U N I V E R S I T Y O F CO LO R A D O L AW S C H O O LVOLUME XXII, NUMBER 1, FALL/WINTER 2005

Amicus

Colorado Law centers,

programs, and clinics

are building a national

reputation for

constitutional law,

telecommunications,

natural resources,

juvenile and family law,

American Indian law,

criminal and civil

practice, and

entrepreneurship.

I N S I D E : Wolf Law Building Update

AMICUS is produced by the University of Colorado LawSchool in conjunction with the Office of Publications andCreative Services.

Inquiries regarding content contained herein may beaddressed to:

Kirsten Dueck Director of Alumni Relations and CommunicationsColorado Law School401 UCB Boulder, CO 80309kirsten.dueck@colorado.edu

Editing: Jon Leslie

Design and production: Mike Campbell and Barb Diehl

Photography: Larry Harwood, Casey Cass, and Kirsten Dueck

Project management: Lisa DeYoung

The University of Colorado does not discriminate on the basis of race,color, national origin, sex, age, disability, creed, religion, sexualorientation, or veteran status in admission and access to, and treatmentand employment in, its educational programs and activities.

Printed on recycled paperD

From the Dean 2

A Vision to Build On

Wolf Law Building Update 4

Building Rises as Final Phase ofFundraising Campaign Begins

Pillars of Excellence 6

Colorado Law centers, programs, and clinicsare building a national reputation forconstitutional law, telecommunications,natural resources, juvenile and family law,American Indian law, criminal and civil practice, and entrepreneurship.

Law School News 17

Faculty News 20

Alumni News 26

Calendar back cover

Contents

Fall 2005 1

2 Amicus

A Vision to Build On

In1892, when the first students entered the University ofColorado School of Law, they doubtless had a vision of great things tocome. On a campus where the landscaping changed seasonally frommud to blowing dust, the handful of hardy men and the sternprofessors who taught them laid the foundation for a tradition ofexcellence—the same tradition we continue to build today.

The Law School grew rapidly in size and prestige. In 1901, we joinedthe nation’s best as a charter member of the Association of AmericanLaw Schools. In the years that followed, we distinguished ourselves

through the public service of our graduates, providinggovernors, state legislators, U.S. senators and congressmen,and most of the judges for the state.

Not content simply with meeting Colorado’s demand foraccessible legal education, we believed the state shouldhave the best law school possible, and—through theongoing achievements of our graduates and faculty—wehave gained and maintained national prominence. Since thefirst law school rankings appeared in the 1980s, CU hasplaced in the top tier, even as we continually strive tobecome better.

What it takes to be a great law school has changed withtime. Over the years, the criteria for excellence have grown.Beyond the constant of a demanding academic program thatfosters rigorous analytical skills, great schools must nowprovide a wide range of specialized course offerings, variedclinical and practice-oriented educational experiences,comprehensive research libraries, smaller class sizes andfavorable ratios of faculty to students, faculty research thatcontributes to the intellectual advancement of the law, andco-curricular activities like moot court competitions andcommunity service.

Today’s great law schools need state-of-the-art facilities toaccommodate a wider array of programs, practice-orientedcourses, a library with varied resources for legal research,and technology-based teaching methods. Leadership inresearch and education through the creation of first-ratecenters and programs in fields of special interest is now amajor indicator of law school excellence. Attracting the best

students and faculty members is also vital, and the “best” must nowqualify not only by traditional academic measures, but also by virtueof a diversity of experiences, perspectives, races and ethnicities, and interests.

Fall 2005 3

From the Dean

By every criterion, the University of Colorado School of Law has risen to the challenges of change in legal education. Most recently, weovercame seemingly insurmountable barriers to replace a building wehad long ago outgrown. The new Wolf Law Building will open its doorsin fall 2006 and will be a monument to the generosity of the donorsand students who provided the funding and to the ingenuity andcommitment of the Law School and university community, whowould not be defeated by difficulty. We thank everyone involved fortheir invaluable support.

This redesigned issue of Amicus reflects our pledge to improve ourcommunication with friends and colleagues. It features the centers andprograms that are essential to the Law School’s pursuit of excellence,including our three nationally recognized research and educationprojects—the Byron White Center for the Study of AmericanConstitutional Law, the Silicon Flatirons TelecommunicationsProgram, and the Natural Resources Law Center—and our clinicaleducation initiatives, from one of the first client-centered civil andcriminal programs in the nation to our incipient juvenile and familylaw clinic.

These programs help to define and build our prominence among thenation’s law schools. Moreover, they engage our students and facultyin the larger community. Outreach, civic engagement, and service are central to our mission, and just as those first students and facultyhad a vision of great things to come in 1892, the programs featuredhere are critical to fulfilling our own vision in the milieu of legaleducation today.

Best regards,

David H. Getches

“By every criterion,

the University of Colorado

School of Law has risen to

the challenges of change

in legal education.”

4 Amicus

Building Rises as Final Phase of Fundraising Campaign Begins

CU Alumnus Commits $1 Million GiftNancy and John Wittemyer (inset, facing page),longstanding supporters of the University ofColorado, have committed $1 million to the Schoolof Law in support of the Wolf Law Building. Thefunds will enable construction of the building’sstate-of-the-art courtroom, which will carry theWittemyer name, and is one of the largest privategifts committed to the building project to date. TheWittemyer gift carries Colorado Law into the finalphase of building fundraising with just $2.1 millionneeded to complete construction. “The Wittemyerfamily’s tradition runs deep and wide at CU,” saidSchool of Law Dean David Getches. “We areespecially proud to have the Wittemyer name onthe new courtroom. John Wittemyer’s accomplish-ments as a distinguished alumnus, a respectedwater lawyer and a successful businessman willinspire our students for generations to come.”

Three generations of Wittemyers are graduates ofthe Law School and 17 family members havegraduated from the University of Colorado system.Mr. Wittemyer served as a director of the AlumniAssociation for nine years and as president of thatorganization from 1992 to 1993. “Nancy and I arepleased to be able to provide meaningful assistanceto this outstanding institution at a time when itcounts. The courtroom is the essence of the LawSchool and the foundation of our civilized society,”said Mr. Wittemyer. “Experience has underscoredfor us the integrity, importance, and excellence ofthe University of Colorado School of Law in thewestern United States.”

Construction is progressing quickly on the historic Wolf Law Building. The highest steel beamsare in place, and students, faculty, staff, and alumnicelebrated the “topping out” on September 22. Along-held dream of Colorado Law, this LEED-certifiedfacility—meeting the highest standards for energyand environmental design—will immediatelyenhance the learning experience of Colorado Law students when it opens in August 2006. The new lawlibrary will be 50 percent larger than the existinglibrary. The building will house dedicated spaces for the Law School’s clinics, scholarly journals, andlegal research centers; 18 classrooms ranging in sizefrom 20 to 100 seats; two state-of-the-art mock courtrooms; and administrative offices for faculty and staff.

This fall marks the beginning of the final phase of the fundraising campaign for the building. We are appealing to all alumni and friends to support thislong-awaited project and to help us successfully meetthe $12.8 million private fundraising goal. For information about making a contribution, contact our Director of Development, Julie Levine, at 303-735-6196 or julie.levine@cufund.org.

Fall 2005 5

“We are well on our way towards

transforming the study of law at CU

forever, but we continue to rely on

the generosity of our many friends

and supporters to see the project

through to its completion.”

—David H. Getches,Dean of Colorado Law

6 Amicus

Important questions are being asked at the University of ColoradoSchool of Law. As construction of the Wolf Law Building progresses (seepage 4) and our students gain national recognition in many areas of the law,Colorado Law centers and programs are examining everything from freedomof religion, to regulation of Internet-based telecommunications, to thefuture of the Colorado River. Our centers and programs of excellence inconstitutional, telecommunications, and natural resources law have earnednational prominence for asking the hard questions, challenging policy

makers, and providing students with practical clinical experience—and their success haslaid a solid foundation for our emerging programs and clinics in juvenile and family law,American Indian law, criminal and civil practice, and entrepreneurship law.

The following pages contain overviews highlighting the ongoing accomplishments of ourcenters, programs, and clinics. By raising the level of discussion on issues important toAmerican society, we are elevating the tradition of Colorado Law and fulfilling ourmission of outreach, civic engagement, and service to the larger community.

PILLARS OF EXCELLENCE

Lorenzo A. TrujilloAssistant Dean for Students and Professional Programs

Fall 2005 7

telecommunications

in the West?

How well doprotect water resources

current laws

How far doesthe exercise of

free religion extend?

industry? of regulation in the

What is the future

Byron R. White Center for the Study ofAmerican Constitutional Lawwww.colorado.edu/law/centers/byronwhite

We’re the only branch of government that explains itselfin writing every time it makes a decision.

—Byron R. White, U.S. Supreme Court Justice

In 1990, Colorado Law alumus Ira C. Rothgerber, Jr.’s generous bequestenabled the founding of the Byron R. White Center for the Study of AmericanConstitutional Law. Named for the famous CU alumnus, Rhodes Scholar,Heisman Trophy winner, and Supreme Court Justice, the center exists todevelop the study and teaching of constitutional law, bringing together theviewpoints of the attorney and the legal scholar in the debate of constitutionaltopics, while incorporating the perspectives of other academic disciplines suchas history, philosophy, and political science.

An Incubator for Constitutional ThoughtEach year, the center hosts Ira C. Rothgerber, Jr. Conferences on Constitu-tional Law, attracting prominent scholars, attorneys, and students from acrossthe country. Topics of past conferences have ranged from the impeachment ofPresident Clinton to the constitutionality of Colorado’s Amendment 2, withfeatured speakers such as Justice Ruth Bader Ginsburg, Judge David Ebel, andProfessor Ronald Dworkin.

Building National InfluenceThe center has raised the Law School’s constitutional law program to amongthe best in the country by encouraging faculty scholarship, sponsoringexceptional faculty writing, attracting first-rate constitutional scholars, andsupporting visiting professorships from prominent scholars such as ArchibaldCox and Herbert Wechsler. It strives simultaneously to build Colorado Law’sreputation as a national center for constitutional debate and to integrateColorado Law into the overall life of the University of Colorado communityby incorporating the ideas and perspectives of non-law students and faculty.

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Pillars of Excellence: Centers

Ira C. Rothgerber, Jr. Conferenceson Constitutional Law, Past Topics

2005 Conscience and the Free Exercise ofReligion

2004 Constitutional Conflicts on Public Lands

2003 Justice White and the Exercise ofJudicial Power

2001 Conservative Judicial Activism

2000 The End of School Desegregation?

2000 Law and Character

1998 The Starr Chamber: The ClintonScandal and the Constitution

1996 Gay Rights and the Courts: TheAmendment 2 Controversy

1994 Guaranteeing a Republican Form ofGovernment

1993 Freedom of Speech in a World ofPrivate Power

1991 Constitutional Theory and the Practiceof Judging

1990 Constitutional Law and the Experienceof Judging

DirectorRichard Collins was appointed Director ofthe Byron R. White Center for the Studyof American Constitutional Law in 2002.Professor Collins has written and lecturedon such topics as the exercise andestablishment of religion clauses and theirrelationship to Indian Tribes, the

CommerceClause, andballot initiativesand referendums.His recentresearch projectsinclude a treatiseon the ColoradoConstitution,written with DaleOesterle; an

article on sacred sites on governmentlands in the United States, Australia, NewZealand, and Canada; the forthcomingrevision of Felix Cohen’s Handbook ofFederal Indian Law, and an article in theColorado Law Review on lawmaking bycitizens’ initiatives.

Sally Blackmun, daughter of Supreme Court Justice Harry Blackmun, speaks at The JusticeBlackmun Papers, a program sponsored by the Byron R. White Center for the Study ofAmerican Constitutional Law.

