Ms. Roberta Lang, General Counsel and Global Vice President of Legal Affairs for Whole Foods Market, Inc., will be the speaker at Valparaiso University Law School ceremony honoring graduates on Saturday, May 19.

A 1990 graduate of the Law School, Ms. Lang is not only a successful and influential business leader; she is a humanitarian in both public and private sectors. She is a board member of Conscious Capitalism, Inc., an organization that honors an emerging, increasingly complex form of capitalism that holds potential for enhancing corporate performance while advancing the quality of life for billions of people. She is also a board member of Whole Planet Foundation, whose mission is to create economic partnerships with the poor in those developing–world communities that supply Whole Foods Market stores.

Ms. Lang is also a dedicated member of the Law School and University community, serving as Secretary of the Law School National Council and frequent speaker and advisor to our students on career-related matters.

Former chief justice Randall T. Shepard, will receive an honorary degree from Valparaiso University Law School on May 19.  Chief Justice Shepard retired from the Indiana Supreme Court in March after 27 total years of service. In April 2012, he was named a distinguished senior judge on the Court of Appeals of Indiana.

In 2005, the National Association of Women Judges honored him with the Norma Wickler Excellence in Service Award. In 2006, the Indiana Black Expo presented him with its Lifetime Achievement Award for his contributions to equal opportunity. He received the Dwight D. Opperman Award for Judicial Excellence in 2009.

His national leadership positions include chairing the American Bar Association’s Appellate judges Conference; chairing the Section of Legal Education and Admissions to the Bar; and serving in 2006 as leader of the National Conference of Chief Justices. In 2007, he was named co-chair of Indiana’s Local Government Reform Commission.

Chief Justice Shepard authored more than 940 majority opinions for the Indiana Supreme Court, and published more than 65 law review articles in 23 different journals.

Ceremonies for Valparaiso University Law School will begin at 10:00 a.m. on May 19, in the Chapel of the Resurrection. More information on commencement can be found at valpo.edu/law/current-students/commencement.           

Please join Valparaiso Law alumni, faculty, students and friends of the Law School for a networking and social event.

Location:

Meijer Gardens
Grand Rapids, MI 49525
North of I-96 on East Beltline, between Bradford St. and Leonard St.

Please R.S.V.P.: www.valpo.edu/law/alumni-event-rsvp

Painter’s first presentation was entitled, “Conspiracy, In Pari Delicto, and other Issues in Lawsuits against Lawyers for Ponzi Schemes.” He discussed the roles that lawyers and accountants often play in the conceiving and operating of Ponzi schemes. In that connection, Professor Painter discussed several U.S. Supreme Court cases that interpret federal laws designed to prevent Ponzi schemes in terms of the primary violators, aiders and abettors and those involved with conspiracy.  He pointed out that in many circumstances, it can be difficult for lawyers to be included in these groups of potential defendants, despite their often integral role in making Ponzi schemes work.

The second lecture was titled “The Moral Responsibility of Lawyers after the Banking Crisis of 2008.” Painter highlighted the changes that have taken place based on deregulation of the banking business, and how this has affected the role of lawyers in the corporate world. Professor Painter discussed the moral obligations that lawyers face in these circumstances and the fact that questionable firm conduct often cannot occur without the contribution of lawyers. He spoke of several inadequacies in the system of regulation which led to the mortgage crisis of 2008 and particularly the failure of Lehman Brothers, one of the oldest investment banking firms in the United States. Professor Painter closed by exploring how lawyers might avoid a repetition of these events by focusing more on basic moral values.

Painter received a B.A. in history summa cum laude from Harvard University and a J.D. from Yale University. He currently teaches corporate law at the University of Minnesota Law School and has previously taught at University of Oregon School of Law and the University of Illinois College of Law. He also served as the Associate Counsel to the President in the White House Counsel’s Office.

The Tabor Institute on Legal Ethics lecture series is made possible by a generous endowment from Glenn Tabor. Tabor is a Valparaiso University Law School alumnus and co-founder of the Valparaiso firm Blachly, Tabor, Bozik & Hartman. The goal of these lectures is to encourage reflection on virtuous living, illuminate the nature of the legal vocation, and clarify the responsibilities that lawyers have to both clients and society.

Competitors included Yolanda Ruiz, Margaret Johnson and Ebonee Dawson. David Saferight coached the team. The team advanced to the final round, taking second place overall. Dawson was awarded Best Oralist honors in the final round.

They faced teams from University of Dayton School of Law, Cumberland School of Law, University of North Dakota School of Law and Stetson University College of Law.

