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FALL 1992

THE COUNTRY IS SWARMING WITH BICYCLESby Paul F. Hill 'Paul Hill reviews the history of biking and citesexamples of law suits involv ing this mode oft ransportation

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FALL 1992

LAWYERING FOR CHILDRENby Professor Catherine M. BrooksProfessor Brooks describes how lawyers with child ­clients experience law as a vocation . set free fromself -imposed limits, liberated from self-interest. andgiven a higher vision of the law· . . . . . . . , . . . . . . . . . . . . . . .

TABLE OF CONTENTS

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lawrence RafulDean

Barbara J . GaskinsAssociate Dean imd Editor

Pau lynn NunezAssistant to the Deen

J .S.Baxter Advertising Inc.Design

Steve BaxterVik i Anderson

lIlus/rdtionsYaffe Print ing Co.

Printing

Published by the CreightonUniversity School of Law foralumni. studen ts, facul ty . andfriends. Address correspondenceto: The Creighton Lawyer,Creighton University School ofLaw. 2500 California Plaza.Omaha. NE68178-0140.

A lum ni N ews _ 15

A lu mni Profile 12

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FRANCES RYAN RETIRESby Professor Richa rd E. ShugrueProfessor Shugrue highlights the career of ProfessorFrances Ryan , a woman of many " firsts" and a friendto all

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Dean 's Repo rtDean Lawrence Raful presents the Annual Report of theSchool of Law for the 1991-92 aca demic year

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On the Cover: A model repre­sent s the insec ure, lost. o ftenfr ighten ing feelings of a childcaught in the m idd le of "lncom­prehensible adult acti ons."Professor Catherine M. Brooksoffers insights into child advoce.cy in her art icle: "Lawyering ForChildren, · beginning on page I .

CREIGHTONUNIVERSITY

Copyr ight 1992 by Creig htonUniversity. All righ ts reserved.View s expressed in th is publica ­tion are not necessarily those ofthe Creighton UniversityAdministration .

School of Law D oubl e Cros stic _ 48

Thank yo u! 2 4

Protesso C by/' r atherine M. Brooks

/.,'It·'

L illi an, a shy elq ht ­year-ol d , is bro ught toa local emergencyroom one evening byher m other. The childwas badly injured byher mother's lover whohad become enragedby a chance look orrem ark Lillian hadma de ear lier tha tevening . He had hurther bad ly in hisveno mous delivery ofdiscipline. In thehospital, Li llian,reading her mother'sunspo ken com m unica­

tion, kn ows not to identi fy her attacker, but the lookof fear and deception that fi lls her face when thequest ion is asked betrays the truth, and the adultsquest ion ing her guess the right answer.

A ll that Lill ian wants is to go home with her m oth ­er, to be back with her brothers and sister, to sleep inthe bed she and her sister share. When she is readyfo r discharge, she is hurt and surp rised to learn thatshe will be stayi ng in the hospital at least overn ightand that , when she does leave, she will go to astra nger's home to live for a period of time she can­not know or com prehend. I

LAWYERING FOR LILLIANLet' s tak e a close look at Lill ian in that hospital

em ergency room . We are immediately aware thatshe is in physical pain. Lillia n has suffered blows thatwere delivered with mature force and in the heat ofanger. She is also afraid . She has been injured bysomeone she knows fair ly well, her m other's currentpartner. Lill ian believes that the boyfriend is veryim portant to her m other. Li llian has wondered abo uther own place in the fam ily each time she has beenthe victim of this ma n's anger. She is con fused abouther moth er's feelings for her and questions why hermother allows the boyfriend to beat her daughter.She wonders if her mother shares the boyfriend 's feel­ings of dislike and ange r towards her.

Lilli an also recognizes that her m other is afraid ofgetting into trouble or, worse, gett ing the boy friend introuble. When interv iewed, she tries to balance onthe tightrope between her mother's expecta tions andher own need to return to her mother's love and ca rein safety. The ch ild, thus wrapped up in her own viewof the even ing's events, never guesses the agenda ofthe strangers who surround her. She is surprised bythe strange rs' refusal to let her leave with her m other

3

and blam es herself for her fail ure to control thestrangers' perceptions of her injuries, her fam ily,and herself.

Lillia n loves her m other. She wants to pleaseher mother and be accepted as the good daughtershe tr ies to be. She knows that her m other ispregnant again but does oat understand why thatsho uld give the boyfriend such power ove r herand her m other. Li llia n, who has not seen her ownfath er in ma ny years, has co me to discount theim portance of a ma n in their family.

Li llian also loves her sib lings. At eight yearsold, she is their substitute nurtu rer when theirmother is too busy, too tired, or not home. Shelikes caring for the yo unger ones; she enjoys thegiving and takes pride in their occasional depen­dence on her. She also fears that while she andher mother are absent , the boyfriend will be cruelto her fiv e- and four-year-old brothers and hertwo-y ear-old sister. A nd Li llian knows - from hermother's eyes - that she cannot tell any of thestrangers who surround her about this fear.

Li ll ian is alone in a m aze of incomprehensibleadult action. No one has m ade sense to her: nother mother, the doctors, the social workers, or thepoli ce officers. Her m other has betrayed her in away tha t Lillian cannot articulate; the socia l work ­ers and doctors who questioned her have trick edher by guessing the very inform ation she haswithheld and that she denies when asked direct ly;the po lice offic ers haven' t arrested anyone eventhough she was convinced (and maybe secretlyhop ing ) that an arrest would be made so shecould be assured of sleeping safely in her ownhome; in refusing her the right to return hom e, thestrangers around her are punishing her when shehas done nothing wrong. Nothing m ak es sense toher, and no one - incl uding Lillian herself - isproc eeding in the way she has tri ed to direc t.

This child knows what she wants and hasfound herself powerless to accomplish it, that is,Lill ian cannot get herself home. A ll the facts ofher ord inary li fe gather to co nfine her in anunknown place among unknown adults for anunknow n, incom prehensible period of time.

Li llian is also forced to confro nt her mother'sloss of power. She is used to her m other m ak ingthe decisions tha t con trol the rou tine of her li feand the lives of her sibl ings. Her mother has rep­resented to Lilli an the law of her childhood.Except for the times when her m other's boyfriendhas atta cked and beaten her, Lillia n knows thather mother is the con trolli ng force in all thi ngsthat have mattered: when and where and howand why Li ll ian has lived out her da ily life.Suddenly, with the decision of doctors and social

workers whom Lillian does not know or have rea ­son to trust, her mother has been overruled on thecrucial fact of that evening - Lillian's wish toretu rn home. This single decision turns all ofLillian's reality upside down .

Lillian does not follow the logica l co nnect ionsso apparent to the strangers who ove rru le hermother. Lillian's world had become an incompre­hensible, unpredictable, frightening pla ce for thehorrible minutes of the beati ng she suffe red earli­er; she feels equally scared , confused, and help­less in the hospital emergency room. The oneperson upon whom she depend s to get her homeis without the power to do so. And so Lillian feelsshe is lost, actua lly, m etaphor ically, com pletelylost.

The poi nt of th is description is to eng age you,the reader/ lawyer, in this child' s predicament. Forit is in the human heart , in the co m pelli ng desireto care, that a child 's lawyer finds the call toserve. Lillian needs assistan ce in a thousand dif­ferent ways. Mostly she wants someone to helpget her back hom e, to a home that is safe for heras well as for her sib lings.

In working to solve Li llia n's dilem ma­answering her need to retu rn to a home that hasproven dangerous to her - Lillian 's lawyer willhave to stretch lawyering far beyond its usualscope. That lawyer will have to reach far out toothers and deep inside her- or himself in order toam ass the information. crea tivity, imag ination ,and risk to lerance necessar y to represent Lillianwell .

In his article in an earlier edition of theCreighton Lawy er,2Prof. Joe Allegretti talkedabout the profession of law as a vocation, not ingthat the lawyer who has a vocation is set free toserve others, liberated from self -interest , and gov­erned by a higher vision. When [ read thosewords, I realized that in them I had an apt descrip­tion of law yers who work for ch ildren. In retu rn fordaring to expand the accepted boundaries of

...it is in the humanheart, in the

compelling desireto care, that a

child 's lawyer findsthe call to serve.

4

lawyering , children' s lawyers find themselves set freefrom self -imposed lim its; liberated from self-interest;and given a higher vision of the law. lawyering, andthemselves as law yers. In servi ng her, Lillian'slawyer will experience lawyering as a vocation .

SET FREE TO SERVE OTHERSWhen I headed out into the pra cti ce of child advo­

cacy and often since then, I have been asked byfamily, friends, and strange rs - usually in a tone ofdistaste and disbelief - how I could tolerate beinginvolved in such ugly cases as those of child abu seand child neglect. Lillian always provides the answer:There is nothing ugly about her. Challenging, frus­trating , poignant, but never ugly.

ChallengesChallenging cases requ ire me to grow far beyond

myself and my vision of the law and the role oflawyers. In law schoo l, lawyering to m e waslit igating and appealing; good law yeringwas success in both . The ancient jou st­ers finding truth in their unseating andin their abil ity to withstand the joltof an opponent's lance fit neatlywith m y battle metaphorsof the courtroom. The earlytradi tion requ iring thattwelve jurors be chosento represent the qua itie sthey brought from the irplace within the zodiaccaptured m y imagina­tion; justice could beachieved in thepower of the jousterand in mystery.Children, though

have no place in battle, and m ystery is too capri­c ious a foundation for the healthy progress ofyoung people's lives. The challenges of a child'scase, avoidin g battle and crea ting a foundation fordeci sion-mak ing that takes into account thek nowable facts of a child 's developmental needs.demand of me a re-th inking of my metaphors andpoetic insights. Those cha llenges exhort me to acreativity that enriches both the client and m yself.

In exploring routes other than the one to thebattlefield , I have found myself exa mining and try­ing on the roles of advocate, mediator, co unselor,and teacher. Advocacy in the place of adversity;media tion in the place of trial; and quidence in thepla ce of im mediate plans for trial - all require alarger view of the lay of the land, encompassingth e battlefield but not lim ited to it. The geographyof the larger plain is richer and m ore va ried to thelawyer survey ing it.

The lawyer as teacher is the largest vision Ihave co me to at this po int in my re-th inking the

rol e of the lawyer as liti gator. For several yea rs I havebeen invol ved in a resea rch project with the goal ofdeveloping a psychologically sound instrume nt forin terviewing children who are alleged to have beensexually abused. The process of that research projecthas been ill uminating in many ways. While learningthe language of my non-lawyes colleagues on theproject. all of whom come from the medical andmental health professions. I was teaching them thelanguage of the lawyer. We quickly came to realizethat it was this mutual teac hing that was the core ofour developing respect for each other and for eachother's professiona l disciplines. That very successfulresearch collaboration has been expanded to includejudges and lay advocates and co ntinues to have at itscenter the m utual instruction of the professionalsinvolved in the wo rk of the project.

Lawyers who work for children respond to theneeds of rnan y persons to know the secrets of thelaw. Law yers need to teach those secrets to otherprofess ionals who share the goals of serving thechil d-client/child -patient well . Th is process of de­m ystifying the law, revealing its secre ts (li ke thoseuniversally mysterious exceptions to the hearsay rule- of particular interest to those who must give in­court testimony) , fits neatly with the child advocate'sjob of avoiding mystery in the legal decision-makingprocess.

To the extent a lawyer can remove themystery, that removal enhances the non­":J legal professional's trust in the legal

process and allows the lawyer togive an explanat ion of the real

_ _._ "\. process of the law. Whi le thisexp lanation is important for

the effective collaboration ofall the professiona lsserv ing the child, theabili ty to exp lain the lawachieves its grea test

useful ness in legitim izingthe outcome of the process

to the ch ild ren who areaffected by it.

Children's lives are changed by thelaw in the most intimate ways.

~:~.. t '~~

,.',

,

When they understand how and why the law worksits effects upon them, they ma y be able to feel theleg itimacy of the law's decisions. That under­standing m ay allow those children to trust in thecentral co re of our society. For chi ldren whosetrust in ind ividu als has been abused, th is creationof trust in the law (and in the lawyer) cannot beovervalued .

As the lawyer is teaching non -leg al profession­als and the child-client , so too the lawyer must betheir stude nt. The humili ty that accompanieslawyering fo r children sits deep in the heart of thechild-advocate. Whi le I may be reluctant to show itopenly in many of my professional and personalrelationships, that humility is a prerequisite fo reffective relationships with my child-cl ients.

As a student of my young clients, I learn to lis ­ten with a carefulness I was not born with; I learnto hear myself with a critical ear that goa ds me toedi t better the way I question and interpret; and Ilearn to discard my prejudices about the " im m atu­rity of children's expressed wishes. "

Not willing to let go of the student's role once ithas proved effective with my child-client, I bring itinto my relation ships with those non- legal profes ­sionals who are also serving my child-client.Borrowing again from the example of the researchproject, I find that learn ing from my co lleaguesoutside of the legal profession (whether it co n­cerns stages of ch ild developme nt, memory skillsin trauma, radiologic readin gs of long bo ne frac­tu res, or the sexuality of yo ung child ren) is one ofthe great rewa rds of m y calli ng.

As a student and a teacher, I become a co nduitof information and understanding to the decis ion ­maker. Because I have the oppo rtunity to learn,boun ded only by my abil ity to listen to andob serve my cl ient and m y co lleagues' ability toshare what they know, I am in a un ique positi on toassist the judge in understanding all the facets ofmy cl ient's case. Indeed, my very role as the rep­resentative of the non-adverse party allows m e topresent to the co urt the largest view.

6

FrustrationsThe frustrat ion s of lawyerin g for ch ildren center

often on the inab ili ty to bring abou t the result a childtr uly needs - the absence of racism , the presence ofgood schools, a safe stable home, health y parents.Systemic soc ial, politica l, and economic change is acommon topic among child advocates. The virtue ofpatience pales in the light of inadequate socialresources needed by chi ldren for the ir surviva l.Ma rian Wrig ht Ede lman, executive director of theChildren's Defense Fu nd and a powerful childadvocate, has put it th is way,

We didn ' t seem to recognize as manyother nations do that it takes a wholecommunity to raise a kid. Our debatehas been very unhealthy. It's alwaysbeen about parents versus govern­ment, parents versus corporations.

Child ren need caring adults to hugthem and be there for them , andparents need a caring com m unity,a ca ring governme nt and a caringprivate sector.3

This wide view of nationa l response, like the wid erview of law used by the child advocate, is key toour chi ldren's well -being.

PoignancyPoignancy is the soul of child advoca cy :

"A rousing sym pathy, deeply m oving to the feel ­ings. keenly felt."4 "Poign ant qrief" is the exam pleoffered by m y dict ionary, fitt ing for the subject ofchild abuse and chi ld neglect.

Wh en I train m y law students in the developing

,

art of ch ild advocacy, I am careful to caution them toa truth I should have known before I started out butonly discove red later: Child abuse and chi ld neglectcases affect the persons who become involved inthem. Early in m y career, the first ch ild I was everassigned to represent was the surviving sibli ng of aninfant whom I believe was k illed by his mother. As Iwent d igging into the discovery m aterials provided bythe city solicito r 's of fice, counsel to the city 's childwelfare agency, I came across inform ation otherwiseunn oted by any of the parties in the case that poin teddirectly to the mother's involvement in her infantson's death . I remember sitt ing on the front po rch ofmy home for a long time after m y discove ry, trying todigest the reality of that baby's death and feeli nggrief. 1had been the one to put the pieces of thechild's death tog ether in a way that resolved the puz­zle but dam ned the mother. No one else knew thehor rible tru th tha t I had found by reading the autopsyreport and the full set of disordered social work fi les.

Yet it came as a surprise to me that m y reaction ofgrief was intense and personal.

Feeling grie f must be an accepted part of the childadvocate's expe rience if that advocate is to be fully

human while lawyering for children. This pastsemester. students in m y course, "Children, Fam ily,and the State," were co nfro nted with this painful issuein a terr ibly real way. The Pub lic Broadcast SystemFrontli ne edit ion, "Who Killed Ada m Man n?" broad ­cast last December, was the centerpiece of our mate­rials on child abu se cases. This broadcast document ­ed the sto ry of a child's m urder by his parents and thechilli ng ineffec tiveness of New York Cit y 's child pro­tective services. We shared frustration and grief aswe talked about the hum an and legal issues involved.I admire m y students' willingness to feel the truepoignancy of that exper ience. I believe that learn ingtha t lesson in the classroom is only a foretaste of theperson al gr ief they wi ll co m e to feel in some of theirchild advocacy cases. Throughout the semester andsince, a number of those students have sought infor­m ation from me about posit ions, available locall y andelsewhere, rep resent ing children and parents. So Itrust that the lesson was not an empty one.

LIBERATEDFROM SELF-INTEREST

Reading the applications of law schoo l cand idates,l -am struck by recurring them es: Power, prestige,and money are all assoc iated with law pra cti ce. So I

7

know I have not been alone in m y wish to enjoythe trappings of the law profession. to bene fit fromthe prestige of the m embership. to enhance myown wealth .

Pow erOn e adv antage of tha t membership is sharing

in the power of the group. And the power thatsociety accords those who design and enfo rce thecodes of the com m unity (name ly lawyers) isimmense. Sharing in that power is. for m e. anenjoyable part of lawyering.

Chi ldren. on the other hand. have no power inthe com m unity. are no one's natural co nsti tuents,and are without their own voice in the governanceand direction of the com munity. Likewise. chil ­dren's cases before the courts do not ca rry withthem authority and influence, because child renhave no authority and influence. Indeed. chil ­dren's cases are not even "winnable" in any tradi­tional sense of the law.

A child has already suffe red a profound loss inthe mere existence of a legal issue in his or herli fe. It wou ld be foll y to believe that a lawyer canwin some thi ng for that chi ld which will undo theharm caused by the need for the lawyer in the firstpla ce. There is little good a lawyer can do for thechild-client by the time the case assignment hasbeen made exce pt to ach ieve "the least-worst"outcome . There are no good outcomes for chil ­dren whose parents are before the co urt on childabu se or child neglect charges. And so represent­ing children shakes my co m placent enjoyment ofthose professional trappings, that power. In losingmy com placence , I have com e to understand thetrue value of power. To the extent that I do sharein it, I have learnd that power is useful _. and val ­able -- to m e only to the extent that I ca n give itawa y. I have learned to give it to my child- cli entswhen I give them m y voice, m y influence, and m yauthority. (Curiou sly, the moral suasion thatattaches to my legal arguments in co urt on behalfof a child-client has increased as a judge's under­standing of the child 's right to be heard has grown.With that increase in persuasiveness, m y earlierideas of power in the law and powerful argumenthave broadened considerably.)

I th ink that I fi rst expressed my ideas aboutpower-sharing on a law school appl ication yea rsago. At that time I was taken with a nobl eabstraction of justice, and I was hon est, albeitnaive and untested , in m y declarations to the law ­school -of- my- choice about the lawyer's ability to

8

I have learned thatpower is useful ­and valuable - to

me only to theextent that I can

give it away.

accompl ish social change in the creation of law andin lawyering for the individual. I remember that grandlangu age with some abashme nt now.

When J was working with them. m y child abuseand ch ild neglect cases had nothing to do with socialchange, and less to do with justice - as I saw emevery day. It was not until J came to reflecton the nature of lawye ring fo r childrenover the last few yea rs that I havereached a differen conciusjoo.I see the truth ofthose words of myintuition from yearsago : Working for ind ivid ualchildren and , throughthe!Jl. for their families

..

<

MoneyMoney, itself, takes on a new value when a child

advocate considers it. Money is what the state gov­ernments' ch ild welfare system s and the ch ild protec­tive servi ces systems do not have. Mon ey is what isnecessary for the creation, developm ent , and imple­m entation of im po rtant supports for chi ldren and theirfam ilies. Whether it provides Head Start classes,good day care, reasonable family leave, or food forhungry children , mon ey is a resource that peoplewi thout power and authority do not have. Those peo­ple are ch ild ren, and it is wi th their advocates' voicesthat they ma y be able to get what they need. Childadvocates do not receive much mon ey in exchangefor the work they do; that shoul d change. Children donot receive mu ch money for the supports that theyneed to sur vive and , ju st as im po rtantly, to thr ive; thatmust change.

9

lawyers have tak en on a contex t over the yea rs of mylaw practice that puts m y issue of prestige in per­spective. When I was growi ng up in the Sixties, thelaw was the source of profound changes for the bet­terment of our nat ional co m m uni ty. The excitingnews about the work of civ il rights activists , lawyers,and legislators wrapped the lew with a morali ty thatinspired . chastened. and changed us. When I gradu­ated from law schoo l in the very beginning of theEighties, that wrapping seem ed to have been pulledcleanly away from law pract ice. Prestige lay in theaccumulation of New York City law firm offers and thesalaries that accompanied them. And that pictureseems to be giv ing way to the future as well.

