hossam       After meeting with Professor Mohamed
    late on the evening of Friday, September       Awad, chairman of the Youth Committee,         Kamal and having lunch with Dr. Ali
    12, the group ultimately arrived in Cairo,     People’s Assembly and other members of         Shams El Din, vice dean of the faculty

6   chase

BETH LEWIS MAZE is a Circuit Judge for the Twenty-First Judicial Circuit, which includes Bath, Menifee,
Montgomery, and Rowan counties in Kentucky. She is a 1981 graduate of Marshall County High School, a 1985 graduate of the
University of Kentucky, and earned her Juris Doctor from Salmon P. Chase College of Law in 1988.

of agriculture, Zagazig University, and         the delegation was fortunate to visit one     also met with Mohammed Halaiqa,
chairman of the National Environmental          which was opening the following Sunday.       Deputy Prime Minister of Development.
Protection Society, they also were given        [They recognize Saturday as the Sabbath,      That evening they attended a dinner hosted
the opportunity to meet with two doctors        and Sunday is the first day of their work      by the U.S. Embassy to which judges from
at the Al-Azhar Medical School and its          week.] The school had just been built for     the area, as well as local college students
president.                                      girls, as most classrooms typically have an   and other intellectuals interested in U.S.
    “I now have a greater appreciation          80-to-one student-teacher ratio with those    policy were invited. Maze says it proved to
of our medical facilities and universities      students being male. There is not enough      be “a wonderful event for discussion.”
in this country,” says Maze. “We are            space for females.                                Maze notes that divorce just became
so fortunate to have the money to have              “We received no ill feelings and I felt   legal in Egypt and Jordan and that the
modern technology in our schools. Despite       very safe, ” Maze explains, adding that she   mother is always awarded custody of
our budget shortfall, we are far ahead in       found the people of Fayoum to be very         children under the age of 13 and also gets
terms of up-to-date technology in our           friendly and very thankful for what the       the house. After the children reach 13,
schools.”                                       United States has done for them.              they are sent to live with their father.
    Later that afternoon the delegation             On September 18, the delegation               Another culturally significant difference
had a meeting with officials of Al Wafd          made its way to Alexandria, Egypt in the      Maze became aware of in talking to college
(opposition) Party, consisting of a question-   company of U.S. Embassy official Hugh          students there was the fact that these
and-answer session.                             Geoghegan. Upon their arrival there,          countries do not have a drug problem.
    Maze says the group had a “grand            they met with General Abdel Salam Abdel       She attributes that to several factors, such
opportunity” that evening when Mohamed          Mahgoub, Governor of Alexandria, who is       as deeply held religious beliefs, fear of
Sid Ahmed, Egyptian intellectual, political     “a very hospitable, warm man,” according      bringing shame upon one’s family, of the
analyst, and a senior columnist spoke to the    to Maze.                                      severity of punishment for such offenses,
delegates in his home on the topic of “Non-         A tour of the library was followed by     and the fact that families stayed largely
Establishment Briefing on the Current           a luncheon hosted by Ahmed Al Kholy,          intact prior to the recent legalization of
Situation in Egypt and the Middle East.”        businessman and Secretary General of          divorce.
    The next day saw the delegation depart      the Young Businessman Association, in             After meetings with officials from the
for Fayoum, Egypt, where they took part         his home.                                     Institute of Diplomacy and later that day
in a round table discussion with many               A horse and buggy ride through the city   with Mahammed Shahin, Director General
local political leaders as well as parliament   rounded out the evening’s activities, and     of the Central Bank of Jordan, it was on to
members and the Governor of Fayoum,             Maze says they “were greeted by crowds        a jazz concert at the residence of the U.S.
Dr. Saad Nassar.                                of people with smiles and waves.”             Ambassador.
    “That meeting began with some tense             Returning to Cairo after shopping a           “It was a festive event with Embassy
questioning,” recalls Maze, “but it was         brief time in the Khan, the group attended    personnel as well as several Marines who are
quickly neutralized when the delegates          a farewell dinner hosted by Deputy Prime      stationed there, and I had the opportunity
indicated we understood the fears and           Minister Youssef Waly and other guests.       to meet a CNN correspondent,” Maze
concerns of the people there and that the                                                     recalls.
United States was not trying to colonize        In the company of royalty                         The following morning a breakfast
Middle Eastern countries.                                                                     meeting was held with the Young Presidents
    “That was followed by a moving                  When the delegation arrived in            Organization, which Maze says was a very
experience when we visited two separate         Amman, Jordan on Saturday, September          informative meeting, “and a meeting that
USAID projects. The first project consisted      20, they met with officials from the U.S.      allowed us to interact and discuss ways
of a treatment facility plant, which is         Embassy for a short briefing and did so        that businessmen from the United States
currently being built with a sign outside       again on Sunday where they were briefed       as well as businessmen from Jordan might
that stated it was being built with money       on the topic of U.S./Jordan relations and     better serve one another in trade.” A
from USAID. Because there is very little        the Middle East Partnership Initiative.       “candid” discussion with two top Jordanian
fresh water, this water treatment facility          Attending a session of the Jordanian      journalists about issues of censorship was
should decrease the rate of illness and         Parliament was the next item on the           also part of the day’s activities.
death, especially in children. USAID is         agenda, followed by a meeting with Taleb          The highlight of the day and perhaps
building several schools in Fayoum, and         Rifai, Minister of Tourism. The delegation    the trip was a scheduled meeting with His

                                                                                                                             spring 2004     7


                                                   for the rebuilding of Iraq. He stated ‘My        last remaining coral reef in the Middle East.
                                                   father used to say we must have peace for        They were taken to the coral reef, which is
                                                   his children and his children’s children.        in the Red Sea, in a glass bottom boat.
                                                   I am his child and the time for peace is              On their final day, they saw the location
                                                   now.’”                                           where Indiana Jones and the Last Crusade
                                                       “Jordan is fortunate to have King            was filmed and what Maze describes as “an
                                                   Abdullah,” says Maze.                            incredible site. We visited Petra, an ancient
                                                       A cultural meeting with Rotoractors          Roman city in the desert of Jordan. The
                                                   [Rotary in the U.S.] was followed by a           buildings are carved out of rock mountains
                                                   “fantastic traditional dinner and our hosts      that exist there. They were very ornate and
    Majesty, King Abdullah of Jordan. As the       performed dances in native costumes from         the Roman architecture was obvious.”
    group meet with officials at the U.S. Embassy   the various regions of Jordan.”                       “On September 11, 2003, we all were
    prior to that and waited for Ambassador                                                         a very diverse group,” Maze notes. “The
    Edward W. Gem, Jr. to drive out of the         From the Holy Land to Dead Sea dying and         Democrats had very different ideas than the
    Embassy, Maze says a bulletproof white         Indiana Jones and the Last Crusade               Republicans. However, after concluding
    Suburban full of security men came out of                                                       this amazing visit, we all experienced the
    the gate fast, followed by the Ambassador’s        A tour of Amman included a visit             graciousness and warmth of the people of
    black Cadillac limousine. The chase car        to a mosque, the Cathedral, Roman                both countries, and had a very different
    sped ahead with the security inside holding    Amphitheater, and downtown area. They            perception of these people than we had had
    out red stop signs to halt traffic as the      visited Mount Nebo, where it is said that        16 days earlier.
    delegates sped through Amman, in order to      Moses saw the Promised Land but could                 “Prior to coming, there was the fear
    be on time for the meeting with His Majesty    not enter, and the Jordan River, where           of traveling to the Middle East and fear of
    King Abdullah.                                 Maze says she “could not resist getting          anti-American sentiment. However, after
        “As the delegation entered the compound    in” at the location where it is said Jesus       having been there, I can say that I did not
    of the King of Jordan, we saw white            was baptized.                                    feel in fear of my safety. I believe that this
    buildings shaded by olive trees, and the           The visited the Dead Sea and Maze            was, at least in part, because the people of
    palace of the late King Hussein,” Maze says.   says they “were both amazed and saddened         both countries are desperate for tourist
    “Then we arrived at Raghadan Palace. It        by the lack of tourists at all of these sites.   dollars. The loss of tourism has had a
    was a beautiful building with marble steps     Unfortunately, the Dead Sea is drying up         devastating effect on their economy. They
    and two Jordanian flags at the entrance.        due to the shortage of water. In Jordan,         were thrilled to have us eating in their
        “He [King Abdullah] was an amazingly       people are capturing the water from              restaurants and buying their handmade
    down to earth compassionate man. There         rainfall before it gets to the Dead Sea to       goods. There was never an indication to
    was nothing pretentious about him. He          replenish it.”                                   us that they disliked Americans. We met
    sat and discussed with us openly issues            “These people are truly suffering from       both the high ranking and the very poor
    of foreign policy, as well as topics of        the loss in tourist dollars,” Maze adds. “This   citizens of these countries and they were
    discussion, which he had just had with         was the Holy Land, a place where I would         wonderful people who have been painted
    President Bush.                                have expected many tourists, but the tourists    with a broad brush after the events of
        “With respect to Israel, he commented      aren’t coming. We saw the same lack of           September 11. They did not appear to
    that Arafat had no leadership skills and       tourism at the Great Pyramids in Egypt.”         hate Americans, and appear to be able
    that peace will not come until both Sharon         On Thursday, September 25, the               to distinguish between the American
    and Arafat are gone,” she recalls. “With       delegates departed for Aquaba, where they        people and what they dislike about the
    respect to Iraq, he commented that while       met with Akel Biltajri, former president         policies of the American government. It
    he supports President Bush, his people         of the Royal Jordanian Airlines. While           is so unfortunate that many people in the
    do not understand President Bush’s long-       enjoying a traditional Jordanian lunch at his    United States have now classified all people
    term purpose, and that he is committed to      home, Maze says they “could look across          from this area of the world as terrorists.
    ending U.S. occupation when the time is        the bay and in one glance see Egypt, Saudi       The terrorists acts of 9/11 have had a
    right. With respect to Iran, he commented      Arabia, and Israel.”                             devastating effect on the citizens of both
    that Jordan might become a go-between if           They then visited a science center where     of these countries.”
    Iran wants to open dialogue with the U.S.      they learned of Jordan’s efforts to save the

