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SUNY Buffalo Law School Forum - Fall 2012
The magazine of SUNY Buffalo Law School, the State University of New York
F A L L 2 0 1 2 FORUM T h e M a g a z i n e o f S U N Y B u f f a l o L aw S c h o o l T h e S t a t e U n i v e r sity of New York SUNY BUFFALO LAW 2012 125 Years Young S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 SUNY BUFFALO L AW F O R U M contents The Magazine of SUNY Buffalo Law School � The State University of New York Message From the Dean 1 Happy birthday to us! 125 years of innovation in legal studies 2 A brief history of Buffalo's storied Law School 8 For 125 years, the work of SUNY Buffalo scholars has shaped the legal landscape 10 A long parade of distinguished teachers and scholars from years past 12 Many places to call home 14 Accomplished women are the rule, not the exception 16 A who's who of the names you see on campus 18 Once again, practical skills are in the forefront 20 Extending our global reach www.law.buffalo .edu/125.asp 22 Graduates of color distinguish themselves 125th anniversary events 24 Mitchell Lecture to address the shifting nature of personal caretaking 25 Clinic and NYS Family Court pay tribute to ripple effect of their work against domestic violence Law School Report A brief 2 history of Buffalo's storied Law School 26 30 31 32 34 36 38 39 40 41 42 43 44 46 47 48 Law School's 123rd Commencement marks a new chapter for grads SUNY Buffalo Law hosts ambitious legal writing conference Opening undergraduates' eyes to the possibilities of law For committed students, fellowships make summer public-interest work possible Three students travel far and wide in new NYSBA program Michael H. Doran Student Lounge dedicated with words of gratitude Faculty New roles for professors and staff Binder's book sheds new light on a controversial area of criminal law Mather's new book looks at the contexts that affect lawyers' decisions On NPR, Professor Ewing explores the limits of professional confidentiality Professor Kim Diana Connolly represents the U.S. in tough global wetlands negotiation Ronald J. Winter '81 has ambitious plans as newly elected national leader of Phi Alpha Delta Alumni Association Law Alumni Association 50+ Reunion Alumni connections across the nation Alumni welcome reception for the Class of 2015 26 123rd Commencement S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 1 message from the dean Happy birthday to us! ven as we focus on the future, it's good to take stock of where we have been. That opportunity presents itself this year as we celebrate the 125th anniversary of our Law School's founding. We are planning an extended series of events for alumni, faculty, students and friends of New York State's law school � the only law school in the SUNYsystem � for our quasquicentennial. We hope you will be part of the festivities! The Law School was founded on Sept. 28, 1887, during the first of former Buffalo mayor Grover Cleveland's terms as U.S. president. Established by visionaries who saw the limitations of the apprenticeship model of legal training, the school has since educated generations of lawyers, with a special focus on public-interest work and innovative interdisciplinary scholarship. Indeed, it is estimated that eight of 10 lawyers working in Western New York learned their craft at SUNY Buffalo Law, and alumni can be found working throughout the United States and worldwide as leading members of the bench and bar. This edition of the SUNY Buffalo Law Forum highlights our anniversary celebration. In this issue you will find a special fold-out timeline and articles about significant aspects of our long and distinguished history. It is a reminder of some of the people and accomplishments that have shaped the Law School into the institution it is today. I hope you enjoy it, and recognize your own place in our history. And there is more online. I invite you to visit the anniversary micro-site, www.law.buffalo.edu/125.asp, for information on all the events we're planning throughout the academic year, as well as extensive historical materials. Especially noteworthy are a series of vintage photos and a selection of video clips from the Law School's oral history project, featuring the names of some of our best-known graduates. � � � The corridors and classrooms of John Lord O'Brian Hall are alive again as the academic year gets under way and we welcome the incoming Class of 2015. This is always an exciting time in the life of the Law School, and I'm especially excited about the new first-year class. As you may know, law schools nationwide are experiencing much lower numbers of applicants than they have in the past. I'm happy to report to you that E despite that challenge, we have been able to maintain a very high-quality student body. Our entering class of 205 was drawn from 1,445 applicants. The accepted students bring with them a median LSAT score of 156 and a median grade point average of 3.51. The class is almost evenly divided between men and women. And of primary concern, we continue to admit diverse classes that look like America, and to ensure access for all academically promising students regardless of their economic circumstances. I am also delighted to be working with three newly appointed vice deans: Kim Diana Connolly, vice dean for legal skills; Charles Patrick Ewing, vice dean for academic affairs; and Guyora Binder, vice dean for research and faculty development. We are fortunate to have these talented faculty members and administrators working with us to move the Law School forward. We are grateful as well for your support as alumni and friends of SUNY Buffalo Law School. As I say often, we could not do it without you � your involvement makes us stronger in so many ways. In this time of celebrating our history, there is no greater asset for our school. Sincerely, 125 2 S U N Y B U F F A L O L AW F O R U M � F A L L 2 0 1 2 For a century and a quarter, aspiring attorneys have learned their craft with academic rigor and an eye toward the practical skills of lawyering. Here, a look back at the proud story of how it came to be. A brief history of Buffalo's storied Law School Wade J. Newhouse 1887 2012 John Lord O'Brian The view from the top: The deans through the years Charles Daniels Adelbert Moot Christopher G. Tiedeman Carlos C. Alden 3 1885 1890 1895 1900 1905 1910 1887 Local judges and attorneys decided to establish the Buffalo Law School. The Niagara University Board of Trustees met in March and drew up articles pertaining to the relationship between the Law School and the board. 1896 � The Law School moved to the ninth floor of the Ellicott Square building, which had just opened, and remained there until 1913. � The State Board of Bar Examiners showed that the Law School had the highest percentage of graduates passing the bar exam of any law school in the state. Out of 50 candidates, 47 passed on their first attempt, two on their second. 1902 The faculty hired Christopher G. Tiedeman as the third dean. 1903 Tiedeman died unexpectedly. Moot served as acting dean for the 1903-04 academic year. Oct 3, 1887 � The first class of 15 men met in the Ellicott Street home of the Niagara Medical School. Charles Daniels, a state Supreme Court justice, was the first dean. He spoke on "How to Study Law." Original classes included Constitutional Law, Equity Jurisprudence, Torts, Legal Ethics, Civil Practice, Property, Admiralty, Corporations, Evidence, Contracts, Criminal Law, Codes, Marriage and Divorce, Domestic Relations, Transmission of Estates, Agency and Partnership, Special Proceedings, Manufacturing Corporations and Estate Law. � Buffalo was understood to be a "practical school," combining academic and law office experience. The two-year program led to a bachelor of laws degree. � The first class included Louis L. Ullman, who was blind � the first disabled graduate of the Law School. 1904 Carlos C. Alden became dean. He was the longestserving dean, serving in the post for 32 years and teaching for more than 50 years. 1897 Dean Daniels passed away. Adelbert Moot was elected dean in the interim. 1906 � The University Council approved a Master of Laws (LL.M.) degree. � The course of study was extended to three years, and an admissions requirement of two years of college study was put in place. 1899 The Law School graduated its first two women: Helen Z.M. Rodgers, who became the first woman to ague an appeal before the state Court of Appeals, and Cecil B. Wiener, who became the first judge of Erie County Children's Court (a predecessor to Family Court). 1907 Many original professors began to retire. New volunteers included John Lord O'Brian and Charles B. Sears. 1888 The Law School moved to a room in the Buffalo Library Building on Clinton Street and paid $100 rent for the academic year. 1891 � The Law School became part of the University of Buffalo. � The Daniels Inn of Phi Delta Phi, an international legal fraternity, was organized. (It lost its charter in 1947 after failing to reorganize after World War II.) � The Law School moved to the upper floor of the Stafford Building at 158 Pearl St., where it remained until 1896. Helen Z.M. Rodgers 1901 Students voted to adopt an honor system during examinations. 1889 The first Commencement was held on May 29 in the lecture room of the Buffalo Library. The main speaker was Justice Albert Haight of the state Court of Appeals. Charles B. Sears Cecil B. Wiener The view from the top: The deans through the years Francis M. Shea Mark DeWolfe Howe 1915 1920 1925 1930 1935 Class of 1915 1936 Francis M. Shea became the fifth dean. He hired several Harvard graduates, including Louis L. Jaffe, Mark DeWolfe Howe and David Riesman Jr., giving the Law School the nickname of "Little Harvard." There were now six full-time faculty members; an intensified moot court program; and an emphasis on the casebook method of teaching. 1946 � Professor Philip Halpern became dean. He received his LL.B. from the Buffalo Law School in 1923. Halpern introduced an accelerated program � classes were continuous through the year, and an LL.B. could be obtained in 24 months, to offset potential military commission and leaves. � The GI Bill affected Law School enrollment. Of more than 200 applications for admission, 160 came from veterans. 1937 1913 The Law School moved into the third and fourth floors of the Third National Bank building, 275 Main St. (photo below). � George Niebank Jr. '50 was appointed as law clerk to U.S Supreme Court Justice Robe H. Jackson. Niebank was the first student in the Law Schoo to receive such an appointme � The Buffalo Law Review was established by five studen who worked under guidance Professor Charles W. Webste Those students included Dav Buch, Philip A. Erickson, Rob B. Fleming, Henry Rose and Burton B. Sarles, all member the Class of 1951. 1922 A freshman class of 167 was admitted � the largest class in the school's history at that time. The Law School received American Bar Association accreditation. 1947 Halpern was elected to the state Supreme Court and resigned as dean. Early 1950s 1939 � World War II began. � Dean Shea took a leave of absence to serve as assistant U.S. attorney general in Washington. Professor Mark DeWolfe Howe became dean. � The first legal clinic was esta lished by Professor Charles W Webster. The student-run 1926 William King Laidlaw joined the faculty. He taught commercial law courses until 1961. 1948 � Professor Louis L. Jaffe became the eighth dean, after serving as assistant dean. � The Law School began requiring all applicants to take the Law School Admission Test. 1929 57 percent of attorneys practicing in Buffalo had received a degree from the Law School. 1940s Two noted Austrian lawyers found refuge in Buffalo from Nazism and taught at the Law School: Arthur Lenhoff, once a member of the High Constitutional Court of Austria (he taught at UB from 1945 to 1957), and Adolf Homburger, who taught civil procedure from 1949 to 1977. 1949 � The old structure at 77 W. Eagle was leveled, and a larger building was constructed at a cost of $704,382. � The school newspaper, The Opinion, published its first issue. 1917 The Law School purchased 77 W. Eagle St. (photo, right) and remained there for over 50 years. The purchase price of the building was $45,000. Adelbert Moot and five others used their credit to make the purchase. 1930 1918 Carlos Alden helped found the Legal Aid Bureau and served as its president until 1950. The Great Depression began. Edwin F. Jaeckle '15 The Barristers' Ball was reinstated in 1958 after its suspension during World War II. 1950 � Jaffe resigned and the school was administered by Claude E. Puffer and Professor Jacob D. Hyman. 1936 Alden stepped down as dean, but continued to teach until 1954. 1945 World War II ended. Indigent Prisoner Defense Organization aided defendan charged with a misdemeanor Philip Halpern Louis L. Jaffe George N. Stevens Jacob D. Hyman William D. Hawkland 1940 1945 1950 1955 1960 Arguing a case in 1950 1951 Buffalo Law Review 75th anniversary in 1962 1951 George Neff Stevens was appointed as the ninth dean. Stephens stepped down in 1952 after being offered the deanship of the University of Washington School of Law. S. ert e ool ent. w nts e of er. vid bert 1951�52 The Student Bar Association was established, with M. James Tizzano '53 as its first president. 1960 Hyman set up the Annual Participating Fund for Legal Education, which asked for donations from alumni. rs of 1953 � Professor Jacob D. Hyman became the 10th dean. He stayed at the Law School for 42 years. � Professor David R. Kochery was added to the faculty. � Carlos C. Alden retired at age 88 after 50 years of teaching, including 34 years as dean. He was named professor emeritus, the first member of the faculty to receive this distinction. The Carlos C. Alden Fund was established with alumni donations to provide financial assistance to students of character and ability. abW. 1961 � Professor Louis A. Del Cotto '51 joined the faculty. � The Law School was nearly burned down when the adjacent Hutchinson Building went up in flames. The basement was flooded and more than 1,000 law volumes were ruined. � Hyman reProfessor energized the Joseph Law Alumni Laufer Association, and new directors and bylaws were enacted. � The first annual dinner of the alumni association occurred. Awards were presented to distinguished alumni in the fields of the judiciary (the Hon. Charles S. Desmond '20), public service (John Lord O'Brian '98) and private practice (Harry J. Kelley '20). and businessman Peter Abrams presented the Law School with the largest gift in its history, more than $200,000 to fund various activities. 1965 Milton Kaplan joined the faculty. 1964 1967 1957 Professors Joseph Laufer and Robert B. Fleming '51 were added to the faculty. 1962 � Merger with the State University of New York was announced on Sept. 2. 1958 � Professor Wade J. Newhouse Jr. was added to the faculty. � The Barristers' Ball was reinstated after its suspension during World War II. It was held at the Statler Hilton, and the cost was $6 per couple. 1963 � Professor Herman Schwartz joined the faculty. 8 nts or. � William D. Hawkland was Dean Hawkland became the appointed dean. first provost of the Faculty of � Professors Kenneth F. Law and Jurisprudence, Joyce and James B. under President Atleson joined the Meyerson's curfaculty. riculum plan � The Law School and changes. temporarily Mid-1960s moved to the Professor The Trial Prudential BuildKenneth Technique course ing. F. Joyce created by Adjunct � SBA President Dale Professor Maurice M. Volker '66 and the Frey '28 became a SBA petitioned prevalent part of Dean Hawkland the Law School and the alumni curriculum. president, Lawrence J. 1968 Schork '34, to Professor Robert I. Reis grant the J.D. James B. Atleson joined the faculty. degree at UB, the first professional 1969 degree in law. � Following Miranda v. Arizona, � A new grading system was adopted � H for honors, Q for Professor Herman Schwartz set qualified and U for unsatisfacup a criminal justice training program to update local law en- tory. Required courses were forcement groups on new court reduced from 25 to seven, and elective courses were expanded decisions. from nine to 27. � Alumnus Edwin F. Jaeckle '15 � Increased minority enrollment helped form a Buffalo chapter of the Black American Law Students Association and the Puerto Rican Law Students Association. A UB chapter of Phi Alpha Delta, the world's largest legal fraternity, was organized and named in honor of the school's fourth dean, Carlos C. Alden. � Barbara M. Sims '55 was named a lecturer. She was the first black member of the faculty. 1970 � Construction began on the new Amherst campus, providing the Law School with its own separate building and library. � Professor Wade J. Newhouse organized the Education Law Clinic. 1971 � Richard D. Schwartz, a sociologist and not a lawyer, was named the 12th dean of the Law School, reflecting the school's interdisciplinary character. Schwartz encouraged interdisciplinary courses and joint degree programs with the School of Management and the School of Social Services. � A dramatic increase in female enrollment began. Marjorie L. Girth joined the faculty as an associate professor and became the Law School's first tenured female professor. Richard D. Schwartz Thomas E. Headrick Wade J. Newhouse David B. Filvaroff 1965 1970 Deans Mark DeWolfe Howe, Philip Halpern, Jacob D. Hyman, Francis M. Shea and Louis L. Jaffe 1975 1980 1985 The Law � Elizabeth B. Mensch and Barbara Blumenthal joined the faculty. � The Jaeckle Center for State and Local Government Law was established with a gift from Edwin F. Jaeckle '15 and wife Erma H. Jaeckle '36. � The not-for-profit Buffalo Public Interest Law Program was incorporated. Headrick stepped down. � Under Professor and Clinical Legal Education Director Nils Olsen's direction, changes were made so that clinicians could be awarded tenure, have contract renewal possibilities and rights to vote. � The Magavern family donated $100,000 to the Law School to support faculty teaching and research projects. � On Sept. 9, inmates riot at Attica state prison. 1972 A judicial clerkship program was inaugurated. 1973 � A clinic designed to solve women's legal problems was offered in the spring. � By the fall term, a new building was ready for occupancy and was named for John Lord O'Brian. The moot courtroom was dedicated in honor of Dean Alden and the library was named in honor of Hon. Charles B. Sears. � New faculty hires included colleges. Buffalo Law School was designated the law center for the Sea Grant program under the direction of Professor Robert Reis. � The Buffalo chapter of the National Lawyers Guild was formed. S. Konefsky, Virginia A. Leary, R. Nils Olsen Jr. and George L. Priest. Minority faculty were hired including Charles E. Carr and Judith Scales-Trent. � Headrick referred to the Law School's progressive curriculum as the Buffalo Model. 