Fall 2005 9

Natural Resources Law CenterWelcomes New DirectorProfessor Mark Squillace became theDirector of the Natural Resources LawCenter at the University of ColoradoSchool of Law in August 2005. Beforecoming to Colorado Law, ProfessorSquillace taught at the University ofToledo College ofLaw where hewas the CharlesFornoff Professorof Law andValues. Prior toToledo, ProfessorSquillace taughtat the Universityof WyomingCollege of Lawwhere he served a three-year term as theWinston S. Howard Professor of Law. Heis a former Fulbright scholar and theauthor or co-author of numerous articlesand books on natural resources andenvironmental law. In 2000, ProfessorSquillace took a leave from law teachingto serve as Special Assistant to theSolicitor at the U.S. Department of theInterior. In that capacity he workeddirectly with Secretary of the InteriorBruce Babbitt on variety of legal andpolicy issues.

Natural Resources Law Centerwww.colorado.edu/law/centers/nrlc

The center has gained a reputation as a trusted voiceon resource law and policy matters, especially in thefields of water resources policy, public landmanagement, and energy resource development.

In the fall of 1981, the dean of the Law School convened a distinguishedcommittee of natural resource lawyers to consider a proposal to establish acenter for natural resources law. That meeting resulted in the founding of theNatural Resources Law Center in 1982. The center is recognized nationally forits research and writing on natural resources and environmental issues in theAmerican West. Through research and education, the center strives to promotethe long-term sustainability of the West’s natural resources, environment, andcommunities. The center is best known for its annual conferences that offeran opportunity for attendees to observe and participate in policy discussions.The center promotes vigorous debate, in a neutral setting, so that all mayparticipate openly. Past conferences have examined the Endangered SpeciesAct, management of national forests, and the takings clause of the FifthAmendment.

A Prominent VoiceThe center offers a robust program of interdisciplinary research that seeks tofind policy solutions to the many legal and practical problems that arise in thefield of natural resources. Renowned for its conferences and workshops, thecenter has brought many distinguished visitors to campus who havecontributed greatly to the academic vitality of the law school, includingInterior Secretary Gale Norton; Clyde Martz, a former Department of theInterior solicitor and a long-time friend of the center; and Bruce Babbitt,former Secretary of the Interior.

Ultimately, the center seeks to use its voice to help achieve itsmission of promoting sustainability in the rapidly changingAmerican West by informing and influencing natural resourcespolicies and decisions.

A Sustaining InfluenceThe center plays a large role in the Law School’s core educationalmission, providing students the opportunity to propose their owninterdisciplinary research projects that will enable them to under-stand the important role of policy in their legal education andpersuade them through experience that careful research, well-considered arguments, pursuit of collaborative problem solving, and clear prose can often influence law and policy in a meaningful way.

The Natural Resources Law Center promotes the sustainability of theAmerican West by informing and influencing natural resources policiesand decisions.

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Pillars of Excellence: Programs

Silicon FlatironsTelecommunications Program,Past Speakers

Michael Powell, FCC Chairman

Kathleen Abernathy, FCC Commissioner

Craig Mundie, Microsoft ChiefTechnology Officer

Fritz Hollings, Senate CommerceCommittee Chairman

Michael Gallagher, Assistant Secretary ofCommerce for Communications andInformation

Lawrence Lessig, Stanford Law Professorand Author

CEOs of Level 3, Qwest, Comcast, andTime Warner Telecom

Two heads of the Justice Department’sAntitrust Division

Executive DirectorPrior to joining the Colorado Law facultyin January of 1999, Phil Weiser servedas Senior Counsel to the AssistantAttorney General in charge of theAntitrust Division at the Department ofJustice, advising primarily on telecom-municationsmatters. Beforehis appointmentat the JusticeDepartment,Professor Weiserserved as a lawclerk to JusticesByron R. Whiteand Ruth BaderGinsburg at theUnited States Supreme Court and toJudge David Ebel at the Tenth CircuitCourt of Appeals. Since arriving at CU,Professor Weiser has worked to fortifyCU’s strength in telecommunications andtechnology law, establishing the Journalon Telecommunications & HighTechnology Law and the Silicon FlatironsTelecommunications Program. ProfessorWeiser writes and teaches in the areas oftelecommunications and informationpolicy, recently co-authoring Digital Cross-roads: American TelecommunicationsPolicy in the Internet Age (MIT Press2005).

Silicon FlatironsTelecommunications Programwww.colorado.edu/law/programs/siliconflatirons

Capitalizing on the strong presence of the localtelecommunications industry, the Silicon FlatironsTelecommunications Program brings together campus individuals from legal, technical, regulatory,and business backgrounds to discuss issuesfacing the telecommunications and informationtechnology industries.

As home to the nation’s first interdisciplinary telecommunications program,CU enjoys a long and rich tradition in technology and telecommunicationslaw. Nestled within the Flatirons telecommunications corridor, CU iscentrally located among major corporations like Qwest, CableLabs, Level 3,Sun Microsystems, Time Warner Telecom, and EchoStar. Benefiting from anideal location, the Silicon Flatirons Telecommunications Program was createdto enable Colorado Law faculty and students to work with scholars andexperts from other academic disciplines to explore the frontier oftelecommunications and high technology law and policy.

A Forum for a Changing DebateThe information industries are in the midst of a challenging transition.Entrepreneurs are constantly developing new businesses, and regulators areever seeking to adapt to a dynamic marketplace marked by fast-movingtechnologies. The Silicon Flatirons Telecommunications Program provides aforum for entrepreneurs, lawyers, industry professionals, and policy makers todiscuss changing technologies and new business models and the relevant legalissues associated with them. At its core, the Program’s mission is to examinethe legal and regulatory reforms necessary to meet the challenges created bytechnological change, most notably the Internet and the migration fromanalog to broadband digital technologies.

Developing Human CapitalThe program’s central ambition is to develop cutting-edge initiatives thatinform its audience and expose them to new ideas. Each year, the programhosts nine seminars and an annual symposium. Events regularly draw over200 people each—with equal numbers of students and technologyprofessionals. These events facilitate a healthy balance between theoreticalperspectives and real-world insights and help to inspire and prepare studentsto participate in our emerging information society.

Fall 2005 11

Juvenile and Family Law Programwww.colorado.edu/law/programs/juvenilefamlaw

In the fall of 2004, the Law School launched an exciting new initiative, theJuvenile and Family Law Program. The program was started in response to studentinterest in this area of the law, as well the hiring of new faculty members whospecialize in juvenile and family law (see sidebar). In its first year, the program hadtremendous success. The Law School increased academic course offerings, started ajuvenile law clinic, provided externship opportunities, and sponsored symposia onpressing legal issues in the field.

Real-world ExperienceWith generous support from the Court Improvement Committee, privatefoundations, students, and local bar and professional associations, the programstarted a juvenile law clinic this fall. Twelve students are working with clinicalprofessor Colene Robinson, serving as guardians ad litem for children independency and neglect proceedings in Broomfield County, and as school districtcounsel in truancy matters. In addition to the clinic, students may enroll innumerous family and juvenile law externships, such as working for a magistratejudge on marriage dissolution proceedings.

Debating the IssuesTo complement the doctrinal and clinical courses, the program sponsors symposiaand brown bag lunches throughout the academic year. These programs are open tostudents, and are often open to practicing attorneys and members of the public aswell. In September, the program hosted a full afternoon symposiumen entitled TheLegal Recognition of Same-sex Parents: Law, Psychology, and Ethics. Thesymposium featured numerous speakers, including representatives from Focus onthe Family and the GLBT Center of Colorado, and was co-sponsored by severalstudent groups, including OUTLaw, the Federalist Society, the Republican LawSociety, and the Student Trial Lawyers Association. It was also co-sponsored by theColorado Women’s Bar Association.

FacultyClare Huntington, Associate Professor

Professor Huntington came to ColoradoLaw in the fall of 2004 from the Office ofLegal Counsel (OLC) in the U.S.Department of Justice. At OLC shespecialized in immigration law, which sheteaches at CU. Her other main interest isfamily and juvenile law. ProfessorHuntington has worked on poverty-relatedprojects in India and Senegal. Shegained experience as a caseworker witha foster care agency in New York Citybefore entering law school and clerkingat all three levels of the federal judiciary,ending up as a law clerk to Justices HarryBlackmun and Stephen Breyer on the U.S. Supreme Court.

Colene Robinson, Clinical Professor

Professor Robinson is the former ProgramDirector for the National Association ofCounsel for Children and has worked foryears with homeless teens, pregnant andparenting youth, and mentally ill childrenin residential settings. She was one of tennational Civitas Childlaw Scholars. Afterlaw school, she joined the New York CityLegal Aid Society’s Juvenile RightsDivision, representing children independency, status offense, voluntaryplacement, and delinquency cases in trialand appellate proceedings.

Clare Huntington Colene Robinson

12 Amicus

Over the past 27 years, studentshave participated in cases challenging:

• federal agencies’ compliance with the National Environmental Policy Act, National Forest Management Act, Federal Land Policy and Management Act, Clean Water Act, and other statutes when the agency permits activities—ranging from building new ski areas to authorizing livestock grazing—on environmentally sensitive federal lands

• threats to endangered species like the whooping crane and candidates like the black-tailed prairie dog

• surface coal mining on federal lands containing crucial wildlife habitat

• fences blocking wildlife access to and across federal lands

• litigation brought by property rights advocates who claim that federal controls result in a taking of their private property

• oil and gas leasing and development on federal lands

• road building and mechanized development in wilderness areas and federal “roadless” lands

Natural Resources Litigation Clinicwww.colorado.edu/law/clinics/nrlc

In 1978, the University of Colorado School of Law and the National WildlifeFederation (NWF) established the Natural Resources Litigation Clinic to givelaw students hands-on experience in environmental litigation. Staff attorneysfrom NWF offer the clinic each academic year during the fall, spring, andsummer terms. More than 400 students have taken the clinic since itsinception.

Students in the Natural Resources Litigation Clinic work as “associates” in asmall environmental law practice representing public interest clients beforeadministrative agencies, state and federal courts, and the federal and statelegislatures. The clinic’s docket consists of environmental litigationconcentrating on protection of federal public lands, especially lands managedby the Bureau of Land Management and the U.S. Forest Service. Clinic casesoften require expert testimony and witness preparation, analysis andpresentation of detailed scientific and environmental data, and submission ofcomplex legal briefs. Under the direction of NWF staff attorneys, studentsforge and clarify the law in controversial environmental arenas, and in theprocess learn not only from the clinic’s staff, but also from matching the bestand brightest attorneys and experts the opposition can muster. They have beenpart of landmark environmental and natural resources litigation, includingcases that have gone all the way to the United States Supreme Court.

Pillars of Excellence: Clinics

The Arrastra Mountain Wilderness area in Arizona, where clinic students helped obtain aninjunction to stop bulldozers from rebuilding roads within the wilderness area. Photo: Joe Feller, ASU

Fall 2005 13

American Indian Law Clinicwww.colorado.edu/law/clinics/ilc

One of the first clinics of its kind, the American Indian Law Clinic givesstudents hands-on experience in the practice of federal and tribal Indian lawwhile providing low-income persons with high-quality legal representation.Under the close supervision of the clinic’s director, student attorneys areinvolved in a wide spectrum of Indian law work. In addition, students have theopportunity to work directly with Indian tribes on tribal constitution and codedevelopment. A valuable resource for the metro Denver Indian community,clinic students have presented programs such as the Colorado IndianCommunity Law Day and the Colorado Tribal-State Judicial Seminar.

The clinic often collaborates with the Natural Resources Law Center andOyate, an undergraduate Indian organization at CU-Boulder, to host a varietyof special events, including a special session of the Navajo Nation SupremeCourt; lectures by the late Vine Deloria, renowned expert in Indian law andhistory; an appearance by Winona LaDuke, Native lands activist; a two-dayNative American Sacred Lands Forum; and a distinguished visitor programfeaturing Tom Goldtooth, Executive Director of the Indigenous EnvironmentalNetwork.

Students have served as externs with the Native American Rights Fund, theTribal Program of the U.S. Environmental Protection Agency, the IntertribalCouncil on Utility Policy, and the Southern Ute Tribal Court. Students havealso had the opportunity to work with law school faculty on Indian and triballaw research issues.