                                                                                                    BY TERRI SCHIERBERG

8   chase

                                                                                                  JACOBUS RASSER ’84

    Like many new law school students,          various processes and products for their         our patent attorneys that I seemed to
Jacobus “Koos” Rasser had initial doubts        commercial applications. “But there was a        have a natural understanding of patents
about his ability to earn a J.D. degree.        certain attraction, or inquisitiveness, I felt   and law,” Rasser recalls without a hint of
    “Actually, I was overwhelmed with the       whenever I met with our patent attorneys to      boastfulness. “I’ve simply loved the work.
thought that I might fail miserably,” recalls   discuss a project.”                              And it’s been fun.”
Rasser, chuckling at the nearly 25-year-old         That attraction, he soon realized, was the        In 2000 a patent attorney firm, which was
memory.                                         difference in pace. As a chemist, Rasser could   handling litigation work for P&G, offered the
    His first week was a “total disaster,”       work on a single project for up to two years     Chase grad a high-profile position with the
says Rasser, now a managing partner of          only to see it cancelled. The company’s patent   company. Today, he is the managing partner
an international patent attorney firm. “I        attorneys, on the other hand, were engaged       in the Amsterdam office of Howrey Simon
couldn’t understand a word spoken in class.     in multiple projects, many of which were at      Arnold & White. The company focuses on
I concluded that law school was a mistake       their peak of completion.                        all aspects of intellectual property law, both
and that I should head back home.”                  “From my perspective as a chemist, the       litigation and procurement, competition law,
    The year was 1980 and for Rasser, his       patent attorneys were hot and humming            and international commercial arbitration
wife, Marleen, and their two young boys,        with activity,” recalls Rasser, who goes by      and litigation.
Martijn and Guido, home was Holland.            the first name Koos (pronounced Coast                  “I am forever indebted to Chase. If
Working as a patent agent for Procter           without the “t”). “They were on the              it were not for law school, I wouldn’t be
& Gamble in Cincinnati, he had been             front line, so to speak, making big things       sitting where I’m sitting today,” he says
encouraged by his employers to get his law      happen.”                                         fondly. For Rasser, as a foreigner, Chase
degree.                                             From the time he graduated from              was more than an unending stream of case
    Rasser, in the U.S. on a temporary visa     Chase, Rasser’s career skyrocketed. In           studies and long nights in Nunn Hall. It was
with the goal of returning to Europe to         1986 he was promoted to manager of               his first insight into a new society.
work for P&G after graduation, decided          patents for P&G’s patent organization                 “I was a new immigrant, essentially,
to “stick it out” after talking with his some   for Europe. Four years later he returned         when I started law school,” he says. “I knew
of his Chase classmates.                        to Cincinnati, after being promoted to           very little about American culture beyond
    “To my delight, they didn’t understand      associate general counsel for patents in the                                  .
                                                                                                 the sitcoms I saw on TV My classmates
a word either,” he says with a gentle laugh.    company’s paper products division.               and professors gave me insight into the
“I decided not to give up just yet.”                In 1992 Rasser was promoted to chief         U.S. that has been invaluable to my career
    In May 1984, Rasser graduated from          counsel, the highest ranking attorney in         and, as important, to the enrichment of my
Chase and took the Ohio bar two months          a patent organization. Two years later,          personal life.”
later. Two days later, the family returned to   he was promoted to vice president of the              Just recently, Rasser and his wife have
Brussels, where Rasser began life with a new    division.                                        relocated to Amsterdam with his firm. His
job title at P&G — patent attorney.                 In the latter two roles, he was              two sons, now young adults, live in the
    Unlike most law school students, Rasser     responsible for all of the company’s patent      U.S. All four became U.S. citizens in the
already had a flourishing professional career    work, including major litigation in the          past few years.
before he entered Chase. In 1977, with a        U.S., Canada, Japan and Europe. Rasser                “I have great respect for America,” he
doctorate in chemical engineering, Rasser       was supervisor over more than 90 patent          says. “Yes, we have our problems. But there
was hired by P&G to work in its European        professionals worldwide. While at P&G            is no other country like it in the world when
products lab.                                   he more than tripled the company’s patent        you talk about tolerance for others. You
    “I was quite happy as a chemical            filings over six years.                           welcomed me and helped me to make a great
engineer,” admits Rasser, who tested                “Early on as a chemist I was told by         life for myself and my family.”

                                                                                                 BY JIM PICKERING

                                                                                                                                  spring 2004     9
                                                                                              MARIA LONGI ’93

                                               changing the world
                                               Chase alumna provides
                                               legal expertise in
                                               former soviet union
     Having earned a B.S. in chemical             Chase allowed her to go to law school at   Agency to coordinate their activities and
                                               night and “not go into a lot of debt while    make sure they are consistent with U.S.
     engineering,   MARIA                      doing so,” she explains.                      policy in the region,” she says.
                    LONGI ’93                     While she initially entertained thoughts      “Coordination with other donors—
                                               of working in either environmental or         World Bank, IMF, and bilateral donors—is
     found herself not really enjoying what
                                               patent law, she never anticipated that        also part of the job. I travel to the region
     she was doing. A decision to attend law   she would eventually be working for the       several times each year, sometimes for
                                               State Department as she is today, helping     formal bilateral economic meetings,
     school, and particularly Chase, proved
                                               to coordinate assistance in the former        sometimes to see how projects are
     to be “the ideal option” for her.         Soviet Union.                                 operating, and sometimes to assess our
                                                  She is the Country Affairs Officer         programs.”
                                               for the Caucasus [Armenia, Georgia               Longi credits her experience at Chase
                                               and Azerbaijan] in the Office of the          with providing her the legal education
                                               Coordinator for U. S. Assistance for          she needed to do every job since then,
                                               Europe and Eurasia. She has held her          including working in a law firm, Peace
                                               current position since August 2002.           Corps, ABA/CEELI, and now the State
                                                  Prior to that, she was the Country         Department, and also teaching her how
                                               Director in Armenia for the American          to manage her time well and accomplish a
                                               Bar Association, Central European and         lot of things in a 24-hour day.
                                               Eurasian Law Initiative Project.
                                                  “In that position, I managed a rule of
                                               law portfolio, working with Armenian
                                               lawyers, judges, and law students on
                                               various reform projects such as Moot
                                               Court, CLE, and Legal Aid.
                                                  In her present job, she is the “point
                                               person” in the U.S. Government for all
                                               economic assistance that is provided to
                                               the Caucasus countries. This includes
                                               humanitarian assistance, security and law
                                               enforcement, democracy [including rule
                                               of law, media, civil society], and economic
                                                  “I work with different U.S. Government
                                               agencies such as the U.S. Agency for
                                               International Development, U.S. Treasury,
                                               USDA, and U.S. Trade and Development

                                                                                             BY TERRI SCHIERBERG

10   chase

                                                                                                                       BY ROGER D. BILLINGS, JR.
‘One foot in Europe and the                                                                                            PROFESSOR OF LAW

other in the U.S.,’ Professor
brings international
realities to Chase classroom

   Over the years I have traveled abroad for extended visits to        especially the international affairs Dean, Evegeny Martinenko, and
England, Germany, the Ukraine, and Russia. In 1984 I took a five-       the law school Dean, Anatoly Kapustin. I expect that my contacts
month sabbatical as a guest researcher with a stipend at the Max       with them will lead to both of them visiting the Chase College of
Planck Institute in Munich. The result of that trip was a couple       Law again soon.
of articles in German publications, one in German language. My             Every other year, since 1994, I go to Munich for a week in
wife and daughters, ages 5, 8 and 11 went with me and we had a         June as a member of the Munich-Cincinnati Sister Cities lawyer
fine rented apartment in a suburb, Ramersdorf. While attending          exchange. This has resulted in a lot of new friends and contacts.
a German kindergarten, the youngest became fluent in German             My family has often been busy hosting Germans and Russians when
and didn’t even realize it.                                            they come to Cincinnati.
   In 1990 I took another sabbatical, this time in London, Brussels,       Currently I am visiting the University of Salzburg on a Fulbright.
the Black Forest of Germany (near Strasbourg) and Munich,              I am the Fulbright-University of Salzburg Distinguished Chair in
gathering information for a new book. The result of that sabbatical    International Trade Law (beginning March 2004). While there I
was the treatise “Handling Business Transactions in the European       am anxious to get together with many of the people I have met in
Community” published in 1993 by Clark Boardman.                        Europe over the years, and of course, I hope to come home from
   During the 1990s I made about six trips to Kharkiv, Ukraine         Salzburg after five months with more new friends.
and Moscow. In 1999 on another sabbatical my wife and I went               The overall benefit of all this travel to me, and I hope to my
to Moscow where I taught at the Russian Peoples Friendship             students, is to understand the civil law and European Union law.
University (RPFU) law school and did research for my article,          Laws are differently adopted and administered in their courts than
“Why Business Fails in Russia” (published in International Business    in the U. S., and I share those differences with my students. Chief
Lawyer). While in Moscow I taught international trade law and          among them is the different way courts operate, with judges doing
the U.S. legal system. My wife, Debbie, visited university classes     the questioning and making the record of what they hear. Lawyers
regularly as an English instructor. She said the thing students        keep their mouths shut unless called upon by the judge. Students
wanted to know about most was the latest on the escapades of           sometimes do not realize that the isolation of U.S. lawyers is likely
President Clinton and Monica Lewinsky. I have stayed in touch with     to come to an end as the U.S. business community more and more
the RPFU law school because by now I have a lot of friends there,      needs lawyers with one foot in Europe and the other in the U.S.

Learning the Language of Law
. . . Again

    I chuckled out loud. While reviewing a stack of contracts              It was a strange reaction, I know. After all, due diligence
during due diligence on a securities company, I actually let out       is more likely to cause a young lawyer to cry. But I had just
what could best be described as a giggle of delight. (As a rule, I     experienced an epiphany. Each of the documents in front of me
try to keep my giggles to a minimum, opting instead for guffaws        was written in Chinese and it had suddenly dawned on me that
when the circumstances allow.)                                         I was performing due diligence in Chinese. My laugh stemmed

