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DEANELL REECE TACHA REVEALS WHY SHE GAVE UP LIFE TENURE AS A FEDERAL JUDGE TO LEAD THE SCHOOL OF LAW MEET DEAN TACHA MARK HIEPLER Represents Victims of the Deadliest Metrolink Case RONALD F. PHILLIPS Honored for Four Decades of Service SPRING/SUMMER 2011

Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

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Page 1: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

Deanell Reece Tacha Reveals why she

gave up life TenuRe as a feDeRal

juDge To leaD The school of law

Meet Dean Tacha

Mark Hiepler represents Victims

of the Deadliest Metrolink Case

ronalD f. pHillips Honored for four

Decades of service

Spring/Summer 2011

Page 2: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

Malibu • West Los Angeles • Encino • Irvine • Silicon Valley • Westlake Village Heidelberg • London • Florence • Buenos Aires • Lausanne • Shanghai

www.pepperdine.edu/campaign

Announcing the Largest Campaign

in Pepperdine’s 75-Year History.

Page 3: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

12

18

28

30

16

Features

10 Earning accoladEs

students enjoyed another spectacular year of success

in appellate, trial, and alternative dispute resolution

competitions during the 2010-2011 year

12 lEgacy of sErvicE

the 34th annual school of Law Dinner honors ronald

F. Phillips and his four-decade career at Pepperdine

16 distinguishEd diplomat

Former secretary of state Condoleezza rice speaks

on foreign policy at the school of Law

18 mEEt dEan tacha

Deanell reece tacha reveals why she gave up life

tenure as a federal judge to lead the school of Law

22 faculty Essay

Dean tacha writes on creating lawyer-patriots

24 hEirs to an Education

David Boatwright helps san Diego’s youth reach

their potential at the Monarch school for homeless

children

27 intEgratEd valuEs

Deborah Hong represents asian american attorneys

as a leader in her community

28 chiEf advisEr

Jeff Boyd serves as general counsel in the Office of

the Governor of texas

30 fighting giants

after a track record of taking on HMOs and winning,

Mark and Michelle Hiepler advocate for the victims of

the deadliest accident in Metrolink’s history

32 a talE of f33

Four law students who lived together as first-years

spurred each other on to success.

In every Issue

2 Message froM the Dean

3 news shorts

34 faculty activities

37 class actions

vol. 30, no. 1 spring/summer 2011

Pepperdine Law, the magazine of Pepperdine university school of

Law, is published by Pepperdine university.

school of law aDMinistration

Deanell reece tacha – Dean

L. timothy Perrin – Vice Dean

Carol a. Chase – Associate Dean, Academics

Herbert e. Cihak – Associate Dean, Library and information

James a. Gash – Associate Dean, student Life

Maureen Weston – Associate Dean, research

aymara Zielina – Assistant Dean, career Development

the office of Public affairs

rick Gibson (MBa ’09) – chief Marketing Officer and Associate Vice President for Public Affairs

Matt Midura (Ba ’97, Ma ’05) – Assistant Vice President for integrated Marketing communications

Megan Huard – Director of content Development

Brett sizemore – Director of creative services

ed Wheeler (Ba ’97, Ma ’99) – Director of web and Multimedia

PePPerDine law staff

emily DiFrisco – editor

Keith Lungwitz – Art Director

vincent Way – copy editor

ron Hall (Ba ’79) – Photographer

Jill McWilliams – Production Manager

Gareen Darakjian, sarah Fisher, samantha troup (Ma ’11) – contributors

Kimberley robison (Ba ’10) – web developer

Please direct address changes, letters to the editor, comments, and requests to:

Pepperdine Law

Pepperdine university school of Law 24255 Pacific Coast Highway Malibu, California 90263

p: 310.506.6454 f: 310.506.4266

e-mail: [email protected]

school of law offices

admissions 310.506.4631

advancement and alumni relations 310.506.4492

Career Development 310.506.4634

Global Justice Program 310.506.4734

International Programs 310.506.7597

straus Institute for Dispute resolution 310.506.4655

Geoffrey H. Palmer Center for entrepreneurship and the Law 310.506.4681

Herbert and elinor nootbaar Institute on Law, religion, and ethics 310.506.7635

Clinical Programs 310.506.7449

law.pepperdine.edu

Ls1101080Read the magazine online at lawmagazine.peppeRdine.edu

Page 4: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

First Principles“ FiRst pRinciples” matteR to me.

WhEthEr in thE laW, in onE’s faith, or in onE’s pErsonal and profEssional

conduct, thE EvEr-prEsEnt construct of first principlEs must guidE us in lifE’s

many EndEavors. it Was so for mE as a judgE. it Will bE so for mE as a dEan

and mEmbEr of thE pEppErdinE community.

2P e P P e r D I n e L aW

m E s s a g E f r o m t h E d E a n

several first principles called me to accept

the position of dean at this great law school,

including the university’s commitment to

be a law school dedicated to excellence

in the christian legal education context.

personally, one of the first principles

that will guide my work and channel my

energy is my clear understanding of the

stewardship responsibility i assume from the

extraordinary deans who have preceded me:

from ron phillips, the inspired and inspiring

founding dean, through my dear friend and

colleague, Ken starr, who catapulted this

law school into national prominence, to

tom bost, who has so thoughtfully continued

this tradition of outstanding leaders. i draw

my direction and enthusiasm from this first

principle: pepperdine university school of

law is a force in american legal education

due, in no small measure, to this history of

excellent leadership. With humility, i will

seek to carry on this great tradition as the

next chapter of our beloved law school’s

history unfolds.

although new to this post, i have already

learned much about why pepperdine school

of law has achieved such a position of

national prominence. the credit starts at the

top. president andrew benton and provost

darryl tippens are manifestly among the

greatest believers in this law school, its

achievements and its potential.

i look forward to working with them

to realize our mutual aspirations. but no

credible institution of higher education is

defined solely by its administration. good

students, outstanding faculty, dedicated staff,

and generous alumni and friends define and

chart the future for great institutions.

this law school is blessed with students of

high intellectual abilities who consistently

choose pepperdine for their own first

principle reasons. similarly, the faculty with

its extraordinary credentials and dedication

to excellence in teaching and scholarship

embody the kind of first principles legal

education aspires to bring to the legal

profession. the staff of this law school

consists of friends and colleagues who

resolutely share the mission and vision to

pursue the quest for enhancing the quality of

every aspect of the pepperdine experience.

finally, i am already overwhelmed at the

level of engagement, support, and thoughtful

guidance alumni and friends of our law

school provide. i thank you for all you do—

and enthusiastically look forward to working

with you to further the noble endeavor in

which we are mutually committed. may this

be an endeavor of joy based on our shared

“first principles!”

dEanEll tachaDuane and Kelly roberts Deanand Professor of Law

Page 5: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

On tHe WeB: law.pepperdine.edu/nootbaar

pepperdine remembers Elinor nootbaarthe Pepperdine university community was

saddened to learn of the passing on March 27 of elinor nootbaar, wife of Herb nootbaar of Laguna Beach, California. the couple’s love of Pepperdine and especially the school of Law, motivated them to endow the Herbert and elinor nootbaar Institute on Law, religion, and ethics at Pepperdine.

the nootbaars’ ties to Pepperdine began in the late 1950s when elinor joined the associated Women for Pepperdine (aWP) and became acquainted with Pepperdine matriarch Helen young. Meanwhile, Herb knew Helen’s husband norvel young, longtime president of the university through the Los angeles area Chamber of Commerce. as the years went by, Herb and elinor kept an eye on Pepperdine, and their direct involvement and support of Pepperdine increased when the school of Law named Kenneth W. starr its dean in 2004.

In reconnecting with Pepperdine through Helen young and her daughter sara Jackson, vice chancellor for major gifts at the university, elinor and Herb made a generous $6 million gift to the school of Law to endow the nootbaar Institute on Law, religion, and ethics; the Dean’s Office; and to support the William French smith Memorial Lecture series. they have given an

additional $4 million to further support the work of the nootbaar Institute—making them among the most generous couples in the law school’s history.

“the better we came to know Pepperdine university, its people, and its values, the more we felt the answer was in that direction,” said elinor in an article in Pepperdine Law. upon learning about Pepperdine’s Institute on Law, religion, and ethics, they felt it was a perfect fit. “When we realized the extent of the institute’s work and the programs and mission, we were so inspired and wanted to help,” said elinor.

the endowment of the nootbaar Institute has enabled further investigation of law, religion, and ethics through interdisciplinary seminars, conferences, and symposia. the endowment has also strengthened Pepperdine’s Global Justice Program, which is housed in the nootbaar Institute. among other initiatives, the program gives students the opportunity to work with human rights organizations both nationally and internationally providing stipends for students pursuing international human rights work across the globe.

“among the many ways elinor nootbaar supported the work of the nootbaar Institute, one of her most important contributions was

that of encouragement,” says Bob Cochran, director of the nootbaar Institute and Louis D. Brandeis Professor of Law. “On many occasions, a conversation with elinor left me, the nootbaar Fellows, and others associated with the institute excited to continue the work of bringing the insights and compassion of Christ to the causes of justice and care for those Jesus called ‘the least of these.’ she will be dearly missed.”

the official results of the July 2010 California Bar exam have been released, and Pepperdine university school of Law ranked fourth in the state of California with only stanford, Berkeley, and usC having higher passage rates. Pepperdine had 88.3 percent of first-time test takers pass the exam.

Just behind Pepperdine were Loyola with 84 percent and uCLa with 83 percent. the overall passage rate for all takers (first-time and repeat takers) from all schools for the exam was 54.8 percent. the passage rate among first-time takers from aBa-accredited California schools was 75 percent.

Pepperdine has regularly ranked among the top law schools in California on the bar exam, and this year marks another achievement. In its history, the law school has never earned a pass rate that was more percentage points above the passage rate for first-time takers from aBa-accredited California schools (more than 13 percent) than in July 2010.

tim Perrin, vice dean of the school of Law, called the school “extraordinarily pleased” with the results. “We are extremely proud of our students who worked so hard for the success they enjoyed on the California Bar exam, the most difficult such exam in the country,” he said.

n E W s s h o r t s

3

peppeRdine achieves high maRks on the july 2010 california bar Exam

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the school of Law honored Ken starr, former Duane and Kelly roberts Dean of the Pepperdine school of Law (2004-2010), with the unveiling of his official portrait on March 4. the event paid tribute to the starr legacy and featured comments from interim dean and professor of law thomas G. Bost, President andrew K. Benton, and starr himself.

Bost welcomed the crowd before Benton gave a reflection on the starr legacy. In his address, Benton thanked the former dean for his determination to elevate the name and stature of the school of Law. “you led us to a level of national recognition more fitting to who and what we are and who and what we hope to be,” he said, “and we thank you.”

after the unveiling of his portrait, painted by artist richard Morris, starr addressed the guests in attendance and expressed his appreciation

for George Pepperdine’s enduring spirit and dedication to service. starr stated, “Pepperdine should be thankful and proud of the legacy that these deans who have come before me have created and a law school faculty that not only cares about students and policy issues, but is determined to be excellent at everything that it does.”

the event also paid tribute to past and present deans. newly appointed dean and u.s. Court of appeals Circuit Judge Deanell reece tacha, said, “I feel privileged to follow him,” of her long friendship with starr. “He has done such a remarkable job for Pepperdine and leaves the institution at a wonderful place.”

Founding dean ron Phillips added, “Ken did such an extraordinary job during his deanship here and we are so blessed to have him with us.”

cupp’s articlE citEd by justice breyer in Bruesewitz v. wyeth

an article written by rick Cupp, John W. Wade Professor of Law, was cited by Justice stephen Breyer in his concurring opinion in Bruesewitz v. wyeth, a major vaccine preemption case decided by a 6-2 margin by the supreme Court on February 22.

Breyer referenced Cupp’s article, rethinking conscious Design Liability for Prescription Drugs: The restatement (Third) standard Versus a Negligence Approach, 63 Geo. Wash. L. rev. 76 (1994), in ruling that the national Childhood vaccine Injury Compensation act of 1986 preempts all design defect claims against vaccine manufacturers under state tort law. the verdict applies to those affected by serious side effects of childhood vaccines seeking compensation from the Office of special Masters of the u.s. Court of Federal Claims, or “vaccine court.”

“there are special rules for liability relating to drugs and vaccines,” explains Cupp. “Preemption is one of the most significant issues in products liability litigation as well as in constitutional law, and is a matter of interpreting the constitution in an area that strongly impacts products liability cases.”

a leading scholar in the field of tort law, Cupp has authored more than 20 articles. He is an elected member of the american Law Institute and has served as chair of the association of american Law schools section on torts and Compensation systems. Cupp’s scholarly work addressing products liability has been cited more than 300 times by courts and law review articles.