Professor Scott Hershovitz from the University of Michigan Law School, delivered the annual Monsanto Lecture on Tort Jurisprudence at Valparaiso University Law School. The title of the lecture was, “What is Tort Law? What Can it Do?” His purpose in the lecture was to suggest a new account of the goal of the tort system.

For several decades, the two opposing justifications for private civil suits for tort compensation have been economic efficiency and corrective justice. Professor Hershovitz critiqued both point of view and questioned whether either one could fully explain why the law relied on a system of personal litigation to redress unsafe behavior and products. First, he used several hypothetical’s to show that economic efficiency can be detached from the requirement that it is the victim who receives the tort award. If this is so, Professor Hershovitz argued that economic efficiency cannot justify the current legal regime – even in its own terms. But then he went on question whether the standard justification given by most corrective justice theorists could be fully explanatory either. From his perspective, to more deeply understand the nature and function of tort law, the legal and social uses of revenge need to be taken into account.

Professor Hershovitz graduated summa cum laude from the University of Georgia and Yale Law School. He holds a M.A. in philosophy and received a Doctor of Philosophy in Law from the University of Oxford where he studied as a Rhodes Scholar. He previously clerked for Justice Ruth Bader Ginsburg of the U.S. Supreme Court and Judge William A. Fletcher of the United States Court of Appeals, Ninth Circuit. He currently teaches jurisprudence and tort law at the University of Michigan Law School.

The Monsanto Lecture series occurs annually and was endowed by a gift from the Monsanto Fund. Mr. Richard Duesenberg, a 1953 graduate of Valparaiso University Law School, helped to make this lecture series possible. He served as Monsanto’s Senior Vice President and General Counsel and Secretary.

Images for this event can be found on Flickr:  http://www.flickr.com/photos/valparaiso_university/sets/72157629746620143/with/7048091099/

Laura Emaus, Susanne Heckler and Bryan Rogers, all second-year law students, competed in the event. They were coached by Gregory Nibert and Vilius Lapas.

Seventy-seven teams from across the country competed in this event. The Valparaiso team was commended on their brief, which was ranked 22 out of the 77 teams in attendance.

The team advanced to the regional semifinals after facing Western State University College of Law, Capital University Law School and University of Denver-Sturm College of Law. They lost to Texas Tech in the regional semifinal round, the team that went on to win the competition.

The topic of this competition was autism and Applied Behavior Analysis therapy. It dealt with the states’ obligation to provide coverage for ABA therapy under the EPSDT mandate of the Federal Medicaid Statute, as well as any duties of private insurers to provide coverage under the recently enacted Wellstone Act.

Wendy Mejia, Megan Leffelman, Matt Heiting and Benjamin Waite argued on behalf of Valparaiso University Law School. They were accompanied by student coach Charles Albrecht and Professor Clare Nuechterlein.

In the various rounds of the competition, the team competed against groups from London, Singapore, Australia, Kenya and Ukraine.

Fifty teams from around the world submitted briefs for the write-in competition. Several teams competed in qualifying rounds in both India and Qatar. Thirty-three teams, representing 21 different countries, qualified to argue in the oral rounds in Oxford, England. Valparaiso University Law School was the only law school from North America represented in the top 10. They went on to compete in the semifinal rounds and were named as the runner up in the Best Memorial category.

Please visit the Law School Flickr website: http://www.flickr.com/photos/valparaiso_university/sets/72157629724552691/

The United States Army Court will hear arguments in the case of United States v. Coleman.  On May 13 and 14, 2010, Specialist Walter S. Coleman (appellant) was tried at Fort Leonard Wood, Missouri by a panel of officer and enlisted Soldiers sitting as a general court-martial.  Contrary to his pleas, appellant was convicted of rape and adultery in violation of Articles 120 and 134 of the Uniform Code of Military Justice (UCMJ).  Appellant avers that the military judge erred by denying a defense motion for mistrial based on the Government’s failure to disclose that appellant’s co-accused testified against him in exchange for a recommendation that the co-accused’s  sentence be reduced by 12 months.

Established in 1775, the Army Judge Advocate General’s (JAG) Corps is the oldest law firm in the nation. The Judge Advocate General’s Corps comprises lawyers, legal administrators, paralegals, and court reporters. In 1994, the U.S. Army Court of Military Review was renamed the U.S. Army Court of Criminal Appeals.

