University of Wisconsin Law School Forum

ARGOYLVolume XXI Number 3. Winter 1990/91

Dean's NoteDean Daniela' Bernstine

Robert Froehlke Receives Distinguished Service Award

Law School Admissions:Playing the Admissions GameTimothy R. Verhoff

Admissions in PerspectiveProf Walter B. Raushenbush

JlA Birthday Celebration"Commemorating Martin Luther King, Jr.Prof James E. Jones, Jr.

Lawyers As Librarians: Combining CareersProf S. Blair Kauffman, Law LibrarianCheryl A. O'Connor, Outreach Librarian

Featured Alumni: Lloyd A. Barbee ('55),Jeffry Paul Brown ('79), J. Paul Morrow ('56)Timothy R. Verhoff

Alumni Notes

Faculty Notes

Editor's Note

Mystery Picture

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Postmaster's note: Please send form3579 to "Gargoyle," University of Wiscon-sin Law School, Madison, WI 53706.

Bulletin of the University of WisconsinLaw School, published quarterly.

Edward J. Reisner, EditorEarl J. Madden, Design

Publication office, Law School,University of Wisconsin, Madison, WI. ISSN 0148-9623 USPS 768-300

Cover photo: Robert Froehlhe, 1990 Distin-guished Service Award winner.

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Dean's NoteDean Daniel O. Bernstine

After my first few months as Dean of the LawSchool, I am happy to report that my only realsurprise has been that there have been no real sur-

prises. For any dean, particularly a new dean, that state-ment is remarkable in and of itself. We have just aboutcompleted our first semester of classes and, as you wouldsuspect, students are getting busy in preparation for finalexaminations. We have also had the usual flurry of activi-ties and programs which help to make the Law Schoolsuch a vibrant place to study and work. There are a fewitems and accomplishments which are worthy of note.

On October 19-21, our Faculty Retreat was held atthe Heidel House in Green Lake. During the Retreat, thefaculty had the opportunity to exchange thoughts andviews on a number of topics, including ways to foster anincreased communal spirit in the Law School. In addi-tion, there was a little time for us to get together sociallywithout being concerned about the pressures of classpreparations and other Law School activities. As a follow-up to the Retreat, there was a general consensus that weshould take a comprehensive look at our curriculum overthe next several months and a Task Force on CurriculumReform will soon be established to examine our courseofferings as well as to explore how we can better deliveran even higher quality education to our students.

On October 29th, the Law School had its annual visitby the Board of Visitors. The Board was briefed by fac-ulty and administrators on several aspects of the LawSchool's operation, including admissions, clinical pro-grams, placement, legal writing, serving students withspecial needs and the plans for a building addition. TheBoard also met with Chancellor Shalala to discuss theirconcerns and express their views about the Law Schooland its future. Overall, the visit was a success and welook forward to receiving the Board's final Report in afew months.

On the night before the Board visited the LawSchool, there was a reception and dinner for Board mem-bers and faculty where Professors Stuart Gullickson,Orrin Helstad and Bill Foster received the Wisconsin LawAlumni Association's Faculty Career Achievement Award.Congratulations to each of these recipients. They havehad long and distinguished careers at the Law School andI wish each of them the very best in their retirementyears.

Congratulations are also in order for our Moot Courtteams. Champions of the Chicago Bar Association MootCourt Competition were Jeff Baxendale, Denise Steeleand Eric Brandt. The regional champions of the NationalMoot Court Competition were Joan Brinkmann, DavidHanson and Kris Thomas (Wisconsin team for the peti-tioner). The semifinal winners of the National MootCourt Competition were Sarah Calvin, Kelly Kinzel and

Dean Daniel O. Bernstine

Bryan Schneider (Wisconsin team for the respondent).We have had a variety of speakers and conferences

this semester. The Law School celebrated the 40th anni-versary of the publication of J. Willard Hurst's seminalwork, The Growth of American Law. Professor AviamSoifer of Boston University delivered a lecture on hiswork. The Fourth Annual Thomas E. Fairchild lecturerwas Solicitor General Kenneth W. Starr. General Starrspoke on the topic "The Court of Appeals and the Futureof the Federal judiciary," Next year's lecture will be pre-sented by Judge Harry T. Edwards of the Court ofAppeals for the District of Columbia Circuit. The LawSchool also hosted a very successful conference on criti-cal race theory which attracted over 100 scholars from allover the country.

The major strength of our Law School has been itsvitality as an academic institution and its commitment toremain in the forefront of legal education. As we movetowards the 21st Century, I am optimistic about our cur-riculum reform efforts, our ability to produce even moremoot court champions and our support of a variety ofeducational programs and conferences.

As this first semester comes to an end, I have com-pleted about half of the over forty alumni events sched-uled around Wisconsin and the country. It has been apleasure seeing old friends and former students as wellas meeting many of you for the first, but assuredly notthe last, time. I look forward to next semester when wewill resume these gatherings.

Finally, on behalf of all of us here at the Law School,I wish you the very best for the new year.

Froehlke Receives1990 Distinguished Service Award

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[Editor's Note: At the 47th Annual LawSchool Spring Program last April, RobertFroehlke ('49) received the Law School'shighest alumni award. He becomes the 45threcipient since the award began in 1967.J

Presentation by Harry Franke ('49)Earlier this year I had a call from EdReisner with the good news. BobFroehlke had been selected as the recipi-ent of the Wisconsin Law Alumni Associ-ation's Annual Distinguished ServiceAward. In an unusual display of badjudgment, Bob had suggested me to bethe presentor. Ed closed our conversationby indicating they would send me someinformation about Bob which would sup-port the selection.

A few days later I received two docu-ments. One was the Fall edition of theGargoyle which contained last year's pre-sentation to Chief Justice Heffernan bythe Honorable John Reynolds. There wasa penciled note-"This will give you theidea." Much to my surprise, the openingparagraph fit like a glove.

It is an honor for me to be called uponto present this Distinguished ServiceAward to. .. [We] have been closefriends for over a half a century. Wehave gone to school together, weworked together, we travelled together,we drank together, and, most impor-tantly of all, we solved the problems ofthe world together. Therefore, what Ihave to say today is not objective but itis truthful.

Reynolds then goes on to talk aboutthe intellectual brilliance and enthusias-tic tenacity of his subject. Well, that leftme to pursue another tack.

The other document concerned the1990 Distinguished Service Award. It con-tained a listing of past recipients from1967 through 1989 and what giants theywere.

However, there was a simple para-graph as to the criteria for selection item-izing the ways that there could be "Anoutstanding contribution to the profes-sion." While it appears that anyone ofthe categories would suffice, to my pleas-ant surprise, Bob qualified in four of thefive possible categories.

Harry Franke Il.l and Robert Froehlke (r.)

First, as a Practitioner. Bob was withthe McDonald firm here in Madison for acouple of years and then counsel for Sen-try Insurance Company in Stevens Point.

Next is Faculty Member. Bob and Iboth served on the faculty here for a rela-tively short period of time along with oneJack DeWitt.

The next category in Government Ser-vice. I doubt our Law School has had amore distinguished graduate in the mili-tary. Not only has Bob served as an Assis-tant Secretary of Defense and Secretaryof the Army, but his picture and plaqueappear in the Infantry School Hall ofFame at Fort Benning, Georgia.

Next, we have the rather difficultrequirement-graduated from the Uni-versity of Wisconsin Law School. Bob didthat with flying colors among them beingthe Order of the Coif.

The next qualification is also one thatI can vouch for. The recipient must be

over 65 years of age. Since I am exactlytwo days older than Bob, I am aware thathe meets this requirement.