FoRmeR dean ken staRR honored at portrait unveiling

Christine Chambers Goodman, professor of law, was unanimously appointed to the Los angeles County Bar association (LaCBa) Board of trustees on april 5. a LaCBa member since 1998 and current chair of its Diversity in the Profession Committee, Goodman will serve a two-year term. alan K. steinbrecher, president of LaCBa, said that Goodman brings “thoughtful insight into the law and topics of diversity as an educator” which “will add a unique perspective to the Board.”

Goodman joined the faculty at Pepperdine in 2001 and teaches race and the Law; evidence; and Community Outreach: youth Mentoring in Law. she also serves as an advisor to the Black Law students’ association and Women’s Legal association, and has been a trial team coach. she began her career in academia at uCLa in 1995, where she created and taught a course in lawyering skills for public interest attorneys.

“I like keeping involved in what real lawyers do day-to-day in Los angeles,” says Goodman of her involvement with LaCBa. “My contribution to the board is to be a role model for others, to show young people that they too can be a leader in their community.”

goodmanElected to los angeles county bar association board of trustees

Page 7: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

The School of law welcomed

Three viSiTing profeSSorS

during The Spring SemeSTer.

d & l Straus distinguished visiting

professor paul l. caron, of

university of cincinnati college

of law taught federal income

Taxation and federal estate and

gift Taxation. distinguished

visiting practitioner in residence

roger cossack, a legal analyst for

eSpn, taught media and the law

for the fourth consecutive year,

and visiting associate professor

of law Khrista mccarden, a

former practitioner at morgan

lewis in london, england, taught

international Tax and federal

Taxation of Business entities.

paul caron is the charles hartsock professor of law at university of cincinnati college of law. active in many facets of tax law, caron is publisher and editor of taxprof, the most popular tax blog on the internet, and

serves as the publisher and editor-in-chief of the law professor blogs network of more than 50 blogs edited by law professors around the country.

roger coSSacK has been a legal analyst for esPn since 2002, and has been explaining legal applications to television audiences since 1994 when he worked as a legal analyst on Cnn, in addition to being a cohost of Burden of Proof.

Having served as a prosecutor and a defense lawyer during his 22 years of practice, Cossack argued U.s. v. Leon before the supreme Court in 1984. Prior to beginning his private practice, Cossack served on the faculty of uCLa Law school.

Before arriving at Pepperdine, KhriSTa mccarden practiced with Morgan Lewis in London where she focused on all aspects of international taxation, including corporate, individual, charitable, estate,

and trust planning for u.s. persons conducting business or residing abroad. McCarden began her legal career with Latham & Watkins LLP in Los angeles. she has practiced international tax law in Paris and completed a clerkship in new york with Judge Barrington D. Parker of the u.s. Court of appeals for the second Circuit.

Many prominent law professors have served as D & L straus Distinguished visiting Professors at Pepperdine including akhil amar of yale Law school, Laurie Levenson of Loyola Law school, Michael D. Green of Wake Forest, and ellen Pryor of sMu Dedman school of Law. recent Distinguished visiting Practitioners in residence include Mark a. Behrens of shook, Hardy & Bacon LLP, and John G. Malcolm, previously of the Motion Picture association of america.

5 L aW. P e P P e r D I n e . e D u

On tHe WeB: law.pepperdine.edu/academics/faculty

On tHe WeB: the event was covered in the Los Angeles Times and on C-sPan. For more information visit law.pepperdine.edu /supreme-mistakes

visiting professors

caron, cossacK, and mccardEn teach at the school of law

this Pepperdine Law review symposium

brought together some of the nation’s top legal

scholars to discuss the most widely criticized

decisions in supreme Court history. scholars

such as akhil reed amar of yale, Daniel Farber

of Berkeley, erwin Chemerinsky of uC Irvine,

and suzanna sherry of vanderbilt debated

erie, Dred scott, Buck v. Bell, Plessey, and

Korematsu.

each symposium presenter articulated exactly

why he or she nominated a particular case for

the supreme Court’s “Hall of shame.” another

presenter then had the opportunity to redeem

the Court’s reasoning or at least put the case in

its historical context.

Pepperdine’s ed Larson, university Professor

of History and Hugh and Hazel Darling Chair

in Law, explained, “the underlying goal of the

symposium was not to criticize the failings of

the Court over its history, but rather to take a

serious and scholarly look at the limits of judicial

power and discretion through a historical lens.”

In his remarks, amar presented the idea

that these cases could be categorized into an

“anti-canon” of legal history. Legal historians

ted White and Paul Finkelman spoke to the historical context and elaborated on the idea of the anti-canon. White gave a framework on how to identify a “notorious” decision, and explained why he would put Dred scott, Plessey, and Korematsu in the anti-canon.

Finkelman stressed the importance of examining these cases. “Whether you teach history to third graders or third-year law students, you face the question: do you teach a history that is simply patriotic or one that is troubling, one that opens their eyes?”

Pepperdine Law review symposium Explores the most maligned decisions in supreme court history

Page 8: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

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On tHe WeB: law.pepperdine.edu/judicial-clerkship-institute

ed laRson Elected to international academy of the history of science

Eleventh annual

ByRne Judicial cleRkship

institute hosts 19 judges and 113 law clerks

Pepperdine hosted the 11th annual Wm. Matthew Byrne, Jr., Judicial Clerkship Institute March 17 to 19 at the school of Law. through the Byrne JCI, students who have been accepted into federal judicial clerkship positions have the opportunity to gain distinctive, comprehensive training by federal judges.

Hailing from across the country, 113 students and 19 judges participated in the program. Judges spoke on topics such as the role of the law clerk, litigation of high-profile cases, judicial clerkship ethics, and handling habeas corpus petitions. In one panel discussion, Dean erwin

Chemerinksy of uC Irvine and President Ken starr of Baylor university spoke on important recent and pending u.s. supreme Court Cases.

“the purpose of the Byrne Judicial Clerkship Institute is to improve the effectiveness and efficiency of judicial clerks,” said tom Bost, former interim dean of the school of Law. “In consultation with several of the most highly respected judges in the united states, we have identified the subjects that new clerks most need to learn. the judicial faculty of the institute gives students much of the practical knowledge needed by every law clerk.”

straus InstItute ranKeD nuMBer One

For seventh Consecutive year

the straus Institute for Dispute resolution

was recently ranked the number one dispute

resolution program by U.s. News and world

report for the seventh consecutive year. the

remaining schools in the top 5 for 2012 are

Harvard university, Hamline university, university

of Missouri-Columbia, and Ohio state university.

this is the 10th time Pepperdine has achieved the

number one position in the past 15 years.

the straus Institute was established in 1986

as the first dispute resolution program in the

southwest. From the beginning, the institute

has recruited prominent full-time faculty and

practitioners to teach its courses from throughout

the u.s., Canada, Latin america, asia, and europe.

More than 35 different courses in dispute

resolution are offered by straus including

negotiation, mediation, arbitration, labor,

entertainment dispute resolution, dispute

resolution ethics, cross cultural conflict, psychology

of conflict, and other areas. Courses are taught by

the 10 full-time Pepperdine professors, 22 local

adjuncts, and 35 adjuncts and visiting faculty from

around the world.

tom stipanowich, academic director of the straus Institute, William H. Webster Chair in Dispute resolution, and professor of law, explains, “the U.s. News ranking is symbolic of the continuing strength of a program which combines a uniquely broad and deep academic curriculum with first-rate professional skills offerings. the institute is breaking new ground as a leader in the development of mediation worldwide, in the innovative use of media to encourage changes in the culture of conflict management, and in empirical research.”

Former interim dean thomas Bost notes, “the straus Institute has set a new standard for excellence in the teaching and practice of conflict resolution. ‘Blessed are the peacemakers’ is more than a catchphrase at straus. It is a living reality.”

ed Larson, university Professor and Hugh

and Hazel Darling Chair in Law, has been

elected as a corresponding member of the

Paris-based International academy of the

History of science. tracing its origins to 1927,

the academy is an international honorary

society for historians of science.

Larson is a historian and the recipient of

the 1998 Pulitzer Prize in History for his book

summer for the Gods: The scopes Trial and

America’s continuing Debate over science

and religion (1997). He has published seven

books and over 100 articles on topics such as

science, medicine, and law from a historical

perspective.

“It’s a true honor to be elected a

corresponding member of the International

academy of the History of science,” says

Larson. “this is the premiere international

honorary society for historians of science

and it has a very limited number of american

members.”

Page 9: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

peter robinson, managing director of the straus institute for dispute resolution, and associate professor of law, represented straus in a partnership with the beijing arbitration commission to hold the conference, “teaching chinese law professors how to teach mediation,” from january 13-17, in beijing, china.

With financial support from the u.s.- china legal cooperation fund, the training was designed to equip chinese law professors with the methodology and supporting materials used by straus. the chinese ministry of Education has encouraged chinese law schools to teach more alternative dispute resolution courses.

“harmony is a strong cultural value in china and thus mediation has been a part of the culture for thousands of years,” says

robinson. “mediation is just beginning to be included in court processes however. law schools realize that they have an opportunity to support the utilization of mediation in the court-annexed and commercial legal arenas.”

robinson called the workshop rewarding and the professors enthusiastic. “the professors want to be involved in the mediation movement, but have not experienced mediation courses, so they sacrificed one week of their vacations between semesters to attend this program and were excited about establishing mediation courses at their schools.”

robinson has presented negotiation and mediation skills courses in more than 30 states and in argentina, canada, England, holland, hong Kong, india, israel, japan, jordan, mexico, and rwanda.

7 L aW. P e P P e r D I n e . e D u

On tHe WeB: law.pepperdine.edu/straus

On tHe WeB: law.pepperdine.edu/nootbaar

RoBinson tRains law pRoFessoRs in mediation in china

the Herbert and elinor nootbaar Institute on Law, religion, and ethics hosted the conference, “a Call for International religious Freedom” on February 25, at the school of Law. the keynote speakers were suzan Johnson-Cook and representative Frank Wolf.

the conference discussed how religious clashes are becoming more and more prevalent throughout the world and examined the growing need for tolerance between faiths, particularly as the Muslim and Christian worlds collide.

“In recent years, the world has watched the brutal clashes between religions in Jos, nigeria, and Orissa, India,” said Bob Cochran, director of the nootbaar Institute. “We have heard, firsthand, the stories of the persecution of house churches in China, the Baha’is in Iran, and the recent bombings of Coptic Christian churches in

egypt. there is growing concern over the lack

of tolerance between faiths, particularly as the

Muslim and Christian and secular worlds collide.”

the 13 conference speakers included people

who have worked for religious freedom in

government positions, for nGOs, and as private

citizens. Johnson-Cook is president and CeO of

Charisma speakers and is an author, minister,

and advisor. she was recently confirmed as

ambassador-at-large for international religious

freedom.

Wolf represents the 10th District of virginia,

and is serving in his 16th term in Congress.

He is cochair of the tom Lantos Human rights

Commission, a bipartisan organization of Congress

who works together to raise awareness about

international human rights issues.

rePresentatIve FranK WOLF speaks at nootbaar institute conference on international religious freedom

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On tHe WeB: law.pepperdine.edu/global-justice

the Global Justice Program took seven

students to Chaing Mai and Mai sot,

thailand, over spring break to learn about

international human rights issues on the

ground. the Pepperdine group included

Global Justice Program director Jay

Milbrandt (JD ’08), program assistant Lauren

Hartley, and seven law students.

the group met with organizations such as

the recycled Child Project, an anti-trafficking

project started by Pepperdine seaver

alumna, alezandra russell, and the Free

Burma rangers (FBr), an organization that

documents human rights abuses in Burma.

students also visited a refugee camp along

the thai-Burma border.

“Our time at a refugee camp along the

thai-Burma border had the greatest impact

on me,” explains amy Wingfield. “as a law

student, I get caught up in all the work

I have to do and all the things I have to

worry about, but the displaced people in the

refugee camp have gone through horrible

experiences and lost family and friends to

violence, yet they are so kind and hopeful. It

was refreshing, and a wonderful reminder of

all the blessings we have, that really inspired

me to tell their stories and find ways to

continue to help the people of Burma.”

amber Pleasant was also surprised

by the joy she witnessed at the camp. “I

remember lying on my mat in the refugee

camp, drifting off to sleep to the sounds of

the Karen people singing, and I was struck

by how unexpectedly joyful they are despite

their circumstances. Many have lost family

members, all have lost their homes, yet their

daily life is a testament to the resilience and

hope of humanity.”

gloBal Justice pRogRam takes students to thailand for spring break

Gary Haugen, the founder, president, and CeO of human rights agency International Justice Mission (IJM), joined the school of Law faculty april 18-22 to teach a seminar titled “Human rights and the rule of Law in the Developing World.” the course was an in-depth exploration into the enforcement of human rights with a particular emphasis on working with local government agencies and communities to provide effective access to justice.

