USF Lawyer Fall 2013

FALL • 2013FALL • 2013

Jessica Grant ’95 Wins Landmark Class Action • Professors Davis and Travis Named Associate DeansInsIde

Opening DOOrs

tO JusticeWith a distinguished career in public service, Dean John Trasviña is setting

the path for USF’s second century

13358_LWYR-FALL_CS55-r2.indd 1 10/3/13 8:29 AM

stephen A. Privett, s.J.University President

Jennifer e. TurpinUniversity Provost

John TrasviñaDean

Joshua davisAssociate Dean for Academic Affairs

Michelle TravisAssociate Dean for Faculty Scholarship

elizabeth BenhardtAssistant Dean for Academic Services

erin e. dollyAssistant Dean for Student Affairs

Angie davisSenior Director of Communications & Marketing

Talya Gould sandersAssistant Director of Communications & Marketing

designAnn Elliot [email protected]

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Dear Alumni and Friends,

As I begin my first year as dean, I share the excitement our new students are feeling, and I am honored to have the opportunity to lead the law school forward into our second century. I am grateful to Deans Brand and Micon, our faculty, and our staff for a solid foundation. Moving forward, we are all working to meet the needs of both students and recent graduates who are entering a rapidly changing profession. We are implementing change and I am pleased to share with you some of our new initiatives that will benefit our current students and alumni. In May, we welcomed Rodney Fong ’80 as the third co-director of our Law+Plus Program so that we can help more students enhance their academic readiness and bar examination perfor-mance. Whether students participate in our Academic Support Program and Bar+Plus classes and programming, or take advantage of one-on-one tutoring, we now offer more opportunities to help our students succeed academically. I don’t know of any school nationally that provides student support like we do. To better prepare our students to succeed professionally, we have expanded our Office of Career Planning (OCP) with new staff, more student services, and strengthened connections with employ-ers. We have more on-campus recruiting opportunities for employers to interview USF law students. Every current student is assigned to one of our three OCP career counselors, who track each stu-dent’s progress toward full-time, post-graduate employment. Whether you are looking for a lawyer to hire, a job to offer, or a new legal opportunity, turn to OCP first! Are you LinkedIn yet? Our online mentoring program through LinkedIn better connects students with USF’s extensive and well-connected alumni network. I encourage you to join the program because it brings you closer to fellow alumni, potential legal referrals, and other opportunities. We have expanded our practice-based courses and curricular offerings, and enhanced our already noteworthy legal research and writing program, as well as our advocacy program. These are just a few of the exciting changes on campus and you will hear more about new programming and initiatives in the coming months. As I begin my term as dean, I am focused squarely on preparing our students to succeed in a lifetime of advocacy and advancing justice. Please join us—by participating in an upcoming event, mentoring students and recent graduates, or supporting the law school financially.

I look forward to seeing you soon.

John TrasviñaDean and Professor of Law

Message from the Dean


ContentsFALL • 2013

In Brief• Professor Joshua Davis named associate

dean for academic affairs• Professor Michelle Travis appointed associate

dean for faculty scholarship• Press clippings• New clinic project provides legal assistance

to start-ups• Local and international summer externships

offer professional training

Faculty Focus • New faculty bolster academic support

and clinic experience• Professor Julie Nice featured in Harvard book

on best law teachers

Giving Back• Jeffrey Brand Pursuit of Justice Fellowship• Honoring Judge S. Lee and Angela Vavuris’

generosity

Alumni News• Roger Green ’98 and Jenny Tsai ’98 improve

immigration opportunities• Upcoming events• Class Notes

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Closing Argument Building a Career on Your Integrity

By Judge Saundra Brown Armstrong ’77

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Big Battles, Big VictoriesWith a small legal team driven by her smart strategies, trial attorney Jessica Grant ’95 prevailed recently in two hard-fought class action suits, winning verdicts totaling more than $989 million.

Opening Doors to JusticeWith a distinguished career in public service, Dean John Trasviña is setting the path for USF's second century.

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USF School of Law Professor Joshua Davis has been named associate dean for academic

affairs of the law school. As associate dean, Davis will oversee the law school’s academic programs and be responsible for curricular and program development and implementation. Davis succeeds Professor Ronald Micon who stepped down after 20 years to return to the faculty. “Ron has devoted extraordinary service to being the steward of the academic ship of the law school,” Dean John Trasviña said. “His knowledge, expertise, and ca-maraderie will be missed in this position. And he was instrumental in welcoming me and providing a smooth transition for me as dean to move the law school forward.” Davis has assisted in enhancing the law school’s scholarly production and reputa-tion in his former role as associate dean for faculty scholarship. “Josh Davis has the dedication to scholarship and the ex-ecutive and teamwork skills critical to the job of associate dean,” Trasviña said. “He will play an important role as we move the School of Law forward to serve our

students and the legal community.” Davis, who also serves as director of the Center for Law and Ethics, focuses his scholarly research on complex litigation, ethics, and the interplay between the two. His recent and current writings address antitrust, civil procedure, legal ethics, free speech, and jurisprudence, and have been published or are forthcoming in the George Washington, George Mason, B.Y.U., Utah, and Georgia law reviews, among others. He is a graduate of NYU School of Law and received his LLM from Georgetown University. He has served as a law clerk to the Hon. Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and as a fellow at the Center for Applied Legal Studies at the Georgetown University Law Center. Before joining the USF faculty, he was a partner at Lieff Cabraser Heimann & Bernstein, LLP. “I am grateful for the opportunity to serve the school in a new role,” Davis said. “Legal education today faces challenges and I feel confident if we all work together under the leadership of Dean Trasviña, the USF School of Law will flourish.” [USF]

Professor Joshua Davis Named Associate Dean

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Professor Michelle Travis has been named the asso-ciate dean for faculty scholarship, replacing Joshua Davis, who is the new associate dean for academic affairs. Travis is a Dean’s Circle Scholar and co-director of USF’s Labor and Employment Law Program. She special-izes in employment law with a focus on disability discrimi-nation, sex discrimination, and work/family balance. She serves on the editorial board of the Chicago-Kent Employ-Chicago-Kent Employ-Chicago-Kent Employee Rights and Employment Policy Journal, and her articles have been published in the Vanderbilt Law Review and the Vanderbilt Law Review and the Vanderbilt Law ReviewNorth Carolina Law Review, among others. Travis has re-ceived two distinguished teaching awards. She earned her

undergraduate degree from Cornell University, and her JD from Stanford University. “Fostering faculty scholarship is so important to the life and future of the law school, that I wanted a visionary leader widely respected not only throughout the law school and the university but among peers everywhere,” said Dean John Trasviña. “In close consulta-tion with Associate Dean Joshua Davis, selecting Professor Michelle Travis was an obvious choice.” [USF]

Professor Michelle Travis Appointed Associate Dean for Faculty Scholarship

“ Josh Davis has the dedica-tion to scholarship and the executive and teamwork skills critical to the job of associate dean. He will play an important role as we move the School of Law for-ward to serve our students and the legal community.”

Dean John Trasviña


The Intensive Advocacy Program (IAP), whichfocuses on litigation and trial techniques and strat-egies, concluded its 21st annual two-week courseon June 2. The program brings together seasonedlawyers and judges from across the nation to trainlaw students in the art of advocacy.

Nearly 30 law students participated in thisinteractive program featuring more than 80 hoursof lectures, demonstrations, and practice work-shops. The students conducted portions of asimulated deposition and trial, received critique,and reviewed their recorded performances underthe guidance of experienced faculty members. Theprogram concluded with each student conductinga mock jury trial.

“As always, I am in awe of the work the studentsput into the program and how much they are ener-gized by the effort. But this year I was also struckby the fact that many of the lawyers who gave oftheir time had themselves participated in IAP asstudents,” said former IAP Program Director Henry Brown.“These people, including students from the very first IAP program,are now well-regarded and experienced attorneys in their ownright. Having participated in IAP every year since the beginningmyself, it warms my heart to see the abilities and dedication ofgenerations of USF alums.”

This year’s Edward J. McFetridge Award for excellence inadvocacy was presented to Mark Griffin 4L. Stephanie Drenski 4Lreceived the John L. Brennan Award for creativity and innovationin advocacy. [USF]

Intensive Advocacy Program Provides PracticalTrial Experience

“ As always, I am in awe of the work the students put into the program and how much they are energized by the effort. This year I was also struck by the fact that many of the lawyers who gave of their time had themselves participated in IAP as students.”

Former IAP Program Director Henry Brown

Class of 2013GraduatesThe USF School of Law Class of 2013graduated on May 18 in front of approxi-mately 1,000 family and friends inSt. Ignatius Church. More than 190students received Juris Doctor degrees,11 received JD/MBAs, 14 received LLMsin International Transactions and Com-parative Law, and one received an LLM inIntellectual Property and Technology Law.

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“ Google’s remedies were trivial. Google needs to be clear that it isn’t playing favoritism to its own search results. What they are is top in search, and this is not any old industry that exists in the world. It is the center of commerce on the Internet. This would be akin to owning the streets and roads. It has become an essential business, much like a public utility.”

Professor David Franklyn in E-commerce Times on Google being

warned by the European Union to offer more concessions in the way it runs its online search business in Europe or face additional fines.

“ You don’t have to go far from the USF campus to find people that are in need of legal services. Those needs extend across the country and the world. I want to make sure USF is a law school for the 21st century that trains skilled, thought-ful, and ethical attorneys.”

Dean John Trasviña in an article in The Daily Journal on

not buying into the notion that there are too many lawyers.

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“ The Supreme Court has ruled

and Judge Vaughn Walker’s

order is the final order in this,

so that marriages are clearly

going to resume and there’s

therefore really no legal reason

to keep the stay in place.” Herbst Foundation Professor Julie Nice on KCBS Radio

about the Supreme Court’s order for the 9th Circuit Court of Appeals to lift the stay on same-sex marriage.

“ I think we’re still in that stuck place, because it’s so counterin-tuitive and so counterproductive and self-destructive (to confess to something you didn’t do). In a way, we understand suicide better than a false confession, and that’s the ultimate act of self-destruction.”

Professor Richard Leo in an article in The Nation about the misconception that suspects would not confess to crimes they did not commit.

“ It sends a message, but it’s true, really the big debate is over the program itself that triggers the detainers; and if ICE really wants the folks, they can come get them earlier.”

Professor Bill Ong Hing in the Los Angeles Times on the Trust Act’s

potential to bar local jailers from holding most arrestees in the U.S. illegally an extra 48 hours for the feds.

Freiwald agreed that it may be difficult to convince Congress to cut the amount of surveillance, although she called the sharing of other criminal activities with law enforcement agencies an unfair use of the NSA data. “Can you walk away from data that might prevent a terrorist attack?” she said. With more companies and agencies collecting and analyzing data, the current legal framework governing fair uses of information is “going to be ineffective,” she added.

A PC World article quoting Professor Susan Freiwald on the need for more

transparency on big data projects by the National Security Agency.

“ How many suicides will it take before the government hears the voices of those who have been housed in the detention facilities in Guantanamo for over a decade? We have created an international human rights issue of tragic proportions, and no one with the power to act seems to care. Obama says he cares, but nothing changes.”

Professor Peter Jan Honigsberg in The Huffington Post on the detain-ees’ hunger strike in Guantanamo Bay to protest their innocence and treatment in the detention camp.


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Related Readings

Stuart Banner, The Death Penalty—An American History (2002) discusses the history of the death penalty from colonial times to the present Charles Ogletree, Jr. and Austin Sarat (eds), From Lynch Mobs to the Killing State (2006) analyzes race and the death penalty Franklin Zimring, The Contradictions of American Capital Punishment (2003) discusses the reasons for the popularity of the death penalty in the country as a whole and in particular regions

“ The death penalty presents the most profound challenges for the American criminal justice system and shines a powerful light on issues that might go unnoticed in more ordinary cases. The death penalty is a highly controversial issue in America today, and I believe the course gives students the tools to make a con-

structive contribution to resolving this issue.” Professor Steven Shatz

syllabus

Course Death Penalty Law

Professor Steven Shatz

Description Professor Steven Shatz first got “a thorough education in the arbitrariness and irrationality of the Califor-nia death penalty” while working for nine years on a capital appeal as a co-counsel alongside his wife, Nina Rivkind, a capital post-conviction attorney. The course focuses on the U.S. Supreme Court’s regulation of the death penalty, and students come away with an in-depth understanding of the workings of American criminal justice system and its flaws. Students are challenged to understand the justices’ analyses in a very complex area of the law. “Because a life is at stake in every case we read, the course is more than a high level intellectual exercise,” Shatz said.