1981 � The Dean's Club was established for those who contributed more than $500 to the Law School annually. � Faculty additions included Guyora Binder, David M. Engel, Charles P. Ewing, Alan D. Free- 1990 1986 � SBA voted to support the revival of the Advocate, the Law School yearbook. � Professor Wade Newhouse became dean. � Virginia A. Seitz, a 1985 1978 � The first annual Law Revue was performed at Talbert Hall, featuring revues, skits, solos and a chorus. �AC Chap Alba � The Forc � Ant the f 1975 � Enrollment reached 800, the maximum for the new building. � Two experimental clinical programs were initiated: the Simulated Law Firm and the Civil Law Clinic. � Lee Albert joined the faculty. Left to right: M. Robert Koren '44, President Steven B. Sample, Dr. Robert Baker and Dean Thomas E. Headrick at dedication of the M. Robert Koren Clinical Legal Education Center in 1984 Professors John Henry Schlegel, Janet S. Harring (Lindgren), L. Thorne McCarty and Barry B. Boyer. Professor Errol E. Meidinger Celebrating 100 years of women, in 1999 U.S. Suprem Scalia with A Ilene R. Fleis 1976 1974 � The first Albert R. Mugel Moot Court Tax Competition was held. It was organized by Professor Kenneth Joyce and included seven law schools. � The U.S. Department of the Interior designated SUNY and Cornell University as Sea Grant � The first alumni convocation and Edwin F. Jaeckle Award presentation took place on May 21 under the chairmanship of James B. Denman '65. Edwin F. Jaeckle '15 was the first recipient. � Dean Schwartz stepped down to pursue teaching and research. Thomas E. Headrick was named the 13th dean. � Former Professor Adolf Homburger, who wrote the New York long-arm jurisdiction statute and the first workable class-action statute, died unexpectedly. � Robert Berger joined the faculty. man, George Kannar, Isabel Marcus, Errol E. Meidinger, Frank W. Munger and Robert J. Steinfeld. � The Entertainment Law Society was formed. alumna, became the first female graduate to clerk for a U.S. Supreme Court judge, Justice William Brennan. 1991 1987 � David B. Filvaroff was appointed as 15th dean. � Lucinda Finley joined the faculty. � On Sept. 11 and 12, the Law School celebrated its 100th anniversary. The form (Gra 1992 1983 Dianne Avery joined the Law School faculty. 1980 � The first annual Spring Run, a 2.3-mile course on the Amherst campus, was held. � Associate Dean William R. Greiner took a position as the University's associate vice president for academic affairs. 1985 � The M. Robert Koren Center for Clinical Legal Education was dedicated. � Associate Dean Schlegel became acting dean when �An Buffa Socia � Bar the 1 1977 � Several faculty additions included Philip Halpern, Alfred 1989 Stephanie L. Phillips joined the faculty. 1994 Profe revam and W Barry B. Boyer R. Nils Olsen Makau W. Mutua 1990 1995 2000 2005 2010 e Dalai Lama addressed attendees at a w School conference. Legal education experts gathered to help chart a course for the school's future. Kim Diana Connolly was hired to direct the Clinical Legal Education Program. 2009 � Professor Isabel Marcus accompanied law students to Bosnia, Serbia and Kosovo to study the rule of law. � The Cellino and Barnes Conference Center was named in recognition of the two alumni's $1 million gift to the Law School. � The Virginia Leary Human Rights Fellowship was established in her honor. 0 1995 � Dennis C. Vacco '78 became New York State attorney general. � "Bridge courses" were introduced; lawyers and judges began to teach practical courses during January. � Susan V. Mangold, Martha T. McCluskey, Teresa A. Miller, Makau W. Mutua and James A. Wooten joined the faculty. Capital District Alumni pter was established in any, N.Y. e Domestic Violence Task ce was formed. thony H. Szczygiel joined faculty. 1996 � The Dean's Advisory Council was established. 1998 � R. Nils Olsen Jr. became the 17th dean of the Law School. � The first-floor student lounge was renovated. � David A. Westbrook joined the faculty. � The new courtroom was named in honor of Francis M. Letro '79 in recognition of his $1 million gift to the Law School. Federal Magistrate Judge Hugh B. Scott and state Supreme Court Justice Ralph Boniello presided over jury trials in the Letro Courtroom. � The L.L.M program was developed. � Professor Charles Patrick Ewing was named a SUNY Distinguished Service Professor. � U.S. Supreme Court Justice Antonin Scalia spoke to alumni. 2006 � The Dalai Lama spoke at the first Law School Conference on Law and Buddhism. � Eugene F. Pigott '73 was appointed to New York's Court of Appeals. � An extensive project was undertaken to renovate the conference facilities on the fifth floor of O'Brian Hall. � The New York City Program in Law and Finance was initiated. 2010 � Kim Diana Connolly was hired to direct the Clinical Legal Education Program. � The Bridget and Thomas Black Professorship was established with a $1 million gift from Bridget and Thomas E. Black Jr. '79; he is chair of the Dean's Advisory Council. � The Margaret W. Wong Immigration Professorship and the Margaret W. Wong Scholarship were established with a $1.5 million gift from Margaret W. Wong '76. me Court Justice Antonin Alumni Executive Director schmann 2004 2000 � The Law School launched its first capital campaign. 1 Law Alumni Association med the GOLD Group aduates of the Last Decade). 2001 � Housing for law students was built at Flint Village. � The first issue of the Buffalo Intellectual Property Law Journal was published. � Athena D. Mutua joined the faculty. 2 new journal, Circles (now the alo Journal of Gender, Law & al Policy) was developed. rry B. Boyer was appointed 16th dean. � Elizabeth B. Mensch '79 and 2011 Professor David M. Elizabeth B. Thomas E. � Guyora Binder and Engel were named Mensch '79 Black Jr. '79 James A. Gardner were SUNY Distinnamed SUNY Distinguished Professors. � Mark Bartholomew joined the guished Professors. � The William R. Greiner � The Louis A. Del Cotto Profesfaculty. Scholarship Fund was sorship in Tax and Finance was � The Immigration Law Clinic established. established with a $500,000 gift and the Environment and � James G. Milles joined the Development Clinic were added from Brian Baird '83 and other faculty. former students. to the curriculum. 2005 � Two new dual-degree programs were introduced: Law and Urban Planning, and Law and Pharmacy. � Lucinda M. Finley was appointed as UB's vice provost for faculty affairs. 2008 � Makua W. Mutua was named the 18th dean of the Law School. � Professor Engel created a bridge course taking law students to Thailand. 2012 � The Law School hosted a panel of legal education experts to help chart a course for the future. 4 2002 � New professors included Rebecca French, James A. Gardner and Lynn Mather. fessor Lucinda Finley mped the Legal Research Writing program. 8 125 years of innovation in legal studies A leader in legal thought For 125 years, the work of SUNY Buffalo scholars has shaped the legal landscape H ow has the work of SUNY Buffalo Law School scholars changed the rarefied intellectual world of legal scholarship? For an appraisal, we turned to the eminent legal historians already in-house who compiled a list of 10 events and movements that have made a difference � in the Western New York legal community, but also increasingly, as the Law School has gained in regional, national and global reputation, in ways that reached far beyond Buffalo. "Of necessity, the list excludes the past decade or so, in which much intellectual ferment has taken place but for which the judgment of history will have to wait," says SUNY Distinguished Professor Guyora Binder. But it includes many developments that continue to resonate today. 2. Dean Francis M. Shea and his Harvard 3. Establishment of the Mitchell Lecture. 4. Founding of the Buffalo Law Review. 5. Establishment of the Mugel Tax Competition. SUNY Buf- 1. Establishment of the Buffalo Law School. At the time of the school's founding in 1887, law was very much a craft that aspiring attorneys learned by apprenticing themselves to a practicing member of the bar. The system worked well enough for its time. But a handful of visionaries, seeing the limitations of law office training and acknowledging the presence of rigorous law schools in other cities, set out to change the landscape for legal education in Western New York. A dozen members of the bench and bar are credited as the founders of the Buffalo Law School � and among them, only three had themselves graduated from a law school. In a break with the tradition of the all-male bar, the Class of 1899 included two female graduates. recruits come to Buffalo. Shea, the Law School's fifth dean, served from 1936 to 1939, amid the gathering storm of World War II. Shea hired a contemporary of his from Harvard Law School, Louis L. Jaffe, then added two more Harvard graduates, Mark DeWolfe Howe and David Riesman Jr. Some began calling the school "Little Harvard." This nexus of faculty was familiar with the lessons learned from American Legal Realism � which recognized the sharp moral, political and social conflict that undergirded the creation and administration of the legal system � and the New Deal economics of President Franklin D. Roosevelt. The Law School continues that emphasis on understanding law in the context of its sociopolitical environment. The James McCormick Mitchell Lecture is the signature lecture at SUNY Buffalo Law School. Endowed in 1950 by a major gift from Lavinia A. Mitchell in memory of her husband, Class of 1897, the lecture has been a forum for showcasing nationally important legal scholars and ideas in the Buffalo legal community. Speakers have included Irene Khan, C. Edwin Baker, Derrick Bell, Barry Cushman, Carol Gilligan, Elizabeth Holtzman, Stewart Macaulay, Catharine MacKinnon, Carrie MenkelMeadow, Richard Posner and Clyde Summers, among many others. For a complete list of lecturers, go to law.buffalo.edu/ Mitchell.asp The student-edited Law Review published its first issue in the 1950-51 academic year, assembled by five members of the Class of '51. It featured 18 student case notes and an article by former Dean Louis L. Jaffe titled "Res Ipsa Loquitur Vindicated." Today the Law Review staff publishes five issues each year, providing a forum for significant scholarship and affording its student editors valuable learning experiences in legal scholarship. falo Law School has a long history of excellence in tax law, and the Albert R. Mugel National Tax Moot Court Competition � named for the longtime Law School professor � was one of the first specialized national moot court competitions. Each year, law students from across the nation come to Buffalo to present their written and oral arguments on cuttingedge federal tax law issues in this prestigious competition, now more than 30 years old and one of the cornerstones of the Law School's rigorous tax law curriculum. Louis L. Jaffe David Engel S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 9 6. Founding of the clinical program. The 7. Law and Society comes to Buffalo. The 8. Establishment of the Baldy Center. The 9. Birth of the Buffalo Model law school. current emphasis on hands-on learning that produces practice-ready attorneys has a long provenance at SUNY Buffalo Law School, and a special place in that history belongs to the school's clinical program. One of the first education law clinics in the nation found its home at the Law School, to be followed by other innovative clinics that combined practical education and service to the community. Some of the Law School's clinics, now numbering more than a dozen, have drawn national and international recognition for their work on, for example, the problem of domestic violence. Law and Society movement in legal scholarship studies the place of law in social, political, economic and cultural life. Five current or former faculty members have been president of the international Law and Society Association (including David Engel below left), and three have served as editor in chief of the Law & Society Review. The movement is a key part of the Law School's focus on interdisciplinary scholarship that incorporates academic expertise beyond black-letter law. More than one-third of the faculty have earned Ph.D.s as well as J.D.s Baldy Center for Law & Social Policy was created in 1972 with a generous endowment from the estate of Christopher Baldy, a 1910 graduate of the Law School. The Baldy Center is the Law School's premier vehicle for fostering interdisciplinary scholarship on law, legal institutions and social policy, including research, teaching and curriculum development. More than 150 UB faculty members from numerous departments participate in Baldy Center research, conferences, working groups and publications. The Baldy Center also hosts distinguished scholars from around the world as visitors, speakers and conference participants. There's a continuous tension among those who study legal education over the pedagogical methods that make the best lawyers. The so-called Buffalo Model � home-grown at the Law School � has emerged as an innovative and highly effective approach. The model, which began to take form in the mid-1970s under the deanship of Thomas E. Headrick, moved the Law School's curriculum in directions that took advantage of the multidisciplinary ethos of the school and focused on the increasing complexities of law practice. 10. Critical Legal Studies comes to Buffalo. Theorists of the Critical Legal Studies method apply the methods of semiotic deconstruction to law scholarship. The movement emerged in the late 1970s and has spawned offshoots including critical race theory. Buffalo became one of the first centers for CLS scholarship outside of the two law schools with which this important movement in legal thought was associated. Athena Mutua Thomas E. Headrick Alfred Konefsky John H. Schlegel Albert R. Mugel 10 125 years of innovation in legal studies Notable faculty A long parade of distinguished teachers and scholars from years past O ver a century and a quarter, a long parade of distinguished teachers have brought both wisdom and knowledge to their students at what is now SUNY Buffalo Law School. Many have riveting life stories � experiences that intersected with their teaching and scholarship in sometimes surprising ways. Here are a few of the notable faculty from years past. Born to parents who had moved from Germany to Czechoslovakia in 1933, Professor Thomas Buergenthal grew up in the Jewish ghetto of Kielce (Poland) and later in the concentration camps at Auschwitz and Sachsenhausen. (His memoir of that upbringing, A Lucky Child, has been translated into more than a dozen languages.) A specialist in international law and human rights law, Buergenthal served in the early 2000s as a judge on the International Court of Justice at The Hague. He currently teaches at George Washington University Law School. Human rights had no greater friend than Virginia Leary, who taught at the Law School for 19 years and retired in Mark DeWolfe Jacob D. Hyman, Louis L. Jaffe, 1995 as a DistinHowe served as the well-remembered by who joined the facul- guished Service ProLaw School's sixth those he taught or ty in 1936 and served fessor. In a sense her dean, 1941 to 1945. mentored during his from 1948 to 1950 as life came full circle in After graduating 54 years of associathe Law School's Geneva, Switzerland, from Harvard with a tion with the Law eighth dean, was a where she earned a bachelor of laws de- School, served as the leading scholar of doctoral degree from gree, he clerked for school's 10th dean, administrative law. the Graduate InstiU.S. Supreme Court from 1953 to 1964. He was a clerk to Jus- tute of International Justice Oliver WenHyman practiced in tice Louis D. BranStudies, and where dell Holmes (he later his uncle's New York deis of the U.S. she retired. As a piowrote a two-volume City law firm, then Supreme Court. neer in teaching and biography of the jus- worked at the federal Jaffe's analysis of the scholarship in hutice), then practiced Department of Larole of courts in the man rights law, Leary law in Boston. Earlier bor and the Office of review of adminiswas long a leader in in his life he had tak- Price Administratrative agencies, par- international law and en a turn in Hollytion, before deciding ticularly the Federal served on the Execuwood, serving as a to enter academia. Communications tive Council of the second assistant diHis teaching and Commission, gained American Society of rector for Paramount scholarship centered him national recog- International Law. In Pictures, where he in the areas of adnition. The U.S. 2009, the Law School worked on movies ministrative law, Supreme Court fre- established the Virstarring Jimmy Du- constitutional law, quently cited his ar- ginia Leary Human rante and Fred Allen. jurisprudence, and guments and posiRights Fellowship in He wrote extensively state and local govtions on the scope her honor. on questions of con- ernment law. He was and nature of judicial stitutional law, paralso active in civic or- review of agency deticularly on church- ganizations, served as cisions. A graduate of state relations. a labor arbitrator and Harvard Law School, maintained an unJaffe returned to the ceasing advocacy for school in 1950 and equal opportunity at taught there for 27 all levels of educayears. tion. Professor Thomas Buergenthal Mark DeWolfe Howe Francis M. Shea Albion W. Tourgee Louis L. Jaffe Louis A. Del Cotto S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 11 David Riesman Jr., an attorney and Francis M. Shea, fifth dean of the Law sociologist who School (1936-39), joined the faculty in came to Buffalo from 1937, gained fame Harvard Law School with the publication and immediately of his co-authored began to recruit book The Lonely his faculty friends Crowd: A Study of the from that august Changing American institution. Under his Character in 1950. deanship, the law "The book generated library was expanded academic debate, op- by 6,300 volumes position and occaand the moot court sional derision," not- program was ed The New York expanded. Following Times. "Its champihis deanship, Shea ons considered it a joined the brave and unusual administration of effort to define the President Franklin D. shifting relationship Roosevelt as assistant between the general attorney general culture and individ- heading the Claims ual behavior." RiesDivision (now the man, who also wrote Civil Division) in the a dozen other books, Department of also taught at the Justice. He personally University of Chica- argued over 50 cases go and at Harvard. before the Supreme Court and other federal courts. Christopher G. Tiedeman was the Albion W. Tourgee, the first third dean of the Law School (1902-03) and the first to hold down the post full time. Tiedeman was only 45 when he came to Buffalo. But he was no novice when it came to legal education, having taught already for 10 years at the Missouri Law School and for six at NYU. Tiedeman was a conservative legal scholar who was part of the group known as the "laissez-faire constitutionalists"; they defended a naturalrights "hands off" approach to interpreting the Constitution. Unfortunately, he died suddenly in 1903. But even at that early age he had published seven fulllength treatises, two textbooks, more than 20 articles and a major centenary reconsideration of the Constitution. professor of legal ethics at the Law School, was a colorful character whose career included stints as a Union soldier in the Civil War, a lawyer, judge, novelist and diplomat. He represented the plaintiff in the infamous 1896 Supreme Court case Plessy v. Ferguson, which upheld the doctrine of "separate but equal" in racial segregation. He was wounded at the First Battle of Bull Run and held as a prisoner of war in Richmond, Va., until 1863. As an activist Republican in North Carolina, he successfully advocated for equal political and civil rights for all citizens; ending property qualifications for jury duty and office holding; popular election of all state officers, including judges; free public education; abolition of whipping posts for those convicted of crimes; judicial reform; and uniform taxation. "The consummate teacher," one former student wrote of Louis A. Del Cotto '51, who over more than 40 years introduced generations of Law School students to the vagaries of tax law. Del Cotto and Professor Kenneth Joyce were the heart of the school's tax program for decades. He specialized in tax matters as a partner in the law firm of Jaeckle, Fleischmann, Kelly, Swart and Augspurger, and later joined the Buffalo law firm of Kavinoky and Cook as tax counsel. Considered a top tax authority in New York State, he was expert in the intricacies of the tax code, statutes and regulations. He also published many scholarly articles on tax matters. He was also