Many graduates go on to specialize in the practice of Indian law, working forthe Native American Rights Fund, the Indian Law Resource Center, Indianlaw firms, Indian legal service agencies, tribal governments, and in tribalcourts.

DirectorAppointed in 2001, Jill Tompkins brings awealth of experience to the position ofDirector of the American Indian LawClinic. A graduate of the University ofMaine School of Law, she is admitted topractice law in Maine, Connecticut,Colorado, and three tribal courts. She has extensive experience with federalIndian and tribal law from her practiceand service as a chief judge with the Mashantucket Pequot andPassamoquoddy Tribal Courts, and as anappellate justice with the MashantucketPequot, Passamaquoddy, and PokagonBand of Potawatomi Courts of Appeal.Professor Tompkins taught at the NationalJudicial College,and for six yearssuccessfullyorganized andtaught in theannual NationalTribal JudicialConferencesponsored by theNationalAmerican IndianCourt Judges Association. ProfessorTompkins formerly was the foundingExecutive Director of the National TribalJustice Resource Center.

The American Indian Law Clinic collaborates with groups like Oyate, a CU-BoulderIndian student organization, on a variety of events and programs.

14 Amicus

The Legal Aid & Defender Programwww.colorado.edu/law/clinics/legalaid

The Legal Aid and Defender Program dates to 1948 and is the principalclinical offering of the Law School. The program permits studentattorneys to represent indigent persons in the community under thesupervision of full-time clinical professors. The program is divided intosections specializing in civil litigation and criminal defense.

Civil Practice ClinicThe Civil Practice Clinic provides students with a full year of exposureto the procedural and practical remedies and defenses available in civillitigation. Throughout the clinic, students represent real clients in courtproceedings. Each student carries a caseload of five or six cases. Taughtby full-time Clinical Professor Norm Aaronson, the clinic focuses ondomestic relations, social security, disability law, and some immigration(asylum) cases. Students appear in state district court and before federaladministrative law judges. The clinic is courtroom intensive, particularlyduring the second semester. Classroom work emphasizes law and civilpractice skills such as drafting pleadings, motion practice, depositions,negotiations, courtroom evidence, and trial advocacy skills. Ethicalissues that may arise in the course of representation are addressed aswell. The clinic concludes with a final mock jury trial at the BoulderCounty Courthouse.

Criminal Defense ClinicStudents may take either a one-semester or a full-year criminal defenseclinic. They attend class and represent clients in misdemeanor andserious traffic cases in Boulder County Court, and also represent clientsin various municipal courts in Boulder County. Taught by ClinicalProfessor Pat Furman (Colorado Law ‘80), the classroom component ofthe course emphasizes important and relevant academic and professionalskills such as criminal law and procedure, ethics, investigation andinterviewing, and the preparation and conduct of trials. Simulations andvideotaping are used to improve advocacy skills. The courtroomcomponent of the course involves the representation of indigent clientsat all stages of criminal proceedings from first appearance through trialand appeal. The clinic represents only indigent defendants and generallyonly represents persons who are facing jail time.

This is not a clinic in which students secondchair cases, or act as a research assistant toa faculty member; the students handle thecases themselves. The resulting pressure is oneof the reasons clinics are such a great teachingtool, and the commitment and devotion of the students to the cases and the clients is a reflection of the high caliber of ourstudent body.

Pillars of Excellence: Clinics

Norm Aaronson

Wrongful Convictions Clinicwww.colorado.edu/law/clinics/wrongfulconvictions

The Wrongful Convictions Clinic focuses its efforts on investigating and litigatingthe claims of Colorado prisoners who, despite being convicted and having theirconvictions affirmed on appeal, assert that they are, in fact, innocent.

The clinic works with the Colorado Innocence Project, a group of volunteerlawyers who receive requests for help from inmates, evaluating their claims to seeif there are factual and legal grounds supporting the claims. When the project findsa case that appears deserving of further investigation, students will correspond andmeet with the prospective client, review the case history, determine whatinvestigation might help, and make recommendations as to whether the caseshould be pursued. If further action is justified, the students work with volunteerlawyers in preparing and presenting the post-conviction motions.

Clinic students are also active on the legislative front. In 2002, they wrote, lobbiedfor, and helped pass legislation that gives Colorado state court inmates access toDNA evidence in the post-conviction setting. Last year, students worked onlegislation requiring that statements of suspects be electronically recordedwhenever possible in the hope of improving the accuracy of the information that ispresented to the fact finder.

Appellate Advocacy Clinicwww.colorado.edu/law/clinics/appeladvoc

The Appellate Advocacy Clinic was established in 1988 and is offered each fall.Taught by experienced attorneys from the Appellate Division of the ColoradoPublic Defender’s Office and the Criminal Division of the Colorado AttorneyGeneral’s Office, the clinic handles appeals from district courts throughoutColorado that are pending in the Colorado Court of Appeals or Colorado SupremeCourt, alternating between the defense and prosecution side.

Students, under direct supervision of an instructor, are responsible for completingan appellate brief for a case currently on appeal and for attending the oralargument. In the classroom portion of the course, students receive formalinstruction on appellate procedure, issue identification, appellate brief writing, andoral advocacy. The clinic provides a rigorous brief writing experience that includesthe preparation of multiple drafts and a critique concerning every aspect of thebrief, from overall organization and persuasiveness to grammar and citation.Students also conduct an oral argument in their case before a panel of attorneys.

These cases are difficultand time-consuming.But an effort to free awrongfully convictedperson is as noble an effortas lawyers can everundertake, and thestudents in the WrongfulConvictions Clinic find thehard work well worth it.

Fall 2005 15

Pat Furman with Criminal Defense Clinic students.

Entrepreneurial Law Clinicwww.colorado.edu/law/clinics/entre

Created in 1998, the Entrepreneurial Law Clinic serves two interests—providing students with practical experience in entrepreneurial law, and offeringvaluable legal services to local entrepreneurs who have not yet received traditionalventure capital or angel investor funding. Clients include individual entrepreneurs,start-up companies, students such as the winners of the Leeds School of BusinessBusiness Plan Competition, and entrepreneurs who otherwise would beunderserved by the legal community. The clinic also assists in the process ofcommercializing university-developed technology by representing faculty membersand companies working with the CU Technology Transfer Office (TTO), andprovides valuable legal services to members of the local start-up community, suchas the Colorado Technology Incubator (CTEK).

Second- and third-year law students staff the clinic, providing legal services underthe supervision of instructors and experienced attorneys. The Boulder office ofHogan & Hartson, an international law firm, generously provides oversight of stu-dents’ work product. During the year that students are enrolled in the clinic, theyinteract directly with clients, providing them with legal advice and transactionalservices, such as drafting documents and researching legal issues. In addition, stu-dents meet on a weekly basis with instructors and practicing attorneys to reviewcases, discuss practice points, and learn from guest speakers on particular legalissues.

16 Amicus

The clinic allows students to study the risks andrewards involved instarting a new businesswhile providing assistanceto struggling entrepreneursin their pursuit of self-sufficiency.

Pillars of Excellence: Clinics

Research AssociateBrad Bernthal returns to Colorado Law asa research associate after earning his JDhere in 2001. In his new position, Mr.Bernthal teaches in the EntrepreneurialLaw Clinic. Prior to law school Mr.Bernthal was Staff Assistant to U.S.Senator Robert Kerrey of Nebraska. From2001 to 2003 he worked at Brobeck,Phleger & Harrision LLP in San Francisco,specializing in appeals and securities liti-gation. From 2003 to 2004 Mr. Bernthalpracticed at Hogan & Hartson LLP inDenver before most recently working atBerg Hill Greenleaf & Ruscitti LLP ofBoulder.

Paul Jerde, Executive Director of the Leeds School of Business Deming Center forEntrepreneurship, helps support the efforts of Colorado Law centers, programs, and clinics.

Fall 2005 17

Law School News

Hank Brown, Colorado Law ‘69, Becomes 21st President ofthe University of ColoradoHank Brown took over CU’s top post on August 1, and will serve unless and untilthe Board of Regents appoints another person at the conclusion of the search process,which is in progress. (He was appointed by the University of Colorado Law FacultyProfessor of Law upon his appointment as president.)

As president and CEO of the Daniels Fund, Brown presided over the billion-dollarfoundation created by the late cable entrepreneur, Bill Daniels. Prior to his employmentwith the Daniels Fund in July 2002, Brown was the 11th president of the University ofNorthern Colorado. Brown has held faculty positions at both the University of Denverand the University of Northern Colorado. Before becoming UNC’s president, he servedColorado in the United States Senate and five consecutive terms in the U.S. House ofRepresentatives representing Colorado’s 4th Congressional District. He also served in theColorado Senate from 1972 to 1976. Brown was elected and re-elected to the House ofRepresentatives by majorities ranging from 69 percent to 74 percent, the highest in thehistory of the district. He was elected to the U.S. Senate by a 13 percent victory margin.

Brown was a vice president of Monfort of Colorado from 1969 to 1980. He is both anattorney and a CPA. He earned a bachelor’s degree in accounting from the University ofColorado in 1961 and was elected CU’s student body president. Brown served in the U.S.Navy from 1962 to 1966. He volunteered for service in Vietnam and was decorated for hiscombat service as a forward air controller. He earned a juris doctor degree from theUniversity of Colorado School of Law in 1969. While in Washington, Brown earned amaster of law degree in 1986 from George Washington University. In 1988, he passed theexam to become a certified public accountant.

The Colorado native and his wife Nan live in Denver. They have three adult children,Harry, Christy, and Lori; and two grandchildren, Lilly and Hank.

Welcome Class of 2008On August 16, 2005, the Law School welcomed a stellar group of first-yearstudents whose impressive academic credentials place Colorado among the toplaw schools in the nation. The median undergraduate GPA for the class of 167is 3.66. The average LSAT is in the 87th percentile nationally. Members ofthe Class of 2008 hail from 26 states and 92 colleges and universities. Fifty-three percent are Colorado residents; 46 percent are women; 21 percent areminorities. Fourteen have master’s degrees; one has a PhD; one is a Rhodes Scholar.

The class members range in age from 21 to 49. Students come from a varietyof occupational backgrounds. Prior careers include computer programmers,mechanics, scientists, teachers, paralegals, military officers, business owners,and legal aid volunteers. Several others have been AmeriCorps, TeachAmerica, and Peace Corps volunteers.

Several students are the first generation in their family born in the UnitedStates, and several others were born abroad. These students spoke of beingequally proud of the gift of citizenship and their native heritage. Many of ourstudents were motivated to seek a career in law at CU due to their desire toimprove their communities and the world and decided to attend the School ofLaw because of its strong tradition of public service. We are especially proud ofthe attributes of character, leadership, and diversity that our incomingstudents bring to the Law School.

Keynote Speaker Gary Hart Calls Class of 2005to Career of ServiceOn Friday, May 6, the 172 members of the Class of 2005 processed fromFleming Law Building to Macky Auditorium to receive their diplomas asgraduates of the University of Colorado School of Law.

In addition to the JD degrees awarded to the Class of 2005, the Law Schoolconferred several honorary awards. Ernest L. Duran, Jr.—CU Law ’81 andfather of Student Bar Association President Crisanta Duran ’05—received theHonorary Order of the Coif. Former CU Assistant Dean of Career ServicesTony Bastone and former Assistant Dean of Alumni Relations David Gosserreturned to Boulder to receive emeritus recognition. Class Vice President andwinner of the Outstanding Student Award Laura Sturges presented the ClassGift of $12,000 to the newly developed Loan Repayment Assistance Program(LRAP).

In his commencement address, former U.S. Senator Gary Hart charged thegraduates with a solemn duty to serve their country and community. “For adangerous mission behind British lines in 1775, General George Washingtonsought volunteers from a group of young officers. One stepped forward. Hisname was Nathan Hale. He said simply: ‘I wish to be useful.’ By becoming anofficer of the court, you already have one foot in the public life of yourcommunity, your society, and your nation. Today I want to challenge you totake that position seriously and, at least for some of you, to think aboutputting the other foot in that area for at least a portion of your lives, to say tosome future national leader—even if not a George Washington—‘I wish to beuseful.’”