On e of m y brightest, m ost talented students fromthe course I me ntioned earli er. "Children, Fam ily, and

the State,ft co uld write his own ticket into law prac-

~~~~~::::::~::::~ tice, I suspec t. He has chosen to pursue aposit ion representing parent s before the family

co urt for a lega l services office. Years before Iwou ld have been able to do so, he has m ade a choicebased on a wise insigh t: He will rep resent parentsbecause he understands that the best way to help achild is to help those persons upon whom the childdepends m ost, the child' s parents. I bel ieve that he,and the dozens of other law students with whom I'vetalked over the last several years and who want to doth is work in its var iou s form s. ma y be changing againthe face of prestigious law work to something bette rthan the accumulation of wealth I once thought Iwanted.

: - ; ~ .:-:.~. -',-: .:. -: '

PrestigeThe notion of prestig e is not so important to me

now as it was when [ was leaving law school.Fri endly teasing about that "touch y-feely " stuff Iteach and the ever-present attempts to make dis­ti nctions between child advocates and "real"

is not only a determined effo rt to create socialchange, it is also a celebration of justice.

When I set aside m y self -interest in accumulat­ing and enjoying power, I find a better use forpow er - a sm all strengthening of the co m m unityand even the laws that gove rn it , creation of oppor­tu nities for children wh ich would not have existedin the absence of good law yerin g, and worktowards helping families in crit ical trouble.

Child advocatesdo not receive

much money inexchange for the

work they do; thatshould change.

GOVERNED BY AHIGHER VISION

We child advocates spend a lot of time explor­ing, debating. and challenging ou rselves on oneissue most of all : the ethica l impl ications of whatwe do, what we see other child advocates do. andwhat we beli eve we sho uld be doing. More thananything else. I believe we are guided by thethou ght that we are walking on new ground andwish to walk a path to our cl ients ' best interests.

I often argu e that the phrase .rbest inte res ts," iswithou t real meaning when it is applied to a planfor the chi ld- cli ent' s life and is so fraught wit h biasand m isgu ided notions of a child's well -being thatit is a precarious foundation for judicial decision­making. In fact, I believe the phrase is an inertfu'attempt to express what we shou ld really bedoing - no harm.

By the time J have been appointed to representa child, that child 's life is so fil led with injury andloss that I should be governed by one principleon ly - that I do no harm. "Finding the least ­worst solution" is the way a friend in socialwork puts it.5 Whi le the least-wo rstsolution is rarely apparent to me inm y attempts to resol ve a chi ld 'sproblem s, the act of looking for itmakes me profoundly sensitive tothe risks of other m ore obvioussolutions. Focusing on the least­wors t solution forces me toconfron t the perils in othe r choicesand so avoid or m itigate them.Th is, then , is probably a moreprodu ctive goal than the mysterious"best inte rests."

The desire to meet the child-

10

cli ent' s so-called best interests is at the heart of thech ild-advocate's m uch deba ted ethical di lemma: torep resent and advocate for the child 's own expressedwishes versu s the desire to rep resent and adv ocatefor the lawyer's im pression of what the child shouldwant. The problem at the heart of the dilemma is thechild-client's wish for what appears dangerous orunhealthy: Lillian 's desire to be returned to her moth ­er's care.

If I represent what I th ink Lillian should wan t,that is to be safe and far away from the man whoinjured her, then I have usurped her right to be heard.I have also prevented the cou rt from struggling withthe real issue of the case - how to m eet this child'sneed to be reconnected with her family and her life .

We professionals involved - her foster mother, hersocial worker, her judge, and her lawyer - can besatisfied that we have done all that we cou ld a whenshe is taken away from her home and put in a safeplace. We can be satisfied when we provide her "pro­tected visits" with her mother and sib lings at thesocial worker's office for an hour every other week .

We can be sat isfied that the mother is to blame forthe child's unhappiness in foster ca re because it is themother who will not pu t the boyfriend out of herhome. Lillian' s voice is not heard and so does notdisturb th e com fort of the adults who minister to herneeds.

But if Lill ian's voice is hea rd and respected, thenwe are confronted with thetruth that ou r case is notsatisfactorily closed ­beca use Lillian wan tsto go home. And ifLillian 's voice is the on ethat controls her future,we ma y be sending

5. Prof. Anne Coyne, Ph.D., School of Social~ Work. Univers ity of Nebraska at Omaha.

her back home, ultimately, to her death. Respectin gLillian and protecting her put the lawyers, soc ialworkers, and judge who serve her in need of a high ­er vision of the law. Li llian does not need a judg­ment of her righ ts nearly so much as she needs ajudgment of caring.

I have already asked you to do the one th ingLi ll ian needs most - to become eng aged in her dif­ficu lty, to allow yo ur heart to respo nd to her. Withth at in her favor, Lillian is assured that the worstthing that could happen to her will not occur - shewill not be ignored.

Li llian needs to be known and cared about. .Sheespecia lly needs a lawyer who is skillful, knowl­edgeable, and caring, since that lawyer will be hervery voice. Lilli an needs a lawyer who will put herneed to be returned to her moth er 's care before thelawyer's own need for simple, safe , and inexpensiveresol utions. By no m eans am I say ing that sheshould be return ed to the danger that awaits her athome. Wha t I am saying is that the only way she

will get home is if the danger is removed, andremoving that danger shou ld be a pr ior ity for thoseprofessionals who serve her.

For Li llian, rem oving the dange r m eant helpingher m other to heal her battered self-esteem and herestran~ement from her own family, Li ll ian's grand­pa rents. Eve ntually, Lillia n did get back home, and ,

when she did , it was a safe place for her. In short,lawyers for children like Li llian are governe d by avision of the law that provides protection and respectto its yo ungest constituents.

SOME CONCLUDINGTHOUGHTS

There are a few minimums that occasionallyhave to be spelled out to lawy ers and law stu­dents entering a law practice for children ­always see your client personally , get to knowyour client, allow your client to get to know you,interview children as you find them, never pres­sure for disclosures, always converse at theirdevelopmentallevef. Those bottom-level require­ments for ethical practice are good lawyering nomatter ho w old one 's clients.

The cautions I offer, if I could call them that.are very simple - seeing and talking with yourchild-clients prevents you from losing your abili­ty to care: knowing your ch ild-elients is the bestprovocation you will have to give your bestefforts; haVing your child-clients know you andtrust you will prove to be a rewa rd beyond mea­sure; interviewing well, arguing persuasively ,and doing no harm are the goals and theach ievements ofyour best work.

Lawyers for children have the gift ofbeingallowed and able to love theirclients. Lovingone's work and the people for whom one worksis a great gift. Money. prestige. and ordinarypower pale in comparison to i t Challenges, frus­trations, and keenly felt feelings ofsympathy orgrief are a fair enough price for it.

Lawyering for ch ild ren is not a closed orexcl usive practice; new members are alwayswelcome.

I . This ch ild was a client in my pract ice with the New JerseyDepartment of the Public Advocat e's Law Guardian Program . Her nameand other inform ation have been changed to protect her ldenlty and torespect the confidenti al nature of her case.

2, Allegretti , Chr ist and the Code: The Dilem ma of the Christian

Attorney, THE CREIGHTON LAWYER (Spring 1990) at 4.

3. Elsasser, Lessons for Life: Children 's Crusader Offers the Wisdomof Her March, THE CHICAGO TRIBUNE , MaylO, 1992, at 3.

4, OXFORD AMERICAN DICTIONARY, 514 ( 1980).....,

11

-

- \'- e- \-----• •

D a yle Deardu rff, '79, is theExecutive Directo r of Pro Ki ds,one of the country's m ost suc ­cessful Court Appointed Specia lAdvocates (CASA) programs forguard ian ad litem representationof children. It' s hard to ta lk aboutDayle without talking abo uther work with ProK ids. Getting itrigh t for childre n-accuratefindings of fact, effe ct ive disposl ­t ions, careful fo llow through ,permanence, safety, and evenlove-is wha t Day ll'a nd herorqenlzatlon are about.

Dayle has been with ro Kidssince its inception an d fo r m ostof he ~ profess iona l ca ree r, but herpa th to child ad vocacy was ..not en tirely d irect. Da yle workedi Wash ingto n, D.C. , beforecom ing to Omaha to att endCreig hton La w School. Shearrived in Omaha with a suitcaseand a bicycle, no place to stay,and no fam iliarity with the Mid­West. She does remember a tum ­bleweed ro lling down Dodge

St reet as a ta xi too k he r from thea irpo rt to the law schoo l.

Da yle settled in q uick ly, dis ­covered she enjoyed the studyof law eno rmous ly, and did well.Her second summer was spentas a cle rk for the United StatesAttorney's Office in Lincoln. Thee xpe rience was so satisfying thatshe went bac k as a n intern thefollowing fall. She describes he rla w sc hool yea rs as excitingand cb allenging; it is clear whe nshe ta lK's about he~three yearsin Neb raska that sffe loved beinga law stude nt._ , .:;.ft",eItg rad uating , DaylereturneCi to he r home state ,Oh io, spent a short time with aconsumer advocacy agency formenta lly re ta rded citizens, foundshe wanted to be in an indepen­de nt practice , and left to formhe r own firm . While in so lopractice, and in her second yea rout of law school, sh e was askedby a loca l judge , re presentingthe Ha milton Co unty Juve nileCo urt, and a local att orney, rep-

12

resen ti ng the Cincinna ti BarAssociation, to direct a new vo l­unteer advocate s' agency.

In Septe m ber of 198 1, withinit ial fu ndi ng from the Ci nci nnatiJ unior League, ProK ids openedit s doors to Ci nci nnati children inlegal need with Dayle as Execu­t ive Directo r and she has beenmak ing ProKids a success eve rsince.

ProKids is a non-profit co rpo ­rati on dedicated to provid inghigh qualit y lega l representati onto child ren wh o are th e subjectsof ch ild abuse or neglect actionsin Ci ncinnati's juvenile courts .J ust fin ishing its eleventh year ofoperation, ProKids has gro wnfrom a staff of three, includ ingDay le, plus the thi rty vo luntee radvocates she trained , to a staffof twen ty - thre e (and a hal f ) pl usalmost a hundred trained vo lun ­teers.

Cu rrently, nine lawyers andnine soci al wo rkers handl e acaseload tha t appr oaches 650cases. Eac h case deno tes afami ly ; the ac tual number ofchi ldren represented is m uchlarger. By its te nth year, Pro Kidshad served over 6500 child renin need of leg al representat ionand had trained over four hun­dred voluntee rs. Three full -tim esupport staff and one hal f-t imefinancial ma nager kee p theoffice running ef ficiently. Inaddi tion, Dayle and her sta fftra in, superv ise, and supportnearly a hundred current CAS Avoluntee rs, wh o serve as "theeyes and ears of the court , m ak ­ing independent , objectiverecom m endat ions regard ing thechild-client's best interests ." I

While CASA vo lunteers are oftennot lawyers, they have access tolega l counsel thro ugh their par ­ent orga nizations ; this is themodel that Pro Kids uses.

The effect Pro K ids has hadon chil dren in Cincinna ti andelsewhere in Ohio cannot beove restimated. In Dayl e's

words, taken fro m the Pro K idstenth annua l report , "A Decade ofChallenge and Change,"

I don 't thi nk any of us, 10years ago, could haveenv isioned the successfulim pact ou r age ncy has hadon this county. Today, theaverage number of childrenin th e legal custody of thecounty and vario us chi ldp ro tection agen ci es at anygiven time is 2 ,300 fewerthan it was 10 years ago.2

I had the pleasure of spend inga da y with Dayle recent ly,and I recorded the im pressionsthat follow while [ was atProK ids.

AT "ProKids"At 8: 15 a.m ., Dayle Deardur ff

and her staff beg in th e day atthe ProKi ds office, steppingthrough a hazard of fresh pouredce ment and m akeshi ft wal k ways.Co nstruction is ev ident up anddown the street; in fro nt of theoffi ce building tha t housesProK ids, new bric k is being laid inthe p lace of an o lder cemen tsidewalk. This morn ing Dayleand her staff are gathering fortheir week ly office meeting . Anoffice is quickly co nverted into

13

a confe rence room with cha irstak en from every place they canbe had . A local social work th er ­apist ha s co me in to tal k with theProK ids lawyers and social wo rk ­ers about interview ing children.A child wa s recently d iscoveredto have been abused in a fosterhome; the child had not di sclosedthe inform ation fo r some time,despite having suffe red ongoingabuse . The Pro Kids staff wan tsto know how to he lp its child ­cl ients disclose this k ind ofinfo rm at ion, and the ques tionsfl ow freely du ring the the rapist'spresentati on .

It is the quality and nature ofthe questions that are stri k ing.Dayle is in the room with herstaff, and they are aski ng ques ­t ions tha t reveal their wea kness­es. They talk openly about theti mes they feel they have failed ina par tic ular way and ask for sug ­ges t ions to avoid that in thefutu re. They make recommenda­ti ons to eac h other about prac ­t ices and m ethods theyha ve fo und helpful , and they lookto the therapist for guida nce.

Watching the interc hangesthat flow fro m the therapist'srem arks, it becomes clear thatthe candor in th e room is not in

sp ite of Dayle 's pres ence , butbecause of it . Da yle c reates anenvironment of trust a nd gen­uine inte rest in lea rning, whichin tu rn a llows her staff membersto inc rease their skills, admi toccas ional de feats, a nd lea rnfro m each othe r.

There ar e other matters toattend to during the staffmeeting , fro m the minor- Da yleannounces th at two re habilita t­ed bicycles ha ve been do natedand a re a vailabl e fo r clients-tothe major: Pro Kids ha s con­tracted with the loca l county tohandle 650 cases . The staff isha ndling close to that num ber,and care must be given not toexceed it. Because cases ra re lyclose q uickly, it ha s not takenlo ng to accumula te that numberof active cases. There is a clea rneed for more st aff since thereare many more Cincinnati chil­d ren waiting for guard ians adlitem. The next contract negoti ­ated with the county shouldreflect tha t need .

Througho ut the day, inter­cha nges be tween staff anddirector contin ue to give evi ­dence of Dayle's e asy ra ppor twith those who wor k with heran d the ir trust in her judg ment.At one po int, a socia l wo rkera sks for advice ab ou t a chi ld ­client threatening to run fromhe r placement. The teena ge r'sonly rea l re lation ship a ppears tobe with a boy she ha s come to

Dayle creates anenvironment of trust

and genuine interest inlearning, whichin turn allows

her staff members toincrease their skills,

admit occasionaldefeats, and learn from

each other.

know a nd fee l affection for; helives in another town. Dayl e'ssol ution is s imple and se nsible:ProKids will offer the foster par­ents pa yment fo r phone callsbetween them and will offe r theboy friend bus fare to visit for a nafternoon from time to time ,sta rting immediate ly. Sav ing thec hild's pla cement is important,but keeping he r off the st reets isparamount. If she run s, th erewill be nowhe re for her to go butthe streets.

Dayle says the small fundthey kee p at ProKids for d isc re ­tionary use is a good exa mple ofst ay ing flex ible to meet thene eds of their clients. Oncemon ey was give n to a motherwho had go ne into hiding withher children. There was no realq uestion of ha rm to the c hildren ,but the ju ve nile court judgewanted rea l a ssurance s of thec hildren 's well-being . Whencontact was fina lly ma de withthe mot he r, she agreed to bringthe children to the courtho use inexchange fo r "Christma s Cash. "She came with the ch ild ren, whowere fine , and the fam ily actua l­ly ha d Christmas that yea rbecause of an innovative reversebond payme nt from ProKids .

ON A PERSONALNOTE

Dayle 's ca reer at ProKidspara llels her personal life.ProKids op e ned its doors threemon ths to the day afte r her mar ­riage to Paul Co unts, Esq. And ,one of her ma ny successes atProKids was a CASA voluntee rsand gua rdia n ad litem tra iningconfere nce in May of 1987.Da yle's daughter Anna was borntwo wee ks late r and CASA vol­unteers and gua rd ia ns ac rossOhio know Anna 's ag e as wellas Da yle does because of thei rrecolle ctio ns of that (very suc­cessful) conference.

14

CHALLENGES FOR THEFUTURE

Whe n a sked what chall engesst ill face her and ProKids, Day leis qu ick to respond: Better wagesand be tter bene fits-medical andpe nsion-for he r staff . Ch ildadvocacy should not impover ishthe advocates. ProKids hasbranched o ut in its fund-rais ingtec hniques , recently holding a nau ction of donated work by loca lartists, but funding fo r ProKids , asit is for most child advocate orga ­nizations , is still not enough forthe ta sk s assigned it. Recall the650 ca ses ma ximu m workloadabout to be met.

That's the ha rd news. Thegood news is ProKids ' dedicati onto ch ildren in need of legal ser ­vices and its understanding thatthe ir futures depend upon whatDayle and her staff and volun­teers do for those children whoneed ProKids.

Fo r her work, Day le rece ivedthe prestigious CASA Prog ramDirector of the Year ( 1991 ) awardmade by the Nat ional CASAAssociation.

Way to go Dayle!by Professo r Catherine M. Brooks

1. CAS A: A Chil d 's vo ice in the court.Seeue, WA : Nat iona l CASAAssociation . und ated.

2. Dear durff. Day le D., ed.. Pro-K ids X:The First Ten Years, ' A Decade ofChall enge and Change. ' Cincinnati, OH:Pro-K ids, 1991.

•

1927

MILTON R. ABRAHAMS ofOmaha, Nebras ka , was induct­ed into the Historical Society ofDou glas County Genera l'sCo uncil .

1950

SYLVAN SIEGLER ofKansas City, Missouri , wasappointed by the Kansas CityMayor to serve as a m em ber ofthe Kansas City Earn ings TaxBoard of Review. He is a partn erin Shook, Hardy (, Bacon. Hepractic es taxation la w and is aFellow of th e A merican Collegeof Tax Counse l. He is named inThe Best Lawyers in America inthe Tax and Employee BenefitsLaw and Trusts and Esta tesSections.

1951

JOHN C. BURKE ofOmaha , Nebraska, retired asgeneral counsel of FatherFlanagan's Boys' Home after12 years of service. He is prac­ticing with Byam (, Byam.

in conjunction with the annualco nvention of the As sociation ofTr ial Lawyers of America inToronto; Canada .

Thomas R. Burke, '5 J, 199JAlumni Merit Award recipient

GERALD T. WHELAN ofHastings, Nebraska, wasappointed chair of the 1992Insurance Committee forNebraska State BarAssociation .

LYLE E. STROM of Omaha .Nebraska, received the OmahaBar Association 199 1 PublicService Award .

THOMAS R. BURK E ofOmaha, Ne bras ka , rece ived theCreighton University School ofLaw 199 1 Alumni Merit Award.He was also the United Way ofthe Mid lands 1992 "Citizen ofthe Year."

1953

1954THOMAS N. MOORE of

Omaha , Nebraska , is the direc­tor of athletics for CreightonUn iversity.

1952

EDMUND A . MCGINN ofCouncil Bluffs, Iowa, was one ofthe featured speakers at the48th annual Belli Seminar held

15

JERRY M. GITNICK ofOmaha, Nebraska , retired fromthe Douglas Coun ty DistrictCourt bench.

DONALD J . HAMILTON ofOmaha , Nebraska, reti red fromthe Douglas County Di str ictCou rt bench .

1956 1959 1967