Currently, the U.S. Army Court of Criminal Appeals is composed of three judicial panels, each with three appellate judges (one of whom is the senior judge) and a commissioner (staff attorney).  It is supplemented by military judges from the U.S. Army Reserve. Karen Borgerding ‘95, a Valparaiso University Law School Alumnus, is a Reserve Judge with the United States Army Court of Criminal Appeals.

The argument will last approximately 60 minutes, with each side having about 30 minutes to argue. The Court will take the matter under advisement and hand down a decision after considering the case. There is no timeline for the decision. The Military Veterans Law Association is proud to be sponsoring the JAG Corps appearance at the Law School.

Students used their criminal procedure knowledge to work on long-term projects, organize caseloads, research and write briefs and memos, listen to jailhouse tapes and accompany assigned attorneys to court. They started each day at 8:30 a.m. and some students continued working until 7 p.m. One student was given the opportunity to ride along with a New Orleans police officer while tracking down a vicious assault suspect in the French Quarter.

Professor Carter commented on the trip, “The students discovered the value of teamwork, as they helped each other with assignments. They visited court, discussed matters with Judge Davies in her chambers, saw motions and evidence argued on discovery, search and seizure, and observed closing arguments. They shared much time with the office attorneys and investigators.”

While in New Orleans, students also visited the Louisiana Supreme Court, the 9^th Ward, the 5^th Circuit Federal Court of Appeals and the Garden District. Law School student Benjamin Waite said “It was great to get real-world experience, but even greater to make a difference.”

Valparaiso Law student Matt Heiting said “Overall, this was an amazing experience.  I was able to work close with a great attorney who was highly respected in the office and in the community.  I was able to research and write issues and gain practical experience I would not have gotten in the class room.  I observed many different types of hearings and worked on a Supreme Court case.  All the experiences and people I have met will further advance my legal career; my decision to attend this trip was a great one.”

Flickr: http://www.flickr.com/photos/valparaiso_university/6985411527/in/set-72157629592464673/

Caitlin Broo, Sandra Corum, Tiffany Houchin and Quandra Speights prepared a brief and presented oral arguments at the competition. They were coached by Latonya Brooks.

They competed against the University of Philadelphia, the University of Michigan and two other teams.

The problem included disputes arising after a large hurricane in the fictional state of Tangoon. As stated in the compromise, the U.S. and Canada both had stakes in the country and were allegedly involved in slave labor and the refusal of humanitarian aid. They also discussed issues of territorial sovereignty and whether the detention of leaders is permissible under international law.

Third-year students Lakeisha Murdaugh, Amale Booth and Ryan Powers competed. They were coached by Kevin Warren and Margaret Johnson; Jessica Fabiszak and Jonathan Carlson assisted by judging the team’s practice rounds.

Murdaugh received the Honorable George Bundy Smith Award for Oral Advocacy and was named the “Best Oralist” out of 75 total competitors.

The case featured issues of contract law, constitutional law and family law related to child custody. The students argued on matters related to the abortion provision within a gestational surrogacy contract and its relation to public policy, as well as which party should be awarded custody of the unborn child.

Waseema Ali and Alan Kus represented Valparaiso University Law School. They were coached by Dan Korban.

The team faced George Washington University, American University and Baylor University and advanced to the quarter final round.

The team argued issues concerning the freedoms of expression and the press as related to an online news blog, whether the creator acted with reasonable knowledge or intent to cause harm to the government and whether the silent witness rule was valid under the circumstances presented in the case.

Jeffrey F. Gunning ’88 has been appointed the Republican Attorney to the Lake County (Indiana) Board of Elections and Voter Registration.

Indiana Super Lawyers recently announced its annual Super Lawyers list. Among the elite group of Indiana lawyers is Jon Abernathy ’83 of Goodin Abernathy LLP. The selection process included peer nominations, research of candidates and a blue ribbon panel review.

Porter County Attorney Gwen Rinkenberger ’84 has been selected to succeed Juvenile Court Magistrate Edward Nemeth, who is retiring. Porter County Circuit Court Judge Mary Harper ’75 announced Gwen’s appointment, effective March 15, 2012.

2000’s

Curtis Jones ’04 has been elected partner in the law firm of Bose McKinney & Evans LLP. Curtis is a member of the Litigation Group, representing clients in a wide variety of complex business and commercial litigation and appeals.

Legal Shield (formerly Pre-Paid Legal) named Shawn Bartley ’00 the 2011 Corporate Referral Network Attorney of the Year. Shawn was also recently named Chair for the Montgomery County Maryland Collaboration Council for Children Youth and Families www.CollaborationCouncil.org.