His course at Pepperdine builds on the relationship forged between the two institutions when the school of Law became the first in the country to establish a student chapter of IJM.

“Gary Haugen’s time is so precious, and his mission of such critical importance, that we are honored he would invest a full week with us here at Pepperdine,” said Bryan Pereboom, president of the law school’s student chapter of IJM. “We are humbled and challenged to learn from someone living so completely on mission for Jesus.”

Haugen’s extensive experience in the fields of human rights and rule of law dates back to his work at the u.s. Department of Justice and the

united nations, during which time he investigated the 1994 rwandan genocide. He founded IJM in 1997 as a nonprofit agency to rescue victims of violence, sexual exploitation, slavery, and oppression worldwide.

IJM now has field offices across the world from Guatemala, to Kenya, to India. IJM lawyers, investigators, and aftercare professionals work with local officials to ensure immediate victim rescue and aftercare, to prosecute perpetrators, and to promote functioning public justice systems.

“Gary Haugen is a true giant in addressing

global justice issues,” says Professor naomi

Goodno. “He has a clear vision and a contagious

passion for justice. It is a true honor and

blessing that Professor Haugen is teaching at

our school.”

In 2009 Haugen visited the Malibu campus to

present the commencement speech at the law

school graduation, urging the graduates to enjoy

life saying, “For where you find true joy, you will

also find your purpose.”

On tHe WeB: www.ijm.org

international Justice mission founder

gaRy haugen teaches human rights seminar course

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Princeton’s Dr. robert George (below, left) and 2011 distinguished alumnus Jim rishwain (JD ’84), firm chair of Pillsbury

Winthrop shaw Pittman LLP, (below, right) spoke at the school of Law commencement on May 20, 2011.

school oF law commencement • 2011

9 L aW. P e P P e r D I n e . e D u

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Shane michael, amber lee, Brittney lane, and John Barron

were the champions at the national Civil trial Competition at Loyola Law

school in Los angeles, California, in november.

national champions

faridoon Baqi and Brittney lane were finalists and Kimberly mccall and Jeremiah lee were semifinalists at the Chicago Bar association national Moot Court Competition in november. Lane was named Best advocate in the preliminary rounds.

Kelline linton and ardy pirnia were finalists at the asylum and refugee Law national Moot Court Competition at uC Davis in Davis, California, in February. Linton was awarded Best advocate in the preliminary rounds.

earnInG aCCOLaDes

national Finalists

{ national championship }

Kelline Linton and Ardy PirniaKimberly Mccall and Jeremiah LeeFaridoon Baqi and Brittney Lane

shane Michael, Amber Lee, Brittney Lane, and John Barron

10P e P P e r D I n e L aW

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additional awardsemily Brandenburg, Kendra lounsberry, and nicole rodger won second-Place Brief at the aBa national appellate advocacy regional Competition in san Francisco, California, in February.

will glaser won third-Place advocate in the Preliminary rounds of the Willem C. vis International Commercial arbitration Moot in vienna, austria, on april 21.

students enjoyed another spectacular year of success in appellate, trial, and alternative dispute resolution competitions during the 2010-2011 year.

{ Regional championships }

robert Pendergrass, Lauren Moon, and Amber Lee seth Laursen, Javon Jones, and Derek Thain

mane Sardaryan, chalak richards, lauren castles, and alyssa ayotte

were champions and Kelsey Stapler, Ben adams,

Kimberly mccall, and Brittney lane were finalists at the

american association for Justice regional trial Competition in santa

Monica, California, in March.

Kelsey stapler, Ben Adams, Kimberley Mccall, and Brittney Lane

Mane sardaryan, chalak richards, Lauren castles, and Alyssa Ayotte

will Glaser and Kelsey stapler

the team of robert pendergrass, lauren moon, and amber lee

were champions and Seth laursen, Javon Jones, and derek Thain

were semifinalists at the texas young Lawyers association regional trial

Competition at La verne university in rancho Cucamonga, California,

in February.

will glaser and Kelsey Stapler were the champions at the national Moot Court regional Competition in

san Francisco, California, in October. Glaser was named Best advocate in the

preliminary rounds.

richard protzmann and Janelle white were champions at

the thornses Pre-vis arbitration Competition at the university of

san Diego in February.

Kaden norton and ardy pirnia were champions at the state Bar of California environmental negotiation Competition

in san Francisco, California, in March.

11 L aW. P e P P e r D I n e . e D u

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LeGaCy of servICethE 34th annual school of laW dinnEr

honors ronald f. phillips and his

four-dEcadE carEEr at pEppErdinE.

ronald f. phillips, senior vice chancellor

and school of law dean Emeritus, is

often referred to as the “architect and

administrator of the pepperdine university

school of law.” phillips was the founding

dean in 1970 and facilitated the law school’s

move from orange county to malibu,

california, in 1978. phillips served as dean for

27 years before being named dean Emeritus

in 1997. continued ≥

12P e P P e r D I n e L aW

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13 L aW. P e P P e r D I n e . e D u

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his legacy of more than 40 years of service

was the theme of the 34th annual school of

law dinner on march 5 at the beverly hilton

hotel in beverly hills. alumni, students,

faculty, and friends of the school paid tribute

to phillips throughout the event.

alumni who spoke at the event included

noted attorney and businessman terry giles

(jd ’74); real estate developer rick caruso

(jd ’83); the honorable Eileen c. moore (jd

’78), associate justice of the california court

of appeal; janet E. Kerr (jd ’78), executive

director of the palmer center and professor

of law; and andré birotte (jd ’91), u.s.

attorney for the central district of california.

“i was inspired to attend law school

after serving as a nurse in the vietnam

War,” recalled justice moore. “i found the

pepperdine law school community under the

leadership of dean phillips to be an enclave

of civility amidst a world in turmoil. While

i was in law school, dean phillips helped

me secure an internship with the district

attorney’s office, and was later instrumental

in my appointment to both the superior

court and the court of appeals.”

second-year student alyssa ayotte, who

worked as executive assistant to phillips,

reflected on her experience at the law

school. “as a current student, i am grateful

for the foundation laid by dean phillips

that makes it possible for me to study in a

place that is steadfastly committed to both

academic excellence and christian values,”

she said.

in the early days of the law school, phillips

wore many hats. he hired faculty, taught

contracts, and secured full aba-accreditation

for the school in 1975. he invited

distinguished scholars and u.s. supreme

court justices to speak to students. he

built a team of faculty members who would

continue to bring the school to new heights.

professor jim mcgoldrick, the longest

serving member of the law faculty, reflected

on working with phillips since 1971. “When

i first met dean phillips, he wanted to build

a law school that placed students at the

heart of the enterprise, one that welcomed

outstanding faculty and distinguished guests,

one that stood committed to academic

excellence and christian values. pepperdine

law remains dedicated to that vision more

than four decades later.”

for his exemplary career at pepperdine,

president andrew K. benton presented

phillips with the 2011 robert h. jackson

award. previous recipients of the jackson

award include chief justice of the united

states john roberts, ambassador john

bolton, and former chief justice of

california, malcolm m. lucas.

“i am deeply blessed,” said phillips in his

remarks. “few people have been able to

spend such a significant portion of their lives

in such a rewarding endeavor.”

President Benton presents Phillips with the robert H. Jackson Award.

interim Dean Tom Bost announces 1L Professor of the Year, Naomi Goodno, and 2L and 3L Professor of the Year, Barry McDonald.

Barbara JonesAndré Birotte

14P e P P e r D I n e L aW

On tHe WeB: view a video tribute to ron Phillips at law.pepperdine.edu/dinnervideo

Page 17: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

above: Judges Gruender, Garza, and Lew

with First-Place winners william Glaser and

Brent Kampe; and below: with second-Place

winners David rowe and Dustin May.

pepperdine held the final round of the 37th annual vincent s. dalsimer moot court

competition earlier in the day on march 5. the final round was judged by three federal

judges each of whom will have a pepperdine law clerk next year. the final round bench

included the honorable Emilio garza, united states court of appeals for the fifth circuit; the

honorable raymond gruender, united states court of appeals for the Eighth circuit; and the

honorable ronald lew, u.s. district court, central district of california.

the first-place team was third-year students William glaser and brent Kampe, and the

second-place team was third-year students dustin may and david rowe. “arguing before the

dalsimer panel was a true honor—few attorneys ever have the chance to speak before federal

circuit court judges in their entire career, let alone as a mere law student,” said Kampe.

participating in the final round was especially meaningful for Kampe, whose father

competed in dalsimer in 1980, arguing before united states supreme court justice harry

blackmun. Kampe’s parents first met at pepperdine law.

to students thinking about participating in the competition in the future, Kampe highly

recommends the experience. “Even if you don’t think you’ll have time for it, weigh that

reluctance against the fact that this may be your last opportunity to compete in such a

forum,” he says. “and, as my dad always told me, ‘don’t try the case in your office;’ i.e.,

don’t assume that you have no chance at winning because you are going up against tough,

experienced competition or it seems you have a bad case. you never know how the judges

will rule until they actually do.”

crafting argumEnts

students highlight the 37th annual vincent s. dalsimer moot court competition

15 L aW. P e P P e r D I n e . e D u

On tHe WeB: law.pepperdine.edu/advocacy

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the conversation included pierre-richard

prosper (jd ’89), former ambassador at

large for war crimes and partner at arent

fox, and gregory s. mcneal, associate

professor of law. the event was moderated

by colleen p. graffy, associate professor

of law and director of global programs for

the school of law. as rice spoke on current

issues in national security, she drew upon

her experiences as the first woman to hold

the position of national security advisor,

from 2001 to 2005, and from her time as the

u.s. secretary of state from 2005 to 2009.

graffy served under rice as deputy

assistant secretary of state for public

diplomacy for Europe and Eurasia at the

u.s. state department, and she opened

the conversation with a question about

the turmoil in Egypt. “if Egypt had made

some of the reforms earlier, particularly

after 2005, and if there was a presidential

election that was relatively free and fair, i

think that the people of Egypt would have

felt that they had space for decent politics,”

responded rice. “the right to live in freedom

is something that is found in each heart. it

is not something that is bound by culture,

religion, or region. Everyone wants to be

able to say what they think and to worship as

they please, and to be able to be free from

the knock of the secret police. i think we are

seeing in the streets of Egypt that that is in

fact a universal value.”

as rice answered additional foreign policy

questions, she explained that democracy

takes time to unfold. drawing from her

own experiences, she said, “i grew up in

birmingham, alabama, in the segregated

south. my father was not able to register to

former Secretary of State

condoleezza rice visited

pepperdine university on

february 9 to share insights

from her life and career

in a conversation entitled,

“foreign policy in a post-

9/11 world.” a crowd of

more than 600 attended the

event in the henry J. and

gloria caruso auditorium at

the School of law.

distinguishEddiplomat

16P e P P e r D I n e L aW

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vote in 1952, so even our democracy in the

united states has taken some time to unfold.

to the degree that we talk about democracy,

if we do it in a way that lets people know we

don’t think this is easy, that we in the united

states don’t have all the answers, i think it

makes it easier for us to get our message

across.”

additional topics raised by the

conversationalists included how the u.s.

can help africa, the current situation in

iran, and the controversial question of

saddam hussein harboring weapons of

mass destruction. “i think we knew really

by the end of the summer, beginning of fall

2003, that we weren’t finding stockpiles of

weapons and that something had gone wrong

in the intelligence,” said rice. “now that

said…intelligence is an art, not a science.”

“We’ve never heard a

former administration

official tell that side of

the story,” said mcneal,

who asked the question

about the emotional

impact of realizing they

would not find weapons of

mass destruction. “it is an

important piece of history.”

another topic raised by

graffy was the role of faith.

“my faith is very integral

to who i am,” explained

rice. “i am a presbyterian

minister’s daughter, a

presbyterian minister’s

granddaughter, and a

presbyterian minister’s

niece. my father, who was

a theologian, was someone

who encouraged me to think

about things and ask tough

questions and would debate

me about those issues. What

he taught me was that faith

and reason don’t have to

be at war with one another

and that made an enormous

difference in my own

religious development.”

one question submitted by an audience

member regarded women’s issues in foreign

policy, whether they were merely politically

correct or a serious part of foreign policy

strategy. “if you want to do something about

population explosions around the world,

educate women and they won’t have 10

kids, and they won’t start having them too

young,” asserted rice. “if you want to do

something about trafficking persons, educate

and empower women and they won’t allow

themselves to be put in that position. if you

want to do something about poverty, educate

women, empower them with micro grants,

and they will take tiny little businesses,

enrich a whole village, and ultimately make

your country stronger.”

a number of questions submitted byº

the audience asked rice’s advice on how

to develop a career working in foreign

policy. “find something that you love,

something that you’re passionate about.

for reasons that have absolutely nothing to

do with my upbringing or my background,

i found out i was passionate about russia.

international relations requires language

skills, it requires cultural knowledge, so

i would hope that people are studying

abroad, taking the opportunity to learn other

peoples’ languages, even hard languages,”

she concluded. “it is not possible to plan the

next 20 years of your life, just the next step.

try to concentrate on the next step that is

going to take you to that position.”

