Santa Clara University

Law Briefs

Bryan Stevenson, founder and director of the Equal Justice Initiative in Montgomery, Ala., was the recipient of the first annual Katharine and George Alexander Law Prize at a special dinner on March 8 in San Jose.

“We honor Bryan Stevenson for his courage, self-sacrifice, and his tireless work on behalf of indigent defendants, death-row prisoners, and juveniles who have been denied fair and just treatment in the legal system,” said Santa Clara Law Dean Donald J. Polden. “A strong voice for reform, he has dedicated his career to alleviating injustice and inequity. We thank him for his leadership and his commitment to serving others.”
   

Photo by John McElroy Dublin, Ireland

Stevenson is founder and executive director of the Equal Justice Initiative (www.eji.org), where he and his colleagues have helped reduce or overturn death sentences in more than 60 cases. Last year, EJI collected the traumatic stories of 73 children as young as 13 who have been tried as adults and sentenced to life in prison without the possibility of parole. The EJI is working to correct these harsh sentences.

A graduate of Harvard Law School and Harvard School of Government, Stevenson joined the Southern Center for Human Rights in Atlanta as an attorney in 1985. From 1989 to1995, he represented capital defendants as the executive director of the Alabama Capital Representation Resource Center. He joined the clinical faculty at New York University School of Law in 1998, and his publications on capital punishment and criminal justice are internationally recognized.

The Katharine and George Alexander Law Prize, an annual award of $50,000 presented by Santa Clara University School of Law, recognizes a member of the legal community who has used his or her skills, knowledge, and abilities to correct injustice in a significant manner, and to promote human and civil rights. Selection criteria include the innovative nature and sustainability of the programs the individual has implemented, the courage and self-sacrifice displayed, the number of people benefited, and any other indications that the recipient is committed in both heart and mind to international human rights and social justice.

To nominate someone for the Prize, visit www.scu.edu/law/alexanderprize/.

Malik honored

In April, the May 18 Memorial Foundation in Gwangju, Korea, awarded the 2008 Gwangju Prize for Human Rights to Muneer A. Malik ’75, an attorney in Karachi and the former president of Pakistan’s Supreme Court Bar Association. The Gwangju Prize for Human Rights is an award given to individuals, groups, or institutions in Korea and abroad that have contributed in promoting and advancing human rights, democracy, and peace in their work. In the award citation, the Memorial Foundation said that Malik “has played an enormous role in the struggle of the lawyers, judges and the rest of the citizens of Pakistan for the independence of the judiciary.”
   
In 2007, Malik represented former Pakistani Chief Justice Ifitkhar Muhammed Chaudhry, after President Pervez Musharraf dismissed Chaudhry for questioning election results. In November 2007, Malik was jailed for three weeks by the Musharraf government. His kidneys failed during that period, and he was hospitalized and underwent dialysis upon his release. During his imprisonment, 23 members of the Santa Clara Law faculty released a statement calling for the release of Malik and other political prisoners who were jailed at the same time.

Malik was the co-recipient of the 3rd Asian Human Rights Defender Award, given earlier this year by the Asian Human Rights Commission. He was also the recipient of the 2006 Dorab Patel Award given by the Human Rights Commission of Pakistan.

Santa Clara Law ranks well in U.S. News Survey

Santa Clara Law was once again named one of the top 100 law schools in the country in U.S. News &World Report’s annual “America’s Best Graduate Schools 2009” publication. In addition, the law school was again ranked as having one of the most diverse student populations, and as having one of the top 10 Intellectual Property Law programs in the country.

“We are proud that Santa Clara Law continues to be appreciated on a wider spectrum for our commitment to educating future lawyers of competence, conscience, and compassion and for preparing them for leadership roles in the legal profession and in our communities,” said Dean Donald J. Polden.

From left to right: Jill Kent, Linda Starr, Armando Ortiz, Paige Kaneb, Meghan Piano, Rachael Buchanan, and Dan Bednarski in the Fresno County Jail after Armando’s case was reversed. Missing from the photo is law student Shauvi Rogers who also worked on the case.