ELMER M. GUNDERSON ofCarson City. Nevada , relln-quished his co m m ission as asenior ju stice in the state courtsystem, but remains acti ve inthe legal profession.

EDWARD E. HANNON ofO 'Neill , Nebra ska , is one of thefirst six judges on the newNebra ska Court of Appeals.

1960

GEORGE H. PEREZ ofBernalilc , New Mexico , receive dan O utstanding ContributionAward for his contributio ns toth e Court of A ppeals SettlementWeek .

1970

1968

HOWARD P. OLSEN, JR "of Sco ttsbluff, Nebraska, wasappointed chair of the 1992Budget and Aud it Com mitteefor Neb raska State BarAssociati on .

WILLIAM J, LILLIS of DesMoines. Iowa, was elected toCre ighton 's National AlumniBoard .

1969

MIC HA EL J. SHAUGH­NESSY of St. Paul , Neb raska,was appointed by Governor BenNelson to the Neb raska NaturalResources Com mission repre­senting Municipa l Water Needs.

COLONEL MATI J . RERESof Chantill y, Virgin ia, was pro ­moted to his curr ent rank in theU.S. A rmy Reserv es and com­mands a legal detachment sup­porting th e National GuardBu reau at the Pentagon.

DANIEL J . COLE, JR ., ofSt. Paul , Mi nnesota, a share­holder in the law firm of Briggsand Morgan in Minneapo lis,Minnesot a, was elected presi­dent of the Ramsey County BarAssociation .

EDNA R. ATKINS ofO ma ha, Nebraska, wasappoin ted to th e DouglasCounty Court by Gove rnor E.Benjamin Nelson .

1964

WILLIAM M, CONNOLLY ofHastings, Nebra ska , is one of th efirst six judges on the newNebraska Court of A ppeals.

WILLIAM J. ROSS ofKearney, Nebraska, was hon oredas a 199 \ fellow at the NebraskaState Bar Fou ndation 's An nu alFellows Dinner.

1963

1961

WILLIAM F. DAVIS ofNebra ska City, Nebraska . wasap pointed section chair of the1992 Real Estate, Probate andTrust Law Com m ittee forNebraska State Bar Assoc iation.

MICHAEL MCGILL ofOmaha, Nebraska, was appoin t­ed to the Douglas County D istrictCourt for the 4th J ud icia l Di stri ct.

DR, RO SE FIDELIS FAITHEof Viborg , South Dakota, is prac­tieing medicin e at PioneerMemoria l Hospital in Viborg.

THOMAS F. DOWD ofOm aha, Nebraska, formed thefirm of Dowd [, Dowd wi th hisson Michael P. Dowd '90 .

1957

1958

WARREN H. DUNN , presi­dent and chief executive officerof Miller Brewing Co..Milwaukee, Wi sconsin, receivedthe J99 1 Alum ni Merit Awardfrom Creighton Un iversityCollege of BusinessAd m inistration. He is also adirecto r of th e JacobLeinenkugel Brewing Co. , theGreen Bay Packers, theMilwaukee Sym phonyOrchestra, and the MilwaukeeMetropolitan Associ at ion ofCom merce.

THOMAS J . SKUTI ofOmaha, Nebraska , received th e199 2 Nationa l Conference ofChris tians and Jews MidlandsCha pter Hum anitarian Award.He is Chairm an and ChiefExecutive Officer for Mutual ofOmaha Insurance Companies.

Han. John C. Burke. '51. and hisdaughter Jean. '92

16

THOMAS A . BROWN ofAberdeen, Washington, is apa rtner in Brown , Lewi s f.,J a nhune n, primarily en gaged intort a nd commercia l litigation.

TIMOTHY I. MARKEL ofGlenwoo d, Iowa , opened a gen ­eral law pract ice in CouncilBluffs.

RICHARD W, HARTER ofPlattsm outh, Nebraska , waselected president of the SecondJ udicial District BarAssocia tion.

GA RY G. WA SHBURN ofBroken Bow, Neb raska, wasnamed by Governor Nelson ascou nty judge for the 20 thJudicial District in Ne braska.

ROBERT G. SPAGNOLA ofLittleton , Colorado, is an assis­tant professor at Colorado StateUn iversity and teache s intern a­tional m anagem ent and strategy.

M .•JANE HUERTER ofOma ha, Nebraska, was electedto the boa rd of directors ofCom panion Life InsuranceCompany of New York.

JERRY M . SLUSKY ofOmaha, Nebraska, is a partnerat Kutak Rock .

MARK D. THEISEN. ofOmaha , Nebr aska , wasappointed section chair of the1992 Labor Relations andEm ployme nt Law Com m itteefor the Nebraska State BarAssocia tion.

FR. ROBERT G. PHELPS ofAiea , Hawai i, celebrated his sil ­ver j ubilee as a Capucatinpri est. He is also a me mber ofthe m arriage tribunal of the dio ­cese of Honolulu.

WILLIAM H, MCCARTNEYof Lincol n, Nebraska , Nebraskainsurance co m missioner, wasinstalled as preside nt of theNational Association ofInsuran ce Com m issio ners.

1975

S y lvan Siegler. '50

1971

1973

WILLIAM J . COOK ofGeneva, Illinois, is counsel atWillia n, Brinks, Olds, Hofer,Gilson f., Lian e in Ch ica go ,Illi nois, where he works in patentand trade secret litiga tion an dadv ises cli ents on co m putersecurity and avoiding theft .

FRANCIS (FRA NK) T.DAVIS of Austin, Texas, is inprivate prac tice.

JO HN P. PEETZ, III . ofLincoln, Nebraska, is execut ivevic e- president of Crete CarrierCorp.

JOHN S. SLOWIACZEK ofOmaha, Nebraska, is a princi paland stockholder with the lawfirm of Liebert, Dahlk , Whitt ed,Houghton , Slowleczek £,. Jahn,P.e.

RODNEY G. GNUSE ofOma ha, Nebraska, was appoi nt­ed section chair of the 1992Worke rs' CompensationCommittee for Nebraska StateBar Associ ation.

EUGENE L. KELLY ofNorfolk , Nebraska , was electedpresident of the Madison CountyBar Assoc iation.

1977

MICHAEL BOYLE ofOmaha, Nebraska, opened thelaw firm of Boyle S Associates.

JOHN F. IRWIN of Papill ion,Nebraska, is one of the first sixjudges on the new NebraskaCourt of A ppe als.

1974

JOHN C. BRO WNRIGG ofOma ha, Nebraska, is president­elect of the Nebraska State BarAssociation.

JAMES B. CAVANAGH ofOmaha, Nebra ska, is a princi palof Lieben. Dahlk , Whi tt ed,Houg hton, Slowiaczek £,. Jahn,P.e.

1976

DAVID B. DEBOER ofOmaha, Nebraska, is managerof ma rketing serv ices forGuarantee Mut ual LifeCompany.

ERIC W. KRUGER ofOmaha, Nebraska, for med apartnership of Kruger [, Switzerwith Will iam Switzer, J r. '87.

1978

E. SCOTT DOSEK ofTem pe, A rizona , is a partner atKutak Rock .

17

KENNETH F. GEORGE ofKearn ey. Nebraska . was electedsecreta ry -t reasurer of th e Buffa loCounty Bar Associa tion .

THOMAS A . GRENNAN ofOmaha. Nebraska. is a partne rin th e law firm of Gross £,Welch .

LT. COL. RUSSELL W.GROVE of Yuma. Arizona. is ajudge with the U.S. MarineCorps in Palms. Califo rn ia.

JOHN D. HARTIGAN. JR.•of Omaha. Nebraska . wasappointed to the DouglasCounty D istrict Court for the 4thJudicial D istr ict.

SUSAN S. LEBENS ofOmaha . Nebraska, was namedgeneral counsel for labor andem ployment at Mutual ofOmaha. She was also honoredby the Omaha YWCA at theTr ibute to Wom en luncheon forher contributions to th e com­munity.

DARRYLL LEWIS ofOmaha, Nebraska, is Ass ista ntProfessor of Business Law atthe University of Nebraska atOmaha. He is an adjunct pro­fessor at Cre ighton Law School,teaching Workers' Com pen­sation . He also officiates at BigEight football games.

COL. SUSAN P. MCNEILLof Washington. D.C.. is thehighest rank ing AfricanAmerican woman of all o f thebran ches of the ArmedServi ces.

PAUL M. STROHFUS ofSanta Rosa. Ca li forn ia. is assis­tant vice -president and d irec to rof staff counsel. western U.S..for Fireman's Fund InsuranceCompany.

1979

JAMES F. CROUNSE ofA lexandria, Virgin ia, is vice ­pres ident and Washingtondi rector for Campaign Perfor­mance Group, lnc., a SanFrancisco -ba sed po liticalconsulti ng firm specia lizing indirect mai l.

JOSEPH E. JONES ofOmaha. Nebraska. wasappointed section chair of the1992 Utigation Com m ittee forthe ebra ska State BarAssociation .

MICHAEL D. KOZUK ofO maha. Nebraska . was namedone of Ten Outstanding YoungOmahans for 1992 by theO maha Junior Chamber ofCom m erce .

RITA L. MELGARES ofOmaha , Nebraska . was hon­ored by the Omaha YWCA atthe Tribute to Women luncheonfor her contributions to thecom m unity. She practices withQualley £, Assoc iates.

WIWAM G. SCHIFFBAUERof Washington , D.C., is a part ­ner in Groo m £, Nordberg.

MICHAEL R. SNYDER ofKea rney, Nebraska . wasappointed section chair of the1992 Ban kruptcy Com m itteefor the Nebraska State BarAssociation.

ROBERT C. WESTER ofPapillion . Nebraska , continuesto serve as secretary -treasurerfor the Second Judicial Distri ctBa r Assoc iat ion .

1980 _

CARL R. BEHRENS ofBu rtonsville. Maryland . was

18

promoted to Lieutenant Colonelin the Un ited State s A ir ForceReserve.

MARY L. BUFORD ofO maha. Nebraska. wasappointed chair of the 1992ElderLaw Com m ittee forNebraska State BarA ssoc iation .

ROBERT L. DROZDA ofBo ise, Idaho, is in charge of thetax department of Coopers f.,Lybrand 's Boise office.

DENISE A. HILL of Omaha.Nebraska. was appointed sec­tion chair of the 199 2 U tiga tionCommittee for Nebraska StateBar Association .

PAMELA J. HINRICHS ofRenton, Washing ton, is hou secounsel for Allstate InsuranceCom pany in Seattl e.

DENNIS A. PICK ofHouston , Texas. is controller for"Enron America s."

SHARON A. SMITH ofOm aha. Nebra ska . is a m anag­er of Ak-Ser-Ben , with oversightresponsibil ity for th e entire co m ­plex .

KIMBERLY A . YELKIN ofAu stin. Texas, is a partn er in the

Hon. John D. Hartigan. Jr.. '78. watchingthe Moot Court competition {inal round

office of the Da llas -based lawfirm of Akin, Gump, Hauer [,.Feld. She pra ctic es insuranceand legislative law.

1981

MARTIN G. CA HILL ofGrand Island, Nebraska, isDakot a County's first publicdefend er.

PATRICIA RUSSELL CORI·DEN of Eau Clai re, Wiscon sin,is assistant vice -presiden t ofFirst Wisconsin Nat ional Bank.

KATHRYNE A. CUTLER ofCounc il Blu ffs, Iowa , is vice­president and dir ector of rein­surance and co m pliance of theMutual of Omaha Companies.

MICHELE M. FROST ofOma ha, Nebra ska , is associategeneral counsel at Mutual ofOmaha Com panies.

MORRIS O . PASQUAL ofChicago , Ill inois, is with the U.S.Attorney's Office.

MICHAEL G. REILLY ofCounc il Bluffs, Iowa , receivedthe Iowa Tr ial Lawye rsAssoc iation's 199 1 Outstand ingMember Award. He practiceswith Perk ins, Sacks, Hannan,Reilly and Petersen.

CHA RLES H. RICHTER ofOma ha , Nebraska , was namedpresident of Investors FirstSecurit ies, Ltd .

1982

GREGG H. CO FFMA N ofEstes Park , Colorado, is with thelaw firm of Hallberg [,. Brown.

MARY C. GILBRIDE ofWahoo , Nebra ska , was appoint ­ed by Governor Nelson to

Nebraska's Fifth Distr ict CountyCourt.

CA PT. JAMES M. HEATONof Springfield, Virg inia , is appel­late defen se co unsel fo r theU.S. A rmy Legal ServicesAgency in Falls Church,Virgin ia.

DANIEL A . LAKEMPER ofE. Peoria, Ill ino is, is generalco unsel for Wittek CompaniesInte rnationa l of Galesbu rg.

JOHN L. MCKAY. JR.. apartner in the Seattle,Washington law firm of Lane,Powell, Spears, Lubersky, is agovernor of the American BarAssociation.

NANCY T. MORRIS ofOmaha, Nebraska, holds the ,position of General Counsel forStreck Laboratori es, Inc ., world­wide leader in the manufactureof hematology reference con­trols and other quality assur­ance produ cts for cl inical labo­rato ries, phys ic ian offices, andhospi tals.

CHRISTOPHER F. PICKER­ING of Overland Park , Kansas,is an associate with the law firmof Shughart, Thomson [,. Kil royin Kansas City, specializing inm edical malprac tice and insur­ance defense.

DAVID P. STOKES ofOma ha, Nebraska, is generalco unsel for A ppliedCom m unications, Inc .

CA SSIE A . STROM of St.Louis, Missouri, is an associatein the law firm of David Hender­son in Monroe City, Missouri.

BARBARA LOHR VANSANT of Omaha, Nebra ska ,pract ices with Schmid, Moon ey[, Frederick , P.c.

19

1983

ROBERT W. GINN ofOm aha , Nebraska, is wo rk ingfor the Lega l Aid Society.

PHILIP J . MAHONEY ofSioux City, Iowa, has joinedGreat West Casualty Companyas legal co unse l.

JAY K. MALKIN of Denver,Co lorado , is a shareholder inthe law firm of Klaas, Law,O'Meara [,. Mal k in, P.c. Thefirm specializes in patent andtradema rk law.

MICHAEL D. MATEJKA ofOmaha, Nebraska, attorneywith the law fir m of Fitzgerald ,Schorr, Barmett ler [,. Brennan,is president of the Uni tedCatholic Social Services Boardof Tru stees.

TH OMAS D. WULFF ofOma ha, Nebraska , formed alaw firm of Rickerson, Welch SWulff.

Professor Darry/l Lew is, '78, andJona than Leonard, '93

1984

JILL R. ACKERMAN ofOmaha, Nebraska , is a partnerat Ba ird , Holm, Mc Each en,Pedersen, Hamann [,Strasheim.

CRA IG W. CAMPBELL ofWichi ta, Kansas. is a persona ltrus t and investm ent m arketi ngofficer with BANK IV.

MARK J . MILONE ofOmaha, Nebraska, is a share­holder in th e law firm ofSchmid, Mooney £, Frederick.

SCOTT A . ROBERTS ofDecatu r, Illinois, is senior atto r­ney in the law department ofArcher Daniels Mid landCom pany.

J AMES P. ST. CLAIR ofVirginia Beach, Virginia, is apartner in the Anderson, Norris[, Geroe law firm.

JAMES G. TOMKA of DesMoi nes, Iowa, is an attorney forthe State Public Defender'soffice in Fort Dodge, Iowa.

1985

WILLIAM J . CRAMPTON ofKansas City, Missouri, is a part­ner at Shook, Hardy [, Bacon.He practices in the area ofnat ional products liability lit iga­tion.

MARY KAY (PRYO R)FRANK of Oma ha, Nebraska,is a shareholder and director ofthe law firm of Fraser, Stryker,Vaughn, Meusey, Olson, Boyer[, Bloch, P.e.

Y.E. (GATES) SCOTT ofA urora, Colorado, is an assis­tant attorney general for thestate of Colorado.

PATRICK B. GRIFFIN ofOmaha , Nebraska, is a partnerat Kutak Rock .

MICHAEL J . MURPHY ofOa k Park , Illi nois, is with thelaw firm of Eic h S Franklin inChicago as an associate attor­ney.

MICHAEL E. PIEPER ofWayn e, Nebra ska , is WayneCounty Attorney.

JOHN C. RASMUSSEN ofOmaha, Nebraska, joined thelaw firm of Smith, Peterson ,Beckman S Will son in Cou nci lBluffs, Iowa, as an associ ateattorney.

SCOTT H. RASMUSSEN ofOmaha, Nebraska , is a m em berof the Brown S Brow n law firm.

BRIEN WELCH of Omaha,Nebraska, is a partner with thefirm of Cassem , T ierney,Adams, Gotch, and Doug las.

1986

CONNIE E. ANSTEY ofGlenwood, Iowa, was appointedthe Mills County attorney by theMills County Board ofSupervisors.

Susan S. Lebens, 78

20

JOHN L. APKER ofOm aha, Nebraska , practiceswith Schmid, Mooney SFrederick, P.c.

PAMELA S. BLOCH ofOmaha , Nebraska, is associat­ed with the firm McGowan [,Hearty.

MARK JOSEPH BREINERof Lincoln, Nebraska , wasappointed section chair of the1992 General Pract iceCom mittee for the NebraskaState Bar Association.

JEFFREY J . COLERICK ofColorado Spr ings, Colorado,op ened his own law office. He isan office r of the Colorado BarAssociation Young LawyersDivision Executive Counci l; amem ber of the EI Paso CountyBar Association Board ofTrustees; and on the ExecutiveCom m ittee of the Board ofD irecto rs of the Better BusinessBureau of the Pike Peak Region.

MI CHAEL F. COYLE ofOmaha, Nebraska, wasapp ointed sect ion chai r of the1992 Young LawyersCommittee for Nebraska StateBar Association. He is also ashare holder and director of thelaw firm of Fraser, Stryker,Vaughn, Meusey, O lson, Boyer[, Bloch, P.e.

CAPTAIN JAMES J . D1L1B­ERTI is stationed outsideFrank furt, Germany with theArmy J ag.

DANIEL A . GALLAGHER ofOmaha, Nebraska , joinedNational Indemnity InsuranceCompany.

CHRISTOPHER L. INGRIMof Chicago, Illlnols , is secretaryand edito r for the Illi nois StateBar Association's SectionCouncil on International andIm migration Law.

Rita L Melgares. '79

1987

ANN E. CARLSON ofKansas City, Missouri . is associ ­ated with Martin, Leigh E. Laws.

LISA (KESSNER)MCGLASTON of Oma ha.Nebraska, is in the Law Divisionof Mutual of Omaha .

THOMAS J . NEMIA of LittleNeck , New York . is an assistantprosecu tor with the HudsonCounty Prosecutor's Office inJe rsey City, New Jersey.

SCOTT J. ROGERS ofCouncil Bluffs. Iowa , wasappoi nted to the Coun cil BluffsZoning Board of Ad justment.

WILLIAM L. SWITZER, JR.,of Omah a, Nebra ska, formed apartnership of Kruger E. Switzerwith Er ic Kruger, '77.

THOMAS L. STEELE ofKan sas Cit y, Missouri, is assis­tant general cou nsel ofAme rican ConsolidatedFinancial Corporation .

DEBRA (ZORN) JENNINGSof Omaha, Nebraska. sta rtedher own practice and is workingout of her home,

CHERYL M. KESSELL ofOmaha, Nebraska . is a DouglasCoun ty Public Defender.

HOLLY BROWN KNEIF ofBothell. Washington . is associat ­ed with Bailey. Duskin E. Peiffle.

TIMOTHY W. NELSEN ofNebraska City, Nebraska. wasnamed president-elect of theSecond Judic ial District BarAssociation .

THOMAS J . ROHAN ofOm aha, Nebraska, is a trustofficer wi th FirsTier Bank .

SUSAN K. ROSBURG ofO ma ha , Nebraska , is a trustofficer with FirsTi er Bank .

MICHAEL A. SMITH ofOmaha, Nebraska, was electedpresident of the O mahaBarristers. a social organizationfor attorneys in the Omaha areaage 35 and under. He practiceswith Young and LaPuzza.

JAMES E. THORN. II.returned from Scotland wherehe was in a play and is attend ­ing graduate school in Iowa City,Iowa.

Class of 1941 Reunion

2 1

LAURA (CHAGNON) TIGHEof Golden, Colorado, is a claimlitiga tion counse l III for the StateFarm Insurance Company inDenver, Colorado.

KAR EN VERVA ECKE ofOma ha, Nebraska, is wi th thelaw firm of Young £, La Puzza asan associate.

1988

EE, " EDDIE" EBERSOLDof Omaha, Nebraska, joined thelaw firm of Cohen £, Dodge as apartner.

BRIDGITT BROCHTRUPERICKSON 01Omaha,Nebraska, was appointed PlatteCounty Attorney by the PlatteCounty Boa rd of Superv isors.

MICHELLE T, HA NNI GANof Denver, Colorado, is workingfor Lega l Aid.

CHERYL L. MASON ofWashington, D.C. , is wo rking forBoard of Vetera ns Appeals.

ROBERT J. PETRILLI ofNorwalk, Connec ticut, is withthe Stanford office of the LosAngeles-based Jaw firm of PaulHastings, Janofsky s Walker a~a litiga tion assoc iate .

1989

MARK D, ALBIN of Norfolk,Nebraska, was elected secre­ta ry- treasure r of the MadisonCounty Bar Association.

JAMES G, BITZES ofBellevue, Neb raska, was pro ­moted to Captain in USAF.

DANIEL LEE BLOCK ofWater loo, Iowa. is the chief juve­nile prosecutor for the BlackHawk County Attorney's office.

BEVERLY L. BOGLE ofElwood, Nebraska, is associatedwith th e law firm of AndersonKlein, Peterson and Swan in 'Holdrege, Nebraska.

Class of 1976 Reunion

22

PATRICK W. DONOVAN ofRapid City, South Dakota, isworking wi th the Publi cDefender's Off ice.

LISA J . GOLDEN of LosAngeles, California, is an associ ­ate with O'Flaherty [, Belgum.

PATRICK J . GREGORY ofKansas City, Missouri, is anassociate at the law firm ofLathrop £,. Norquist.

BRYAN S, MICK of Omaha,Neb raska, is associated with thefirm of Betterm an £,. Katelman.

MATTHEW G. MILLER ofOmaha, Nebraska, is an associ ­ate at the Gross £,. Welch lawfirm.

BRIEN P. O 'BRIEN of SouthSioux City, Nebraska, joined thelaw firm of O'Br ien, Galvin,Moeller £,. Neary.

MARK O STROWSKI ofChicago, Illinois, is a prosecutorin the crimina l division of theCook County state's attorney'soffice, felon y tr ial cour ts.

Michael D. Kozlik, '79

CATHERINE SHUGRUE·SCHAFFNER of Omaha ,Nebraska , is associated withPolack , Woolley £, Forrest, P.c.

ROBERT W. THOMPSON ofSalt Lak e City, Utah, was elect­ed secretary- treasurer of thefranchise section for the UtahState Bar.

CA PTAIN DOUGLAS J .YOCUM was prom oted to hiscurrent rank in the U.S. Army,and is a defen se co unsel atTorri Station, Japan.

1990

JULIE E. BEAR ofPlattsmouth, Nebraska , is anassociate with the law firm ofReinsch and Slattery, P.c.

MICHAEL P. DOWD ofOm aha, Nebraska , formed thefirm of Dowd [, Dowd with hisfather Thomas F. Dowd '63.

2ND LT. STEPHEN J.FLYNN of Will iamsburg ,Virgin ia, graduated from theBasic School at the MarineCorps Com bat DevelopmentCom m and in Qu anti co,Virg in ia.

KANDACE C. GERDES ofAurora , Colorado, earned ama ster of laws in taxationdegree from the University ofDenver College of Law.

LISA M. HENKEL ofOmaha , Nebraska, is an associ ­ate in the firm of Fitzgerald,Schorr, Barmettler [, Brennan.

CARMEN G. HICKS ofHem ing ford, Nebraska, waselected president of the BoxButte County Bar Association.

PAUL G. HOFMANN ofSanta Barbara, California, ispracti cing in a civil lit igationfirm, Tardi ff [, Staton.

JENNIFER (WOLFE) JER·RAM of Kansas City, Missou ri,is associated with Shook, Hardy£, Bacon in the national prod ­ucts liability litigation section.

LISA M. KRALIK of LosAn geles, Californ ia, is an asso­ciate with the firm of Grace.Skocypec, Cosgrove £, Schirm,work ing in its appellate insur­ance bad faith defense depart ­me nt.

SHERYL L. LOHAUS ofOmaha , Nebraska , is workingfor the Legal Aid Soc iety.