an accomplished musician on the classical and jazz guitar, piano and mandolin. In 2011, the Louis A. Del Cotto Professorship was established, primarily by Brian Baird '83. Virginia Leary David Riesman Jr. Christopher G. Tiedeman Jacob D. Hyman 12 125 years of innovation in legal studies Many places to call home From the heart of the city to suburban Amherst "H ome is where one starts from," said the poet T.S. Eliot, and for Buffalo's law school, that has held true through a series of physical locations, from the heart of the city's legal district to the expansive building it now inhabits in Amherst. The very first lectures of the Buffalo Law School came in a small, plainly furnished room in a downtown Ellicott Street building, between Broadway and Clinton Street, on a site now occupied by the Buffalo & Erie County Public Library. The classes shared space in that building with the old Niagara Medical School. Another move came in the fall of 1893, when the Law School moved to the upper floor of the Stafford Building, at 158 Pearl St., a block from Niagara Square, now the site of the Edward A. Rath County Office Building. Three years later, in 1896, the school moved to the ornate 50 years. The initial building had two classrooms, a few faculty offices and a small library on the third floor. The initial lease agreement came with an option to purchase the building, and within three years the Third National Bank school had decided to Building, 275 Main St. do so, for the thenat Swan Street. But the princely sum of school's continuing $45,000. Its benefacgrowth made a larger tors, led by Adelbert and more permanent Moot, exercised their home necessary, and in personal credit to 1917 Buffalo Law took make the purchase up residence in the for- possible, alumni and mer Hoyt Mansion at friends of the school 77 W. Eagle St., where raised the money it would remain through contributions, (though the original and by 1921 the Unibuilding would be versity of Buffalo razed and rebuilt) for owned the building more than free and clear. When class sizes burgeoned in 1923, The Law School adjoined the library, and students were given free access to its resources. The next move came in 1913, when the Law School moved into the third and fourth floors of the That first Law School home lasted only a year, for in 1888 the school moved to a room in what was called the Buffalo Library Building, on Clinton Street. History records that the Law School agreed to pay $100 rent for the academic year (later increased to $150), provide its own seating and reimburse the library for cleaning costs. It was in the lecture room of this building that the first Commencement ceremonies were held, on May 29, 1889. The school would remain at the Buffalo Library until 1893. Students relied on the library of the Eighth Judicial Court for their research materials. Ellicott Square build- ing, which had just opened. One of the largest and most ornate office buildings in America at the time, it had additional appeal because it was also home to Bang's Law Library, a significant private collection owned by the Ellicott Square Co. some lectures were given in Townsend Hall, at the corner of Delaware Avenue and Niagara Square. But the Eagle Street building remained, as one report put it,"intolerably overcrowded." The advent of the Depression and World War II ameliorated the crowding somewhat, but when a wave of returning GIs threatened to overwhelm the facilities beginning in 1946, something had to be done. Classes were shifted temporarily to Townsend Hall, and a new three-story structure was built at 77 W. Eagle St. It would have a library with 20-foot ceilings, faculty and Bar Association offices on the second floor, three classrooms and administrative offices on the first floor, and in the basement, a student lounge and locker rooms. The project � which cost $704,000 Buffalo Library Building, 1888 Ellicott Square, 1896 S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 13 including furniture, fixtures, equipment, and new books for the larger library � was dedicated on Oct. 21, 1949. T he building served well for a decade, but by 1960 the University Council had decided new facilities were in order. The case was bolstered by a fire in the neighboring Hutchinson Building, occupied by a floor-covering business. Burning debris from the taller building fell onto the tar roof of the Law School. Firefighters' hoses saved the school building but flooded the basement, ruining many records and more than 1,000 law volumes. Under Dean William D. Hawkland in the late 1960s, a detailed prospectus known as the SevenYear Plan projected the growth of the Law School and called for a new, separate building. Debate centered around its location: on the University's Main Street campus or on the proposed new campus in the wilds of Amherst? Hawkland and the faculty were alarmed by a preliminary blueprint that called for the Law School to be housed in a large complex on the Main Street campus along with the other professional schools of medicine, pharmacy, dentistry and nursing, with a common library. The new Law School, they argued, must be in a separate building with its own library. So Amherst it was, and has been ever since. While John Lord O'Brian Hall � the first building on what is now known as the North Campus � was being built, the Law School rented space in the historic Prudential Building, at Pearl and Church streets. The new building had its cornerstone ceremony on May 11, 1971, with Manly Fleischmann '33 as the principal speaker. Sealed inside the cornerstone capsule were copies of the 1970-71 school catalog, a selection of current coins and a copy of the Buffalo Evening News Almanac. When the fall term began in 1973, the building was ready to go. K enneth B. Forrest '76 tells what it was like in those early days in O'Brian Hall: "I was part of the first class to attend the school in a new building on a new campus. I pulled up, and in front of me I saw the world's largest vacant lot. This was 1,200 acres of a construction site with two buildings, a dorm and a law school, and there was a rope so you wouldn't get blown away walking from one to the other. I looked at this huge, empty, vast, pretty disgusting-looking expanse, and I said to myself, what exactly did you do?" Many of those early students remember sitting on the floor, chairs being in short supply; and the law library lacked much of its furniture because of a fire at the factory. Through the years since then, occasional renovations have addressed such issues as a severely leaking roof in the early 1980s. But the most dramatic improvements have come recently, with the opening of the elegant Francis M. Letro Courtroom in 2001, and in 2011 with major renovations to O'Brian Hall's first floor, including a new student lounge, main entryway area, and ac- couterments like new benches, handicapped-accessible restrooms, display cases for faculty scholarship and student moot court trophies, and two flat-screen information monitors. Those renovations come on top of major retrofitting of half of the Law School's classrooms to enable the use of teaching technologies such as PowerPoint, video and Internet presentations. It all comes down to making the best possible environment for legal studies � something that for generations has made Buffalo Law a place to call home. Third National Bank Building,1913 Hoyt Mansion, 1917 77 W. Eagle St., 1949 John Lord O'Brian Hall, 1971 14 125 years of innovation in legal studies Sisters in law Accomplished women are the rule, not the exception Lillian E. Cowan '27 Hon. Mary Ann Killeen '52 Hon. Ann T. Mikoll '54 I n the beginning, men dominated the bench and bar. Only with the advent of the women's liberation movement in the 1970s did the Law School see more than a handful of women in any one class. But a look back over 125 years of innovative legal education shows that accomplished and pioneering women have been the rule, not the exception, at Buffalo's Law School. That legacy began with the school's first two women graduates, both members of the Class of 1899 � Helen Z.M. Rodgers and Cecil B. Wiener. Rodgers, daughter of a prominent New York City family, entered the Buffalo Law School shortly after marrying at age 20. "Fortunately," she said, "I have no housekeeping habits to overcome. I do not believe that a woman can take care of her house herself and work seriously at her profession. Therefore, I always hire experts to manage my home for me, and then apply myself to be an expert in law." In addition to her private practice, Rodgers dabbled in politics and activism, among other issues pushing for women's right to sit on juries: "It would be a good thing � if only to protect the men. You know, if a young, pretty and flirtatious woman is concerned in a suit, the men often decide the case with little regard to justice." And she was known as a tough adversary. John Lord O'Brian, former U.S. Attorney for the Buffalo district, once said he would rather try a case against almost any other lawyer in Buffalo than against Rodgers, About 43 percent of the school's full-time faculty members are women, and women hold important roles in the Law School staff and administration. only 25 years old when No sampling can she was appointed a do justice to the deputy attorney gener- achievements of al in New York State's women through the Fraud Prevention Bu- Law School's long hisreau; Winifred C. Stan- tory. But no celebraley '33, Erie County's tion of sisters in law first female district at- would be complete torney and elected to without a mention of Congress in 1942; and the following accomCarol McCormick plished graduates: Smith '45, the first feLillian E. Cowan '27 male lawyer to serve on practiced law until four the United Nations le- years before her death, gal staff and director of at age 102, in 2010. Cecil B. Wiener and Helen Z.M. Rodgers. psychological warfare One of three women in because she had beaten their governments?" for the Central Intelli- her class, she was the him before more juries she asked. At the same gence Agency. 45th woman to graduthan any other lawyer time, her views on the Still, only a handful ate from UB Law in the city. "modern girl" reof female faces dotted School, which has since Four years after her mained conservative: the Law School's class- produced more than graduation, Wiener "I think the modern es � until 1971, when 4,000 women graduwrote in an article, girl is all right. Her the entering class of ates. In 1999, the Law "One can be a school- danger lies in her incli- 609 students included School honored Cowteacher, a clerk, a physi- nation to express her- 63 women. That jump an at Commencement cian, an architect or self, rather than acreflected both a minor- ceremonies during a something else, but to knowledging duty and ity recruitment procelebration of "100 me, the law affords the obligation. If she is go- gram that drew in Years of Women at UB greatest fascination. I ing to express herself, women as well as Law"; she was cited as a think there is a great she must be sure first members of racial mi- role model for new law opportunity for a that she has something norities, and the graduates entering the bright, independent to express." broader societal trend profession. woman in becoming a Her greatest success of the nascent feminist Hon. Mary Ann Killeen '52 worked in lawyer. One requires came to Wiener in movement. Within a mental ability, but per- 1932 when she was few years parity was private practice with a severance and constant elected Erie County's well on its way; the Law large firm before winstudy are certain to first female judge. School in 1975 count- ning a seat on the Bufbring reward." Those pioneering ed 215 women among falo City Court bench, Wiener worked women were followed its 800 students. then serving as an Erie with fervor for by other notables, inToday women County Family Court women's suffrage."As cluding Madge T. Tag- make up half or maybe judge."It wasn't easy," gart '20, the first female even more of each en- she recalls of her days long as women aren't idiots or imbeciles, judge of the Buffalo tering class, and exerin practice."You get a why shouldn't they City Court; Marie T. cise leadership roles in little cynical when you Scalzo '24, who was vote and take part in all areas of student life. are told by a partner in S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 15 Maryann Saccomando Freedman '58 Hon. Rose H. Sconiers '61 Hon. Cynthia M. Rufe '77 Denise E. O'Donnell '82 Virginia Seitz '85 Sara Horowitz '89 your law firm, quote, `Over my dead body will there be a woman partner in this office.'" Hon. Ann T. Mikoll '54 was the first woman appointed to the Appellate Division of the state Supreme Court. She retired as senior associate justice of that division in 1999. As an attorney, Mikoll served as corporation counsel for the City of Buffalo. She then spent 14 years as a Buffalo City Court judge, and was twice elected to the State Supreme Court, in 1971 and 1985. She also served on the Law School's Dean's Advisory Council. in 2001, following 36 years of distinguished service. After working in a law partnership with her husband, Varkis Baligian, she went on to become the first female Niagara Falls City Court judge. The Law School awards an annual scholarship bearing the names of Koshian and her husband. Hon. Rose H. Sconiers '61 serves on once said. The Appellate Division courthouse in Rochester is named in her honor. Hon. Cynthia M. Rufe '77 is a U.S.Dis- the New York State Supreme Court, Appellate Division, Fourth Department, in Buffalo. Sconiers previously was a Buffalo City Court judge, executive attorney of the Legal Aid Bureau of Maryann SaccoBuffalo, and assistant mando Freedman '58 corporation counsel was the first female for the City of Buffalo. president of the New A past president of the York State Bar Associa- SUNY Buffalo Law tion and the Erie Alumni Association, County Bar Associashe also has served on tion. She is also a forthe Dean's Advisory mer director and presi- Council. dent of the New York Hon. M. Dolores State Bar Foundation. Denman '65 stepped She has served as an as- down as presiding jussistant state attorney tice of the state general and as a matri- Supreme Court Appelmonial referee in state late Division, Fourth Supreme Court. Freed- Department, shortly man, who has been before her death in widely active in public 2000. She previously service, is of counsel served as a Buffalo City with Cohen & LomCourt judge for five bardo in Buffalo, years, after serving as a where she maintains a top prosecutor in the general civil practice. Erie County district atHon. Jacqueline M. torney's office."I have Koshian '59 stepped had great opportunidown from the state ties and I have loved Supreme Court bench every minute of it," she trict Court judge for the Eastern District of Pennsylvania, in Philadelphia. A Philadelphia native, Rufe joined the court in 2002 after being nominated by President George W. Bush. She began her legal career as a public defender and in private practice, before being elected to the Bucks County Court of Common Pleas, where she served for eight years. A former president of the Law Alumni Association, Hon. Barbara Howe '80 also serves as a member of the Law School's adjunct faculty. Her service on the bench includes Buffalo City Court and state Supreme Court, and in 2003 she became the first woman elected Erie County surrogate judge. She also retains close ties to UB's Department of Sociology, where she was teaching when she decided to enter law school. Besides private practice, Denise E. O'Donnell '82 has served in government positions at all levels. Currently she directs the Bureau of Justice Assistance, part of the federal Department of Justice; the bureau helps local and state justice agencies with grant administration and criminal justice policy. Previously, O'Donnell held Cabinet roles in the administrations of two New York governors and served as an assistant U.S. attorney. She has long been active in the Law School. Virginia Seitz '85, Some female firsts � First editor in chief of the Buffalo Law Review: Josephine Y. King '65 � First African-American Law School graduate: Barbara Merriweather Sims '55 � First Student Bar Association president: Rosemary Gerasis Roberts '76 � First tenured professor: Marjorie Girth � First African-American professor: is an assistant attorney general who heads the Office of Legal Counsel in the Department of Justice. Previously she worked in the Washington, D.C., office of the law firm Sidley Austin LLP. Seitz is a former clerk for Judge Harry Edwards of the U.S. Court of Appeals for the D.C. Circuit, and for U.S. Supreme Court Justice William Brennan. Sara Horowitz '89 Judith Scales-Trent � First winner of the Jaeckle Award: M. Dolores Denman '65 � First president of the Erie County Bar Association: Maryann Saccomando Freedman '58 � First federal court judge from the Law School: Melanie L. Cyganowski '81 � First U.S. Attorney: Denise E. O'Donnell '82 � First U.S. Supreme Court clerk from the Law School, and now first assistant attorney general: Virginia A. Seitz '85 � First woman appointed to the Appellate Division of the state Supreme Court: Hon. Ann T. Mikoll '54 is executive director of Working Today, an organization she founded in 1995 to meet the needs of freelance workers for benefits such as health insurance and retirement savings plans. Previously, she was a labor attorney in private practice and a union organizer with 1199, the National Health and Human Service Employees Union. Hon. Barbara Howe '80 and Hon. M. Dolores Denman '65 16 125 years of innovation in legal studies The lives behind the names A who's who of the names you see on campus T hey see the names every day, but even habitu�s of the Law School's current home on the University at Buffalo North Campus may not be able to connect the names around the building with the lives they represent. Be your own tour guide! Here's a brief who's who: The Baldy Center during his first presidential run. Charles S. Desmond Moot Court John Lord O'Brian Law Library: Sears, a Hall: An 1898 graduate Harvard Law gradu- of the Buffalo Law School, O'Brian was based in Washington, D.C., and advised six U.S. presidents. One of the nation's foremost constitutional lawyers, he successfully defended the constitutionality of the Tennessee Valley Authority before the U.S. Supreme Court. He served as national chair of endowment at Harvard Divinity School, worked as a U.S. Attorney for Western New York and acted as a University at Buffalo trustee from 1903 to 1929. Ironically, he was the keynote speaker at the dedication of the old Law School site on Eagle Street. Charles B. Sears Competition: Chief judge of the New York for Law & Social PoliEdwin F. Jaeckle State Court of Appeals ate, had a long career cy: Christopher Baldy Award: A successful from 1960 to 1966, in practice and on the was a Buffalo native lawyer in private prac- Desmond graduated bench. After two who graduated from tice and a founder of from the Law School in decades in private the Law School in 1910 Jaeckle, Fleischmann & 1920. After working in practice in Buffalo, in- and retained a lifelong Mugel, Jaeckle also private practice, he was cluding a term as pres- affinity for his alma served as New York appointed to the state ident of the Erie mater. One of the orig- State Republican Party Supreme Court in JanCounty Bar Associainal partners in the chairman and helped uary 1940 � at age 44, tion, he was appointed Buffalo firm that bebuild the party into a he was the youngest to the state Supreme came Phillips, Lytle, powerhouse during person to serve on that Court, was elected Hitchcock, Blaine & the 1930s. He selected court � then elected to twice to the court, and Huber, he was a distin- New York City District his own terms in Noserved as presiding guished practitioner Attorney Thomas E. vember of that year