Whether agreeing or disagreeing with

rice’s viewpoints, students and faculty alike

appreciated her address. “if you had asked

me to compile a guest speaker wish list for

my time at pepperdine, dr. rice would have

been in my top three,” said second-year

student melody rodriguez. “i was elated

that she agreed to speak at our institution,

and in such an intimate setting. dr. rice was

an extremely poised, intelligent speaker

and the conversationalists led her through

an incredibly engaging conversation. i was

surprised at how honest and transparent

her responses to the attendee-generated

questions came across.”

tom bost, former interim dean of the

school, added, “dr. rice brought a most

extraordinary background and perspective

to her presentations at pepperdine. her

conversation concerning united states

foreign policy not only reflected her

exemplary background as scholar, teacher,

academic leader, and humanitarian, but also

her years of effective service to our country

at the very highest levels during a crucial

period in the nation’s history.”

rice is a professor of political economy in the Graduate school of Business, the Thomas and Barbara stephenson senior Fellow on Public Policy at the Hoover institution, and professor of political science, at stanford University.

formEr sEcrEtary of

statE condolEEzza ricE

spEaKs on forEign policy

at thE school of laW

17 L aW. P e P P e r D I n e . e D u

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Deanell reece tacha has made her

mark on the legal community as

a distinguished jurist, serving for

more than 25 years as a circuit

judge on the united states Court

of appeals for the 10th Circuit.

as of June 1, she transitioned to

a new post as the sixth dean of

Pepperdine school of Law. In this

interview, Dean tacha reveals

how she journeyed from a small

town in north central Kansas to

Malibu, California, and why she

gave up life tenure as a federal

judge to lead Pepperdine Law.

dean tachameet

18P e P P e r D I n e L aW

Page 21: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

PePPerDiNe LAw: Growing up, what were your career aspirations?

DeAN TAcHA: at that time, I had never met

a woman lawyer or a woman judge. there

were, of course, very, very, few women in the

profession at the time. I think if I ever had any

aspirations beyond the really traditional ones,

they were probably to teach college or possibly

to become involved in politics.

Both of my parents were college graduates and

they had always encouraged me to go to college,

although not many people in my class did.

When I enrolled at the university of Kansas

there was a dean of women named emily

taylor. she was extraordinarily instrumental in

encouraging women to choose what were then

very nontraditional career paths. Indeed, she

mentored a whole group of us women at the

university, and she was the one who began to

raise my aspirations.

what was the climate of law school like when you arrived at the University of Michigan?

there were very few women in my class. I

would say fewer than 15 in a class of a few

hundred. the late 60s and early 70s were

a period of great change in all of higher

education. the university of Michigan Law

school was no exception. Women and ethnic

minorities sought access, opportunities, and

equity. I always felt that male students and

faculty alike treated me fairly and with respect,

but the climate generally was changing rapidly

for all of us. My memory is that there were no

women on the Michigan faculty at the time,

so there were no female role models as legal

academics.

what important lessons did you take away from law school?

Law school propelled me into thinking much

more analytically and being better able to

understand the viewpoints of others.

It was a time when we were beginning to

understand that we needed to bring more

diversity into all professional schools, law

schools included, so I think that it left me with

a very strong commitment to diversity, a very

strong commitment to understanding that

lawyers and judges must reflect the population

around them.

were there other mentors that you had in law school who impacted your life like emily Taylor did when you were in college?

yes, and one was Grant nelson who is now

on the Pepperdine law faculty. Indeed, he

gets a great deal of credit for my interest

in Pepperdine. He was in his early years of

teaching and taught me constitutional law. He

was very supportive of the women in our class,

and he was also a Midwesterner, so he and I

had a lot of things in common.

the dean of the law school, theodore st.

antoine, a great labor lawyer, was also

quite a friend. then there is the great yale

Kamisar, who was a criminal law professor.

He certainly awakened me to criminal law in

ways that I hadn’t anticipated—in particular to

the constitutional rights of both accused and

incarcerated people.

After law school, you landed a white House Fellowship. what were you thinking about your career at that time?

the White House Fellows program consists of

an education component and an actual job.

My job was special assistant to the secretary

of Labor, James Hodgson. He was involved in

a lot of labor management issues at the time

and personnel issues in big industry. For the

education part, I attended the White House

Fellows class, which introduced me to almost

every leader in all aspects of government, and

the economy, and american culture.

at that point, knowing I was going to be a

lawyer and having been given the opportunity

to perform both legal and administrative work

at the Cabinet level, I became increasingly

interested in the combination of legal practice

and general administration.

19 L aW. P e P P e r D I n e . e D u

I have known Judge tacha for over 40 years. she not only is a brilliant judge, she is a warm and caring human being. I am overjoyed that she has chosen to join us.

grant s. nElson

william H. rehnquist Professor of Law

Devoting more than a quarter century of work to both the public and private sectors, including 25 years of service with the u.s. Court of appeals for the 10th Circuit, Judge tacha has had an exemplary career in advancing the rule of law, as well as helping to improve society as a whole through her legal efforts and community service.

andrEW K. bEnton President

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what makes a good judge?

Intellectual rigor and the willingness to work

hard on issues that you might not know a thing

about until they confront you in a case. I think

also the willingness to stay very, very tightly

constrained to the law, and remove all personal

viewpoints and approaches.

a good judge is one with a lot of human

understanding; you can’t just consider the

theoretical aspects of a case. you have to think

how it plays out in a courtroom, what each case

presents, how the law ends up, and how the

facts end up. the other thing is you can’t agonize

once you’ve done your best work and filed your

decision. you have to move on.

You’ve been a long-time speaker and participant in our annual Byrne Judicial clerkship institute at Pepperdine. what are some of the lessons you impart to your clerks?

We have to stay constrained by the rule of law, which means that judges, and I think lawyers as well, should focus on that case and that case alone, not their own personal self-interest, not their own personal viewpoints, but the moving, thoughtful progress of the law.

and the second thing is to create and enhance an environment of professionalism and ethics and civility—the “tone” of the law if you will. the public has to trust us, and they will only trust us if we listen to them, if they feel that we are telling the truth in a civil and a respectful way, and that we have the best interest—the

common good—as our goal.

the other thing that I’ve tried to teach my law

clerks is that every lawyer, every judge, indeed

After the white House Fellowship, what was your next move?

I ended my fellowship year in 1972 and I stayed at the Labor Department through the elections of 1972, which were the elections of nixon’s second term. then I decided after the election to go into private practice at what was then Hogan & Hartson in Washington, D.C. then I decided to return to Kansas to marry my husband. My husband was a high school basketball coach in Concordia, Kansas. I moved there and practiced with literally just one office shared with one other lawyer in that town. I was not only the first and only woman lawyer, I was the first and only for several years after that. We only stayed there for another few months because then I got the opportunity to come onto the university of Kansas school of Law faculty in the fall of 1974.

what were some of your biggest takeaways from that teaching experience?

I began both teaching and being director of the legal aid clinic, so my first job at the law school was teaching property, administrative law, and running the legal aid clinic. It cemented what I already knew, that I really loved legal education.

I also became—I think it’s fair to say—fully

committed to trying to promote excellence

in higher education. and I loved the legal aid

clinic, and clinics generally, as a good model

of legal education.

And then you were nominated by President ronald reagan to be a judge. How did your judgeship come to be?

every judge has a different story. My

family had always been involved in

politics and were very good friends

of Bob Dole and nancy Kassebaum,

who were our senators at the

time. and they both—Bob Dole in

particular—encouraged me. and I

actually resisted because I had just

had our youngest child, and I was

at that time vice chancellor of the

university, and I loved my job. I

had four children by that time so it

was not an easy sell to get me to be

interested. I thought I would stay

in higher education, but I began to

think about it and began to consider

it. My name went forward, and the

rest is history.

20P e P P e r D I n e L aW

With Deanell reece tacha as its new dean, Pepperdine has gained a distinguished jurist with a wealth of academic experience and demonstrated commitment to legal education. It bodes well for our continued advancement into the top tier of american law schools.

EdWard j. larson University Professor and Hugh and Hazel Darling chair in Law

Judge Tacha speaks with sandra Day O’connor, retired associate justice of the U.s. supreme court.

Judge Tacha with U.s. supreme court chief Justice John roberts and Lord Nicholas Phillips, president of the supreme court of the United Kingdom.

Page 23: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

every human being—needs a well-rounded life.

One cannot let one’s professional aspirations

overcome or overshadow the totality of one’s

personality, so I’ve always encouraged my law

clerks to do things outside of work—whether

with their family, their faith, their community,

or with anything else that interests them.

Tell us about your ties to the early days of Pepperdine.

My path and Pepperdine’s seem to have crossed

many times. I knew of Bill Banowsky, an early

founder of the Malibu campus, while I was in

Washington, and his aspirations for the school

made an impact on me. President reagan and

President nixon were both committed to the

idea of Pepperdine as an institution, so I knew

about it early on.

and then of course, Grant nelson taught me

and ultimately ended up at Pepperdine, and

I taught David Davenport when he was at the

university of Kansas school of Law and then of

course he went on to be president there. andy

Benton grew up in Lawrence, Kansas, where we

lived. Finally, Ken starr and I have been very

close friends since he and I were appointed to

the bench. so it’s been a crisscross of interests

for a long time.

what compelled you to take this post?

I’ve had a long and really rewarding career in

the judiciary, but this is an opportunity to go

back to legal education at this particular time

in history. I thought, “I’d like to be involved

in what is quite an important time for legal

education.”

what is your vision for Pepperdine?

to make sure it’s an outstanding educational

experience for every student. that has to be

at the top of the list. and that includes such

things as developing their intellectual potential,

developing skills, providing them with mentors

and good advice, and working with them to find

the best and most appropriate employment

opportunities.

I also want to be sure that it’s a great

environment for faculty scholarship and great

teaching. there are wonderful faculty members,

many with national reputations at Pepperdine,

and it seems to me that one of the main jobs of

the dean is to make it possible for them to do

what they love to do.

It is terribly important to continue to build the

financial base for this school. Ken starr did

a marvelous job—in fact all prior deans have

done a marvelous job at that—but with tuition

at the level that it is, and the job market as

difficult as it is, trying to find resources for

student support and for faculty support is very

important.

and though the next one would be not as

important for the school as the first three, I

think we need to do some hard looking at the

building. It served its purpose so well when

it was built, and was indeed a model when it

was built, but that was quite a few years ago. I

have been in literally hundreds of law school

buildings around the country and seen the

difference that it can make when you have a

state-of-the-art building. now we don’t want to

leave our location by any means, but I do think

there are many things that can be done within

the existing footprint.

21 L aW. P e P P e r D I n e . e D u

not only is she a respected jurist and legal scholar, she is experienced in academic administration having served as the chief academic officer of a major american university. Pepperdine is fortunate Judge tacha has agreed to commit her energy, enthusiasm, and intellect to our university.

darryl tippEns Provost

Judge tacha provides the school of Law with vibrant leadership, energy, and years of valuable experience—both in the academy and through her distinguished public service. she not only deeply understands both the legal profession and the judiciary specifically, she also understands the profound needs of legal education in the 21st century. Judge tacha brings to Pepperdine her vast knowledge, outstanding judicial experience, and close relationships within the legal community throughout the nation. Her creativity and excitement for this new calling will greatly serve and enrich our beloved school of Law and the entire university. KEn starr President of Baylor University

Judge Tacha gave the commencement address at Pepperdine in 2000.