GEORGE R. LOVE ofOmaha , Nebraska , is associat ­ed with Qua lley [. Associates.

KEVIN J . MCCOY ofOma ha , Nebraska, is associat­ed wit h Mutual ProtectiveInsurance Company.

LO RETTA D. MCDONALDof San Diego, Californ ia, isassocia ted with Laturno [,Wilensky.

PAULA S. MCNAMARA ofSacram ento . Califo rnia, is prac­ticing with the firm of Brady £,Kent .

THOMAS W. MCPHERSONof Omaha, Nebraska, is anassociate of the firm of Schm id,Moone y [. Frederick , P.c.

23

MICHAEL J. MCQUILLAN ofGrand Island, Nebraska , earned amaster of laws in taxation degreefrom the University of DenverCollege of Law.

MARK A. PIEPER of Omaha,Nebraska, joined the law firm ofMcGill , Gotsdiner, Workman £,Lepp, P.c.

ROBERT C. RAMOLD ofChicago, Illinois, is pract icing withSonnenberg, Anderson. O'D onne ll£, Rodriguez in the area of inter­national trade law with an em pha­sis on customs law.

GREGORY C. SCAGLIONE ofO maha, Nebraska , is an assoc i­ate in the firm of Koley, Je ssen,Daubman £, Rupiper.

MICHELE L. SEGER ofNorfolk , Nebraska, joined thelaw firm of J ewell, Gatz, Coll ins,Dreier and Fitzgerald.

STEVEN S. WASSERMAN ofClayton , Missouri , is associatedwith Cof felt [, Coffelt, P.c.

MICHAEL J . WHALEY ofOmaha, Nebraska , is an associ ­ate with the firm of Gross [,Welch , P.c.

199 1

JAMES G. ALBANO ofOm aha , Nebraska , is a corporatecounsel fo r Un ion PacificRailroad .

LISA A. ARECHAVALETA ofOmaha , Nebrask a, is worki ng forthe Counc il Bluffs Savi ngs Bank'stru st department.

BARRINGTON D. BAKER ofChicago , Ill inois, is worki ng withthe Illinoi s Attorney General.

JAMES M. BARKER of LasVega s, Nevada , is associated withGiffo rd [, Vernon .

The progress and programs wh ich you will read abo ut in thesepages are mad e possib le by the conti nuing support of the alum niand friends of Creighton Un iversity School of Law. More annualfund support fo r the Law School wa s rec eived this pa st year thanin any pre viou s year, and we thank all of our donors fo r theirgenerosit y. We ho pe you wi ll take a moment to read about theexciting programs supp orted by your g ifts.

All of the alum ni and friend s wh o support the School of Lawwil l be recognized in the University Hon or Roll of Donors, to bep ublished in Novem ber. We pa y speci al tr ibute here to thosedonors who are m embers of the Law School Recognit ion Clubs,including Associates (gifts of $ 100 - $249), Sponsors (gifts of$25 0 - $499), and the Dean's Club (gifts of $500 and more ).Th e recognition club program, now two years o ld , incl udes unre ­str icted gifts de signa ted speci fically to the Schoo l of Law.

We hope we can print your nam e in this secti on next ye ar.Thank yo u from all of us at Creighton Law School!

Ann Ferne '85Di anne and Ja mes Fitzgerald '74Mary Ann (Spellman) '72 and

John GerstnerMargaret and Donald Girard '62Marian and Hon. John Grant '50Howard HahnHon. John Hartigan, J r. '78Joseph Hastings '71Margaret and Harry Henatsch '41Marie and L. Wallace Hopkins '51Virginia and Jack Kinney '50Skaye and Albert KirkRita and Donald Langdon '50Kathleen and Will iam Lillis '68Helen and Jerome Mahoney '33Joy and Leo McCarthy '63Margaret and Mark Moreno '83Marie and Thomas Morrissey '60Walter Nelson '52Vicki and Howa rd Neuhaus '65Mary and Ern est Ondracek '33A llan Osborne '68Kathryn (Mestecky) Plou rde '68Ruth and Willi am Redle '38Mau reen and James Silhasek '72Ann and Richard Smith '77Kathleen and Daniel Swift '80Jeanne and Emmet Tinley '41John Wagoner '38Robert Wag oner '86Charles Walker '83M. Virginia and Thomas

Walsh, Sr. '51

DEAN 'S CLUB

Blanche BeckenhauerDiane and W. Patrick Beuerman '75Marianne and Thomas Culhane '74Frances and Duane Dowd '65Kim and Arthur Eggers '77Anne (J ansen) '78 and

Michael Fortune '71Barbara '76 and Kenneth GaskinsMelanie and John George '70Margaret and Joseph HeImann '47Marianne and Dennis Hogan Jll '73Alice and James Ingraham '50Connie '87 and Leonard KearneyW. Gary Logan '68Patrick McCabe '87Mary Lou and Gordon Miles '64Sandra Morar '88 and Bruce

Rohde '73Mary (Ni iles) '82 and Kevin NemetzRose Mary and Robert Pratt '72Dinah and Lawrence RafulSteven Scholer '79Edward Shafton '30Lois and Rodney Shkolnick

Angela Smith '88Frances and Lt. Col . E.J .

Solomonow'35Dianne (Loenn ig) Stoddard '75David Svoboda '59Susan and John Thomas '74Isabe l and John Tomek '33Barbara and Maynard Weinberg '66Gail Werne r-Robertson '88 and

Scott RobertsonLi sa and Steven Zaritsky

SPONSORS

Carlene and Mark A lbin '89Ruth and Frank BarrettPatricia and James Bausch '69Rosemary and Michael Boyle '83Marjory and Robert Burchflel '64Margaret and Francis Cudahy '35Norma and Benjamin Cunningham.

Jr. '5 1Ruth D ineenP, Maxine and Donald Eva ns '47

24

ASSOCIATES

Paul ine and Milton Abrahams '27Gaylene and Bruce Abrahamson '76Cathy and LaVerne A bts '48Peter Ahern '76Peggy and Phillip AkinsJane (Green) '72 and Jeffrey AlsethPoll y and Joseph Andres '78Roger Andrews '42Nancy and Steven Archbold '76Hen. Edna Atk ins '70Emiko and lion. Eugene Atkinson '60Kara and John Bachman '78Marla and John Baker '62Nadine and Lauren Barnebey '48Jeanette and Joseph Bauer '73Phyllis (Verzani) '53 and A. J . BeckRose and Wal ter Bednar '39Ardis and F. Will iam Beeler '59Frances '90 and Gary BertschBarbara and Patrick Birmingham '69Susanne and John Blomstrom '75Thomas Boehm '74

Tristan Bon n '85Kathryn and Martin Bordoley '70Janet and Richard Bordwell '82Patricia and John Bore r, Jr. '53Phyllis and Robert Breisch '65Catherine BrooksLibby and Frederick Brown '39Peggy and Robert Brown '58El izabeth and John Brownrigg '74Maj . Roberta Buchman '8 1Patricia and Hon. James

Buck ley . Jr. '59Thomas Burke '5 1Catherine and Han , Robert

Burkhard '52Marybeth and Vaughn Burkholder '82Susan Burnett '84Donna and John Bush '85Barbara and Larry Butler ' 77Brian Campbell ' 77Megan (Merrill) '84 and

Craig Campbell '84Omena and Loui s Caniglia '49Debra and Han. Theodore Carlson '63Erin and Richard Carlson , .Jr. '83Han. Frank Charvat '26James Clarity III ' 76Stacy and J . Michael Coffey '74Belva Joy and Dr. James CoffeyJoyce and James Coil '77Susan and James Connor '79Christina Moore·Conti and

Louis Conti '75John Coots, Jr.Beverley and James Cosgrove '55Alesandra and John Cotton '76William Crampton '85Nancy and Mark Crimmins '85Virginia '75 and C. Benjamin

Crisman '75Ann and Philip Crowley '74Pamela and Gene Cullan '87Virginia Cullan '83Patr ick Cullen '75John DaCorsi '69John Daly '40Cathleen and John Danielson '7 1Michael Dav lin '80Judy and Dr. John Decker '70Louis DePauli. Sr. '54Richard DeWitt '75James Dineen '70Richard Dinsmore '7 1Joyce '75 and Harry Dixon '72Jean and Edward Dona hoe '40Betty and Brig. Gen. Edwin

Dosek '48Dr. Diana and Robert Doyle '74Ann Marie and Francis Duffy '51Patricia (Larsen) '82 and Michael

Dugan '62

Margaret and David Earle '81Renne Edmunds '59Thomas Egan, Jr. '73Bernadette and Ja mes Egr '73Virginia and Albert Eng les '72Deborah Eyler '81Dr. Rose Feithe '60James Fenlon '7 1Charlyn and Dr. Stanley FllewiczLyn n Fillenwarth '76Patricia and Robert Fltzqe rald '76Sonya and Terrance Aeming '76Mary Ann and Joseph Ford '71Susan and Col. LeRoy Foreman '63Jean and Joseph Forman '48Theodore Fraizer '79Jean and Daniel Fritz '66Mary and Hon . Mark Fuhrman '64Gail and Barry Funnan '75Gary Gallner ' 79Judy and Michael Gallner '74Philip Garland ' 73Madeleine and leon Gaskill '50Dewie GaulMark Geary '65Janelle and Frederick Geihs '62Marilyn and Kenneth George ' 78Eileen and Jon Gergen '70Han. Mary '82 and Ronald

Gilbride '74Dawn and E. J. Giovannetti '66Annette and Lyle Gisi '64Rebecca Givens '88Mary and Robert Gond ennqer '82Kenneth Gould ' 70Barbara and J . Patrick Green '65Sara Greenberg '81Beverly 'SO and Randall GreerGrace and A lbert GriecoAndrew Grimm '7 1Vick i and Bernard Gutschewski '7 4Drs. Eunice and Bernard Gyger '45Wendy Hahn '84William Harding '48Robert Hark insMary Harper '78Susan and lawrence Harr '62Marcia and R. Robert Harri s '58Maurice Hart '65Valerie and Richa rd Hauser, .Jr. '84Shauna and Richard HaulZinger '80lorene and John Head '35Marian Heaney '83Dorris and William Heaston '68luJean and Robert Heithoff '50Michelle Heller '80Werner Hennings '58Jacqueline and John Herdzina '72Jonathan Heusst '79Bett ie and Hon. Paul Hickman '51Virginia Hippee

25

Margaret and ThomasHoarty, J r. '73

Scott Holm es '77Kathleen and Mic hael Howard '7 1Victoria and Hon. Roman Hruska '29Mary and Terre nce Huelska mp '86Alicia and Euqene Hynes '71Beth and John Inserra '76Michael Ja hnke '86Josephine and Walter James, .Jr. '49Frances and Mark Jansa '78Nancy and Michael Johnson '76Maureen and William Johnson '77Donna and Marc Jonas '75Holly and David Jones '87Dianne and David Jungmann '79Howard Kaiman '67Ardean KanouffPatricia and John Kanouff '67Marylynn and James Kaus '68Jane and Edward Keane '79Kerry and Craig Kelley '86William Kelley '39Kathleen and Rich ard Kelly '75Hon. John Kelly, Jr. '61Elizabeth and William Kennedy '47Marilyn and Hugh Kenny '75Flo and Eugene Kessler '41Colleen and Dennis Kirven '73Maureen and Richard Kizer '73Mary and Charles Kluver '68Joan and John KnappDr. Michelle and Peter Knolla '74Mari a and Robert Knowles '85Karilyn Kober '80 and

J. Will iam HenryJanet and Mark Kratina '76Han. Lawrence Krell '3DM, Angela '80 and Stanley KriegerBarbara KroneSharon and Stev en Kryger '78Kay and Larry Lamb '64Keith Larsen '89Azalea and Arth ur Larson '4 1Eva Mari e (Stone) '85 and

Robert Leahey '89Katherine and Leighton Lee til '74Richa rd levinLisa '77 and Dennis LewisFrank Liebert '35Mary Likes '80Betty and Fred Lin dburg '38Robert Lindeme ier '84Miriam (Hendricksen) ' 76 and

Thomas Lindmeier '76Louise and Stephen Lowe '79Carol and Timothy Luce ' 77Hon. Patrick Lynch '38Carol and William Lynch ' 76Deborah MacDonald '80Korene and James Maenner '79

San dra and Phill ip f-\alouff, Jr. '78Margaret Markwa rdtMa ry and Richard Marshall, .Jr, '79Nancy (Whi te) '82 and Robe rt

McCaigJoa n and Michael McCarthy '76Lorna and Jam es McCarty '83Er in McCu llo ugh '86Michae l McEnroe '76Han. Roy McGeady '6 8Maureen McGrath '7 1Dorothy and Han . Fr anci s

Mc lane '51Nancy and John McManus '75James McNally '32J ill and Frank Mihulka '83Billie and Michael Miller '60Margaret and Bernard

Milnamow '36Mark MitchellA my and John Moeller '84Donna and Thomas Moh rhauser '77Kathleen and Gerard Monda ySally and Maj , Gen . David

Morehouse '60Nadine and A llen Morrow '48Carol and John Mullen '67Patricia and Donald Mull in '55Daniel Murphy, J r. '39Judith Napier '77Richard Neill '40Lisa and John Nelson '87Rosemar ie and Joseph NemiaThomas Nem ia '87Kent NeumeisterAmy and Steven Nolan '85Maureen (Murray) '87 and

Cra ig O 'ConnorPaula- dean and John O'Hanlon '7 1Jan e and Richard O'Toole '51Susan and John Ohman '72Mark Olague '83Sara (Adam s) '83 and

Ste ven Olsen '83Lee Ann and Phillip Orschein '8 1Cha rlotte and Ja mes Owens '70Sheryl Park inson '80 and

James HohensteinRev. David Paul, S.M, '88Kim and Stuart Pau lson '84Gertrude (f-\arti n) '41 and

Clement Pedersen '4 1Vicki and John Peeb les '7 8JoAnn and George Penry '66Sall y and Neil Perloff '73An n Emma and Joseph PiscitelliJud ith and Richard Pitt ' 78Charla and Richard Pluimer '7 9

Peggy and Steven Pribnow '86James Pugh '77Th omas Q uinlan '33Catherine and V, Paul Quinlan '50Margaret and Douglas Quinn '78Jack RahmMark Rater '89Joan and George Reed, Sr. '39Walter Reed III '91Ju lie and Mi cha el Reilly '8 1Dr. Alfonso Remed iosJa mes Rem ingtonDiane and Mark Rhodes '76Kath leen '77 and Dr , Bruce

RichardsonDr . Stephanie and John

Richardson, Jr. '89Ruth and Hon. Theodore

Rich ling '37Martin Ricks '69Hon . Will iam Rile y '6 1Elizabeth and Thomas Riley, Jr. '42An ne and Robert Rissi '55Robe rt Roach '78Carol and Leroy Rogers '63Gill and Frank Romano III '76Jerome Rosenblum '70Jea nne and William Ross '61Stephen Rubes '82Barbara and Jack Ruesch ' 76Linda and Gerald Russell '73Velma and Kenneth Sacks '54Adrienne and J . Robert Saffell '63K im and Terrence Salerno '79Rosemary and Roland SantoniM: Chri st ine and Robert Schell '79Ka y and Stephen Schroeder '75Patricia and Bradley

Schweer, Sr. '77M. Susan and William Seide '87J eann e '90 and David SelzerCo lleen Shanahan '81Thoma s Sharkey '72Keith Shark in '82Merna and Sylvan Siegler '50Richard Singsank '77Gabriela and Leonard SkitzkiHelen and Joseph Slattery '39Dorothy (Meyer) '76 and

Gregory SlomaRobert Slovek '84Gail and Fra ncis Smi th '7 6M. Ja ne Sm ithLinda and Frederick Starrett '7 6Jane and Ronald Stave '7 1Marci and Larry Sto ller '80Tara Stone house '80Pamela and Paul St rohfus '7 8

26

Jeanne (Anderson) '80 andJohn Sullivan

Nancy Svoboda '83Susan and James Symonds '75Theodore Tedesco "59A rpe r Tentman, Jr .Thomas Thalken '66Minnie and Morri s Thompson '80Mary and James Thornton '59Charles Thronson '77Mary and Rob ert Thurmond, Jr. '39Pat rick Tott '91Donna and John Tremaine '74Diane '76 and Ronald Vanden DorpelMaria and Leonardo VilaBarbara and Robert Viola '75Roselyn and Rona ld Volkmer '68El izabeth and C. Robert Vote '80John Wachter '4 1Judith Wagoner '7 1Mark Walbran '74Mau reen and James Waldron '79Evelyn and Robert Walker '41William Wallw eyRita and Maj . Gary Walsh '80Josephine Wand el '85Cynthi a and Christopher Weber '67Allan WhelanKent Whinnery '68Hon. C. Thomas White '52Michaela White '79Ralp h WhittenLori Wiese -Parks '8 1Timothy Will iam son '89Paula '91 and James WilsonVirginia and Peter Wolters ' 78Juli e and Norman Wright '78Andrew Wylie '87Paul Yat ron '76Marlene and Hon. Willi am

Zastera '71Patricia l ieg '75Julia Gold '76 and Robert

Zielin sk i '62Lucinda and Will iam

Zimmerman, J r. '79

VICKI L. BOON E ofOma ha , Neb raska, formed anew law firm Boone [, Melcher.

ROBERT E. BOTTS, JR ., ofDenver, Colorado, is associatedwith Holland f,. Har t.

DANIEL P. BRACHT ofOmaha , Nebraska , is a ssocia tedwith Betterman [,. Katelman.

JEROME D. BRESLIN ofOmaha, Nebraska , is workingwith the Douglas County PublicDefender's Office.

Alumni News cont.

DONNA L. CON NELL· LUD·WICK of Omaha , Nebraska ,received one of two Di st ing­u ished Young Alumni Awardsfrom Chadron State College.

ANTHONY A . DAVIS ofOmaha, Nebraska, is a corpo­rate counse l for Union Pac ificRailroad.

WILLIAM A . DELOACH, III ,of Omaha, Nebraska, is th e newAssista nt Dean for Admissionsand Student Serv ices atCreighton University School ofLaw.

ABIGAIL A . DUFFY ofOmaha, Nebraska , is an asso­ci ate of Marks £, Cla re..

STEPHEN C. EBK E ofCouncil Bluffs, Iowa, j o ined thelaw fi rm of Porte r £, Tauke.

LANE D. EDENBURN ofOm aha , Nebraska, is an asso ­cia te w ith Erickson £,Sederstrom , P.C.

TIMOTHY P. BROUILLETTEof North Platte, Nebraska. isassociated with G irard andStack, P.c.

JOHN S. BURBRIDGE ofRushville, Nebraska, is an asso­ciate in the fi rm of Smith andKing.

JOHN M. CARROLL ofPierre, South Dakota, is clerkingfor Judge Frank E. Hendersonof the South Da kota SupremeCourt.

STEPHANIE A. CHARTERof Laguna Niguel, California, isan associate with Rigg £, Dean.

LISA M. CHIONE of Omaha,Nebra ska, is work ing for theHonorable Charles L. Smith inCouncil Bluffs, Iowa.

SUSAN L. CHRISTENSENof Harlan , Iowa, is associatedwith Larson, Childs [, Hall , P.c.

PEDRO L. CISNEROS ofArlington, Texas, is an AssistantDistrict Attorney.

Class of 1977 Reunion

27

John L. McKay , Jr., '82

MATTHEW J. EFFKEN isclerki ng for J udge Thoma sShanahan of the NebraskaSupreme Court.

MARTI L. ENGLISH ofOmaha, Nebraska, is work ing forthe Dodge County Attorney'sOffi ce in Fremont.

MICHAEL T. FINDLEY ofOmaha , Nebraska , is associatedwith Hansen, Engles [, Locher,P.c.

KEVIN L. FLYNN ofWaterford, Connecticut, isem ployed with the U.S. NavyJ udge Advocate General Corpsin Newport, Rhode Island .

MICHA EL J . FRA NCIOSI ofScottsbluff, Nebra ska , is associ­ated with Atkins FergusonZimmerman Carney, P.c.

ALAN E. GA RRETT ofSeatt le, Washington, is with theKing County Prosecutor's Office.

MICHAEL L. GILLUM isclerking for Judge Je rry L.Larson of the Iowa Sup remeCourt.

TERENCE C. GREEN ofChicago, Ill inois, is associatedwith Boots Pharmaceutical.

DERRON D. GUNDERMANof Kansas City, Missou ri, is asso­ciated wit h Spradley [,Riesmeyer.

RODNEY A . HALSTEAD ofO maha, Nebraska , is associatedwith Sherrets Smith [, Gardner.

BETH E. HANSEN ofWaterloo, Iowa, is associatedwith Swisher [, Cohrt.

TIMOTHY L. HA RTLEY ofAl buquerque, New Mexico, isassociated with Civerola,Hansen and Wolf , P.c.

LAURA HENRY ofNaperville, Ill inois, is an associ ­ate with Ryan, Nelson [,McSherr y in Arlington Heights.

MARGARET M. HERSHISERof Omaha, Nebraska, is anassociate in the firm of Koley,Jessen , Daubm an [, Rupiper.

HELARIE H. (NOLEN) HOL·LENBECK of Oma ha, Nebraska,is an associate in the firm ofCassem , Tierney, Adams, Gotch£, Douglas.

BENJAMIN A . JABLOW isattending the University ofFlor ida - Gainesvil le to receivehis LL.M .

WIL LIAM S. KAMINSK I ofLaPorte, Indiana, is associatedwith Newby, Lewis, Kaminski [,Jones.

BRENDAN M . KELLY ofDenver, Colorado , is work ing forthe Colorado Publ ic Defender'sOff ice .

28

J OAN K. KORDIK isclerki ng for J udge T im othy J .Mahoney '72 of the UnitedStates Bankruptcy Court inOmaha, Nebraska.

LEANN E R. KULLEN·BERG is cle rk ing for J udge C.Nick Caporale of the NebraskaSupreme Court.

MICHELLE A . LACEY ofFarm ington , Illinois, is anassociate with Claudon, Lloyd ,Barnhart S Beal. Ltd. inCanton.

JWAN B. LA L of Chicago.Illinois, is worki ng fo r thePublic Defender's Office.

C. GREGG LARSO N ofOmaha, Nebraska , is associ ­ated with Bradford, Coenen [,Ashord .

MATTHEW A . LATHROPis cle rki ng for Judge JohnGrant '50 of the NebraskaSuprem e Cou rt.

SCOTT A . LAUTEN·BAUGH of Omaha , Nebraska ,is associated with Hansen ,Engles [, Locher, P.c.

William J. Crampton, '85

/VI. Jen nifer (Wolfe) Je rrem. '90

LYNN LEVIER of Omaha,Nebraska, is cle rk ing for JudgeLindsay MiIler· l erm an of theNebraska Cou rt of A ppeals.

MICHAEL J . MILLS ofOmaha , Nebraska , is associ ­ated with Kutak Rock .

CAROLYN M. MURPHY ofLitchfield Park , Arizona , isclerk ing for Judge MauricePor tley of the Superior Court ofArizona .

NICOLE R. (ABBOTT)NEESEN of Omaha, Nebraska ,is work ing for First NationalBank of Omaha.

ERIC L. NIPP of Omaha,Nebraska. is associ ated withAndersen, Berkshire, Lauritsen,Browe r £, Hadley.

M. MARGARET NOONANof Kansas City, Missouri, is

associa ted with BlackwellSanders Matheny Weary £,l ambardi.

JACQUELINE M. O'BRIENof Omaha, Ne brask a, is an asso­ciate with Fraser, Stryker,Vaughn, Meusey, Olson, Boyer £,Bloch. P.c.

BRENDA J . OLSEN·BUT·TERFIELD of Omaha , Nebraska,is an Assistant Public Defender

SUSAN (FLO LlD) PAPE ofOmaha , Nebraska, is an associ ­ate with Pollak £, Hicks, P.c.

EDITH T. PEEBLES ofOma ha, Nebraska, is associ ­ated with Zweibeck, Hotz £,Lamberty, P.c.

MICHAEL D. MCCLELLANof Oma ha, Nebraska, is associ ­ated with Ab rahams, Kaslow £,Cassman.

JAMES E. MCGILL. III. ofOmaha, Nebraska, is associatedwith Kennedy, Holl and , Del acy[, Svoboda .

JANE MCNEANY ofWaterloo , Iowa, is an associateat Zanville Law Offices.

PATRICK E. MASCIA of St.Paul, Minnesota , is associatedwit h Briggs and Morgan .

LARRY J . MELCHER ofOmaha, Nebraska, form ed anew law firm Boon e £, Melcher.

LAURA L. MELIA of LasVegas, Nev ada, is wo rki ng forSqro E Perry, Ltd.

LISA (RODDEN) MEYER ofOmaha, Nebraska, joined thefirm of Gaines, Mullen, Pansing(, Hogan.

Class of 1986 Reunion

29

MARLON A. POLK ofO ma ha , Nebraska , is assoc iatedwith Kutak Rock .

CYNTHIA A. PRICE ofAtlanta , Georg ia, is working forthe Publ ic Defender's Offi ce ,

WALTER A. REED, III, ofPottsville, Pennsylvania, is asso­cia te d with the J ames Kilker LawOffice.

ANTONY P. RYAN ofTequ esta, Florida , is work ing forthe Office of the Public Defenderin West Palm Beach .

LESLIE G. SACHS ofSpokane, Wash ington, is associ ­a ted with Paine , Hamblen.Coffi n, Brooke [, Miller.