justice of the Appellate with a lifelong interest Dewey as the Republi- and in 1954. After retirDivision beginning in in legal education. can candidate for gov- ing from the bench, he 1927. Sears lost an During his long and ernor. Dewey won the lived as a gentlemanelection to the state successful career he race and served three farmer in Eden, N.Y., Court of Appeals, but was an active member terms as governor; resumed his private then was appointed to of the UB Alumni As- Jaeckle is credited with practice and taught apthe state's high court sociation, and a mem- helping lift him onto pellate advocacy at the in 1940 to fill a vacan- ber of the University the national stage. Law School. cy. His term lasted Council from 1950 to Dewey later waged two Albert R. Mugel only that calendar year 1959. With a $1.5 mil- unsuccessful camNational Moot Court � by December he had lion gift to the Univer- paigns for the White Competition: Mugel reached the mandato- sity, Baldy became a House in the 1940s. spent a lifetime pracry retirement age of major UB benefactor, Jaeckle was Dewey's ticing and teaching law 70. and Baldy Hall is campaign chairman in a city he loved. He named for him as well. Above, Francis M. Letro Courtroom Right, John Lord O'Brian Hall S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 17 was a dean of the Buffalo legal profession and a founder of Jaeckle, Fleischmann & Mugel, one of the region's largest law firms. He concentrated his practice in income, estate and gift taxation; estates and trusts; future interests; and estate planning. A fulltime professor in the late 1940s, he was an adjunct law professor since 1955 until his death in 2003. Francis M. Letro and is also the chair of the UB Foundation. A family tragedy during his childhood � and the actions of the heroic lawyer who won a settlement for them � inspired Letro to study law, and because he enjoyed observing trials while attending the Law School's downtown location, he wanted to recapture that experience for future generations of students. Courtroom: So named by the UB Council in recognition of a $1 million gift by Letro, a member of the Class of 1979. Letro, a renowned Buffalo trial lawyer, serves on the Dean's Advisory Council, is a cochair of the current Campaign for SUNY Buffalo Law School Anna Marie Cellino '81, and father, Ross Cellino Sr. '56, also are SUNY Buffalo Law School graduates. Said Barnes: "We thought about it, and we both realized that we owe our careers to the Law School. It's so important, not only to us but to our community." The Thomas Bremer Faculty Lounge honors Thomas R. Bremer '79, retiredsenior vice president and Cellino & Barnes general counsel of U.S. Conference Center: Surgical Corp. in NorPerhaps the bestwalk, Conn. An emeriknown names in Buf- tus member and forfalo personal injury mer chair of the Dean's law, Ross M. Cellino Jr. Advisory Council, Bre(Class of 1982) and mer made a major gift Stephen E. Barnes in 2006 that made pos(Class of 1983) in 2009 sible the elegant Arts made an unrestricted and Crafts-style faculty $1 million gift to the lounge on the fifth Law School. The gift floor of O'Brian Hall. was invested in student And more names scholarships, teaching of note: technologies and imClassrooms are proved student sernamed for Harvey L. Kaminski '77 (CEO of vices. Cellino's wife, Prestige Capital Corp. in Fort Lee, N.J.), William A. Niese '61 (retired corporate attorney for the Times Mirror Co. of Los Angeles), Anthony J. Renaldo '50 (partner in the Buffalo firm Renaldo & Myers), Gordon '55 and Gretchen Gross (he is senior partner in the Buffalo law firm Gross, Shuman, Brizdle & Gilfillan); Floyd H. '31 and Hilda L. Hurst (he was a founder of the Buffalo firm Hurst & Brothman); and the Buffalo-based law firm Hodgson Russ. Adjuncts to the Law School's firstfloor working courtroom are the Terrence M. Connors Jury Deliberation Room (a Buffalo trial lawyer and 1971 graduate) and the Norman J. Pecora Judge's Chambers (a Williamsville, N.Y., lawyer and 1931 graduate). The Michael H. Doran Student Lounge honors the memory of the 1982 graduate who died in 2009. The newly built William R. Greiner Residence Hall is part of the legacy of the longtime Law School professor, who served as UB president from 1991 to 2003. And endowed professorships honor Joseph W. Belluck '94 and his wife, Laura L. Aswad; Thomas E. Black Jr. '79 and his wife, Bridget; Margaret W. Wong '76; Professor Louis Del Cotto; Frank G. Raichle Jr. '19; and Floyd H. '31 and Hilda L. Hurst. Above, William R. Greiner Residence Hall Left, Charles B. Sears Law Library 18 125 years of innovation in legal studies Back to the beginning Once again, practical skills are in the forefront I t was an anonymous law student who wrote to the Buffalo Express for its March 3, 1885, edition. "No one dreams of making a doctor by simply and solely letting the student study at some doctor's office or a clergyman by letting the future D.D. study at some minister's fireside," he wrote. "Then why should law students alone be exempt and excepted? Especially when it is known now that at these offices they no longer receive the care and attention they used to receive in days gone by. The law office as a school has doubtless ceased to live � at any rate in Buffalo. Hence the need of a law school." In his day, that frustrated would-be Buffalo lawyer had few options for his legal training. He could go away to a law school in some other city (the closest being in Albany or New York City), or he could apprentice in a law office. Such was the tension out of which the Buffalo Law School was born. And from the beginning, the school has found its mission in a duality: the need for students practicing attorneys or sitting judges, and among them only three had gotten their own training in a law school. Article V of the school's original bylaws (it was called a "department" at that to understand the the- prises courses and ex- lawyer." point) made the dual oretical underpinperiences in legal But with the orifocus clear: "The obnings of the legal sys- analysis, research and gins of the Law School ject of the Departtem, and the insiswriting; litigation and beyond the reach of ment shall be to teach tence that they gradu- non-litigation skills, any living person, it's the theory and pracate with a toolkit of such as mediation; easy to forget that, tice of the law." the practical skills of and professional defrom the beginning, In the early days, the lawyer's art. velopment. "These of- Buffalo Law has alall classes were taught SUNY Buffalo Law ferings complement ways been about the by adjunct professors, School has in recent black-letter law and right skills for success. who brought their years redoubled its ef- courses that focus on practical experiences forts to produce prac- the jurisprudence and dozen men with them from the tice-ready graduates, theory of law," says began meet- law office to the partly in response to Dean Makau W. Muing in 1886 downtown Buffalo the legal community's tua. "Put together, to make that classroom. They inneed for new lawyers these two sides are kind of rigorous legal cluded a professor of with the skills to hit critical to the educatraining a reality, and legal ethics, and the the ground running. tion of a well-trained, there wasn't a fullfirst dean was a state The school's Legal analytically sound time professor among Supreme Court jusSkills Program comand thoughtful them. All 12 were tice, Charles Daniels. A Above, Adjunct Professor Steven R. Sugarman '85 leads a clinic on mediation. Law students in the 1950s, right. S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 19 Robert Schaus '53 and James R. Arnone '85, co-authors of a centennial history of the Law School, characterized the atmosphere like this: "Law schools in the 19th century were seen as ivory towers, churning out theorists but unable to produce competent legal practitioners. Though formation of the Law School gave students a more academic approach to the study of law, the Buffalo Law School was envisioned as a place to learn the practical side of the law as well. It was much more dependent on the local bar than were many other law schools. Virtually all of the original faculty were sitting making a living. ... It teaches what is most necessary to be known in trying cases, so that in starting their practice they may handle simple litigations and not learn to handle them for the first time in court at the client's expense." Well, what goes around comes around. That practice-ready sentiment hey quote the has again come to the Albany Law fore in all sorts of Journal's asways. The Law sessment of School's clinical proBuffalo Law: "It is a gram has been orgapractical school. It nized to function as a does not go deeply law firm, giving clinic into the history or students experience in theory of law; but it how a firm works. Capoints out to its stureer panels expose dents the things they students to practice most need to know in areas they might not successfully practicing have considered oththeir profession and erwise. Periodic op- judges or practicing attorneys. "Classes were held downtown, in the midst of the legal community. Most students worked as clerks in law offices in addition to their studies. This enabled them to observe practical applications of the legal rules learned in the classroom." T portunities for continuing legal education afford professional development for students and graduates alike. Januaryterm bridge courses teach some very specific skills; recent examples include "Choosing the Right Jury,""Managing Personal Injury Practice," "Plea Bargaining" and "Trial of a Death Penalty Case." And the list goes on: servicelearning practicum courses, externship placements, the popular New York City Program in Finance and Law, and dual degree programs offering specialized skill training. Says recent graduate Frank H. Ewing: "We have two tools as attorneys: our written work and whatever comes out of our mouth. To the extent that we can learn the skills that bolster both of those, we're in a good place." A place called Buffalo Law � just as it's always been. Volunteer judges: U.S. Magistrate Judge Jeremiah J. McCarthy, New York Court of Appeals Justice Eugene F. Pigott Jr. '73 and Justice Erin M. Peradotto '84 of the New York State Supreme Court, Appellate Division, Fourth Department. Frank H. Ewing '12 argues in the Desmond Moot Court. 20 125 years of innovation in legal studies A world of influence Extending our global reach N o doubt about it, SUNY Buffalo Law alumni treasure their close ties to Western New York. And many stay in the area upon graduation, forming the heart of the area's legal community. But increasingly, Law School alumni, faculty and administrators are exerting an influence that goes far beyond the local legal community. Indeed, even as SUNY Buffalo Law solidifies its standing as a school of national rank and reputation, it is increasingly making itself known on an international scale. SUNY Buffalo Law's permanent dean in 2008, Mutua has pursued an activist role in international human rights. In 2002-03, while on sabbatical in Kenya, Mutua was appointed chairman of the Task Force on the Establishment of a Truth, Justice, and Reconciliation Commission. He was also a delegate to the National Constitutional Conference, the forum that produced a contested draft constitution for Kenya. Mutua has written widely about subjects in international law, human rights and reli- One reflection of this trend is simply the global reach of Law School alumni. The school's Alumni Office has identified about 100 alums working in 26 countries outside the United States, with the largest concentrations in Canada, Great Britain, the Republic of Korea and Germany. The Law Alumni Association board has also taken steps to establish an international alumni chapter. Another factor is the presence and work of Dean Makau W. Mutua. A native of Kenya who became The Dalai Lama during a program at the Law School on Sept. 19, 2006. ing to the Balkans since the mid-1990s to work with organizations promoting women's rights and working against domestic violence, has led student trips to gion, particularly in "No matter what study the role of nonAfrica, and is a colum- career people pursue, governmental organinist for the Sunday we live in a globalized zations there. The Nation in Kenya. world and a global2009 bridge-term trip Since 2008, anoth- ized economy, and took students to er distinctive feature we're going to come Bosnia, Serbia and of SUNY Buffalo Law into contact with peo- Kosovo in a threeis Professor David M. ple and organizations week intensive learnEngel's January-term that are not U.S.ing experience that bridge course that based," Engel says. "It left all involved both takes students to Chi- behooves us to under- sobered and inspired. angmai, Thailand, stand how they work For the students, where Engel once and how people from the experience was served in the Peace other countries and eye-opening. Said Corps. He has studied cultures think. A trip Sarah Brancatella: and written about like this changes peo- "This trip was not in Thai law for more ple's understanding of isolation from my than 30 years, and the themselves. It makes Law School expericourse introduces stu- them more confident ence. It was like a dents to that nation's and more mature." napoleon pastry � laycivil law system (as On the other side ers upon layers. For distinct from the of the world, Profesexample, in the course common-law basis of sor Isabel Marcus, I'm taking now on the the U.S. legal system). who has been travelfederal courts, it Dean Makau W. Mutua, left, tours the American Falls with Kenyan Prime Minister Raila Odinga, the first sitting head of state to visit the University at Buffalo in recent history. S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 21 sponsored by the University of London and the Seattle University School of Law. Professor David A. The Law School's Westbrook has done faculty roster also inextensive speaking cludes Associate Proand consulting work fessor Irus Braverman, whose legal under the sponsorship of the U.S. State studies were in ToronDepartment. In Noto and Jerusalem; Provember he will host a fessor Rebecca R. digital conference for French, whose four the World Economics years of field research Association, titled in Tibet and India re"Rethinking Financial sulted in the first Markets: Social Capi- study of the Dalai talism, Economies of Lama's pre-1960 legal Money, and Custodial system; Associate Professor Sagit Leviner, Regulation." Participants include promi- who holds a dual apnent central bankers, pointment with Ono economists and social Academic College scientists. In October, Faculty of Law, in IsWestbrook will give a rael; and Associate Professor Tara J. Melkeynote address at a workshop on regula- ish, who directs the tory culture in Sydney, Buffalo Human Australia. And in Rights Center and has June, he spoke in Lon- taught at Oxford Unidon at a conference versity in England and on corporate law, Abo Akademi Univer- strikes me about the complications of having a national court system in Bosnia." sity in Finland. And beyond these ways that Law School students and faculty reach into the wider world, master of laws programs targeted at international students bring legal professionals to Buffalo. A general LL.M. program and another in criminal law enable lawyers educated outside the United States to pursue a particular research interest and gain exposure to the U.S. legal system. Students have come from, to name a few, Albania, Bolivia, China, Egypt, India, Japan, the Republic of Korea, Nigeria, Pakistan, South Africa and Turkey. Selected for 2012 award for outstanding contributions to international education F ollowing a rigorous selection process, the University at Buffalo has chosen Professor Isabel S. Marcus to receive the 2012 Award for Outstanding Contributions to International Education. This award is conferred by UB's Council on International Studies and Programs, a group of faculty from a wide range of disciplines who are involved in international activities at the University. In past years, more than one recipient has been Professor Isabel S. chosen, but this year the Council set- Marcus tled on Marcus as the sole winner. The award will be presented at the Council's annual award luncheon later this semester. The Crown Princess of Thailand presents Professor David M. Engel with an honorary doctor of laws degree from Chiangmai University. Students Jimmy Farrell, Jayme Feldman, Serra Aygun, Sarah Brancatella, Jenny Rizzo and Jay O'Shea (upper) at the NEWBORN sign in Prishtina, Kosovo, during a bridge course visit. 22 125 years of innovation in legal studies Graduates of color distinguish themselves D ean Makau W. Mutua has said it repeatedly and emphatically: SUNY Buffalo Law School must "look like America." The goal is simple but never easy � to identify and recruit academically promising students and accomplished faculty of color, and to take advantage of the cultural and academic richness that a diverse population provides. Long the province of white men, the law as a profession has made great strides toward equal access (though it's widely recognized that the job remains unfinished). And the Law School continues to do its part to make the Bar more diverse, both in Western New York and in the national and global settings where its alumni practice. from a number of initiatives designed to support their study, including scholarship support. One major player has been the Buffalo law firm Phillips Lytle, which for more than 15 years has supported minority students at the Law School with a scholarship program that many say has made it possible for them to enroll. Graduates of color have distinguished themselves in every echelon of law. A sampling of some of the best-known and most successful includes: J. Mason Davis Jr. '59 was the first Lillie V. WileyUpshaw, vice dean for admissions and financial aid, has been instrumental in fostering diversity at the school, and her many recruiting trips to undergraduate colleges include reaching out to potential minority law students. That effort got a major boost this summer, when 20 academically promising college students spent a month at SUNY Buffalo Law School as part of the LSAC DiscoverLaw.org Prelaw Undergraduate Scholars Program. (See the article on Page 31.) Today, nearly one in five members of each incoming class are members of racial or ethnic minority groups. They benefit African-American to practice as a senior partner with a major Alabama law firm, Sirote & Permutt in for the U.S. District Court, Western District of New York. Scott was the first African-American to become assistant attorney general in charge in Western New York, as well as Hon. Samuel L. the first AfricanGreen '67 has just re- American to become tired after serving as a assistant U.S. Attorjustice of the state ney, assistant corporaSupreme Court Aption counsel and assispellate Division, tant county attorney. Fourth Department, Scott was elected to for 28 years. FollowBuffalo City Court at ing graduation, he age 32, then re-elected was in private practice to another 10-year for five years and term before leaving served on the Buffalo the position to be- Birmingham. An Alabama native, he had to come north to Buffalo for law school because African-Americans were denied entrance to all of the schools of the University of Alabama system. His early cases included defending lunch counter sit-in protesters for racial integration, employment discrimination and more than 100 voter discrimination matters. City Court before ascending to the Supreme Court. "It's been a great run," he said in reflection. "I've enjoyed every moment of it." Hon. Hugh B. Scott '74 is magistrate judge come the first AfricanAmerican to sit on the federal bench in the Western District of New York. He also serves as an adjunct professor at the