Our profession can be proud of BobFroehlke who has accepted the Chair-manship of "Campaign For Wisconsin:'the first major capital campaign in thehistory of our University (this is not lim-ited to the Law School) with the goal ofsome 300 million dollars. Let me give youan example of the type of "quiet leader"this man is.

Several months ago Brent Rupple,Chairman of Robert W. Baird & Co., andloyal Wisconsin Alum, inquired of me asto the possibility of getting Bob Froehlketo serve as Chair for "Campaign for Wis-consin." While I was somewhat skepticalto Bob's availability, I encouraged him todo so and Brent made a trip with someothers to Minneapolis to meet with Bob.Subsequently, Brent reported that the triphad been a success although Bob felt that

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In spite of my concerns about theprofession, when asked to namemy occupation in the inevitablequestionnaire, I still stateI'attorney:'

they should be seeking the services ofsome person with greater stature and abigger wallet.

What follows may be of some embar-rassment to Bob, but I am going to tell itanyway. A few weeks ago Brent advisedme that Bob Froehlke had explained tohim that before he could go out and askother people for money, Bob felt that heshould set an example. Therefore,although not a wealthy individual him-self, he has made arrangements throughthe purchase of joint insurance policesupon his life and Nancy's for a gift of onemillion dollars to the University of Wis-consin.

The last item on this list-and ofcourse it is not essential to qualify hereis-"That you be deceased:' Well, BobFroehlke is very much alive, however Ithink it is appropriate that we do paytribute to him here today.

Response by Robert Froehlke ('491I am honored and pleased to accept thisaward. It is a touch discouraging, how-ever, to observe that those who know mebest are the most surprised that I am thisyear's recipient. I confess that I, too, wassurprised and a bit mystified when CliffThompson notified me of the award. Myfirst reaction was that must have beensome cocktail party before the vote wastaken. I am not a practicing attorney, ajudge or a professor. Why me?

Then I looked at the previous recipi-ents. Joseph Davies, Nat Heffernan, IrvCharne, Carl Runge, John Reynolds andon and on. Timing is everything. It wastime for a Republican-in spite of the factthat he is just a businessman!

This award has added allure becausemy friend of over half a century, HarryFranke, made the presentation. Our ini-tial contact was at the first Badger BoysState in 1939. Ever since we, or at least I,have looked forward to a chuckle andcamaraderie whenever Nancy and I get

together with Harry and Mary. Theycause me to hope that I am judged by thefriends I keep!

Affairs like this are very nostalgic.Looking back I fear that at the time Igraduated my appreciation of the lawschool and the friends I made while therewas insufficient. Today I can assure youthat I am most appreciative of both. Bothwear very well. I'll never forget HerbiePage, not because of his erudite presenta-tion of Contracts and Wills, but his fan-tastic knowledge of baseball history andhis very great appreciation of women-particularly pretty women. At that time"lecherous old man" came to mind.Today as I rapidly approach that age Ilook upon him much more kindly. Heunderstood the important things in life!

Ray Brown made Constitutional Lawa thrilling subject that still excites me.Howard Hall always had the best stu-dents in his class because you always gotyour law school average in his courses.Dick Effland was the baby of the facultybut he was an outstanding teacher and avery considerate human. And any recita-tion of faculty must include WillardHurst. A mind that has few, if any equals,a teacher who could excite and motivatelike few I have ever encountered.

The student body was special. Mostwere close enough to be called a friend-and many still are today. Youcouldalways tell in which service the studentserved because we all wore our militarygarb. As contrasted to pre-war school,law school was approached more seri-ously. We matured in the "big war" andschool was now more of a job than thepre-war fun and games. The one majordrawback was the paucity of female stu-dents. (Maybe that is why we treatedschool more like a job.]

Most of the law students were mar-ried. We referred to the students' spousesas wives in those days because they allwere. Nancy kept a full-time job, whiledoing all of the chores of a housewife anddidn't neglect any of the duties of a newbride! I know I am not alone in feelingthat the eventual law degree is held injoint tenancy with my wife.

So far I hope my comments havefallen into the "sweetness and light" cat-egory. I still have a great respect for theprofession and yet, as a businessman,I do have a non-attorney perspective. Iwant to share two concerns I have for ourprofession. Unfortunately, I do not haveany answers but I do know that the mostimportant step in coming up with

answers is to get those involved to recog-nize the problem.

The legal profession today does nothave the respect it had when I graduatedfrom this law school. I do not knowwhether this is merely a perception prob-lem or if it is more serious. Regardless, Iknow that no profession can flourish and,more importantly, serve the public ade-quately, if it doesn't have public support.I believe the time has come for lawschool faculty, the bar association andeach individual lawyer to make an in-depth study of the profession today. Arelawyers today more interested in moneythan service? More interested in self thanclient? Less interested in high profes-sional standards?

My second concern is the propensityof society to become increasingly liti-gious. The question no longer is to sue ornot to sue. It is a foregone conclusion weare going to sue. The question is who hasthe deepest pockets. This is not just aninsurance man talking (I am no longer inthe insurance business.] This is a citizensaying civility has lessened in our societywhen the legal profession appears to besaying the answer to every unfortunateoccurrence is a lawsuit. And these law-suits are increasingly expensive, stress-ful, acrimonious and dilatory.

In spite of my concerns about the pro-fession, when asked to name my occupa-tion in the inevitable questionnaire, I stillstate "attorney." True, I have been afallen away lawyer for over 30 years.Nevertheless, I believe my law traininghas been a very important ingredient inany success I have had. It has taught methe importance of distinguishing the cru-cial facts from the minutia of a situation;applying these facts to the appropriateprinciples involved; concern for the indi-vidual and his inalienable rights; respectfor the law, and recognition that ethicalconduct is the foundation of any profes-sion. This school has provided us a solideducation and ethical foundation. Forthat we are in its debt.

At the risk of turning this podium intoa bully pulpit, I would like to suggest thatin the near future we can begin to repaythat debt. As National Chairman for theupcoming University of Wisconsin Capi-tal Fund Drive, I urge you to give yoursupport to "Campaign Wisconsin" whenit is officially announced this fall.

I conclude where I began. I am veryproud of this law school and this univer-sity. That makes this award all the moremeaningful. I thank you very much.

Playing the Law SchoolAdmissions Game

Timothy R. Verhoff

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Want to know the secret of getting intolaw school? It's simple: get a 4.0, aceyour LSAT,and join every worthy causeand activity that you can. True, it's notthat difficult, but it is close. As more peo-ple apply to Law School and their qualifi-cations become better, the competition atmajor law schools around the nation hasdrastically increased. Having a parentwho is an alumnus of a particular lawschool no longer spells probable accep-tance to that school.

As times have changed, so have admis-sion procedures. According to MaryDuckwitz, a Law School Admissions staffmember, "In the early 60's and before,admission procedure was much different.If an applicant had a 'C' average in col-lege and was interested in the LawSchool, he was admitted." Today, thingsare much more complicated.

Admission decisions are now madeby the Admissions Committee, composedof professors Gordon Baldwin, JohnKidwell, Walter Raushenbush and JuneWeisberger. There are also two studentmembers who participate in policy deci-sions but do not review applicant files.

Applications have a deadline of Febru-ary 1, about seven months prior to thedesired enrollment date. According toGordon Baldwin, "We start looking at theapplications as soon as they are com-plete. It is useful to apply early becauseat later times there is a deluge of applica-tions that come in:'

As applications arrive, they are placedinto files containing the application form,a record of residence, copies of collegetranscripts, and a report of the appli-cant's LSATscore. The completed filesare then turned over to the AdmissionsCommittee that makes an initial decisionto accept, reject or hold the applicant.