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Former U.S. Senator Gary Hart gives thecommencement address at the 2005 Law Schoolgraduation ceremony (top). Hart and Dean DavidGetches after the ceremony (bottom).

For the most recent news at Colorado Law, visit

www.colorado.edu/law.

Law School News

Colorado Law Bar PassageRises to 91 PercentWhen The Colorado Supreme Courtreleased the results of the July 2005Colorado Bar Exam, the University ofColorado School of Law had the highestpassage rate in the state, surpassing the 74percent average results of all other schoolsand exceeding the statewide average by 14percentage points. Ninety-one percent ofexam takers from the University ofColorado School of Law passed the gruelingexam on the first attempt, placing theSchool and its students in the top echelonof the American legal community. Thisyear’s results represented a two-point riseover last year’s.

Fall 2005 19

CU-Boulder Named among Best in the Nationfor Service Learning, Civic ActivismThe University of Colorado at Boulder was selected for inclusion in a newbook, Colleges with a Conscience: 81 Great Schools with OutstandingCommunity Involvement, published in June 2005. The book is designed toprovide information to prospective and current students by showcasinginstitutions that offer many opportunities for students to improve communitylife and demonstrate social responsibility. CU-Boulder, the only schoolselected in Colorado, was named for its exemplary work in civic engagementalong with 80 other national institutions of higher education.

Colorado Law Ranks 4th in U.S. for Environmental LawThe U.S. News & World Report issue ranking America’s best graduate schools(2006) placed CU fourth in the nation for Environmental Law programs, aheadof Stanford, Georgetown, Duke, and George Washington.

Law School and Latina/o Law Student AssociationReceive CACMA Diversity Service AwardsThe Chancellor’s Advisory Committee on Minority Affairs presented theDiversity Service Recognition Award to CU Law School Dean David Getchesduring the Tenth Annual Campus Diversity Summit on Thursday, February10, 2005.

Last year’s entering class had a minority enrollment of 24 percent, up from 18percent the previous year. Increased scholarship funding has also attractedminority students. Scholarships must rise 300 percent in order to fulfill theLaw School’s commitment to making law school affordable to those whootherwise could not attend. The CACMA Award further recognizes theSchool’s recruiting of minority faculty to key posts in the Law School’s senioradministration. “Dean Getches is making remarkable strides in bringinggreater national stature to the University of Colorado School of Law and topromoting diversity here,” said Lorenzo A. Trujillo, Assistant Dean ofStudents and Professional Programs at CU Law.

Judge Michael McConnell Presents AnnualJohn R. Coen Lecture On March 9, Judge Michael McConnell of the 10th Circuit United StatesCourt of Appeals presented the 48th Annual John R. Coen Lecture in theLindsley Memorial Courtroom. McConnell is among the country’s mostdistinguished scholars in the fields of constitutional law and theory. Prior tobecoming a judge he conducted 11 arguments before the United StatesSupreme Court. He is widely published in the fields of church-state relationsand the First Amendment and continues to teach. Judge McConnell, who isrumored to have been on the shortlist for a Supreme Court nomination, spokeon “Religion and Republicanism at the Founding.”

Judge Michael McConnell presented the 48thAnnual John R. Coen Lecture in the LindsleyMemorial Courtroom on March 9, 2005. His topicwas “Religion and Republicanism at the Founding.”

Law School News

Colorado Law Opens Doors to Displaced Gulf Coast StudentsIn the wake of Hurricane Katrina, theUniversity of Colorado School of Lawreopened admissions to accommodate lawstudents displaced by the storm. As aresult, the Law School enrolled four second- and third-year law students fromTulane and Loyola-New Orleans lawschools. “We developed a plan to accom-modate immediately law students dis-placed from the several law schools inKatrina’s destructive swath,” said LawDean David Getches. “The faculty andstudent body at Colorado Law has wel-comed students whose education would be interrupted by this disaster. We are also seeking out other opportunities to do our part in ameliorating our colleagues’suffering.”

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Faculty News

The University of Colorado School of Law faculty ranks among themost prolific and often cited law faculties in the nation.1 For this reason, our facul-ty’s scholarship continues to expand the ways in which Colorado Law professorsare shaping legal thought both inside and outside the classroom. In the pages thatfollow, you will be impressed, as I am, by the number and quality of publicationsour faculty has generated during the past academic year (see pages 24 and 25). Butthe sphere of our faculty’s influence and service does not end with the printedpages of law journals. Colorado’s faculty has been featured in national and localnews; has participated in local, national, and international policy-making; and iswinning awards for service to a wide array of organizations.

Professor Mark Loewenstein, for example, testified before the Colorado Senate Committee onBusiness Affairs last May concerning amendments to the Colorado Business Corporation Act. ProfessorLakshman Guruswamy has received grant funds totalling $125,000 to study all energy treaties as partof the Energy Environment Security Initiative. Professors Mimi Wesson and Mike Waggoner have bothbeen featured speakers on National Public Radio programs, while Professor Mark Squillace’s editorialconcerning energy policy was featured recently in the Denver Post. Professor Barbara Bintliff won theFrederick Charles Hicks Award for Outstanding Contributions to Academic Law Librarianship by theAmerican Association of Law Libraries. Professors Sarah Krakoff, Amy Schmitz, Jill Tompkins, andPhil Weiser have all won grants for studies and projects in their respective fields. Professors Bill Pizziand Sienho Yee have each been appointed to the editorial boards of prestigious peer-reviewed interna-tional journals in their disciplines. And the list goes on.

This year, we welcome four accomplished junior professors and one nationally renowned senior pro-fessor to our ranks. Next year, we seek to hire mid-career professors to add to the strength of our facul-ty’s reputation for teaching and scholarship. The University of Colorado’s talented faculty is growingnot only in size, but also in its outreach and influence. This is an exciting time in our history, and thefaculty is doing its part to make certain our school contributes to the development of law and societyin our local community, our nation, and indeed, the world.

Dayna Bowen MatthewAssociate Dean, Academic Affairs

1 See Brian Leiter’s Educational Quality Ranking (2004–05)

cases and jury deliberations. Specifically,they reviewed the 3–2 Colorado SupremeCourt ruling in People v. Harlan, a case inwhich the trial court later overturned adeath sentence due to a juror’s use of theBible during deliberations.

On Thursday, February 17, ProfessorLakshman Guruswamy delivered agroundbreaking lecture, “SustainableEnergy: A New Framework,” making thecase for a new international framework foraddressing issues of sustainable energy. Dr.Guruswamy’s lecture culminated in anambitious proposal that would establishColorado as a global leader of the newlegal, political, and scientific approach tomajor environmental concerns. LakshmanGuruswamy is the University of ColoradoSchool of Law’s Nicholas Doman Professorof International Environmental Law and isthe Director of the Energy EnvironmentSecurity Initiative (EESI) of the Universityof Colorado. This is an ambitiousinterdisciplinary project that seeks to findrenewable energy solutions for the energydeficits confronting not only the UnitedStates, but more particularly thedeveloping countries of the world.

Professor Scott Peppet received anaward from the CPR Institute in NewYork on Thursday, January 20, 2005, forwriting the “Best Professional Article” ondispute resolution in 2004. The article,Contract Formation in Imperfect Markets:Should We Use Mediators in Deals? (OhioState Journal on Dispute Resolution, 2004),examines how corporate transactions takeplace and the barriers to closing deals. Itargues that neutral third-party mediators,who typically work to settle litigation,could also be useful in helping contractingparties resolve their differences in pre-closing contract negotiations.

The institute’s judging committee, madeup of academics, lawyers, and corporateofficers, called Peppet’s work “pathbreaking” and “foundational.” Ms. BarbaraDaniele, Senior Vice President and GeneralCounsel of GE Capital CommercialEquipment Financing, who presented theaward, praised the article’s creativity andProfessor Peppet for “raising the bar.”

Professor Peppet also won a CPR Award in2000 for his book on legal negotiation,Beyond Winning: Negotiating to CreateValue in Deals and Disputes (HarvardUniversity Press, 2000, with R. Mnookinand A. Tulumello).

Fall 2005 21

Allison Eid, Associate Professor of Law atthe University of Colorado School of Law,became one of Colorado’s top legalofficials when she began her appointmentas Colorado Solicitor General on August 1.“This is a great opportunity for me to gaina more practical perspective on theConstitutional Law that I teach,” Eid said.

Eid was appointed to the position byColorado Attorney General John Suthers,an alumnus of the Law School, who calledher “the perfect candidate.”

“The Solicitor General’s job is the thinktank of an Attorney General’s office,” saidSuthers. “You want a top-notch legal mind,someone with some familiarity with theappellate process and how appellate judgesthink—professional abilities that Allisonhas and that’s why she is right for the job.”

As Solicitor General, Eid will argue casesbefore the Colorado Supreme Court andhelp set legal policy for the State ofColorado. Eid will take a leave of absencefrom the Law School and will return toteaching when her appointment ends inJanuary of 2007.

Eid joined the Colorado Law faculty in1998. She teaches constitutional law,legislation, the law of politics, first-yeartorts, and advanced torts. Before joiningthe faculty of the Law School, Eid clerkedfor the Honorable Clarence Thomas,Associate Justice of the United StatesSupreme Court, and for Judge Jerry E.Smith of the United States Court ofAppeals for the Fifth Circuit. She alsopracticed commercial and appellatelitigation with the Denver office of Arnold& Porter, a Washington, D.C.-based lawfirm.

On May 6, Law Professor Robert Dieterwas appointed by President Bush to beAmerica’s ambassador to Belize. Dieterserved as director of clinical programs andtaught criminal law and procedure, trialadvocacy, and evidence. He practiced lawboth privately and as a deputy districtattorney and joined the CU faculty in1979. Bush appointed Dieter to the boardof the Legal Services Corporation in 2003.

Professor Mimi Wesson was the featuredguest on the March 30 edition of MSNBC’snews and opinion program, “ConnectedCoast to Coast with Ron Reagan andMonica Crowley.” Wesson and ProfessorThane Rosenbaum of Fordham UniversityLaw School discussed religion in court

Faculty News

Eid

Dieter

Wesson

Peppet

The University of Colorado School of Lawpresented the eighth annual CliffordCalhoun Public Service Award to NortonSteuben, the Nicholas RosenbaumProfessor of Law Emeritus. ProfessorSteuben has an extensive record of publicservice to local, national, and internationallegal communities. As a national expert inreal estate transactions, he brought aprofessional perspective to the cause ofaffordable housing in Boulder County. Hegave countless hours to the BoulderHousing Authority, which ThistleCommunity Housing acknowledged withits Housing Hero Award. Professor Steubenalso served on the Open Space Board ofTrustees and the Governing Committee ofthe ABA Forum on Affordable Housing andCommunity Development Law. Theauthor of leading texts on taxation,Professor Steuben lent his services toUkraine as a tax policy advisor to theyoung republic, helping to shape its taxlaws as it emerged from Soviet control inthe late 1990s. He and his wife lived inKyiv for nearly two years as he workedwith the government to develop a tax code.He was honored for this work by theOrganization for Economic Cooperationand Development (OECD), which askedhim to serve as a lecturer on tax policy. In2003, Professor Steuben was awarded aFulbright Grant and returned to Ukraine toteach at two universities in Kyiv.

Barbara Bintliff participated in anevaluation of the Kuwait UniversitySchool of Law in October 2004, joiningAmerican Academy of Law Schools (AALS)colleagues as part of a site visit teamrequested by the Kuwaiti government toevaluate and make recommendationsabout its law program. Six legal educatorswere chosen for the evaluation, which

included class visits; reading of facultyscholarship and student exams and papers;faculty, staff, and student interviews;facility information technology capabilityassessments; learning about administrativeprocedures; visits with alumni and locallegal dignitaries (judges, governmentalagency officials, practitioners, etc.); andexit interviews with the Dean and ViceDeans, the university’s Vice President andAssistant Vice President for AcademicAffairs (who incidentally had a PhD inengineering from CU-Boulder), andPresident.