THOMAS R. SEVERIN ofO maha. Nebraska , is wo rkingwith the Dou glas County PublicDefender 's Office in the ch ild sup­port div ision.

DAVID STUEVEN is withthe Office of the Staff J udgeAd vocate in Irwin. Ca li forn ia.

SEAN Y. THOMPSON ofSanta Barb ara. Californ ia. is as­sociated with McCarth y andAssociates.

PATRICK H. TOTT of SiouxCity, Iowa. is associ ated withEidsmoe, Heidman, Redmond ,Fredregill , Patterson £, Sch atz.

MARK A. ULLRICH ofOmaha, Nebraska, is an associ ­ate with Schrem pp £, Terr y.

R. SCOTT WEIDE ofNewpo rt Beach, California , isassociated with Knobbe, Martens,Olson £, Bear.

JOHN WEIS of Scottsbluff,Nebraska , is associated withAtkins. Fergl1son , Zim m erm an,Carney, P.c.

MICHELLEM. WERNIMONTof St. Paul, Minnesota, is a judi­cial clerk for the Minnesota Courtof A ppea ls.

PAUL L. WHITE of Waterloo,Iowa, is associated with Gel­lagher, Langlas £, Gallagher. P.c.

KRISTIN L. WILSON ofCharleston, Ill inois, is an associ ­ate with Brainard. Bower £,Kram er.

JAIME SAMPAYO isem ployed in Belgium with theU.S. Navy Judge AdvocateGenera l Co rps.

MARY J. VOLENTINE isclerk ing for J udge DaleFahrn bruch '5 1 of the NebraskaSuprem e Court.

CHRISTOPHER L. ZIMMER·MAN of Waukesha . Wisconsin , isan associate with Ludwig £,Shlimovitz, S.c. in Milwaukee.

STEVEN D. SCHAAL ofOmaha, Nebraska. is associatedwith Dixon £,. Dixon. P.e.

KATHLEEN M. WALKER ofNew York . New York , is associaedwith Paul Weiss, Rifk ind, onGarr ison.

JOHN A SCHILL f0Fayettevill e, North Carolina, is The Law School extends its deepestemcfcloyed with th e U.S. ArmyJu ge Advocate General Corps. condolences to the families and friends ofthe

STEPHEN P. SCHMIDT of following alumni:Norfolk. Nebraska , is associatedwith Jewell , Gatz, Coll ins, Dreier JAMESJ. ASIKIN, '50 WILLIAM A. LUBELEY, '48£, Fitzgera ld . LOUIST. CARNAZZO, '30 PETER E. MARCHEDI , '36

LT.COL. ARTHUR M.COLEMAN (reL)'5! EVERED C. MILLER, '40''''13 W a"'W ' PUJ"'U '1$ 'z HON. STEPHEN E. DAVIDSON, '50 HAROLD A. MOORE, '33

lO().-qn~ , u_n 'A.....". ' II "'u".~ 'x WALTER A. ED~\ISTON , '29 SANDRA K. NUNN, '82P~I'U~"j r . " H 'M

"'I!l\ "I'OQOI.JI uewqo L . ~ JOSEPH E. (Joe) GLOVER, II, '68 RAYMOND E. POGGE, '50<lVI(PY 'H ......P 3 'n~-" 'O N6t/l "lII6rw '1 CHARLES J. HILBERT, '71 DAYTON O. RASMUSSEN, '48

4"'W '" '"j rojO'l/dWQ 'j)

IPd dwP(J ' 3 ~nll 'll MARK E. HIMES. '85 JOHN E.RICE, '511"10< '0 jp,e...Pd '0

):»Iqv 'J 10 ""WOll '.1 DEAN T. HOKANSON SR., '32 CHARLES G.ROGGENSTEIN,JR., '804 ' 1,j' !X>H '9 ;>J',.d" '0 '0

"" ""1 .... -1~1I',j ' 10< EDWARD V. HULAC, '34 LEO J. ROSS, '39'W''l)~",u6u

HON. JOHN W. KEANE, '38 LTC. JAMES E. RYAN, '51.ppo " 41i" ~ )snw d u",1" all 46noljl "'I'''' .. 'JI;>Ow'4 jO ~JUW ,,0J)0l: Will aJOPQ . .... M )"41 .n ~ "'11 PHILIP M. KNEIFL. '60 JOSEPH S. SANDUSKI, '50uodn ;OSO<!W' 01 <"01' "I'I"p<Hd.>prsow "4 lluowu. , 11 ' ''PW' Il''D'' ·... PI!nq .. 'J.>" 6!<",, P 'JOp*,d WAYNE R. LAUSTERER, '50 ROBERT K. SILVERMAN, '42

"51 ""w.l'l,nlJOJ"ddull aWOl;.I'g 'S03 I-l G WOlld~O,j 311V,jW,j" 'OIJ"I-l (.-up" h 'UOIlIllO!> ARTHUR G. LOLLlCH, '35 DAVIDA, SVOBODA, '55

a t- ' fld :>!ISSOJ;) "'lql\O(] 0 1 1i ' "' '''' ''V

30

THE COUNTRY IS

WITH BICYCLESby Paul F. Hill

geometry. light-weight tubing, and cable con tro ls.without which the airplane and automobile could nothave been developed. The few of these wonderfulcon traptions remaining today a·re worth thousands.

ROAD IMPROVEMENTBeca use bicycl ists were frequently run down and

injured. often intentionally. by carriage drivers, theLeague set up a legal aid program to defray theco sts of cases in which a favorable outcome wouldbenefit bicycl ing. The biggest impact the Leaguehad, however, was on the im provement of roads.

I stillremember

that fatefulday in

USE OF THE ROADS1967 when The bicycle wa s a new mode of land trensporta -

Ition. ud idn't fit into any ex isti ng ca tegory and earlysaw my wheelmen quickl y encountered opposition to theiruse of the roads. People feared that bicycles would__.0n~t.lf'ii;ii~--+--~~~~h~o~r~~~.~~~inm ways",.~~:,~ltlJlJ, _Irs en over estrians. When the bicycle fad didn't----:.I ok W<!II . ve many~_speeu I e. cities and towns ba nned bicycles from streets andpark s or requi red wh eelmen to dismount whenapproach ing a ho rse. Heavy fines were imposed forviolatio ns.

Many early wheelmen were lawyers and journal­ists . the kind of people who would be the first to buycars a generation later. They quickly formed clubsto fight discriminatory legislation. However. fightingloca l ordinances was a slow process because thebattle was won town to town. The New York CityBicycle Club - membership fewer than twen tywheelmen at the time - issued a call for a nationalorganization. Thirty -one clubs met in Newport , R.I..in May of J880 and form ed the League of AmericanWheelmen. The League is stilt the national bicy ­clists' organization. Each state has one representa­ti ve to the League. I represent Nebraska. There wasa move several years ago to change "wheelmen" toa modern and gender-neutral term , but a majorityof the 24,000 members rejected the change, seek­ing to keep a nostalgic link to their past.

The battl e to secure equal right to the road tookabout eight years. The most notor ious case wasNew York 's bicycle ban in Central Park . Legalatt empts to overturn the ban failed. Wheelmen thenlobbied ci ty offici als intensivel y. Th is failed , too, butsympathetic legislators introduced a bill in the NewYork leg islature stating that bicycles and carriageshad equal rights and responsibi lities. Today it ishard to ima gine why th is bill , called the Uberty Bill ,was so controversial but it aroused passions on bothsides. Enacted in 1887, the Uberty Bill is consld ­ered the Magna Car ta for bicycli sts. It served as amodel for sim ilar legislation in other states.

Y ou see them almost everywhere today: on busystreets ; in quiet residential ways; in high mountainpasses; on rura l road s; in parks; and on trails. Thecountry is swarming with bicycles. For most of usbicycl e freaks - enthusiasts , that is - it is a wonderfult ime to be alive. I st ill remem ber that fatefu l day in1967 when I saw m y first ten speed bike . I've put about75,000 mi les under m y wheels since then and havebought more bik es than I ca re to admit.

Th is is not the first bike boom. The high-wheel bicy­cle was developed in England and France in the1870s. Col. A lbert Pope of Boston im ported the firstbicycle to America in 1877. He formed the ColumbiaBicycle Company the next year to manufacture bikes.The design of the high -wheel bicycle was peculia r. Thefront wheel was made large - up to 60 inches in diame­ter - to achieve a hig her gear. while the rear wheel wassmall to reduce weight. The rider was perched almostat the top of the front wheel and was pos itioned ju stbehind the center of gravity. One mounted the wheelby stepping on a small peg on the frame and vaultinginto the sadd le. A "h eader" was an ever-present possi­bi lity; that is, a stone or other obstruction m ight stopthe wheel and fl ing the rider over the handlebars. Ondownhills, riders simply put their legs ov er the bars andhoped for the best.

Early wheel men. as they called themselves, hadgreat fun. They often rode in uniform and in forma­tions. responding to the bugle calls of the Captain.Wheelmen who first ventured into the countryside oftenencountered people who not only had never seen bicy ­cles, but had never even heard of them . The exp res­sion on their faces was indescribable as they gazed atthe wheelman on his lofty perch . Women, the tim id,and the aged were relegated to a bewildering variety oftri cycles and quadracycles. Early bikes. trikes. andquads pioneered mechanica l improvements such asthe differential transmission. front wheel steering

32

Omaha Police on Bikes - early 190CJs

The Model T didn't get American s out of the mud ­bicyclists did.

Late nineteen th century American roads wereunbelievab ly poor. Un fortunately, few peo ple wereconc erned by th at fact. There were several reasonsfor this sorry stat e of affairs. Distance travel was bytra in and farmers co uld get by. There wa s noth ingresem bling state highwa y departm ents, nor had anystate funds been used for roads since th e 1840s and50s . Virtually all rural roads were under loca l con­trol . usually tha t of the smallest politica l subd ivis ion.Loca l road officials often co ntrolled an area as li tt leas one square mile and what road repair was don edepended on th at official's whim. There was no clas­sification of major and m inor roads. A loca l lanemight receive as much att enti on as a m ajor route.Some road m achiner y existed, but local officialscouldn' t afford much . Hand tools subs tituted forgraders. The myth prevaile d that anyo ne co uld buildand repair roads. so there was no professional t rain ­ing or direction fo r road repairs. Amateur effo rtsoften left roads in worse shape than before and tra v­elers tri ed to avoid roads tha t had recently been"wo rked. M Anothe r prob lem wa s the use of statutelabor. Taxpayer s could work off their tax bills bylaboring on roa d repa ir gangs. Contemporaryobse rvers reported that more soc ializ ing than workwas done

Wheelmen founded the Good Roads Movement in1888 and rather naively lobbied for a na tion al net ­work of paved road s. They ini tially found few alli es.Urban peop le were not interested and farmers sawthat it would cos t too much m oney. Wheelmen wereoften looked upon as the idle rich who wantedsmooth reeds merely fo r pleasure t iding . TheLeague began a well -thought-ou t education al cam­pai gn wh ich focused on the c reation of a roads

33

division in th e Department of Agriculture on thenation al leve l and on th e creation of state highwa ydepartments and state fund ing locally. Th e leaguepublished millions of pamphle ts on the va lue ofgood roads, found allies, and made converts. By1907. the major farm organizat ions and the bud­d ing automobi le industr y joined the battle and thegroundwork was la id for our current highway sys ­tem. Th e Good Roads Movement is described inPhil Ma son's 1957 University of Michigan Ph.D. dis ­sertation. The League of Americ an Wheelme n andthe Good Roads Movement , 1880 - 1905.

THE SECOND BOOM- __Henry Ford ' Mooel T put ttle CQuntr on__..

four wheels and was one of the reasons foradults tuminq-ewa from bicycles. Bikes were- - -'relegated primaril y to child use until th e lateI 960s. when ten speed derailleur bikes . invented

long ago - were introd uc ed in o rdinary bike shops .Americans di scovered the bicycle aga in and th is sec ­ond bike boom has co ntinued to gather steam. Theall - terrain or m ountain bike. developed in America.has aided in m aking bicycles mor e popula r thaneve r. Bikers might be exc used for feeling a certainmora l superiority in traveling about without burn ingup irreplaceable fossil fuels, but actually we ridebecause we enjoy it.

The downside of the bike boom is accidents andinjuries. Bic ycles have always ranked near the top ofthe list o f co nsumer products associated withinjuries. While m ost bike accidents do not invol veanother vehicl e. there is an increased number ofhighway acci dents. A co ll ision between a bicycleand a m otor vehicle is a mismatch. to say the least.Characteristics pecu liar to the bicycle and its opera­tor m ake ap ply ing ordinary motor vehicle law unset ­isfac tor y. Consider the operator. A n automobile dri ­ver m ust atta in a m inimum age and be tested beforerecei ving an operator's license; police give tickets forinfracti ons. By contrast. bicycle operators can beany age ; no license or rider t raining is required; andbicyclists rarely get tickets. Th e m yth that anyonecan ride a bicycle is un fortunate bec ause the abi lityto ride safely and responsibl y is a skill that must belearned.

The bicycle is a sm all . na rrow vehicle whi ch m aybe operated along the edge of th e traffic lane, in them idd le of the lane . or wh ich may sudden ly shootonto th e street from sidewalk or driveway. Its speedis basi ca lly slow and it generally will be ove rtaken bymotor vehicles. It is not easily seen and its use dur ­ing the hours of darkness can be a scary thin g forboth d river and rider. Drivers and riders m ay becon fused about the applicabil ity of th e tra ffi c law tobicycles.

The League of Am eric an Wheelmen, headquar­tered in Washington . D.C. . is th e nationa l center for

BICYCLE lAWMany cas es deal ing with bicycle-motor vehicl e acci ­

dents were identified , as m ight be expected . These werecla ssified into catego ries, such as motor vehicle over ­tak ing bicycle, m otor vehic le and bicycle meet ing,m otor veh icl e making left or right turns, bi cycle enteringthe street from driveway or sidewalk, bic ycle goi ng

bicycle advocacy. During the 198 0s I wa s appointed bythe League 's Board of Directors to serve as th e (volun­teer ) genera l counsel fo r the League. Because of m ywork as a law librarian at Creig hton, with access to allthe law, I bec am e the info rm at ion po int for bicycl e lawquestions. I recei ved numerous ca lls from lawyersaround the country who were look ing for cases on thisor that point. [finally dec ided there must be an easie rway and I com plied a com prehensive annotated casefile. In 1986 , the work wa s published by Bicycle LawBooks in Washi ngton , D.C., as Bicycle Law [, Practice.It was th e first book on bicycle law to be publishedsince189 5.

Th e decision to research in the area coincided withthe installa tion of Lexis and Westlaw com pute rs in theKlutznick Law Librar y. Researching bicycle law in thetraditiona l digest is not ver y satisfactory. For instance ,there is no obvious pla ce to digest a case dealin g with abicycle-b icycle colli sion. My research strategy using thecom pute rs was very sim ple: [wanted to see every casein which the word bicycle appeared . (My actual quer ywas "bicycl" to pick up variant spell ings. )

BOk ° ht b d wrong way. and so forth . Many of the early casesI ers mig e excuse dea lt with cycl ists who were minors , and in thos eca ses the only way a driver could esca pe liabilityfor feeling a certain was not to be negligent at all, The newer cases fre ­quently involve adult riders and these people are

I... held to ad ult standards of ca re. The cases st ill showmora superiority In a slight bias toward the bicyclist , which I attribute to

the likelihood of injury to a cyclisl even in a lesser

t 1° b t m ishap.rave Ing a au Another indicat ion that bicycling is m ore andmore an adult activity is th e growing number ofwithout burning up drunk bicycling cases. The drunk driving law tradi -tionall y applied only to m otor vehicles, so a numberof states have changed the statutory law to make it--_irreplaceable fossil ..- __-l_apply to bicycle opera tors also. Since bi cycli ng~.::i s:-__not a licensed activity, the only penalty Is a fine .

---fuels, but actually we A number of cases deal with insurance questions.__For example. in a Washington case, two youn g menin a car passed a fema le cycl ist. The passengerride because we rea ched out to touch the cyclist and caused her tofall . Th e question was wh ich insu rer was responsi-

enlOoy it. ble , the automobi le insurer or the passenger'shomeowner 's policy. The court held that the autoinsurer was primarily liabl e. A nother quest ion hasinvol ved the m ean ing of the phrase " being struc kby." Is a cyclist who is hit by an object thrown froma ca r "struc k by" the ca r. The few cases have saidyes. Bicycl ists are afforded coverage under theirown automobile policies for hit -and -run, underin ­sured. and un insured drivers, though I sense thatma ny of the m do not know this. Law yers who havebicycle clients should not overlook these coverages .

I wa s surprised at the variety of cases involvingbicycle s. In a Minnesota case, an II -year-old whomisbehaved on the school bu s was to ld not to ridethe bus the next day. Rather than confess his sins tohis parents, th e boy set out on his bicycle the nextday and was seriously injured by a truck . Theappella te court upheld a large award aga inst theschool distr ict for not in for m ing the boy's pa rents ofthe bu s suspension.

Odd things happen on bicycles. In a number ofcases a property owner has st rung a cab le ac ross apath o r tra il and a cycl ist has run into it. Genera lly.th e landowner is held lia ble for c reati ng a dangerousconditi on . One unfortunate biker rode into a wat erpu ddl e lethall y charged by an im properly buriedelectric cable and wa s electrocuted. That cos t theutil ity a bundle. A New Orleans cyclist, who gottangled up wi th a dog, sued the ci ty for failure toenforce the leash law. He was sco lded by the courtfor attempting to tra in for a race on an obv iouslyslow speed recreat ional path .

With the development of bicycle paths, thequestions of poor path designs and of accid entsamong path users are being litigated . Experienced

34

Paul Hill w ith Omaha Police on Bikes - 1992

bikers look upon paths as places where anarchyreigns with the m ixture of runners, walkers, dogs,chi ld ren , ska teboards, ro ller blades, rec reationalbicyclists , and lyc ra -c1 ad Greg LeMond wa nnabes.

Bicycle raci ng is popular, but can be hazardous.A pedestrian in A lbany, N.Y., stepped off a curb andwas killed by a speeding t im e trlaler. The ci ty washeld primari ly responsible for lack of adequatepolice supervision. In a recent case , a t rtathle tesued various pa rties when she crashed in the bicyclecomponent of the com pet it ion and suffered a headinjury. Her un successfu l theory was that raceofficia ls did not require her to wear a helmet. Asigned release of liabili ty incorporated in th e eventent ry bla nk has been uph eld in two recent cases.

Dog bites and accidents caused by dogs are acon tinuing area of litiga t ion. Law yers should k nowwhethe r the jurisdiction follows the com mon law orhas imposed strict liability on dog ow ners or ke ep ­ers. Nebraska is one , perhaps the only, sta te to per ­m it summa ry execution of a dog wh ich is attack inganother domestic animal or a perso n. I ha ve beentempted on occasion to ca rry out th is statu te.

Some cases deal with foliage or other obstructionsto v iew at intersections and bring in city or state lia ­bili ty. Drain gra tes, po tholes , and other road hazardscan ca use accidents to bicycl ists . Lawyers shouldbe alert to possible liabil ity on the part of polit icalsubdivisions or the state. Most of these problemshave arisen beca use our highway system has beendesigned and buil t wi thout reg ard for bicycle tra ffic .Bic ycl ists consider a road suitable for use if it has atleast one of th ree conditions: slow traffic speed; low

35

tra ffic vo lume; or a paved shoulde r or wide roadway.The goal of bicycle advocacy today is to require gov­ernments to conside r bi cycle-friendly enhancements inall tran sportation planning . The lntermodal SurfaceTransportation Efficiency A ct enacted by Cong ress in1991 was a giant step in that d irect ion . Bicycle advo­cates do not oppose trails and paths, but do not con ­sider them a subst itu te for st reets and highways.

POLICE BICYCLE PATROLBicycles are increasingly involved in crimina l activi ­

ties , too. They are used in the com m iss ion of crimessuc h as robbery, sexual assau lt , and especially drugdealin g . One response to th is is to have a po lice bic y ­cle patrol. A group of O maha bikers has form ed anon profi t cor porat ion, Fr iends of Poli ce on Bikes,assisti ng the Omaha Police Division to begin thei r ownbicycle patro l. Yes, we welcome donations from thepublic.

There are about two hundred new bicycle cases inthe nation's appellate courts each yea r that add to thelaw. Bicycle Law 5 Practice is gett ing ou t of date, and Iam beginning work on a second edit ion. Th is one willbe loose-leaf for easy updating , and wi ll ensure thatCreig hto n will continue to be ident ified with this smallbut interesting area of the law.

