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NDLS Updates Law School History

5-1-1994

NDLS Update 05/1994Notre Dame Law School

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Recommended CitationNotre Dame Law School, "NDLS Update 05/1994" (1994). NDLS Updates. Paper 57.http://scholarship.law.nd.edu/ndls_updates/57

JUN 0 1 1994

NDLSUQdateNews from the Notre Dame low School

Vol. III, No. 10May, 1994

TEX DUTILEEDITOR

ED MURPHY HONORED ATPRESIDENT'S DINNER

Ed Murphy, who recently announced his retirement from the NDLS faculty, received aSpecial Presidential Award at the President's Dinner held May 17. The citation, read by ProvostTim O'Meara, stated:

Twice voted "Teacher of the Year" by the graduating class, this senior memberof the faculty has been chosen for virtually every teaching honor the universitygives. Teacher of every student in his college since 1958, he has earned reveredrecognition in the profession. His colleagues, both here at Notre Dame andthroughout the land, pay him the highest form of praise as they utilize theteaching methodology his publications made popular. In teaching and writing,in creative and tenacious arguments over lunch, in every personal relationship,he offers a vital presence to all who come in contact with him, a living testimonyto his own advice: above all, he counsels, "Be kind."

Ed's promotion to Emeritus status was also announced at the dinner.

Also honored at the dinner were: Charlie Rice (twenty-five years of service), BillMcLean (to Emeritus), and Garth Meintjes (to Associate Professional Specialist).Congratulations and best wishes to all!

May, 1994

KATHY BRADLEY TO RETIRE

NDLS Update

On June 30, Kathleen Bradley willretire from the University after fourteenyears at NDLS. Kathy served as secretaryto several NDLS professors and, for the lasteight years, also as Assistant to the Editorsof The Journal of College and UniversityLaw. Kathy plans to do some traveling withher husband, Marshall, and intends to takeup golf. Best wishes!

NEW HESBURGH BOOK INCLUDESNDLS AUTHORS

Father Ted Hesburgh's most recentpublication includes chapters authored bytwo members of the NDLS Faculty. Thebook, THE CHALLENGEAND PROMISEOF ACATHOLIC UNIVERSITY,comprises positionpapers from Father Ted and twenty-ninemembers of the faculty and administration atthe University of Notre Dame. Publishedby the University of Notre Dame Press, thebook includes a chapter by Bob Rodes,entitled "Catholic Universities and the NewPluralism," and another by Tex Dutile,entitled "A Catholic University, Maybe; Buta Catholic Law School?"

STUDENT WRITING AWARDSANNOUNCED

Terry Phelps has announced thewinners of this year's Writing Awards. TheA. Harold Weber Award for excellence inEssay writing went to Andrea Roberts for"The Jurisprudential Perspective of JudgeRichard A. Posner." The William T. KirbyAward for excellence in Brief writing wentto Corinne C. Pavlis and Elizabeth N.Parsons for their Petitioners' Brief in

Michaels v. Fifrex, Inc. Mary ElizabethHuber received the William T. Kirby Awardfor excellence in Memorandum writing for"Expected Negligence Action AgainstRandolph Hersey by Charles Wentworth:Defenses Available under California CivilStatute that Limits Landowners' Liability toRecreational Users." Congratulations tothese students and a special thanks to thejudges: Gerry Bradley, Roger Jacobs, ConKellenberg, Terry Phelps, Lucy Payne,Charlie Rice, John Robinson, Bob Rodes,and Christine Venter.

NDLS GRADS BECO:ME TV LAWYERS

On April 29, WSBT-TV presentedthe S1. Joseph County Bar Association'sAnnual "Ask A Lawyer" show. The liveshow, hosted by news anchors Cindy Wardand Luke Choate, has become part of theBar Association's Law Day festivities.

Among the NDLS alums partici-pating were Joe Bradley, NDLS '74;Kathleen Brickley, NDLS '82; Judge RolandChamblee, NDLS '77; Mike Murphy,NDLS '79; Paul Peralta, NDLS '86; andTom Sopko, NDLS '70. Mike Gotsch,NDLS '87 and Chair of the BarAssociation's Bench and Bar Committee,coordinated the program.