"When we get a file, we first look atthe cover, which has the applicant'sname and college. Then we use a formulato predict the applicant's first year lawschool grades. In-state applicants whosenumbers yield a prediction that have an

84 or better are immediately accepted.Non-residents whose numbers say theywill receive an 85 or better are acceptedimmediately. Most of our applicants havea projection of 83 and are placed onhold:' said Baldwin.

There is a good reason so many appli-cations are put on hold: today's competi-tion is hard fought. In 1968 the LawSchool processed 1047applications. By1990that number almost doubled to 2700applications. For the past two decades,an average 658 applicants were admittedand 984 applicants were rejected annu-ally. The number of applicants rejectedreached an all-time high of 1957last year.

Academic qualifications of the averageapplicant have also increased in the pastfew decades. The median college gradepoint average of an incoming first-year-student was 2.87 in 1969. Today,themedian G.P.A.has skyrocketed to 3.40.Of those applicants accepted each year,approximately half are residents and halfare non-residents. Traditionally, however,only 20 to 30 percent of the students whoenroll each year are non-residents.

After a file is initially placed on hold,it is redistributed to another member ofthe Admissions Committee, and appli-cants are notified of their status. As soonas all applications have received an initialreview, the Admissions Committee mem-bers sort through the applications placedon hold. Each member is responsible forreviewing a specific number of theseapplications. And there is seldom any dis-cussion of the applications between thecommittee members.

"Each member has a quota:' saidBaldwin. "They fill that quota with agreat deal of discretion. Sometimes thereis a small amount of discussion betweenone or two members of the committee.These are usually hallway discussions orthey distribute files between each otherthrough the mailboxes. Wejust don'thave the time [to have formal meetings]with 2700 applications to process:'

Files placed on hold are reviewed for

Prof. Gordon Baldwin

both academic and non-academic factors.Several venues of an applicant's careerare considered: grades, grade trends, let-ters of recommendation, graduate study,quality of the undergraduate institution,writing samples, community service,extra curricular activities, minority back-grounds, parents who are alumni, andother pertinent data.

"Extra activity is important, but it'sthe quality of the activity that we lookfor. We look at community activity, var-sity athletic programs, professional expe-rience and other non-quantifiable fac-tors:' said Baldwin.

Baldwin also noted that committeemembers read every letter of recommen-dation sent. But some letters have moreinfluence than others. "It depends on thekind of letter. There are some letterswhich show that the recommendor has apretty good grip on the applicant's abil-ity:' he said.

Although the Law School does notconduct personal interviews with appli-cants, it does require each person to sub-mit a personal statement on their applica-

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tion form. Two types stand out inBaldwin's mind. The unusual and thepoorly written statements. "Personalstatements that are ungrammatical andhave serious spelling or proofreadingmistakes can hurt a candidate," he said."I suppose the mistake that amuses methe most is the letter that concludes, '...and therefore I hope very much that TheUniversity of Chicago will accept me forLaw School.' We get a lot of those," Bald-win added.

For applicants who think that havinga parent who graduated from of the LawSchool guarantees their admission, thinkagain. Although it does carry someweight, it is only one of many factorsconsidered. "There is no question that itis a relevant factor. We always consider ifthe applicant has a Wisconsin connec-tion. It makes you look twice or threetimes before turning someone down, butagain it's one of the non-quantifiableaspects."

Having connections to the Law Schoolis particularly important for out-of-stateapplicants. "Most of the non-residentsare applying to 5-6 other law schools. It'suseful to have something in a file indicat-

ing a serious interest in Wisconsin," Bald-win admitted.

Even alumni who contribute heavilyto the Law School may find that theirchildren are not accepted. "When I lookat an application, I am blind. SometimesI don't know if the applicant is male orfemale. Besides, I don't know who con-tributes a lot of money. That informationis not available to me. You can't buy yourway in," Baldwin commented.

Another trend is the number of minor-ity and women that are applying andbeing admitted. This is largely a result ofthe Legal Education Opportunities pro-gram that gives special admission consid-eration to those applicants who comefrom traditionally disadvantaged back-grounds. These applications are pro-cessed first by the Legal EducationOpportunities Committee and then bythe Admissions Committee.

The number of L.E.O. applicants hasgrown from 24 in 1968 to 189 in 1990.The number of students accepted hasalso grown from 20 in 1969 to 60 thisyear. In the fall of 1990, 46 percent of theaccepted applicants enrolled. Femaleenrollment is also on the rise. The num-

ber of women at the law school hasgrown from 22 in 1969 to 137 this year."The next class will be about 50 percentmen and 50 percent women," saidBaldwin.

Baldwin acknowledges that thealthough the admission procedure is effi-cient, it isn't perfect. "We need morestaff members," he said. "We are pro-cessing twice as many applicants as therewere three years ago. But we do haveMary Duckwitz and Marilyn Johnson,and they are as competent as any staff inthe country."

Baldwin has simple advice for peoplewho want to secure admission to the LawSchool. "Get good grades in college anddo well on your tests. This is a hardschool to get into. We disappoint morepeople than we please," Baldwin com-mented.

Don't despair. It's not impossible toget into law school in this competitiveday and age. "If you have the money, youcan go somewhere. Some Law Schoolwill take you, but not a school as good oras selective as Wisconsin." Baldwin said.

Law School Admissionsin PerspectiveProf Walter B. Raushenbush

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I was a Harvard College senior when Iapplied for admission to the autumn 1950entering class at the University of Wis-consin Law School. I figured my collegegrades were good enough for admission,and I was glad that Wisconsin did notrequire the threatening, very new LawSchool Admission Test (LSAT)which hadrecently become a prerequisite for appli-cation to Harvard and quite a few otherleading law schools. Little did I knowWisconsin then required only that theapplicant be breathing and have passedthree years of college-and that eitherrequirement might be waived!

In 1958,when I had the good fortuneto join the Wisconsin Law Faculty, notmuch had changed. We still didn'trequire the LSAT,despite its increasingacceptance in legal education. Our statedrequirements were a 2.5 undergraduategrade point average [GPA)if the applicanthad a college degree, 2.75 if only threeyears of college. We waived thoserequirements fairly often, but only aftercounselling the applicant about potentialtroubles ahead. And indeed, as manyalumni remember, in those days roughlya third of those who began law schooldid not graduate-most due to academicfailure.

In 1959,the Law School began torequire the LSATof all applicants. How-ever, we did not then build the LSATintoour admission standards, which re-mained unchanged until the fall of 1964,when 300 new law students pouredthrough our "open door." Such a crowdwas unexpected, was really more thanwe could handle, and forced a new lookat our admissions policies. By that time,too, several years of experience told usthat the LSATwas predictive enough offirst-year academic performance by ourstudents that we needed to take LSATscores into account.

A faculty committee on which Iserved developed a flexible admissionspolicy of admitting the best qualified tothe extent our capacity allowed-consid-ering undergraduate GPA,LSAT,andother factors. This policy, changed in rel-atively few respects, has continued to

serve us well. Its current operation isdescribed in an accompanying article.

The most noteworthy adjustments tothe admissions policy adopted in 1964have been: (1)Addition in the late 1960'sof affirmative action recruitment andadmission of minority applicants; (2)atthe height of the 1970's application explo-sion (see below), limitation of non-resi-dents to approximately 20% of the enter-ing class; (3)in the 1970's, developmentof a carefully articulated group of factorsin addition to LSATand GPAwhich theAdmissions Committee will consider andwhich are set forth in the Law SchoolBulletin; and (4)in the modest slump inapplications in the mid-1980's, raising thenon-resident limit to approximately 30%of the entering class.