Alex Leenson 2L was awarded the Peggy Browning Fellowship, a 10-week summer position in which he worked at UNITE HERE Local 2, in San Francisco. Peggy Browning Fellowships identify law students fighting for social and economic justice, and support experiences that inspire them to pursue careers in public interest labor law. Leenson is one of 70 recipients of this fellowship nationwide this year.

After graduating in 2008 from UC Davis, Leenson participated in the UC Berkeley Labor Center’s Organizing Summer internship program. Through that program he worked at the California Nurses’ Association/National Nurses United (CNA), where he was subsequently hired as a national organizer in Chicago. During his time with the CNA, Leenson worked on campaigns for union recognition, new contract negotiations, grassroots outreach, and lobbying on political and community issues in California, Illinois, Missouri, Kansas, Texas, and Pennsylvania.

Leenson returned to the Bay Area where he was a community organizer with La Peña Cultural/Community Center, and an organizer and researcher for the National Union of Healthcare Workers. Upon graduation, Leenson plans to focus on the protection and expansion of organizing rights for workers.

Leenson called the experience rewarding and said it has given him practical lawyering experience. “I assisted the legal department in mediations and arbitrations that often led to substantial monetary settlements and reinstatement after the employer was found to have violated provisions of the collective bargaining agreement,” he said. “My experience has reinforced my commitment to the labor movement and class struggle.” [USF]

Alex Leenson 2L Awarded Peggy Browning Fellowship

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Freiwald agreed that it may be difficult to convince Congress to cut the amount of surveillance, although she called the sharing of other criminal activities with law enforcement agencies an unfair use of the NSA data. “Can you walk away from data that might prevent a terrorist attack?” she said. With more companies and agencies collecting and analyzing data, the current legal framework governing fair uses of information is “going to be ineffective,” she added.

A PC World article quoting Professor Susan Freiwald on the need for more

transparency on big data projects by the National Security Agency.


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Budding entrepreneurs and start-up companies on a budget in Silicon Valley and beyond now have access to free legal services thanks to the USF School of Law’s

new Entrepreneurial Ventures Legal Services Project. The project is a collaborative effort between the school’s Investor Justice, Employment Law, Internet and Intellectual Property, and Mediation clinics.

“Although San Francisco Bay Area entrepreneurs often have the next great idea, they often need legal expertise to put their business together effectively and within the law’s require-ments,” said Professor and Project Director Robert Talbot. “Start-up companies are always unique. From the business plan and management team to the capital resources, the prod-uct, and the marketing—all create needs that vary with each individual project. The legal help that a start-up needs almost always requires expertise in multiple legal disciplines.”

Under the supervision of clinical faculty and staff, law students in the four clinics provide the range of legal expertise that many entrepreneurs need to launch their businesses successfully. The Investor Justice Clinic works on business and securities legal issues; the Internet and Intellectual Property Justice Clinic works with trademarks, copyrights, patents, and online business issues; and the Employment Law Clinic works with issues ranging from worker rights to employee classifica-tion and employment discrimination. In addition, the Media-tion Clinic works with resolving conflicts through alternative dispute resolution rather than traditional means.

As they help fledgling start-ups with legal services, law students receive valuable hands-on training, Talbot said.

“This experience helps students become practice-ready,” he said. “Students gain experience with the vocabulary and skills to hit the ground running as transactional lawyers. They are handling legal issues that are particularly important in the Bay Area. In addition, by working on cases in teams made up of students from different law clinics, they learn how to work collaboratively.”

The Entrepreneurial Ventures Legal Services Project is cur-rently assisting its first clients, including a new fitness venture and a group of filmmakers. The number of clients accepted is limited and based on criteria including financial need of the entrepreneurs, whether the company will provide jobs or needed services to the community, whether the company is nonprofit, and whether the project is of a complexity suitable for students. [USF]

Merchant mariners who have their licenses revoked or sus-pended by the U.S. Coast Guard typically have had little access to representation to contest the decision—until now, thanks to a unique program in which USF School of Law Employment Law Clinic students are representing mariners in license revocation cases before the Coast Guard. This is the only program of its kind on the West Coast.

The program began this spring at the suggestion of Rear Adm. Frederick J. Kenney ’91, judge advocate general for the Coast Guard. The National Maritime Center, the Coast Guard’s issu-ing authority, issues more than 240,000 credentials to merchant mariners who sail throughout U.S. waters. Last year, about 600 licenses were revoked nationwide; only 40 mariners requested tri-als, said Professor Robert Talbot, who oversees the clinic.

Yet many mariners, Talbot learned from Kenney, might have good cases for their licenses not to be taken, but without an

advocate, they have little chance of success in a formal hearing to contest the decision.

“In a lot of ways, it was made for a law school program,” Talbot said. “There’s discovery, opposing attorneys, motions, confer-ences with judges. Students get to investigate the case, prepare witnesses, put them on the stand, and cross-examine. And it’s all fairly quick.”

The clinic makes a difference not only for the individual mariners it helps, but also plays an important role in keeping this system fair and balanced, Talbot said. “Until the clinic stepped in, there was little opportunity for free representation for mariners. The Coast Guard investigators would bring charges against mariners, most of whom couldn’t afford to fight them. We are like public defenders of employment rights protecting the right to work for those who work on the seas.” [USF]

Employment Law Clinic Represents Mariners

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New Clinic Project Provides Legal Assistance to Start-Ups

Filmmakers Krista Howell and Mark Gunson, developing a film tribute to Bay Area surfing, discuss their legal needs with Entrepreneurial Ventures Legal Services Project students.


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one to watch

Jesse GossettJesse Gossett is the editor-in-chief of the USF Law Review, and has participated in the Investor Justice Clinic and the National Moot Court Competition. He has externed at Legal Aid of Marin, the U.S. Attorney’s Office, and the U.S. Securities and Exchange Commission. Prior to beginning law school, he worked for 20 years in financial services, including invest-ments, insurance, and banking, and he earned both the Chartered Financial Analyst and Certified Financial Planner designations.

Third-Year Student | Full-Time Juris Doctor Program

What most influenced your path to law school?The “what” was the global financial crisis of 2008–09. Up to that time I had had a successful career in financial services, however, something was always missing and I’ve realized that something was my sense of purpose. I came to realize that my purpose is to use my knowledge and experience to help make the financial industry sustainable, fair, and approach-able to all people so everyone will have the opportunity to achieve their financial dreams. The “who” are my wife and 9-year-old son. They are both incredibly supportive of me, and I wanted to show my son that it is never too late to take control and pursue one’s purpose.

How do you plan to use your law degree?I’d like to be a part of changing the financial services in-dustry for the better. Ideally, I’d like to work for a financial regulatory agency, like the SEC or CFPB, or another finan-cial fraud enforcement agency. But I also feel I can make a difference working for a plaintiff ’s firm that specializes in securities litigation or working in-house at a financial firm helping guide their policies and actions.

What is the best way to de-stress as a law student?Going home to my family. But while I’m on campus, I have two places. Koret—nothing like a good workout to reduce the stress and refocus the mind. Second, and somewhat counterintuitively, the second floor of the library with my headphones on by the big windows looking over the under-grad campus. Even though I’m studying or working on a paper, I never feel stressed when I’m done.

Which class has challenged you the most? The most mentally and physically challenging was Regula-tion of Financial Institutions. Although this was a two-unit class in a topic with which I was already familiar, this class

has a paper requirement, and I decided early on that I wanted my paper to be of publishable quality. This meant I had to do an incredible amount of research and analysis. But the hard work paid off (as it usually does)—my paper will soon be published in the UC Davis Business Law Journal.

What advice would you give to new law students? Know why you’re in law school, because you’ll be asked it a few hundred times in the next three years. Maintain balance in your life. Do independent research like reading cases and interesting law review articles just for fun. Also, ask yourself, “What am I going to do to help myself get a job after I graduate?” Take advantage of all the opportunities USF provides—a quality education, law review, moot court, externships, clinics, and networking events—that will help you get a job. It’s up to you to make the most of them. [USF]


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From Cambodia to Prague, the American south, and San Francisco Superior Court, nearly 100 USF

School of Law students spent the summer experiencing the legal profession from new angles as part of the school’s extern-ship program. Their placements provided hands-on opportunities to apply the skills they learned in law school.

In the Bay Area and California, 22 stu-dents secured externships at government agencies, nonprofit organizations, and judicial offices.

Kimberly Ngiangia 4L, who externed for the general counsel at SysIQ, Inc., a San Francisco-based technology company, conducted extensive research, prepared draft contract provisions, and participated in client intake, among other activities. “I hope to eventually work in-house, and this experience exposed me to how busi-ness and law intertwine,” said Ngiangia. “My externship taught me the necessity of knowing the business you represent.”

Sean Makarin 3L externed for the Hon.Teri L. Jackson, the first African American woman to serve as a Superior Court judge in San Francisco, and a USF adjunct professor. “I want to try and litigate cases, so my externship was invaluable,” said Makarin. “I saw the inside and outside of every case, from every angle, and then was in court everyday watching how every issue played out.”

The Keta Taylor Colby Death Penalty Project sent 13 students—nine from USF and four from UC Berkeley—to work with capital defense attorneys in the South. Alyse Pacheco 2L spent the summer working at the Texas Defender Service, completing research on the Texas death penalty statute, observing a capital trial, conducting investigative mitigation research for post-conviction clients, and participating in legislative meetings and hearings.

“My most memorable experiences from this summer are meeting with and talking

to clients or their friends and family members,” Pacheco said. “It humanized the law, the cases, and the cause we are fighting for. Behind each case there is a story and a big part of my job this sum-mer was to research these stories to help tell them. Having faces to match these endless files and transcripts made my internship that much more meaningful.”

Nearly 60 students travelled abroad to China, Cambodia, Philippines, Haiti, Dublin, and Prague to learn about human rights law, international business law, and legal institutions and NGOs in those countries.

In Prague, students met with and discussed rule of law issues in Czech-U.S. relations with Norman Eisen, U.S. Ambassador to the Czech Republic, and Barry White, U.S. Ambassador to Norway who was visiting at the time. They also visited the Prague High Court and heard a lecture from an apprentice judge about the history and present reality of the Czech criminal justice system.

As part of their time in China, USF law students met with three judges from the China Supreme Court, visited the Beijing Wall together, and connected with USF LLM alumni in Beijing.

In the Philippines, student externship placements were closely connected to their career interests. For example, one student who works for a biotech company in the United States was placed at a law firm with international practice involving the international intellectual property issues of biotech.

“My time in the Philippines has been an important stepping stone for me because it has given me the experience of working in a large firm that handles all the main practice areas, an experience I would not have had, had I remained in San Francisco,” said Sophia Cohn 2L, who participated in this year’s Philippines program. [USF]

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Local and International Summer Externships Provide Professional Training

Students and faculty in Prague met with U.S. Ambassador to the Czech Republic Norman Eisen and U.S. Ambassador to Norway Barry White.


Rodney Fong Joins Law School asAssistant Professor and Co-Directorof Law+Plus Program

Rodney O.odney O.odney Fong joined Fong joined Fong USF School of Law of Law of as Law as Law assistant pro-fessor and co-director of Law+Plus of Law+Plus of in May. He is focusing

on expanding the expanding the expanding academic support services for all law students, law students, lawwith a particular a particular a emphasis on bar preparation and success, andhe immediately assisted immediately assisted immediately the 2013 graduating class graduating class graduating as they pre- they pre- theypared for the bar exam.

Fong joinsFong joinsFong Richard Sakai and Carol Wilson, both assistantprofessors and co-directors of the of the of Law+Plus Program, in expand-ing anding anding leading the leading the leading program’s efforts to create a supportive a supportive aatmosphere that equips students with the skills to succeed aslaw studentslaw studentslaw and lawyers. Previously, Fong was Fong was Fong assistant deanfor bar exam services at Golden Gate University School University School University of Law, of Law, ofwhere he built a successful a successful a bar pass program that raised andstabilized the school’s bar pass rates. He has also served as chairof theof theof State Bar of California’s of California’s of Council on Access and Fairness,director of academic of academic of support programs at Santa Clara Santa Clara Santa University Clara University ClaraSchool of Law, of Law, of and chair of the of the of section on academic supportprograms for the American Association of Law of Law of Schools. Law Schools. Law

Fong isFong isFong a long-time a long-time a USF community member, community member, community havinggraduated from USF with a bachelor’s a bachelor’s a degree in 1977 and aJD in 1980.