                                                                                                                                spring 2004     11

     from a great sense of accomplishment. I was also filled with a              I was quite apprehensive that my language abilities would
     great sense of irony. Two years earlier, while I performed my first     not be sufficient for me to study law. Although my Chinese was
     due diligence in the U.S. and my mind struggled to understand the      competent, I knew that the law has a language of its own. I was
     complexities of a particularly lengthy revolving credit agreement      pleasantly surprised, however, to find that learning the language
     (written in English), I said to myself: “I can’t even do this in       of law in Chinese was easier than I expected. Actually, Chinese
     English; I could never imagine doing this in Chinese.” Well,           is an extremely logical language once you have built up a solid
     here I was.                                                            knowledge of Chinese characters. Chinese words are generally
         Although my practice in Taiwan was filled with good memories        made up of two Chinese characters. Because each character has
     like the story above, it actually started out on a more frustrating    its own meaning, you can often understand the meaning of a
     note. Within a few short weeks of moving to Taiwan to work             two-character combination the first time you are exposed to it
     as a foreign attorney, I realized that I could only make limited       as long as you understand the meaning of each of the characters.
     contributions at my law firm, even though my Chinese speaking           For example, when the character for “lose” is combined with the
     and reading abilities were at competent levels. Most of my             character for “sleep,” the result is the Chinese word for insomnia.
     work was drafting English correspondences or reviewing English         When the character for “example” is used with the character for
     language contracts, all under the watchful eye and in accordance       “outside,” you have the word for exception.
     with the careful instructions of a local attorney. After all, I was        Learning the language of law was no different. I found myself
     not familiar with the law of Taiwan, so I was not qualified to opine    immediately understanding Chinese words I had never heard or
     on it. I did not even know where to look or what questions to          seen before simply because I understood the context and was
     ask when the issue was one of Taiwanese law. But I felt a need         familiar with the meanings of the two characters that made up the
     to play a bigger role, to be more independent, and to gain the         word. I immediately recognized the combination of the characters
     respect of my colleagues. I wanted to be more than a foreigner         “invade” and “right” to mean tort. The combination of “proof ”
     working at a law firm. I wanted to be an “attorney.”                    and “person” meant witness. “Violate” and “agreement” meant
         I began to investigate my options for learning Taiwanese law.      breach, and the combination of “law” and “government official”
     I explored the possibility of auditing undergraduate law classes       meant judge. My knowledge of characters and my knowledge
     or enrolling in a graduate level master’s degree program, but this     of legal concepts made it relatively easy for me to understand.
     would have required me to tackle the higher education bureaucracy      But then again, Taiwan has a civil law system, which means there
     in Taiwan – applications, recommendations, competency tests, etc.      are many concepts that are foreign to those of us educated in the
     I then became aware of the various bar review courses in Taiwan.       common law tradition. When I ran across these words, I was
     These courses are offered in what are commonly referred to as          often without a clue. Even an English language translation was
     “cram schools.” In Taiwan, the emphasis on formal qualification         of no use in most circumstances. For example, when I ran across
     examinations has resulted in the development of private cram           the word “land” “top” “right,” I was forced to use a Chinese-
     schools for every subject – English, Japanese, preparation for         English legal dictionary. The English translation: “Superficies.”
     junior high entrance exams, high school entrance exams, college        What was that?
     entrance exams, preparation for civil service exams, preparation           Of course, I soon realized that there was no need to turn to
     for professional license exams, etc. Needless to say, there            an English translation of the unfamiliar civil law concepts. I just
     were several cram schools designed to prepare students for the         learned what the word meant. It is the same approach we all
     extremely difficult Taiwanese bar exam.                                 used in law school when we were introduced to “foreign” terms
         My first day of class at the cram school was an experience.         like “consideration” or “springing executory interest.” All law
     As the only foreigner, I stood out like a sore thumb. I chose          students go through the process of learning the language of law.
     to sit in the back of the classroom, where I thought I would be        I was just going through that process again.
     inconspicuous, but this choice had an unintended side effect.
     When several students arrived late and entered through the back
     door, I was the first person they saw. Apparently the sight of a
     foreigner caused them to assume they had walked into the wrong
     room, and they quickly exited. Each time it happened, the student
     would eventually return to the classroom to find a seat, apparently
     after conferring with the receptionist. I smiled at the thought that
     my presence had such a confusing effect.

12   chase
                                                                                                      AROUND THE LAW SCHOOL

SUCCESSFUL COMPETITIONS                                                                                       BY JASON BURGETT

  During this academic year, the Chase Moot       Moot Court Board member Matt Irby               shifted competitions in order to replace the
Court Board has thus far enjoyed several        competed with Law Review member Debra             team of Gentry Aubrey and Chrissy Dunn.
successes. The W. Jack Grosse competition       Zimmerman at the National Tax Moot                Aubrey was killed in an auto accident in
in September enjoyed widespread support         Court Competition, and advanced to the            January 2004, just as the original brief was
from the greater Cincinnati/northern            semi-final round, being edged by the eventual      nearing completion.
Kentucky legal community. That intramural       champion by only one point.                         The team’s brief finished in sixth place out
competition considered cutting-edge issues in     In addition, their brief placed third overall   of 38 teams including New York University,
the field of biotechnology and agricultural      in the competition. Special thanks to             University of California – Hastings,
nuisance law.                                   Professor Ljubomir Nacev for his guidance         University of Cincinnati and University of
  The team of Poul LeMasters and Laura          and leadership in the competition.                Louisville to name a few. Overall Chase’s
Frieko advanced to the quarter-final round         Chase’s Moot Court Board team of Dori           team was a national quarter-finalist and
at the National Moot Court Competition in       Thompson and Carrie Fischesser, Brian             finished seventh out of 38 teams.
October 2003.                                   Riddell and Chrissy Dunn competed in the            The Wagner Competition is one of the
  The team of Emily Janoski and Laura Ward      Robert F. Wagner Labor and Employment             largest single-location national moot court
advanced to the quarter-final round of the       Law Moot Court competition. This team             competitions in the country and the team’s
Gabrielli Family Law competition at Albany      had a special place in the collective “heart”     performance was excellent.
Law school in February 2004.                    of the Board, as Fischesser and Thompson

International Law Moot Court
team wins award
    Chase College of Law provides its               The Eastern Regional was composed             Jessup for Brief). This was a significant
students with opportunities to explore          of 10 teams, all participating in four            accomplishment given that all of the team
international law beyond the classroom.         preliminary rounds, with four teams going         members were just completing the basic
The school has an active chapter of the         on to the semi-finals. By the luck of the          international law class at the time they
International Law Student Association, and      draw, Chase’s team faced off in three of          were researching and writing the brief, and
sends a Moot Court team to the annual           the four rounds against the University            were in competition with many third-year
Philip C. Jessup International Law Moot         of Virginia, Duke, and Tulane, which              students from schools, such as UVA, Duke,
Court Competition. This is the premier          all advanced to the semi-final round and           and Tulane, with much more extensive
competition for law schools from around         which contained four of the top five oralists      international law programs.
the United States and the world.                in the competition. While Chase’s team did            Chase College of Law remains
    This year the Jessup Team competed in       not advance, it was competitive. Two of the       committed to providing its students
the East Regionals, held February 28-29,        judges from the last round, where Lubes           opportunities to explore the field of
2004, at Vanderbilt’s Law School. The           and Biron were competing against the              international law and looks forward to
team was composed of Maria Biron (2L),          team from Tulane, described the contest           reporting continuing successes in future
Michael Lubes (4L-PT)), Julie Noland            as one of the best, if not the best, Jessup       issues of the magazine.
(2L), Karen Thomas (4L-PT) and Michelle         round they had ever seen.
Cook (2L). The team was assisted by                 The Chase team did receive an award
Professors Lowell Schechter, Adam Todd,         for its fifth place finish in the Best Memorial
and Michael Whiteman.                           competition (Memorial is the term used by

                                                                                                                                  spring 2004     13

              student GALLERY

      1                                                   2                                                    3

     4                                                    5                                                    6

                                                          7                                                    8

      9                                                  10                                                   11


14   chase
                                                                                                   AROUND THE LAW SCHOOL

BLSA mock                                     Trial Program Gets
trial                                         Major Support from
success                                       the Legal Community
    At this year’s 2nd Annual BLSA Thurgood       Sponsored by the law firm of Reminger         of several alumni who participated in the
Marshall Mock Trial Competition,              & Reminger, the National Trial Advocacy          program as students. Tad Thomas ’00 of
February 5-7, 2004, in Florida, Chase’s       Team has made great strides in the past          Louisville, Kentucky, and Rene Heinrich
National Trial Team, Sharif Adbrabbo,         couple of years. This is due in part to          ’00 have created a National Trial Team
Angela Burns, Colleen Kirkpatrick, and        alumnus Richard D. Lawrence ’71 when             Alumni Scholarship
Dana Luther, competed against seven           he surprised Dean St. Amand and Professor            They are strong advocates and have
teams in the regional competition. The        Hughes, faculty advisor to the National          encouraged several trial attorneys to
team ranked as “Best Attorneys” after the     Trial Team, with an early Christmas present      support the program which affords students
preliminary rounds. They advanced, along      at The Lawrence Firm’s Christmas party – a       the opportunity to get an education outside
with the other top team from the region,      $15,000 contribution to the National Trial       the normal classroom setting and begin
to the national competition in March.         Advocacy Team’s Outstanding Litigator            developing legal skills that are not found
This was Chase’s first appearance at this      Scholarship Fund, marking the largest gift       in most core curriculum classes but are
national competition.                         given to the National Trial Team to date.        necessary for success in private practice.
                                              The Lawrence Firm will sponsor two $2500            According to Thomas, who is in private
                                              annual scholarships to the top student           practice in Louisville, the program was
                                              litigators on the National Trial Advocacy        invaluable in teaching him the fundamentals
                                              Team.                                            necessary to become a successful litigator
                                                   Team members, selected through              and in helping him gain confidence in the
                                              an intra-school competition, compete             courtroom. Even after only a few years
                                              in regional and national mock trial              past the bar exam, he said most opposing
                                              competitions throughout the country.             counsel get the impression that he has
                                              These scholarships recognize the time and        been doing this much longer than he has
                                              effort trial team students dedicate toward       which is helpful in achieving positive
                                              becoming successful litigators. Students         results. Thomas said he was able to receive
                                              receive intense one-on-one training from         instant feedback on trial technique from
                                              faculty members and experienced litigators       seasoned trial lawyers who were familiar
                                              as they prepare for trial.                       with what works in the courtroom both
                                                  Having been a part of the National Trial     in the civil and criminal contests. He
                                              Team Program for a few years, Lawrence           and Heinrich were on the first team to
                                              reflected that “education is an important         compete regionally under the leadership
                                              part of our training to become lawyers.          of Professor Kathleen Hughes.
                                              Training gives us the skills to allow us to          In soliciting for the program, Thomas
Bravo                                         be prepared and facilitates professionalism      said, “most attorneys are happy to donate
Chase magazine received                       with the legal community. We all benefit          to those programs that have a proven
an Award of Excellence in                     by having lawyers who are educated and           track record in developing future lawyers.
                                              well-trained. The monies were donated so         This is certainly the case with the Chase
the CASE-KY annual awards
                                              that we would have more attorneys who are        National Trial Advocacy Team. In asking
competition based on the
                                              educated, skilled, and prepared for the legal    for donations we have primarily targeted
design and content of its                     profession as a whole.”                          attorneys who earn their living in the
inaugural issue. Winners were                      Lawrence’s generosity will help the         courtroom because the members of this
announced at the annual                       National Trial Team Program recruit              group most understand the value of the
CASE-KY conference held                       and maintain top student litigators. The         trial advocacy program.”
                                              American Board of Trial Attorneys and the           Other donors include the American
in Lexington in December.
                                              National Trial Team Alumni support two           Board of Trial Attorneys.
CASE-KY is part of the
                                              additional $2500 annual scholarships.
Council for the Advancement                       The Trial Program was able to achieve
and Support of Education.                     its success also due in part to the generosity