NCIP exonoration update

In November 2007, Superior Court Judge Gary D. Hoff reversed the murder conviction of Armando Ortiz, a Fresno teenager who was wrongfully convicted of the robbery and murder of a pregnant convenience store clerk. Ortiz, who was 16 at the time of the murder, was tried as an adult and convicted of two counts of first-degree murder, despite the lack of physical evidence tying him to the murder. He testified at the trial that he had never been to the city where the murder occurred.

The Northern California Innocence Project (NCIP), based at Santa Clara Law, took on the case after learning from Ortiz’s appellate attorney that there were numerous alibi witnesses who had never been interviewed for the trial. The NCIP team included Linda Starr, legal director; Jill Kent, supervising attorney; and several law students.

By demonstrating that Ortiz’s trial attorney prejudiced his right to a fair trial by failing to investigate the case, Judge Hoff granted the petition for a writ of habeas corpus. For more information, see www.scu.edu/law/ncip.

New website launched

A new Santa Clara Law website was launched in October. It can be viewed at www.scu.edu/law.

“It is a very contemporary and friendly website that captures the ambition and complexity of the law school and its people and programs,” said Julia Yaffee, senior assistant dean for external affairs at Santa Clara Law. Yaffee led the redesign team and conducted extensive surveys and user testing during the process. In addition to updated design and navigation links, the site includes new features, such as the Lawyers Who Lead site. That section contains information and articles about many of the alumni leaders who have been honored by the law school, and featured in its publications in recent years.

Santa Clara Law trial teams excel

Santa Clara Law students are active in both national and international trial competitions. We are proud to share these recent results.

Two Santa Clara Law trial teams had superb showings at the February regional competition of the Texas Young Lawyers Association National Trial Competition in San Francisco. The TYLA National Trial Competition (NTC) is one of the oldest and most prestigious mock trial competitions in the United States, and is co-sponsored by the American College of Trial Lawyers. Every ABA-accredited school in the country is invited to compete in this annual competition.

Teams from schools across Northern California and Nevada competed in the tournament, which involved presenting and arguing a negligence case. The mock trials were held at the Federal District Court and the Ninth Circuit Court of Appeals and were argued before federal judges and practicing litigators.

Law students Tommy Hartnett (2L), Ryan McMath (2L), and Shelley Weger (2L) comprised one of the two teams representing Santa Clara at the competition. They reached the final round of the tournament undefeated after beating teams from Boalt, U.C. Hastings, and U.C. Davis. The other three-person team, which included Erika Gasaway (2L), Adam Partridge (3L), and Dan Schaar (3L), also did an excellent job against fierce competition.

In addition, at the February ABA Client Counseling Competition in Hawaii, Santa Clara’s team, which included third-year law students Carla Rabuy and Molly Brennan, coached by Scott Mauer, advanced to the semi-final round. For more information, see www.scu.edu/law/academics/academics-moot-court.cfm.

Phyllis Hamilton ’76 to deliver commencement address

The Honorable Phyllis Hamilton ’76     has been chosen to speak at the 2008 Law Commencement, to be held on May 17 at Santa Clara University. Judge Hamilton serves as United States District Judge for the Northern District of California.

She has served as Deputy Public Defender at the California State Public Defender’s Office in San Francisco (1976–1980), Administrative Judge for the United States Merit Systems Protection Board in San Francisco (1980–1985), Court Commissioner of the Oakland Municipal Court (1985–1991), and United States Magistrate Judge (1991–2000).

At the age of 33, Hamilton was appointed a court commissioner in Alameda County. Within six years, she was appointed United States Magistrate Judge in San Francisco, handling preliminary criminal matters, discovery and civil trials with the consent of the parties. She held that post until she was appointed by President Clinton as United States District Judge for the Northern District of California. Judge Hamilton received a School of Law Distinguished Alumni Achievement Award in 2004.

Judge Hamilton continues to participate in mentoring programs for high school and law students as well as training and continuing education programs for lawyers. She serves on various committees for both the Northern District and the Ninth Circuit. She is a member of the National Association of Women Judges and the Charles Houston Bar Association.

A big "blogiversary"

“Today marks the three-year anniversary of my blogs,” wrote Eric Goldman, Santa Clara Law assistant professor and director of the High Tech Law Institute, in one of his blogs on Feb. 7. “It has been an absolutely terrific ride, with about 1,200 posts and about 5.7M page views over the past three years.” Goldman writes one of the most respected blogs on intellectual property and the Internet: http://blog.ericgoldman.org/.