See you on the road, and maythe wind be at your back.

m eans ready to throw in the towel on her diverseinterests.

And she is by no me ans ready to abandon heradopted family, the scores of men and wome n who ,ov er this past generation, have been recruited, inter­viewed , cou nseled and inspired by her. and have nowbecome attorneys, public serva nts, and corporateexecu tives in thei r own right.

Frances Ryan is not the sort of person who likesto show sentiment openly. But she possesses a pro­found affection for the individuals she has come toknow as her "fam ily."

Dan Harris, of the cla ss of 1982 , and an atto rneywith Mutual of Omaha, speaks for all of "her" stu­dents when he says, "I don't know of any minoritystudent who wouldn't come back for her. She hasalways been there when we had probl em s. Shehelped us grow."

Harr is relates that at his own graduation. hismother and grandmother came from the South toshare the big day. '" wanted Miss Ryan to be there aspart of the family. My family em braced her and theyall cried as if they were long -los t relat ives. It was abeautiful moment. "

Frances Ryan has roo ts in rural Nebr aska. Hermother, Mar y Gallagher, was born in Spence r, andmet her father, Neil Ryan , while she was wor king atthe co urthouse in O'Neill.

Neil Ryan was born in J ackson. Nebraska, andwas ranch ing on a fami ly -owned property nearO'Neill when he and Mary were married.

by Professor Richard E. Shugrue

The notion of not being involved , of sitting in thesun at her lake-side home in Sarpy County, is justalien to Professor Ryan .

Th is tough , m atter-of-fact lawyer who never tookon a task which was easy and who never gave lessthan a full measure of talent and dedication, is by no

Tbis tougb,matter-oj-fact lawyer . . . is by 110

means ready to tbroui in tbe towelon bel' diverse interests.

F ra nces Ryan is retiring from the full -time fac ­ulty. If she has it her way. it will be wi thout fanfare.speeches, or encomiums.

Her way has always been the modest way. eventhough she has a litany of "firsts" to her credi t, and agenerat ion of men and wom en who have her tothank for a legal educa tion.

Fran Ryan. the first fem ale editor-in -chie f of alaw rev iew, the first woman facu lty member of theCreigh ton Law School. the single individual who cre ­ated and nurtured our minority scholarship program,has reached the "twilight" of her second career.

But to say that she is retiring is to st retc h thetruth a little. A quick look at the 1992 -93 classsched ule for the law school shows that she will con­ti nue to teach , though a reduced load .

She wilt still chair the minority recruitment andscholarship program, and she will still be ava ilableto the dozens of m en and wome n who seek her outfor co mmon-sense solutions to every -day problems.

NeESRYAN

RETIRES

36

Frances was born on the ran ch , but lived with hergrandmother during the week while she att ended St.Mary 's Academy in O 'Ne ill duri ng her first few yearsof formal schooling.

When Frances was about nine years old, herfather sold the ranch and moved to a farm outs ide ofSioux Cit y, where he operated Ryan's Dairy Farm . Inthis way he could see to a good educa tion for hisgrowing fami ly.

Frances, the oldest of seven children , went toBriar Cliff College in Sioux City and graduated first inher cla ss.

She worked as a high schoo l ma thematicsteacher in Iowa before enrolli ng at Marqu ette LawSchool.

She had saved from her earn ings to attend lawschool , an am bition she had had from the time of hergrade school da ys. Her nephew, Paul Gnabasik , asecond-yea r Creighton law student , said, "One of hertraits is an exceptional amount of personal disci­pl ine." He expla ined that during law school "the nestegg didn't go far eno ugh, so that she would work dur­ing finals, and then study unt il the early hours of themorning on the day of the exams."

Ryan became edi tor-in-chief of the Marquette LawReview, another of her m any "firsts ," and she gradu ­ated at the top of her class.

Foll owing law school, she went to the Universit yof Michigan and earned a master's deg ree in taxation.

Then it was back to Mi lwaukee where she prac­ticed until she came to Creig hton in the fall of 19 73 .

Frances Ryan's serv ice to m inority students isunparalleled, and as far as they are co ncerned it is alegend worth repeating fo r generatio ns to come. Shehas not only served as chair of the Minority Affa irsCom m ittee since the mid 1970s, and advisor of theBlack Law Students Association equally as long, butshe has been coordinato r of the Gradu ate and

Professional Opportunities Prog ram since 1978.

J ohn Pierce, Creighto n's Director of A ffirma tiveAc tion and himself a law schoo l graduate (class of198 1) hails Ryan as a genuine role model for thestudents. "She is so com m itted and un swerving inher dedication to the cause of minorit ies," Piercestates. "She is a source of inspiration to ever yoneshe touch es."

"She rem embers us all. She delights in ou rsuccesses. She keeps track of our careers and ou rfam ilies.

"Nobody reali zes how hard she has worked fo requali ty and opportunity," Pierce poi nted out. "Shehas set the exa m ple for Creighton."

His words are echoed by a more recent gradu­ate , Mark Long of the cl ass of 1991. "I don't want tosound corny, but she's like Mother Theresa. It is hardto im agine any one who would devote her ent ire lifeat Creighton to helping inspire and improve minori­ties," he stated .

Long recited a list of African-A me rican students

FRANCES RYAN SCHOLARSHIPCreighton Law School Facu lty, students. alumni. and the

Unive rsity admin istra tion agreed that the most appropriate man ­

ner to recognize Professor Frances Ryan was in conjunct ion with

a scholarship fund used to increase the ethnic diversity of the

Law Schoo l student body and of the bar. Father Morrison and

Walter Scott. Chairman of the Creigh ton University Board of

Directors, signed a proc lamation renaming the Creighton

University Minority Law Student Scholarship as the Frances

Ryan Scholarship. Unfortunately, the rising cost of tuition de­

creased the effectiveness of the fund .

With that in mind, a group of alumni led by John Pierce,

37

'8 1, Fred Conley, '80. and Ray McGaugh . '84. established an

endowed Ryan Scholarship fund and started a drive for five ­

year pledges to boost the amount of scholarship aid available

to the law schoo l in its effort to recru it students of co lor. We

inv ite all of our alumni and friend s to join us in this effo rt to

honor Frances Ryan by ensuring con tinua tion of the work

which was so important to her during her tenure at Creighton.

Those who wish to donate to the Ryan Scholarsh ip

Fund should contact Dean Raful at the Law School for furth er

information .

whom he knows and who sing the praises ofFrances Ryan. "People from years back just stopby to pay the ir respect to her," he observed. Longrecalled that the Black American Law StudentAssociation regional convention, held at Creightonin the 1989 -90 school year, was ded icated toProfessor Ryan.

"She'll never real ize how much she me ans toothers, how m uch she has touch ed and changedlives," Long added.

Profe ssor Catherine Brooks, who will eventuallyassume the chair of the Minority Adm ission andScholarship Com m ittee. hosted a party at herhom e in honor of Ryan and inv ited the mino ritystudents.

"Frances was embarrassed at the attention,"Brooks said, "but she looked at the assembledstudents and said, 'You are m y legacy, '"

The Law Schoo l Liaison to the Law SchoolAdmissions Council Minority Enrol lment TaskForce for the past ten years . Ryan has also servedCreighton in a host of unsung roles since shearrived on the Hilltop cam pus.

She has, for exam ple , served on the AIl -univer­sity Com m ittee on the Status of Wome n. She hasbeen on the Graduate and Profession al FinancialAid Advisory Com m ittee . She has served on theAc adem ic Council. the elected all -university facultyadvisory group to the president and boa rd ofdirectors.

Many of her co lleagues poi nt to Ryan's longservice on the Board of Directors of the CreightonFederal Credit Union as ill ustrat ive of her ded icati onand att ention to detail.

Professor Roland Santo ni , who served with Ryanon the Credit Union 's Boa rd, said that she was"relentless in solving the problems of the insti tutiondu ring some tough yea rs."

He explained, "One of her duti es was to read allthe new regulations coming from the governmentand dealing with credit union management. Everysingle month she pored over hundreds of pag es ofmaterial and reduced it all to a fou r or five pagereport. She wasn't going to let any of us get awaywith not know ing what the ru les were."

Santoni has also worked wi th Ryan on theMinority Adm issions Com m ittee. "She deserv~s

tremendous credit for the work she does there In

phon ing and writing all over the country. trackingdown good candidates and check ing them out ,"Santoni noted.

Fellow faculty members also laud FrancesRyan . Professor Barbara Green called Ryan "an

incredible friend.""Virtually .everythinq she has done in her li fe has

been a firs t. But the minority program is the crownof her career," Green noted. "She wanted a real,workable prog ram , one in which Creighton couldtake pride and that is what she has given us," sheadded.

But that is not surprising , fo r Ryan is a spectac­ular person with a treme ndous interest in observtnqnew th ings, her colleague said.

Green noted that until she met Ryan . "I neverthought I'd be out in a field in southeast Nebraska at5:30 in the m orning watch ing prairie chickensmate."

And a somewhat humbled Green added , "She'sa fantastic Scrabble pla yer. Once , [ used up all mylett ers on my first tu rn . Now that's supposed tom ean you're so far ahead-an automatic 50 extrapoints-that you can' t lose . She whipped mel"

A plaque has been placed on the "FrancesRyan " suite, headquarters for the Black Ame ricanLaw Student Assoc iation and the Lat ino LawStudent Associ ation at the Law School. It sum ­m arizes the genuine love the schoo l and its gradu­ates have for Frances Rya n. It ident ifies her tirelessefforts in searching for sources of financial aid andco unseli ng all on educational opportunities .

It states that her dedicated efforts resulted insignific ant stri des in enhanc ing the diversity of thestudent body.

But most of all. it says in simple, declarativ elanguage, th at she is a "fr iend to all" .

38

• •

Dean Reiu! and Bridget Everitt. '92. display theClass of '92 gift to the school.

To th e Board of Directors of Creighton University;Father President Michael G. Morrison, SJ.; an d Dr.William F. Cunningham. Jr; Vice President forAcademic Affairs:

I a m pleased to present. on behalf o f the Facu lty andAdministration of the Creighton University School of Law. thi sreport for the 1991-92 academic year.

Reflection on faculty and student activities during the pastyear reveals sig nifica nt accomplishments. In addition. a s partof the Creighton 2000 Strategic Planning project, the Law Schoolcommunity spent much of the year focusing on the future of lega leducation at Creighton University. I believe you will be plea sed withour past accomplishments and our proposed goals and objectives.

PLANNING FOR THE FUTURE: THE LEGALCLINIC AND THE LAW LIBRARY

I wi ll dev iate from the trad itional sty le of annual reportsso tha t I m ight begin, not wit h a loo k back, but with a report onthe horizon ahead. So mu ch of our t ime this past year was spenton future planning that it seems m ost app ropriate to begi n with thissubject.

O ur long term goal closely tracks the m ajor com ponent of theoverall Un iversity plan : significant endow me nt growth for facultysupport and student schola rships in an effort to ease future tuitiondemands. And as the ti tle of the planning process indicates, wehope to ach ieve these goals by the tum of the century.

We also ident ified two important immediate goals: theestablishment o f a legal cl inic at the Law School to serveCreighton's neighbors; and the expansion of the Law Ubrary andrenovation of some of the cla ssrooms in our twenty-year old build ­ing. We are well on the way to achiev ing these goals.

I am very plea sed and proud to report that th is fall we willopen a legal clinic wh ich will provide hands-on experience forour students and will provide legal assistance for disadvantaged ci ti­zens of our neighborhood. While it is probably true that every lawschool should provide clin ical legal educa tion to prom ote pro bonovalues in students, it is especia lly true that Jesuit law schools shouldoffer cl inical prog rams to foster the Ignation value of service.

An ad hoc com m ittee of law facul ty spent a great deal of timeinvest igat ing clinical legal education program s across the co untryand concl uded that a cli n ical prog ram is educationally sound. Theirreport to the faculty was app roved. A cl inic is an expe nsive pro ­gram due to the required small student- facu lty ratio . but the beliefthat th is option was impo rtant and the ava ilabili ty o f new fund ingmade a cl inic possible at Creighton.

A donation from the Lozie r Foundation and the grant of match ­ing fun ds from the United States Department of Education prov idedus with the budget to h ire an attorney to serve as Director of theLegal Clinic. Joining us this fall is Catherine Mah em who for thepast seven years has served as Director of the Elderly Law Clinic atthe Texas Southern School of Law in Houston. She is a graduate ofIndiana University School of Law and prior to her legal cl in ic experi ­ence, she worked for the Legal Aid Corporation in Indiana and thenas Staff Attorney for the Gulf Coast Lega l Foundation. A s cl inicdirector, Professor Mahem will supervise th ird -year law studentsoffering lega l serv ices to ind igent cl ients with non -fee -generaunq,civil legal concerns.

The facu lty also spent time this year discuss ing the demandi ngneed for library growth in the next twenty years, and the necessity to

39

Han. C. Arlen Beam,United Sta les Courtof Appeals for theEighth Circuit

prov ide new technolog ical research tool s to prepare our studentsto pract ice law in the nex t century . A building co mmittee of facul ­ty, students, l ibrary staff, and alumni met with a law library con ­sultant to study cu rrent needs and our outlook for the future. Wethen selected an arch itect. Aft er a series of meetings over a sixm onth period , the comm ittee, and subsequently the faculty,adopted a pl an for the addition of app roxima tely 50,000 squarefeet of space to the Law Library and the renovation of three cla ss­rooms. Th e library addition will include two floors of new spacebelow the present library wing and will house: twelve new studentstudy room s and an increase in individual study carrel space; newcomputer room s and audio-visual centers; new, larger, mode rnspace for library technica l services; bo th open and closed reservespace; enlarged mi croform services; and space to house collec­tion growth well into the twenty-first century.

We hope to begin to discuss this plan with our alumni soon andto begin building in the near future. We are co nfident that alumniand the local bar will be as exci ted about the plan as we are. Wehave great hopes for a succe ssful fund -raising program.

The addition of a clinical legal educatio n co mponent to ourcurriculum and the expansion of our Law Library are not merelydreams or visions. All parts of the Law Schoo l fam ily parti cipatedin serious and thoughtful discussions about how we could im provelegal education at Creighton. Even though we offer an outstand­ing education to a select and diverse group of students. we are notcontent to stand stil l. Our m ission is important and cont inuedreview and progress are required. We are pleased to report on theplan of action we have adopted.

THE FACULTY: A CONTIN<JING SOURCEOF INSPIRATION

Of course , none of the plans for the future are worth anythingat all without the presence of an outstanding group of men andwomen to teach our students. We have this group . The followingbrief capsules will give you a look at the faculty activities in 1991 ­92. You may not have a full picture of the year, but you will beexci ted by the flavor of their work!

As you have read in Professor Shugrue' s art icl e earlier in th ismagaz ine, thi s year was Frances Ryan's last year on the full -t im efaculty . It is hard to fully descr ibe what Frances has mea nt toCreighton Law Schoo l. Dick Shugrue has writt en so eloquently inpraise of her achievements and contributions. I must add what aninspirat ion she has been to me personally, in her determ ination to

40

set the wor ld right. in her outloo k that things canbe changed, in her unwa vering devot ion to thecauses of good. I am very happy that she haselected to rem ain in the building. teaching an occa­sional cl ass and continuing to work on the issuecl osest to her heart- increasing the ethic divers ityof Creighton Law School and the pract icing bar.From all of your colleagues. congratulationsFrances, on a career wh ich has made a di fferencein people's lives.

Joe Allegretti completed another outstanding.busy year of servic e as the A.A. and Ethel YossemProfessor of Legal Ethics and Assistant Director ofthe Center for Health Policy and Ethics. ProfessorAllegretti continued to teach students at the LawSchool, Medical School. Denta l Schoo l,Department of Th eology, and to teach faculty inour intensive summer eth ics workshop . He alsogave more than twen ty talks and papers on suchdiv erse subjects as legal ethics, medical m alprac­tice, genetic counseling, death and dying,HIV/ AIDS issues, surrogate motherhood , and spiri ­tuality in the workplace. He publ ished ten piecesthis yea r including tradi tional law review art iclesand an essay for the journal of the WisconsinProv ince of the Society of Jesus. I espec ially urgeyo u to read Joe's article in Volume 25 , Number 4of the Creighton Law Review. This articl e is histalk on the occasion of his inaugu ration in April of1991 to the Yossem Chair. Joe also gave much ofhis time this year to University service, incl udingcomm ittee work on cultural diversity, academicfreedom, insti tutional review (issues of human andanim al research) , and law facult y recrui tment. Healso completed his fi rst year on the Board ofDirectors of the Nebraska Humanities Counc il. Joeemphasizes bringing Christian values into theworkp lace; I th ink you can see what his values arefrom th is brie f rec itation of his "work. "

Terry And erson added (o r more properly ,returned) another field of law to his areas of exper­tise. Long known as an expert in Contracts andthe Uniform Commercial Code , Terry has nowpublished, with a co- author, the first of three text­boo ks on crim inal law. Professor Anderson contin­ues. o f course, with his UCC activities. He finishedan art icl e on "Articl e Nine Default Procedures" andhe continues to speak at continuing legal educa­tion program s on the UCc.

It' s tough to separate a discussion of KayAnd rus ' year from a general report abou t theKlutz nick Law Library . Kay has done a tremen ­dous job in two short years. You have already readabout plans for Library expansion, and it will notsurprise you that Kay took the leading role in thatproj ect. He continued to teach Legal Research tothe ent ire first-year cl ass as well as handle the dai lyactiv ities in his ro le as Director of the Law Library ,Kay focused much of hi s time th is year on reloca­tion and evaluation of the library collec tion. and hehas become increasingly involved with andinform ed about techn olog ical advances in legal