NEWS FROM THE LIBRARY

On May 9, Mary Cowsert's daughterKim (of the Hesburgh Library) gave birth toMatthew Christopher. Matthew weighedfive pounds and ten ounces and is Mary'sthird grandchild. Congratulations to Maryand her family.

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May, 1994

NEWS FROM CAREER SERVICES

NDLS Update

Kitty Hoye and her husband Bill(who works in the Legal Aid Clinic) areexpecting a new Hoye in November. (Kittyinvites anyone to view, at no charge, avideotape of the confirming sonogram). Thenew arrival will join the Hoyes' four-year-old daughter Katie. Congratulations, Kittyand Bill! (Of course, this means one moreperson for whom Kitty will have to find ajob).

NEWS FROM THELEGAL AID CLINIC

Thirty-two of those who receivedtheir Notre Dame law degrees on May 15were interns in the Legal Aid Clinic.Eighteen other students, who were notinterns in the Clinic, had successfullycompleted clinical courses taught bysupervising attorneys. (Many of thestudents in those clinical courses were alsolegal-aid interns.)

Fourteen students are summer internsin the Clinic -- twelve of them full time.They began their tour of duty on May 18,with the first of five days of instruction andorientation, and immediately began workingon 174 cases carried over from the academicyear. The interns began interviewing newclients on May 23.

NEWS FROM THE FACULTY

Gerry and Pam Bradley announcedthe birth of a son, Timothy James.Weighing nine pounds, five ounces, Timmade his appearance early on the morning

of May 12. Congratulations to the Bradleyfamily!

On May 11, Tex Dutile underwenteye surgery to remove a membrane that hadformed on his retina. The surgeon claimssuccess.

Jimmy Gurule participated in the"Second Annual Conference on Crime,Drugs, Health and Prohibition," held onMay 21 at Harvard Law School. Jimmy'sremarks focused on violent crime and the"Violent Crime Control and Law Enforce-ment Act of 1994," the crime bill presentlypending before Congress.

On May 15, Jimmy addressed theUniversity of Notre Dame Hispanicgraduates at the second annual HispanicRecognition Ceremony.

Jimmy published "Terrorism,Territorial Sovereignty, and the ForcibleApprehension of International CriminalsAbroad," in the Hastings International andComparative Law Review.

Last month Jimmy addressed thelocal chapter of the Society of ProfessionalJournalists. His speech was entitled "TheMedia Coverage of High Profile CriminalCases. "

On May 10, at South Bend's SummitClub, the NDLS Faculty honored Bill andShirley McLean. The marvelous dinnermarked Bill's retirement as Associate Dean.

On April 25 and 26, Carol Mooneyattended a meeting of the JudicialConference Advisory Committee on

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May, 1994 NDLS Update

Appellate Rules, in Denver, Colorado. OnMay 23, she travelled to Milwaukee for theSeventh Circuit's "Circuit Conference."There, . Carol participated in a panelpresentation on recent amendments toappellate rules; Carol discussed the FederalRules.

On June 23, 24 and 25, Carol willattend a meeting of the Judicial ConferenceStanding Committee on Rules, to be held inWashington.

Terry Phelps gave a talk entitled"From 'Private and Personal' to 'Public andIllegal' : The Evolution of SexualHarassment as a Legal Claim," at a seminarfor the United States Attorney's Office forthe Southern District of California, on April22. Terry gave another talk, entitled"Telling Tales: The Power of Stories toChange the World," at the Lake ForestLibrary, Lake Forest, Illinois, on April 24.

Terry will not soon forget her fiftiethbirthday. On May 7, at the South BendCountry Club, her husband Digger surprisedher with an elegant party, includingchampagne, a scrumptious dinner anddancing late into the night. The "Fifties"theme was underscored by the in-personappearance of Frankie Avalon, who sang"Happy Birthday" to Terry and then,following dinner, performed a medley ofFifties tunes, including his million-seller,"Venus." (Tex Dutile did the pianoaccompaniment).

Tom Shaffer published "Wake theNation: Law Student Insights into the NewJerusalem," in the Marquette Law Review.

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Tom also reviewed, in ChristianLegal Society Quarterly, S. L. Carter's THECULTUREOFDISBELIEF.