Community Law Center event

About 100 people gathered for the 10th annual Community, Commitment & Courage celebration on Oct. 12. The event, held at the Adobe Lodge, raised $15,900 for the Katherine and George Alexander Community Law Center.

Balàm Letona ’03 was honored with the Commitment Award for his volunteer work at the center, including staffing almost every Consumer and Debtors Rights Clinic for several years. The Community Award was presented to Sylvia Kennedy ’94, and her husband, Will. The Courage Award was given to a client, Ana Rodriguez, for fighting for access to justice. The Eric and Nancy Wright Award was given to Susan Levin ’76, a worker’s compensation attorney at the center.  For more information, visit www.scu.edu/law/kgaclc.

New Uelmen prizes

The trustees of the Morris S. Smith Foundation (Sterling and Larry Franklin) recently made a gift to the law school to honor Professor and Former Dean Gerald Uelmen. The gift will establish the Professor Gerald Uelmen Prizes, which will provide annual awards to students on the winning team and runner-up team in the Galloway Criminal Moot Court Competition. The inaugural Uelmen Prizes were awarded at the final round of the competition held in February.

“It is very appropriate that Jerry Uelmen is being honored in this manner,” says Santa Clara Law Dean Donald J. Polden. “He has been a stalwart in supporting and advancing our moot court programs and activities, especially the Galloway Criminal Moot Court Competition, and we greatly appreciate the support of the Morris S. Smith Foundation for the moot court program.”

Center for Global Law and Policy welcomes IDLO General Counsel

At the start of Spring semester, Santa Clara Law, through its Center for Global Law and Policy, welcomed Thomas McInerney, general counsel and secretary of the International Development Law Organization (IDLO). McInerney came to SCU from IDLO headquarters in Rome, where he also oversees IDLO’s research and publications.

McInerney came to meet with students who are enrolled in the new International Development Law Seminar, in which students research and write on current topics generated by IDLO headquarters. The select group of students, under the guidance of lecturer-in-law, Art Gemmel, J.D., LL.M., S.J.D., are given a slate of topics under consideration and current to IDLO activities. Students then work closely with Gemmel and McInerney to create work product that will be used by IDLO in its work in the field and at the United Nations.

While at the law school, McInerney was a guest lecturer in international law courses offered by Professors Jiri Toman and Beth Van Schaack. In addition, he delivered lectures to faculty and students on various aspects of international and development law. His visit highlights the dedication of the Center to providing opportunities for faculty and students to not only increase their awareness and knowledge of international law, but also to interact on a personal basis with practitioners in the field. For more information, see www.scu.edu/law/international.

About IDLO

It should be noted that the director-general of IDLO, William Loris, is an alumnus of Santa Clara Law and was recently awarded the Law School’s prestigious Distinguished Service Award for those who have made a remarkable contribution to the legal profession, to the community, and to humanity. Cooperation with Loris has led to this unique partnership between IDLO and the law school.

Loris co-founded IDLO in 1983 for the purpose of alleviating poverty through law. Since then, IDLO has grown into a prestigious international organization dedicated to promoting the rule of law in developing countries and countries that are emerging from conflict. IDLO is founded on the principle that a country cannot escape the yoke of poverty without a well-functioning legal system. Together with its various alumni organizations, IDLO maintains a presence in some 50 countries and holds Permanent Observer Status at the United Nations.

IDLO is a non-profit, humanitarian organization that relies heavily on donations for its financial support. Donations to IDLO are needed to help sustain this compelling mission and are tax deductible. Those interested in learning more about supporting IDLO should visit the IDLO website: www.idlo.int, or contact Tom Bianchi at tbianchi@idlo.int.

New assistant dean for Law Alumni and Development

Photo by Bacosa

In March, Lawrence E. Donatoni joined the law school as assistant dean for law alumni and development. A Santa Clara University graduate with a bachelor of science degree in business management, Donatoni will be responsible for planning and implementing law fundraising activities, including major giving and annual giving programs, donor relations, and a capital campaign. He will also be responsible for developing and implementing all law alumni activities.