Another decision with policy implica-tions was dictated by events. Just as theunexpected 300 first-years descended onus in 1964,we were involved in the larg-est construction project in the LawSchool's modern history. The old red-sandstone-veneer Law building wasdemolished, and the existing classroom-office complex was constructed to jointhe already existing two wings of thelibrary. The new construction was basedon the assumption, seemingly valid whenthe planning was done, that the futureWisconsin Law School would have 650to 700 students. As most alumni know,since 1964our building has never (exceptfor summer schooll] held so few.

Admissions policy is obviously impli-cated. Theoretically, the school couldhave cut back sharply on admissions toproduce the size of student body forwhich the building was designed. We didnot. By the early 1970's, our law studentbody size became relatively stable atapproximately 900 students, roughly athird larger than optimum in terms ofphysical capacity. Nine hundred studentswas, and continues, far beyond optimumin terms of faculty size and various otherresources. Plans for an architecturallyingenious major remodeling and expan-sion give us hope, but are not my sub-ject here.

What is relevant is the way in which

Prof. Walter B. Raushenbush

demand for legal education, by a largernumber of highly qualified applicantsthan we could possibly enroll, has led theschool over the past quarter-century tostretch mightily to seat far more law stu-dents than would have been ideal. Myrough estimate is that we have enrolledan average of 65 more students a yearthan our physical and other resourcesreasonably suggested. The total is approx-imately 1600men and (increasingly Iwomen, approximately 1200 of them Wis-consin residents who were afforded anopportunity at this law school because ofour stretch. Our action helped make via-ble and meaningful. too, our affirmativeaction admissions policy for minorityapplicants. Alumni may differ overwhether this continuing decision tostretch capacity was wise. Combinedwith the post-World War II inadequacyof the old red building, it has meant thatfew alumni alive today remember theirlaw school as anything but overcrowded.For my part, I hate seeing an eager andhighly qualified applicant turned away.I'm proud, for the faculty and the staffand myself, that we have done our bestto provide opportunity to as many as wecould during a time when so many of the

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Admission office staff: Marilyn Johnson (1.1and Mary Duckwitz [r.]

best and brightest have wanted to jointhe legal profession, and to train for it atWisconsin.

That time of high demand seems notyet over. A review of recent fluctuationsand trends, both at Wisconsin andnationwide, may be of interest. The lastyear when Wisconsin Law School offeredadmission to all applicants the Admis-sions Committee judged fully qualifiedwas 1968. That was the year when gradu-ate and professional study stopped beingshelter against the Vietnam War draft, soapplicant demand was significantly (butonly temporarily) reduced. For 1969 and

1970, applicant numbers increased. Thenin the 1970-71 admission year, law schoolapplications across the country explodedupward. It proved to be no one-year phe-nomenon; application volume increasedmoderately for several additional years,and proved to be on a new and higherplane.

No one was sure why. The number ofwomen applying to law school wasincreasing significantly, but gradually.Population figures in the relevant agegroups were increasing somewhat. Thenumber of older applicants who hadgraduated from college several years or

even decades earlier was clearly increas-ing. Members of minority groups,encouraged by the law schools, wereapplying in larger numbers. Taken alltogether, the various hypothesesexplained barely half of the increases.And attention turned to how long itwould last. Should law schools expand?Many did. Should new law schools beestablished? Quite a few, opportunisti-cally it seemed, hurried to open. For sev-eral years, figures gathered by the ABAshowed that no ABA-approved law schoolreported having any empty seats in itsentering class. The University of Wiscon-sin seriously weighed establishing a sec-ond state law school in Milwaukee, butdecided against it.

In the latter 1970's, applicant volumeremained high, but stopped climbing. Acareful study by the national Law SchoolAdmission Council indicated that volumewould start tending downward by themid-1980's, then flatten out, then startincreasing again by the early 1990's. Theprojections were cautiously offered, werebased on the best available demographicinformation, and were largely wrong. Atmany law schools, applications tendeddown immediately. Some schools cutentering class sizes; a few began toreduce faculty size.

At Wisconsin, applications peaked at1926 in 1982. By 1986, the number hadsteadily dropped to 1385, a 28 per centloss in four years. But since then, in Wis-consin or nationally, has there been thepredicted lower plateau as we await theearly 1990's increase? Hardly.

Nationally, the number of individualswho applied to at least one ABA-approved law school has increased stead-ily and dramatically. So has the numberif applicants to Wisconsin. The figures:

AdmissionsYear National Wisconsin

1986-87 65,100 1,4481987-88 74,900 1,9381988-89 82,700 2,4821989-90 88,000 2,675

Preliminary 1990-91 figures suggest thatanother increase of similar proportion isquite possible, though not certain.

What explains these dramaticincreases, which basic demographicinformation did not suggest? No one issure. The proportion of women in thenational applicant population seems tohave stopped increasing, leveling off atapproximately 43 per cent; we do notknow why it stopped short of the propor-tion of women in the population. At Wis-consin, from 1988-89 to 1989-90, thenumber of women applying droppedfrom 936 to 711. But those who applied

were apparently better; 306 wereaccepted and 137registered, compared to243 and 126 in 1988-89.

Are increasing numbers of peopleapplying well after they graduate fromcollege?Apparently so; the largest per-centage increase in national applicantsfrom 1988-89 to 1989-90 came in the 26to 30 age group. Also, from 1988-89 to1989-90 the increase in applications frommembers of minority groups significantlyexceeded the overall national percentageof increase. But these phenomena arelimited partial explanations. It has beenseriously suggested that a significant fac-tor is the "attractive" image of the profes-sion portrayed by television's "L.A. Law:'which may be as good an explanation asany. It is also true that more and more oftoday's middle-aged parents of youngpeople in their early twenties have hadsubstantial higher education. Such edu-cated parents are arguably more likely toencourage and support their children inprofessional and graduate education.

What lies ahead? We wish we knew. Itis beginning to appear that the largenumbers of recent law graduates, com-bined with the economic downturn, ismaking it harder for Wisconsin law grad-uates to find law jobs. When this phe-nomenon becomes widely known, itseems likely that application volume willease. But we are approaching the yearswhen it has been said that populationfactors will increase the supply of poten-tial applicants. At Wisconsin, it is at leastclear that the number and quality of ourapplicants are so high that a significantdownturn in volume will not muchreduce the quality of our graduatingclasses, nor even remove the need forhighly selective admissions policy andpractice.

What remains is to reflect briefly overthe impact of the past quarter-century ofselective admissions at Wisconsin-aftera century of open opportunity for legaleducation. I close by suggesting, from astrictly personal viewpoint, a few pointsworth pondering:

(1)Has the ability to select among thebest and brightest been good for the legalprofession? In our younger ranks, we arenow unquestionably a more intellectuallyelite profession than we were a quarter-century ago. But does Podunk need, can

It has been seriously suggested thata significant factor is the II attrac-tive" image of the professionportrayed by television's IIL.A.Law:I which may be as good anexplanation as any.

it attract, can it keep, an intellectuallyelite general practitioner? Have we pro-duced a partial mismatch between ourgraduates and the work that awaitsthem-a mismatch which may partiallyaccount for the observable vocationalrestlessness and discontentment amongmany lawyers?

(2)A related issue is the arguable lossof rigor in faculty expectations and grad-ing of law students. When our admis-sions door was relatively open, manyindividuals enrolled who proved unable(or, in fewer cases, unwilling) to do satis-factory academic work in law school.The faculty knew that we were enrollingmany students who were significant aca-demic risks; we accepted the unpleasantduty of identifying unsatisfactory work,and flunking students out. As we becamemore selective in admitting students, wewere reading fewer failing exam answers.Past failure percentages, with nearly athird flunking out, were no longer appro-priate. In less than a decade we reacheda failure percentage of less than five percent. We moved on to a point where it isnow almost fair to say that we regard anyunsatisfactory student academic perform-ance as more our failure than the stu-dent's. In 1961,most of the lower half ofthe graduating class had worked hard tosurvive where many classmates hadfailed, were pleased and proud to becomelawyers, and were glad to turn theirhands to what law work they could find.In 1991,fewer of the graduating class willfit that description; more will be brightpeople who did enough to get by nicely,are perhaps less committed to the law,and thus may be less satisfied with thelaw work they find to do.