research. By the way: many people think librari ­ans (Professor And rus incl uded) lack a sense ofhumor. so it wou ld be remiss not to add that at onepoint in the di scussions with the architects. Kaysuggested bui lding a "sky box" above the Ubrary.com plete with hot dogs and beer. for the benefit o fthose who enjoy watchin g Creighton baseball / soft­ball at the adja cent diamonds!

Ed Birmingham continues his important workas reporter for the multi -volume Matthew Bendertreatise on personal inju ry . He completed the 1992supplement: he is also re-wri ting a chapter onConflict of laws for that treatise and he agreed tocontinue as the lead reporter for the 1993 supple­ment. Professor Birmingham was elected by hispeers to the thr ee-person executive committee ofthe facu lty for 1991 -92, and he served as adv isorof this year's Clien t Counseling and Negot iationteams (more on tha t in the sect ion on "Students").

Much of the progress described above in thesection on our new Legal Clin ic wou ld not havebeen poss ible had it not been for Catherin eBrooks' leade rsh ip . scholarship. and determina­tion. In addi tion to her regu lar cl asses and re­search , Kate took on the responsibility of assem­bling material for facul ty consideration of clinicaleducation and then was the lead author of theDepartment of Education grant applicat ion , whichresulted in a three year commitment of start -upfunds for our cl inic. Professor Brooks is interestedin an interdisciplinary approach to legal education.Psycholog ists. soci al work ers, fellow law faculty .and attomeys have addressed her cl asses in Tortsand in the family law areas, and she is writing inthese areas wi th professors from other Creightondepartments. Kate continues to speak at CLE pro­grams and also serves on a number of importantNebraska organizat ions dealing with issues of ch ildwelfare. guardian ad litem , family violence . juvenilediversion. and child abuse. A sample of her workis featured elsewhere in thi s magazine.

Marianne Culhane was elected chair of the lawfaculty executiv e co mmittee for 199 1-92. and Ihave recently informed her tha t she has been re­elected to this honor for the third straight year.Professor Culhane. besides earning the respect ofher peers. also kept a busy schedule in the areas ofcommerciallaw and bankruptcy. She spoke ontwo separate occasions at ClE programs and alsogave a paper in April. 1992, at an internationalconference on Ag ricultural Market Econom y.

Al though Mik e Fenner had a good year, it prob ­ably is one he will try to forget , due to the autoaccident that disabled him for a number of weeks.Mike learned first-hand about victi ms. personalinjury, and restitut ion. (He was not at fault in theaccident.) Mike is feel ing better. but he could notparticipate in the year-end faculty/student softballgame. Mike finished the th ird supplement to hisNebraska Jury Instructions 2d and published a lawreview article on the evidentiary rule on "presump­nons ." Professor Fenner is still in demand on the

Kathryn-JeanKanemori '93 pre­sented FatherDavid J . paulwith the trediucm­al Hawaiian alollalei at his (areweffreception .

lecture circuit. He spoke at the Eighth Circuit Ju dicialConference and at various ClE prog rams. Mike also is veryinvolved with a number of co mmunity and bar-related groups,and he served twic e in thi s "Firs t Amendment Bicentennial"year as a j udge of state high school essay contests .

Th is year Barbara Green played an important role in the riseof the collective consciou sness of our students with regard topublic service . As you ......ilI note in the "Student" section . over100 students part icipated in the Voluntary Income Tax Assis­tance program (VITA) , and Barbara is due a large dose of creditas volunteer faculty sponsor. Professor Green continued herdemand ing role as Admissions Committee chair, reading andevaluat ing appl ications. Under her leadership, the Committeeco mpleted a new pol icy on admission/accommodatio n or di s­abled students pursuant to the new Americans With Disabili tiesAct. With her Tax, Remedies. and Tru sts and Estates courses.Barba ra probably teaches more upper division students thananyone else in the building.

Pat Green served a most valuable and sensitive role for thelaw School this year . In 1991 ·92 the law School was added tothe University Rank and Tenure ru les. We were naturally con­cemed that thi s im portant University Committee understand andappreciate the nature of legal education and the faculty whoteach law. Professor Green was our vo ice on that co mmittee.Over the course of the year, he skill fully explained the role of lawschool facu lties and the tradition s which are part of legal instruc ­tion. Pat undertook another major task this year. The AmericanBar Association requires a "classroom component" to ou r vastinternship program, but it doesn't specify any more than weought to have one . Professor Green has now taken this chargeand offers to students who participate in a very diverse set ofinternships. a series of lectures on "how to tum course-basedknowledge into problern -solvinq techn ique." It is a tremendousaddit ion to ou r curriculum and we appreci ate Pat' s work in thisarea.

Th is was, to m y way of th ink ing and to his, David larson 'sbest year so far. Professor larson published three law reviewarticles and two other pieces, and he lect ured extensively usinghis expertise on the Americans with Disabilities Act legislationwith which he had become familiar during his year in residence( 1990 ·9 1) at the Equal Employment Opportunity Commission.Dave spoke on the ADA locally. on radio. in the press, and atClE programs, and he made two presentation s at the AmericanBar Association meeting last summer. Professor larson also

41

expanded his interests into interna tional law , espec ially on theinteract ion of labor and em ploym ent law s of different co untries.He is writ ing more in this field , and he was invited to participatein the new ABA program. the Central and East European LawInit iative (CE ELI) . He travelled to Romania last fall to work onissues of restruct uring that country 's judicial administration sys­tem . He was also part o f a working group to review the final draftof the new Roma nian Constitut ion.

You m et Raneta Law son in last fall's m agazine, and I ampleased to report that she is a terr ific co lleague. ProfessorLawson taught Ma rria ge and Divorce, Crim inal Law , and LegalInterv iewing in this, her fi rst year of teaching. We are very excit ­ed that she decided to plunge into the criminal law area as a fieldof expert ise. She will add Criminal Procedure and Wh ite CollarCr ime to her course load next year, and th is summ er she is

Professor Roland J.Santoni, J992 trotesorof lhe year

researching issues of the federal witness relocation program.Raneta part icipated in a CLE program this year and gained ahig h profil e in our community. She is on a track to become avery important and prolifi c part of Creighton's law faculty.

Collin Ma ngrum continued wit h his pla n to write an annu allaw review art icl e on m atters co ncern ing Nebra ska rules of evi ­dence, and th is year 's art icle concerned the law of hearsay.Professor Mangrum also com pleted five entries in a soon-to- bepublished encyclopedia on Law and Religion . He spok e at aCLE prog ram and continues to coach (the students say "houndand push") the very successful Law School Trial Advocacyteam . He is also a widely sought m edia source on cons titutio nallaw issues. And while h is outside interests run to coaching soc ­cer, this year his thoughts were also on the m arriage of his eldes tchi ld Charm ian.

To Kent Neumeiste r the bicentennial o f the Bill of Rightsprovided a significant opportunity to enr ich his class es th is pastyear. Professo r Neume ister ma rked this anniversary by provid­ing his students with wri tten work and cla ss discussion abou tHamilton and Madison 's Federalist Papers, especi ally Numbers10, 5 1, 78, and 84 . He foc used on the notion of factions, thelegitimate exercise of majority ru le, and the resulting necessity ofa Bill of Rights. Kent 's students were tru ly educated in th isimportant subject , and we app recia te his dedication to rem indingall of us of the majesty of our heritage. One of ProfessorNeumeister's other signific ant contributions th is past year washis service as chair o f the Library Comm ittee, an espec ially

42

important post in a year of plan ning m ajor con­st ruction for that facility.

I think Eric Pearson was surprised at the appre­ci ative responses to his art icl e on "Su perfund" inlast year 's Creighton Lawye r and he and the schoolwere pleased to provide this valuable inform at ionin an easy-to -read format. The article was an out ­growth of Er ic 's co ntinuing efforts to design textand supplementary ma terials for his students in theNatura lResources/ Pollution Control area . His sec­ond qo-round using these m aterials proved so suc ­cessful that he is looking to ward the possibili ty ofthe evolutio n into a published work . ProfessorPearson co nt inued his important work as chair o fthe Curriculum Committee, focusing thi s past yearon evaluation of the recent changes in the first-yearcurriculum . (Student and facul ty eva luation waslargely pos itive).

Manfred Pieck translated two important andcomplex essays on legal phi losoph y from Frenchinto Engl ish, and bo th are scheduled to be pub ­lished this fall. Many people are aware of ProfessorPteck's interests in international law (he continuesto teach in that area and he works wi th students inthe International Moot Court and Jessup MootCourt programs). But not as many, perhaps. knowof his deep interests in phi losophy of law and semi ­ot ics (the philosophical theory of signs and sym­bols that deals especially with their function in bo thartifici ally constructed and natu ral languages).Fred regularly att ends national and internationalconferences in th is field, includ ing travels th is pas tyear to programs on the East Coast and in Europe.

Ron Santo ni has wide and varied interests inthe law . Besides his work as an outstandingteacher in business associ at ions and corporate law,Professor Santoni expanded his research intereststh is past year into two different field s. He believesthat law school s should offer more educational pro­grams on law offic e ma nageme nt and the profes­sional responsibility o f the law finn members. andhe researched th is area and contin ues to gatherideas abou t effective method s to teach this subject.He is also beginning research on the IndianGaming Regulator y Act of 1988. which opened upa new field for him- the intersectio n of the interestsof Indian tribes, the federal government, and indi ­vidua l states to regulate gambling. It also led himquite naturally into exam ination of the enti re spec ­tru m of Ind ian Law , a fascinating and some timestragic subset o f American legal history and policy.Ron also co mpleted work to provide, in softwareform , the materials he presented in a CLE forumon corporate formation. recapi talization , and disso­lution . And, perhaps most importantly , Ron waschosen by the graduates at the 1992 Law Hoodingas Professor of the Year!

Rod Shkolnick was one of the me mbers of thead hoc co mmi ttee formed to investigate the feasi­b ility of a legal cl inic at Creighton. Rod's leader ­ship was important becau se he, like so many ofour facu lty, was unfamiliar with the theory and

Legal Research and Citation textbook and Student LibraryExercises supplem ent. Larry planned a major CLE conferenceand presented one session on altemate dispute resolut ion andnegotia tion. Professor Volkme r and Professor Lawson were invit ­ed to ma ke presentations at thi s conference. Professor Tepl ycontinues to be a popular invitee to many nationa l and interne­tiona! co nferences on lega l interviewing , client counseli ng, negoti­ations , and lega l wr iting and researc h. His long-term commit­m ent to the AB A Cl ient Counseling Competition was noted th isyear when the International Board presented him wi th an awardrecognizing his servi ce and contributio n towa rd m aking the inter­na tional compet it ion a reality . Congratulations. Larry !

Ron Volkmer also became more involved with A lterna teDispu te Resolution this past year. He was a lead ing voice for leg ­islative passage of a new m ediat ion bill in Nebraska, and he is

now chair of the newly-formed Nebraska Suprem e CourtAdvisory Council on Dispu te Resolut ion . Professor Volkmerspoke on numerous occasions this past year, including the previ­ously noted CL E program on mediati on and dispute resolutionand at Nebraska's first Bench/ Bar Conference. Ron has beenappointed an editor of the quarterly pub lica tion Esuue Planning.in which he reports on new cases on fiduciary duty. He alsoserved as chair o f the search comm ittee for the Director o f theLegal Clin ic. Ron. by the way, was very gratified by the numer ­ous comm ents and congratulatory wishes he received for hiswork on Professor Willi am Sternberg whic h was publi shed in thepast two issues of this m agazine.

Michaela Whit e continued to publish and speak extensively onbankruptcy and on her speci al area of expert ise, the interactio n offederal bankruptcy laws with state family law. Professor Whi telectured at numerou s state bar assoc iation and judicial confer­ences, and of course such national vi sibil ity leads to co ntinuingphone call s and letters aski ng for her advice in th is specializedand co mplex field, including a recent request for assistance fromthe National Associ at ion of Attorney s General. She also pub­lished two new pieces on bankruptcy, including a reference in thetitle of one piece to the famous com ic characters "Calvin andHobbe s." Who says bankruptcy professors lack a sense ofhumor? She served, for the first time. on ou r Facul ty Recruitment

practice of law school cl inics, and he wonderedwhether a cli nic was pedagog ically sound and aproper use of law school funds. A fter muchresearch and discussion with cl inici ans at otherschools, Professor Shkolnick urged his colleaguesto consider the cli nic as a proper addition to ourcurriculum . Rod also continued to play an impor­tant role in the University Budget Committee, help ­ing that group make tough but wise choices inthese times of t ightening higher educa tion funding.

The candidacy of Nebra ska pol itician BobKerrey and the Clarence Th omas confirm ationhearings were two m ore opportuni ties for the pub ­lic to learn about the law from Richard Shugrue.Professor Shugrue co ntinues to be a widely-sough tspeaker and intervie w resource. He spoke as prin­cipal presenter to m any different institutes andassociation m eetings th is past year on areas rang­ing from health policy to consti tutional law. Dickchaired the Facu lty Recruitment Committee th ispast year and repeated his well -received introduc ­tion to the study of law at the First-year Orientationprogram last fall. As many of you know, one ofDoc 's m ost valuable co ntri butions is his continuedcare for and support of the hundreds of studentsand forme r students who stop by to chat, to askadvice on the ir legal careers, or who simply lookfor that k ind word and pat on the back from thisvery popular teacher and mentor.

The bifurcation of the Civi l Proc edure courseinto two sem ester-long cl asses wh ich straddle thefirst and second year provided a unique opportuni­ty for Angela Smith, who continues outstandingservice as directo r of the Legal Writing prog ram .Professor Sm ith worked last summer withProfessors Teply and Wh itten to integrate LegalWrit ing and Civil Procedu re, and the results afterone year are very pos itive. The plan gives pract i­cal applicatio n to procedural theories, and studentsgain grea ter foundation in procedural subjec ts bysimultaneously completing writing project s. Angiealso taught a new third -year elec tive co urse inadvanced wr it ing, and th is sem inar becam e a pop­ular option wi th a number of students who under ­stood the need to continue to refine thei r wr itingskills. The course was limited to fourteen studentseach semester and it focused on persuasive andanalyt ical writ ing. The course included exte nsiveone-on-one sessions and a chance to re -wri te andrevise . Professor Smith also served as Moot Courtadvisor this past year, helping that group to refineits procedures and improve the school toumament.

Anothe r year, another boo k publicat ion forLarry Teply . One of our most published faculty ,Professor Te ply completed a reference boo k onLegal Negotiation which was published by WestPubli shing Company under its popu lar "nutshell"series. And, we cont inue to hear good eva luat ionsand deci sions to adopt as primary text the m ateri ­als on Civi l Procedure which Professor Teply co­authored last year with Ralph Whitten. West alsopublished a fourth edition of Professor Teply's

Peter Sfow iaczek '93 assists a Russianimmigrant wilh his income lax as part ofthe VITA program.

World·Herald photo

43

Commi ttee. And , on a more personal note. we were pleased toattend her wedding th is summer.

After spending so much of his t ime ove r the past few yearspreparing. with Professor Teply. the Civil Procedure textboo k andstudent m aterials, it seemed natural for Ralph Whitten to turn hisattention to using thi s know ledge on a wider scale. ProfessorWhitten is now serv ing in two capacities. on a co mmi ttee to revisethe local rules of the United States Dist ric t Co urt for the Distr ic t ofNebraska , and as repo rter for the Nebraska Civil J ustice ReformCommittee, a grou p considering reform of pract ice rules in orderto reduce delay and expense in the co urt system. Ralph contin­ues to research in the field of the federal judici ary, and he spok eat a federal practice CLE program th is past year. He was againelected by hi s peers to the three-person executive comm ittee ofthe facul ty, and he authored an article on the Erie doc trine for aprofessional publica tion for ci vil procedu re professors.

ADMINISTRATION:A FOND FAREWELL

Thi s summer mark s the end of the four-year tenure of FatherDavid Paul, S. M., as Assistant Dean for Admissions and StudentAffairs. The Prov incia l o f the Soc iety of Mary asked Father Paulto relocate to a Marianist school in Fort Worth, T exas. and

although Dav e didn 't want to leave . his first obl iga ­tion is to his Order. It is an understatement to saythat we will m iss Father Paul, as he has done sucha tremendous job in revitalizing the admissions!financia l aid process and in prov iding a comfortin gand available shoulder to studen ts seeking afriend. Dave Paul has made an important contri­bution to Creighton Law School and we can' t ade­quately exp ress our thanks. He will be m issed.

And . speaki ng of admissions, it is both a plea­sure and painfu l to report another unbelievabl eyear in adm issions. A lmost 1600 students appl iedfor 180 spaces. with applications coming in fromall ov er the country . and from very outstandingcandidates. We are concerned about the job mar­ke t for graduating students three years from now,but we are caught in the bind of so many qualifiedstudents who want to attend and our inability toadmit all who are qual ified and wish to attend.

The placement issue and related caree r ser­vices were the chief co ncerns thi s year of Assis­tant Dean Maureen O 'Connor. who completed herfirst year as Director of Career Services. DeanO'Connor came to us last summer from one ofOm aha's leading law firm s. and I believe that it

Career Services Officeby Maureen O'Connor. Assistant Dean (or Career Servi ces

Th is ha s been a busy year for theCreighton Law Schoo l O ffice of CareerService s. It is no secret that there hasbeen a significant downturn inemployment opportuni ties for lawschool graduates. In order to find

position s. our law students areco nsidering a broader range of opportunities

and the facu lty and ad ministration are doing more to facili ­ta te their effo rts . In addition, more alumni are loo k ing to usfor help with career changes.