“What a feeling a feeling a to feeling to feeling be back on back on back campus, nearly 40 nearly 40 nearly years afterI first arrived as an undergraduate,” Fong said. Fong said. Fong “In my new my new my role, new role, newI am very excited very excited very to meet with as many students many students many as possible, andespecially toespecially toespecially have helped the class of 2013 of 2013 of prepare for the barexam this summer. I think the think the think best way to way to way provide support is tounderstand each student’s individual strengths and what theyperceive their weaknesses to be, so we can develop a personal- a personal- aized strategy for strategy for strategy their success.” [USF]

M. Kamran Meyer Selected as FirstHamill Fellow for Criminal and JuvenileJustice Law Clinic

The first USF School of Law of Law of Hamill Law Hamill Law Fellow, M. KamranMeyer, began the two-year position this fall. The Hamill

Fellowship, funded by a by a by generous a generous a gift from USF TrusteeStephen A. Hamill ’78, provides an opportunity for opportunity for opportunity a clinical a clinical alaw practitionerlaw practitionerlaw to assist in the supervision and managementof aof aof law a law a clinic law clinic law at USF.

Meyer’s primary responsibilities primary responsibilities primary are with the Criminal andJuvenile Justice Law Clinic, Law Clinic, Law where he directly supervises directly supervises directly stu-dents’ case work and work and work teaches in the classroom in coordinationwith faculty. After graduating After graduating After from graduating from graduating the USF School of Law of Law of in Law in Law2008, Meyer became Meyer became Meyer a criminal a criminal a defense attorney, working for working for workingthe Law Offices Law Offices Law of Charles of Charles of Bourdon, where he worked on mo-tions, trials, sentencing, and discovery in discovery in discovery state and federal courts.In 2011, Meyer opened Meyer opened Meyer his own criminal defense firm, the LawOffice of M. of M. of Kamran Meyer. During the During the During 2012–2013 academicyear, he supervised the Criminal and Juvenile Justice Law Clinic Law Clinic Lawalongside Prof. Sharon Meadows and during her during her during sabbatical. her sabbatical. her

“Kamran Meyer has stellar criminal defense experience andhas already proven already proven already to be an effective teacher,” said ProfessorBill Ong Hing. Ong Hing. Ong “We are especially proud, especially proud, especially because he is a USF a USF aalum who is a product a product a of our of our of Criminal and Juvenile Justice LawClinic.”

“I’m honored to have been selected as the inaugural HamillFellow andFellow andFellow am deeply indebted deeply indebted deeply to the generosity of generosity of generosity the of the of Hamillfamily andfamily andfamily the School of Law,” of Law,” of Meyer said. “Returning to “Returning to “Returning USFwith this opportunity to opportunity to opportunity give back has back has back been a tremendous a tremendous a expe-rience. As part of the of the of fellowship, I’m looking forward looking forward looking to produc-ing meaningfuling meaningfuling scholarship that will hopefully shine hopefully shine hopefully light uponsome less developed areas of criminal of criminal of law and law and law procedure.” [USF]

New Faculty Bolster Academic Supportand Clinic Experience for Students

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Professor and Associate Dean for Academic Affairs Joshua Davis participated in the panel discussion “Antitrust Implications of a Supreme Court Class Action Trifecta—Amgen, Comcast, and Standard Fire,” sponsored by the Bar Asso-ciation of San Francisco, Antitrust Section, as a continuing legal education event. He has two papers forthcoming in the George Washington Law Review, as well as ones in the Utah Law Review and Review and Review Georgia Law Review.

Professor Connie de la Vega authored Diction-ary of International Human Rights Law (Edward ary of International Human Rights Law (Edward ary of International Human Rights LawElgar Publishing, 2013), providing an overview of the elements of human rights ideas. She presented a lecture at the Bringing Human Rights Home Lawyers’ Network spring 2013 meeting at Columbia Law School. De la Vega filed an amicus brief in the case of People v. Moffett before the People v. Moffett before the People v. MoffettCalifornia Supreme Court. She also gave a pre-sentation at the University of Southern California Gould School of Law International Human Rights Clinic arguing that the California Supreme Court should consider international treaty law and standards in determining whether the statute that provides that juvenile offenders can get life without parole sentences is unconstitutional.

Research Professor of Law and the Humanities John Denvir presented “Seeing the Big Picture: Why Law Fails in ‘The Wire’” at the Law and Popular Culture: International Perspec-tives conference hosted by the University of Tilburg in the Netherlands.

Professor Emeritus Jay Folberg contributed to two chapters in the book Educating Negotiators for a Connected World (DRI Press, 2013) edited for a Connected World (DRI Press, 2013) edited for a Connected Worldby Christopher Honeyman, James Coben, and Andrew Wei-Min Lee. The first chapter is titled “Principles for Designing Negotiation Instruc-tion,” co-authored with Ximena Bustamante, John Lande, and Joel Lee. The second chapter is titled “As We See It,” co-authored with Bee Chen Goh, Habib Chamoun-Nicolas, Ellen E. Deason, and Sukhsimranjit Singh.

Assistant Professor and Co-Director of the Law+Plus Program Rodney Fong was appointed to the American Bar Association’s Council for Racial and Ethnic Diversity in the Educational Pipeline. He was also appointed a member of the diversity committee of the Law School Admission Council.

Professor David Franklyn co-authored “Trade-marks as Search Engine Keywords: Much Ado About Something?” for the Harvard Journal of Law & Technology.

Professor Susan Freiwald authored “The Davis Good Faith Rule and Getting Answers to the Questions Jones Left Open” for the North Carolina Journal of Law & Technology. She authored “Managing the Muddled Mass of Big Data,” discussing the nature of large databases and how they can be organized for legal needs, and was selected to present her insight of the article at the Big Data and Privacy: Making Ends Meet forum offered by the Future of Privacy Forum and the Stanford Center for Internet and Society. She also participated in numerous media interviews regard-ing recent government surveillance, including in The Washington Post, NPR, PC World, and KTVU Channel 2.

Professor Bill Ong Hing served on the organiz-ing and planning committee for the Association of American Law Schools’ Workshop on Poverty, Immigration, and Property and presented at the plenary panel, “After SB 1070: Exclusion, Inclu-sion, and Immigrants.” He addressed graduate students on “The History of Asian Immigration and its Relation to the Current Immigration Reform Debate” at Washington University. He presented “The Immigration Reform and Control Act of 1986, and Lessons for Implementation of a Legalization Plan Today” to the Strategic Planning Committee of California Rural Legal Assistance Foundation.He received the Lifetime Achievement Award from

the San Mateo chapter of the Organization of Chinese Americans.

Professor Peter Jan Honigsberg authored “Linguistic Isolation: A New Human Rights Viola-tion Constituting Torture, and Cruel, Inhuman, and Degrading Treatment.” He also spoke about the Witness to Guantanamo project at UC Riverside’s Guantanamo Public Memory Project event.

Assistant Professor of Legal Writing and Director of the Legal Writing Program Grace Hum presented “How Legal Writing Professors Can Add (Even More) Value to the Law School Curriculum by Developing and Teaching Upper Division Skills-Based Courses” at Lead the Change, the Third Annual Western Regional Legal Writing Conference.

Professor Tim Iglesias authored “Framing Inclusionary Zoning: Exploring the Legality of Local Inclusionary Zoning and its Potential to Meet Affordable Housing Needs” for the Zoning and Planning Law Report.

Professor Alice Kaswan authored “Seven Prin-ciples for Equitable Adaptation” for the Sustain-able Development Law and Policy Journal. She was also interviewed by the Center for American Progress on government policies to foster more equitable climate adaptation.

Professor Emerita Virginia Kelsh was inter-was inter-was interviewed for the video collection “An Oral History of Law Librarianship” as part of Spinelli’s Law Library Reference Shelf (HeinOnline).

Professor Richard Leo received the 2014 Paul Tappan Award for outstanding contributions to the field of criminology from the Western Society of Criminology. He received the 2014 President’s Award from the Western Society of Criminology for

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Faculty Scholarship & Service

[ faculty focus ]


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Prof. Nice Featured in Harvard Book on Best Law Teachers

Herbst Foundation Professor of Law Julie Nice is one of a select set of law professors nationwide profiled in What the Best Law Teachers Do, published in September by Harvard University Press. The book,

authored by Michael Hunter Schwartz, Gerald F. Hess, and Sophie M. Spar-row, is based on a national qualitative study of 26 law professors nominated as “the best” by their peers and students. It identifies the methods, strategies, and personal traits of professors whose students achieve exceptional learning. Schwartz explained that students at the University of Denver, where Nice taught prior to joining USF, repeatedly referred him to Nice and her teaching style. “If that had happened once, it would have been no big deal, but it happened over and over and over again. When my co-authors and I looked further into the materials she sent us, it became clear that the Denver students were right—she is extraordinary.” Nice said it is an honor to be included in the book because she cares deeply about teaching effectively. “There’s magic in learning. I’ve seen it transform lives,” she said. “Whether on the micro level in each classroom or on the macro level of legal education, my goal is simply to keep raising the bar. No environment could be more sup-portive for pursuing excellence than at the USF School of Law, with one of the most dedicated and talented law teaching faculties in the nation.” Nice will join a dozen other featured teachers at the What the Best Law Teachers Do Conference to be held at Northwestern University School of Law on June 25-27, 2014, sponsored jointly by Northwestern and the Institute for Law Teaching and Learning. The workshops are intended to engage law profes-sors with the principles of teaching effectiveness identified in the study. [USF]

contributions to the field of criminology and posi-tive influence on the current Western Society of Criminology president’s career. Leo presented “Why Interrogation Contamination Occurs” at the Association of American Law Schools Mid-Year Meeting Conference on Criminal Justice.

Professor Rhonda Magee presented “A Personal Sense of Justice: Mindfulness-based Psychology as the Foundation of Law Student Well-being,” at the University of Colorado Work-shop and Colloquium on Law and Subjective Well-being. She presented “Mindfulness Across the Legal Curriculum” at the UC Berkeley School of Law Workshop on Mindfulness and Legal Education.

Herbst Foundation Professor of Law Julie Nice authored an article in the Huffington Post, “And Marriage Makes Three: A Gay Rights Trilogy Secures a Legacy,” discussing the role of the Su-preme Court in the gay rights movement. She also made a presentation titled, “Considering Religious Exemptions in the Context of Constitutional Com-mitments to Liberty and Equality” to the National LGBT Bar Association.

Dean John Trasviña authored an opinion piece in the San Francisco and Los Angeles Daily Journals, and The Huffington Post, “The Charge of Law Schools,” in response to President Obama’s suggestions of a two-year law school curriculum. Trasviña’s piece stressed the importance of en-suring a high quality and practical legal education.

Professor and Associate Dean for Faculty Scholarship Michelle Travis participated in a discussion hosted by the Santa Clara County Bar Association, “From Having It All to Leaning In: Career Advancement, Work-Life-Balance, and the Realities of Being a Woman Lawyer in the 21st Century.” She also participated in UC Hastings College of the Law Working Group on Pregnancy Accommodation. She was a signatory to amicus briefs with Young v. U.P.S. Inc., and Authors Guild, Inc. et al. v. Hathitrust, et al.

Director of the Dorraine Zief Law Library Ronald Wheeler was a featured speaker in the Conference of Newer Law Librarians, a section of the American Association of Law Libraries’ 106th Annual Meeting and Conference, regarding the value of American Association of Law Libraries and how to get involved in the Association as a newer law librarian.

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in learning. I’ve

seen it transform

lives. Whether on

the micro level in

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cation, my goal

is simply to keep

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Dean John Trasviña’s public service career reflects the values

central to his family, where social activism and justice were central

tenets and doing well in school and being active in the commu-

nity were expected. And he has made his parents proud. The San

Francisco native has left his mark at the Mexican American Legal

Defense and Educational Fund and served Presidents Clinton and

Obama in Washington, D.C., at the Departments of Justice and

Housing and Urban Development. Eager to return home to San

Francisco and help prepare the next generation of lawyers, Dean

Trasviña joined the USF School of Law in June. We sat down with

Dean Trasviña to talk about what inspires his activism, the need

for lawyers who give voice to the voiceless, and his vision for the

USF School of Law as it enters its second century.