(3)In the earliest years of the applica-

9

tion boom, as we became more selective,we had the same few minority applicantsas before. Most had low college gradesand low test scores-products of educa-tional disadvantage if not discrimination.Before 1965, our non-discriminatoryopen-door admissions practices hadresulted in acceptance of most suchapplicants. Some failed, as was to beexpected, but some proved stronger thantheir "numbers," worked hard, survived,and graduated. There are impressive suc-cess stories among them. When webecame more selective from 1965on, itquickly became clear that we werescreening out almost all of our fewminority applicants. That phenomenonhelped us see the need for affirmativeaction efforts in recruiting and admittinglaw students who were members ofminority groups. That's a large topic, foranother article. It is gratifying that ourlaw student body today has at least tentimes the number of minority studentsenrolled in 1967-68. As to minority appli-cants, too, we have become selective. 189applied for 1990admission; 60 wereaccepted; 28 enrolled. All who wereaccepted, and indeed some who werenot, were fully qualified on the basis ofnumerical credentials. Affirmative actionpolicies operated only as to choices madeby the Admissions Committee amongfully qualified applicants.

(4)In some ways, the increase in num-bers of women applying and enrollingover the past quarter-century has been asdramatic as increases in minority enroll-ment. Women do not account for morethan their share of the late 1980'supsurge in law school applicant numbers.Nor did women account for more than amodest fraction of the sharp upsurge ofthe early 1970's. But during the ratherstable latter 1970's and the downturn ofthe early 1980's, the percentage and num-ber of female applicants kept increasing.They prevented what might well other-wise have been a severe slump indemand for legal education. More impor-tant, they have given the professionaccess to all rather than half of ournational talent pool, and have made theessentially all-male legal profession of1965a fading memory. That is an opti-mistic note on which to end this personalperspective on law school admissions.

10

JJA Birthday Celebration"Commemorating Martin Luther King, Jr.Professor James E. Jones, Jr.University of Wisconsin Law School

I had been trying for over a month tothink of a nontechnical theme for thistalk without too much success until Iasked myself this question:

Now that we have a Martin LutherKing national holiday what should wedo with it?

Holidays ought to be more than theyhave become in this country. FromChristmas to Easter to President's Day,Labor Day, Thanksgiving and more, theyhave become a day off from work for abuying binge or a selling binge-purecommercialization.

In our relentless pursuit of "feelinggood" and "having fun" we risk forget-ting what we are about as a nation-as apeople. Neither the American Revolu-tion, the Civil War nor the other sacri-fices we have made as a nation wereabout the "pursuit of happiness" as it ismanifested today in our greedy preoccu-pation with "me ism."

Let us dedicate ourselves on MartinLuther King Day 1990 to insuring thatthis birthday does not become yetanother exercise in trivial pursuits.

It seems to me we can do three thingsto insure that this holiday retains its truemeaning:

1) We can remember not only Dr. Kingand his great dream but the civil rightsstruggle of which he was truly the "drummajor." Lest this nation forgets its dimdark past of racism, we must revisit thescenes of that past and experience thatnational shame.

2) We should, each year, review theprogress-or lack thereof-made over thepast year in pursuit of Dr. King's dream.The dream was a dream for this nationthat we should .live down our sordid pastof racism and repression and realize thegoal of liberty and justice for all in a landunmarred by homelessness, drugs, dis-ease, poverty and despair. Each year weshould ask "How stands the nation now?Is it a better place than last year at thistime?"

3) The third thing we can do is to setimmediate goals for the following year.Not unlike New Year's resolutions-but I

hope not to meet the same fate, namelyforgotten the week after they are made-we should set ourselves goals which weintend to examine at the end of the year.Of course we could set out large idealisticobjectives to pursue, but it strikes meendorsing such global objectives like"peace in the world" or "eliminatingpoverty:' while it makes us feel good forthe moment, are unrealistic of immediateachievement. Moreover, as they are long-range (how long we never seem toaddress) they enable us to escape anyaccountability. Why not adopt someimmediate tasks in each community forthe following year.

Almost all activities have some sort ofperiodic measurement, even the stockmarket people have a year-end review.How did we do last year compared to thisyear? I am suggesting that it would be auseful exercise for minority communitiesaround the country to adopt some imme-diate goals for their community and eachyear to examine the progress made inachieving them.

I speculate that Dr. King would beextremely unhappy if all this nation dideach year around the 15th of January wasto listen to the videotapes of the dreamspeech and to view yet again snatches of"Eyes on the Prize" and other such enter-tainment. He was, after all, a man ofaction not just of words. I am sure hewould approve Andy Young's move intopolitics and his future bid to run for thegovernorship of the state of Georgia.

I am sure he would celebrate with usJesse jackson's run for the presidencyand the recent victories of David Dinkinsas mayor of New York and DouglasWilder as the governor of the state of Vir-ginia. I suspect the Wilder election wouldbe particularly sweet as who would havethought the first black governor sincereconstruction, and the first ever electedblack governor, would be of the state ofVirginia the capitol of the Confederacy?

I am also sure Dr. King would findpleasing the success, although all toogradual, in the increase of black electedofficials in state and local government.

Prof. James E. Jones, Jr.

He would, no doubt, celebrate with usthe emergence of the political successesof other people of color, of feminists, andof the increased acceptance of individualdifferences in the political arena.

However I am just as sure that hewould be more disturbed than pleased atthe state of the nation as we enter intothe 1990's. The re-emergence of virulentracism, coupled with terrorist tactics likeletter bombs, is all too reminiscent of the50's and the 60's to give us comfort. Theemergence of covert racism under a col-orblind coverup is perhaps the greatestcurrent danger. Under the leadership ofthe Reagan Department of Justice, col-orblind equality-race neutral policies-became the new theology of the right.The adoption of this jurisprudencethreatens to destroy the only effectivecivil rights theories yet to emerge-namely, affirmative action. As the oppres-sive regimes of Europe come tumblingdown, as the Cold War blossoms intopeace and cooperation, as we enter thedecade of the 90's, we as a nation seem

totally ambivalent about our fu.ture direc-tion. As we face a future in which moreand more of our population will be non-white, and more and more will be femaleand elderly, we seem less and less con-cerned about programs that insure thatall of our people, rich or poor, white ornonwhite participate equitably in thelargess of this nation. We seem more andmore enamored with the notion that thefree market will fairly address ournational needs and reward the deserving.In short, we seem securely anchored (ormore appropriately mired) in the ideol-ogy of the past, despite ~n~ications thatthat ideology is a prescription for futuredisaster.