Faculty News

Norton Steuben, recipient of the 8th annual Clifford Calhoun Public Service Award (center),with Clifford Calhoun (left) and David Getches (right).

Professor Barbara Bintliff participated in an evaluation ofthe Kuwait University School of Law in October 2004.

Bintliff will contribute to an ABA-typereport currently in development, focusingon the primary areas of teaching, research,intellectual community, academic free-dom, faculty governance, and a commit-ment to public service. The report will besent to the Kuwait University Law Schooland the AALS Executive Committee for itsinformation.

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Fall 2005 23

Faculty News

New Faculty

Maxine BurkettAssociate ProfessorAfter earning her JD with multiple honorsfrom the University of California,Berkeley, Professor Burkett practiced atDavid Levin Livingston Grande ofHonolulu (2002–03) and clerked for theHonorable Susan Illston, U.S. DistrictCourt, Northern District of California.Professor Burkett is the author of StrategicVoting and African Americans: True Vote,True Representation, True Power for theBlack Community (2003). At ColoradoLaw, Professor Burkett will continue her research in the fields of race and the law and environmental justice. Shejoins our faculty teaching Torts and Environmental Law.

Paul OhmAssociate ProfessorProfessor Ohm comes to Colorado Lawfrom the U.S. Department of JusticeComputer Crime and Intellectual PropertySection in Washington, D.C. He has taughtas an adjunct for George WashingtonUniversity, American University, and atUCLA where he received in JD in 1999.After law school Paul Ohm clerked forBetty Binns Fletcher in the Ninth Circuitand for U.S. District Court Judge MarianaPfaelzer (Los Angeles). Professor Ohmwrites about computer crime, the fourthamendment, information privacy, and soft-ware regulation. He will teach IntellectualProperty, Criminal Procedure, and semi-nars in Computer Crime and Privacy Law.

Miranda PerryAssociate ProfessorProfessor Perry comes to Colorado fromNew York University, where she was anacting assistant professor. At NYU, shetaught a variety of tax classes in both theJD and LLM programs. Professor Perryearned an LLM in taxation from NYU anda JD from the University of Chicago. Sheclerked for the Honorable Morris SheppardArnold, U.S. Court of Appeals from theEighth Circuit, before practicing first at anonprofit and then in a large firm inWashington, D.C. Professor Perry’sresearch focuses on the estate tax, charita-ble giving, and nonprofit law. At ColoradoLaw, she will teach Estate and Gift Tax,Nonprofit Organizations, and FederalIncome Tax.

Laura SpitzAssociate ProfessorLaura Spitz studied law at CornellUniversity, the European UniversityInstitute, and the University of BritishColumbia. At Cornell, she was a Gender,Sexuality & Family Scholar, a John M. OlinFoundation Fellow, and a BC LawFoundation Graduate Fellow. At UBC, shewas on the Dean’s List and a member of theJessup International Law Moot Team.Professor Spitz’s scholarly interests focus onthe effects of economic globalization ontransnational norm harmonization andnational regulation. She is particularly inter-ested in how systems of national regula-tion—such as the bankruptcy system—canand are being transformed under pressuresof economic globalization. At ColoradoLaw, she will teach Contracts, Bankruptcy,International Business Transactions, andCommercial Transactions.

Mark SquillaceProfessorDirector, Natural Resources Law CenterProfessor Mark Squillace joins us as thenew Director of the Natural ResourcesLaw Center at the University of ColoradoSchool of Law. A former Fulbright scholar,Professor Squillace is a nationally recog-nized expert in natural resources and envi-ronmental law. He is the author ofnumerous articles and is co-author of sev-eral books, including Natural ResourcesLaw and Policy (Foundation Press, 2004).Before coming to Colorado Law, ProfessorSquillace taught at the University ofToledo College of Law where he was theCharles Fornoff Professor of Law andValues, and at the University of WyomingCollege of Law where he served a three-year term as the Winston S. HowardProfessor of Law. In 2000, ProfessorSquillace took a leave from law teaching toserve as Special Assistant to the Solicitorat the U.S. Department of the Interior. Inthat capacity he worked directly withSecretary of the Interior Bruce Babbitt on avariety of legal and policy issues. ProfessorSquillace will teach Water Resources Lawand other courses in the natural resourcesand environmental law curriculum.

Visiting Scholarsand Fellows

George PriestScholar-in-ResidenceProfessor Priest is the John M. OlinProfessor of Law and Economics at YaleLaw School where he teaches courses oncapitalism, insurance policy, productsliability, antitrust, torts, regulatedindustries, and, most recently, a seminaron economic development. He is agraduate of Yale College (1969) and theUniversity of Chicago Law School (1973),and is the author of a wide number ofarticles and monographs on subjects ofproducts liability, tort law, insurance,litigation and settlement, privatization,and deregulation. He serves as the Directorof the Program in Civil Liability and theCo-Director of the John M. Olin Center forLaw, Economics, and Public Policy at YaleLaw School.

Brad BernthalResearch AssociateBrad Bernthal returns to Colorado Law as aresearch associate after earning his JD herein 2001. In his new position, Mr. Bernthalteaches in the Entrepreneurial Law Clinic.Prior to law school Mr. Bernthal was StaffAssistant to U.S. Senator Robert Kerrey ofNebraska. From 2001 to 2003 he worked atBrobeck, Phleger & Harrision LLP in SanFrancisco, specializing in appeals and securities litigation. From 2003 to 2004Mr. Bernthal practiced at Hogan & HartsonLLP in Denver before most recently work-ing at Berg Hill Greenleaf & Ruscitti LLPof Boulder.

Kristin CollinsResearch FellowKristin Collins joins the University ofColorado School of Law as a research fel-low in the fields of Legal Ethics andProfessionalism and Complex CivilLitigation. She holds an MLit from OxfordUniversity (1995), an MA from ColumbiaUniversity (1996), and a JD from Yale LawSchool (2000), and writes in the areas ofequal protection and federalism. Prior topracticing law in New York, Ms. Collinsclerked for U.S. District Court JudgeKimba Wood (2001–02) and the HonorableJohn M. Walker, Chief Judge, United States Court of Appeals for the Second Circuit(2002–03).

Campos, Paul F., The Diet Myth: WhyAmerica’s Obsession with Weight isHazardous to Your Health (Gotham,paperback ed., 2004).

Clark, Homer H., Cases and Problems onDomestic Relations (Thomson/West, 7thed., 2005) (with Ann Laquer Estin).

Eid, Allison, Preemption and theFederalism Five, 37 Rutger Law Journal(2005).

Eid, Allison, Teaching New Federalism, 49,St. Louis Univ. Law Journal 875 (2005).

Getches, David H., Cases and Materials onFederal Indian Law (Thomson/West, 5thed., 2005) (with Charles F. Wilkinson andRobert A. Williams, Jr.).

Getches, David H., “Defending IndigenousWater Rights with the Laws of a DominantCulture: The Case of the United States,”in Liquid Relations: Contested WaterRights and Legal Complexity (RutgersUniv. Press, 2005) (Dik Roth, RutgerdBoelens, and Margreet Zwarteveen, eds.).

Getches, David H., “Interbasin WaterTransfers in the Western United States:Issues and Lessons,” in Water:Conservation, Reuse, and Recycling:Proceedings of an Iranian-AmericanWorkshop 233–51 (National AcademiesPress, 2005).

Getches, David H., The Legacy of the BushII Administration in Natural Resources: AWork in Progress, 32 Ecology LawQuarterly 235 (2005).

Selected Faculty Publications

In PressHuntington, Clare, Rights Myopia in ChildWelfare, 53 U.C.L.A. L. Rev. (2006).

Matthew, Dayna B., A New Strategy to CombatRacial Inequality in American Youth HealthCare Delivery, DePaul Journal of Health CareLaw (2006).

Ramsey, Carolyn, Intimate Homicide:Gender and Crime Control, 1880–1920,University of Colorado Law Review (2006).

Schlag, Pierre, A Brief Survey ofDeconstruction, Derrida–AmericaSymposium, Cardozo L. Rev. (2006).

Spitz, Laura, I Think, Therefore I Am; IFeel, Therefore I Am Taxed: Déscartes,Tort Reform, and the Civil Rights TaxRelief Act, 35 N.M. L. Rev. (SymposiumIssue: Civil Numbers: Examining theSpectrum of Non-Economic Harm) (2005).

Trujillo, Lorenzo A., School Truancy: ACase Study of a Successful TruancyReduction Model in the Public Schools,University of California at Davis, Journalon Juvenile Law and Policy (2006).

Wesson, Marianne, “The Hillmon Case,”in Evidence Stories (Foundation Press,2006) (R. Lempert, ed.).

Yee, Sienho, Article 40 and Article 45,chapters in The Statute of theInternational Court of Justice: ACommentary (Oxford University Press,2006) (A. Zimmermann, K. Oellers–Frahm,and C. Tomuschat, eds.).

Yee, Sienho, Strategies for Settling theHierarchy of the Sources of InternationalLaw, in CRNIC-GROTIC (ed.), LiberAmicorum Vladimir-Djuro Degan (2005).

2005Bintliff, Barbara, “Colorado PrestatehoodLegal Resources: Sixteenth Century to1846,” in Prestatehood Legal Materials: AFifty State Research Guide, Including NewYork City and the District of Columbia(2005) (Chiorazzi and Most, eds.).

Bruff, Harold , Executive Power and thePublic Lands, 76 Colo. L. Rev. 503 (2005).

Bruff, Harold Separation of Powers Law,2nd ed. (2005) (with Peter M. Shane).

24 Amicus

Getches, David H., “Protecting IndigenousRights and Interests in Water,” in InSearch of Sustainable Water Management:International Lessons for the AmericanWest and Beyond (Edward Elgar Pub.,2005) (with Sarah B. Van de Wetering).

Guruswamy, Lakshman D., “Sustainabilityand the Future of Western Water Law,” inIn Search of Sustainable Water Manage-ment: International Lessons for theAmerican West and Beyond (Edward ElgarPub., 2005) (with A. Dan Tarlock).

Guruswamy, Lakshman D., Book Review(Reviewing Ved P. Nanda and GeorgePring, International Environmental Law &Policy for the 21st Century), 15 Colo. J.Int’l Envtl. L. & Pol’y 229–36 (2005).

Guruswamy, Lakshman D., Energy, Envi-ronment & Sustainable Development, 8Chapman L. Rev. 77–102 (2005) (Interna-tional Law Symposium).

Guruswamy, Lakshman D., A NewFramework: Post-Kyoto Energy andEnvironmental Security, 16 Colo. J. Int’lEnvtl. L. & Pol’y 333–51 (2005) (Panel:Sustainable Development and SmartEnergy).

Guruswamy, Lakshman D., SustainableEnergy: A Preliminary Framework, 38 Ind.L. Rev. 671–88 (2005).

Faculty News

Hart, Melissa, Subjective Decisionmakingand Unconscious Discrimination,56 Alabama L. Rev. 741–91 (forthcoming)(2005).

Kenney, Douglas S. (ed.), In Search ofSustainable Water Management: Inter-national Lessons for the American Westand Beyond (2005).

Klemme, Howard, Colorado Jury Instruc-tions for Civil Trials: 2005 CumulativeSupplement & Revised Pamphlets.

Loewenstein, Mark, The Corporation asInsider Trader, 30 Del. J. Corp. L. 45–78(2005) (with William K.S. Wang).

Mueller, Christopher, Evidence [BlackLetter Outlines] (Thomson/West, 2005)(with Laird C. Kirkpatrick).

Mueller, Christopher, Federal Rules ofEvidence: With Advisory CommitteeNotes and Legislative History (Aspen Law& Bus., 2005 ed.) (ed. with Laird C.Kirkpatrick).

Nagel, Robert F., On the Decline ofFederalism (Daedalus, 2005).

Peppet, Scott R., “Enlightened PowerThrough Difficult Conversation,” inEnlightened Power: How Women AreTransforming the Practice of Leadership(Jossey-Bass, 2005) (Linda Coughlin, EllenWingard, and Keith Hollihan, eds.) (withBruce Patton and Michele Gravelle).