Opening DOOrs tO Justice

With a distinguished career in public service, Dean John Trasviña is setting the path for USF’s second century.


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Where were you born and raised? I was born in Stanford Hospital and grew up in Ingleside Ter-race. My parents are both of Mexican origin. The first Trasviña came west from Spain in the 1680s to what is now Presidio, Texas, and proceeded to help found Chihuahua, Mexico. He was one of the first alcaldes and subsequently left thousands of acres of land to establish a Jesuit university. I am a native San Franciscan and proud product of our public schools. I “arrived” in 1958, the same year as the Giants. So for me, being at USF is coming full circle.

Did you ever visit the USF campus as a kid? I spent some time here when I was in elementary school. My mom taught Spanish at Mercy High. She entered public school teaching in 1967 in the first bilingual program and in the same year as the historic teacher strike. She went out, and I joined her at the picket line. They said she wouldn’t last as a teacher. Sure enough, by 1969, she was selected for a Ford Foundation internship program designed for minority teachers to become school administrators. While working full time, she studied for her master’s degree in school administration right here at USF. It was an experience that was meaningful to me because not only did I see how hard she was working during the day, but then she would come to USF for classes in the evening. She would pick me and one of my sisters up after school and we’d go to Campion Hall to study while she attended class and occasionally we’d walk over here to the law school. We would do our studying and then eat dinner in the USF cafeteria before she went back to class. Even years later she would sometimes want to come here for dinner because it was such good food!

How did your upbringing in San Francisco shape your career in law, government, and politics?I grew up in a family where social activism and justice were very important. My father was active in his union and my mom was very active in the community, particularly seeing the immigrant kids from inner city schools not being treated well. We lived near San Francisco State so it was impossible not to be caught up in the moment of ethnic studies, anti-war marches, desegregation of the public schools, our first Latino elected of-

ficials. I recall being thrilled to work on a political campaign for the first time. It was Dianne Feinstein’s campaign for supervisor in 1969. I was in fourth grade.

How does a fourth grader work on a political campaign?I passed out the literature at Stonestown and went door to door in the neighborhood. Even to this day when I have seen Sen. Feinstein in Washington I remind her that I worked on her campaign when I was in fourth grade. She’s been a real sup-porter and helpful to me in my career.

Who was most influential to you growing up?My mom. Her interests were very much in the community and she expected a lot from me. So a lot of things she was very involved in carried over to all of us as kids. My dad worked at night for KNBR radio and his hours were such that he was less directly involved. But I recently came across some letters he had written to me when I was off at Harvard that really encapsulated the way he was a source of strength for me. He wrote about always trying your best and taking new opportuni-ties so that years later you won’t have any regrets. My dad and I bonded around baseball. Since he was the only bilingual radio engineer here, the Latin American broadcasters enlisted his help for the 1972-74 Oakland A’s World Series broadcasts and he got me onto the field and into the press box. Pretty great for a 13-year-old!

Your parents must be proud of the career you’ve had. They have been. They prepared me for it and had faith in the things I could do. On one level, they were sort of tiger parents because they expected a lot—but always with love and support. I remember when I was at the Justice Department during the Clinton Administration, my mom would call me “Mr. Special Counsel” as in, “Mr. Special Counsel, it’s time to take out the garbage.”

Keeping you humble.Right.

“ I grew up in a family where social activism and justice were very important.”

Dean Trasviña with his parents, Carmen and Juan Trasviña, in 1976 in San Francisco.


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1976 Graduated with honors from Lowell High School in San Francisco

1976 Youth in Government Day with Board of Supervisors President John Molinari

1980 Earned his AB cum laude from Harvard University

1980-1984 Commissioner of the City and County of San Francisco’s Citizens’ Advisory Committee on Elections

1983 Earned his JD from Stanford Law School

1983-1985 Deputy City Attorney in San Francisco

1985-1987 Legislative Counsel at the Mexi-can American Legal Defense and Educational Fund (MALDEF)

1987-1993 General Coun-sel and Staff Director for the U.S. Senate Judiciary Subcom-mittee on the Constitution

1993-1997 Deputy Assistant Attorney General for Legislative Affairs at the U.S. Department of Justice

1997-2001 Special Coun-sel for Immigration Related Unfair Employment Practices at the U.S. Department of Justice,sworn in by Attorney GeneralJanet Reno

A member of the Reserve Officers’ Training Corps in high school in 1976.

The student representative to the San Francisco Unified School Board in 1976.

At home in 1976 sporting a USF shirt.

With Leo McCarthy, Thomas Hsieh, and Dianne Feinstein in 1980.

Receiving the California Labor Federation scholarship in 1976 to attend Harvard University.

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What influenced your path to law school?I wanted to be a lawyer ever since I can remember—except when I was 5 or 6 I wanted to be a tow truck driver so I could get my mother a nice car. I didn’t know lawyers personally, but I was inspired by some people in politics who were lawyers like Bob Gonzales, Bill Mallen, the Burtons, and Leo McCarthy. At Lowell, I enjoyed being on the debate team, being political editor of the school newspaper, and being in ROTC. All good preparation for law.

What was your most memorable experience as a law student?My first summer in law school I worked in Washington for MALDEF. They were involved in hearings on the bilingual provisions of the Voting Rights Act. For one of the hearings, MALDEF was asked to find an elections administrator who would say it was a good thing to have bilingual ballots. We

looked all over the country and couldn’t find anybody. They were controversial then, even in San Francisco. Finally I told them I had been appointed by Mayor Feinstein to serve on the city’s Citizens’ Advisory Committee on Elections and we had observed an improvement since the time the courts were involved. They said “Great, you’re going to be our witness.” So here I was as a first-year law student, and I am testifying in front of the U.S. House Judiciary Committee. I arrive in the morning, the room is packed, and all these famous people like Coretta Scott King are testifying. It was just amazing. But the end of the story is I was on the panel after lunch at which time there were only about a dozen people left in the room!

Throughout your career you have been involved in a broad range of political issues, from pregnancy dis-crimination to Asian American voting rights. What inspires your broad view of activism?One of my mentors early on, Henry Der, was the director of Chinese for Affirmative Action, which was trying to bring the Asian American community’s civil rights concerns to the table. I followed his model of being inclusive and very forward-look-ing. There’s a danger in saying that a particular issue is only important if it’s validated by the mainstream. It’s a responsibil-ity for people in public service to say you’re not fighting this issue by yourself. It shouldn’t be just a gay issue or a black is-

sue. These are American issues. It should be something that we all stand by. In order to ensure that other people care about the issues that affect me personally, I need to be in other people’s camps as well.

Tell us about your first job out of law school. I started as a deputy city attorney here in San Francisco and learned the meat and potatoes of litigation, which is something I didn’t get in law school. I always remember that at the time the good trial lawyers and a lot of the judges were usually from USF.

What was your first trial experience like?My first trial was representing a tree in Golden Gate Park that fell on a car. My next case was representing a police horse that was injured on the job. I started to think, I didn’t go to these fancy schools to not even represent people. But I got great experience.

What obstacles have you faced along the way in your profes-sional life? I have been fortunate enough not to have to focus on the obstacles but rather focus on a career path that has allowed me to do the kinds of things I was brought up and went

to law school to do. Working with and having the support of very good community leaders who were role models to me has been key. Also, the work that we are able to do in civil rights and education is much easier today than it was 25 or more years ago when there were very few lawyers of color who were able to break into public policy or law. So when I look at my career I overlook the obstacles, and look instead at how much harder it was for people of the previous generation to be able to succeed.

You’ve held a variety of positions. What has been the overriding goal in your career?My goal has been to serve, to use law in a way that opens the doors for people who would otherwise be marginalized. I some-times view my career through the lens of a few U.S. Supreme Court cases of particular meaning to me. The 1898 case of United States v. Wong Kim Ark in which a native San Francisco man in his 20s went on a trip to China, then was told he couldn’t come back into the U.S. because of the Chinese Exclusion Act. It took a young Chinese American man supported by his community and lawyers to go all the way to the U.S. Supreme Court for the proposition that if you are born here you are a U.S. citizen, a principle that dates back to 1608 but had not been honored for African Americans, Asians,

“As dean of the law school, I have an incredible opportunity and a responsibility to meet students and lead our faculty and staff to train the next generation of lawyers to serve our city, our state, and really anywhere people are in need of lawyers and justice.” U

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1998 Received the Asian American Bar Association of San Francisco’s Community Leadership Award

2002 Board member of the League of Women Voters’ San Francisco Chapter

2002-2004 Director of the Discrimination Research Center and Immigration Law Adjunct Instructor at Stanford Law School

2004-2005 Western Regional Director for the U.S. Commission on Civil Rights

2005-2009 President and General Counsel of Mexican American Legal Defense and Educational Fund (MALDEF)

2006 Honored as Attorney of the Year by La Raza Lawyers Association of San Francisco and the Hispanic National Bar Association

2009-2013 Assistant Secre-tary for Fair Housing and Equal Opportunity, U.S. Department of Housing and Urban Develop-ment

2009 Received the President’s Award from the Pasadena Chap-ter of the NAACP

2012 Presented with the Life-time Achievement Award by the Hispanic Bar Association of the District of Columbia, with U.S. Supreme Court Justice Sonia Sotomayor

June 2013 Joined the USF School of Law as Dean

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Receiving the Person of the Year Award from the Asian Real Estate Association of America in 2011.

With U.S. Supreme Court Justice Ruth Bader Ginsberg and Senator Paul Simon in 1993.

With Senator Ted Kennedy in 2008.

With President Barack Obama in 2011.

At the Martin Luther King Jr. Memorial Fair Housing Month Celebration in 2012.

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“�I�have�known�Dean�Trasviña�since�he�was�an�extern�for�me�when�I�was�on�the�California�Supreme�Court.�I�have�followed�his�distinguished�career�since�then.�The�USF�School�of�Law�is�fortunate�to�have�a�dean�who�works�well�with�his�colleagues,�who�knows�the�legal�profession�from�its�many�perspectives,�who�is�ener-getic,�and�who�will�lead�the�law�school�with�great�skill.�All�that�and�he�is�actually�a�very�nice�local�boy.”

CruzReynoso,BoocheverandBirdProfessorofLaw,UCDavis andformerAssociateJustice,CaliforniaSupremeCourt

“�My�friend�John�Trasviña�is�a�great�choice�for�dean�at�the�USF�School�of�Law,�because�he�is�a�civil�rights�advocate,�high-ranking�government�official,�and�San�Francisco�native.�Some�time�ago,�I�encouraged�him�to�consider�pursuing�this�job.�I�thought�it�would�be�a�perfect�fit.�It's�terrific�to�welcome�him�back�home,�and�I�look�forward�to�working�with�him�as�a�colleague.”

FrankWu,Dean,UCHastingsCollegeofLaw

“�John�Trasviña�has�a�great�range�of�skills,�experiences,�and�relationships�that�will�help�advance�our�law�school�well�into�the�future.”

GregBlaine’91,CEO,California PropertyServicesandmember ofthedeansearchcommittee

“�I’d�like�to�welcome�John�Trasviña�back�to�his�hometown�of�San�Francisco!�The�USF�School�of�Law�is�in�good�hands�with�Dean�Trasviña.�He�has�an�impressive�career�spanning�over�30�years�working�on�important�civil�rights�issues�such�as�voting�rights,�immigration�policy,�and�workers�rights.�Students�will�benefit�from�his�wealth��of�experience�and�his�deep�commitment�to�education�and�public�service.�“

GeorgeGascón,DistrictAttorney,CityandCountyofSanFrancisco

“�During�his�career,�Dean�Trasviña�has�advised�presidents,�members�of�Congress,�and��national�policymakers�regarding�important�civil�rights�and�immigration�reform�initiatives.�He�has�the�patience�to�listen�carefully�to�all�points�of�view,�the�intelligence�to�evaluate�problems�fairly,�and�the�courage�to�take��decisive�action.�Dean�Trasviña�brings�com-munity�and�public�service�leadership�together�with�a�deep�commitment�to�social�justice.�I�am�confident�that�he�will�be�an�outstand-ing�dean�of�the�University�of�San�Francisco�School�of�Law.”