                                                                                                                              Spring 2004    15

     faculty publications


     Rick Bales                                                              A Shareholder Model in One Corner of East Asia, 28 DEL. J.
     The Laissez-Faire Arbitration Market and the Need for a                 CORP. L. 75 (2003).
          Uniform Federal Standard Governing Employment and
          Consumer Arbitration, 52 KANSAS L. REV. ___ (forthcoming      Lawrence Rosenthal
          2004).                                                        Requiring Individuals To Use Mitigating Measures in Reasonable
     Employer-Sponsored Arbitration of Statutory Claims in the              Accommodation Cases After the Sutton Trilogy: Putting the
          Nonunionized Employment Context, in ELKOURI & ELK-                Brakes on a Potential Runaway Train, 54 S.C. L. REV. 421
          OURI, HOW ARBITRATION WORKS 25-36 (6th ed. 2003).                 (2002).
     Pro Se Litigants and Summary Judgment, 214 F.R.D. 231              Can’t Stomach the Americans with Disabilities Act? How the
          (2003) (co-authored with Hailey L. Scoville).                     Federal Courts Have Gutted Disability Discrimination
     Why a Written Request for Plan Documents by an Attorney Rep-           Legislation in Cases Involving Individuals with Gastrointes-
          resenting a Plan Participant or Beneficiary Should Trigger a       tinal Disorders and Other ‘Hidden’ Illnesses, ___ CATH. U.
          Plan Administrator’s Duty of Disclosure Under ERISA, 29           L. REV. ___ (forthcoming 2004).
          U.S.C. ◊ 1024(b)(4), __ CAPITAL L. REV. ____ (forthcoming
          2004) (co-authored with Shane S. Crase).                      Mark Stavsky
     The Immunity of Foreign Subsidiaries Under the Foreign             Manufacturers’ Criminal Liability, book chapter in FRUMER &
          Sovereign Immunities Act, __ MINN. J. GLOBAL TRADE ___            FRIEDMAN, PRODUCTS LIABILITY (2004).
          (forthcoming 2004) (co-authored with Melissa Lang).           No Guns or Butter for Thomas Bean: Firearms Disabilities and
     The Inherent Power of the Federal Courts to Compel Participa-          Their Occupational Consequences, __ FORDHAM U. URBAN
          tion in Nonbinding Forms of Alternative Dispute Resolu-           L.J. ___ (2004).
          tion, 42 DUQUESNE L. REV. (2003) (co-authored with Amy
                                                                        Steve Stephens
          M. Pugh).
                                                                        Evidentiary Uses for Environmental Agency Inspection Reports
     Interest Accrual on Attorney Fee Awards, 23 REV. LITIG. 115
                                                                             in Kentucky: The Dangers Posed by KRE 803(8), 19 J.
          (2004) (co-authored with Nick J. Kemphaus).
                                                                             NAT. RES. & ENVTL. L. ___ (2004).
     Roger Billings
                                                                        Michael Whiteman
     Plagiarism in the Academy and Beyond, __ U. S. F. L. REV. ___
                                                                        Supreme Court Editor, Education Law, 32 J. L. & EDUC.
          (forthcoming April 2004).
     Carol Bredemeyer                                                   State-By-State Report on Permanent Public Access to Electronic
     What Do Directors Do?, 96 LAW LIBR. J. ___ (forthcoming                 Government Information, Government Relations Commit-
         Spring 2004).                                                       tee and Washington Affairs Office, American Association of
                                                                             Law Libraries (June 2003) (Kentucky State Author).
     David Elder
     DEFAMATION: A LAWYER’S GUIDE (West 2003).                          Caryl Yzenbaard
     PRIVACY TORTS cumulative supplement (West 2003).                   KENTUCKY INTESTACY, WILLS AND PROBATE (Thompson West
     Small Town Police Forces, Other Governmental Entities and the           2004).
          Misapplication of the First Amendment to the Small Group      RESIDENTIAL REAL ESTATE TRANSACTIONS (Thompson West 2004
          Defamation Theory – A Plea for Fundamental Fairness for            Supp.).
          Mayberry,” 6 U. Pa. J. Const’l L. ___ (forthcoming 2004).     THOMPSON ON REAL PROPERTY (Thomas ed.) 2004 Supplement,
                                                                             chapter 56 Territories & Possessions and chapter 58 Ant-
     Christopher Gulinello                                                   arctica.
     The Revision of Taiwan’s Company Law: The Struggle Towards

16   chase
                                                                                                    AROUND THE LAW SCHOOL

WHERE ARE THEY NOW                                                                ?
Catching up with former faculty
                                                                                               ELTON LASSEIGNE WITH BOB BRATTON

    Elton Lasseigne, who taught at Chase          agency and partnerships, corporations,       consisting of 17 forms. The tax management
in the 1970s and then again in the 1980s,         and some Uniform Commercial Code             series is in the Chase library.
recently wrote that he is busier in his           courses (sales, commercial paper and             Lasseigne reported that retired Chase
retirement than he ever expected to be.           secured transactions). After experiencing    faculty member Bob Bratton and his wife,
    When his wife passed away in 1983             many difficulties, the school moved to        Judy, dropped by for a visit last year. Now
while he was on leave from the business           the Dallas-Ft. Worth area in 1990 and        81, Lasseigne says he is enjoying a quiet
school of the University of Alabama at            ultimately joined Wesleyan University. I     retirement with his family.
Huntsville, he returned to Chase that fall.       refused offers for consulting and opted          “I read extensively but primarily
In 1986, he decided to retire and relocate        for full retirement.”                        outside of the technical material I studied
closer to one of his children. That move              During the intervening years, he         when I was practicing and teaching,” he
took him to McAllen, Texas.                       completed a portfolio on “Oil and            noted. “I have no desire to travel, except
    “A new law school had just been formed        Transactions” for the tax management         for short driving trips, particularly in
in the area by some individuals, and I joined     series of the Bureau of National Affairs     this environment. I enjoyed my tenure at
their faculty,” he related. “I taught a variety   in Washington (No. 110). It contains         Chase.”
of courses – federal income taxation,             a detailed analysis and working papers

Brown v. Board of Education
   Over 80 alumni and friends of Chase            Brown Supreme Court, and of the future       Young and Heath Davis of the Chase
celebrated the 50th anniversary of Brown v.       Justice Thurgood Marshall in the struggle    Library for coordinating publicity and
Board of Education on Saturday, February          for equal rights. Professor Donald Kazee     registration. Chase is indebted to John
28 at a CLE program presented by the              and Dean Sharlene Lassiter discussed         Dunn, a 2003 alumnus, who volunteered
College of Law. Judge Cheryl Grant of the         Thurgood Marshall’s brief and oral           to assist guests during the program, as did
Hamilton County Municipal Court was the           argument in Brown. Professor John Valauri    Chase students Sharif Abdrabbo, James
keynote speaker, recalling her experience         examined the Brown opinion as a model        Brown, Leah Coates, Carter Deupree,
as a student during the first days of public       of constitutional adjudication. Finally,     Kristian Higgs, Joshua Hudson, Colleen
school integration. Justice Donald C.             Professor Annette Burkeen focused on the     Kirkpatrick, and Jason Morgan. Special
Wintersheimer of the Kentucky Supreme             future with her analysis of the continuing   thanks to WKRC Channel 12’s Dennison
Court provided his insights as to the role        viability of Brown as a means of achieving   Keller for sharing Chase’s celebration with
of today’s courts in achieving quality            equality.                                    the tri-state. The College of Law hopes
and equality in public education. Chase             The College of Law thanks the Chase        that this celebration will not be a one-day
alumni Gwendolyn Nalls, Eliot Bastian             Student Bar Association, the Chase Black     event, but will spur continuing reflection
and Nathan Blaske presented profiles in            Law Students Association, the Chase          and action in the year-to-year struggle for
the courage of the Brown plaintiffs, of the       Advancement Office, and Professor Eric        equality.

                                                                                                                                  spring 2004   17

                   BY SUSANNE BOOKSER

      ENSURING DUE PROCESS                                                                   for
      Making Gault Meaningful: Access to Counsel and Quality of Representation in Delinquency Proceedings for
      Indigent Youth
      __ WHITTIER J. CHILD & FAMILY ADVOC. ___ (forthcoming 2004)
          The 1967 Supreme Court decision            including surveys of juvenile defenders,         surveys.
      of In re Gault 1 initiated an avalanche        site visits to jurisdictions, interviews with        The results have been published by six
      of efforts to change the juvenile justice      front line staff, and interviews with clients.   states,4 and two states have issued updates
      system in our country. For example,            The results were published in December           from their original reports.5 These reports,
      Congress enacted the Juvenile Justice          1995 in A Call for Justice: An Assessment        as well as others currently underway,
      and Delinquency Prevention Act of 1974         of Access to Counsel and Quality of              represent one aspect of systemic efforts
      which, among other things, established the     Representation in Delinquency Proceedings        to create state juvenile justice systems
      Office of Juvenile Justice and Delinquency      (A Call for Justice).3                           reflecting the due process mandate of
      Prevention to coordinate national efforts          Several states have since replicated         Gault.
      in juvenile justice. In 1981, the American     the protocol used in A Call for Justice,             The national and state assessment
      Bar Association adopted standards for          conducting intensive assessments of the          results each were published separately.
      juvenile justice systems, which adopted        status of representation of juveniles within     This article is the first academic article to
      a due process model grounded in equity         their own states. The assessment team            examine and analyze both the national
      and fairness rather than the then-popular      typically consists of regional and national      assessment and the various state assessments
      medical model based on treatment.2             experts; including private practitioners,        together. Such a “bird’s-eye” view makes
          In 1993, the American Bar Association      advocates for juveniles, university              it possible to identify trends and problems
      Juvenile Justice Center, in conjunction        professors, and regional defender centers;       that transcend state boundaries and affect
      with the Youth Law Center and Juvenile         although the team composition varies             juvenile defendants, despite the fact that
      Law Center, received funding from the          depending on the needs of the particular         responsibility for juvenile justice is vested
      federal Office of Juvenile Justice and         state. Advance planning lays out the             primarily at the state level. It also permits
      Delinquency Prevention to initiate the Due     parameters of the assessment so that             this article to identify ways that state teams
      Process Advocacy Project. This Project         the results will be representative of the        can use the process to effect systemic
      assessed the current state nationally of the   diversity of situations within the state. The    change in juvenile justice systems.
      representation for youth in delinquency        team then implements a comprehensive
      proceedings. It also evaluated the training,   review consisting of interviews of clients
      support, and other needs of attorneys          and front line staff, observation of court
      representing indigent youth. The Project       proceedings, visits to juvenile facilities,
      employed a broad spectrum of procedures        and compilation of the results of statewide
        In re Gault, 387 U.S. 1 (1967).
        See, e.g., Kim Brooks et al., Beyond In re Gault: The Status of Defense in Kentucky, 5 KENTUCKY CHILDREN’S RIGHTS JOURNAL
      1, 1 (1997).