The recent appeal to colorblind juris-prudence is a not so covert appeal to rac-ism packaged in a race neutral facade.How we could ever expect to deal withthe legacy of slavery and continued rac-ism by strict adherence to race neutralprinciples escapes me. Justice SandraDay O'Connor of the United States. .Supreme Court, who wrote the majorityopinion in City of Richmond v. Croson,seems justifiably sensitive to Th~rg~odMarshall's criticism of the majority sview. Marshall had the following to say:

"A profound difference separates gov-ernmental actions that themselves areracist, and governmental actions that .seek to remedy the effects of prior raCl.smor to prevent neutral governmental activ-ity from perpetuating the effects of suchracism .... Racial classifications drawnon the presumption that one race is infe-rior to another or because they put theweight of the government behind raci~lhatred and separatism warrant the stric-test judicial scrutiny because of the veryirrelevance of these rationales .... Bycontrast, racial classifications drawn forthe purpose of remedying the effects ofdiscrimination that itself was race-basedhave a highly pertinent basis: the tragicand indelible fact that discriminationagainst blacks and other racial min?ri~iesin this nation has pervaded our nation shistory and continues to scar .our soci.e~y.... In concluding that remedial classifi-cations warrant no different standards ofreview under the Constitution than themost brutal and repugnant forms of state-sponsored racism, a majority of. this.Court signals that it regards racial dis-crimination as largely a phenomenon ofthe past, and that government bodiesneed no longer preoccupy themselveswith rectifying racial injustice." (109 S.Ct. at 752.1

Justice O'Connor, and her colleagueswho constitute a majority of the courtnow seem to have forgotten the truismthat 'the grossest form of inequality is to

We cannot, however, content our-selves with complaints about theunfairness of the court's ruling norshould we wring our hands indespair. We must be about doi~gwhat we can wherever we are IIIour effort to help this nation IIOneDay Soon'I realize Dr. MartinLuther King's dream.

treat people who are differently situatedas if they were equals. They seem to haveforgotten a fundamental teaching fromthe very first substantive case to reachthe Supreme Court under Title VII,Griggs v. Duke Power, in which the con-servative Chief Justice Burger wrote that"Congress has now provided that t.ests orcriteria for employment or promotionmay not provide equality of opportunitymerely in the sense of the fabled offer ofmilk to the stork and the fox. On the con-trary Congress has now requ~red that theposture and condition of the Job s~ekerbe taken into account. It has providedthat the vessel in which the milk is prof-fered be one all seekers can use." (Griggsv. Duke Power Co., 401 U.S. 424.1

It is worth repeating the Aesop fablefrom which the reference in the courtcase came: "A fox one day invited a storkto dinner, and being disposed to diverthimself at the expense of his guests, pro-vided nothing for the entertai~ment ~)Utsome thin soup in a shallow dish. ThISthe fox lapped up very readily whi~e thestork, unable to gain a mouthful WIth herlong narrow bill, was as h~ng~y at theend of dinner as at the beginning. The foxmeanwhile professed his regret at seei~ghis guest eat so sparingly. The stork saidlittle but begged that the fox would doher the honor of returning her visit.Accordingly he agreed to di~e with heron the following day. He arnved true tohis appointment and the dinner wasordered forthwith. But when it wasserved up he found to his dismay that itwas contained in a long narrow-neckedvessel down which the stork readilythrust'her long neck and bill, while thefox was obliged to content himself withlicking the neck of the jar."

The Supreme Court's latest insistencethat minority set-aside programs mustmeet the strict scrutiny test just as pro-grams based on race classification

11

designed to hurt or restrict minority par-ticipation were examined over the .last 50years is an insistence on the equality ofthe fox and the stork.

We cannot, however, content our- .selves with complaints about the unfair-ness of the court's ruling nor should wewring our hands in despair. We must beabout doing what we can wherever weare in our effort to help this nation "OneDay Soon" realize Dr. Martin LutherKing's dream.

First, in Madison we can become andremain politically active. Such progre.ssas was made in the last decade came IIIthe political successes of black, brownand females in federal, state and localelections. Our long-range hope lies inelecting enlightened government wh~c~unlike our most recent national adrninis-tration will be persuaded by facts andguided by humane concerns for thosewho are not rich. We should support can-didates at the local level who share ourconcerns.

Second, we must start to police (moni-tor) events at the local level. Take jobs forexample. It was recently announced thatWisconsin Physician Services (WPS) gota multimillion dollar contract with thefederal government to provide healthcare in this region for military personnel.Unless the feds have changed the rulessince I was conversant with them, affirm-ative action is required and a pre-awardreview of such contracts should haveoccurred. WPS reputedly will have 500new jobs and a chance at four more yearsof government contract. A coalition inWisconsin of the Urban League, theNAACP and any other associations-minority or non-minority-sho~ld esta?-.lish a cooperative effort to mom tor activi-ties such as this upcoming contract. Iheard this over a public radio newsbroadcast early one morning. If they'vegot the information you should be ableto get it.

Recently, our sports news has beendominated by the Changing of the Guardat the UW Athletic Department. A newAthletic Director and a new Coach isheralded as initiating a new era.

The minority community, and friends,should inquire as to the intentions, nobetter yet, actions taken t~ in~ureincreased sensitivity to minority con-cerns in athletes.

At one time the UW had the mostintegrated athletic staff in the Big Ten.No longer is that the case-and I hav.eseen no reference to racist concerns IIIthis new initiative.

The University community has never,in my 20 years around here, given affirm-

12

ative action in athletics a high priority-except in lip services. A Madison com-munity initiative to monitor progress orlack thereof would seem a fitting objec-tive for the 1990's.

There are other issues which could beaddressed: What is the status of civilrights enforcement in Madison? Is thestaffing of the Equal Opportunity Com-mission adequate? What's the case load?How good is the system in insuring fair-ness? I understand that untrained lawstudents frequently are the only repre-sentation that plaintiffs who appearbefore the Commission have. Should webe pushing to change the system suchthat an appointed official, a trained law-yer, represents the plaintiffs before thoseorganizations?

How is the state equal rights divisionfairing? Has it become too political? Howis its staffing? What about the representa-tion of plaintiffs before the hearing offi-cers in that agency? We have publicdefenders for criminal matters, shouldn'twe have a public lawyer for civil rights?

What about minority hiring in stategovernment? How is affirmative actionfaring here at home?

What about the minority set-asideprograms both affecting the city, state,county and other? What about a statusreport and declarations of intent fromour elected officials? We would thenknow what to do with our votes and ourmoney and other support efforts. Whereofficials do not take the right position onmatters of interest to the Madison Minor-ity Coalition we could act accordingly.

Finally, on the private front, why don'twe check out the employment profile ofevery entity in Madison with 100or moreemployees. Or maybe you would want tostart with a larger number, take the larg-est ones first, identify those who employno minorities and pay them a visit. If noprogress is made by a time certain put upa publicity picket line and advise thepublic about the record of the employer.

I don't mean to exempt governmentemployment from these publicity, free

Finally, today more than everbefore Martin Luther King's voiceand his leadership are missed inthe world at large and particularlyin this country. We seem to suffera collective crisis of conscience, oflost virtues, which threaten toengulf us in selfish pursuit of moreand more materials-a pursuit ofgreed as we ignore the needs ofothers.

speech exercises, including the Univer-sity of Wisconsin. Maybe you shouldidentify those departments that have noblacks, females or other targeted groupsand give them a day of attention fromsuch a coalition.

Next year this time when you askyourselves, how stands the nation now;or rather what progress if any hasoccurred in my community, we couldbegin to answer that question. We triedlast year such and such and achieved thefollowing blank, blank, blank.

We failed on these and therefore nextyear's goals are blank, blank, blank.

Talk about a thousand points of light.I bet if every Urban League chapter andNAACPchapter, LULAC,Puerto RicanAssociation, etc., I bet if those coalitionsacross the country adopted similar tac-tics, we could see considerable change inthe right direction by the year 2000. Wemight just have a female president bythen, a nonwhite one.

How are these extraordinary thingslikely to come about and who is going toachieve them in the Madison commu-nity? Well you can be the Madison Coali-tion for a Diverse Society (MCFADS).