The Hoosier Environmental Council (HEC) has appointed Kim Ferraro ’07 as Water and Agricultural Policy Director. Ferraro’s honors include “Up and Coming Lawyer” by Indiana Lawyer (2009), “Legal Advocate of the Year” by HEC (2008), and the Dean W. Kohlhoff Memorial Award for Excellence in Environmental Law at the Law School (2007).

Shannon Reed ’00, a partner at Baker & Daniels LLP, was elected president of the Allen County Bar Association (ACBA) for a term beginning Oct. 1, 2011, and ending Sept. 30, 2012. Shannon has been a member of the bar association’s board of directors since 2007 and has previously held the positions of president-elect and vice president. She also served as chair of the association’s Women Lawyers Section from 2005 to 2009.

The Career Planning Center participated in the Chicago Area Law School Consortium (CALSC) annual Practice Tracks table-talk event at the Chicago Bar Association on Thursday, February 16, 2012.  Valparaiso Alumni who participated in this event were:

Trent McCain ’02 – McCain & White, P.C.

Mary M. Squyres ’82 – Brinks Hofer Gilson & Lione

O. Anthony Olivadoti  ’93 – Chapter 13 Trustee.  Marilyn O. Marshall

Paul A. Leonard, Jr. ’82 – Burke Costanza & Carberry LLP

Jacquelyn T. Vengal ’04 – Burke Costanza & Carberry LLP

Over 200 law school students were in attendance.

Have a story to share with fellow alumni? Contact Valparaiso University Law School to update your contact information and share your news:   http://www.valpo.edu/law/alumni/al-news-and-events/al-update-your-contact-information.

I encourage you not only to read this newsletter, but also to visit our website and join our new LinkedIn community (http://www.linkedin.com/groups?gid=25415&trk=hb_side_g).  Jeff to provide URL shortcut. We look forward to hearing from you.

Jay Conison

Dean and Professor

Professor Rebecca Huss was a featured speaker at the Animals, Ethics and Law Symposium at the University of Tennessee March 1-3, 2012.  Professor Huss spoke on her current research relating to aging adults and animals. Professor Huss was also quoted in the Huffington Post: http://www.huffingtonpost.com/2012/02/09/peta-seaworld-slavery-_n_1265014.html?1328800802

Professor Jeremy Telman, delivered a paper, “Non-State Actors in the Middle East: A Challenge for Rationalist Legal Theory,” at a conference entitled “Forces Without Borders: Non-State Actors in a Changing Middle East,” held at the Cornell University School of Law on February 17-18, 2012.  The paper will be published in the January 2013 issue of the Cornell International Law Journal.

Professor Alan White was quoted in USA Today: http://www.usatoday.com/money/story/2012-02-09/mortgage-settlement-usa-today-cover/53033812/1

Professor Rosalie Levinson delivered the Donohue Lecture at Suffolk Law School in Boston on Thursday, February 9, 2012.  The lecture was entitled: “Targeted Hate Speech and the First Amendment: How the Supreme Court Should Have Decided Snyder.”

Professor Paul Kohlhoff was cited in the ABA Section of Taxation News Quarterly for the Tax Clinic’s involvement in a case (Lantz) that helped to force a change in how the IRS deals with equitable innocent spouse relief.  The change affects taxpayers nationwide.

The Indiana Supreme Court has approved a webcam pilot project for of certain trial court proceedings in Lake County. The Times of Northwest Indiana has authorization to webcast proceedings in Lake Circuit Court, Lake Superior Court Civil Division 2 and Lake Superior Court Civil Division 6. Professor Ivan Bodensteiner and Professor Bruce Berner will supervise law students involved in the pilot.  Professor Berner explained, “Students will interview jurors, witnesses and attorneys.  We have a school requirement that every student, prior to graduation, complete 40 hours of pro bono publico legal service under the supervision of a licensed Indiana attorney.  We are delighted to serve by assessing the effects of this important effort to make court proceedings more accessible to the general public.”

Geoffrey Heeren will join Valparaiso Law as a clinical faculty member next academic year. Professor Heeren will teach an immigration clinic handling refugee and asylum cases. Professor Heeren is a graduate of the New York University School of Law and practiced immigration law in Chicago with the Legal Assistance Foundation of Metropolitan Chicago before taking his LL.M. at Georgetown.

The event raised $6,000 that will be donated to the American Brain Tumor Association, an organization focused on advancing the understanding and treatment of brain tumors and those affected by a brain tumor diagnosis.