It is good news tha t the employment figures for the cl assof 199 1 show that Creighton students co nt inue to be mar­ketable in the Midwest and beyond . Our most recent surveyshows that 87% of the 199 1 gra dua tes who responded to thesurvey hav e found lew-rela ted employ m ent. Al though mostare employed in the private practice of law. many are jud icialclerks serving in a variety of federal courts, as well as statesuprem e and appellate courts, and we are seeing in anincrease in the number of graduates find ing employment inbusiness. industry, and governm ent.

CLASS OF 1991 EJl\PLOYMENT

Private Pra ct ice 56%Business/Industry 12%Judicial Clerkship 12%Go vernment 11%M il itary 5%Graduate Sc hool 3%

Public Interest Organizatio ns 1%

44

To m eet the challenge of assisting students and alum ni , theCareer Serv ices Office has undertaken two new projects. Th e fir stproject is the Career Opportunit ies Bulletin co ntaining current fu ll ­time job o penings lis ted wi th the Career Services Office . TheBulletin is mailed m onthly to the members of the gradu ating cl assand to alu m ni who are looking for a career change. We hope tha tthe Bulletin will allow us to d istribute job notices to all who areinterested. If you would like to receive the Career Opportuniti esBulletin, p lease call th e Career Services O ffice at (402)280-3082 .

The seco nd pro ject is a net work of alumni who have agreed toassist students and alumni looking for positi on s outside of theOmaha area. Their assistance might include a discu ssion of thejob m arket in their pa rti cular ci ty, hints or tips about where to loo kfor a job. and perhaps names of other people to co ntact about aposit ion. We initially co ntacted about 200 of our alumni to beginthe project . and we ha ve had a tre mendous response. Over 75 ofour alumni have already ag reed to help. (See listing .) Althoughwe started in areas where we have a large number of alu mni , wehope to increase the network to include most m ajo r U.S. metropoli­tan areas. If you would like to vo lun teer as an Area Representa tive.please let us know. and we wi ll add you to the network . We ere try ­ing to recrui t several representatives from eac h geographic area topre vent overburdening anyone person. therefore, even if you seethat your city is represented . we encourage you to bec ome an A reaRep resen ta tive . In these difficult times. a li ttl e help from an estab­li shed attorney can really make a difference.

If you do not have the ti me to be an Area Rep resentat ive. youcan help us in other ways. Please let us kn ow about em ploym entope nings in your firm or com pany. and please encourage youremployer to rec ru it at Creighton Law School. The se th ings alsohelp us to help students and alumni.

was her experie nce in the practice of law whichenabled her to accomplish so much in her "rook ­ie" year. Th e jo b dem ands great flexibi lit y, butthe m ajor compo nents are cou nseling, program·m ing, and services . As a one-on-one coun selor,Maureen talked to students from all th ree classesplus an increasing number of alumni. She orga ­nized numerous program s for stude nts on allaspects of the job search and career options. withsuch varied topics as resum e writ ing, alternatecareers, judicial cle rksfups. interv iew skills . andlegal speci alt ies. And, Dean O 'Co nnor took afresh loo k at the servic es offe red by the off ice andmade m ajo r improvements. Besides arrangingthe traditional on-campus interview program seach spring and fall, the Career Services Officestaff publishes a number of handbook s for stu­dents, ma intains an up-to-date library and com ­puter servic e, and prepares a monthly newsletterfor students. Dean O'Connor also now publishesan alumni placement newsletter , which is detailedin the accompanying item. It goes without sayingthat yo u, our alumni and friends, are our greatestresource for jo b informa tion and ideas, and wewelcom e and seek your inp ut.

This was another fu ll and busy year for Associate DeanBarbara Gaski ns. She continues in her varied roles as a teacher,counselor, administrato r, and editor/ author/ publisher. Shecoordinated five CLE programs at the Law School (topics incl ud­ed sexual harassm ent, exporting, objec t ions at trial, bank ruptcy,and commercial law). In addition, the 199 1 Fall Insti tu te series ofshort co urses included evidence, estate p lanning, and adva ncedlegal research. Barbara also coordinated a CLE program on fed­eral pract ice as well as the annual "Walk Through the Cou rts."An d, perh aps most significa ntly , she served as a m ember of theNebra ska State Bar Association Committee that planned the firstNebraska Bench/Bar Conference, designed to bring togetherlawyers and judges in a relaxed setti ng with the dual goal s ofim pro ving the legal syste m and increasing ci vili ty in the court.Th e first conference, held in early May, 1992, was a smashingsuccess (including a golfing victory by Barb 's foursome!). Thi spast year she served as chair of Creighton's United Way cam ­paign , a not -sa-small campus-wide task . Father Morrison report ­ed an increase in donations and he was qu ick to thank BarbaraGaskins for her leadership in this effort . We, too , join incongratul ations.

Paulynn Nunez continued thi s year to direct the myriad ofactivi ties involved in alumni affa irs and pub lic even ts. She wasresponsible for coordinating our most successful phonathon todate. She has really brought a personal touch to th is annua l fund

Many thanks to our Area Representatives for their willingness to serve:

California:Richard LAlley '84, Sacrame ntoAle xander G. cerro '90, Los AngelesLisa M. Kralik '90, Lo s Angeles

Colorado:John H. Bernstein '77, Denv erJ. Matthew Depetro '82, LittletonJames E. Goldfarb '77, DenverJames H. Hahn '81 . Denve rPhill ip S. Lorenzo '80, DenverBrian M. Mumaugh '82, DenverChad M . Neuens '90, DenverG, Michael Schuyler '85, DenverStephen B. Shapiro '83, DenverRonald J. Snow '77, Denv er

Illinoi s:Joan T. Agnew '89 , Chic agoMark G. Bag gio '85, ChicagoJames D. Benak '80. ChicagoWill iam J. f ox '87. ChicagoSusan Hovey '86. ChicagoKathryn R. lngrim '86, ChicagoRaymond S. McGaugh '84, ChicagoMark Ostrowski '89, Markham

Iowa:Brian Campbell '77, Des MoinesAhmet S. Gon lubo l '86. Des MoinesJoseph A. Happe '85, Des MoinesFrank T. Harrison '67 . Des MoinesMichael P. Holzworth '83, Des MoinesE.J. Kelly '73, Des MoinesWill iam J. Lill is '68, Des MoinesAnne McAtee '89. Des Moinesc.r . Newsum '87, Des Moines

G. Mark Rice '82, Des MoinesWilliam D. Scherle '75. Des MoinesJames P. Ward '86 . Des Moines

Minne sota :W. Joseph Bruckner '82, Minneapo lisDaniel J. Cole. Jr. '69, SI. PaulRichard J. Galena '74, St. PaulPatricia O' Leary Kiscoan '87 ,Minn eapolisJa mes Duffy O'Connor '79.Minneapoli s

Missouri:Conn ie J. Boysen '85. Kans as CityToni D. Cipolla '89 , Kansas Ci tyWillia m J. Cram pton '85, Kan sas CityMichael J . Furlong '89, Kansas CityMark W. McK inzie '81 , OverlandPerk , KSAnne Stohr O 'Br ien '86, Overl andPark , KSJames P. O' Hara '80, Overland Park , KSPh illi p A . Orscheln '8 1, Kansas CityDavid H. Reinmille r '89, Kansas CityAnthony F. Rupp '83, Overland Park , KSRobin Spoo ner '88, Kansas CityCurtis L. Tideman '85. OverlandPark , KSMichae l Zevitz '90, Kansas City

NevadaLaura Melia '91 , Las Vegas

New Mexico:Timothy Lowe Hartley '9 1,A lbuquerque

45

New York :James D, Dati '83. SyracuseJoseph Decaminada '85. New York Cit yNicholas A. DiCerbo '72, OleanStephen A. Donato '83. SyracuseBrendan E. Egan '88, New York CityMichael W, Jahnke '86. New York CityPaul W. Markwardt '86. New York CityKeith E, Sharkin '82, New York Ci tyHow ard A. Sta rk '76, Rochester

Texas:Jeffrey T. Harvey '88, San AntonioKim berly L "Sunny" Hil liard '89. DallasRobert G. Mahlin '73, DallasRichard P. Marshall , J r. '79. AustinLynnette R. McClellan '86 , Dall asJeanne G, Selzer '90. DallasJames G. Vette r, J f. '60. Dallas

Washington:Nicholas Marchi '90 , Seatt leJohn McKa y '82, SeattleMichael McK ay '76, Seattl e

Washingt on, D ,C.:Nikki Calvano '8JWayne Gold '77Lo is J. Gregory '85Robert J. "Chip" Gregory '85Cyn thia lrmer '80

John S. Most '86

campaign: not only do law stude nts ca ll alumni seeking contribu­tions, bu t she only employs students who are enthusiasticabout th is task and who will go out of their way to ask alumniabout personal news and answer questions about the Law School.Paulynn was also respo nsible for our terrific Annual Dinner last falland many alumni reunions. and she continues to coordinatemany student activities and also assist Father Paul with admissionand recruitment proqrams .

STUDENT ACTIVITIES:THE RETURN OF PUBLIC INTEREST

If there was one singular highlight of the activities of th is year'sgroup of law students , it would be the gradual but strong return tothe concept of public interest. From the leadersh ip of Student BarAssoc iation president Bridget Everitt , '92. in prom oting SSAactivities to help the poor of Omaha, to the numerous other ectivi­t ies described below , it seems prem ature to signal the death ofpro bono concern among law students.

One significa nt proj ect was the return of a strong VITA pro­gram. led by Peter Slowlaczek. '93. Creighton law stude nts hadparticipated in the Volunteer Incom e T ax A ssistance program,but it had been a long time since we sponsored a chapter at theLaw School. Well ove r 100 students, from all three classes , vel­unteered evenings and weekends to provide assistance in taxpreparation for the elderly. the indigent , the non -English speak­ing, and for newly-arrived Americans from Russia, SouthAmerican, and Asia. The IRS sent strong comm endations for ourstudents' efforts and sto ries about Creighton's vrrA project ran inthe newspaper and on television. And. the efforts were rewardedwhen we leamed this summer that the American Bar A ssoc iationLaw Student Division named the Creighton Law School VITAchapter as Rookie -Site -of -the -Year for the top first year program.and they also selected Peter Slowleczek as ABA!LSD NationalDirector o f VITA for 1992-93 .

An other new group at the Law School this year was the PublicInterest Forum , a group of students dedicated to promoting assis ­tance to the poor. raising awareness among fello w students. join­ing with othe r such law student groups across the country toshare information, and urging the facul ty to open a legal cli nic.Over 300 students signed the clinic peti tion , and although the fac­ulty was already well on its way to establ ishing the program , itwas reassuring to know that the students were supportive.

Other chanteble act ivities th is past year inclu ded fundraising tohelp AIDS patients , a cl oth ing drive , a food drive, and help inghandicapped children celebrate Halloween and Christmas.

Moved by th is growth of public interest acti vi ty , when we metat the close of the year to discuss the nominees for the Out­standing Student A ward, which is given by the faculty to the thi rd ­year student or students who has given outstanding serv ice to theschool. the facu lty decided to also recognize student contributionto the community. The faculty therefore added a new award , tobe given from time to time, to the third -year student or studentswho has exh ibited outstanding leadership in community service.

The three Outstanding Student Award winners this year were :Bridget Everitt . for her strong SBA leadership: Amy Hemmingsen.for her extra ordinary work in the Moot Court program; and Rick iArtnz. for her leadership in the Client Counseli ng! Negotiationsprogram and in organizing the regional tourname nt at Creighton.

Two of the first three inaugural recipients of the OutstandingCommu nity Serv ice A ward were Dan Monte and Mike Whyt e.

who took it upon them selves to organize a monthly Law Schooldinner at the Francis House. a shelte r for the hom eless

46

Veronica L Bow engraduated w ith theh ighesl lri enniataverage.

loca ted a few blocks from Creighton. They raisedfrom the faculty and student body the food , money.and volunteer time to feed about 175 peop le oncea month. They arranged for students to clean andorganize the Francis House, and they spentTha nksgi ving , 199 1 fixing food at Francis House.

Th e third inaugural Community Servi ce Awardwent to Ada Jim enez, who opened up the poss lbttl­ty of higher education to hundreds of disedven­taged youth in South Omaha. Ada, as president ofthe Latino Law Students, established a mentorprogram with Hispanic stude nts in South Omaha.and she organized a highly successfu l Law Day forethnically diverse students. She served on twoUn iversity committees. both involved with strength­ening cultural diversity at Cre ighton. And shepetitioned the faculty to establ ish an internshipprog ram at the Chi cano Awareness Center,

A ll six of these stud ents are rem arkable youngpeople . who are not only qualified educati onally topractice law. but who will also add greatly to theirrespective communities du ring their year s as attor­neys. Th ey brought and will continue to bringhonor on Creighton and on the legal profession,and they embody the most important aspects ofservice in the Ignatian ideal.

LAW SCHOOL ACTIVITIES:A FULL YEAR

Th is past year incl uded cou rt sessions, foreignvisitors. regional competi tions . and Internetfonelhonors for a student group. It was a very full year.and the student organizations were extremelyactive in presenting programs for their membersand for the school. It is a real pleasure to report onjust a few of these events.

We were most fortunate to host visits by boththe Nebraska Supreme Court and the United StatesCourt o f Appeals for the Eighth Circuit (whic hincluded a bench of Judges Fagg. Bow man. andBeam ). The cases were interesting and the stu­dents enjoyed the fact that many of the attorne ysappearing before the respective courts wereCreig hton graduates. In both instances. the judgesoffe red students opportunities after the sessions toask questions of the bench about all the aspects ofappell ate advocacy, an educational practice wh ichwe very much appreciate.

W. Greg O'Kief.senior speaker

United States Court of Appeals Judge ArlenBeam actually vis ited Creig hton tw ice this pastyear. He also served last fall on a terr ific finalround benc h for the Internation al and DomesticMoot Court prog rams. Th e other ju dges on thepanel were Senior Judge Myron Bright of theUni ted States Cou rt of Ap peals for the EighthCi rcuit and Ju stice Frank Henderson of theSupreme Court of South Dak ota, We cl osed theweek 's even ts with our Ann ual Dinn er. when wepresented the Alumni Merit Award to Tom Burke.'5 1. Historian/ impersonator Clay Wilk inson madea dramat ic visit at the conclusion of the AnnualDinne r in the person of Thomas Jefferson.

Besides their usual outstanding work. the edito ­rial board of the Creighton Law Review madeVolume 25 a very memorable publication . Led byEditor-in -Chief Mary Vandenack A lbino . theBoard presented the fourth issue as a special issueon ethics (business, legal, medica l) as a follow-upto the Yossem Chai r Inaugural week in Apri l, 199 1.Included in that issue is Joe Allegretti' s inauguralspeech and also an uplift ing and dynam ic speechby Professor Edwin Firmage. who came toCreighton to present the 1992 Winthrop andFrances Lane Foundat ion Lecture.

The Law Review Boa rd also publ ished a speci alfifth issue of Volume 25 . wh ich included the pro­ceedings of a unusual symposium held atCreighton this year. Under the co-sponsorship ofthe Law School , the Center for Health Pol icy andEthics, and the Klutznick Chair in JewishCiviliza tion, the symposium brought together ethi­cal, lega l, and religiou s schol ars from across thecount ry to discuss issues of surrog ate motherhood .While there have been other conferences on thistopic, there has never been such an interdisc ipli­nary attempt to focus on this issue as it relates tolegal, ethical. and religious precepts. If this topicinterests you. I urge you to glance at this very spe­cia l issue of our Law Review.

One of the most exciting awards th is year waswon by the Creighton Law School chapter of PhiDelta Phi, the legal service fraternity. Even thoughonly three years old, they won chapter of the yea rfor our region for the second year in a row, andthey were thrilled to learn in May that they had wonInternational Chapter of the Year! Under the

l eadership of Magister Barbara Hobson, th is group of studentsreally livened up the school this past year with activities thatincluded fund raising for charity and for the Richard ShugrueScholarship Fund. A well -deserved cong ratulations to the entirePDP mem bership!

We also hosted a visit thi s year from Professor Vj ot ech Cepl.Vice Dean of the Charles Univers ity Law School in Prague,Czechosto vakle. Professor Cepl's visit was spo nsored by CEEU ,the ABA program designed to bring deans from East Europeanlaw schools to America in order to provide assistance and quid­ance in revising curr iculum from a socia list to a democ ratic soci­ety. Professor Cepl stayed at Creighton for four days. and had achance to visit cl asses, meet with students, faculty , and alumni,learn more about co mputer-assisted legal research and modernlaw libraries. and also sample Omaha's restaurants and ice creamparlors. A great friendship was fanned, one which we hope willlead to further exchanges and a strong relationship.

We ended the year with a moving Hood ing ceremony andcommencement exercises. Greg O'Klef, elected by his cl ass­mates as senior speak er , gave a touching speech and VeronicaBowen received the award for the highest triennial average. Noton ly was the Class of 1992 an unusually close-kn it class. but thestudents took the opportunity to say farewell to Professor Ryanand Father Paul. This occasion was also marked by the renewal ofthe Class Gift. somethi ng we have not seen for a while. Onbehalf of the Class of ~992, SBA president Br idget Everittpresented the schoo l with a United States flag which has flownover the Capi tol in Washington. D.C. It seems that the Law Schoo ldidn' t own a flag; every time we needed one, we borrowed a flagfrom the ROTC program . Now, thanks to the generosity of thegraduating class of 1992, the Law School is the proud owner ofOld Glory.

The Hooding Ceremony was a fabulous close to an except ionalyear at Creighton Law Schoo l. Th e strength of the programs, theexcellence of the education, the qua lity of service, and the warmthof feeling in the building made for a very satisfying year for all ofus. We are pleased to write about it , and we are proud to report onit. And, we thank you for your continuing support which makesth is report possible.

Respectfully submitted.

Lawrence RafuJDean and Professor of Law

P.S. As we go to press, I can report tha t William A. (Trey)Del oach , III will be the new Assis tant Dean for Admissions andStudent Services at Creighton Law School. Dean Del oach gradu­ated first in his cl ass and was Student Articles Editor for Volume24 of the Creighton law Review. He earned his undergraduatedegree in Educat ion at UN -L. where he was also a member of theNebraska foo tball team . He eamed his Master of Science inEducational Adm inistration at UNO. Following graduation fromcollege, Dean Del oach taught high school English and Soc ialStudies, first in Kan sas City, and then at Millard North High Schoo lin Omaha.

47

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Years and miles no longer need to separate you fromyour Law School. Use the envelope in the middleof the magazine to order your golf shirts andsweatshirts. (Sweatshirts now available in child­ren's sizes.) Proceeds are used by the StudentBar Association to fund charitable programs.

CR.EIGHTONLAW

2500 California PlazaOmaha, Nebraska 68 J78

Nonprofit OrganizationU.S. POSTAGE

PAIDOMAHA,NE 68178PERMIT NO. 227