Jay Tidmarsh was a participant in theby-invitation-only David Berger Program onComplex Litigation, held at the Universityof Pennsylvania Law School on May 12-13.The conference, attended by leading judges,lawyers, and academics working in the fieldof complex litigation, reviewed and critiqueda tentative draft of the third edition of theMANUALFORCOMPLEXLITIGATION.

NEWS FROM THE STAFF

On May 23, Marlou Hall's daughter,Jenny Nelson, gave birth to Marlou's firstgrandchild. Alexander weighed ninepounds, five and one-quarter ounces and istwenty-two inches long. Congratulations toMarlou and her family!

On May 18, Phyllis Idalski's sister,Theresa, passed away. She was thirty-sevenyears old.

NEWS FROM THE ALUMNI

On May 8, the CmcAGO TRIBUNEcarried an article about the "Lend A Hand"Program in Chicago. Administered by theChicago Bar Association, the Program wasfounded in January, 1993, by TomDemetrio, NDLS alum and then President ofthe Chicago Bar Association. Tomrecognized that "lawyers have a uniqueopportunity to reach into the innercity andchip away at some of the problems with selfrespect and dignity experienced by childrenwithout parents or in single-parent homes."So far, the Program has recruited 150

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May, 1994 NDLS Update

lawyers who serve as mentors. Beginningthis year, the Program will award a $2000grant to an outstanding Chicago-area agencythat deals with at-risk innercity youths.

Paul Drey, NDLS '92, has becomean Associate at Bradshaw, Fowler, Proctor& Fairgrave, in Des Moines, Iowa.

James D. Friedman, NDLS '72, hasbeen selected to head the FinancialInstitutions Practice Group of Quarles &Brady, America's 84th largest law firm. Hepreviously headed the firm's InternationalPractice Group and was the Hiring Partnerfor many years. He was also recently listedin Who's Who in American Law, Who's Whoin America, and Who's Who in the Midwest.His son, Scott, was graduated from ND'sCollege of Arts and Letters earlier thismonth and his son, Ryan, will enter theUniversity in September.

Stephen J. Safranek, NDLS '88 anda Constitutional Law professor at theUniversity of Detroit Mercy, was quoted inan Associated Press story April 23. In thestory, addressing Dr. Jack Kevorkian's trialfor assisted suicide, Safranek decried theeffort of Kevorkian's lawyer to gain anacquittal over the "technicality" of the placeof death: "I think it's incrediblydisingenuous for Geoffrey Fieger and JackKevorkian to pull this at the eleventh hour."

MISCELLAAlJ'

Judge William Albright of the St.Joseph Superior Court has written JimmyGurule to express the Court's thanks for thehelp provided by NDLS student interns.Judge Albright noted that "interns inter-

viewed defendants for the public defenders,or even directly discussed plea agreementswith the prosecutor .... The students alsohelp with . . . prisoners at the jail." TheJudge expressed the hope that the programwould continue into the 1994-95 schoolyear.

Professor Orin L. Slagle, formerDean at Ohio State and at Florida State,visited NDLS April 26-28. On behalf of theAmerican Bar Association, Professor Slagleconducted a site inspection of our J.S.D.Program. Under ABA rules, any newdoctoral program undergoes such aninspection within two years of itsestablishment.

In the New York Times Book Reviewof May, 1994, John T. Noonan, former lawprofessor at NDLS and now a judge of theUnited States Court of Appeals for the NinthCircuit, reviewed LEARNED HAND: THEMAN ANDTHE JUDGE, by Gerald Gunther.

Phil Postlewaite, former professor atNDLS, has published, along with SanfordGuerin, PROBLEMS AND MATERIALS INFEDERALINCOMETAXATION(Little Brown).

I THINK HE DISAGREED ....

"Part of the problem with the justicesystem in the United States was exemplifiedby the comments of Notre Dame LawSchool Professor Fernand Dutile ... aboutcapital punishment. Dutile's comments... were unconscionable, especially comingfrom a professor of a highly respecteduniversity. " (Letter to the Editor, South.Bend Tribune, May 20, 1994).

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May, 1994 NDLS Update

Use this sheet for convenientnotification of recent departmental news,publications, lectures, speeches, travels(outside the county), significant socialevents, family news, etc., to be included inthe next issue of NDLS UPDATE. Pleasesend it to my office or put it in my mailbox.

Thanks.

Tex Dutile

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