To establish such a diversifiedendeavor, however, the first thing youwould have to do would be to learn a fewbasics:

1. Youbecome a leader by providingleadership and leadership is by example.

2. Youmust learn to disagree witheach other without destroying each other.There is no requirement for uniformityof view on all issues in order for peopleor organizations to cooperate on those inwhich they are in agreement. However,before you can persuade others to agreewith your position, you must be able toagree on priorities amongst yourselves.

3. Destruction often comes with abang but creation is an incrementalprocess.

Finally, today more than ever beforeMartin Luther King's voice and his lead-ership are missed in the world at largeand particularly in this country. We seemto suffer a collective crisis of conscience,of lost virtues, which threaten to engulfus in selfish pursuit of more and morematerials-a pursuit of greed as weignore the needs of others. In the pasttwo decades America has done so littlewith so much to achieve a "kinder andgentler nation." What we seem to haveelevated to a fine art is one-liners and slo-gans that masquerade as programs. Weseem to have "the sound bite" system notonly of campaigning for public office butof governing. We must return to the eraof institution building and coalitionbuilding. It seems to me a good place tostart is right here at home. I hope nextyear this time someone will remember tosay: "Hey neighbor, how stands thenation now?" What progress have wemade in Madison, Wisconsin since Mar-tin Luther King Day 1990?What shouldbe our priority targets for the year 1991?Who knows, if we set ourselves discreettasks and evaluate our progress on a year-by-year basis we may surprise ourselvesat what we can accomplish. In this way,we won't be waiting for the dream toappear, we will be working to make itcome true.

Lawyers as Librarians:Combining CareersS. Blair Kauffman, Law Librarian and Professor of Lawand Cheryl A. O'Connor, Outreach Librarian

13

Not all law school graduates follow tradi-tional career paths. One interesting alter-native combines two professions-lawand information science-and buildsupon the public service tradition encour-aged at the UW Law School. For attor-neys who truly enjoy the challenge ofresearch and the scholarly aspects ofteaching and writing, law librarianshipprovides a stimulating career option.

Many Wisconsin Law School alumniwill recall Professor Emeritus MauriceLeon, who is a UW Law School graduateand served as Director of the LawLibrary from 1969 to 1982. Over the yearsthe UW Law School has produced a num-ber of distinguished members of the lawlibrary profession. The following profilesbriefly encapsulate the careers of severalUW Law School graduates who are mak-ing substantial contributions to the fieldof law librarianship and legal research.

Eileen H. Searls, J.D. 1950, M.A.Library Science 1951, is Law Librarianand Professor of Law at St. Louis Univer-sity. Eileen knew she wanted to be a law-yer in second grade but after working ina library during her junior year of highschool, she discovered librarianship wasalso intriguing. Inspired by ProfessorMiles O. Price, Professor of Law andLibrarian at Columbia University, Eileendecided to pursue a dual career. The UWLaw Library was the first employer tobenefit from Eileen's talents; she washired by Verna Baertschy, former LawLibrary Director, to organize the govern-ment documents collection. Eileen even-tually found her niche at St. Louis Uni-versity and has served as the LawLibrarian there since 1952. Of her workEileen says, "How many things lawlibrarians have to know just to serve thepublic. Computers have not made thingseasier ... only more to know so you canbe efficient." That need to be "efficient"prompted Eileen to establish cooperativelibrary ventures, such as the Mid-America Consortium of Law SchoolLibraries, which is recognized nationallyfor its innovative cooperative venturesusing cutting-edge technologies to share

legal information. Eileen is also lookedupon as a mentor by law librarians acrossthe country.

Roy Mersky, J.D. 1952, M.A. LibraryScience 1953, has been a member of theUniversity of Texas at Austin School ofLaw faculty and the director of its lawlibrary since 1965. He is the co-author ofFundamentals of Legal Research, the clas-sic book used to teach legal bibliography,and he has written numerous otherbooks and articles in the areas of law,legal history and library science. He con-tinues to teach legal research and writing'and is recognized internationally as anexpert on matters pertaining to lawlibrary administration and design. "Grad-uates" of Roy's informal program in lawlibrarianship at the University of Texashave gone on to be directors at some ofthe nation's leading academic law librar-ies, including those at Harvard and Stan-ford. He recently assisted the Universityof Wisconsin Law School in planning theeffective use of law library space.

Jacquelyn Jurkins, J.D. 1952, M.A.Library Science 1960, is Director andLaw Librarian at Multnomah CountyLaw Library in Portland, Oregon. She hasheld this position since 1964. While stillin law school, Jackie learned the joys oflegal research instruction by teachingjunior classmate Roy Mersky the tech-niques of Shepardizing, but her career inlibrarianship did not come until a fewyears later. Upon graduating from lawschool, Jackie practiced at a firm spe-cializing in domestic relations, until shefinally realized this was not her forte.Having enjoyed research work with Pro-fessor Page during her law school daysland perhaps remembering the joys ofinstructing Roy), Jackie enrolled in thelaw librarians hip program at the Univer-sity of Washington, and then worked as alaw librarian in both the academic andpublic sectors. Her current job affordsthe opportunity for lots of research, andshe claims to have "the best of bothworlds" working as a lawyer for attor-neys and judges. Jackie's contribution tolaw librarianship was recognized by her

Richard Danner

Betty Karweick

14

Roy Mersky

Charles Wolfe

colleagues in 1984 when she was electedpresident of the American Association ofLaw Libraries.

Charles Wolfe, J.D. 1972, M.A. LibraryScience 1973, worked part-time at theUW Library School during his secondyear of law school. His involvement witha project on adult new readers convincedhim to obtain dual degrees. Since 1975Charles has been employed at the Michi-gan State Law Library, where he nowserves as the Director. Over the years,however, his position evolved from beinga "traditional" law library director tobecoming a specialist in library law. Inaddition to managing the law library,Charles addresses the legal questionsfrom the staff and trustees of publiclibraries. Librarians' legal dilemmasrange from intellectual freedom issues to"latch-key" children. Charles also moni-tors library legislation in Michigan andconducts workshops on issues relating tolibrary law.

Richard A. Danner, J.D. 1979, M.A.Library Science 1975, started his profes-sional career as the environmental lawlibrarian at the UW Law Library. Upongraduating from law school he went toDuke University School of Law and nowserves as Director of the Library and Pro-fessor of Legal Research. With an exten-sive list of publications on his resume,Dick is remembered in Wisconsin as theauthor of Legal Research in Wisconsin.This book, published in 1980, is notablebecause it was the first manual of its kindfor the state. Dick also serves as editorfor the Law Library Journal and recentlycompleted his term as the president ofthe American Association of LawLibraries.

Paul Birch, J.D. 1982, M.A. LibraryScience 1982, is the Associate Directorfor Public Services at the University ofRichmond Law Library. From 1976 to1979 Paul was a UW Law Library staffmember, responsible for procuringresearch material for the faculty. Theenjoyable contact Paul had with the lawschool faculty and staff motivated him topursue both law and library degrees. Paulstates that law librarianship is "a good

career choice" for service oriented pro-fessionals, plus a way to avoid some ofthe "headaches" of legal practice [i.e.billing and courting clients).

Betty Karweick (formerly known asBetty Hertel), J.D. 1985, M.L.S. 1976,began her career as a librarian at the Mil-waukee law firm of Michael, Best & Frie-drich. After six years at the firm, Bettyfelt she "needed to know more about thelaw to be a better reference source" soshe entered law school. Betty then prac-ticed law for three years, specializing inreal estate and municipal finance butfound private practice somewhat isolat-ing. Law librarians hip lured her againand after spending two years as a Refer-ence Librarian at Duke University Schoolof Law, Betty now works at the WilliamMitchell College of Law in St. Paul, Min-nesota, concentrating on their innovativelegal research program. Why is the com-bination of lawyer and librarian satisfy-ing to her? "... teaching is terrific and itprovides the contact with people that Ienjoy."