Law School. A road of legal scholarship and practice that began at SUNY Buffalo Law School led Julio M. Fuentes '75 to the second-highest court in the nation. When President Bill Clinton in 2000 appointed him to the U.S. Court of Appeals, 3rd Circuit, Fuentes became the Law School's highest-ranking federal jurist. He had been a judge on New Jersey's Superior Court bench in Essex County since 1987; served as a municipal court judge; and previously practiced civil and criminal law in New Jersey. Brent L. Wilson '76 is a partner in the Atlanta law firm Elarbee, Thompson, Saap & Wilson. He devotes his practice to defending employers in em- Margaret W. Wong '76 Michael A. Battle '81 Joseph M. Hanna '05 J. Mason Davis Jr. '59 Brent L. Wilson '76 Julio M. Fuentes '75 S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 23 corporate clients throughout the United States. Wong has served on the Dean's Advisory Council since 2006. As chief executive of SBLI USA, Vikki L. Pryor '78 engineered a dramatic turnaround for the New York City-based mutual life insurance company. Under her leadership, the company became a diversified national Margaret W. Wong financial services firm '76 was born in Hong operating in 49 states Kong and came to the and serving about United States on a stu- 300,000 customers. dent visa. A full schol- She was the first arship to SUNY Buf- African-American falo Law School, she woman to head a U.S. says, made her dream insurance company. of becoming a lawyer Her new initiative, the possible. Starting with Change Create Transa $25 desk and doing form Foundation, has her own secretarial as its goal "fostering work, she built Marchange by unleashing garet Wong & Associ- and nurturing human ates, an immigration potential." law powerhouse in Appointed by Cleveland. The firm President George W. now has additional Bush, Michael A. Battle '81 formerly directoffices in Chicago, New York City, ed the Executive OfColumbus, Atlanta fice for United States and Detroit, serving Attorneys at the Deboth individual and partment of Justice. ployment-related litigation matters, and counseling employers regarding day-to-day employment decisions to avoid litigation. He works with a variety of employers nationwide, including communications companies, service providers, educational institutions, nonprofit groups, public entities and manufacturing operations. mercial litigation with the Buffalo law firm Goldberg Segalla, has committed energy and enthusiasm toward promoting diversity in the legal profession as well. As president of the Minority Bar Association of Western New York, he spearheaded a Nicole C. Lee '02 clerkship program serves as executive di- that places minority rector of TransAfrica students into posiForum, the nation's tions with criminal, oldest African-Ameri- civil and family court can advocacy organi- judges. Hanna also orzation for justice in ganizes and chairs Africa and the DiasSuccess in the City, a Mark K. Suzumoto pora. She oversees the diversity networking '82 is a founder of Van organization's human event. Etten Suzumoto & rights and advocacy And once they're Sipprelle, with offices work relating to Africa enrolled, minority in Westlake Village, and other worldwide students find that the Calif., and Los Ange- locations where peo- Asian American, les. He focuses his ple of African descent Black and Latin practice on consumer have settled in large American law stuproduct counseling numbers, including dents associations are and regulatory com- Europe, the a strong presence in pliance, including Caribbean and South the school, providing business and litigation America. She is also support and socializaadvice on intellectual responsible for adtion. property, products lia- ministration, bility and trade regu- fundraising and filation issues. A longnancial management. time donor to the Law Alumnus Joseph School and recent co- M. Hanna '05, a partchair of the Annual ner practicing com- Previously, he served as U.S. Attorney for the Western District of New York. He also has served as a judge in Erie County Family Court; as assistant in charge of the Buffalo office of the New York State attorney general; as a federal public defender and assistant U.S. Attorney; and as a staff attorney with the Legal Aid Society Civil Division. He is now in private practice with the New York City firm Schlam Stone & Dolan. Fund campaign, he has served as a member of the Dean's Advisory Council since 2000. He is also a longtime supporter of the Boy Scouts, serving on the Executive Council of the organization's Ventura County Council since 2002. Hon. Hugh B. Scott '74 Nicole C. Lee '02 Hon. Samuel L. Green '67 Vikki L. Pryor '78 Mark Suzumoto '82 24 125th anniversary events Labor or love? Mitchell Lecture to address the shifting nature of personal caretaking UNY Buffalo Law School's 2012 James McCormick Mitchell Lecture will explore the legal and social challenges of providing personal and medical care for elderly and disabled persons � a topic of relevance for health care, Social Security, welfare and employment law reform. The Oct. 19 event, titled "When Caring Is Work: Home, Health, and the Invisible Workforce," features three distinguished scholars who will address social, historical and legal aspects of family caretaking and the home health care industry."Though the ideal of individual autonomy remains central to our legal and political system, in reality most adults will at some point depend on extensive personal caretaking help for their daily survival, and many others will orient their daily lives to the demands of responding to this dependency," say Professors Dianne Avery and Professor Martha T. McCluskey, co-chairs of the event. "This intimate fact of life raises fundamental questions about law and its relationship to the broader social institutions of family, market and the state." The 2012 Mitchell Lecturers are: Hendrik Hartog, Class of 1921 Bicentennial Professor in the History of American Law and Liberty and director of American studies at Princeton University. Hartog, a sociolegal historian, is the author of Someday All This Will Be Yours: A History of Inheritance and Old Age (Harvard University Press, 2012). The book examines lawsuits from the mid-19th to mid-20th century brought by family members who had assumed a caretaking role for their elderly parents in the expectation of a later inheritance. Jennifer Klein, a professor in the History Department at Yale University who has written extensively about the intersection between labor politics and the welfare state. With co-author Eileen Boris, she has just published Caring for S lli Pedronce to/Rich AP Pho Hendrik Hartog Dozens of home health care workers recently protested against proposed state budget cuts to social services in California. A home health care system nurse practitioner taking the blood pressure of a senior patient at her home. Jennifer Klein Albuquerque Journal Peggie R. Smith 2012 James McCormick Mitchell Lecture "When Caring Is Work: Home, Health, and the Invisible Workforce" � Oct. 19, 2 p.m. � Room 106, O'Brian Hall � Open to the public � Admission is free America: Home Health Workers in the Shadow of the Welfare State (Oxford University Press, 2012), a labor history of home health care workers from the 1930s to the present. Peggie R. Smith, Charles F. Nagel Professor of Employment and Labor Law, at Washington University Law School, St. Louis. Professor Smith is a leading scholar in the regulation of care work that occurs both inside and outside the home, including child care, home care and elder care. "With these presenters," McCluskey says,"we have a story through time about the different ways home care gets arranged for people who are elderly or disabled. Hendrik Hartog's historical study of inheritance and property distribution raises many hard questions that we still struggle with, such as what exactly is the responsibility of family members toward those who need extensive personal care, and what is the responsibility of society? Is caretaking work for relatives deserving of compensation? If so, who should pay? "Jennifer Klein looks at paid caretakers with similar questions, starting around the New Deal era and ending with contemporary times. This is a time period when home care becomes more professionalized, a private paid service outside the family, more of a government and medicalized service. It also becomes associated with women of color, immigrant women and others who are outsiders in some way, and begins to be treated as a kind of welfare system." Avery adds that Peggie Smith's work explores the labor issues underlying "the move from institutionalized care to home care. People generally want to stay in their homes, but many can't afford to hire caretakers to come in. The question becomes not only what legal arrangements for caregiving are more efficient and least expensive, but what's better for the person needing the care? And how should the law protect workers in the home care industry from abusive employment practices? " This year's event continues a distinguished tradition of Mitchell Lectures, established in 1950 with a gift from Lavinia A. Mitchell in memory of her husband, James McCormick Mitchell, who graduated from the Buffalo Law School in 1897. Previous Mitchell Lecturers have included Justice Robert H. Jackson, Richard Posner, Derrick Bell, Catharine MacKinnon, Clyde Summers and Stuart Macaulay. The Mitchell Lecture will be presented this year during the Law School's 125th anniversary celebration. S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 25 Moving toward wholeness Clinic and NYS Family Court pay tribute to ripple effect of their work against domestic violence wo landmark anniversaries will be marked Oct. 19 as SUNY Buffalo Law School pays tribute to the "ripple effect" of its work against domestic violence. It was 20 years ago that clinical professor Suzanne Tomkins and Catherine Cerulli, J.D., Ph.D., established the school's Domestic Violence Clinic, now known as the Women, Children, and Social Justice Clinic. And it has been a half-century since the establishment of the New York State Family Court, whose caseload includes helping move families toward wholeness after abuse. The morning session of the conference, called Intimate Partner Violence: The Ripple Effect of Education, Research and Advocacy, will bring together scholars, advocates and members of the judiciary and bar; professionals in the fields of law enforcement, mental health, education and social services; and students from throughout the university. "We wanted to think about the impact that individual students' projects and the clinic overall have had over the years," says Professor Susan Vivian Mangold, an organizer of the conference."It's important to see that this work on a local level has had these ripple effects over time not only nationally but internationally. The conference is also an opportunity for judges and other advocates to come together and hear from colleagues about the challenges they are facing." The problem of domestic violence remains widespread. It is estimated nationally and internationally that one out of four women will experience domestic violence in their lifetime. Professor Kim Diana Connolly, director of clinical legal education and vice dean for legal skills at the Law School, states,"This conference will allow us to highlight the important, cutting-edge work that the Women, Children, and Social Justice Clinic has been doing for two decades as part of a T dressing domestic violence. Author of the recent book Unworthy Creature: A Punjabi Daughter's Memoir, she'll discuss the emerging area of how to provide effective help to North American women whose immigrant cultural traditions, such as honor-related crimes, put them in unique danger. A lunchtime address by Catherine Cerulli '92, former director of research for the Women, Children, and Social Justice Clinic, will The Domestic Violence Clinic, co-founded in 1992 by survey the research that has Professor Suzanne Tomkins, far right, and Catherine been done on domestic vioCerulli '92, is now celebrating its 20th anniversary. lence and how legal restrong clinical program." sponses have used that research to deClinical instructor Remla velop best practices. Cerulli is well-posiParthasarathy adds,"Over the past two tioned to provide this research decades, community members, coalioverview since her own work has tions and task forces in our area have earned numerous awards, including a consistently turned to the Women, recent multimillion-dollar grant from Children, and Social Justice Clinic for the federal Centers for Disease Control guidance, materials and assistance. and Prevention. She currently serves as They rely on us to provide quality, state- director of the Susan B. Anthony Cenof-the-art information that directs our ter, a research institute at the University community's response to intimate of Rochester. partner violence. We are proud that The conference will continue with many of the clinic's graduates have an afternoon symposium organized by gone on to pursue highly successful caHon. Lisa Bloch Rodwin '85, a Family reers in domestic violence-related arCourt judge, and other members of the eas." New York State judiciary to celebrate Keynote speakers for the event inthe 50th anniversary of New York State clude Leigh Goodmark, professor at Family Court. Family Court: Past, Prethe University of Baltimore Law School sent and Future highlights the evolving and president of the Clinical Legal Edu- work of the court, looking back over 50 cation Association, the nation's largest years and ahead to new challenges. membership organization of law faculA reception will follow. ty. Goodmark, an expert in domestic The conference, lunch presentaviolence and author of the recently tion and afternoon symposium are published book A Troubled Marriage: free. Registration, which is required, is Domestic Violence and the Legal System, available at www.law.buffalo.edu/ AlumniEvent.asp will offer both a retrospective and a look ahead at clinical legal education in the domestic violence arena. Another speaker, Aruna Papp, is a Canada-based advocate and expert on the challenges of global diversity in ad- Leigh Goodmark Aruna Papp Catherine Cerulli '92 Intimate Partner Violence: The Ripple Effect of Education, Research and Advocacy; and the 50th Anniversary of Family Court � Oct. 19, 8:30 a.m. � Samuel's Grande Manor � 8750 Main St., Williamsville, N.Y. � Open to the public � Admission is free 26 law school report "That is your charge as new lawyers, to go forth and act as the indispensable COMMENCEMENT 2012 Law School's 123rd Commencement marks a new chapter for grads GOING FORTH WITH PURPOSE Multimedia: www.law.buffalo.edu/forum/extra.asp S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 27 guardians of our democracy." � Dean Makau W. Mutua Above, left to right: John I. LaMancuso '12, Sean S. Lal '12 and Jennifer A. Kubicki '12 Far left: Michael M. Kane '12 receives his hood. Left: Nicole J. Ettlinger '12 presented the student address. B efore a full house of family, friends and supporters in the Center for the Arts, more than 200 newly minted graduates marked a turning point in their lives on May 19 at SUNY Buffalo Law School's 123rd annual Commencement exercises. In addition to 211 Juris Doctor degrees, five master of laws degrees in criminal law and 16 general master of laws degrees were awarded, in a ceremony whose roots stretch back to the Law School's earliest days. Dean Makau W. Mutua said the moment signified a change in identity for the graduates."From now onwards, you will largely be defined by your identity as a lawyer," the dean said."And to me this means that you must reflect on what being a lawyer means for you and for our society... . As lawyers we ask you to work at the intersection of power and powerlessness with a single mission: the mission of reducing powerlessness and holding power accountable. That is your charge as new lawyers, to go forth and act as the indispensable guardians of our democracy." Continued on Page 28 28 law school report "... The fate of our fate is in your hands." Right, left to right: Dean Makau W. Mutua, UB President Satish K. Tripathi and Pamela Davis-Heilman '75 of the UB Council Below: Richard F. DiGiacomo '76, president of the SUNY Buffalo Law Alumni Association Continued from Page 27 University at Buffalo President Satish K. Tripathi struck an optimistic note."As educated persons, the time to prepare and strengthen our society is now, not when the next crisis hits, but now when the outlook is getting brighter," he said."We must not just hope but ensure the outlook for the future remains bright. You are the reasons we have such optimism for the future. We are tremendously proud of all that you have achieved, and we can't wait to see what you will contribute to the world as UB alumni." Richard F. DiGiacomo '76, president of the SUNY Buffalo Law Alumni Association, said,"As you go through your life, I would like you to think. Think about the people you meet. Some of the most intelligent, articulate, hard-working, creative people you will meet, people who have the ability to get to the core of a problem, analyze it, find a solution, advise the people they represent of that solution or successfully argue their position to help the people they represent. I suggest most of those people are going to be lawyers � just like you." Nicole J. Ettlinger '12, in giving the student address, reflected on the age-old promise that law school teaches one to "think like a lawyer." "For each of us, thinking like a lawyer will mean something different," she said."But for all of us, it means something. Whether we had expected it to happen or not, the law has become part of who we are. Whether we become the next great litigators, politicians, judges, law professors � or even if we choose a different career path entirely � we are still lawyers. "What we can learn from our three years at SUNY Buffalo Law School is to be the best lawyer possible. To work harder, speak with passion, and to always remember how important our role is to those who we represent. Every one of us will be an asset to the legal field. I know I would be proud to have any Gordon R. Gross '55 and Diane F. Bosse '76 of the members of the Class of 2012 as co-counsel, opposing counsel and even my own counsel." The afternoon's keynote speaker was Professor Martha Minow, dean of Harvard Law School. Minow, who once clerked for U.S. Supreme Court Justice Thurgood Marshall, is well-known for her scholarship in human rights issues, with a focus on members of racial and religious minorities and women, children and persons with disabilities. Her address centered around what to remember � and what to forget. "Something about moments of life transition make us especially alert and attentive in ways that organize what we remember," she said."The new, the unfamiliar, what is not already scripted � that is what we tend to remember. So what will you recall of your time here? You may well remember some of what you learned in Contracts or Con Law or Tax. You probably will remember the first days of a summer job or the first interview with a client in a clinic, or the friends you S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 29 � Professor Martha Minow, dean of Harvard Law School Left: Keynote speaker Professor Martha Minow, dean of Harvard Law School Below, left to right: Vice Provost Lucinda M. Finley and Dean Martha Minow Far left: Dean Mutua presents the Dean's Medal to Hon. Samuel L. Green '67 Left: Duwaine T. Bascoe '12 with his daughter made. You actually will forget a lot. It turns out we need to forget, or at least never start remembering, some 90 percent of our experiences, because otherwise we have overwhelming sensory overload. So that's an assuring fact, if we remember it." And she encouraged the graduates to make the transition from