18   chase
                      BY DAVID BROSS

proving employment
The Use of Pattern and Practice by Individuals in Non-Class Claims
28 NOVA L. REV. ___ (2004)
      This article considers the issue of        to proceed (and indeed will have the           intentional discrimination. Third, in cases
whether an individual plaintiff may shift        legal presumption in her favor) under a        where absolute proof of discrimination
the burden of proof to the employer              pattern-or-practice theory. By allowing        is not available, proof of a pattern-and-
by demonstrating that the employer               an individual plaintiff to shift the burden    practice of discrimination can provide
participated in a pattern-and-practice of        through evidence of a pattern-and-practice,    the plaintiff with a presumption of
discrimination. This issue often arises          several advantages will be afforded to the     discrimination.
when an employment discrimination                plaintiff.                                           The circuits are split on the issue of
plaintiff, litigating an individual case of            First, the plaintiff can avoid the       whether individuals can bring pattern-and-
disparate treatment, uncovers statistical        rigid and sometimes unfair McDonnell           practice cases.2 The article agrees with
evidence that the employer had a pattern-        Douglas 1 approach: the pattern-and-           the minority of circuits that have held
and-practice of intentional discrimination.      practice approach allows the plaintiff-        that individuals can bring pattern-and-
Unfortunately for the individual plaintiff,      employee, who has evidence that the            practice cases. Where the plaintiff already
the majority of circuits hold that statistical   employer discriminated but no evidence         has proven a broad pattern of intentional
evidence of a pattern-and-practice of            that the employer discriminated against        discrimination, the burden of persuasion
discrimination can only be used to shift the     that particular plaintiff-employee, to         should be on the employer to show that
burden in class actions. The practical effect    shift the burden of proof; whereas under       that pattern did not adversely affect the
of the majority rule is that an individual       the McDonnell Douglas approach, the            plaintiff. By allowing the plaintiff to
plaintiff with strong statistical evidence       plaintiff ’s claim would be dismissed.         shift the burden through evidence of a
of a pattern of discrimination, but weak         Second, the two-phase pattern-and-practice     pattern-and-practice of discrimination, the
circumstantial evidence of individual            trial shifts the burden of persuasion to the   employer will be forced to prove it did not
discrimination, will find her case dismissed      employer, which is entirely appropriate        discriminate.
if she is forced to proceed under a disparate    since the plaintiff already has proven
treatment theory, but will be permitted          that the employer engaged in systematic

  McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973).
  Compare, e.g., Lowery v. Circuit City Stores, Inc., 158 F.3d 742 (4th Cir. 1998) (holding that pattern-and-practice cannot be used
to shift the burden of proof in individual claims) with Cox v. Am. Cast Iron Pipe Co., 784 F.2d 1546 (11th Cir. 1986) (holding that
pattern-and-practice can be used to prove a prima facie case and to shift the burden to the defendant in non-class suits).

                                                                                                                             spring 2004       19

                     BY SHANE S. CRASE
                  AND RICHARD A. BALES

     requesting erisa documents
     Why a Written Request for Plan Documents by an Attorney Representing a Plan Participant or
     Beneficiary Should Trigger a Plan Administrator’s Duty of Disclosure Under ERISA, 29 U.S.C. ◊
     __ CAPITAL L. REV. ____ (forthcoming 2004)
        Congress enacted the Employee Re-             on plan administrators upon receipt of an      made on behalf of a plan participant or
     tirement Income Security Act1 (ERISA)            attorney’s written request made on behalf      beneficiary, should trigger a plan admin-
     to provide a comprehensive regulatory            of participant or beneficiary, reasoning that   istrator’s disclosure duty under 29 U.S.C.
     scheme for private pension plans. Among          an attorney’s presumed authority to act        ◊ 1024(b)(4). This approach is consistent
     the chief concerns was a need to ensure full     on behalf of a client makes the attorney’s     with (though not necessarily compelled
     access to relevant plan information for plan     request legally indistinguishable from a       by) the statutory language of ERISA and
     participants and beneficiaries, as a means        request of the client him- or her-self. The    the DOL’s Advisory Letter, neither of
     of assuring adequate private enforcement         Sixth Circuit, however, has held that an       which conclusively resolve the issue. This
     of the statute’s requirements. ERISA sec-        attorney’s request does not trigger the        approach is consistent with Congressional
     tion 1024(b)(4) imposes a duty to disclose       disclosure duty.4 The Sixth Circuit re-        intent insofar as it furthers Congress’s
     plan information “upon written request of        lies on a Department of Labor Advisory         stated goal in ERISA of promoting private
     any plan participant or beneficiary.” The         Opinion Letter5 which, contrary to the         enforcement through broad disclosure.
     statute is silent, however, as to whether this   Sixth Circuit’s finding, neither addresses      Finally, this approach is consistent with
     disclosure duty is triggered by an attorney’s    nor resolves the issue of whether attorneys    the presumption, long endorsed by the Su-
     request on behalf of a client.                   may trigger a duty of disclosure on behalf     preme Court, that an attorney is authorized
        The federal circuit courts are split on       of their clients.                              to act on behalf of her or his client.
     the issue. Two circuits (the Third2 and             This article concludes that an attorney’s
     the Tenth3) impose a duty of disclosure          written request for plan documents,

       29 U.S.C. ◊◊ 1001-1461 (2003).
       Daniels v. Thomas & Betts Corp., 29 F.3d 66, 77 (3d Cir. 2001) (holding that a representation by an attorney that he is making a
     request on behalf of a plan participant or beneficiary triggers a duty to disclose under ◊ 1024(b)(4)).
       Moothart v. Bell, 21 F.3d 1499, 1503 (10th Cir. 1994) (holding that an attorney is entitled to request plan documents on behalf of
     his client, so long as the request is clear and puts the plan administrator on notice of the information sought).
       Bartling v. Fruehauf Corp., 29 F.3d 1062, 1072 (6th Cir. 1994) (holding that a plan administrator was not obliged to disclose docu-
     ments to an attorney representing a plan participant without written authorization from the plan participant or beneficiary).
       Department of Labor Advisory Opinion Letter 82-012A.

20   chase
                BY MELISSA LANG &
                    RICHARD BALES

immunizing subsidiaries                                                                      of
foreign states
The Immunity of Foreign Subsidiaries Under the Foreign Sovereign Immunities Act
__ MINN. J. GLOBAL TRADE ___ (forthcoming 2004)
  The Foreign Sovereign Immunities Act         Southern District of New York.3 This test    tiered company.
(FSIA) immunizes from civil suit in United     multiplies together the ownership interest     This article argues that Congress should
States courts a “foreign state” or “an agen-   of the foreign state in each level of the    legislatively overrule Patrickson and adopt
cy or instrumentality of a foreign state.”1    tiered subsidiary, and grants immunity if    the beneficial interest test. The beneficial
Until April 2003, the federal circuits were    the foreign state’s interest exceeds 50%.    interest test is more consistent than the
split on the issue of whether this immunity    For example, if Peru owned 51% of            Patrickson approach with the statutory
extends to the lower tiers of a multi-tiered   Company A, which in turn owned 51%           language and legislative history of the
subsidiary which is majority-owned by a        of Company B, Peru’s beneficial interest      FSIA. The beneficial interest test promotes
foreign state or its political subdivision     in Company B would be 0.51 x 0.51, or        United States foreign policy by ensuring
(the Seventh Circuit approach), or whether     26.01%, and the court would deny immu-       that immunity is extended to – but only
this immunity should be limited to first-tier   nity. However, if Bolivia owned 75% of       to – a company in which a foreign nation
subsidiaries (the Ninth Circuit approach).     Company C, which in turn owned 80% of        owns a majority interest in the company.
In April 2003, the Supreme Court, in Pat-      Company D, Bolivia’s beneficial interest in   Finally, the test provides a bright-line,
rickson v. Dole Foods, adopted the Ninth       Company D would be 0.75 x .080, or 60%,      quantifiable rule which courts can use to
Circuit approach.2                             and the court would grant immunity. The      determine whether a foreign company
  In doing so, however, the Court did not      Patrickson decision, however, would not      should be granted immunity from suit in
consider a third approach, the “beneficial      extend immunity to company D, because        United States courts.
interest” test, which earlier had been         Patrickson does not permit immunity to be
proposed in dicta by Judge Kaplan of the       extended beyond the first tier in a multi-

  28 U.S.C.A. ◊1441(d) (1994).
  Nos. 01-593, 01-594, 2003 WL 1906158 (2003).
  Musopole v. South African Airways (Pty.) Ltd., No. 01-CIV 3384 LAK, 2001 WL 1329196 (S.D.N.Y. 2001).

                                                                                                                           spring 2004    21

                BY NIKOLAS D. JOHNSON

     allocating fees                                                in    employment
     Enforceability of Fee Allocation Clauses in Employment-Related Disputes
     Rutgers Conflict Resolution Law Journal (Fall 2003)
     available at
          Employers are turning with increasing       ability to pay the fee. The second is an        decisions. The analysis reveals that despite
     frequency to arbitration as a method             analysis determining per se invalidity. The     the fact that the majority of Federal Courts
     of containing costs associated with              third is an analysis to determine that the      use the case-by-case method, they have
     employment disputes. Although one of             employer should pay all the fees related        failed to address hidden litigation costs
     the many benefits to arbitration is that it       to arbitration. The fourth is an analysis       associated with this method.
     is less expensive than litigation, arbitration   to determine whether the arbitration                The article proposes that both
     is far from free. Many employers, in             agreement provides for fee-splitting            employers and employees contribute some
     an effort to shift part of the costs of          between the parties.1                           level of financial support for arbitration of
     arbitration to employees (and perhaps                This article focuses on two of the          employment disputes. The employer costs
     to discourage employees from pursuing            primary methods used by the courts in           of arbitration should be shared among
     marginal claims), have drafted arbitration       determining clause enforceability: the          employers through employer contributions
     agreements that expressly require each           case-by-case method in which courts look        to a national arbitration fund. In addition,
     party to bear a designated percentage of         to several factors including an employee’s      the article proposes means-testing for
     arbitration costs.                               ability to pay arbitration costs to determine   employees, making employee contributions
          Federal courts have taken four different    clause enforceability, and the per se method
     approaches to the issue of whether such          in which courts draw a bright-line test for
     a fee allocation clause in an employment         determining clause enforceability. The
     arbitration agreement renders the                article next reviews the primary methods
     agreement unenforceable. The first is a           used by the courts in determining clause
     case-by-case assessment of the employee’s        enforceability with an analysis of the court

     for arbitration costs dependent on an income-based sliding scale.
       Melissa G. Lamm, Who Pays Arbitration Fees?: The Unanswered Question in Circuit City Stores, Inc. v. Adams, 24 CAMPBELL L.
     REV. 93, 104 (2001).