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Law schools’ next Big

ChallengeBy deanell reece Tacha

CreatInG LaWyer-PatrIOts

22P e P P e r D I n e L aW

f a c u l t y E s s a y

Page 25: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

23 L aW. P e P P e r D I n e . e D u

This memorial day marked my last day as a federal judge.

it has been the highest privilege of my life to serve for 25 years as a

judge on the 10th u.s. circuit court of appeals. the federal and state

judges with whom i have worked bring to their positions the highest

level of intellect, integrity, and committed sense of purpose. they

are, in short, dedicated patriots who fight to preserve the rule of law

for this nation and who model an independent judiciary respected

throughout the world.

i leave my chambers for academic life as dean of the school of law

at pepperdine university. in my career as a judge, i enjoyed an ideal

“bench” from which to observe lawyers and the legal profession. that

perspective, as well as my previous experience in academia, inspired

and impelled me to examine the future role of legal education. how

should lawyers be trained so that they are fully equipped to serve the

profession, the nation, and the larger society in the years ahead?

i firmly believe, both as a matter of history and in a personal sense,

that we lawyers are called to be working models of the rule of law as it

plays out on the highways and byways of everyday life. We are not just

adversaries in contentious matters. We cannot simply be advocates

on behalf of the causes that pay. We do not do justice if we separate

our work as lawyers from our human values and important ethical

responsibilities.

as i recall the many “judge-patriots” i have known as colleagues, i

ask myself whether all lawyers, no matter where they work, should

be trained in part to be “lawyer-patriots.” there are extraordinary

lawyers around the globe who shine as patriots for the rule of law

in humble, even hostile, everyday places. however, my anecdotal

observation is that we lawyers need to reclaim our sense of a noble

professional calling.

it was, after all, predominantly lawyers who, during the revolutionary

and constitutional periods, clung tenaciously to the startlingly idealistic

notion that the people themselves are sovereign. those lawyer-

patriots used their advocacy skills—both written and oral—to carve

out a new nation built on that ideal. as our fledgling democracy grew

and faced difficult questions of how to remain united, another lawyer

took the stage, using his oratorical skills to inspire and safeguard the

country. later, in a famous case involving an elementary school in my

native Kansas, lawyers helped change the course of american public

education. none of these lawyers’ compensation came close to the

value of their work in furthering equal justice and the rule of law.

the point is clear: being a lawyer is much, much more than having a

job. What is this professional calling that i espouse? Who, exactly, is

a lawyer-patriot? there are many manifestations of these ideals. first

and foremost, it is a calling and a commitment to return to all forms

of public service. much of the history of this nation is marked by the

work of lawyers in elective office, on volunteer committees, and in

leadership positions in business and industry. lawyers are trained to

be problem solvers and could bring those essential skills to the school

boards, city commissions, nonprofit groups, and legislative halls of the

nation. Every issue under consideration at all levels of government

cries out for civil debate, thoughtful and informed advocacy, and a

real commitment to the common good.

let me explain: this nation suffers mightily from a “my-way-or-the-

highway” approach to policy issues. We often fail to comprehend the

complexity of problems and the ramifications of any single “solution.”

We rely on sound bytes rather than develop a comprehensive

knowledge of the subject at hand. lawyers with strong problem-

solving and dispute-resolution skills could elevate considerably the

quality and tenor of public discourse.

thus, if we lawyers are to

respond to this calling, we

must model civil discourse in

a cacophonous culture—using

every skill we have learned

as lawyers—to focus the local,

state, and national attention

on relevant facts, complex

considerations, and respect-

ful debate. it is what lawyers

should be doing—both in their

day jobs and in their communi-

ties, families, and public lives.

What a difference the legal

profession could make if we

joined together in this noble

endeavor! i am convinced that

a reenergizing of the model

of the lawyer-patriot would

inspire the public to believe

more in the fairness of the

courts, government, and deci-

sion-making everywhere.

because i see the ideal lawyer

as a patriot, and because we

live in a time when patriots are so sorely needed, i am returning to

legal education. there, i will join those who must find answers to the

difficult questions of who the lawyers of the future should be, what

skills they must master, and how we might pave the road to achieve

our shared purpose.

i am excited by the prospect of creating lawyer-patriots who will bring

the full measure of their talents, intellects, ethical construct, and values

to the legal profession and to the public arena. indeed, we should all

recommit ourselves to the model of the patriot, whatever form that might

take. you might call me naive. you might call me a hopeless optimist

or an insufferable idealist. but please call me a lawyer-patriot.

originally published in the Daily Journal on may 17.

…we lawyers…must

model civil discourse

in a cacophonous

culture—using every

skill we have learned

as lawyers—to focus

the local, state, and

national attention on

relevant facts, complex

considerations, and

respectful debate.

—Deanell reece Tacha

Page 26: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

by sarah Fisher

24P e P P e r D I n e L aW

“i couldn’t sleep that night,” recalls david

boatwright (jd ’81) of the first time he met

the children at the monarch school in

downtown san diego, california. What began

as a casual working lunch in 2000 turned

out to be an introduction to a school for

homeless children, signaling a new phase of

his professional life.

of counsel to the procopio law firm in

san diego, boatwright was introduced to

the school by his client, julie dillon, a

board member of the monarch school. as

they ate lunch and occasionally glanced

at the children playing in a courtyard

outside, dillon mentioned that they were

all homeless. the children were all so well

presented that boatwright had a difficult time

believing her until the principal of the school

suddenly appeared at their table.

“i was being set up!” boatwright recalls.

“Within five minutes, the principal was taking

me on a tour, and i met the kids and sat

in the classrooms.” the very next morning

boatwright called monarch school and

offered to be involved in any way needed.

ten years later, he has been a decade-long

member of the board of directors, was

president of the board for two years, and

provides pro bono legal work for the school.

the school provides accredited education

to approximately 160 homeless and at-risk

children ages 4 to 19 through a team of

teachers, administrators, and volunteers with

a budget half-funded by the state and half-

funded through the monarch school project,

a nonprofit support organization. founded in

1987 as the p.l.a.c.E. (progressive learning

alternative for children’s Education) as a

drop-in center and “place to get kids off the

streets,” the school now provides for the

children’s basic needs with food, clothing,

counseling, tutoring, healthcare, and support

programs that keep students at school until

the shelters open at 6:30 p.m.

beyond changing the lives of its students,

the monarch school is notable for another

reason. “it’s actually illegal for us to do

what we do in most of the united states,”

boatwright states.

heirs to an education

david boatWright

helps san diego’s youth

reach their potential at

the monarch school for

homeless children.

Page 27: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

L aW. P e P P e r D I n e . e D u

he goes on to explain that public

schools catering exclusively to homeless

children—who are defined by federal law as

living either on the streets, in a shelter, or

in a single room occupancy—were banned

across america as part of the 2001 no child

left behind act, except in one county in

arizona and three california counties: san

diego, san joaquin, and orange.

“someone convinced legislative staffers

that going to a ‘homeless’ school would

be stigmatizing for children. but we know

that the opposite is true. here they don’t

feel judged, they feel comfortable; they

come here because they know the only way

to break the cycle of homelessness and

poverty is to get an education.”

as a nationally renowned lawyer

who has been recognized for seven

straight years by Best Lawyers in America

(Woodward/White inc.), boatwright is primed

and ready to take the issue back to congress

to make a difference for homeless children

on a national scale.

“i’d like the law changed yesterday,” he

asserts. “however, we’ve got to be smart

because timing is everything. right now, the

legislature in Washington, d.c. is not focused

on no child left behind. When it starts

getting attention again, we have to be on our

game 100 percent.”

to achieve that state of readiness,

boatwright and his colleagues at monarch

school work tirelessly to prove that the

children who pass through the school—

often for just months at a time due to the

transitory nature of their family lives—leave

with a better chance for success than when

they enrolled. among the many accolades

monarch can boast: founder sandra

mcbrayer was chosen as united states

teacher of the year in 1994; teacher stephen

Keiley was named san diego’s teacher of

the year last year; measure of academic

progress tests show that students on average

advance one grade level for each six months

they are enrolled at monarch, despite

typically entering three grade levels behind

mainstream-educated children in their

age brackets; and in 2008, the san diego

county grand jury issued a glowing report

about their work titled “hope for homeless

children—an Educational success.”

“the report basically said that what we

do is working and asked why programs

like ours aren’t being implemented

across the country.” While a grand jury

investigation may sound intimidating,

boatwright remembers the process as a

proud affirmation of his work. “We knew it

was going well when the grand jury finished

interviewing our principal and one of the

jury members was so moved that they

handed us a $5,000 check to continue our

work.”

this april, he had his first opportunity to

bring the issue to the attention of lawmakers

during a roundtable discussion in san diego

about the state of public education with u.s.

secretary of Education arne duncan and

congressman duncan hunter, chair of the

Education subcommittee. teacher Keiley

described his award-winning role at school

as “the best gig in town.”

secretary duncan left the roundtable

with a vow to tour the facility and

summarized what he had heard as exactly

the kind of program that should be

rolled out across the country instead of

legislated against. a defining point of this

momentous first meeting emerged when

duncan was understandably moved by

Keiley’s description of seeing one of his

students, “c,” scramble out of park bushes

one morning with her mother and sister

after sprinklers turned on; Keiley added

that “c’s” scores improved on all state-

administered tests.

heirs to an education

25

Page 28: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

26P e P P e r D I n e L aW

in his decade with the school, boatwright

has seen a great many examples of children

triumphing over their circumstances; he

remembers one second-grade student

stopping him on a tour of the school to ask

if he would listen to her read. “so i go over

and sit down and she starts to read to me.

meanwhile, her friend is watching her as she

says, ‘the crooked crocodile and the angry

alligator.’ her friend looked up at me and

just said, ‘that’s alliteration.’”

of the many things that he does at

monarch school, he says that helping to

develop the means of testing students’

progress, and seeing the results of that

progress over time, is “one of the most

rewarding things” about his involvement.

he iterates that almost 100 percent of the

students who stay at monarch long enough

to graduate will go on to attend college, with

support from their alma mater that includes

financial assistance, counseling, and tutorial

and technological support. he also notes that

after graduating college, or jumping straight

into the workforce, many alumni return to

the school to “pay it forward” to another

generation of children in need.

he remembers “s,” who graduated with

his high school diploma despite a shockingly

neglectful upbringing.

“he came to us in high school absolutely

illiterate, but he was the nicest young

guy and graduated about six years ago,”

boatwright recalls. “flash forward a few

years, and i’m walking through the courtyard

of the school and i see a huge human being

walking through in slacks and tie. it was one

of the san diego chargers, walking with ‘s.’”

“s” was the manager of a smoothie branch

and had organized a campaign within his

company that this charger would match

every dollar donated to his former school.

“none of us knew he was doing this. he just

came down one day and presented this gift

to us.”

during his time at his own alma mater,

boatwright was a member of the Pepperdine

Law review. two of his four children

attended pepperdine’s seaver college—and

all have volunteered many hours of their

time at the san diego school that is such a

big part of boatwright’s life. having earned

a bachelor’s degree in accounting from

northern arizona university before arriving

at the school of law, it’s not surprising that

he ventured into financial territory as a legal

professional; he is a transactional business

and tax lawyer specializing in mergers and

acquisitions and joint ventures.

today, he serves on the board of visitors

at the school of law and, as of 2007, is

retired from the partnership of latham &

Watkins. his prolific background in finance

and law, however, will continue to be

utilized for monarch school, including what

he calls one of his primary responsibilities:

securing a new campus to accommodate

a larger portion of san diego’s 13,000+

homeless children population. the new

campus will upgrade monarch from its

current 15,000 square feet of property to a

100,000-square-foot lot, resplendent with

state of the art classrooms, laboratories,

sports facilities, and playgrounds.

the move will be a culmination of 10

years of dedication from boatwright to the

mission that took hold of his heart on that

fateful day after lunch with julie dillon, and

he yearns for the time when that work will

pay off even further to educate, support, and

transform countless more children. “When

you see these children healthy, and really

taken care of, you light up inside,” he says.

“this is an absolute labor of love.”

intEgratEd valuEs

We knew it

was going well

when the grand

jury finished

interviewing our

principal and

one of the jury

members was so

moved that they

handed us a $5,000

check to continue

our work.

—david boatwright

Page 29: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

by Gareen Darakjian

27 L aW. P e P P e r D I n e . e D u

“my parents always emphasized the

importance of being great contributors

to society,” says deborah hong (jd ’97), a

partner at philadelphia-based stradley ronon

stevens & young.

for the corporate lawyer and second-

generation Korean american, many of her

contributions take place away from her desk

and closer to her community.

hong first began thinking about a career

in corporate law as a teenager, when she

recognized that some of the core attributes

of the practice of law, such as effective

negotiation and advocacy, were some of

her inherent traits. she landed an in-house

legal stint at chevron during law school and

moved to philadelphia after graduation to

pursue corporate law private practice at

stradley ronon.

in achieving career success, hong did not

forget the lessons her parents taught her and

her three sisters growing up. she became

an advocate and spokesperson for asian

american attorneys. “it is critical that we

collaborate in efforts to find better and more

effective means to advocate and support

minority participation and retention in the

legal profession,” she says.

in 2008 she was appointed to the board

of trustees of the center for literacy in

philadelphia, where she collaborates

in finding funding opportunities and

providing strategic input. “their English

as a second language (Esl) program in the

asian community and the work they do

is something that appealed to me,” she

explains. “it is commendable that these

individuals have had some adversity or just

been victims of our system, and have taken

the initiative to help themselves.”

hong was also elected the 2010 president

of the apaba-pa, the asian pacific american

bar association of pennsylvania, a statewide

chapter of a national organization dedicated

to the advancement of asian american

attorneys admitted or practicing in the

state. “minorities in the legal field are still

underrepresented,” she observes. Whatever

the cause, hong maintains, “there needs

to be continued support of institutional

and organizational efforts to support

advancement of asian lawyers in the field.”

she also dedicates time to the morebank

advisory committee on asian american

affairs, where she works to further close

the gap on generational and ethnic divides

among asians.

beyond raising awareness of local

ethnic issues, hong says her efforts have

added value to her professional life and

“given me many opportunities to listen

and build consensus and collaborate with

people to achieve a common goal.” prior

to her involvement, she admits, “you’re

only advocating one position on behalf of

your client. learning to be a leader of an

organization with diverse viewpoints is

challenging, but working with the team was a

tremendously rewarding experience for me.”

though hong credits good training in

helping build her leadership skills, she

also emphasizes taking initiative and being

eager to explore and educate oneself. “What

it takes to be a good lawyer is both the

experience and opportunity to do the work

that will help develop your expertise; to be

able to provide practical problem solving

that’s valuable and usable to the client.”

speaking to current law students preparing

to enter the legal field, hong recommends

taking an active stance in their careers

and advises, “don’t be afraid to speak

up,” demonstrating the conviction that no

doubt catapulted her from a school of law

classroom to the forefront of her community.