SuzanneBolanos,Judge,SuperiorCourt ofCalifornia

“�Dean�Trasviña�is�both�an�experienced�leader�and�influential�national�legal�figure.�As�law�schools�undergo�a�monumental�transition,�Dean�Trasviña�has�the�skills,�expertise,�and�sensibilities�to�lead�the�USF�School�of�Law—�and�all�law�schools—to�make�the�changes�to�ensure�that�legal�education�is�practical,�critical,�and�affordable,�with�the�appropriate�bent�toward�social�justice.”�

� KevinJohnson,Dean,UCDavisSchoolofLaw

Praise from His Peers


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or Indians. Another is Meyer v. Nebraska in 1923, involving young children in the Midwest facing anti-German sentiment. Nebraska made English the official language and barred Ger-man from being taught in the classroom. It was a teacher and his students who challenged the law and lost until they got to the U.S. Supreme Court. The court ruled that the protection of the Constitution extends to all whether they speak English or not. Those types of examples of the underdog persisting to have their rights protected are what I think of when I am asked why I am attracted to law.

How does serving as dean of the USF School of Law play into those goals?It is about preparing and inspiring the next generation. As dean of the law school, I have an incredible opportunity and a responsibility to meet students and lead our faculty and staff to train the next generation of lawyers to serve our city, our state, and really anywhere people are in need of lawyers and justice.

There were other law schools hiring deans last year. Why were you attracted to lead USF in particular? This is home for me. When I began my career, in the city at-torney’s office, I saw what USF meant to the legal profession here. The good litigators, the supervising deputy city attorneys, the judges, all were part of the USF network. I’ve seen our past and a culture of service to our city. I also see that today, as the law school begins its second century, we have a responsibility to set that path for the future. So I come to USF because of its history locally but also because we really have a global mis-sion for justice everywhere. I’m really proud, for example, of the work that former dean and Professor Jeff Brand has done in Southeast Asia and that we are now known for our work in international human rights. I see needs for justice to be served and inequality to be eliminated at both a local and global level and USF is perfectly situated to do that. In addition, UC Hastings Dean Frank Wu, a friend and colleague since our Washington, D.C., days, helped show me the way.

What do you say to people who say there are too many lawyers in the world? I say that’s not my world. That’s not the world of people after Hurricane Katrina who lost their homes and had nowhere to turn. It’s not the world of people who are subjected to police misconduct, or violence in their own neighborhoods. It’s not the world of people who in their later years just want to write a will so that the earnings they worked so hard for are able to be turned over to their children or causes they want to support. People like that need lawyers and they often are inaccessible or unaffordable. We need lawyers in the small firms, in the public sector, and in public interest who can serve those needs and that’s what USF has always done. There are people who don’t have a voice and good lawyers can fill that void.

As USF enters its second century, how do you see the law school adapting to a changing legal market? The law profession itself is going through some of the biggest changes that we’ve ever seen, and some are permanent. The law schools that will survive in this era of change are the ones that can pivot and be nimble. We are doing this in a number of ways. First, we have the benefit of a supportive university. And we are investing in programs we are strong in, such as public sector work and practical skills training. Clinical programs, client counseling skills, problem solving skills, legal analysis, international law, those are the types of programs that will be the model and mirror of what a 21st century lawyer needs to fully serve his or her clients.

Will new areas of programming be developed?More and more you will see USF offering new LLM and joint degrees, as well as master’s programs and professional training that go beyond traditional JD students.

How is the law school supporting students and recent graduates as they navigate the current economic climate? We stand behind our graduates who are seeking employment in the midst of a troubled economy and changed legal market. We are committed to serving students long after they have graduat-ed. We have increased support in the Office of Career Planning for current students as well as recent graduates. For our current students, our goal is in getting them ready to practice law. This summer, we instituted new programs such as a supplemental bar prep course, Bar+Plus, to ensure that our students are best prepared for the exam. For those who have the desire and have the vision, we can prepare them for successful and rewarding careers.

How do you describe USF to others?USF is a unique place. It matches both one’s heart and one’s mind to be able to do good things by using the law. Our faculty includes some of the top scholars in the country in a variety of different fields. We equip students with the skills to fulfill their dreams of becoming effective and ethical legal professionals. USF prepares students to meet their needs but also to serve their values.

How does it feel to be back in San Francisco?I’m a Giants fan so one of the biggest improvements for me is not having to stay up until 1 in the morning Eastern time to listen to Giants games. It feels great to be home! [USF]


Big Battles,Big Victories

By Samantha Bronson


B y age 11, Jessica Grant ’95 was already practicing for her future career. She’d head to her bedroom, set up two tables—one for the plaintiff and one for the defense—and begin arguing her case. “When I was that age, it was more the perfor-mance aspect of being a trial lawyer,” said Grant, who recently joined Coblentz Patch Duffy & Bass LLP in San Francisco as a partner. “That’s certainly still an allure, but for me what really intrigues me about the practice of law is how it combines different aspects. It’s intellectual, it’s strategic, it’s creative, and then, obviously being in court, there’s a performance-related aspect to it.” Grant’s mastery of those aspects has been on display in recent months after she obtained an $816 million jury verdict for the State of New Hampshire in a trial against ExxonMobil. With that case—the latest in a string of high-profile wins—Grant, 45, further cemented her reputation as a trial attorney who can take on—and defeat—well-resourced foes, using absolute determination, intense hard work, and just a pint-sized team of dedicated attorneys. As the lead plaintiff ’s attorney in the three-month trial, Grant proved the oil company had been negli-gent when it added fuel additive MTBE to gasoline between 1989 and 2005, failing to warn consumers of the danger. Jurors deliberated for just 90 minutes before returning the verdict. The victory was hard-fought for Grant and her team of three other attorneys. When Grant took over the case three years ago, it had already been in the works for seven years with little hope for settlement with the remaining oil company defendants. She immediately saw the reason—the damages sought were too high.

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With a small legal team driven by her smart strategies, trial attorney Jessica Grant ’95 prevailed recently in two hard-fought class action suits, against giants exxonMobil and Wal-Mart, winning verdicts totaling more than $989 million.


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The state originally sought originally sought originally $2.2 billion from multiple compa-nies to clean up all drinking wells drinking wells drinking and other sites contaminatedwith any amount any amount any of MTBE. of MTBE. of Yet the state’s own regulations rec-ognized 13 parts per billion as the maximum allowable contami-nant level of MTBE. of MTBE. of

“I think one think one think of my of my of strengths my strengths my is that I have sort of an of an of uncannyability toability toability take a large a large a amount of information of information of and synthesizeit very quickly very quickly very and quickly and quickly know what’s know what’s know important and what’s not,”Grant said.

Grant restructured the case, reducing the reducing the reducing number of claims of claims ofand taking off taking off taking more off more off than $1 billion in damages to reflect onlycleanup of wells of wells of and sites with MTBE levels higher than thestate’s limit. The move significantly strengthened significantly strengthened significantly the case andopened the door to settling with settling with settling some of the of the of major defendants,including Shellincluding Shellincluding and Sunoco. That, Grant said, then created adomino effect and by the by the by time the trial began in January, thestate had settled with all defendants except Exxon and Citgo.

Citgo settled the first day of day of day trial, of trial, of after Grant devoted one-third of her of her of three-hour opening statement opening statement opening to the company.One of the of the of biggest challenges of the of the of trial, Grant said, was simplyhow hugehow hugehow it was—thousands of drinking of drinking of wells drinking wells drinking and hundreds ofother sites were contaminated with MTBE. Not only did only did only shehave to prove Exxon’s liability, but she needed to tell a compel- a compel- aling, understandable story out story out story of an of an of issue full of scientific of scientific of fieldssuch as hydrology and hydrology and hydrology toxicology. Grant drastically cut drastically cut drastically thenumber of expert of expert of witnesses—from 19 to 5—and stripped outall scientific jargon, instead explaining concepts explaining concepts explaining in a way a way a that way that waywas easy for easy for easy jurors to understand.

Grant also had to persuade the judge to use the concept ofmarket share—the first time it was used in New Hampshire— New Hampshire— Newin determining how determining how determining much how much how of the of the of cleanup costs Exxon was liablefor. Because the jury agreed jury agreed jury with Grant that Exxon held about28 percent of the of the of MTBE gasoline market, it determined thatthe company was company was company responsible for 28 percent of the of the of $816 mil-lion needed to clean up all contaminated sites, or $236 million.Grant had already secured already secured already $130 million in settlements fromthe other oil companies. The remainder of the of the of verdict will gounpaid; however, with interest, Exxon will ultimately pay ultimately pay ultimately more pay more paythan $400 million, Grant said. Exxon is appealing the appealing the appealing verdict.

That Grant was facing such facing such facing a well-funded a well-funded a company didn’t company didn’t companyfaze her. In fact, she’d already taken already taken already on one of the of the of world’s largest

corporations in a previous a previous a case. And won.In 2005, Grant faced Wal-Mart, leading the leading the leading three-lawyer trial

team in Savaglio etSavaglio etSavaglio al. et al. et v. Wal-Mart Stores, Wal-Mart Stores, Wal-Mart Inc., a class a class a action onbehalf ofbehalf ofbehalf 116,000 of 116,000 of employees who claimed they were they were they denied mealand rest breaks. An Alameda County Alameda County Alameda jury County jury County returned jury returned jury a $172 a $172 a mil-lion verdict after a four-month a four-month a trial.

Grant had her moments of disbelief of disbelief of in disbelief in disbelief the inequities of re- of re- ofsources between the two sides. Getting ready Getting ready Getting for ready for ready jury selection, jury selection, juryfor example, Grant and her team were huddled on the floor ofa tinya tinya hotel tiny hotel tiny room at the Oakland Marriott, using post-it using post-it using notes.Wal-Mart’s team of lawyers, of lawyers, of meanwhile, had reserved the entirefourth floor of the of the of hotel and was using jury using jury using consultants. jury consultants. jury YetGrant never doubted her ability to ability to ability ultimately prevail. ultimately prevail. ultimately

“I’ve gone up against some of the of the of best trial lawyers in thecountry incountry incountry these cases and I’ve had people ask me ask me ask if I if I if was intimi-dated,” Grant says. “The funny thing funny thing funny is thing is thing that no, I haven’t beenintimidated because I’m really against really against really myself. I’m always tryingto think of think of think every of every of vulnerability, every vulnerability, every of every of every of weakness, every weakness, every figure outevery conceivableevery conceivableevery way I way I way could be attacked and plan accordingly.So many times many times many when a lawyer a lawyer a on the other side does something,I’ve already thought already thought already about it and have a plan. a plan. a My goal My goal My is alwaysto out-work, out-strategize, and out-think the out-think the out-think other side.”

The Hon. Ronald Sabraw, the Alameda County Alameda County Alameda Superior County Superior CountyCourt judge who presided over the Wal-Mart trial, said Grant’sdetermination was evident throughout the trial. What struckhim, Sabraw said, Sabraw said, Sabraw was Grant’s ability to ability to ability remain singularly fo- singularly fo- singularlycused on whatever the issue was that particular day, regardless ofdecisions that didn’t go her way.

“Her victories are hard-earned and born of copious of copious of prepara-tion and thorough presentation,” said Sabraw, now retired now retired now fromthe bench and working fulltime working fulltime working for JAMS in San Francisco. “Shedoesn’t cut corners. She’s dedicated to the process, dedicated toclients. She brings together so many of many of many the of the of things you’d like tosee in great lawyers. She’s kind of the of the of complete package.”

Grant credits her experience with the Wal-Mart trial as provid-ing hering hering with a tremendous a tremendous a amount of confidence. of confidence. of

“It really showed really showed really me that I could be up against the world’smost powerful corporation, with unlimited resources, tons oflawyers,” Grant said. “It really showed really showed really me the value of a of a of small a small ateam who, if they’re if they’re if committed and dedicated, can really get really get reallystunning results.”stunning results.”stunning


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For her work on the Wal-Mart case, Grant received a Califor-nia Lawyer Attorney of the Year Award. Three years later, she was heading up another high-profile case, this time successfully de-fending Intel Corporation in a $450 million breach of contract and patent case. Grant is quick to point out that each of her three high-profile cases touched on very different aspects of the law. “I’m more of a generalist, which is more old-school,” she said. Instead, she said, if she has a specialization, it’s on the type of case—novel, complex, and difficult to manage. “A lot of these involved novel issues where I didn’t have any precedent,” she said. “I had to kind of invent the wheel and that made it a lot more challenging, obviously.” She’s long believed that the she can get up to speed on the underlying areas of the law and focuses on strategizing every pos-sible twist and turn of the case. In fact, each of her three high-profile cases represented the first time she’d tackled a case in that particular area of the law. “I don’t really think I’m a litigator, I think I’m a strategist,” Grant said. “That’s basically how I view what I do best.” She accomplishes that by knowing each case inside and out and better than anyone else. Every document, every witness tran-script, every piece of evidence in the case, she has seen herself. She prepares all her examinations and demonstratives, drawing stick figures for the graphics team instead of simply handing over the complaint. “I have a very clear vision of how I want the case presented, and I think that my client deserves my eyeballs and fingerprints on every part of the case,” said Grant, adding her approach remains the same regardless of how big—or small—the case is. Pamela Duffy of Coblentz Patch Duffy & Bass said one of the more remarkable things about Grant is that she absorbs, listens, and understands and then thinks strategically, as opposed to simply repeating the information she’s just learned. She described Grant as “confident without hubris, exceptionally talented without self-aggrandizement, and highly recognized but quick to share the spotlight with others.” “You’ve either got those things or you don’t,” Duffy said. “Jes-sica’s got all those things and then she’s got the brilliance and ability to carry her as far as she wants to go.”