22   chase
                   BY AMY M. PUGH
                AND RICHARD BALES

compelling mediation
The Inherent Power of the Federal Courts to Compel Participation in Nonbinding Forms of
Alternative Dispute Resolution
42 DUQUESNE L. REV. 1 (2003)
   Courts frequently order parties in            for ordering the parties to mediation is the     mediation is part of the courts’ inherent
litigation to participate in nonbinding          inherent authority of the court.                 power to control their dockets. Another
forms of ADR, such as mediation. Usually,          The Supreme Court has, on several              group of courts, including the Sixth Circuit,
the parties assent to the mediation order        occasions, held that federal courts have         however, has held that courts do not have
voluntarily, if for no other reason than to      certain inherent powers not specifically          the power to compel mediation.4 They
avoid displeasing the judge. Sometimes,          granted by the Constitution or by statute.1      construe inherent powers narrowly, and
however, one or more parties object to the       [The Kentucky Court of Appeals has held          reason that courts lack the power to refer
mediation order or refuse to participate in      that Kentucky courts have similar powers.2]      to ADR cases that courts constitutionally
mediation. This raises the issue of whether      These inherent powers traditionally              are required to adjudicate.
the judge had the authority to enter (and        have encompassed the courts’ power to               This article argues that federal courts have
now has the authority to enforce) the            manage their dockets by, for example,            the inherent power to order nonconsenting
mediation order.                                 consolidating cases, sanctioning parties or      parties to mediation. This conclusion
   There are several potential sources of        counsel for failing to follow court orders,      is supported by the Supreme Court’s
authority for entering mediation orders.         and the like. It is unclear, however,            precedent broadly construing inherent
Federal Rule of Civil Procedure 16(c)(9),        whether these inherent powers permit             powers generally. It also is supported by
for example, authorizes such orders, but         courts to order parties in a given case to       policy rationales favoring settlement, ADR,
only “when authorized by statute or local        participate in nonbinding forms of ADR,          and judicial docket control.
rule.” Similarly, the Civil Justice Reform       such as mediation, when one or more of
Act and the Alternative Dispute Resolution       the parties refuses to do so and there is no
Act of 1998 permit federal courts to enact       local rule or state statute on point.
local rules or follow state statutes regarding     The federal circuits are split on the issue.
mediation and other forms of ADR,                One group of courts has held that courts
but not all jurisdictions have such local        have the inherent power to order parties to
rules or state statutes in place. In these       mediation.3 These courts reason that the
jurisdictions, the only available authority      power to compel nonconsenting parties to

  See, e.g., Chambers v. NASCO, Inc., 501 U.S. 32, 43 (1991) (holding that federal courts have the inherent authority to assess
attorney fees as a sanction for bad-faith conduct).
  Lake Village Water Ass’n v. Sorrell, 815 S.W 418 (Ky. App. 1981) (Courts of the Commonwealth may invoke inherent power
to impose attorney fees and related expenses on party as sanction for bad-faith conduct, regardless of existence of statutory
authority or remedial rules.)
  See, e.g., In Re Atlantic Pipe Corp., 304 F.3d 135, 145 (1st Cir. 2002).
  See, e.g., In Re NLO, Inc., 5 F.3d 154, 158 (6th Cir. 1993).

                                                                                                                                   spring 2004      23

                                                   chase SERVICE HONOR ROLL
                                                   2003-2004                      Steve C. Schatteman ’82                       BLSA National
                                                                                  David A. Schwarte ’79
                                                   chase alumni                   Beverly R. Storm ’80                          trial and
                                                   association                    David C. Stratton ’78                         moot court
                                                   board of                       LaJuana S. Wilcher ’80                        Teams
                                                                                  John F. Winkler ’89                           Barbara Barber
                                                   governors                                                                    Kathleen Brinkman
                                                   J. Paul Allen ’92, President
                                             1                                    Chase College                                 Wende Morris Cross
                                                   James Frooman ’90, President
                                                                                                                                Joy Gazaway
                                                      Elect                       Foundation                                    The Honorable Catherine M.
                                                   Massimino M. Ionna ’99,
                                                                                  Board                                           Kelley
                                                                                                                                Cynthia Lowe-Durkin
                                                   Bernard L. McKay ’94,          2003-2004                                     Kenneth L. Parker
                                                      Treasurer                   David C. Short, President and
                                                                                                                                Darrell Payne
                                                   Eliot Bastian ’99                  Treasurer
                                                                                                                                John M. Williams
                                                   Laurie B. Dowell ’88           Jerry R. Jung ’62, Secretary
                                                   Brian Ellerman ’01             Robert L. Bucciere ’66
                                                   Paige Ellerman ’99             William M. Cussen ’69                         National Trial
                                                   Bill Engel ’98                   .
                                                                                  W Roger Fry ’66                               Advocacy Team
                                                   Nicholas W Ferrigno ’95
                                                               .                  Paul Jones ’79                                Mark Arnzen
                                                   Kelly Farrish ’78              Raymond E. Lape ’68                           Rodney Ballard
                                                   Ralph Ginocchio ’77            Norbert Nadel ’65                             The Honorable Gregory Bartlett
                                             2     Rene Heinrich ’00              Elmer Reis ’51                                Bernice Bishop
                                                   Paul E. Jones ’79              Steve C. Schatteman ’82                       Donna Bloemer
                                                   Benita Land ’01                                                              Boone County High School
                                                   Edward J. McTigue ’78          Enrollment                                    Tony Bracke
                                                   Norton Roberts ’92                                                           Roger Braden
                                                   Stephen J. Schuh ’78
                                                                                  Management                                    Joan Brady
                                                                                  (Career Development, Registrar, Admissions)
                                                   Adam Seibel ’99                                                              The Honorable David Bunning
                                                                                  Peggy DeJaco
                                                   Darran Winslow ’01                                                           Amy Burke
                                                                                  Paige Ellerman
                                                   Melanie Walls ’97                                                            Steve Burke
                                                                                  Kelly Farrish
                                                                                                                                Covington Latin School
                                                                                  Rita Ferguson
                                                   Chase College                  James Frooman
                                                                                                                                Rob Craig
                                                                                                                                Wende Morris Cross
                                                   of Law, Board                  Thomas Frooman
                                                                                                                                Mary Ann Deak
                                                   of Visitors                    Gary Goldman
                                                                                                                                Paul Dickman
                                                                                  Bruce Hillman
                                             3     2003-2004                      The Honorable Charles J.
                                                                                                                                Gary Edmondson
                                                   Mark G. Arnzen                                                               Anthony Frolich
                                                                                     Kubicki, Jr.
         1 2003-2004 CHASE ALUMNI ASSOCIATION      Alyson Barclay ’85                                                           The Honorable Douglas Grothaus
           BOARD OF GOVERNORS                                                     M. Denise Kuprionis
                                                   Stanley M. Chesley                                                           Mark Guilfoyle
                                                                                  The Honorable Thomas
         2 BOARD OF VISITORS MEETING               Wende Morris Cross ’92                                                       Julie Hackworth
                                                                                     Raymond Lipps
                                                   William M. Cussen ’69                                                        Sheryl Heeter
         3 LAJUANA WILCHER ’80 AND DAVID                                          Rich Nielson
          HAUSRATH WITH DEAN ST. AMAND             Daivd L. Hausrath                                                            Rene Heinrich
                                                                                  The Honorable Charles Pater
                                                   Michael W Hawkins
                                                               .                                                                Robert Hojnoski
                                                                                  Darrell Payne
                                                   Sylvia Sieve Hendon ’75                                                      Holmes Baccalaureate Program
                                                                                  Norton Roberts
                                                   Patricia Herbold ’77                                                         Holmes High School
Many thanks to all of the volunteers represented                                  Jeff Rosenstiel
                                                   Suzanne P Land
                                                             .                                                                  Derek Humfleet
                                                                                  Tina Topazio
on the service honor roll. Their time and talent   Richard D. Lawrence ’71                                                      Michelle Keller
                                                                                  Katherine Weber
                                                   Denise McClelland ’83                                                        Emily Kirtley
given so willingly continues to help make Chase
                                                   Michael C. Murray ’89                                                        Jennifer Lawrence
a truly outstanding law school.                    Patrick A. Nepute              Tax Moot                                      Richard Lawrence
                                                   Janet L. Oliver ’91            Court Team                                    Robert Lewis
                                                   Peter Perlman                  Matt Fritz                                    Robin McCraw
                                                   H. M. Riley ’86                Don Mottley                                   Bernie McKay
                                                   H. Wayne Roberts ’91           Sylvius von Saucken                           Ed Monohan
                                                   Robert E. Sanders                                                            Frank Mungo

24      chase
                                                                                                                         ALUMNI NEWS

                                      Dan Newman                           Cathy Howard                    Carol Furnish
                                      Nick Nighswander                     Patricia Johnson                Matthew Garretson
                                      Ron Parry                            Jeniece Jones                   Billie Gray
                                      Jack Porter                          John Lucas                      The Honorable Daniel Guidugli
                                      Reminger & Reminger                  Colleen Kirkpatrick             Donald Mallory
                                      Pam Roller                           Bill Knapp                      Theresa Mohan
                                      Fanon Rucker                         Dan Kruse                       Wende Morris Cross
                                      The Honorable Ann Ruttle             Meredith Ludwig                 Debra Rothstein
                                      Rob Sanders                          Bernie McKay                    Kimberly A. Schmaltz
                                      The Honorable William                John McNally                    The Honorable Karen Thomas
                                         Schmaedecke                       Terri Mohan                     Bernadine Topazio
                                      Cindy Shirooni                       Jason Morgan                    Jay Vaughn
                                      Hugh Skees                           Brad Muller                     Mary Lynn Wagner
                                  4   Linda Smith                          Steve Nesbitt                   Bernice Walker
                                      Steve Smith                          Jeffrey Nielson                 Stephen Wirthlin
                                      Richard Smith-Monohan                Sharon Parsley                  Eric Young
                                      Beverly Storm                        Brenna Penrose
                                      The Honorable Patricia Summe         Nancy Perry                     Academic
                                      Howard Tankersley                    Ben Rettig
                                      Joe Taylor                           Jeremy Rettig
                                                                                                           The Honorable Greg Bartlett
                                      Tad Thomas                           Norton Roberts
                                                                                                           Jeff Blankenship
                                      Pierre Tismo                         Dean Gerry St. Amand
                                                                                                           Suzanne Cassidy
                                      The Honorable Frank Trusty           Steve Schuh
                                                                                                           Bruce Davis
                                      Rachel Vardiman                      Tim Spille
                                                                                                           Lauire Dowell
                                      Debbie Vaughn                        Professor Henry Stephens
                                                                                                           Pat Ducharme
                                      Jay Vaughn                           Gabrielle Summe
                                                                                                           John C. Fischer
                                      Chris Vissman                        Stephanie White
                                  5                                                                        Ron Hayes
                                      Beth Zahneis                         Professor Mike Whiteman
                                                                                                           Grant Helman
                                      Will Zevely                          Beth Zahneis
                                                                                                           Mark Howard
                                                                                                           James R. Kruer
                                      Phonathon                            Clinical                        Joe Lane
                                      Volunteers                           Program                         Steven C. Martin
                                      This year’s Chase alumni             Rodney Ballard                  Thomas R. Nienaber
                                      phonathon raised nearly $95,000      Greg Davis, M.D.                Cortney Romans
                                      in eight nights of calling. Those    Jon Draud                       The Honorable Wilfrid A.
                                      dollars could not have been raised   Family Nurturing Center            Schroder
                                      had it not been for the time given   The Honorable Mickey Foellger   David B. Sloan
                                      to Chase by these volunteers.        The Honorable Stephen Jaeger            .
                                                                                                           John W Stevenson
                                                                           Joe Meyer                       The Honorable Patricia Summe
                                      Margie Ackerman                      Mark Modlin                     Arnold Taylor
                                      J. Paul Allen                        Rob Sanders                     Kelly Wiley
                                      Eliot Bastian                        Women’s Crisis Center
  DICK LAWRENCE ’71 AT BOARD OF       J. David Bender
  VISITORS MEETING                    Professor Roger Billings             Guest Speakers
5 PAUL ALLEN ’92 BOG PRESIDENT AT     Angela Burns                         Jeff Rosenstiel
  ALUMNI PHONATHON                    Aaron Currin                         Barbara Silbersack
6 PHONATHON VOLUNTEERS JIM            Brian Ellerman                       Mary Lynn Wagner
  FROOMAN ’92, PRESIDENT ELECT,       Paige Ellerman
                                      Bill Engel
                                      Kelly Farrish
                                      Benita Fields-Land                   Faculty
                                      James Frooman                        Carol Bredemeyer
                                      Ralph Ginocchio                      Bryant Brewer
                                      Henrietta Goolsby                    Kim Brooks
                                      Margo Grubbs                         Laurie Dowell
                                      Rene Heinrich