“don’t wait too long to realize you have a

seat at the table.”

“it is critical that we collaborate in efforts to find better and more effective means to advocate and support minority participation and retention in the legal profession.”

alumna

dEborah hong rEprEsEnts

asian amErican

attornEys

as a lEadEr

in hEr

community.

intEgratEd valuEs

Page 30: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

chiEf advisEralumnus jEff boyd serves as general counsel in the office of the governor of texas.

by samantha troup

28P e P P e r D I n e L aW

Page 31: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

in his new post as general counsel

to texas governor rick perry,

alumnus jeffrey s. boyd (jd ’91) deals

with matters of life and death. one

of his many tasks as general counsel

is to advise the governor on all

executions in the state of texas. With

so much at stake, boyd evaluates

each case and presents his findings

to the governor who can then make

an informed decision on whether

to delay the execution or grant

clemency in spite of the jury’s capital

punishment conviction.

“We review each file very carefully,” says

boyd of the process he and his team of six

assistant general counsels undertake. since

boyd took office in january, he has already

been presented with this difficult situation

three times. the state went through with two

executions while another case was

stayed twice.

in addition to the death penalty

cases, boyd advises the governor on

a range of different issues, including

pending legislation. “my job is to

make sure that the governor and

others who work for him have the

best legal advice to make the difficult

policy decisions,” he explains. “the

governor is a politician in the sense

of being a policy maker. he has a lot

of influence on the policy decisions

that the legislature is currently

making in session, and all the policy

choices involve legal issues.”

boyd got the call from governor

rick perry in december, while

practicing as a senior partner at

thompson & Knight llp. “When the governor

calls you and asks you to do something

like this, you can’t say no,” he says, before

referring to his previous foray into public

service as deputy attorney general for civil

litigation for then-attorney general (now u.s.

senator) john cornyn.

“i enjoyed being involved in these exciting

and important issues when i worked for

general cornyn, so there was that part of me

that just wanted to do it.”

boyd took his post as general counsel

just one week before the legislative session

began. the texas legislature meets for

140 days every other year, so boyd hit the

ground running. he says, “there are a lot

of new issues and topics in this office that

i’ve never had to address before, so that has

been a challenge that i’ve had to come up to

speed on.”

fortunately, boyd’s strengths play to this

work, which is something he learned back in

law school at pepperdine. “law school was

really interesting because i was able to use

my brains and skills as if that was what they

were made for,” he reflects.

a nontraditional law student, boyd had a

desire to help others early on. he worked

as a youth and family minister in texas for

five years after graduating from abilene

christian university in 1983. When he felt

pulled toward the legal field, he and his

wife jackie moved to california so he could

attend pepperdine. “pepperdine was the

place where i really found that my calling

was in the law,” boyd remembers of the

environment and relationships forged with

professors.

immediately after law school, he clerked

for judge thomas reavley on the u.s. fifth

circuit court of appeals. he began his career

at thompson & Knight llp in 1992, where he

transitioned to helping others in a different

way. in addition to his work at the firm, boyd

served as president and board member of

volunteer legal services of central texas

and as chair and board member of goodwill

industries of central texas. “once i got out

of law school and was making money, i still

felt like it was important to give back and

that i need to do things to contribute to my

community,” he explains.

Where his career will take him from here

remains to be seen, but today, boyd’s main

concern is serving the governor and the

people of texas to best of his ability. he

concludes, “my goal is to make sure that the

governor has the best legal advice on which

to base his decisions.”

29 L aW. P e P P e r D I n e . e D u

when the governor

calls you and asks you to

do something like this, you can’t say no. i enjoyed being

involved in these exciting and important

issues when i worked [in the attorney

general’s office] so there was

that part of me that just wanted

to do it.

Page 32: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

after a track record of taking on hmos and winning

advocates for the victims of the deadliest accident

in metrolink’s history.

on septemBeR 12, 2008,

metrolink train no. 111 rammed head-on into a union pacific freight train in chatsworth,

california. twenty-five people were killed and more than

135 were injured. the official investigation showed that the

train engineer, who had failed to stop at a red signal, was sending and receiving text

messages at the time of the tragic crash.

fifteen-year-old mackenzie souser was

one of the many who lost loved ones

in the accident. “i am simply not a normal

teenager anymore without my dad,” she

said at a congressional subcommittee

hearing in march. the sousers are among

the 14 plaintiffs in the metrolink case

represented by mark (jd ’88) and michelle

hiepler (jd ’89).

the hieplers were contacted by many of

the victims of the crash and quickly decided

to take on their cases. after being elected to

serve on the steering committee for those

bringing claims in the case, the hieplers

took several of their clients to Washington,

d.c., to testify before congress. they asked

congress to raise the amount of damages that

train crash victims are allowed to receive

under federal law. liability payouts for a

single train crash are capped at $200 million

currently.

“many people don’t understand large

damages,” says mark. “the judge is going

to put what he believes the real number is

on the cases. added up, it’s going to exceed

the cap on the case. someone who needs

three brain surgeries is only going to get the

money for one. the family who faces lost

mark hiepler

by emily DiFrisco

30P e P P e r D I n e L aW

Page 33: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

earnings from dad over

the next 16 years may

only get a portion.”

despite having 20

cosponsors, the bill is

still pending in congress

and faces an uncertain

future because of

its regional nature.

congressman Elton

gallegly of ventura and

santa barbara counties

met with the clients and

invited the heads of

veolia transportation,

the french company that supplied the

engineers for metrolink, to join the meeting.

“this might be the first time ever in a mass

tort where the people who were injured or

lost a loved one got to see and confront the

executives of the company,” says mark. “it’s

a moving, dramatic moment to see a 14-year

old confronting the cEo of the company

that caused her dad’s death. and then there

are those who were tragically injured. We

have one client who was near retirement

who has a severe brain injury. her life was

changed in a moment in what was such a

preventable accident.”

mark points to “systemic flaws” in the way

veolia ran operations. When the national

transportation safety board investigated,

they found that the engineer was a

habitual rule violator and texter. “there

are accidents, and then there are things

that are so preventable and foreseeable.

you think of all these lives that would be

back to normal if this engineer had been

disciplined appropriately or followed up on

appropriately.”

the hieplers’ personal

history makes them

uniquely qualified to take

on these cases. their jury

verdicts have been record-

setting, beginning with the

$89.3 million dollar bad

faith verdict on behalf of

mark’s late sister, nelene,

who was denied a bone

marrow transplant by

her hmo. “i think a lot

of people identify with

us when they know the

history,” mark observes.

“other than a child or a

spouse, i lost one of the

closest people in my life.

i lived with her during

law school, and she was

my biggest supporter and

cheerleader. We took on

something that was more

than a case and we tried

to make it a cause.”

nelene’s case was a massive undertaking

for mark and michelle, and the jury verdict

opened the door to legislative change.

“i was invited to and testified in front of

the senate judiciary committee, house

committees, and state committees, and her

case caused 10 or 12 state and federal laws to

be changed,” mark explains. “the real joy we

receive is trying to make a long-term change

either legislatively or through the company

changing the way that they do business. that

is the ultimate goal in any of these cases.”

mark’s work for clients is only one way

he seeks to bring about positive change.

because of his impressive record of

service to the community, mark received

the 2010 ben E. nordman award from the

ventura county bar association. professor

bob cochran, who taught torts to mark,

attended the event and commented, “this

award is given ‘to recognize outstanding

contributions made by a lawyer to his or

her community by means of community,

charitable, or other public service activities.’

mark is all about public service. his practice,

representing people who have had difficulty

getting medical coverage, is a public service

in itself. his practice has changed the way

that health insurance companies do business.

i am confident that many people in the

united states receive better health care

because of mark’s cases.”

“i owe the privilege of practicing law

to pepperdine,” says mark, who currently

serves on the school’s board of visitors.

“i’m blessed to be practicing because so

many individuals took an interest in a young

struggling law student.”

mark and michelle met at pepperdine,

where both made lasting friendships with

members of the faculty and galvanized their

commitment to serving the community.

after graduation, mark went to work for an

insurance defense firm doing the opposite

of what he does now, and michelle became

in-house counsel at pepperdine.

michelle, who currently serves on

pepperdine’s board of regents, remembers

the advice of then-president david

davenport. “he talked about the importance

of impacting the next 100 years,” she

says. “at first glance that seemed nearly

impossible, but he really challenged me

to think about leaving a thumbprint.

that inspired me towards that give back

philosophy.”

in 1994 after the verdict in nelene’s case,

they formed hiepler and hiepler. as they

field the new case calls the firm receives,

mark and michelle try to keep the big picture

in mind—finding the causes within the case.

“Whether it’s the hmo industry or the

transportation industry, we learn how it

works, why it failed, and then ultimately

how to prevent it from happening again,”

mark concludes. “it might just be through

one case or verdict, but a lot of times there

is a legislative connection to it, and we

try to change things so the tragedy doesn’t

happen again.”

this might be the first time ever in a mass tort where the people who were injured or lost a loved one got to see and confront the executives of the company.

—mark hiepler

31 L aW. P e P P e r D I n e . e D u

Page 34: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

in fall 2008, four students rolled onto

campus and into apartment f33 at the

george page residential complex across

from the law school. f33 brought together

first-years blake Edwards, samuel green,

charles cannizzarro, and William glaser—a

unique mix of personalities, each hailing

from different states and each in different

stages of life.

green had graduated from college early

and was only 19 when he moved into f33,

while cannizzarro had worked after college

at World vision international and was

already 24. three had found each other

on a visit to campus and requested to live

together while one did not select anyone

on his housing application and had no idea

who he would be rooming with. despite

their differences, the four students got along

famously and encouraged each other in their

studies—becoming leaders on campus and

graduating with accolades. Each will go on to

judicial clerkships this fall.

cannizzarro remembers their time in

f33 fondly. “Everyone always had some

great joke or story from class to tell,” says

cannizzarro, who was the president of

the federalist society on campus. “Even

though we enjoyed living together, we all

have somewhat different personalities. our

strengths and weaknesses complemented

each other really well, though, and i think

we ended up sharpening one another in

terms of our personalities and in terms of

our legal abilities.”

their competitive natures also brought

them together. “We all came into law school

with the intent to work hard, and we all

are pretty disciplined with our time, but the

A Taleby samantha troup

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effect was just compounded when we were

all in the same apartment,” says glaser, who

graduated salutatorian and was a highly

decorated appellate advocate during law

school. glaser, who grew up in scio, oregon,

will be a clerk to judge bobby r. baldock

on the 10th circuit court of appeals in new

mexico. “just seeing the other three guys

working hard and mastering the material

spurred me on to work harder.”

green, who finished first in the class, was

impressed with his roommates from the

beginning. “i definitely expected them to

go do great things,” he reflects. “i was just

amazed by how brilliant, dedicated, and

adept they were in so many facets of life.”

growing up homeschooled with his siblings

in lancaster, in the californian desert, green

will move out of california for the first time

when he starts his clerkship with justice

raymond gruender of the Eighth circuit

court of appeals in st. louis, missouri.

“i’m looking forward to developing a

relationship with judge gruender,” explains

green. “i think that educationally it should

be a really terrific experience because i’ll

be exposed to so many different styles and

get a better understanding of the internal

functions of the court. it is rather daunting

though because you’re playing a role in

establishing law that will govern many states

unless it’s overturned.”

“first year was a trial by fire,” reflects

Edwards. “living with the three of them

helped set the bar for law school for me.”

in addition to academic achievements,

Edwards served as editor-in-chief of the

Pepperdine Law review, helped organize the

university’s veritas forum during his second

and third years, and led a men’s bible study.