So how did the 11-year-old girl playing lawyer in her bedroom get to this point? Throughout her teen years, Grant remained focused on becoming a lawyer. After earning a bachelor’s degree in rhetoric from UC Berkeley, she began at the USF School of Law, eager to actively pursue her long-held vision. She had no interest in being on the law review; instead she sought out every form of moot court the school offered and participated in the narcotics prosecution clinic. “Anything where I could be standing on my feet doing something that resembled being a lawyer, that’s what I wanted to do,” said Grant, who now serves on the USF School of Law Board of Governors. Even in law school, her professors saw a glimpse of her future as a trial attorney. “Jessica was a very good student, smart and articulate. But that’s true of lots of students,” said Professor Jeffrey Brand, who had Grant for three classes. “In addition, Jessica had a presence and quickness that suggested early on that she would be a terrific trial lawyer. Those qualities, combined with her passion for the law and using her skills to make a difference, set her apart.” After graduation, Grant began working at a small firm where, the day after being sworn in as a lawyer, she took her first deposi-tion. She was soon handling arbitrations, going to court, and managing her own caseload. Those early experiences, Grant said, allowed her to see how the decisions she made early on eventually played out. She said having that birds-eye view from the very beginning of her career has informed the way she practices law. It will no doubt continue to inform her approach as she builds on her success to reach her goal of being on the short list of go-to trial lawyers in the nation. It’s a list that’s primarily populated with men—most of whom are much older than Grant—but she simply sees her age and gender as working in her favor. After all, she’s already dealt with others underestimating her because she’s a woman. “I’ve seen some people have chips on their shoulders for that, but I don’t,” Grant said. “If someone’s going to underestimate me, that’s great. I just sort of smile on the inside and think, ‘You’ll see.’” No one is underestimating her now. [USF]

“If someone’s going to underestimate me, that’s great. I just sort of smile on the inside and think, ‘You’ll see.’”


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[ GivinG back ]

Announcing the Jeffrey S. Brand PURSUIT OF JUSTICE FELLOWSHIP

“ The Brand Fellowship is a triple play— it recognizes Jeff ’s lifetime commitment to justice, supports the law school financially, and helps students get employed after graduating.”

Peter Folger ’73

USF School of Law is proud to announce the Jeffrey S. Brand Pursuit of Justice Fellowship, which will provide post-graduate

fellowships in honor of Professor Jeffrey Brand, who stepped down recently after 14 years as dean. Alumni and friends developed the idea for the fellowship as a way to thank Brand for his years of service as dean and, most importantly, to help those to whom his work is dedicated—the law students of the University of San Francisco. “Jeff has encouraged many students, through his own personal com-mitment, to participate in changing the world and to follow his personal example of living a life for a just purpose,” said Judge Judith A. Epstein ’77, who helped design the fellowship. “We wanted to make sure that inspiration would be carried forward, and that we could create a struc-ture to ensure the continuation of Jeff ’s efforts for future generations.” The Brand Fellowship will provide an opportunity for recent gradu-ates to use their legal skills and to pursue their dreams that brought them to the law school. Once the fund is fully endowed, one graduate each year who has passed the bar exam will receive funding to work for at least one year at a local, national, or international organization engaged in legal and/or policy work consistent with the mission of the USF School of Law. Fellows will have the opportunity to strengthen

their legal practice skills and to utilize those skills in an environment reflective of the law school’s commitment to social justice. “Everything Jeff does, he does with grace, style, enthusiasm, and good will. Through-out his deanship, he called all of us, students, faculty, administrators, and alumni, to a higher ground, reminding us of the nobility of the law and the practice thereof,” said Peter Folger ’73, a key partner in the creation of the fellowship. “With Jeff, it’s never about him, and that made it hard to find a way to honor him. I encourage my fellow alumni, if they’re interested in help-ing the law school, to help students get jobs after school. The Brand Fellowship is a triple

play—it recognizes Jeff ’s lifetime commitment to justice, supports the law school financially, and helps students get employed after graduating.” For more information about contributing to the Brand Pursuit of Justice Fellow-ship, please contact Robin Keating, director of development and alumni relations, at (415) 422-2551 or [email protected]. [USF]


Judge S. Lee Vavuris ’44 believed strongly in the rule of law, the pursuit of justice, and the application of common sense and fairness

when solving problems. And he and his wife, Angela, together believed in the power of philanthropy. When she passed away last year, 12 years after him, she left a $100,000 gift to USF School of Law in his honor. With the Vavurises’ generous unrestricted gift, the School of Law will address some of our most pressing needs: creating scholarships for the most promising of students, maximizing cocurricular opportunities, and attracting world-class faculty. This translates into more students receiving a hands-on practical education so they can become skilled, ethical, and engaged legal professionals. The Vavurises supported a wide range of charities and churches during their lifetimes. Angela also funded a scholarship in Judge Vavuris’ memory, administered by the Greek Orthodox Cathedral of the Annunciation, to provide scholarships to law students of Greek decent or the Greek Orthodox faith, with preference for students attending the USF School of Law. Vavuris was a San Francisco native whose road to a law degree was interrupted for several years by tuberculosis and service in the army during World War II. After he earned his law degree from the USF School of Law in 1944, he spent 22 years in general practice. He was then appointed, in 1966, to the Municipal Court bench by Governor Pat Brown. In 1971, he was elevated by Governor Ronald Reagan to the Superior Court, and was re-elected repeatedly until he retired in 1984. He also participated in numer-ous community organizations, including the San Francisco Library Commission, the Helpers of Mentally Retarded Children, and the San Francisco Bar Association. His time on the bench was notable for his pursuit of truth and justice, and he was known for not backing down or shying away from a challenge—even when he received death threats during the volatile Soledad Brothers case, where three inmates were charged with the murder of a prison guard at Soledad prison in 1970. As long-time friend Peter Bagatelos ’74 described, “If Lee had lived 100 years ago, he would have been the Marshall of Dodge City.” Vavuris frequently mentored young attorneys and community members, and his wisdom and laughter are missed by all. The USF law school community thanks and remembers him for his contributions to the legal arena and his support of future generations of lawyers. “Judge Vavuris represents an era in San Francisco when some of our greatest public servants came from the Greek-American community—men such as Mayors George Christopher and Art Agnos, City Attorney George Agnost, and Supervisor Peter Tamaras,” Dean John Trasviña said. “Through his and his widow’s kind gift, Judge Vavuris continues that legacy of service by funding scholarships to our next genera-tion of law students.” [USF]

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Judge S. Lee and Angela Vavuris Leave $100,000 Gift to USF School of Law

We are grateful to the many alumni, faculty, staff, and friends who have contributed to the USF School of Law in the past year. Visit www.usfca.edu/law/donor_honor_roll for a complete list of donors. Thank you all for your generosity!

Honor Roll of Donors

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N early 300 graduating students, alumni, faculty, and staff gathered at the InterContinental Hotel May 15 to salute the Class of 2013 and present a number

of faculty and student awards at the annual Alumni Graduates Dinner.

For the tenth time, Professor John Adler received the Dis-tinguished Professor Award, which is voted on by graduating students. In accepting the award, Adler recognized the law school’s “phenomenal collection of teachers” and the “engaged and engaging students.”

Acknowledging the challenge graduates have ahead, Adler reflected on his own winding career path and encouraged students to “be optimistic and follow your own path. As my cowboy neighbor used to say, ‘When you drink from the stream, make sure you’re upstream from the herd.’ Who knows what he meant,” Adler laughed, “but I think that means you should think outside the box and do what you need to do to get there, and be separate from the herd.”

The Hon. Ira A. Brown Jr. Distinguished Adjunct Professor Award was presented to Peter Harvey, a partner with HarveySiskind LLP and counsel for the International Trademark As-sociation. About teaching entertainment and media law, Harvey

said, “I can’t tell you how much a gift teaching has been for me. Standing before students each year helps me ask the questions I need to ask.”

Student Bar Association President Jamal Anderson ’13 received the Student Bar Association Award, which is voted on by the graduating class to recognize character, service, and leader-ship. Earlier in the evening Anderson and Tom Trombadore ’88, president of the law school’s Board of Governors, each honored former dean Jeffrey Brand, as he prepared to step down after 14 years as dean, for his accomplishments and deep connections to students and alumni.

The event was supported by Benefactor Anne and Robert ’75 Arns/Tournesol Winery, Patron Trombadore Gonden Law Group LLP, and Sponsor Murphy Pearson Bradley & Feeney.

Find more photos at bit.ly/alumgrad2013. [USF]

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Alumni Graduates Dinner 2014Connect with graduating students,

alumni, faculty, and staffMay 14, 2014 | San Francisco

www.usfca.edu/law/alumgrad

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Top left (left to right): Former dean and Professor Jeffrey Brand, Gina Arico-Smith ’88, J. Thomas Trombadore ’88, and Jamal Anderson ’13.

Top right (left to right): William Layne ’13, Jacqueline Duran ’13, and Jesse Arana ’13.

Bottom left (left to right): Lauren Yang ’13, Stephanie Herrmann ’13, and John Sorenson ’13.


1963Donald Carroll ’63, an adjunct professor the USF School of Law, was welcomed into Catholic Scholars for Worker Justice. He addressed the group at its annual meeting in Berkeley on the subject of the immorality of the at-will em-ployment doctrine.

1967James Lassart ’67 is a senior trial counsel at Murphy Pearson Bradley & Feeney’s San Francisco office.

1968Michael D. Cooper ’68, partner at Wendel, Rosen, Black & Dean LLP, was selected by his peers for inclusion in The Best Lawyers in America 2014.Albert Russell ’68 was profiled in Palo Alto Online recognizing his roles and contribution to the education system in Palo Alto.

1969Edward J. Imwinkelried ’69, a professor at UC Davis School of Law, has authored “Determining Preliminary Facts Under Federal Rule 104” for the American Jurisprudence Trials journal.

1974Bryan F. Foster ’74 was profiled in an article in the Daily Journal. Hon. James Mize ’74 has been selected as Judge of the Year by the Family Law Section of the State Bar.Hon. Mary Jane Theis ’74 was the honorary degree recipient at the John Marshall Law School’s 195th commencement ceremony in Chicago, Ill.

1975Kathleen E. Foote ’75 will be honored as Antitrust Lawyer of the Year by the State Bar of California in October 2013.Gregory Lane Hunter ’75 was featured in the summer 2013 issue of the Cal Alumni Association’s

Class Notes

USF School of Law Alumni Board of Governors: (from left) Cameron Cloar, Michael Laurenson, Stacy Miller Azcarate, Henry Brown, Elinor Leary, Barbara Moser, Tom Trombadore (presidentAzcarate, Henry Brown, Elinor Leary, Barbara Moser, Tom Trombadore (presidentAzcarate, Henry Brown, Elinor Leary, Barbara Moser, Tom Trombadore ( ), Dean John Trasviña, Christopher president), Dean John Trasviña, Christopher presidentViadro, Diane Webb, Manny Fortes, and Daniel Dean. Not pictured: Jeffrey Belote, Aileen Casanave, Adrian Driscoll, Jessica Grant, William Grayson, Merton Howard, David McDonald, Faisal Shah, Peter Toren, and Denise Trani-Morris.

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Upcoming Events

Save the date to join us at these USF School of Law events. More information available at www.usfca.edu/law/events.