Peppet, Scott R., “Six Principles for UsingNegotiating Agents to MaximumAdvantage,” in The Handbook of DisputeResolution (Jossey-Bass, 2005) (Michael L.Moffitt and Robert C. Bordone, eds.).

Peppet, Scott, Lawyers’ Bargaining Ethics,Contracts, and Collaboration: The End ofthe Legal Profession and the Beginning ofProfessional Pluralism, 90 Iowa L. Rev.475 (2005).

Weiser, Philip J., Digital Crossroads:American Telecommunications Policy inthe Internet Age (MIT Press, 2005) (withJon Nuechterlein).

Weiser, Philip J., Policing the SpectrumCommons, 74 Fordham L. Rev. 101 (2005)(with D. Hatfield).

Weiser, Philip J., Which BroadbandNation: The United States Versus Japan—The FCC’s Real Wrongs, 84 Foreign Affairs161–164 (Sept./Oct. 2005) (response toThomas Bleah, Down to the Wire, 84Foreign Affairs 111 (May/June 2005)).

Wilkinson, Charles, Blood Struggle: TheRise of Modern Indian Nations (Norton,2005).

Wilkinson, Charles, Cases and Materialson Federal Indian Law (Thomson/West,5th ed., 2005) (with David H. Getches andRobert A. Williams, Jr.).

Yee, Sienho, “The Responsibility of StatesMembers of an International Organizationfor its Conduct as a Result of Membershipor Their Conduct Associated withMembership,” in InternationalResponsibility Today: Essays in Memory ofOscar Schachter 435–454 (MartinusNijhoff, 2005) (M. Ragazzi ed.).

Yee, Sienho, “Sovereign Equality of Statesand the Legitimacy of ‘Leader States’” inTowards World Constitutionalism 737–772(2005) (Ronald St. J. Macdonald & DouglasM. Johnston, eds.).

Fall 2005 25

Peppet, Scott, “Negotiating Agency,” inThe Handbook of Dispute Resolution(2005).

Peppet, Scott, Nuanced Neutrality: AModel for Third Party Impartial Inter-vention, Penn. State Symposium (forth-coming) (2005).

Perry, Miranda, In Search of a NormativeRationale for the Estate Tax CharitableDeduction, Tax L. Rev. (2005).

Pizzi, William T. with Blair and Judd,Discrimination in Sentencing on the Basisof Afrocentric Features, 10 MichiganJournal of Race and Law (2005).

Reitz, Kevin, The New SentencingConundrum: Policy and ConstitutionalLaw at Cross-Purposes, 105 Colum. L. Rev.1082–1123 (2005) (Symposium: Sentencing:What’s at Stake for the States?).

Schmitz, Amy J., Mobile-Home Mania?Protecting Procedurally Fair Arbitration ina Consumer Microcosm, 20 Ohio St. J. onDisp. Resol. 291–373 (2005).

Schmitz, Amy J., Untangling the PrivacyParadox in Arbitration, Kansas L. Rev.(2005).

Spitz, Laura, The Gift of Enron: AnOpportunity to Talk About Capitalism,Equality, Globalization, and the Promiseof a North American Charter ofFundamental Rights, 66 Ohio State L. J.315 (2005).

Spitz, Laura, At the Intersection of NorthAmerican Free Trade and Same-SexMarriage, 9 U.C.L.A. J. of Int’l L. & ForeignAff. 163 (2005).

Trujillo, Lorenzo, Truancy in Colorado: ATruancy Reduction Model in the PublicSchools, 11 The Colorado Lawyer (2005).

Faculty News

26 Amicus

Dear Colorado Law Grads,My first few months as director of alumni relations and communicationshave been thrilling. I joined the Law School shortly after it broke ground onthe new Wolf Law Building and now we have already celebrated the“Topping Out” ceremony. In March the Law Alumni Board (LAB) hosted thebest-attended alumni banquet in the Law School’s history and we have justbegun laying plans for next spring’s party. In May I watched with pride asthe first class of my friends (some of whom had interviewed me a fewmonths before when I was a candidate for the job I now hold) joined the

ranks of CU’s distinguished alumni. I know you join me in congratulating CU’s newest alumni,the Class of 2005. In June the LAB welcomed a new slate of members who will have attendedtheir first meeting by the time you read this. In August we greeted a new class of law students,and in October we welcomed many of you back to the Law School for Homecoming, the KnousAward, and class reunions. And finally, with this re-envisioned issue of Amicus we are launchinga new communications program that includes both print and electronic publications.

During these first few months I have enjoyed meeting many of you. I look forward to meetingmany more during the coming months and years.

The decision to combine alumni relations and communications into a single office means a tallorder. To do justice to these jobs I look to you, the alumni, for news, input, ideas, and criticism.As alumni director I’m here to help and serve you and as communications director I’m here tobrag about your accomplishments. I look forward to hearing your suggestions for alumni eventsand to receiving your personal and professional news. To all of you who returned my alumniupdate cards I send special thanks; your responses make for interesting reading in the followingClass Actions pages.

If you’re a regular visitor to the Colorado Law web site (www.colorado.edu/law) you’ll havenoticed many improvements in the last few months, including more extensive coverage ofalumni news. The next priority is to redesign the site’s alumni pages and I am interested inhearing your suggestions on the kind of content you’d like to see.

For now I’ll sign off, knowing you’re eager to read about your classmates. Keep those letters,press releases, calls, and updates coming—there is so much wonderful news to share!

Kirsten DueckDirector of Alumni Relations and Communicationskirsten.dueck@colorado.edu

Alumni News

Fall 2005 27

Jenn Smith ‘00 Takes Reins as New Law AlumniBoard Members BeginFour-Year TeamOn August 23, the School of Lawannounced the election of board memberJenn Smith ‘00 as chair and welcomedeight new members to its Law AlumniBoard. Each member will serve a four-yearterm beginning in the 2005–06 academicyear.

Hon. Ken Barnhill ’53 is a senior judge ofthe First Judicial District of Colorado.

Alan F. Heath ’68 is managing director ofadministration and planning at the OwnerManaged Business Institute. He consultsinternationally to family businesses ongovernance, family conflict issues,organization development, succession, exitstrategies, and strategic growth planning.

John Jacus ’84 is a partner at DavisGraham & Stubbs where he counselsclients in environmental and regulatorycompliance. His community involvementincludes service to the ColoradoAssociation of Commerce and Industry,Boulder Valley Public Schools, CultureCorps, and the University of Colorado.From 2003 to 2005 he was president of theUniversity of Colorado Foundation Boardof Trustees.

Michael McCarthy ’75, a partner at Faegre &Benson, has focused for more than 25 yearson civil trial practice and complexcommercial disputes with a particularemphasis on class actions, securities,contract, corporate, consumer protection,bankruptcy, antitrust, and naturalresources litigation. His pro bono activitiesinclude work for the Boulder Shelter forthe Homeless and Indigent/Low IncomeLegal Representation.

Peggy Montano ’80 practices naturalresources and water law with Trout,Witwer & Freeman and is a past presidentof the Colorado Hispanic Bar Association.

Eric Rothaus ’01 is an assistant attorneygeneral for State Services. His career as aCU student and since graduation has beendistinguished by service to thecommunity.

DU–CU Battle for theBarrister’s Boot at theThird Annual Law SchoolGolf TournamentOn Monday, June 13, the University ofDenver Sturm College of Law challengeddefending champ University of ColoradoSchool of Law in the third annual Battlefor the Barrister’s Boot. Proceeds from thegood-spirited golf tournament supportscholarships at the law schools. Some 84golfers, including CU alumni Ed Perlmutter’78 and Colorado Attorney General JohnSuthers ’79, turned out at PinehurstCountry Club in Denver for a perfect dayof golf. We are pleased to report thatdefender CU retained the Barrister’s Bootfor the third year running, thanks to thelow scores of the winning team, Tim Scully’96, Greg Leibold ’96, Evan Husney ’96, andChris Bowery, playing for Merchant &Gould.

In thanking this year’s players andsponsors after the tournament, KirstenDueck, CU Law’s Director of AlumniRelations and Communications, said,“Those of you who are University ofColorado alumni recently received a letterfrom Dean Getches detailing the manysuccesses of the Law School this year. Heended by saying, ‘Our reason for doing allthat we do is our students. Not a weekgoes by without our multi-talentedstudents achieving new honors.’ Today Iextend our special thanks to you, the CUalumni, for reciprocating that commitmentby your participation in this event to raisescholarship funds for a new generation ofstudents following in your footsteps.”

The University of Colorado School of Lawextends special thanks to the sponsors ofthe 2005 Battle for the Barrister’s Boot:Berenbaum Weinshienk & Eason;Merchant & Gould; Lindquist & Vennum;Montgomery Little & McGrew; Ritsema &Lyon; Wheeler Trigg & Kennedy; PerkinsCoie; Marya Brancio at Special Counsel;Colin Kresock at RR Donnelly; Richard A.Harris of Harris Family Law; and MikeShaw Auto.

Alumni News

Mariana Shulstad ’66 lives in Minneapoliswhere she is a legal consultant in the areasof Indian economic and casinodevelopment. She is a nationallyrecognized leader in the areas of Indiantreaties and treaty rights, tribalgovernment and enrollment, and Indianland and economic development includingtribal gaming issues. Other areas ofcommunity focus include social andinternational justice, social service andwelfare issues, arts organizations, andchurch-based initiatives.

Britton White ’70 is former executive vicepresident and general counsel for El PasoEnergy Corporation with a long history ofcommitment to the Law School, serving asclass reunion chair and as an advisor onthe Natural Resources Law Center Board.

Current members Todd Frederickson ’91 andH. Patrick Furman ’80 were re-elected toadditional four-year terms.

The Law Alumni Board is made up of 28University of Colorado School of Lawgraduates. The members promote the bestinterests of the Law School by stimulatinginterest in, building loyalty for, andincreasing support for the Law Schoolamong its alumni and students andassisting the Law School in serving theneeds of its alumni, students, faculty, thelegal profession, and the public at large.The board also nominates the winners ofthe Law School’s distinguished achieve-ment awards and the winner of the KnousAward. Each member serves a four-yearterm.

For more information, visit www.colorado.edu/law/alumdev/board.htm.

LAB members Todd Fredrickson and Jenn Smith

28 Amicus

Class Actions

’43While at CU Law Earl Hartley was managerof the Law Review, class president, andreceived the Order of the Coif. He nowlives in El Paso, Texas.

’52After 30 years on the bench, Judge CharlesD. Pierce retired as associate and seniorjudge of the Colorado Court of Appeals.

In 2002, William A. Schneeberg received theLifetime Service Award by the Dallas BarAssociation for his pro bono work. Heretired in 2004.

’53Hon. Ken Barnhill received the Don SearsAward in 2002 and was elected to the LawAlumni Board in 2005.

’55 Ben Chidlaw lives in Boulder with his wife,Gale. The two recently toured the construc-tion site of the new Wolf Law Buildingwhere Gail shot some wonderful photos ofthe work in progress. Ben is a member ofthe Law Alumni Board. Ben and his class-mate, Ken Caughey, have lent their assis-tance to organizing the Class of ’55 50-yearreunion.

’56 Leonard H. McCain retired after 47 years ofactive practice with the law firm of Daniel,McCain and Brown in Brighton, Colorado.

John R. Little, Jr. retired from theDepartment of the Interior solicitor’s officeand Duncan Weinberg, Pembrooke, andMiller. PC He is now an adjunct professorat the University of Denver Sturm Collegeof Law.

’59Matthew B. Wills is currently working on abook about the friendship between AlgerHiss and Edward R. Stetlinius. Since hisdeparture from the practice of law in 1992,he has written two books, WartimeMissions of Harry L. Hopkins (original edi-tion 1996) and A Diminished President,F.D.R in 1944 (original edition 2003). Herecently finished a manuscript titled “TheAmbassador and the Airman: The Rules ofJoseph P. Kennedy and Charles A. Lind-bergh on the Munich Crisis of 1938.”