speculation to advocacy."The hardest-headed, most practical legal analysis must include not just the law student's preface,`Well, one could argue ...,' but instead the lawyer's admonition,`How should you argue?' How will other people view this action over time? How will you view it 20 years hence? How do you want to be remembered? "... The fate of our fate is in your hands. It's not that `we've given you a perfect world, don't louse it up.' We've given you a flawed, only partly remembered world. You each can and must have a hand in what we come to remember." The Dean's Medal was presented to Hon. Samuel L. Green '67, recently retired as senior associate judge of the Appellate Division, Fourth Department, of the New York State Supreme Court. The Ken Joyce Distinguished Teaching Award was given to Steven R. Sugarman '85, a longtime and popular adjunct professor of basic and advanced mediation courses. Cristin L. Murray '12 with her father 30 law school report Teaching the teachers SUNY Buffalo Law hosts ambitious legal writing conference t was called the Empire State Legal Writing Conference, but the June 23 gathering at SUNY Buffalo Law School extended its reach far beyond New York. Participants from 25 law schools in a dozen states took part, sharing ideas and experiences from the creative challenge of teaching law students the fine art of legal writing and analysis. "The skills that are required to write well as a lawyer are far more complex than many people realize," says Stephen J. Paskey, who teaches legal analysis, writing and research, known as the LAWR program, at SUNY Buffalo Law and was the local conference organizer. "We teach the kind of analytical skills that apply to any area of law � how to synthesize a rule of law from multiple cases, for instance. Then there are writing skills that are very specific to writing in a legal context. "We also teach more general writing skills. Even though law students as a group are bright and have done well as undergraduates, for most of them their general writing skills are not at a level they should be to be effective as lawyers." Hence the need for experts to come together to explore and create ideas for how best to develop those skills in law students. Conference attendees heard more than 20 presentations on a wide range of topics, such as assessing students' progress; teaching specialized research and advanced writing; and exercises for building research skills and using plain language. Five SUNY Buffalo Law faculty made presentations: Bernadette Gargano and Monica Piga Wallace on "Advanced Legal Writing: Developing a `Practice-Ready' Course Beyond the First Year"; Patrick J. Long on "Teaching Continuity and Structure I At the blackboard, SUNY Buffalo Law School's Laura Beth Reilly Through the Gettysburg Address"; Chris Pashler on "Know Your Audience: Writing to Address Potential Bias"; and Laura Reilly on "Turning Skeptical Students Into Believers: Fun and Engaging Ideas for the Classroom." The task, Paskey says, is essentially one of translation."As a lawyer, you're writing about ideas that are often incredibly complex. To write about them in a way that is clear, understandable and direct is really a challenge for most first-year students. You would think, for instance, that students with a degree in English or another field in the humanities would have a leg up in legal writing, but that really isn't true. Students learn many habits as undergraduates that don't translate well to a legal environment." Keynote speaker for the conference was Sarah Ricks, a clinical professor of law at Rutgers Law School. Her talk addressed the overlap between legal writing programs and experiential learning, and argued for "erasing the lines" between legal writing, clinics and pro bono programs. Integrating legal writing instruction with such practical opportunities, Ricks said, helps students to learn the professional skills of learning in teams and engaging in peer review."Working for a real client can motivate students to do better work," she said,"knowing that their work product is not going into the recycle bin but rather into the hands of some non-profit or government agency or clinical client that can use that information to do something in the world." Ricks cited several "interesting experiments" in teaching legal writing, such as assigning first-year students to write about questions facing a law school clinic; having students research and write about issues for a non-profit organization; and collaborating with a judge to create assignments based on a pending case, for which students write bench notes. A daylong Scholar's Forum sponsored by the Association of Legal Writing Directors immediately preceded the conference. A dozen scholars took advantage of the opportunity to present scholarship ideas or works in progress for discussion and critique by scholars of legal writing, including keynote speaker Ricks. The aim, Paskey said, was to encourage interdisciplinary scholarship in the legal writing community. Christine Bartholomew, who also teaches legal analysis, writing and research at SUNY Buffalo Law, coordinated the workshop. For more photos, visit: www.law.buffalo.edu/forum/extra.asp S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 31 Four weeks of discovery Upshaw says � "that feeling of being overwhelmed and having to read material more than once if you don't understand it the first time." And, she said,"We tried very hard to communicate to their professors that they didn't need to hold back." The students stayed in wenty academically promising the newly built Greiner college students spent a month Hall, under the watchful at SUNY Buffalo Law School eyes of two resident assisthis summer, but it was far from a tants, third-year SUNY vacation. As part of the LSAC DiscoverBuffalo Law students Law.org Prelaw Undergraduate ScholAmber Diem and Paul ars Program, the students took notes on Iya. lectures in legal theory and practice, Tasha E. Moore '98, completed some written projects, tried regional director of the out oral advocacy, took field trips rangBuffalo office of the New ing from a law firm to a prison, and in York State Division of general got a foretaste of the life of a Human Rights, led a Mifirst-year law student. nority Bar Association Twenty academically promising minority students The innovative program, one of task force that has proparticipated in the LSAC monthlong pre-law program. nine nationwide sponsored by the Law duced programs for poSchool Admissions Council, is intended inar on the law school admissions tential lawyers of all ages � from grade to attract minority applicants to the process or skill development for the school to college � to improve the diverfield of law. In Buffalo, the program LSAT, and a guest speaker. After dinner, sity of the profession. Those efforts have was a joint venture of the Law School, students were expected to study and ranged from staging "the trial of UB's Millard Fillmore College, the Miprepare for the next day's classes. Goldilocks" for younger children, to nority Bar Association of Western New Faculty participants included Prorunning a speaker series for high school York and LSAC. fessor James A. Wooten, teaching Intro- students, to the Discover Law program "It is intended to adduction to Law; Professor for minority and first-generation coldress the lack of diversity Teresa A. Miller, teaching In- lege students. in law schools and the troduction to Criminal Pro"We wanted them to have an idea of need for more students of cedure; Professor Charles P. what it truly takes to become a lawyer," diverse backgrounds in Ewing, teaching Evidence says Moore, who is immediate past the pipeline," says Lillie and Trial Practice; Professor president of the Minority Bar AssociaWiley-Upshaw, SUNY David M. Engel, teaching tion."A lot of young people don't view Buffalo Law's vice dean Tort Law, and Law in Culthe legal professional as accessible, and for admissions and stuture and Society; and lectur- that's particularly true for minority student life and one of the ers Bernadette Gargano and dents. We wanted to show them that leaders of the program. Johanna Oreskovic '97, you don't need to be wealthy to get "We tried to give the stuteaching legal research and through law school. Graduate educadents a realistic snapshot writing. In addition, stution, including law school, is expensive, Tasha E. Moore '98 of what it's like to be a law dents toured Wende Corbut there are ways to make it happen." student and a practitioner. Now they rectional Facility, networked with attorDiscover Law, she says, was an exare much better prepared to be smart neys at the Buffalo office of Hodgson periment � "at first we were concerned applicants and hopefully become Russ (which hosted a reception for the no one would apply," she says � but stronger law students once they are adstudents along with Jodyann Galvin quickly drew interest from over 100 apmitted." '98), and toured Family Court and Buf- plicants."We could have doubled the A typical day, starting at 9 o'clock falo's downtown federal courthouse. class easily, but it was a good beginning sharp, involved a class on a topic in law, The students worked hard."We class and a good learning experience for an intensive course on the fundamentried to simulate the first-year experiboth of us," Moore says. tals of legal research and writing, a sem- ence as much as we could," Wiley- Opening undergraduates' eyes to the possibilities of law T For more photos, visit: www.law.buffalo.edu/forum/extra.asp 32 law school report Help whereit's needed For committed students, fellowships make summer public-interest work possible UNY Buffalo Law School's commitment to the practice of public-service law is nowhere more in evidence than in the Buffalo Public Interest Law Program, and this summer's public-service interns carried on a proud and growing tradition. With financial support from BPILP, the Law School dean's office, the SUNY Buffalo Law Alumni Association, the Buffalo Human Rights Center and individual sponsors, 23 students were able to take unpaid internships in the public interest � work experiences that they may not have been able to afford otherwise. The centerpiece fund-raiser for the program, the 17th annual BPILP Auction, raised more than $35,000. Fellowships were awarded through a competitive process. Conversations with a few of the awardees reveal a broad range of experiences and duties � learning that The Buffalo Public Interest Law Program's annual auction is the organization's major fund-raiser in support of students pursuing summer internship work in the public and not-for-profit sectors. S will stay with them through law school and on into their careers. As a Virginia Leary Human Rights Fellow, Candace Filipski '13 worked as a law intern on employment discrimination cases with the Buffalo office of the federal Equal Employment Opportunity Commission. "It's like the job of a first-year associate," says Filipski, who during the school year serves as student co-director of the Buffalo Human Rights Center. "I'm right in there, handling some racial discrimination cases and a lot of sex discrimination cases, such as sexual harassment in the workplace." A major role has been working on a decade-old nationwide case in which the EEOC is representing over 200 women claiming sex discrimination. "I've been able to assist with getting in touch with claimants, letting them know about recent movement in the case, contacting witnesses and interviewing people who would be good witnesses," she says. The experience, says Filipski, whose internship last summer was as a clerk for a federal district court judge, has imparted some advocacy skills as well. "When I was working for the court, I was helping settle disputes between two parties," she says. "Here it's definitely advocating for one side. Last year was heavy on the research and writing; here I've had a lot of interaction with people. For me, it's the best of both worlds." Sarah Fenster '14 stayed in Buffalo this summer as well, working in the Guardianship Department of Legal Services for the Elderly, Disabled or Disadvantaged of Western New York. Her work was supported by a Dean's Buffalo Public Interest Law Program Fellowship. The department, she says, takes on the role of guardian for the person and/or the property of incapacitated or elderly individuals � people whose health problems render them unable to make their own decisions, and who don't have a family member to step in. "I've always been very interested in public service and public-interest work," says Fenster, who worked for a year as an AmeriCorps volunteer before entering SUNY Buffalo Law School. And despite the difficult circumstances faced by her clients, the commitment of her summer colleagues has inspired her. "Everyone just seemed very knowledgeable and compassionate," Fenster says. "They S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 33 Candace Filipski '13: "It's like the job of a first-year associate." would bend over backwards to do anything for these people. These are sad situations, but that puts an even stronger feeling of purpose in the work we do, because we're the ones who are there to help them; they don't have anyone else." ecause the internship is unpaid, she said, having the fellowship support meant she could be there full time, rather than having to seek outside employment to make ends meet. "It's different when you're there day in and day out," she says. "It's really allowed me to get so involved in the organization by being there every day and really focus on the legal work." Her classmate Luisa Johnson '14 clerked for Hon. Jonathan Feldman of the U.S. District Court, in Rochester, as a BPILP Fellow. Johnson serves on BPILP's executive board. "For me," she says, "to best serve the public and people in general you have to understand the system. Working in the federal court system, I'm really getting a better understanding of what each person's role is, how the judge navigates those roles and how the other participants fit into their roles. The most valuable part has been seeing inside the chambers and really understanding what's going on on both sides of the table and what the judge wants." So, for example, she has attended court proceedings such as competency and sentencing hearings, as well as trials, and has "spent a lot of time researching cases and issues, writing draft recommendations, memoranda, summarizing issues and arguments, and giving recommendations." One enduring lesson: "The tiniest details matter." Judge Feldman, she says, was a federal public defender and U.S. Attorney before ascending to the bench, "so he's seen it all. Any time that I have questions, he's more than happy to have me into his office and talk with me." And Joe Schaffer '14, also a BPILP Fellow, felt the brunt of the summer heat wave while working for the Refugee Resettlement Program of the Arizona Department of Economic Security, in Phoenix. He worked with Mutual Assistance Associations � "organically formed ethnic communities" such as Bhutanese, Congolese or Burundian immigrants � to help them become more effective advocates for refugees. His contributions involved working on grant writing and legal support to help meet the exacting requirements for federal granting and procurement. He also worked with some associations to establish a "health navigator" position, providing direct case management or guidance in how to access health care services. "It can be really hard for the churches and others doing resettlement to get through to communities that don't have the same cultural background we do," notes Schaffer, who worked with refugees in Idaho for two years after earning his undergraduate degree � the experience that inspired him to go to law school. "We're trying to make it easier for them to join the party." Schaffer says he may continue to work long-distance with his colleagues during the school year. Refugees, he says, are "not just something you see on the news or in movies � these are real people that you can talk to and learn what they went through. I'm kind of hooked. It's a really good fit for me." And the financial support, he says, has been invaluable: "I've had to rent a place out here and pay for utilities and gasoline. I don't know if I could have done it without the BPILP Fellowship." B "I've always been very interested in public service and public-interest work." �Sarah Fenster '14 34 law school report Thinking globally Three students travel far and wide in new NYSBA program pioneer program of the New York State Bar Association's International Law Section put three SUNY Buffalo Law students in legal internships across the world this summer. Student Michael Oliver spent the summer in South America, and students Richard Rowley and Jennifer Yates were in Europe � Rowley in Prague and Yates in Vienna. The program was initiated by Lauren Rachlin, a member of the international/cross border practice group at the Buffalo office of the law firm Hodgson Russ. "Our NYSBA is the only bar association that has active chapters all over the world," says Rachlin, who founded the International Law Section more than two decades ago. "It occurred to me that maybe it would be an interesting thing for both our chapters and the law students to make available an outbound internship program. I thought it would be an exciting project." He reached out to the Law School, which A "I believe that gaining the perspective of different geographies and cultures can help you better understand and appreciate your own life, personal and professional." � Jennifer Yates was supportive, and e-mailed the worldwide chapters. Of those that expressed interest, Guatemala, Vienna and Prague were chosen for the initial round of internships. The hope is that interest will build in international law at SUNY Buffalo and that a student chapter of the International Law Section will be established. For Rachlin, who himself spent a summer abroad between his junior and senior years in college, it was also about giving the students "an interesting experience. It's important to open their eyes to what's out there. They are working with civil law and other legal structures, and they make lifetime contacts besides." E-mail conversations with two of the three students reveal a wide range of experiences, both in their employment settings and in the wide world of international travel. J ennifer Yates, who is entering her final year of the Law School's J.D./MBA program, worked with Graf & Pitkowitz, an internationally focused Austrian law firm that specializes in corporate law and international arbitration. Her work included editing a publication on Austrian securities law, researching the inherent powers of arbitral tribunals for a forthcoming article, and comparing the fee structures of international arbitration institutions. The work, she says, has taught her about the differences between civil law and common law systems, the inner workings of Austria's political, social and economic systems, and how Europeans perceive the United States. "There is a strong emphasis on the importance of having a global mindset in today's business world," she says. "I believe that gaining the perspective of different geographies and cultures can help you better understand and S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 35 "In Nicaragua, I focused more on commercial transactions, revising creditor and shareholder agreements. In El Salvador, due to the political climate, I was much more focused on constitutional law." � Michael Oliver appreciate your own life, personal and professional. "The most challenging thing so far has been the language barrier," Yates says. "Everything is in German, and I do not speak much German! However, most people speak at least some English and are always willing to help. I have learned enough to navigate the law firm, the transportation system and the restaurant/bar