                                                                                                                              spring 2004   25

        Chase alumni
     Cincinnati Magazine published this year’s list of the Ohio Super Lawyers 2004 in its January edition. The selection was determined
     by point totals received for each lawyer based on votes from over 33,000 ballots sent to attorneys across Ohio in April of 2003.
     Chase alumni were named in the Super Lawyers List, Top 100 Ohio Super Lawyers, Top 50 Female Super Lawyers, and the Top 50
     Cincinnati Super Lawyers. Congratulations to our alumni who, along with other Chase alumni, carry on the excellence of Chase
     in the legal field.

     Super Lawyers                                                     Felix C. Wade ’77, Schottenstein Zox & Dunn
     Dennis J. Adkins ’86, Altick & Corwin                             Leonard A. Weakley, Jr. ’77, Rendigs Fry Kiely & Dennis
     Perry L. Ancona ’72, Perry L. Ancona, Co.                         Katharine C. Weber ’89, Cors & Bassett
     Peggy Murphy Barker ’93, Kohnen & Patton                          Douglas S. Weigle ’76, Bartlett & Weigle
     Joseph R. Dreitler ’79, Joseph R. Dreitler Co., LPA               Beatrice E. Wolper ’78, Chester, Willcox & Saxbe
     Harvey Dunn ’66, Schottenstein Zox & Dunn
     Ellen Essig ’86, Katz, Greenberger & Norton                       Top 100 Ohio Super Lawyers
     William Roger Fry ’66, Rendigs Fry Kiely & Dennis                       .
                                                                       John W Eilers ’67, Wood & Lamping
     Ann W Gerwin ’79, Strauss & Troy
     Edward R. Goldman ’73, Rendigs Fry Kiely & Dennis                 Top 50 Female Super Lawyers
     Gloria S. Haffer ’77, Buchner, Haffer & O’Connell                 Phyllis Gay Bossin ’77, Phyllis G. Bossin Co.
     Mary J. Healy ’78, Dinsmore & Shohl LLP                           Gloria Schottenstein Haffer ’77,
     William H. Kaufman ’71, Kaufman & Florence                          Buechner Haffer O’Connell et al.
     Harold G. Korbee ’65, Wood & Lamping
     Bea V Larsen ’69, Center for Resolution Disputes                  Top 50 Cincinnati Super Lawyers
     Robert F. Laufman ’61, Laufman & Gerhardstein                     Phyllis G. Bossin ’77, Phyllis G. Bossin Co.
     Michael F. Lyon ’75, Lindhorst & Dreidame                                 .
                                                                       John W Eilers ’67, Wood & Lamping
     Henry E. Menninger, Jr. ’77, Wood & Lamping                       Joseph William Shea, III ’74, Shea & Associates
     David Wade Peck ’70, Bennie & Katz
     David Winchester Peck ’66, Rendigs Fry Kiely & Dennis
     Howard L. Richshafer ’75, Statman, Harris, Stiegle & Eyrich
     James H. Sheper ’68, Shea & Associates
     David E. Schmit ’75, Frost Brown Todd
     Joseph W Shea, III ’74, Shea & Associates
     Dee C. Sheriff ’84, Freund, Freeze & Arnold
     Alton L. Stephens ’75, Gallagher, Sharp, Fulton & Norman
     Joseph P Thomas ’49, Ulmer & Berne LLP

26   chase
                                                                                                                                     ALUMNI NEWS

                    alumni gatherings

                                             1                                                   2                                                   3

                                             4                                                                                                       5

                                             6                                                   7                                                   8


                                                                                                                                          spring 2004
                                                                                                                                           spring 2004      2727

                                                                         class notes
                                                                         Pictured left to right

                                                                         JOHN E. BROWN, ESQ
                                                                         J. DAVID BRITTINGHAM
                                                                         TODD V. MCMURTRY
                                                                         AMY HALE MILLIKEN
                                                                         LISA M. WENZEL

     1961                              of the Society of Financial       1981                             judges, and representatives of
     Robert F. Laufman ’61 recently    Service Professionals,            John E. Brown ’81 was            the Department of Justice.
     received the 2003 Courageous      headquartered in Bryn Mawr,       recently appointed to serve
     Advocate Award presented          PA.                               as legal counsel for the Gulf    1983
     by the Potter Stewart Inn of                                        Coast Builder’s Exchange.        Timothy M. Madden ’83 is the
     Court at its banquet on May       1977                              This trade group serves the      general manager of the Gulf
     20.                               Phyllis G. Bossin ’77 was         commercial contractors on the    Agency Business of Progressive
                                       elected chair of the family law   west coast of Florida. He also   Insurance Company in Tampa,
                                       section of the American Bar       was re-elected to the board of   FL.
     1968                              Association. She will preside
     Martin S. Pinales ’68                                               the Greater Sarasota Chamber
     was recently installed as
                                       over the 10,000-member            of Commerce, the 2003 Florida    1985
                                       section for the next year.        Chamber of the Year.             Deborah Crooks ’85 has been
     second vice president of
     the National Association of                                                                          elected as District Judge
     Criminal Defense Lawyers.         1978                              Alan C. Stout ‘81 of Marion,     for the 52nd Judicial District
     A local defense attorney, his     James J. Carroll ’78 was          KY, has completed his term       located in Graves County, KY
     practice is devoted to state      appointed by Cincinnati Mayor,    as president of the National     where she resides with her
     and federal criminal defense      Charlie Luken, to the Lunken      Association of Bankruptcy        husband Kenneth, and their
     at the Cincinnati law firm         Airport Oversight Advisory        Trustees (NABT). He              two children, Allison, 15, and
     Sirkin, Pinales, Mezibov &        Board. He practices with Cors     currently serves as immediate    Madison, 12.
     Schwartz LLP. He is also          & Bassett, LLC in the areas of    past president of NABT. Last
     co-founder of the Greater         real estate, general business,    November, he participated        1987
     Cincinnati Criminal Defense       and government affairs.           in a forum with the National     Todd V. McMurtry ’87 joined
     Association, practitioner-                                          Leadership of the French         the firm Deters, Benzinger
     adviser to the U.S. Sentencing    Mary J. Healy ’78 was             Judicial Administrators and      & LaVelle as a partner in
     Commission, member of the         certified by the Ohio State        Trustees, Conseil national       December 2003. He previously
     National Criminal Defense         Bar Association as a specialist   des administrateurs de           practiced with Kohnen &
     College faculty, and an adjunct   in estate planning, trust and     justice et a mandataires de      Patton. He practices in the
     instructor at Chase where         probate law. She is a partner     justice (CNAJMJ), along          areas of business dispute
     he teaches advanced trial         in the firm Dismore & Shohl        with representatives of the      litigation, land use, real estate
     advocacy.                         LLP.                              French Ministry of Justice.      and construction.
                                                                         Stout’s presentation, entitled
     Andrew Singer ’68 of the          1980                              “The American Bankruptcy
                                       LaJuana Wilcher ’80 was           System from a Chapter 7          1991
     Middletown law firm Pratt,                                                                            Linda A. Ash ’91 was recently
     & Singer Co. L. P. A., was        appointed head of Kentucky’s      Trustee’s Perspective,” was
                                                                         made at the French Embassy       named partner with the firm
     recently appointed to the Ohio    Cabinet for Natural Resources                                      Dinsmore & Shohl, LLP in
     Supreme Court Commission on       and Environmental Protection      in Washington, D.C. The
                                                                         presentation was part of         Cincinnati. She practices in
     Certification of Attorneys as      by Governor Ernie Fletcher.                                        the areas of immigration and
     Specialists.                      She is an environmental lawyer    a round table discussion,
                                                                         covering a comparative           litigation.
                                       in Bowling Green and has held
                                       various positions for the U.S.    analysis of the bankruptcy
     1975                                                                laws of the United States and    1993
     April K. Caudill ’75,             Environmental Protection
                                       Agency.                           France. Other U.S. presenters    Kelly E. Brown ’96 and her
     managing editor of Tax Facts                                                                         husband, Walter Hawkins,
                                                                         included members of the
     at the National Underwriter                                                                          welcomed their son Henry
                                                                         Bankruptcy Bar, Turnaround
     Company, was elected to the                                                                          Brown Hawkins, on August 10,
                                                                         Management Specialists,
     national board of directors                                                                          2003