October 26

Reunion Gala – All classes invitedReception by decades at 6 p.m.Dinner at 7 p.m.Hosted bar throughout the evening InterContinental San Francisco888 Howard StreetSan Franciscowww.usfca.edu/law/reunion

October 30

Meet the Dean Alumni ReceptionReno, NV

November 8

Public Interest Law Foundation Annual Gala Auction and Award Ceremony Featuring Honoree Tani Cantil-Sakauye, chief justice of the California Supreme CourtSan Francisco

November 14

USF Women Lawyers Committee Fall Fundraiser San Francisco

December 4

2013 Holiday Luncheon and Alum of the Year Award Featuring Honoree Stephen A. Hamill ’78San Francisco

December 6

Swearing-in CeremonySan Francisco

January 31

2014 Law Review Symposium: Ethics San Francisco

March 27

10th Annual Pemberton Lecture on Workplace JusticeSan Francisco


Growing up in the only Chinese-Ameri-can family in her small town in Califor-nia, Jenny Tsai was instilled with a drive to help outsiders. After graduating from the USF School of Law in 1998, she and fellow classmate Roger Green opened Green and Tsai, a small immigration law practice in downtown San Francisco, which is now celebrating its second Ninth Circuit victory, Regalado-Escobar v. Holder. In this case, their Salvadoran client was approached by guerrillas, during the country’s violent civil war, to join their cause. He was physically assaulted when he did not join. He fled to the United States for safety, but his request for asylum was denied. With Green and Tsai’s help, he fought to stay in the country, and the question on appeal was whether opposing violence is political opinion and therefore a recognized basis for asylum. The Ninth Circuit grappled with issues includ-ing politics and the use of violence. In June, the court ruled that violence could be seen as part of political opinion, and remanded the case to the lower court for review. It is likely that their client will be granted asylum. This case has important implications for all who resist political violence. With this broader definition of political opinion, more immigrants will likely qualify for asylum.

Their recent success builds on a previous Ninth Circuit victory of Green and Tsai’s, Guzman-Andrade v. Ashcroft in 2005, in which they asked the court to review whether it has jurisdiction to consider appeals to Immigration and Naturalization Service (INS) decisions. In that case, the Ninth Circuit ruled in their favor that it did have jurisdiction, and the verdict opened up a venue for appealing INS decisions, when there pre-viously had been no such opportunity. “Everyone talks about theories regard-

ing immigration in the big picture as it pertains to the mil-lions and millions of immigrants that may or may not stay in this country,” said Tsai. “I focus on one client at a time.” Tsai explained how valuable her USF law school educa-tion has been to her legal career. “Legal research is the most important,” and she gained a strong foundation in it while at USF and found it critical to their Ninth Circuit wins. “With the ability to do legal research, you can practice almost any law you want.” When asked what advice she has for students and new graduates, Tsai shared the principle that has guided her career: “Make sure you are helping the people you want to. Have a passion for whatever it is you do.” [USF]

Ninth Circuit Victories by Alumni Improve Immigration Opportunities

A L u M N I P R O F I L E : J E N N y T S A I ’ 9 8

California magazine. His running exploits, including finishing 19 consecutive Boston Marathons including the 2013 race, and recom-mendations for daily exercise and happiness were noted.

1977Dale Brodsky ’77 was appointed to the California Fair Employment and Housing Council. Brodsky is a part-ner at Beeson Tayer and Bodine and was also an adjunct law professor at the USF School of Law.Sarah Crawford ’77 has been named executive director of Friends

of the Natural Energy Laboratory of Hawaii Authority on the Big Island.

1978Andrew Kluger ’78 is chairman of the board of trustees of The Mexican Museum in San Francisco.

1979Charles Louderback ’79 has opened his own firm, the Loud-erback Law Group. Louderback focuses on employment law and business litigation. He is joined by Sean Broderick ’01.

Hon. M. Lynn Duryee ’79 was pro-filed in an article in the Daily Journal.

1980Michael Boland ’80 was elected to the American Board of Trial Lawyers. He has practiced insurance defense litigation in San Francisco since 1981.Maureen Brooks ’80 was featured in Arizona’s Green Valley News & Sun article “Explore joys of opera with OLLI group leader.” Adrian Driscoll ’80 is a senior trial counsel at Murphy Pearson Bradley & Feeney’s San Francisco office.

Esther Z. Hirsh ’80 co-authored a chapter in California Transactions Forms Business Entities with Patricia Hughes Mills.

1981Stephen M. Murphy ’81 was named one of Super Lawyers magazine’s top 100 attorneys in Northern California for 2013.

1983Hon. Beverly Wood ’83 was ap-pointed by Gov. Jerry Brown to be a judge on the Marin County Supe-

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rior Court. Wood served as a com-missioner at the court since 2005.

1985Alan J. Wilhelmy ’85 contributed several chapters regarding arbitra-tion in the Alternative Dispute Resolu-tion Practice Guide.

1987Allan Anderson ’87 joined the complex litigation practice at Ar-ent Fox LLP as partner. He was previously the managing partner at the Los Angeles office of Ropers Majeski Kohn Bentley PC, and a fellow of the Litigation Counsel of America.

1988Carlos Rincon ’88, founding part-ner of Rincon Law Group, P.C., was awarded the 2013 DRI Sheryl J. Wilert Pioneer Diversity Award for his lifetime work in demonstrating and embracing inclusion and diver-sity in the legal profession.

1990Gini Graham Scott ’90 is a founder of Changemakers Publishing and Writing and has published books with major companies. She is at work on a film titled “The Suicide Party.”Barbara Moser ’90 was featured in the San Francisco Business Times. She was voted as one of the Top 100 Lawyers in Northern California by Super Lawyers and is also on the Top 50 Women Lawyers list. Additionally, she has been voted as the “Best Lawyer” in San Francisco by the readers of the Jewish News Weekly of Northern California.

1991Jean Afterman ’91, assistant general manager of the New York Yankees, was profiled in the Bloom-berg article “Managing Yankees as She Liked It Put Afterman in Baseball’s Trio.”Frederick Carr ’91 of Carr & Venner ADR was profiled in the Daily Journal article “The Eye of the Storm.”

1992Daniel Dean ’92 was elected to serve a three-year term on the State Bar of California Board of Trustees. Dean has served with community and legal groups and is a judge pro tem with the San Francisco County Superior Court.

1993Steven Kassirer ’93 was featured in the Rochester Democrat and Chronicle article “Brockport Gradu-ate Gets a Second Chance to Learn and Live.”

1994Lisa Cappelluti ’94 has been selected as the 2013 chair of the executive committee of the litigation section of the State Bar.Hon. Christopher Krueger ’94, Superior Court Judge of Sacramento County, was profiled in the Daily Journal article “Methodical Man.”Robert L. Rosenthal ’94 was selected for inclusion for The Best Lawyers in America 2014.Stephanie Shimazu ’94 has been appointed chief counsel at the California Department of Forestry and Fire Protection. Shimazu was an attorney at the California Department of Alcohol and Drug Programs and the California Department of Social Services.

1995Jessica Grant ’95 was profiled for the San Antonio Express article “Lawyer in NH Exxon Mobil case has string of wins” and The Recorder’s “Drawing on Lessons from Wal-Mart Battle, Lawyer Defeats Bigger Gi-ant.” She was also selected by the Daily Journal as a Top 100 Lawyer in California for 2013. Grant recently joined Coblentz Patch Duffy & Bass LLP from Sher Leff LLP and will focus on complex litigation.Tamara F. Lawson ’95, a tenured professor at St. Thomas University School of Law, has authored “A Fresh Cut in an Old Wound—A Critical Analysis of the Trayvon Martin Killing: The Public Outcry, the Prosecutors’ Discretion, and the Stand Your Ground Law” in the

University of Florida Journal of Law and Public Policy, and “Powerless Against Police Brutality: A Felon’s Story” in the St. Thomas Law Review.Sylvia Luke ’95 was featured in an article in Hawaii’s weekly publica-tion Midweek titled “Sylvia Luke: First Woman Speaker?” Luke is a member of the Hawaii House of Representatives.

1996Hon. Rochelle East ’96 was ap-pointed by Gov. Jerry Brown to be a judge on the San Francisco County Superior Court. East was formerly chief deputy attorney general at the California Department of Justice.Nancy LaRonda Johnson ’96 was featured in the San Mateo Daily Journal article, “San Mateo County Probation Officer Publishes Novel.”Brendon Woods ’96, appointed in 2012 as Alameda County Public Defender, was profiled in the East Bay Express article “Balancing the Scales of Justice.”

1997David C. Lee ’97 has joined the commercial and business litigation practice at Michelman & Robinson, LLP. Lee was previously the litigation department co-chair at Fitzgerald Abbott & Beardsley LLP.

1998Michon Martin ’98 has been appointed general counsel of the Nevada governor’s office. Martin was the chief deputy attorney general, where she served as the lead tobacco counsel in nationwide litigation and manages the state’s tobacco enforcement unit.J. Gregg Miller Jr. ’98 has joined the land use and real estate group at Coblentz Patch Duffy & Bass LLP as a partner, where he will continue his work on complex real estate and land use matters. Previously, he was a partner at Pillsbury Winthrop Shaw Pittman in San Francisco.

1999Ashley Gould ’99 was appointed chief legal officer of Hyperion Therapeutics. She will serve as the

company’s in-house legal counsel and lead public and governmental affairs activities.

2001Sean Broderick ’01 joined Loud-erback Law Group, and specializes in and represents private and public sector employers in labor and em-ployment law matters.Kathryn Mente ’01 is a senior labor and employee relations advocate at UC San Francisco.Stephen Modde ’01 has accepted an attorney position in the contracts division of the Federal Reserve Bank of San Francisco.Huy Hoang Nguyen ’01 has co-authored “Procedures and the Impact of the U.S.-Vietnam Trade Agreement” in the Transactional Joint Ventures Database.

2002Sylvia Duran ’02 is deputy county counsel for the County of Tehama.Michelle Johnings Seifert ’02 founded Fillmore Search Group in spring 2012, a full service staffing and recruiting boutique. Dana C. Tsubota ’02 joined the construction group of Wendel, Rosen, Black & Dean LLP. Tsubota focuses on business and commer-cial litigation, construction litigation, commercial leasing, and landlord-tenant litigation.

2005Travis Guerre ’05 joined Servi-ceNow, Inc. as senior corporate counsel, global partnerships and technology alliances and Latin America legal counsel. His practice focuses on intellectual property and international business.Constantine “Gus” Panagotacos ’05 is a partner at Dunn and Pana-gotacos LLP.Adam Sugarman ’05 of Gordon & Rees was recognized at The Re-corder’s Lawyers on the Fast Track reception. Sugarman was among 50 attorneys in California acknowledged this year.


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[ alumni news ]

2007David Xue ’07 has joined the intellectual property team at Duane Morris LLP. Xue has represented clients and counseled technol-ogy companies on patent-related matters. His expertise includes computer software and hardware, medical devices, and telecommuni-cations.

2008 Anne Costin ’08 has opened her own law firm, Costin Law Inc., where she focuses on represent-ing employees in discrimination, harassment, and retaliation civil rights cases. Costin was previously with the Dolan Law Firm, and since 2011 has also served as an adjunct professor for USF’s Employment Law Clinic. Chet McGensy ’08 was selected as a nominee for Sacramento Business Journal’s section “40 Under 40.”Lauren Valk ’08 was recently included in the counsel list on the California Supreme Court opinion for Neighbors for Smart Rail v. Exposition Metro Line Construction Authority.

2009 Cameron Cloar ’09, litigation associate in Nixon Peabody’s San Francisco office, won a discrimina-tion case in partnership with the ACLU of Southern California against Hesperia school district, resulting in new policies to support gay and

lesbian students. Jonathan Jaffe ’09 filed a class action suit against Facebook over its “Sponsored Stories” ad program, and won a $20 million negotiated settlement.Jeffrey Kaloustian ’09 has launched a new website for The Law Offices of Jeffrey L. Kaloustian. He focuses on legal services in criminal defense, personal injury, family law, mediation, and alternative dispute resolution.

2010Sachi Barreiro ’10 has joined The Mitzel Group as an associate. Her practice focuses on counseling employers on employment issues, drafting employment-related agree-ments, and advising businesses on all aspects of corporate and busi-ness transactions.Lesley Vittetoe Tepper ’10 is an associate at the plaintiffs’ class ac-tion firm Girard Gibbs LLP focusing on securities arbitration.