Edwards’ many accomplishments helped

him land a clerkship with judge Emilio m.

garza on the fifth circuit court of appeals in

san antonio, texas. “judge garza is a giant

in his own right, so it’s going to be an honor

to be able to study under him for a year,” he

says. he’s also excited to move closer to his

hometown in arkansas.

as the four head out to different states,

they look forward to the next chapter. glaser

is excited to dig into the law. “often the

supreme court and the federal appellate

courts have woven a complex web of

precedent, and it takes careful research and

analysis to reach the correct result in a given

case,” he says. “i am looking forward to the

satisfaction of helping the judge find those

answers.”

cannizzarro, who will clerk for justice

james m. johnson on the Washington

supreme court, looks forwards to developing

a good working relationship with the

justice. “it will be a real honor to learn from

everything he has to offer. the experience

will give me a better perspective on the

litigation process in general and specifically

on the nature of appellate litigation. the

Washington supreme court has the final say

on matters of Washington state law, and it

is an incredible responsibility to be helping

justice johnson get the law right in each and

every case.”

three years later, the residents of

apartment f33 are ready to make their mark

on the legal profession.

four law students who lived together as first-years spurred each other on to success. from left: Will glaser, samuel green, blake Edwards, and charles cannizzarro

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roger P. Alford

Apportioning Responsibility Among Joint Tortfeasors For

International Law Violations, 38 PePP. L. Rev. 233 (2011).

robert Anderson iV

Law, Fact, and Discretion in the Federal Courts: An

Empirical Study, 2012 Utah L. Rev. (forthcoming).

Babette e. Boliek

Regulation Versus Antitrust: How Net Neutrality Is

Defining the Boundaries, Md. L. Rev. (forthcoming).

boliek will be a speaker at the southeastern association

of law schools conference on “the law of disaster” (july

2011), and spoke on “net neutrality and international

law” at albany law school (april 2011).

H. Mitchell caldwell

Kafka in the Docket: Coercive Plea Bargaining, The

Unrecognized Scourge of the Justice System, 61 Cath.

U. L. Rev. 829 (2011).

Counting Victims and Multiplying Counts: Business

Robbery, Faux Victims, and Draconian Punishment (with jennifer

allison), 46 Idaho L. Rev. 647 (2010).

CRIMInaL MoCk tRIaLs (vandeplas forthcoming).

CRIMInaL PRetRIaL advoCaCy (vandeplas forthcoming).

Donald e. childress iii

Comity as Conflict: Resituating

International Comity as Conflict of

Laws, 44 U.C. davIs L. Rev. 1 (2010).

The Alien Tort Statute, Federalism,

and the Next Wave of International Law Litigation,

100 Geo. L.J. (forthcoming).

When Erie Goes International, 105 nw. U. L. Rev. (forthcoming).

robert F. cochran, Jr.

Christianity and Law: An Introduction, 25 J.L. &

ReLIGIon 249 (2010).

Legal Ethics and Collaborative Practice Ethics, 38

hofstRa L. Rev. 537 (2010).

cochran will speak on “the christian responsibility for social justice:

theory and practice” at the fifth international conference on

christian higher Education and scholarship at baekseok university,

Korea (june 25, 2011).

Jack J. coe, Jr.

Bilateral Investment Treaties to Which the United

States Is a Party, in InvestMent tReatIes (oxford univ.

press, forthcoming).

Chapters 1 and 5 (first tentative draft), in RestateMent

of the Law (thIRd) InteRnatIonaL CoMMeRCIaL aRbItRatIon (ali 2010).

Chapter 4, in RestateMent of the Law (thIRd) InteRnatIonaL CoMMeRCIaL

aRbItRatIon (ali forthcoming).

coe was reappointed as liaison to the aba section international law,

american law institute, in 2011. he was appointed to the Executive

committee of the southwestern institute for international and

comparative law, center for american and international law, and to

the ad hoc drafting committee for investor-state mediation rules,

international bar association (iba) as well.

richard L. cupp, Jr.

cupp was appointed to the planning committee for

a meeting of the institute of medicine’s forum on

neuroscience and the national academy of sciences

committee on science, technology, and law; the

meeting, regarding the future of animal research

regulation in the u.s. and Europe, will be held in london, England, in

july 2011.

justice breyer cited cupp’s article, “rethinking conscious design

liability for prescription drugs: the Restatement (Third) standard

versus a negligence approach,” in his concurring opinion in

Bruesewitz v. Wyeth (feb. 22, 2011).

selina K. Farrell and Nancy L. N. McGinnis

UndeRstandInG LeGaL CItatIon: the bLUebook

Made easy (West forthcoming 2011).

34P e P P e r D I n e L aW 34P e P P e r D I n e L aW

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James Allan Gash

The End of an Era: The Supreme Court (Finally) Butts

Out of Punitive Damages for Good, 63 fLa. L. Rev. 525

(forthcoming).

christine chambers Goodman

exaMPLes and exPLanatIons: CaLIfoRnIa

evIdenCe (Wolters Kluwer 2010).

goodman spoke at the Western

regional conference of the national

black law students’ association in las vegas, nevada,

on “success after law school” (january 22, 2011).

Naomi Harlin Goodno

How Public Schools Can Constitutionally Halt

Cyberbullying: A Model Cyberbullying Policy,

wake foRest L.Rev. (forthcoming).

Global Criminal Prosecutions: Should Criminal Laws

Follow U.S. Citizens Overseas? (forthcoming).

California “Three Strikes” Law Alleviates Crime, in MandatoRy MInIMUM

sentenCInG (2010).

colleen P. Graffy

Is the Atlantic Getting Wider? The Relationship

between the EU, its Member States and the United

States, InstItUte of ConteMPoRaRy eURoPean stUdIes

(forthcoming).

graffy has facilitated several interviews with BBC Newsnight TV on

the relationship between the Eu and the united states. she was a

panelist and speaker on the topic, “is the atlantic getting Wider?

the relationship between the Eu, its member states and the united

states,” at a conference at regent college’s institute of contemporary

European studies (november 9, 2010).

Michael A. Helfand

Fighting for the Debtor’s Soul: Regulating Religious

Commercial Conduct, 19 Geo. Mason L. Rev.

(forthcoming).

Religious Arbitration and the New Multiculturalism:

Negotiating Conflicting Legal Orders, 86 n.y.U. L. Rev. (forthcoming).

Bernard James

SROs, Safe Schools, and the Interagency Agreement,

nasRo J. sCh. safety, spring 2010.

Douglas w. Kmiec

The Constitution as a Reflection of Human Nature, in

what shoULd ConstItUtIons do? (Ellen frankel paul, fred

d. miller, jr., & jeffrey paul eds., forthcoming).

Kristine s. Knaplund

Synthetic Cells, Synthetic Life, and Inheritance, vaL.

U. L. Rev. (forthcoming).

Knaplund serves as cochair of the aba committee

on bioethics and as a member of the aba continuing

legal Education committee in the sections for real property, probate,

and trust law. she recently joined the board of directors of the

california supreme court historical society.

edward J. Larson

Public Science for a Global Empire:

The British Quest for the South

Magnetic Pole, 102 isis 1 (2011).

an eMPIRe of ICe: sCott, shaCkLeton, and

the heRoIC aGe of antaRCtIC sCIenCe (yale

university press 2011).

Barry P. McDonald

The Emerging Oversimplification of the Government

Speech Doctrine: From Substantive Content to a

“Jurisprudence of Labels,” 2010 byU L. Rev. 2071 (2010).

Gregory s. McNeal

A Cup of Coffee After the Waterboard: Seemingly

Voluntary Post-Abuse Statements, 59 dePaUL L. Rev.

943 (2010).

International Law and United States Policy Issues

Arising from the United States’ Conflict with Al Qaeda, 32 U. aRk. LIttLe

RoCk L. Rev. 505 (2010) (symposium).

Part I: Ten Questions: Responses to Ten Questions, 36 wM. MItCheLL L.

Rev. 5113 (2010).

mcneal testified before the house committee on foreign affairs,

subcommittee on terrorism, nonproliferation, and trade, in

september 2010.

35 L aW. P e P P e r D I n e . e D u35 L aW. P e P P e r D I n e . e D u

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Anthony Miller

Family law: Cases, materials, and Problems (with Peter

M. Swisher and Jana B. Singer) (Lexis, 3d ed.,

forthcoming).

Miller shared expertise in the

documentary Divorce: Circa 1960s, which appears

on the DVD of the fourth season of the television

program Mad Men.

L. Timothy Perrin

L. Timothy Perrin, H. Mitchell Caldwell,

and Carol A. Chase. the art and sCienCe oF trial advoCaCy

(Lexis, 2d ed., 2011).

Richard M. Peterson

The Persistence of Low Expectations in Special

Education Law Viewed Through the Lens of

Therapeutic Jurisprudence, 33, int. J.l. and

PsyChiatry 375 (2010).

Robert J. Pushaw, Jr.

Limiting Article III Standing to

“Accidental” Plaintiffs: Lessons from

Environmental and Animal Cases, 45

Ga. l. rev. 1 (2010).

Peter R. Robinson

Opening Pandora’s Box: An Empirical Exploration of

Judicial Settlement Ethics and Techniques 27

ohio st. J. on disP. resol. (2012).

An Empirical Study of Settlement Conference

Nuts and Bolts: Settlement Judges Facilitating Communication,

Compromise, and Fear, harv. neGot. l. rev. (forthcoming)

Robinson gave the keynote address, “The Use and Misuse of Apology

in Mediation,” at the California Dispute Resolution Council’s annual

conference (September 2010). He also led a six-day Mediating

the Litigated Case program in partnership with the Kuala Lampur

Regional Dispute Resolution Agency in Kuala Lampur, Malaysia

(September 2010).

Shelley Ross Saxer

Plenty of Fish in the Sea? Managing Water Rights

Using Fishing Rights as a Model, marq. l. rev.

(forthcoming).

ContemPorary ProPerty (West, 4th ed.) (forthcoming with

Grant S. Nelson, Dale A. Whitman, and Colleen Medill).

environmental sustainability: law and PoliCy (with Craig “Tony” Arnold,

Hari Osofsky, and Dan Tarlock) (Aspen forthcoming).

Laurie B. Serafino

No Walk in the Dog Park: Drafting Animal Cruelty

Statutes to Resolve Double Jeopardy Concerns and

Eliminate Unfettered Prosecutorial Discretion, 78

tenn. l. rev. (forthcoming summer 2011).

Thomas J. Stipanowich

American Justice at a Crossroads: Remarks of Thomas

J. Stipanowich, 11 PePP. disP. resol. l.J. 169 (2010).

the linColn way: the evolution oF a master oF ConFliCt

(forthcoming).

Maureen Arellano Weston

NCAA Sanctions: Assigning Blame Where It Belongs, 52

b.C. l. rev. 551 (2011).

A Reflection on American Justice at a Crossroads: A

Public and Private Crisis, 11 PePP. disP. resol. l.J. 175 (2010).

This is a partial list.

For more faculty writings visit:

lawmagazine.pepperdine.edu/facultywritings

36P E P P E R D I N E L AW 36P E P P E R D I N E L AW

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Michael Greenburg elizabeth Toddsteve Potts Lynn Morrow

1 9 7 8

charleS h. BucKley Jr. was presented with the local hero award by the Washington state bar association (Wsba). hosted by the Wsba board of governors, the award honors those who have made noteworthy contributions to their communities. his service to the Wsba includes his work with the pro bono and legal aid committee, as well as the character and fitness board.

fred S. gallina retired at the end of 2010 after 12 years as a justice of the town court in pittsford, new york. previously he had worked as a prosecutor, where he was in charge of the training, management, and development of 22 assistant district attorneys for the 19 town courts, and city court.

1 9 7 9

Boyd f. JenSen ii was presented with a 2010 service award from the international association of amusement parks and attractions. he was recognized for his diverse background defending well-known california amusement parks. a member of the founding board of directors of the international amusement and leisure defense association, his efforts representing california amusement park operators led to the formation of the california attractions and parks association, as well as the california portable ride operators.

1 9 8 2

STeve poTTS was appointed director of athletics for pepperdine university on january 1. he previously served as the director of athletics at lipscomb university before becoming the senior associate athletic director at pepperdine in 2008. he and his wife jamie have two sons, tyler and tanner.

JoSeph l. STrohman, Jr., has been elected president of the ventura county bar association for 2011. he has been practicing business litigation with ferguson case orr paterson llp in ventura, california, since 1983.

1 9 8 3

michael m. greenBurg has recently published his second book, The Mad Bomber of New York: The extraordinary True story of the Manhunt that Paralyzed a city (sterling, 2011), an in-depth look at george metesky’s 16-year serial bombing career.