scene. "The food, beer and wine are all very good. I have made friends with some local Viennese who have been helpful at recommending the best traditional Austrian restaurants and dishes. Of course, the Wiener schnitzel is a staple here and very yummy. Different kinds of breads, meats and sweets are available on almost every corner, and the coffee is not to be missed!" M ichael Oliver � also entering his final year of the J.D./MBA program � worked at offices of the Aczalaw firm in three South American countries: Guatemala City, Guatemala; Managua, Nicaragua; and San Salvador, El Salvador. "I enjoy comparative law and political science, and the opportunity to be exposed to the legal systems of multiple countries was a huge draw," Oliver says. Aczalaw mostly focuses on commercial law and serves both regional and international clients. "I haven't experienced too many days where I'm doing the same thing," Oliver says. "I've been working with different attorneys on several issues involving commercial transactions, labor law, IP and constitutional law. Each office I worked in was a little different as well. In Nicaragua, I focused more on commercial transactions, revising creditor and shareholder agreements. In El Salvador, due to the political climate, I was much more focused on constitutional law." There especially, he said, he learned a lot about the political history of El Salvador and the underlying tensions between the political parties there. "The insight I gained is something I never would have been able to achieve had I stayed in the States," he says. "Also, I would have never fully understood the bureaucracy involved in what I have always perceived as ordinary business, such as extending credit or entering into a transactional agreement. Seeing firsthand how involved the state agencies are in commercial activity is something I would have never been able to grasp by staying in the States." He, too, has been challenged by the language barrier � "Yo no hablo muy bien el espa�ol," he says wryly � but has discovered great food: "If you like beans, cheese, tortillas and eggs (probably in that order), then you'll fit right in down here. The best things I've had are called pupusas. It's a very simple Salvadoran food � corn tortillas stuffed with refried beans, pork, loroco (a vine flower bud) and/or cheese. "And I've been doing quite a bit of sightseeing. My favorite place is Lago de Atitlan, Guatemala, a lake at the base of three volcanoes. It is one of the most beautiful places I've ever seen." 36 law school report Left to right: Vice Dean James A. Gardner, Garrett Doran, Nina Doran, Gabrielle Doran, Robert Doran, Deborah Webber, Thomas Doran and Susan Mendzef `He had a huge heart' Michael H. Doran Student Lounge dedicated with words of gratitude T he name of a larger-than-life figure whose life was cut short has found a permanent place in his Law School alma mater. The newly renovated student lounge in John Lord O'Brian Hall was dedicated May 22 in honor of Michael H. Doran '82, who died in 2009 when the plane he was piloting crashed in Ohio. Gifts from family and friends, and a bequest from Doran's estate, funded the creation of the student-friendly lounge just off the bustling heart of the Law School's first floor. "Our goal was to create an attractive and welcoming area that conveys some of the gravitas of a place where law is studied and legal professionals are trained," said Vice Dean James A. Gardner, who convened the dedication ceremony. "The hub can be a little busy and noisy sometimes. Law students view this lounge as a peaceful oasis in their midst." After a framed photo and brief biography of Doran was unveiled � it will hang permanently in the student lounge � several speakers testified to a personality as likable as he was unforgettable. "Michael would be very proud indeed," said Thomas Doran, his brother, who worked with Michael Doran at the Doran & Murphy law firm for many years. "Michael was deeply passionate about SUNY Buffalo Law School. His devotion and admiration for this school may be demonstrated by the amazing number of law students he hired as clerks: three or four a year for 17 years, and the firm carries on that tradition today." Christopher Murphy '93 said that a student lounge � a place where people gather � is the perfect memorial for his law partner and close friend. "Mike loved to get together with friends, and he was pretty darn good at it � parties at his house, sunset cruises on Buffalo waterfront," Murphy said, citing Doran's personal motto: "Lovin' livin' and livin' lovin'.""He went from case to case and adventure to adventure. He was always rushing from thing to thing, trying to squeeze it all in. Mike lived life on his own terms. "Mike was only 51 years old when S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 37 Left, guests gather in the newly opened Michael H. Doran Student Lounge. Robert Doran and Nina Doran Left to right: Rita Drinnan and Patricia Arena Left to right: Deborah Webber, Gabrielle Doran, Jo Anne Doran and Susan Mendzef he died," Murphy said, "and the story of Mike Doran reminds us all that life is really too short. We should live every day with purpose; we should live for the present. And if we do, we'll all be happier for it. We'll all have less unfinished business." Said Hon. Paula L. Feroleto '82, Doran's classmate and friend: "The word `passion' for me describes Mike. Back in law school Mike was passionate: organizing the softball team, organizing a trip to Rudy's Pump Room for chicken wings, or to Nicole's for a party after exams were done.... There were so many lives that Mike touched, and so many of us would not be the people we are today or be where we are without Mike and without his passion. So thank you to the Doran family for the gift of Michael." Francis M. Letro '79, a fellow member of the trial bar and friend of Doran as well, said that for him, the defining word was "natural.""He's really one of the outstanding, extraordinary graduates of this law school," Letro said. "Mike was a natural. He was a natural lawyer, a natural friend, a natural athlete, everything about him � he was one of those persons who had a natural ability about him. And this Law School identified that and nurtured that along with his parents and his family. ... Every visitor from this day on who comes to this law school will be reminded about Mike Doran and read about him and see that handsome face in there, and aspire to be the type of lawyer that Mike Doran was." Vice Dean Alan S. Carrel '67 also spoke about Doran's legal success. "It was great seeing him become a star in his profession," Carrel said. "He cared deeply about his clients, was passionate about giving them the best representation possible, was meticulous in his preparation, and used his exceptional ability to obtain one great result after another. "Mike had energy, enthusiasm, charisma and a remarkable zest for life. But above all he was a people person, a people magnet. Everyone liked him, and the reason is understandable: He was always extending himself, always wanting to be of assistance, and never asking for anything in return. He had more close friends than anyone I ever knew. "He had a huge heart and he wore it on his sleeve. When you were his friend, you stayed his friend." 38 faculty New roles for professors and staff Charles Patrick Ewing Guyora Binder Kim Diana Connolly hree SUNY Buffalo Law School professors have assumed new administrative roles, Dean Makau W. Mutua announced. SUNY Distinguished Service Professor Charles Patrick Ewing, a longtime SUNY Buffalo Law professor who has published widely in the area of forensic psychology and the law, will serve as vice dean for academic affairs. He previously served as vice dean for legal skills. In his new position, Ewing is responsible for overall operation of the Law School's curriculum, including leading faculty planning and hiring adjunct professors, and moot courts, our trial advocacy program and use of the Letro Courtroom. SUNY Distinguished Professor Guyora Binder will serve as vice dean for research and faculty development, a role designed to provide comprehensive support to faculty scholar- T ship. He will organize faculty workshops, communicate faculty achievements, approve research assistants, advise the dean on the allocation of other research resources, and generally work to increase the school's support for faculty research and development. Professor Kim Diana Connolly, who directs the Law School's clinical program, takes on the additional responsibilities of vice dean for legal skills. In this role, she will oversee SUNY Buffalo Law's legal research and writing and trial courses, the academic support program, the externship program, mediation program and Law School journals. In addition, Dean Mutua announced that four key Law School administrators will take on additional duties. Bobby Jo LaDelfa will oversee Law School financial aid and will become assistant dean for records, registration and financial aid. Lillie Wiley- Upshaw will oversee orientation and student groups and will take the title vice dean for admissions and student life. Vice Dean for Student Services Melinda Saran will develop and implement a program providing opportunities for students to do pro bono work. Finally, Rebecca Donoghue, who serves as executive assistant to the dean, will coordinate our annual Commencement activities. S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 39 Rethinking felony murder Binder's book sheds new light on a controversial area of criminal law rofessor Guyora Binder's new book comes to the defense of one of the most-maligned features of criminal law � felony murder rules, which impose liability when certain felonies cause death. Felony murder liability is widely scorned as irrational, says Binder, who serves as vice dean for research and faculty development at the Law School. And some of the examples he discusses seem to make that case: A bank robber convicted of felony murder after a bank employee suffered a fatal heart attack once the robber had left the scene; the driver of a stolen car convicted of felony murder after a 2year-old darted out in front of him; a cocaine user convicted of felony murder when a companion overdosed on the drug. Yet Binder argues that these examples are misapplications of felony murder, reflecting misunderstanding of its principled basis. Binder contrasts these cases with others, where felony murder liability was properly applied: a rapist smothered a child victim in an effort to silence her; a robber fired a gun inadvertently while using it to menace a victim; a fire set in a storefront to defraud the insurance company spread to a neighboring apartment, and kills a family. Five hundred to 600 cases each year are prosecuted as felony murder in the United States, Binder says. In by far the most common felony murder scenario, an armed robber intentionally shoots a victim or a police officer, with no provable intent to kill. "The law of felony murder has been viewed as an extreme example of legal formalism," Binder says. "A lot of scholars assume it doesn't make any sense, that it's a legacy of ancient English common law that got incorporated into our legal system after the Rev- P olution, and that there's no way to reform felony murder laws to make them rational." All three of those assumptions, he argues in Felony Murder (Stanford University Press), are wrong. Binder says that, contrary to popular belief, felony murder laws are an American invention, not an import, and they were enacted by legislatures, not courts. As to the claim that these statutes are irrational, his response is: Not necessarily. "The law of felony murder is often described as, if somebody dies accidentally, you're liable," Binder says. "That was never the rule. Really what's involved is a defendant's liability for causing death negligently and for a bad reason.""If we kill intentionally, a good reason can mitigate or eliminate guilt, and a bad reason � eliminating a witness, say or persecuting a religious group � can aggravate it. The same is true for causing death carelessly." Some critics, he writes, "argue that felony murder liability is a morally arbitrary lottery, in which punishment depends on the fortuity that an unintended death occurs in the course of a felony, regardless of the felon's culpability for that death." But, he says, "Consequences do matter in everyday morality. We take actual harm a lot more personally than we take risk. For example, we punish successful murders more than we punish failed attempts." In considering reforms of felony murder laws, Binder disagrees with legal scholars who assert that the statutes are beyond fixing. "Because scholars have criticized felony murder liability as utterly irrational, they are dismissing the views of the electorate and not giving legislatures and courts guidance about how to make it more rational," he says. "They're saying it can't be made rational. But in fact, felony murder law as actually applied is pretty reasonable in most jurisdictions. Where it isn't, the challenge is to conform the law to its justifying principles." B inder says he hopes Felony Murder will be read by legal scholars, professors and law students; by judges, whose jury instructions reflect their understandings of the law; and by defense attorneys and especially prosecutors. "I really hope it influences prosecutors," he says. "We really rely on principled decision-making by prosecutors." Another intended audience: thoughtful lawmakers who might have the courage to go beyond toughon-crime rhetoric and look at logical reforms to felony murder laws. "I'd like responsible legislators to be able to say, `I support felony murder liability, but there are cases where it doesn't apply,'" Binder says. "We need to have a principled law." 40 faculty Practical ethics Mather's new book looks at the contexts that affect lawyers' decisions new book co-edited by SUNY Buffalo Professor Lynn M. Mather goes deep inside the everyday ethical decisions of lawyers in a variety of practice areas � including corporate litigation, securities, immigration and divorce law � and asks, how does the context in which lawyers work affect the kinds of ethical dilemmas they face and the ways they resolve those dilemmas? Lawyers in Practice: Ethical Decision Making in Context (University of Chicago Press) collects essays whose authors have done empirical research on the subject, ranging from Mather's wide-ranging surveys of divorce lawyers to, in one case, an in-depth study of a single legal services office. Mather's co-editor is Leslie C. Levin of the University of Connecticut Law School. The book grew out of a Baldy Center conference in 2010 that Mather and Levin organized. The premise they wanted to test was that the context in which lawyers practice makes a significant difference in their ethical decision making � that one-size-fits-all guidelines like the ABA's Model Rules of Professional Conduct matter less for attorneys in practice than the informal norms that arise in law firms and in communities of lawyers. "Context matters," Mather says. "Lawyers are subject to different kinds of ethical rules that the Bar imposes on all lawyers. But lawyers in certain areas are also subject to other kinds of rules and regulations which may in fact be more salient to them than the professional rules of conduct." For example, she says, in a firm specializing in personal injury cases, fear of malpractice suits may drive the members' decisions around ethical dilemmas. "Corporate culture" pressures greatly influence these decisions as well, she says."It's those informal rules that emerge within an organization of lawyers that often are the most important. It's what your boss tells you to do. A "It's those informal rules that emerge within an organization of lawyers that often are the most important." � Professor Lynn M. Mather It's what the expectations are of team of litigators who are working together for years on a case and what the lead attorney demands of them." A nother kind of informal pressure comes from a subset of attorneys in a geographical area � divorce lawyers who face each other in county court day in and day out, for example � or from the expectations that attach to practice in a certain kind of community. When she surveyed lawyers in Maine, for example, Mather found a widespread belief that the closer one came to Boston,"the more aggressive the lawyering and the less ethical. There's a sense in which the big-city lawyer is seen as a little shadier. Especially in small cities, reputation becomes an extremely important aspect of informal control." Besides an introduction co-written with Levin, Mather has two essays in the book. Her chapter on divorce law practice, written with Craig A. McEwen, looks at the perils of working in such an emotional realm. One question: Is a divorce lawyer obligated to do what the client wants, even when the client can't think clearly about what he or she wants? "There is a professional rule that says lawyers should provide candid advice, but the question is, how much?" Mather says."We look at the high rate of grievances against divorce lawyers and then consider why is it that so many complaints are filed against divorce lawyers for professional misconduct." Tellingly, she says, non-specialists tend to get more complaints than divorce specialists,"precisely because it's such a difficult area to practice in. A smalltown lawyer may not realize just how vulnerable she is when she takes on a divorce case and tries to treat it like a real estate matter or a personal injury case." In a chapter written with John M. Conley, Mather notes the dilemmas arising in the high-stakes world of patent law practice, in which many small offices have been bought up by large corporate law firms."That has led to changes in the nature of the practice," she says."The biggest danger is in violation of the obligation to avoid conflicts of interest. You can know so much about the science of one client's invention that if you take on another client in the field, you risk having a conflict of interest." That is a serious problem for patent lawyers."In other areas of law," Mather explains,"conflicts between current and former clients are determined by the names of the parties but in patent law � with its specialized technology -- it's the subject matter that counts." In keeping with its origins in the Baldy Center, the book is interdisciplinary: About one-third of the contributing authors are social scientists, another third are legal scholars, and the balance have both legal and social science training. Indeed, Mather hopes the book will find an audience in law school classes on professional responsibility, in sociology courses on the professions, and with "anybody who's interested in what it's like to be a lawyer." S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 41 No more silence On NPR, Professor Ewing explores the limits of professional confidentiality hen is it ethically responsible to breach a professional confidence in order to prevent an outbreak of violence? That was the topic on National Public Radio's Talk of the Nation program on Aug. 13, and SUNY Distinguished Service Professor Charles Patrick Ewing, a forensic psychologist and attorney, was the featured guest. Speaking from the studio of Buffalo radio station WNED with host Lynn Neary in Washington, D.C., Ewing talked from experience about times when colleagues have asked him for advice in difficult ethical situations. A partial transcript of his comments follows; to listen to the NPR program, go to www.npr.org/2012/ 08/13/158703291. � � � few years ago, a psychologist from another state contacted me and wanted legal advice. He'd been seeing a patient who was injured in an accident and had a personal injury suit that was taking a long time in the courts. And as the psychologist was treating this man, over time, the