2011Hillary W. Amster ’11 is an interna-tional law fellow at American Society of International Law.Michael B. Brown ’11 was featured in the Visalia Times-Delta article “Visalia Newcomer Running for City Council.”Charles Millioen ’11 is a deputy public defender at the San Diego County Office of the Public Defender.Richard Nace ’11 is an associate

for CJH & Associates in Oakland, where he focuses on contract and corporate disputes, corporate for-mation, and estate planning.

2012Liz Aleman ’12 received an Equal Justice Works Fellowship after graduation and is now working at the East Bay Children’s Law Offices as a dependency attorney leading the AB12 project.Paige Fowler '12 is a mitigation specialist at the Mississippi Office of Post-Conviction Counsel.Carmen L. Franklin ’12 is the rural fair housing center manager at California Rural Legal Assistance, a nonprofit law firm for low-income clients. Ruben Guerra ’12 is the workers’ rights program coordinator at La Raza Centro Legal.Nazita Lajevardi ’12 is in the second year of a five-year political science program at UC San Diego. She is studying race in American politics.Michael McQuinn ’12 has been appointed by Governor Edmund G. Brown Jr. as assistant general coun-sel at the Department of Business Oversight, California’s securities and financial services regulator.Brent A. Robinson ’12 is an at-torney with Liberation Law Group, PC in San Francisco. He is currently second chair on a wrongful death case set for trial in December, and he regularly assists his firm’s clients with employment law matters.

David Rubin ’12 is a staff attorney/Public Defender Corps Fellow at the 15th Judicial District Public Defender’s Office in Lafayette, La.Mikouya Sargizian ’12 authored “Counterfeit Chic: Society’s Friend of Foe?” in the University of San Francisco School of Law Intellectual Property Law Bulletin.Jihan Emma Spearman ’12 works for Wells Fargo’s Digital Channels Group on financial services, compli-ance, digital security strategy.

2013Kathryn Fraser ’13 was on the three-person team that won the prestigious Robert F. Wagner Na-tional Labor and Employment Law Moot Court Competition in 2013, and was named most outstanding oral advocate of the competition.

In MemoriamWe announce with sadness the passing of:

John Contos ’51, August 2013Edward M. Riordan BS ’58 JD ’62, May 2013Eugene Crew ’63, August 2013Ivan Gabor Szanto ’65, July 2013Robert D. Clark ’66, April 2013Donato Marquez Tapia ’72, July 2013Robert E. O’Connell ’78, July 2013 Samuel H. Gottlieb ’79, April 2013 Mark Kertz ’79, March 2013Sr. Joan McKenna ’81, September 2013

Recent Alums Head outto the Ballgame with theOffice of Career PlanningOn August 22, more than 20 graduates from the Classes of2009 to 2013 cheered on the San Francisco Giants as they tookon the Pittsburgh Pirates. It was just one of many opportunities ouralumni have to meet and mingle with each other and our Office ofCareer Planning staff. Visit www.usfca.edu/law/career to learn moreabout Career Planning’s services and programs for alumni andstudents.


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[ aluMni neWs ]

Eugene Crew ’63 A Believer in the Road Bending Toward Justice

Reunion Class Giving ProgramAs you reconnect, reminisce, and reflect upon where your USF training

has taken you personally and professionally, we encourage you to take this opportunity to help support current students.

As the law school prepares students to enter a changing profession, they need our and your support.

Support the Law Assembly As part of your reunion experience, we ask for your support to make a gift to the new Reunion Class Giving Program to support the Law Assembly. Law Assembly contributions bolster student and alumni services and programs, and help to advance the stature of the law school. They support many important projects, such as law clinics, domestic and international summer internships, scholarships, loan repayment assis-tance, diversity initiatives, symposia, visiting faculty, and moot court competitions.

Help your reunion class meet its goalAny reunion class member—alums in classes ending in 8’s and 3’s—who gives to the Law Assembly before May 31, 2014, will count towards the class giving total.

Join us and make a gift or pledge today atwww.usfca.edu/law/reunion/gift

To learn more about the Reunion Class Giving Program or other giving options at USF, contact Director of Development Robin Keating at (415) 422-2551 or [email protected].

Eugene Crew ’63, founding partner of Townsend and Townsend and Crew LLP, passed away on Aug. 15, at age 82. Crew was among the country’s most renowned antitrust attor-neys. In 2003, he won a $1.1 billion settlement in an antitrust suit filed against Microsoft. Over his 50-year career, Crew fought to stem the tide of monopolies and maintain competition in the marketplace. He tried antitrust cases and established major antitrust legal prec-edent in every legal forum from the California Superior Court through the U.S. Supreme Court. In addition to his historic settlement of a California anti-trust class action case against Microsoft Corporation in 2003, he obtained a trial verdict on behalf of the investors of an en-ergy saving technology that had been suppressed in the market-place. He filed litigation that saved the St. Luke’s and Chinese Hospitals in San Francisco from predatory business conducted by their competitors. He was retained by the U.S. Department

of Justice Antitrust Division to assist in its investigation of al-leged anticompetitive activity by General Electric Corporation. Crew was a beloved adjunct professor of antitrust at USF School of Law since 2004. “He was a mentor, a teacher, and an inspiring role model for our students,” said Dean John Trasviña. “Gene will be remembered by his USF law family for his passion, compassion, integrity, and toughness.” He was awarded Antitrust Lawyer of the Year by the State Bar of California in 2009 and the USF School of Law John J. Meehan Fellowship in 2000 for mentoring USF law students, and was honored as USF School of Law Alumnus of the Year in 2008. At that celebration, former dean and Professor Jeffrey Brand described Crew as “smart, tough, caring, outspoken, a no-nonsense, passionate fighter for justice. Gene taught us that you can have a big heart, serve the community, become a great lawyer, and make a good living.” [USF]

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what’s new? Update your fellow alums on your career and other news. Email your news for inclusion in class notes to [email protected]. Please include your name, class year, phone number, and email address. You may also submit updates at www.usfca.edu/law/alumni/updates.


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T o become a great lawyer, you must strive to be the best person that you can be. I use the term “person,” and not “lawyer,” deliberately. Being a good lawyer,

you will find, is more about being a good person than it is about anything you have learned from a casebook. To con-centrate on skills alone, and to ignore the person, is to do yourselves—and the legal profession—a grave injustice. For it is the person in each of you, and not the lawyer, who gives voice to the voice-less, turns cold facts into warm flesh and blood, and ensures that justice is done. It is often said that by the work one knows the workman, and I believe that to be true. Early in my career I was assigned to prosecute a case nearing its trial date. As I prepared, I came to real-ize that certain evidence—evidence the defense lacked—indicated that the pros-ecution should not go forward. When I advised my co-counsel, a lawyer who had much greater tenure at that agency than did I, his response was that we should proceed with the prosecution, and if the evidence came out at trial, let the jury decide what to make of it. His response astounded me. It had never occurred to me that he would want to prosecute persons who appeared to be innocent. In one of the hardest moments in my professional life, I told him that if he went to trial, he would do so without my assistance. At that moment, I believed that my career—which had been on an upward trajectory—would be adversely affected. But I followed my conscience, even though it meant that I, as a lawyer, was sounding the death knell of what would have been a slam dunk prosecution. The outcome of this story is unimportant to the point I so want you to take away from it. The prosecution was eventu-

ally dropped and, obviously, my legal career did not end that day. What is important, and what you must be prepared for, is the fact that the challenge I faced at that moment is not unique. Countless times in your career, you will find yourself at a crossroads. You will be called upon to choose between what may be expedient for you as a lawyer and what you as a person

know is the right thing to do. I urge you to always do what you know is right. If your careers are to have any meaning, you must place your personal integrity above all else. You must vow to yourself that when you lay yourself down to sleep each night that you are at peace with the professional deci-sions you made that day. For at the end of each day, and ultimately, at the end of your career, if you do not have that peace, your work in law school will have been for naught. By your work, let us know the person you are. Do not forget that being a lawyer is what you have chosen to do, and it is an honorable and noble choice. But it is

not, and it can never be, who you are. It is who you are—not what you choose to do—that will be remembered after you are gone. If you work to achieve that simple goal, you will build a successful career and live a successful life, in all its dimensions, on the foundation of your own character and talents. [USF]

Judge Saundra Brown Armstrong ’77 is a senior district judge in the U.S. District Court for the Northern District of California. Armstrong is a life-long public servant, having served federal, state, and local governments as a police officer, a state and federal prosecutor, and a judge in the state and federal courts. This piece is excerpted from her commencement address (“A Series of Wishes”) to the USF School of Law Class of 2013.

Building a Career on Your Integrity

By Judge Saundra Brown Armstrong ’77

[ closinG arGuMent ]

Countless times in your career, you will find yourself at a crossroads. You will be called upon to choose between what may be expedient for you as a lawyer and what you as a person know is the right thing to do.


holiday luncheon

Join us to celebrate the holidays and honor Alum of the Year

stephen a. hamill ’78

We honor Stephen A. Hamill ’78 for serving as an inspi-ration as a lawyer and engaged community member, and for his and his family’s incredible generosity to the USF School of Law, enhancing students’ skills training oppor-

tunities through diverse clinics and faculty opportunities.

stephen a. hamill ’78 has 20 years’ experience in business and real estate law followed by private practice. A native of St. Louis, Mo., who grew up in the San Fernando Valley, he is now the general manager of California and U.S. Communities, which provides public financing and public purchas-ing programs to government agencies. His community commitments are inspiring. In addition to serving as a trustee of the University of San Francis-co since 2010, he has been a youth soc-cer coach and referee for 30 years. He has also served as a member and chair of the Carondelet High School, in Con-cord, board of directors for six years.

“ Steve Hamill is unsurpassed in his devotion, commitment, support, and love for USF—our School of Law and the entire University. Steve has enabled the School of Law to think bigger and longer term, and he has provided not just good ideas but the encouragement and support to make big things happen. He exemplifies giving back to support the next generation of young lawyers and in that regard is not only the Alum of the Year but a model for all.”

~Dean John Trasviña

“ I constantly sought Steve’s counsel, when I was dean, to resolve dif-ficult issues knowing that his candid counsel combined with his sense of ethics and his concern for others and the well-being of the com-munity would inevitably lead us down the right path. We are blessed to benefit from Steve’s and his family’s commitment to our work and lucky to have him as a role model as we seek to fulfill the University’s compelling and noble mission.”

~Former Dean and Professor Jeffrey Brand

Tickets are $75 per person. Register online at www.usfca.edu/law/holidaylunch2013. For more information, please contact the Office of Development and Alumni Relations at (415) 422-4496 or [email protected].

For sponsorship opportunities, please contact Erica Levison at (415) 422-6654 or [email protected].

2013

&alum of the year award

11:30 am Cocktails12:00 pm Luncheon & Presentation

wednesday, december 4, 201311:30 am — 2:00 pm

Fairmont Hotel, Crown Room

950 Mason Street at California St.San Francisco, CA 94108


The Koret Law Center2130 Fulton StreetSan Francisco, CA 94117-1080

Nonprofit OrganizationU.S. Postage

PAIDSan Francisco, CAPermit No. 11882

CHANGE SERVICE REqUESTED

[ Gallery ]Social Documentary Photography: Migration, Deportation, Struggle, and Hope

The Kendrick Hall rotunda’s fall exhibition features the work of Professor John Adler—photographs and portions of oral histories of immigrants from south of the border, those often not included in discussions of immigration policies in America. Adler collected these images and stories over the past six years in Central America, Mexico, and the United States—both at the U.S.-Mexico border and in California. “Most of the individuals I spoke with felt they had no choice but to migrate,” said Adler. “Most often, dire poverty or threats of violence forced them to risk hardship, loss of relationships, and the familiarity of home for the chance to be relatively safe and able to work hard to provide their children and grandchildren with opportunities beyond their own.” Adler hopes this collection will allow viewers to empathize with suffering, but also to see resilience and resolve, and dig-nity, warmth, and hope—and will encour-age viewers to support immigration policies that do not sacrifice humanity needlessly. Adler, a 10-time recipient of the Dis-tinguished Professor Award, has been a professor of law at USF since 1983. His interest in the experience of immigrants has resulted, in large part, from his involvement with the Canal Alliance, a nonprofit organi-zation in San Rafael, committed to provid-ing legal and social services to immigrants and their families.


Documents

USF Lawyer Fall 2013