1 9 8 4

paul chipoK, an attorney in the orlando, florida, office of gray robinson, p.a., was recently appointed to serve on the florida bar’s continuing legal Education committee (clE) for the ninth consecutive year.

david depaolo was a faculty member at the workers compensation program for the american academy of orthopaedic surgeons. president of Workcompcentral.com, an online publisher and training company for the workers’ compensation industry; he also served on the faculty at the scientific session of the american academy of disability Evaluating physicians.

1 9 8 5

lynn morrow was selected among the Nashville Business Journal’s 2011 “Women of influence” winners in the dynamic duo category. along with her copartner linda Edell howard, she runs adams & reese’s nashville music row law office. she has been recognized by her peers as one of the top intellectual property and entertainment law attorneys by Chambers USA, Best Lawyers, and Super Lawyers, as well as being voted Nashville Journal’s “best of the bar” by peer review.

1 9 9 1

Jeff Boyd has been named general counsel by texas governor rick perry (see story on page 28). most recently, he was a senior partner at thompson & Knight in austin, texas. previously appointed as deputy attorney general in charge of civil litigation by then-attorney general john cornyn, he is a member of the texas supreme court rules advisory committee, past president and board member of volunteer legal services of central texas, and past chair and board member of goodwill industries of central texas.

paul Brown was awarded a superior accomplishment award by the state of california in recognition of his work for the state of california and the department of transportation.

1 9 9 2

B. elizaBeTh Todd (gast), formerly with cozen o’connor, opened the law office of b. Elizabeth todd, in may 2010, specializing in all types of subrogation law. she is newly remarried, has four children, and resides in charlotte, north carolina.

Jeff Boyd

37 L aW. P e P P e r D I n e . e D u

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David FornshellPatricia Hayes

1 9 9 3

heaTher holT has been selected as the new executive director of the los angeles city Ethics commission. she has been with the commission since 1996, and most recently served as the commission’s director of policy and legislation.

leroy SimmonS was named the vice president of business development and corporate strategy at rock.com, a leading online retailer of official licensed music merchandise and site of the popular music social network. prior to joining rock.com he was employed by the united talent agency for over 15 years and served as a business affairs executive.

1 9 9 4

paTricia v. hayeS, formerly with the texas state university system, has formed pvh consulting group, llc, a comprehensive public affairs and management consulting firm in austin, texas. she is also serving as the 2011 board chair of the texas legal protection plan, a state bar-created entity focused on providing access to affordable legal services to the citizens of texas.

Sharon BeTh morriS, of the law offices of triessl & morris, in sherman oaks, california, has been selected the 2011 president of the criminal courts bar association.

michael h. raichelSon has been selected by california super Lawyers magazine as one of the top attorneys in california for 2011. owner of the law offices of michael h. raichelson, his firm focuses on bankruptcy and litigation.

douglaS d. SanderS has recently been appointed the associate director of civil law and litigation, for the department of the air force. the directorate supervises the activities of the general litigation, claims and torts litigation, and environmental law and litigation divisions, as well as all litigators affirmatively pursuing or defending the air force against suits seeking damages and injunctive relief in a wide range of civil matters.

1 9 9 7

ryan J. wrighT took the bench in the ventura county superior court in simi valley, california, on january 3. after being admitted to the state bar, he began his legal career by clerking in both the ventura county public defender’s office and the ventura county district attorney’s office. after being promoted to senior deputy district attorney in ventura county, he was twice named outstanding prosecutor of the year by the ventura county district attorney. he has also been recognized by the u.s. department of justice for his contributions in the area of narcotics enforcement.

1 9 9 9

geoffrey c. chacKel was made partner at gordon & rees’s commercial litigation, Employment, and construction group in san diego, california. his general commercial litigation practice is focused on representing businesses and their directors and officers in complex litigation involving claims for a wide variety of issues, while his construction practice focuses on representing owners, prime-contractors, and subcontractors in construction-related matters.

andrew roBerSon was named of counsel at latham & Watkins in chicago, illinois. a tax attorney who specializes in tax controversy and litigation matters, he represents clients in disputes with the internal revenue service and has litigated several cases at all levels of the federal court system, including the u.s. tax court and various u.s. courts of appeal.

amy cohen (Wolf) and roBerT a. cohen (jd ’00) welcomed their second child Kensington Eve cohen on october 19, 2010. she joins her older sister brooklyn cohen.

wendy l. BaKer was made partner at fisher & phillips llp in irvine, california. she devotes her practice exclusively to the representation of management in employment disputes before state and federal tribunals. she also advises employers regarding various personnel issues, including discipline and termination, and the development of preventative policies and procedures to avoid employment claims and litigation.

david p. fornShell was recently named prosecuting attorney for Warren county, ohio. his office is responsible for the prosecution of all felonies and accompanying misdemeanors in the county, as well as the representation of all county-elected officials, departments, and agencies. he was formerly a partner in the litigation department of dinsmore & shohl llp in cincinnati, ohio, where he continues to maintain a practice in his capacity as of counsel. he and his wife amy reside in lebanon, ohio, with their sons reagan and Evan, and their daughter alexis.

robert cohen

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sharon Hritz Dina Haddadclay Taylor Donna roberts

2 0 0 0

dereK e. Brown was elected to the utah house of representatives, district 49, in january. he previously served as legal counsel to senator orrin g. hatch.

2 0 0 1

curTiS a. graham was made partner at the los angeles, california, offices of ford & harrison llp, a national labor and employment law firm. With extensive employment litigation experience, he is a mediator and trained negotiator, and defends companies against wage and hour class action suits. he previously practiced with nordman cormany hair & compton llp in oxnard, california.

clay m. Taylor was elected partner at Kelly hart & hallman in forth Worth, texas. he is a member of the firm’s business reorganization and bankruptcy practice group.

chriSTa zofcin joined river road as executive vice president, business and legal affairs, in late march. she most recently served as the senior vice president and head of business affairs at united artists.

2 0 0 2

marK J. BouraSSa and his wife welcomed their first child, marcus jacques bourassa, in september.

donna roBerTS joined stites & harbison in nashville, tennessee. she is a member of the firm’s business litigation service group and concentrates her practice in the areas of business and commercial litigation. her experience includes litigating commercial and tort-related disputes as well as noncompete and trade secret cases.

valerie TorreS was named of counsel at latham & Watkins in san diego, california. an environment, land, and resources attorney focused on complex litigation and class actions, including government civil and criminal enforcement actions, environmental remediation, products liability, mass tort, and consumer class actions, she has significant experience representing companies in large-scale environmental and toxic tort litigations, with special expertise in litigating the health, science, and technology issues that arise in these contexts.

2 0 0 4

m. liSa odom recently cofounded the law firm of mcdowell odom llp in valencia, california. her practice focuses on all aspects of transactional law, including real estate law, finance, corporate and securities law, and trusts and estate planning.

2 0 0 5

KenneTh B. gorTon (jd ’05, mdr ’05), a trial attorney in the state of Washington, has been certified as a member of the million dollar advocates forum. he handles a wide variety of personal injury and wrongful death claims.

charleS hunT (mba ’78, llm ’05) has retired as a tenured professor of business law from the graziadio school of business and management of pepperdine university. he is currently a class advisor to the presidential Key Executive programs at the graziadio school.

2 0 0 6

ali Salimi (jd ’06) and Jamie Kim (jd ’06) were married at pepperdine’s stauffer chapel on march 19, 2011.

2 0 0 9

Sharon hriTz is an associate for Keller rohrback in the firm’s newly-opened office in santa barbara, california.she practices with the firm’s nationally recognized complex ligation group, focusing on securities, Erisa, anti-trust, employment, and consumer protection claims.

2 0 1 0

dina haddad (llm) has been named of counsel to the family law group at mcmanis faulkner, a leading trial firm in northern california. she joins the firm from brot & gross llp in los angeles where her practice focused on marital dissolution, child custody, and visitation. she also established and founded families first mediation practice, and served as secretary of the alternative dispute resolution standing committee of the state bar of california-family law section (southern california) before joining the firm.

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for spencer lucas (jd ’04), the seeds of a career focused on

fighting for the victim, were planted back in law school. it began the summer after his first year, when he interned at pepperdine’s legal aid clinic at the union rescue mission in downtown los angeles.

“because the pepperdine program allowed 1ls to get in there and actually do fulfilling work for families on skid row, i found it to be a very rewarding experience to use what little i knew, which gave me a perspective and foundation for the work i do today,” he explains.

he continued maximizing opportunities at pepperdine by helping to advance the school’s global justice program. after researching different programs, lucas and his wife heather,

applied for and received a $10,000 grant from the lilly foundation. the grant funded summer work for law students in honduras, alongside the international justice mission.

today lucas is an attorney with panish shea & boyle in santa monica, california, where he takes many wrongful death cases and fights to ensure that his clients are protected and compensated.

in the past two years, lucas has tried four wrongful death or catastrophic injury cases to verdict. a recent case in san diego was particularly complex. “We represented three young boys, whose parents were both killed when their family camper van rolled over after a tire tread separation. it became a complicated product liability/negligence case including six different corporate defendants,” he says. “i worked on this case for over three years before we went to trial against mossy ford for two months.” ultimately, they settled

the product liability claims for $8.3 million and

the jury gave a total award of $14.5 million—the

largest wrongful death verdict in san diego

county history.

in may, lucas obtained another $14 million

verdict on behalf of an injured truck driver

who was crushed by a 25,000-pound container

at the port of long beach. this result was the

largest verdict in long beach history.

“the one thing that all of our clients have

in common is that they each are faced with

tragedy, in the death of a loved one or a

catastrophic injury,” says lucas of the work

that gets him out of bed each day. “it is an

extremely fulfilling feeling to help bring justice

to our clients. When you go through a lengthy

trial, it becomes so consuming that your clients

become your family. there is so much at stake

for everyone.”

high stakesalumnus spencer lucas fought for three young boys who lost their parents and earned the largest wrongful death verdict in san diego county.

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c l a s s a c t i o n s

i n m E m o r i a m

hugh BrecKenridge (jd ’75) passed away on january 14, after a 16-month battle, or “coexistence” as he put it, with throat and neck cancer. he was surrounded by his wife, two sons, his physician, a good friend, and his loyal dog buddy. born in santa monica, california, to anne Kresge breckenridge and james breckenridge in 1946, he had a great love of surfing, baseball, and golf. he attended stanford university from 1964 to 1968, graduating with a ba in economics, and as a member of the executive committee of the alpha tau omicron fraternity. in 1966 he enlisted in the u.s. navy, where he served as a non-lawyer legal officer and naval aviator, often towing targets for elite fighter pilots. he met his wife, Katherine cannon, in 1971, and they were married in july of 1972. the newlyweds took up residence in Westminster, california, and he enrolled at pepperdine university’s school of law. after graduation, he built a private law practice in irvine, california, that he operated for 32 years as a lawyer, mediator, and arbitrator. a member of the orange county bar association and the california state bar association, he spent 31 years as the emcee of dick richard’s breakfast club in newport beach. in recent years, he found great joy rediscovering his love of golf, playing as often as possible with his crew of golfing buddies and competitively on the pepsi golf tour. he was a diehard fan and season ticket holder of the anaheim angels, and loved playing racquetball, squash, and staying in shape with his good friends at the university athletic club. he is survived by his wife Katherine and his sons, riley and Edward.

John l. ogleTree (jd ’91) passed away on january 10 after a long battle with cancer. born on october 16, 1949 in houston, texas, he was a licensed pilot for many years before realizing his dream of moving his family to california where he graduated cum laude from pepperdine and became a lawyer. he was an avid softball player, and gifted pianist who loved the beach. ogletree is survived by his youngest daughter, sarah, and her husband, his oldest daughter janet and her husband and two children, as well as his sister and brother and their families, and his friend and former wife, cathy andrews.

roy david ThompSon (jd ’93), of Wilmington, delaware, passed away on april 7, 2011. he is survived by his wife, sabreana thompson and his daughters, alexandria and gabriella; his parents, royall a. and Winifred (ruff) thompson; his sisters, theresa oldham (gene), rosemarie thompson, annemarie abbott (tom), and patricia gavin (rich); his brothers, jim thompson and paul thompson (shannon); his paternal grandmother, blanche thompson and his father and mother-in-law, Wayne and Karen beard. many aunts, uncles, cousins, nieces, and nephews are left to cherish his memory.

Page 43: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

Join PePPerdine in

honoring 75 years

of strengthening

lives for PurPose,

service, and

leadershiP.

the yearlong festivities kick

off during Waves Weekend

2011, held october 14-16

on the Malibu campus.

Celebrating 75 Years of PePPerdine UniversitY

In honor of the 75th anniversary

PePPerdine Law readers

Page 44: Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)

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Pepperdine law deans from left to right: Charles Nelson, Richardson Lynn, Ron Phillips, Ken Starr, Tom Bost, and Deanell Reece Tacha.