28   chase
J. David Brittingham ’93 was     Worker’s Compensation, and        County Circuit Judge. She is        Channel 64, where he hosts
named partner in the firm         employment litigation.            the first woman to serve on          “Cinema 64” on Saturday
Dinsmore & Shohl LLP in                                            this court.                         afternoons. He also emcees
January 2004. He practices       Tom Frooman ’94 was a                                                 the Jerry Lewis Muscular
in general litigation and        recipient of the 2003 “Forty      Sean L. Rhiney ’95 has              Dystrophy Association Labor
dispute resolution, mass tort,   Under 40” Award of the            joined University of Cincinnati     Day Telethon for Channel 64.
and complex litigation at the    Cincinnati Business Courier. He   College of Law’s Center for
state and federal levels. He     is General Counsel for Cintas     Professional Development as         2003
also represents clients in       Corp.                             a public service coordinator        Laurie A. Lamb ’03 has joined
commercial disputes.                                               and counselor. He will work         the firm Beckman, Weil,
                                 Joan Deaton Grefer ’94            with students and alumni            Shepardson & Faller as an
John E. Christopher, Jr. ’93     and her husband Jonathan,         pursuing opportunities in the       associate. She was an editor
was recently named partner       welcomed their daughter,          public sector as well as judicial   for the Northern Kentucky Law
with the firm Dinsmore &          Meredith Layne Grefer, into       clerkships and fellowship           Review and published an article
Shohl, LLP in Cincinnati.        their family on April 23,         programs.                           on the Establishment Clause
He practices in corporate,       2003. The Grefers reside                                              while a student at Chase.
international business, family   in Richmond, where Joan           1996
wealth planning, taxation,       practices with Davis & Neal,      Tammy Meade ’96 was                 Lisa M. Wenzel ’03 joined
health care, estate and gift     P.S.C., doing domestic/family     offered partnership with the        the firm Deters, Benzinger
tax, and federal income tax.     and bankruptcy work.              firm Sturgill, Turner, Barker &      & LaVelle as an associate in
                                                                   Moloney, PLLC in Lexington,         November 2003. She will
Stephan L. Richey ’93 was        Bernard L. McKay ’94,             KY. She has practiced with          be practicing in the firm’s
named partner in the firm         partner with the firm Frost        the firm for four years in the       Cincinnati office in the Civil
Thompson Hine LLP in             Brown Todd LLC in Cincinnati,     area of civil litigation.           Litigation Group. She resides
January 2004. He practices       was recently appointed by the                                         in Highland Heights, KY.
in the Labor and Employment      firm’s executive committee         Amy Hale Milliken ’96, was
and eBusiness and Emerging       to serve as vice chair of the     appointed County Attorney for       The Honorable John Andrew
Technologies groups. He is a     firm’s Personal Planning and       Warren County. She is the first      West ’71, Eliot G. Bastian
member of the firm’s Diversity    Family Business Departments.      woman to hold this position.        ’99, and Barbara L. Barber
Committee and is also an         His concentration includes        Her appointment comes               ’97 were honored at this
adjunct faculty member for       estate planning, trust and        shortly after being named the       year’s Black Law Students
Chase where he teaches in        probate administration, family    Kentucky Bar Association’s          Association annual awards
the Academic Development         business and succession           2003 Outstanding Young              gala by receiving the Lifetime
Program.                         planning, charitable giving,      Lawyer. She and her husband,        Achievement Award, Keeper
                                 individual income taxation, and   Wesley Milliken ’94, are the        of the Dream Award, and
Bernice Walker ’93, director     probate and trust litigation.     parents of two children, Abby,      Carrier of the Torch Award,
of small, minority, and female   He currently serves as a          6, and Chloe, 2, and reside in      respectively, in February 2004.
business development for         member of the Chase Board         Bowling Green, KY.
Hamilton County, was re-         of Governors and is chair of                                          Raymond E. Lape, Jr. ’68,
elected chairperson of the       the first annual Chase Awards      Jill Vollman ’96 was recently       Clyde Middleton ’74, and
small business development       Celebration to be held in June    named partner with the firm          Kenneth W. Scott ’80 were
section of the National Bar      2004.                             Frost Brown Todd LLP in             recognized as 2003 Senior
Association. She was also re-                                      Cincinnati, OH.                     Counselors at the annual
elected to serve on the NBA’s    1995                                                                  Kentucky Bar Association
board of governors.              Scott Brown ’95 was recently      1997                                Awards Luncheon in Louisville,
                                 named partner with the firm        George Sisk ’97 was recently        KY on June 13.
Terese M. Wells ’93 has joined   Frost Brown Todd LLP in           named general counsel for the
the firm of Santen & Hughes       Cincinnati.                       Illinois Department of Labor.       Congratulations to the
as an associate. She practices                                                                         following Chase graduates
in the areas of probate, real    Sterling W. Colvin ’95 was        2000                                who successfully completed the
estate, and general business     recently named partner with       Curtis B. Cassner ’00 is            Cincinnati Bar Association’s
law. She is also fellow of       the firm Dinsmore & Shohl,         partner with the firm Kelly,         2003 Cincinnati Academy of
the Cincinnati Academy of        LLP in Cincinnati. She            Passidomo, Alba, & Cassner,         Leadership for Lawyers. They
Leadership for Lawyers.          practices in the areas of         LLP in Naples, FL.                  were inducted into the Academy
                                 corporate, real estate, and                                           on June 5.
1994                             zoning & development. Her         2002
David D. Black ’94 was           husband, C. Richard Colvin ’95,   Robert H. Herzog ’02 has            Laura Amiott ’94
recently named partner           is partner in firm of Boggs and    joined the firm of McKinney &        Matthew W. Fellerhoff ’94
with the firm Dinsmore &          Colvin in Florence, KY.           Namei Co., LPA as a general         Sean L. Rhiney ’95
Shohl, LLP in Cincinnati.                                          practitioner working the area       Norton Roberts ’93
He practices in the areas        Julie Reinhardt Ward ’95 has      of probate, wills, and estate       Sarah Tankersley ’93
of commercial litigation,        been appointed by Governor        planning, and also commercial       Paul Vollman ’94
                                 Ernie Fletcher to be Campbell     litigation. He also works with

                                                                   TO SUBMIT YOUR CLASS NOTE, PLEASE VISIT
                                                                   CHASE WEBSITE AT WWW.NKU.EDU/~CHASE

                                                                                                                          spring 2004    29

                                                                             in MEMORIAM

     Judge Joseph A. Luebbers ’52 of Cincinnati       Thomas A. Pottenger ’62 of Cincinnati         STUDENT DEATHS:
     passed away September 20, 2003 at the age        passed away on October 24, 2003. He           This year Chase lost two student members
     of 81. He served as a Hamilton County            served in the U.S. Marine Corps during        of its family.
     Municipal Court judge for more than 30           World War II and participated in the
     years after having spent many years in           battles of Bouganville, Guam, and Iwo                            Second-year student
     private practice. He also served in the U.S.     Jima. He was also a member of the Ohio                           Gentry Aubrey was
     Army for two years during World War II in        House of Representatives for 22 years, a                         killed in a car accident
     Africa and Italy. He and his wife, Dorothy       County judge, and a member of the State                          on February 2, 2004
     O’Kane, raised five children.                     Employees Relation Board.                                        at the age of 24. He
                                                                                                                       was vice president of a
     Bernard “Bernie” Louis Raverty ’81 of            Adrian H. Siereveld ’50 of Hamilton, OH       CHRISSY DUNN AND   law fraternity at Chase
     Dayton passed away January 6, 2003 of            passed away on February 19, 2003. He          GENTRY AUBREY      and also co-captain of
     cancer. He was born in Newport, KY,              was active in Hamilton and was recognized     the Moot Court Team with his close friend
     and began working for the Cincinnati Bar         for his contributions when he received a      Chrissy Dunn, also a second-year student
     Association in Lawyer Referral Service in        Key to the City. He was vice-president of     at Chase. He was a Commonwealth
     1982, becoming director in 1984. In              employee relations for Hamilton Foundry       Scholar receiving a degree from the
     1994, he became executive director of the        until he retired in 1983.                     University of Kentucky School of Business
     Dayton Bar Association, where he was                                                           Administration.
     recognized for his progressive development       Nicholas J. Gehler ’67 passed away January
     of that bar association. He also served on       26, 2004. His wife, Judith Gehler, and        Third-year part-time student Chad Jones
     the American Bar Association Standing            sons Nicholas, Christopher, Eryn, Andrew      passed away December 15, 2003. He was
     Committee of Lawyer Referral and                 and Alex will miss him dearly.                working for Jones, Walters, Turner and
     Information Services.                                                                          Shelton, Attorneys at Law, and was also a
                                                      Jerald E. Condit ’75 passed away              member of the Pikeville United Methodist
     Ronald J. Fein ’75 of Finneytown passed          unexpectedly on August 25, 2003. A            Church. He is survived by his wife,
     away on November 18, 2003 after a battle         United States Air Force Veteran, he was       Heather, along with his parents, Paul ’79
     with throat cancer. He practiced law with        retired from the Kentucky Department of       and Leda Jones, also of Pikeville.
     Robert L. Davis ’58 for 17 years before          Natural Resources legal division while also
     retiring in 1992 due to illness. After a short   in private practice.
     break, he returned to the legal profession
     through his appointment by Ronald A.             Clement DeMichelis ’51 passed away
     Panioto ’67 to magistrate in the Hamilton        August 13, 2003 at the age of 76.
     County Court of Domestic Relations.

     Judge William B. Stapleton ’64 of
     Georgetown, OH, passed away October
     9, 2003 at the age of 70. He was the Brown
     County Common Pleas Judge from 1982
     until 1997 when he retired, remaining as a
     visiting judge throughout southern Ohio.

30   chase
nonprofit organization

                               permit no. 2
                               newport, ky
     u.s. postage

                                                                                            Chase Law School
                                                                                            in Your Estate Plan

                                                                                            Be Part of a Chase

                                              As a graduate of Chase College of Law, you join a list of Chase
                                              graduates who are among the leaders of major law firms, corporations,
                                              non-profit organizations, the judiciary, and in government service.
                                              Many graduates make bequests to express their gratitude for a lifetime
                                              of value they received from their law school education. Your gifts can
                                              help create scholarships, sustain a talented faculty, and provide for
                                              up–to–date facilities.

                                              For more information, please contact the Law School
                                              Development Office:

                                              Nancy Bratton Perry
                                              Director of Advancement and Planned Giving
Northern kentucky university
Salmon p. chase college of law

                                              Salmon P Chase College of Law
                                              Northern Kentucky University
highland heights, KY 41099

                                              530 Nunn Hall
                                              Highland Heights, KY 41099
                                              859 572-5276
office of the dean
nunn drive

                                              This publication was prepared by Northern Kentucky University and printed with state funds (KRS
                                              57.375). Northern Kentucky University does not discriminate on the basis of race, color, national origin,
                                              sex, disability, age, religion, marital status, sexual orientation or veteran status in training activities or
                                              employment. Educational programs or activities are set forth in accordance with Title IX, Title VI, Title
                                              VII, ADA and Section 504. For more information, please contact Cheryl Nunez, director, Affirmative
                                              Action/Multicultural Affairs (Nunn Drive, Highland Heights, KY 41099, (859) 572–6590), who has been
                                              designated to coordinate the school’s efforts to comply with the aforementioned regulations.

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