’62Peter Dietze of Dietze and Davis, PC hasjust been confirmed as the Law AlumniBoard Chair-Elect for the 2006–07 term.

Classmate Sandy MacDougall ofMacDougall Law Office in Colorado Springsalso recently joined the Law Alumni Board.

’63Thomas A. Henry Jr. lives in La Jolla,California.

’64John Hay practices in Phoenix, Arizona. Heserves on the Small Business Council of thePhoenix Chamber of Commerce; the ABAForum on Franchising, the Small BusinessAdministration; and on various trade asso-ciation groups on franchising and corporatelaw. He is also a faculty member, lecturer,and author for the State Bar of Arizona andhas written numerous works on corporatepractice and franchising.

’66Hon. Robert J. Kapelke was awarded theDistinguished Alumni Award at the 24thAnnual Awards Banquet in March. After 25years in private practice—first at the LawOffices of Dayton Denious (1967–69), thenat Gorsuch, Kirgis, Campbell, Walker &Grover (1971–93)—he was appointed to theColorado Court of Appeals in 1994. JudgeKapelke has served as president of theDenver Bar Association, as a member of theHouse Delegates of the American BarAssociation, and as a member of the Boardof Governors and Executive Committee ofthe Colorado Bar Association. He recentlyreceived the Law Club of Denver’s LifetimeAchievement Award and was the 2001recipient of the Denver Bar Association’sAward of Merit. He and Mikee, his wife of40 years, have three sons—Randy, Peter,and Chuck—and three grandchildren—Ian,Anabel, and Dahlia, born last spring.

Mariana Shulstad lives in Minneapoliswhere she is a legal consultant in the areasof Indian economic and casino develop-ment. Mariana is a nationally recognizedleader in the areas of Indian treaties andtreaty rights, tribal government and enroll-ment, and Indian land and economic devel-opment including tribal gaming issues. Herother areas of community focus includesocial and international justice, social serv-ice and welfare issues, arts organizations,and church-based initiatives. In 2005 shewas elected to the Law Alumni Board.

Class Actions is an update on the personal and professional news of CU Law alumni.Please submit your news and photographs to Office of Alumni Relations, Universityof Colorado School of Law, 401 UCB, Boulder, CO 80309. You may also e-mail yournews to kirsten.dueck@colorado.edu.

Robert F. Hill, ’70, received the2005 William Lee Knous Award,Colorado Law’s highest alumni honor, during the Back-to-BoulderHomecoming celebration on Saturday,October 8. Conferred annually by theLaw Alumni Board, the awardrecognizes outstanding achievementand sustained service to the LawSchool. The award was presented byJennifer Smith ‘00, Chair of the LawAlumni Board, and by School of LawDean David Getches. “Bob Hillepitomizes the ideals that areperpetuated by the Knous Award—the ideals that distinguish alumni ofColorado Law School,” said Getches.“He is not only an extraordinarilyaccomplished antitrust lawyer but acitizen deeply engaged in the life ofour community, giving his time,talents, and money to the causes hecares about. And he is an alumnuswhose commitment and loyalty isunsurpassed.”

Alumni News

Fall 2005 29

’67Larry Treece of Sherman & Howard is on theLaw Alumni Board.

’68Alan F. Heath is managing director of admin-istration and planning at the OwnerManaged Business Institute. He consultsinternationally with family businesses ongovernance, family conflict issues, organiza-tion development, succession, exit strate-gies, and strategic growth planning. Hedivides his time between Cambridge andBoulder and was recently elected to the LawAlumni Board.

John Purvis of Purvis Gray LLP is an outgo-ing Law Alumni Board member.

’69Formerly the president of the Daniels Fund,Hank Brown took office on August 1 as the21st president of the University ofColorado. “I am honored to be consideredas the sole finalist for the position of presi-dent of the University of Colorado,” saidBrown. “As an alum, this is a true privilegeto have the opportunity to continue theleadership and vision of this extraordinaryuniversity.”

John Cooper of Farella Braun & Martel LLPrecently completed a term on the LawAlumni Board.

’70 Brit White is former executive vice presidentand general counsel for El Paso EnergyCorporation, with a long history of commit-ment to the Law School, serving as classreunion chair, as an advisor on the NaturalResources Law Center Board, and as anewly elected member of the Law AlumniBoard.

’71Jim Arndt works for Frie and Arndt and sitson the Law Alumni Board.

Spike Eklund is a partner in the bankruptcy,reorganization, and capital recovery groupat Ballard Spahr. He is a fellow in theAmerican College of Bankruptcy, an activemember of the American BankruptcyInstitute, and a contributing author ofCollier’s Bankruptcy Practice Guide.

’73Pamela Hultin and colleague Barbara J.Smith have formed the law firm of Smith &Hultin LLC in Chagrin Falls, Ohio. Thefirm’s practice will focus on business law,commercial litigation, health law, nonprofitlaw, employment law, employment litiga-tion, and estate planning. Hultin, a memberof the Cleveland Bar Association ExecutiveCommittee and Board of Trustees, was for-

merly a partner at McCarthy, Lebit, Crystaland Liffman. She was admitted to practicein Colorado in 1973 and Ohio in 1989. Herpractice is in business and general litiga-tion. Hultin was named a 2005 Ohio SuperLawyer.

William D. Odell reports that he is “inactiveand retired.”

’74Michael W. McDivitt’s McDivitt Law Firm PChas offices in Colorado Springs and Pueblo.His firm specializes in personal injury,workers compensation, and social securitydisability.

Hon. Larry Naves is a 2nd Judicial Courtjudge and an outgoing member of the LawAlumni Board.

Classmate John Rosenbloom of McGreevyJohnson & William PC has also recentlycompleted a term on the Law AlumniBoard.

’75Vicki Mandell-King is a federal public defend-er and a member of the Law Alumni Board.

Myra H. Monfort is a past recipient of theAlumni Award for DistinguishedAchievement. Although she has just endeda term on the Law Alumni Board, she con-tinues to advise the Law School as a mem-ber of the Steering Committee. She isformer vice president and general counsel ofMonfort, Inc. and a current trustee of theMonfort Family Foundation.

’76Gregory J. Fasing of Fasing Law Firm PC ishonorary consul of the Slovak Republic inDenver.

’78Ann Frick is a partner at Jacobs Chase FrickKleinkopf and Kelly and is a member of theLaw Alumni Board.

Ted Olsen is a member in the Labor &Employment Department of Sherman &Howard’s Denver office. He joined the firmin 1979. Throughout his career he has spo-ken at many CLE programs throughout thecountry on subjects related to employmentlaw, and has authored various articles andother publications on employment lawissues. He currently serves as the co-depart-ment manager of the Labor & EmploymentDepartment.

Karen Mathis, ‘75, was confirmed asthe American Bar Association’spresident-elect at the August ABAmeeting. Karen is the first Coloradoattorney to head the 400,000-memberassociation. She is currently a partnerof the McElroy, Deutsch, Mulvaneyand Carpenter law firm. Mathis hasbegun talking to people and planningwhat presidential initiatives she willpropose. An important issue is thebaby boom generation aging andretiring. “Throughout our lives we haveshaped the institutions and culture ofour profession,” she said in heracceptance speech. “Now it’s time totend to its future. Lawyers withexperience and insight will be askedto share their skills, to ensure theprofessionalism—as well as the qualityof life—of the next generation.”

Alumni News

30 Amicus

’81Bill Ritter, Jr. of Hogan & Hartson LLP hasjust completed a term on the Law AlumniBoard and is running for governor ofColorado.

’82Mark Anderson writes, “I’m proud of all myclassmates from 1982!”

Stan Garnett received the Alumni Award forDistinguished Achievement in PrivatePractice in 2005. He is a shareholder inBrownstein Hyatt Farber’s litigation group.Colorado Business Magazine listed Stan asone of the five “Best Lawyers When FilingSuit” in their “Best of Colorado” feature. InApril 2004 he was inducted into the presti-gious International Academy of TrialLawyers, one of only 14 Colorado lawyersto receive this honor. His communityinvolvement includes service as presidentof the Boulder School Board. He serves onthe Civil Justice Reform Act AdvisoryGroup and chairs the pro bono Mentor/Mentee Project.

David Harrison is partner at Miller &Harrison LLC. He has handled cases rangingfrom drunk driving to serious assault andother serious felony cases. Dave was presi-dent of the Boulder County Bar Association(1995–96) and is a current member of theColorado Criminal Defense Bar, NationalAssociation of Criminal Defense Lawyers,DUI Denfenders, Colorado Trial LawyersAssociation, Boulder County Bar Associa-tion, Colorado Bar Association, and ABA.

Marla L. Lien is the Regional TransportationDistrict’s new general counsel. In announc-ing the appointment in May, RTD GeneralManager Cal Marsella said, “Marla brings awealth of knowledge, passion, and commit-ment to the position and will serve theagency well.” Lien had served as RTD’s act-ing general counsel since November 2004and served as an RTD attorney prior tothat, specializing in transportation corridordevelopment, litigation, and environmentaland land use issues. As general counsel sheprovides legal advice to the district andmanages RTD’s legal, risk management,and public safety divisions.

In June 2002 Nona Nelson marriedDominicus Valiunas. Her three children areall doing quite well. Daughter Fernada hastwo sons ages nine and two. Dylan wasmarried in May 2002 and is now a screen-writer in Los Angeles, California. DaughterTaylor graduated from Brown University in1999 and is running the family business.

Leslie Pizzi of Silver & DeBoskey PC is amember of the Law Alumni Board.

Dave Steefel is a partner in the Denveroffice of Holme, Roberts & Owen where heheads the firm’s litigation practice group.

Jan Steiert of Holme Roberts & Owenserves on the Law Alumni Board.

’79Michael Kane has been appointed as execu-tive director of the Pennsylvania Commis-sion on Crime & Delinquency. “PCCD isvery fortunate to have a man of MichaelKane’s caliber and experience. Throughouthis 20 years as a state and federal prosecu-tor, he has received numerous awards forhis achievements,” said Walter Phillips,PCCD chairman. As a prosecutor in thePennsylvania Office of Attorney General,Kane received an outstanding performanceaward in 1991 from the U.S. Department ofLabor, Office of Labor Racketeering, for hiswork in the Philadelphia Roofer’s Unioninvestigation and prosecution. Kane joinsPCCD after more than six years at thePennsylvania Department of Revenuewhere he served as director of the bureau ofcorporation taxes and deputy secretary forenforcement. As Pennsylvania’s lead agencyfor criminal justice policy issues, PCCDdistributes about $120 million in state andfederal funding to programs to preventcrime and strengthen communities. PCCDprovides essential support, services, andtraining to law enforcement agencies andoffers financial assistance to victims ofcrime.

’80Pat Furman is Clinical Professor of Law atCU and is also a member of the LawAlumni Board.

Hon. Claudia J. Jordan is a Denver CountyCourt judge and is also on the Law AlumniBoard.

Peggy Montano practices natural resourcesand water law with Trout, Witwer &Freeman and is a past president of theColorado Hispanic Bar Association.

Meg Rosegay is a partner at Pillsbury,Winthrop in San Francisco and is one ofCalifornia’s leading environmental attor-neys.

In July 2005 Storm Cat Energy Corporationof Calgary announced the appointment ofMichael Wozniak to its Board of Directors.He is founding partner of Beatty & WozniakLLC, a natural resources law firm located inDenver. He is active in community andgovernmental affairs and serves on theboards of numerous charitable organiza-tions and currently serves as a city councilmember in Cherry Hills Village.

Claudia Bayliff, ‘85, has been namedchief of the U.S. Air Force’s worldwidesexual assault prevention and responseprogram. She will oversee develop-ment of policies and proceduresrelated to sexual assault and will directprevention programs. “The Air Force iscreating institutional change at anunprecedented level and I’m proud tobe part of it,” she said in July, justbefore leaving for Arlington, Virginia.