Since 1999, Donatoni has served in the Santa Clara University Office of Development as senior associate director of major gifts, director of development initiatives, and director of development operations. His work has encompassed strategic planning for a $350 million capital campaign, including building staff infrastructure in areas such as planned giving, corporate and foundation relations, and donor relations. Most recently he has worked as the lead fundraiser for the new Business School building. He has extensive prior experience in development, including serving as development director for the Marianist Province of the Pacific, and as the executive director of the Dominican Santa Cruz Hospital Foundation and the United Way of Santa Cruz County.

“Larry’s colleagues have praised him for his excellent fundraising abilities, his inclusive and supportive management style, and his leadership and creativity in campaign planning and implementation,” says Santa Clara Law Dean Donald J. Polden.

Fall speaker highlights

A number of distinguished speakers visited the School of Law during the Fall semester.

Elizabeth Birch ’85, spoke at the School of Law’s fourth annual celebration of diversity in the legal profession on Oct. 25. Birch is the former executive director of the Human Rights Campaign. She was also presented with the school’s Social Justice and Human Rights Award by former U.S. Ambassador James Hormel. Birch was honored for boosting HRC’s lobbying efforts in Congress and for her groundbreaking use of the media. During her tenure from 1995 to 2004, membership in the group grew from 100,000 to 600,000, and the budget rose from $6.5 million to $30 million.

Prior to leading HRC, Birch was worldwide director of litigation for Apple Computer. Since leaving HRC, Birch has started a consulting firm, runs Rosie O’Donnell’s production company, and hosts a talk show.

Christopher Daley presented “Building the Transgender Law Center: A Report Back From the Cutting Edge” on Nov. 5. Daley has been involved in transgender legal issues since graduating from Boalt Hall School of Law in 2001. He was director of the Transgender Law Center from 2004 until 2007. He was also the Fall 2007 Social Justice Visiting Practitioner.

Christopher Edley Jr., dean of Boalt Hall School of Law, presented “Circumventing Civil Rights Exhaustion Through Regulatory Social Justice: The Case of Disparities in K-12 Education,” on Oct. 4. He joined Boalt Hall in 2004 after 23 years as a professor at Harvard Law School. He was co-founder of the Harvard Civil Rights Project, a multidisciplinary research and public policy think tank focused on issues of racial justice.

Amos Guiora presented “Counter-Terrorism: Legal and Policy Global Perspective” on Nov. 15. He is a professor of law at the University of Utah and a 19-year veteran of the Israel Defense Forces Judge Advocate General’s Corps.

Paul Hoffman presented “Litigating International Human Rights” on Nov. 1 at a Social Justice Workshop.
Mr. Hoffman was director of the ACLU of Southern California legal program from 1984 to 1994. He is currently a leading human rights lawyer, with Schonbrun DeSimone Seplow Harris & Hoffman. He practices constitutional and civil rights litigation, including First Amendment, discrimination and privacy litigation, and general business litigation, including copyright and trademark. He also specializes in criminal and civil appeals.

Katherine V. W. Stone presented “Globalization and Flexibilization: The Re-Invention of Employment Regulation in the 21st Century” on Oct. 26 in a Social Justice Workshop. She is a professor at UCLA School of Law where she teaches arbitration law, labor law, and other subjects. She previously taught at the Benjamin N. Cardozo Law School of Yeshiva University and Cornell Law School. 

Ahmed White, a professor at the University of Colorado Law School, presented “Capitalism, Social Marginality, and the Rule of Law’s Uncertain Fate in Modern Society” on Oct. 18 in a Social Justice Workshop. White’s scholarship focuses on the intersection of labor and criminal law and on the concept of rule of law.

Law student wins California Bar scholarship

In September, the California Bar Foundation announced $187,500 in scholarships to 39 students from 17 California law schools, including Santa Clara Law student Nicole Clemens. Recipients, who are nominated by their law schools and demonstrate a commitment to public service, academic excellence, and financial need, receive scholarships of up to $7,500 to assist with tuition and related education expenses. Six of California’s top law firms gave gifts totaling $180,000 in support of the Foundation’s flagship Law School Scholarship Program.