man became increasingly obsessed with getting his case settled, said that his lawyer was thwarting that. He began to make statements about making the lawyer pay, getting the lawyer, taking care of the lawyer. One day, the patient came in and announced that he knew where the attorney lived, because he'd been following him. And then about a week later, he told him that he had purchased a gun, and he planned to use it to do whatever it took to make his case get going, in his words. The psychologist believed, at that point, that the patient may have been planning to shoot the lawyer. He was under no legal duty to warn. He was under a legal duty to keep this confidential. And his question to me was: What do I do? What we had here was two com- W A "We all value life over principles, even deeply held principles such as confidentiality." � SUNY Distinguished Service Professor Charles Patrick Ewing peting interests. One is confidentiality, the relationship between the psychologist and patient, on the one hand; and on the other hand, the safety, perhaps even the life of another human being. There are a number of judgment calls you have to make. One is: Is this a serious threat? Is it a threat that's made against a specific person? And is the threat imminent? To me it was a no-brainer, both legally and ethically. Ethically, I think we all value life over principles, even deeply held principles such as confidentiality in a professional relationship. And legally, I told him that I could not imagine a jury or a licensing board taking negative action against him if he made this report and violated the confidence of his patient. But I did tell him that I could imagine that with creative lawyering and creative judging, he could be held liable in the long run if he didn't take some reasonable steps to protect the attorney's life in this case. I've been in this field for 30 years, and I'm constantly making decisions about whether someone poses a danger to self or others. But most mental health professionals, most psychologists, psychiatrists, psychotherapists, have little to no training and little to no ability to make those kinds of judgments. That's part of the problem with these laws: We're imposing a duty where we really believe people can do what they can't do, and that is predict the future. The key is notifying the patient up front before the relationship begins that there are limits to confidentiality. So if a patient tells you about information that leads you to believe that a child's being abused or has been abused, all bets are off in terms of confidentiality. The best way to handle it is to give the patient a laundry list right from the start, saying these are the instances in which there will be no confidentiality. And interestingly, I found in my own practice that it really didn't make any difference in terms of what people revealed to me. These laws require us in the mental health professions to take reasonable steps to prevent the harm from occurring. I can't think of an instance in which I or one of my colleagues has contacted the individual who's threatened directly. I think it's much better, much safer to contact the police. 42 faculty Getting to yes Professor Kim Diana Connolly represents the U.S. in tough global wetlands negotiation on the treaty, and notes that 34 U.S. sites have been designated as Ramsar wetlands � as small as a protected area on the Ohio State University campus, and as big as the Florida Everglades. Worldwide, over 2,000 wetlands have been designated as being of international importance. The designation, Connolly says, imposes very limited legal obligations on the country where the wetlands are located, but carries a kind of moral suasion that can protect the sites from encroachment and development. The major work of the 10-day conference was hammering out resolutions that deal with wetlands. Connolly was the lead person for the U.S. delegation on a resolution asserting that global climate change has significant impact on wetland resources, that countries should institute measures to protect wetlands against its effects and prepare for a changing planet, and that scientists associated with the Secretariat should engage in serious efforts to study the matter. Her working group, she says, met early in the mornings before the daily plenary sessions began at 10 a.m., then reconvened at 6:15 p.m. and worked late � sometimes till 1 a.m."Part of the process of international negotiation is allowing people the time and space to make their statements," she says."If you just relax into the process and know that people just need to say what they need to say, the work can get done and win-win solutions can be crafted." Working line by line, word by word, they finally crafted a resolution that all the delegates could endorse. They fin- ished it literally at the last minute, huddled on a balcony of the national Parliament building overlooking the main avenue of Budapest. Her role, Connolly says, was to serve a client, in this case the U.S. State Department, which was in favor of a resolution but needed some changes before approval."It's an honor to represent the U.S.," she says,"but I'm speaking on behalf of the United States of America, which just feels really different than my normal wetlands work." Because of the resolution, she says, the Ramsar Convention's scientific and technical review panel will get to work examining the impact of global climate change on wetlands."We're the unique convention working on the intersection on wetlands and climate change," Connolly says."Wetlands are horribly affected by climate change; they can be inundated, and their characteristics can change. But wetlands can also provide a strong opportunity for mitigation against climate change," in such areas as flood protection and preservation of water quality. The gravitas of a Ramsar Convention resolution, she says, should inform the internal deliberations of member nations. Professor Kim Diana Connolly, vice dean for legal skills and director of the Law School's clinical program, traveled to Bucharest, Romania, as part of the U.S. delegation to the 11th Conference of the Parties of the Ramsar Wetlands Convention, held July 6 to 13. I t's not often that one has the chance to represent the interests of the United States in the midst of a crowd of delegates from 162 nations. But that was the experience that SUNY Buffalo Law Professor Kim Diana Connolly, whose scholarship has focused on wetlands law, had in Bucharest, Romania, in early July. The occasion was familiarly known as COP11, or more formally, the 11th Meeting of the Conference of the Contracting Parties to the Ramsar Convention on Wetlands. The Ramsar Convention, signed in Iran in 1971, seeks to stem the loss of wetlands and promote their economic, cultural, scientific and recreational value. Signatories to the treaty, including the United States, meet every three years to consider further resolutions on wetlands preservation and update each other on their work on behalf of wetlands in their countries. Connolly, who serves as chair of the U.S. National Ramsar Committee, was there as a member of the U.S. delegation. She has published several articles T he resolution process may seem like a debate team's worst nightmare, but Connolly says it provides fodder for the classroom."I will teach multilateral negotiation by using this example, so I have more teaching opportunities for my students," she says."I came back with great stories and pictures, and they engage more in learning about the nuts and bolts of negotiation by hearing about this and seeing the pictures. It's how real negotiation works." Connolly adds that the working group "would have gotten to a resolution without me, but one of the things I did in the working group was that I spoke as a law professor who teaches negotiation, and thus helped people procedurally work through the process." And personally, Connolly says, "Just the energy of 10 days with a whole bunch of people who care with all their heart and soul about wetlands really lifts me up as a scholar." S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 43 Serving from the top Ronald J. Winter '81 has ambitious plans as newly elected national leader of Phi Alpha Delta "the personal attention that we can provide our members through our alumni network is really second to none," he says. As International Justice, Winter says he wants to recruit 6,000 new law student members during the upcoming academic year; enhance the fraternity's Web site; encourage greater use of the alumni network; and find a new headquarters for the organization, which sold its Baltimore office building this summer. The fraternity's networking capabilities are even more important, Winter says, in today's difficult legal employment market."The days of getting into law school, graduating and being set as an attorney are behind us," he says. "There has been an upheaval in the belief that a law degree guaranteed longRecruiting law students, left to right: Mike Ellman '13, Henry Zomerfeld '14, Allison term employment. We see attorneys beBozinski '13, Ronald J. Winter '81, Jamella James '15 and Ken Bostick '13. ing laid off, and certainly the young graduates are competing in the job market with people who have experience." s he takes over the highest lead- dreamed I would end up holding the Phi Alpha Delta is working to help ership position in the nation- gavel." law students expand their vision of the wide legal fraternity Phi Alpha Since those early years, he has served kinds of jobs in which they can use their Delta, in a sense Ronald J. Winter '81 has the organization on the regional level, legal skills, he says, adding,"Enhancing come full circle. and was first elected to the board in their marketable skills and increasing He joined the organization as a first- 1994. the network of contacts within our proyear law student, and in his first postPhi Alpha Delta is the largest law fra- fession is what this fraternity is all Law School job � "a week after I took the ternity in the world and the secondabout." bar exam," he says � he traveled the nalargest legal organization in the United And for established lawyers, he says, tion on behalf of Phi Alpha Delta, visit- States, after the American Bar Associa"it's important to play an active role in ing law schools, troubleshooting probtion. It has chapters throughout the guiding our law students and young atlems and talking up the fraternity's mis- United States, Canada, Mexico and torneys on their path. They should find sion of "service to the law student, law Puerto Rico � at 206 ABA-accredited law an outlet that they're passionate about. school, community and profession." schools, over 300 undergraduate colIn my case, all along it's been Phi Alpha Now he will serve for two years as In- leges and universities, and in 90 comDelta. I believe wholeheartedly in its ternational Justice � equivalent to board munities worldwide. The Buffalo chap- mission of service to the law student, law chairman � after winning election at Phi ter was organized in 1968 and is named school, community and profession." Alpha Delta's biennial convention in in honor of Carlos C. Alden, the fourth Scottsdale, Ariz., in August. dean. "It's the culmination of a lifetime of "The focus of our law school chapinvolvement with Phi Alpha Delta ters is to complement or supplement the which began at UB's Law School 34 education of our law students by adding years ago when I was initiated," says a more practical component, providing Winter, who serves as principal law clerk them with some hands-on education to New York State Court of Claims with regards to legal practice," Winter Judge Richard C. Kloch Sr. in Lockport. says. An important part of that work is "Never in a million years would I have helping students with job networking; A 44 law alumni association Board of Directors 2012-13 Front row, left to right: Assistant Director Lisa M. Mueller, Sheldon K. Smith, Laurie Styka Bloom, Mary Penn, Vice Dean for Academic Affairs James A. Gardner, Richard F. DiGiacomo, Terrence M. Gilbride, Hon. E. Jeannette Ogden, Brian M. Melber, Hon. Barbara Howe, Amy P. Herstek, Executive Director and Vice Dean Ilene R. Fleischmann and Kenneth A. Manning Second row, left to right: Hon. Lenora B. FooteBeavers, Stephanie Saunders, Linda Lalli Stark and Robert L. Boreanaz Third row, left to right: Ryan J. Mills, William F. Savino and Marc W. Brown Fourth row, left to right: Marion K. Henderson and Pietra G. Lettieri. On stairs, left to right: Scott C. Becker, Brian D. Gwitt, Michael T. Feeley, Mary Pat Enright Fleming, Robert P. Heary, Angela Zwirecki Miller, Alan J. Bozer and Christopher E. Copeland Brian M. Melber '96 elected president rian M. Melber '96, left, has been elected president of the SUNY Buffalo Law Alumni Association. A partner in the Buffalo law firm of Personius and Melber, he concentrates his practice in white-collar criminal defense, business litigation, commercial litigation, personal injury and false claims practice. A 1992 graduate of Canisius College, he was an associate with Brown & Kelly from 1996 through 2001 before joining Personius and Melber. B A member of the American Bar Association, the Erie County and New York State bar associations and the Western New York Trial Lawyers Association, he is a director of the Bar Association of Erie County. Melber is an adjunct instructor of trial technique and advanced trial technique at SUNY Buffalo Law School, and has trained law students for moot court trial competitions against law schools across the nation for more than 10 years. New alumni directors for a three-year term are: Christopher E. Copeland '02 Michael T. Feeley '92 Joseph M. Hanna '05 Ryan J. Mills '03 Stephanie A. Saunders '00 Kirstin Lowry Sommers '99 Linda Lalli Stark '84 S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 45 GOLD Group 2012-13 Front row, left to right: Executive Director Ilene R. Fleischmann, Vice Dean for Academic Affairs James A. Gardner, Ryan P. Crawford, Jessica M. Baker, James M. O'Keefe, Ryan Parisi, Teia M. Bui and Assistant Director Patricia L. Warrington Second row, left to right: Kimberly A. Georger, Kathleen T. Feroleto and Anne E. Joynt Third row, left to right: Marnie E. Smith, Jeffrey P. Gleason and Michael J. Hecker Fourth row, left to right: Patricia C. Sandison and Stephanie J. Calhoun On stairs, left to right: Kevin Espinosa, Seth D. Pullen, Elizabeth Blazey-Pennel, Michael J. Pastrick, Elizabeth Fox-Solomon, Jeffrey T. Fiut and Joshua E. Dubs Join your Law Alumni Association today! No matter where you live or work, your Law Alumni Association can help you meet other alumni in your area, organize events or develop your professional network. We have chapters in the following areas: Albany, N.Y. Rochester, N.Y. Jennifer K. Meldrum '10 firstname.lastname@example.com New York City Kevin M. Grossman '04 firstname.lastname@example.com and James E. Lonano '08 email@example.com Washington, D.C. Rebecca Monck Ricigliano '99 email@example.com Chicago Sada Manickam '96 firstname.lastname@example.com Daniel A. Sikka '07 firstname.lastname@example.com Central New York If you are interested in organizing a chapter in your area, contact: Lisa M. Mueller '93 Assistant Dean for Alumni and Communications firstname.lastname@example.com Sam M. Tamburo '65 email@example.com Renew for 2012-13 law.buffalo.edu/alumni 46 law alumni association reunion Melvyn Hurwitz and William J. Magavern Class of 1962 Class of 1962 50th Reunion Friday, May 18 Russell's at Salvatore's Grand Hotel Standing, left to right: Stephen Gurney, Daniel Gorman, Marvin Dubin, William Magavern, David Quinn, Roger Davison, Peter D Cook, Lou Vallone, Frank McGarry, Anthony J. Polito, Hon. Robert E. Nicely, William Schulz, Melvyn Hurwitz, Robert A. Moeller, Samuel J. Novara, Carl Dobozin Sitting, left to right: Gerald J. Greenan, Willard J. Magavern Jr., Daniel E. Barry Jr., Angelo F. LaDuca, Phillip Brothman Hon. Robert E. Nicely 50+ Reunion Seated, left to right: Anthony J Colucci Jr. '58, Herbert Shafer '50, John F. Canale '47, Hon. Ann T. Mikoll '54, Hon. Joseph J. Sedita '50, Hon. Frank A Sedita '60, W. Donn McCarthy '51, Ralph Halpern '53, Arc J. Petricca '55 Standing , left to right: Anthony M. Sortino '60, Anthony D. Parone '60, Sandy Rosenblum '62, Gerald J. Greenan '62, Phil Brothman '62, Frank R. Papa '52, Hon. Charles Newman '50, Roger Davidson '62, Mel Hurwitz '62, Hon. John P. Lane '53, Sandy Silverberg '57, Grace Marie Ange '57, John B. Elliott '57, Tom Kelly '52, Arthur N. Bailey '59, Frederic Washburn '53, Stuart A. Gellman '61 Left to right: Arc J. Petricca '55, Hon. Frank A. Sedita '60, John P. Lane '53 For more photos, visit: www.law.buffalo.edu/forum/extra.asp S U N Y B U F F A L O L A W F O R U M � F A L L 2 0 1 2 47 THE WIDE ANGLE Alumni connections across the nation SOCIAL NYC SUMMER ub Aspen Social Cl W ROCH herever you work or live, you can connect with your UB Law classmates and friends by friending the UB Law Alumni Association on Facebook. Visit http://law.buffalo.edu/facebookLAA.asp to get connected today! ESTER Welcom J e New S UDGES RECE tudents PTION s r Career Service sociate Dean fo Left to right: As and Aditi Bhardwaj '11 Lisa M. Patterson ALBANY, N.Y. s Day at the Race Coca-Cola Fiel LD GROUP RECEPTION d BUFFALO GO Left to r Modica ight: Brittany M '15 and Jacob R. . Crowley '15, A nne F. Ark '15 NYC m iew Progra Mock Interv t Jr. James W. Everet '83 ROCHESTER RECEPTION Newly Admitted Attorneys GOLD Group D irector Michael J. Hecker '09 Coca-C LO GOLD GR ola Field OUP RE BUFFA CEPTIO N of the NYC o '99, chair med '13. an li ig ic R Ah onck Rebecca M apter, interviews Raad Alumni Ch Left to right: Jesslyn A. Holbrook '11, Nathaniel S. Bank '11, Hon. Erin M. Peradotto '84, Phillip G. Borrelli '11 and Rachelle M. Hoeflschweiger '11 GOLD G and Fra roup Director nk Ewin s Seth D g '12 . Pullen '09 For more photos, visit: www.law.buffalo.edu/forum/extra.asp 48 alumni association Alumni welcome the Class of 2015 odore A. ents The amer '14 d u st r e Transf Nicole E. Kr and Joerg '14 LLM students Cisneros Vilc Rajivan Thillainadarajah Fourie, Blanchis, Raja Harshavardhan, , Brenda a Owen and Je Elana eah Kim Corey S. Chapin '15, Mich and Samantha A. ael S. Solomon '15 Kintz '15 nany '15, an J. McA Smyth '15, y R , 5 '1 o ilitell n R. . 5, Jonatha Remy A. M Deacon '1 t '15 and Michael N . M y ll o M ld fe n le E . Kathleen E5 Borruso '1 , . Hanna '05 r Joseph M te Past to ec ir D A A ia L up Immed GOLD Gro nne E. Joynt '05 and A t en d Presi ant '15 James A. Bry 1L's listen to the welcoming remarks at the Center for Tomorrow on Aug. 30. Speakers were Vice Dean Ilene R. Fleischmann, Law Alumni Association President Brian M. Melber '96, GOLD Group President James M. O'Keefe '07 and Vice Dean Lillie Wiley-Upshaw. Sean M Hanrahan '15,. Jessica N. Carbone '15 and Maxwell B. Cohen '15 Jillian M. , Parker '15 . Rebecca A '15 Fioravanti ael A. and Mich '15 te n a n ra Ca LAA Officer Marion K. Henderson '65 and Elahe Hosseini '15 For more photos, visit: www.law.buffalo.edu/forum/extra.asp Visit us at www.law.buffalo.edu SUNY Buffalo Law Forum Editor: Ilene R. Fleischmann Designer: John Davis Photographers: Janet Charles, Donald Dannecker, K.C. Kratt, Doug Levere, Rob McElroy, Mark Mulville and Nancy Parisi Mailing address: SUNY Buffalo Law Forum 310 O'Brian Hall Buffalo, NY 14260 � Copyright 2012 by SUNY Buffalo Law School Volume 26, Number 1. All Rights Reserved Follow us on: facebook.com/ublaw twitter.com/sunybuffalolaw law.buffalo.edu/linkedin.asp youtube.com/ublawschool flickr.com/ublaw SUNY Buffalo Law Forum is mailed free to alumni, faculty, students and friends of SUNY Buffalo Law School. Send your comments or suggestions to Ilene R. Fleischmann at email@example.com Cover photos, left to right: Dean Charles Daniels, Dean Carlos Alden, Dean Jacob D. 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