Alumni News

Fall 2005 31

’83Mark Cohen published his second novel inJuly. Bluetick Revenge, which is “highlyrecommended” by the Library Journal,builds on Cohen’s debut novel The FractalMurders (2004). Publisher’s Weekly notes,“this solid follow-up shows appealing newfacets of rugged Colorado sleuth PepperKeane. Keane’s old law firm hires him todognap a champion bluetick coonhoundbelonging to Karlynn Slade, the estrangedwife of the unsavory leader of an outlawbiker gang, as well as to baby-sit Karlynnuntil she can enter a federal witness protec-tion program. The job gets harder whenKarlynn disappears; dicier when her bikerhusband hires Keane to find her; and dead-lier when her trail intersects with one bear-ing the scent of an unsolved murder fromKeane’s past. Many of the intriguing charac-ters who assisted Keane previously reap-pear, including his love interest, mathprofessor Jane Smyers, and his friend andmartial arts mentor, Scott McCutcheon.”

’84John Jacus is partner at Davis Graham &Stubbs where he counsels clients in envi-ronmental and regulatory compliance. Hiscommunity involvement includes serviceto the Colorado Association of Commerceand Industry, Boulder Valley Public Schools,Culture Corps, and the University ofColorado. From 2003–05 he was presidentof the University of Colorado FoundationBoard of Trustees and in 2005 he joined theLaw Alumni Board.

’85Jane Ebisch, Kris Mix, and Mike Lindsaybravely headed the efforts to bring the classtogether for a 20-year reunion onHomecoming Weekend, October 7–9.Reunion revellers danced to the music ofthe Legendary 4-Nikators in the ballroom ofBoulder’s gorgeous new St. Julien Hotel.

Ken Mills writes, “If it’s a slow news issue,you can say that my wife Brita and I (mar-ried 24 years) have been back in Austin for17 years; our older daughter Kelsey will bea freshman at the University of Texas herein the fall; our younger daughter Alison willbe a sophomore in high school; and I’mpracticing commercial real estate law atDrenner Stuart Wolff Metcalfe vonKreisler.”

Pam Strauss is married to Mike Zislis andhas two wonderful daughters ages 7 and 9.She is working as general counsel for OnCommand Corporation, which providesentertainment services to hotels, includingpay-per-view movies and free television.

’86Since 2004, Elizabeth Salkind has been CEOof the non-profit Home Builders Associatein Southwest Colorado.

’90Paula Greisen of King and Greisen LLP is amember of the Law Alumni Board.

Dee Ann Donaldson Keller reports that shehas just begun “semi-retirement,” limitingher practice to advocacy and mediation.

’91Todd Fredrickson is a partner at Otten,Johnson, Robinson, Neff and Ragonetti PCand served as chair of the Law AlumniBoard for the 2004–05 term.

’92Megan H. Rhyne married Michel B. Parkeron April 9, 2005, in Williamsburg, Virginia.Her classmates Deirdre Dwyer, Darrin Lee,Kathi Morgan, John Tayer, Paul Terrill (’92),and Geraldine Hughes (’93) attended the cer-emony.

’93Barbara Grandjean is a partner at JacobsChase, joining the firm in 1997 after start-ing her practice at the Denver office ofBallard Spahr. Barbara has a wide range ofexperience in commercial litigation, includ-ing employment, real estate, contract, busi-ness torts, and securities. She has thehighest available “AV” rating withMartindale Hubbell. In addition to hernumerous legal-related activities, Barbara isalso on the Board of Directors for EasterSeals Colorado. Barbara is married and has ayoung son named Duke.

’94Jack Graves is an associate professor atStetson University College of Law and is amember of the Law Alumni Board.

Vance Knapp is an associate at RothgerberJohnson & Lyons. His practice focuses onemployment law, sports and entertainmentlaw, construction defect litigation, and secu-rities arbitrations.

John Scipione is the managing partner ofCaplis & Scipione, LLC, where he repre-sents exclusively plaintiffs in serious injuryand death cases. As a trial attorney John hasbeen lead counsel for more than 35 jury tri-als and over 75 court trials. John has alsoargued successfully in front of the ColoradoCourt of Appeals. Outside the courtroom,John has taught various legal courses at theDenver Paralegal Institute and CommunityCollege of Aurora. He lives with his wifeand three children in Littleton.

’87John Carson is the Rocky Mountain regionaldirector of U.S. Department of Housing andUrban Development. He recently ended aterm on the Law Alumni Board but contin-ues to actively support the Law School. Heis currently heading plans to hold a 9/11memorial service at the Law School in2006.

’89Judith Goeke has been living in Belgrade,Serbia, since 2003. She works at the UnitedNations Office of the High Commissionerfor Human Rights and teaches English part-time at a Berlitz school. She writes, “I’dlove to hear from my former classmates atjudithgoeke@yahoo.com.”

Patrice Kunesh writes: “I recently changedpositions from in-house legal counsel with the Mashantucket Pequot Tribe in Connecticut to teaching law at theUniversity of South Dakota School of Law.”

Michelle Lucero is a deputy city attorney andan outgoing member of the Law AlumniBoard.

Representative Alice Madden was awardedthe Alumni Award for DistinguishedAchievement at the March Alumni ban-quet. First elected in 2000, Alice Maddenrepresents House District 10, which con-sists of central Boulder, Gunbarrel, andNiwot. Representative Madden’s effortshave been recognized by numerous organi-zations, including the Sierra Club’s RockyMountain Chapter, which gave her its 2001Freshman Legislator of the Year Award; theColorado Behavioral Healthcare Council,which named her a 2003 Legislator of theYear; and Boulder County’s Project Self-Sufficiency, which awarded her its 2003Local Hero Award. She also was awarded aprestigious Flemming Fellowship from theCenter for Policy Alternatives based inWashington, D.C. After graduating fromCU Law, Alice Madden practiced employ-ment law at Fairfield & Woods in Denver.Prior to running for office she taught legalwriting and was director of alumni relationsfor CU Law School. A longtime communityactivist, Rep. Madden has focused on pro-fessional development for women and onenvironmental issues. She and her husband,Pete Madden, have two sons.

Steve Segal of Otten, Johnson, Robinson,Neff and Ragonetti PC sits on the LawAlumni Board.

Elsa Martinez Tenreiro was named VolunteerLawyer of the Year for her contributions tothe community and her aid as a legal pro-fession. For more than a decade Elsaarranged the Denver regional tournamentfor mock trials and worked in many publiclegal education projects.

Alumni News

’96Marc Grayboyes was named vice presidentand general counsel of Allos Therapeuticsin 2004 after working as senior associate inCooley Godward’s business department.Allos Therapeutics is a biopharmaceuticalcompany focused on developing and com-mercializing innovative drugs for improvingcancer treatments.

’97Brian Meegan is partner at Chayet, Young,Meegan and Dawson, LLC and is a memberof the Law Alumni Board.

’98Andy L. Gitkind opened his own firm,Gitkind Law, in which he continues hiswills, trusts, and elder law practice. He canbe reached at 303-960-6628.

Jenni Luke is a literary agent for televisionand film projects in Los Angeles.

’99Ashley Scott Kane is a new mother to sonFrederick Scott Kane born on June 24, 2004.She writes, “he babbles a lot just like his mother used to in all her law schoolclasses.”

Andrew Sultan is an associate in the corpo-rate group at Jacobs Chase. He joined thefirm in January 2003.

’00Jennifer Smith is a deputy Colorado stateattorney general and the incoming chair ofthe Law Alumni Board. In 2005 she chairedthe best-attended alumni banquet in theLaw School’s history. In July she and hus-band David welcomed their first child, adaughter.

Kara Veitch recently joined IsaacsonRosenbaum PC. She is president-elect ofthe Asian Pacific American Bar Associationof Colorado and a member of the Universityof Colorado Law Alumni Board, where sheheaded this year’s Knous Award committee.

’01Jonathan Anderson has been named chiefcounsel to Governor Bill Owens. Andersonwas working as an attorney with HaleFriesen, LLP. Prior to that he had served asthe deputy chief counsel to GovernorOwens. “I’m very pleased that Jon hasagreed to serve as chief counsel,” saidGovernor Owens. “With his past service inthe governor’s office, Jon already is familiarwith many of the people and much of thework. More importantly, he is well quali-fied for the position.” Anderson’s communi-ty service activities include serving on theboard of directors for Colorado RonaldMcDonald House. He also serves on theboard of Providers’ ResourcesClearinghouse, a non-profit that collectsand redistributes goods to other area non-profits. He is a fifth-generation Coloradan.

Craig Zolan, ’95, writes, “I sold mytech transfer business, UVentures, afterfive years to a small public company.After the sale, I consulted for the assetmanagement firm BlackRock for abouta year and a half. I just joined theheadquarters of Axiom Legal, which isa new kind of legal services firm madeup of talented attorneys who serve asoutsourced in-house counsel forcorporate law departments. Wepresently serve the NYC metro areaand will begin serving the bay areaand other cities in 2005 and 2006.I’d be happy to discuss business withpeople who are interested in this typeof practice or are interested in ourservices for the corporate lawdepartment. I married a little morethan five years ago and stay insporadic contact with Scott Garelick,Matt Downs. and Paul Riekoff.Classmates should drop me a note ifthey are ever in NYC(czolan@axiomlegal.com).”

32 Amicus

Gwenda M. Broeren is doing civil litigationspecializing in medical malpractice.

Stuart Corbridge practices water law atVranesh and Raisch in Boulder, Colorado.

Cory Gardner, legislative director and gener-al counsel to U.S. Senator Wayne Allard,R-Colorado, was chosen to replace StateRepresentative Greg Brophy as the represen-tative for House District 63. HouseRepublican Leader Joe Stengel, R-Littleton,said that Gardner was a perfect fit for theAgriculture and Judiciary Committees.“Cory has an impressive background withColorado agricultural concerns, and he willbe a strong voice for rural Colorado and theEastern Plains,” Stengel said. “He alsocomes to the statehouse with a law degreeand considerable policy experience. TheHouse Judiciary Committee is a challengingassignment but I am confident that Corywill serve his district and our state well.”Gardner has been with Senator Allard’soffice for the past three years, where he hasgained policy experience working on issuesrelated to agriculture, water resources, natu-ral resources, the environment, armed serv-ices, and the budget. He began hislegislative career as an aide to formerSpeaker of the House Russell George in1996. Gardner and his wife, Jaime, have ababy daughter, Alyson Grace.

(From the Fort Morgan Times, July 6, 2005)

Eric Rothaus is an assistant attorney generalfor state services. His career as a CU stu-dent and since graduation has been distin-guished by service to the community. In2005 he was elected to the Law AlumniBoard.

William Michael Snider has returned toColorado from Texas and taken a job atDavis Graham & Stubbs. Says wife, Korey,“It’s just better here!”

’03Sabina Chung is a litigation associate atSpies Powers & Robinson PC. She is amember of the Asian Pacific American BarAssociation and the Korean AmericanCoalition and a philanthropy and educationadvisor for AOII Sorority at CU-Boulder.

Sueanna Johnson is an assistant attorneygeneral in Denver.

In MemoriamCarlos F. Brown ’55Vine Deloria Jr. ’70Frank Hockensmith ’45Norman Lewis ’66Christopher A. Miranda ’82Clement W. Parkhurst ’48Jim Richards ’60James M. Robb ’61Louise Romero ’80Tim Ukockis ’85

Alumni News

Law School CalendarDecember 2005Dec 16 Fall CommencementDec 23–26 Winter Holidays—Campus Offices Closed

January 2006Jan 9–14 Intercession Trial AdvocacyJan 16 Martin Luther King, Jr. HolidayJan 17 Classes begin Spring ‘06

February 2006Feb 19–20 The Digital Broadband Migration:

Confronting the New Regulatory Frontiers

March 2006Mar 8 Annual Alumni Awards BanquetMar 15 49th Annual Austin Scott LectureMar 17 Faculty Colloquium, Jean Braucher (University of Arizona)Mar 27–31 Spring Break

April 2006Apr 5 Telluride Film Festival Apr 28 Last day of classes

May 2006May 12 Spring Commencement May 29 Memorial Day Holiday—Campus Offices Closed

For up-to-date event information, visit www.colorado.edu/law.

School of Law401 UCBBoulder, Colorado 80309

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