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
Practicing law beyond the borders of the USA
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
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
one foot in learning
europe and the the language of
other in the u.s. law... again
AROUND THE LAW SCHOOL moot court Faculty
where are they 50TH anniversary of
now? brown v. board
ALUMNI NEWS service honor chase alumni named
roll super lawyers
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
Meredith Ludwig ’04 (NKU) Heath Davis
Alumni Coordinator, Chase Media Services Designer, 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
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
MAZE WITH KING OF JORDAN
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
JACOBUS RASSER ’84
CHASE GRAD FINDS NICHE AS
INTERNATIONAL PATENT ATTORNEY
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
BY ROGER D. BILLINGS, JR.
‘One foot in Europe and the PROFESSOR OF LAW
other in the U.S.,’ Professor
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
BY CHRIS GULINELLO,
ASSISTANT PROFESSOR OF LAW
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.
AROUND THE LAW SCHOOL
MOOT COURT BOARD CELEBRATES
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
AROUND THE LAW SCHOOL
1 2 3
4 5 6
9 10 11
Left to right: 1. NATIONAL TRIAL TEAM 2. JESSUP MOCK TRIAL 3. DEAN ST. AMAND GIVING OUT LAPEL PINS 4. BLSA MOOT COURT 5. BLSA MOCK TRIAL 6. BLSA ADVOCACY
TEAM MEMBERS 7. FIRST YEAR STUDENTS DURING ORIENTATION 8. DEAN ST. AMAND MEETING WITH FIRST-YEAR STUDENTS DURING ORIENTATION 9. STUDENTS AT BLSA
GALA 10. FIRST YEAR STUDENTS ENJOYING THE PICNIC SPONSORED BY THE LIBRARY 11. DEAN’S LIST RECEPTION
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
AROUND THE LAW SCHOOL
BALES BILLINGS BREDEMEYER ELDER GULINELLO ROSENTHAL STAVSKY STEPHENS WHITEMAN YZENBAARD
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
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).
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).
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
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
CHASE CELEBRATES 50TH ANNIVERSARY OF
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
AROUND THE LAW SCHOOL
BY SUSANNE BOOKSER
ENSURING DUE PROCESS for
Making Gault Meaningful: Access to Counsel and Quality of Representation in Delinquency Proceedings for
__ 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).
IJA/ABA JUVENILE JUSTICE STANDARDS ANNOTATED: A BALANCED APPROACH at xviii (Robert E. Shepherd, Jr., ed.,
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).
See, e.g., NATIONAL JUVENILE DEFENDER CENTER, AMERICAN BAR ASSOCIATION JUVENILE JUSTICE CENTER & CENTRAL JUVENILE DEFENDER
CENTER, CHILDREN’S LAW CENTER, INC., ADVANCING JUSTICE: AN ASSESSMENT OF ACCESS TO COUNSEL AND QUALITY OF REPRESENTATION IN
DELINQUENCY PROCEEDINGS (2002).
BY DAVID BROSS
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
AROUND THE LAW SCHOOL
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.
BY MELISSA LANG &
immunizing subsidiaries of
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
AROUND THE LAW SCHOOL
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 www.pegasus.rutgers.edu/~rcrlj/
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).
BY AMY M. PUGH
AND RICHARD BALES
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
Elect Foundation The Honorable Catherine M.
Massimino M. Ionna ’99,
Bernard L. McKay ’94, 2003-2004 Kenneth L. Parker
Treasurer David C. Short, President and
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
Darran Winslow ’01 Amy Burke
Melanie Walls ’97 Steve Burke
Covington Latin School
Chase College James Frooman
Wende Morris Cross
of Law, Board Thomas Frooman
Mary Ann Deak
of Visitors Gary Goldman
3 2003-2004 The Honorable Charles J.
Mark G. Arnzen Anthony Frolich
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
William M. Cussen ’69 Sheryl Heeter
3 LAJUANA WILCHER ’80 AND DAVID Rich Nielson
HAUSRATH WITH DEAN ST. AMAND Daivd L. Hausrath Rene Heinrich
AT BOARD OF VISITORS MEETING
The Honorable Charles Pater
Michael W Hawkins
. Robert Hojnoski
Sylvia Sieve Hendon ’75 Holmes Baccalaureate Program
Patricia Herbold ’77 Holmes High School
Many thanks to all of the volunteers represented Jeff Rosenstiel
Suzanne P Land
. Derek Humﬂeet
on the service honor roll. Their time and talent Richard D. Lawrence ’71 Michelle Keller
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
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
Pierre Tismo Dean Gerry St. Amand
The Honorable Frank Trusty Steve Schuh
Rachel Vardiman Tim Spille
Debbie Vaughn Professor Henry Stephens
Jay Vaughn Gabrielle Summe
John C. Fischer
Chris Vissman Stephanie White
5 Ron Hayes
Beth Zahneis Professor Mike Whiteman
Will Zevely Beth Zahneis
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
4 MAC RILEY ’86 AND
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
AND ELIOT BASTIAN ’99.
Benita Fields-Land Faculty
James Frooman Carol Bredemeyer
Ralph Ginocchio Bryant Brewer
Henrietta Goolsby Kim Brooks
Margo Grubbs Laurie Dowell
spring 2004 25
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
1 2 3
6 7 8
1. NICHOLAS ’95 AND RHONDA FERRIGNO ENJOYING A CHASE EVENT 2. RECEPTION FOR NEW MEMBERS OF THE BAR 3. INCOMING STUDENT RECEPTION 4. BERNIE MCKAY ’94,
DEAN ST. AMAND AND BILL HESCH ’80 SPEAKING WITH A NEW STUDENT 5. SARA SIDEBOTTOM ’78 AND JIM POSTON, JR. ’81 AT DEAN’S CIRCLE LUNCHEON 6. ALICE SPARKS,
FORMER NKU REGENT AND CHASE BENEFACTOR WITH ESTHER REIS, WIFE OF ELMER REIS, ’51 7. ELIOT BASTIAN ’99 TALKING WITH FIRST YEAR STUDENTS 8. GILBERT LAYCOCK
’47 VISITS WITH DEAN ST. AMAND
spring 2004 2727
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,
national board of directors 2003
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
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.
permit no. 2
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
For more information, please contact the Law School
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
ofﬁce of the dean
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.