Other recent UW graduates who arepursuing careers in law librarianshipinclude: David Rudman, J.D. 1986, M.A.Library Science, 1977, Reference Librar-ian at Gallagher Law Library, Universityof Washington-Seattle; and Gail Fruch-tman, J.D. 1987, M.A. Library Science1988, Public Services Librarian at CornellUniversity Law Library.

As the Law School's important role inthe field of law librarianship has becomemore evident the ties between the LawSchool and the School of Library andInformation Studies (SLIS) have beenstrengthened. SLIS now offers a series ofspecialized courses in law librarianship,taught by Law Library Director, Profes-sor Blair Kauffman, and library sciencestudents interested in careers as lawlibrarians are offered work opportunitiesin the UW Law Library. Law Librarian-ship should continue to be an excitingcareer option into the next century, andthe UW Law School is prepared to con-tinue providing the profession withleaders.

Featured Alumni:Lloyd A. Barbee ('55)Timothy R. Verhoff

15

As a young boy, Lloyd Barbee was usedto having doors slammed in his face. "Wedon't serve your kind," and "come backthrough the back door" were words thathe heard too often. And one night, Bar-bee decided to take a stand.

He and his cousin had gone to a dinerto get a bite to eat. But the white ownerrefused to serve them until they left thediner and came back through the backdoor where the kitchen help came in.They ordered two bowls of chile, but Bar-bee refused to pay. In the face of suchdiscrimination, he had to get involved."They were going to arrest us for causingtrouble," Barbee recalled.

So they got the District Attorney tobring a case against the diner for discrim-ination. "I was so concerned about itbecause the judge who was going to hearthe case visited my cousin and indicatedthat he really didn't want to hear it. Hesuggested that we drop the matter if theguy apologized to us. That was instantmotivation for me to be more vigilantabout what was happening in Wisconsin.It was like Memphis all over again."

But Barbee wouldn't be intimidated.He pushed for a trial, and in the end, thejudge found that there had been discrimi-nation. It was the sting of discriminationlike this that forced Lloyd A. Barbee tobecome involved in politics.

After serving with the United StatesNavy from 1943-1946, Barbee decided toenroll in Le Moyne College. He gradu-ated in 1949 with a degree in Social Sci-ence and decided to attend Law School."My father wanted me to become a phy-sician, so I was really surprised that Iended up having an interest in law. Ididn't know any lawyers in Memphis,except one whose house my father usedto paint. I remember he had a lot ofbooks. I think it was the largest privatelibrary that I ever saw as a kid. Thatmade an impression on me."

Following graduation, Barbee workedas an apprentice for the Madison lawfirm of Riley, Riley & Pierce from 1955-1957. But he left his job to join the Indus-trial Commission, currently DILHR. Hestayed there for five years, serving as a

law examiner for the disputed unemploy-ment compensation cases.

While working for the Industrial Com-mission, Barbee served on the Governor'sCommission on Civil Rights. "In 1959 Iwent on leave from the Industrial Com-mission to work for the Governor's Com-mission. I worked as a legal consultant. Itwas one of the most interesting jobs thatI ever had in government. I conductedthe investigation of discrimination inpublic accommodations and resorts,mostly in Northern Wisconsin and a fewin Lake Geneva."

In 1962 Barbee stopped working forthe Industrial Commission. He moved toMilwaukee where he set up a privatepractice. His three children joined himin 1966.

Barbee, who had been active in theCivil Rights cause since he joined theNAACP at the age of nine, decided to runfor election to the Wisconsin Assembly."It was a difficult decision to make. I feltthat because of my own self-image, I wasbetter at working as a member of CivilRights pressure groups or as an activist.Some of my friends were urging me torun, others were not. At the time I wasinvolved in a big battle with the schoolboard, trying to convince them voluntar-ily do some things that would lead toracial integration of the schools. I hadto bring a federal law suit to get theboard to desegregate the school system,"he said.

"My friends that didn't want me torun were afraid that I would end up likemost of the black leadership in Milwau-kee which weakened under public scru-tiny. They didn't really finish tasks thatthey had undertaken. By that time, how-ever, I was divorced, and I had littleinterest in the Milwaukee social life.I thought it would be easy for me tobecome a politician. Besides, Isaac Coggspersuaded me that I could be more effec-tive as a politician with a public man-date," Barbee recalled.

"My interest in politics came becauseI saw some things that needed to bechanged in our country. Our governmentwas so racist, especially growing up in a

Lloyd A. Barbee

place like Memphis. I was willing to dothe work that needed to be done for thevarious aspects of the Civil Rights causeand in the government. I didn't want tobe one of those fly-by-night people thatso often get involved in reform. I alsodidn't want to be one of those peoplewho think that they have accomplishedsomething instantly. They take a restafter winning a big battle, only to lose thewar. I wanted to really do something, notjust get up and make a speech and thensit down and vote. I really wanted to beeffective."

Once elected to office, Barbee wasvery effective. Barbee helped to makegreat strides in Wisconsin for the CivilRights cause. He was instrumental inremedying, the problem of desegregationin the Milwaukee Schools System. Heintroduced the current Fair Housing Law,helped get citizens registered to vote onelection day, paved the way for courtreform, and the list goes on.

Although it was difficult for blacks towin elections when Barbee ran for office,he managed to defeat the incumbent can-

16

"The thing I liked best about theState Legislature was that I reallycould address issues in the form ofbills. Some of these issues weren'teven within the jurisdiction of thelegislature. I could introduce reso-lutions, for example, concerningthe way England deals withIreland:'

didate, Frank Dionesopulos. "It was achallenge for me to run back then. Myproblem with campaigning, in general,was that I have a modest streak in me. Idon't like self-aggrandizement. I remem-ber when Jesse Jackson used to give the"I am Somebody" speech. I called it the'how great I am' syndrome. I didn't evenlike the Martin Luther King, Jr., "I'veGone to the Mountain Top" speech. Itwas how he wanted people to talk abouthim when he died. I don't like that.When you are running for office, you goout and say, 'vote for me; I'll be a greatlegislator: I didn't mind it after I hadbeen elected and had a record. My recordgave me something to talk about otherthan myself."

In order to reach the people during hiscampaign, Barbee would go door to doorand discuss issues with the voters. Herecalled sitting with voters, drinking cof-fee and lemonade. "I got to know peopleat a level where they felt comfortable andwould tell me their problems. Once I waselected, that was the basis of alot of mylegislation. I could really see what washappening to them first hand."

One drawback to campaigning, Barbeerecalled, was that he would go around ina suit. In the hot summer sun, this was abig problem. "I would always perspire,and when I would go into some houses,they would have fancy furniture that hadplastic covers on it to protect it. I wouldsit, perspire and stick to the plastic,drinking coffee by the quart."

In 1972 and again in 1976, Barbee waschosen to be a delegate to the DemocraticNational Convention. "I had gone to a lotof NAACP conventions, but the Demo-cratic Convention was much larger.There was more happening on the floor.The first one was so exciting to be at, butthe 1976 Convention was much betterorganized. I liked the way Carter's peopleran things, although some of them wereold-line Southerners. I was a bit skepticalof him at first because of my experiencein Southern communities."

While serving in the Legislature, Bar-bee took the opportunity to focus onstate, national, and international issues."The thing I liked best about the StateLegislature was that I really couldaddress issues in the form of bills. Someof these issues weren't even within thejurisdiction of the legislature. I couldintroduce resolutions, for example, con-cerning the way England deals withIreland."

Barbee quietly left the State Assemblyin 1977 after fulfilling his term. "When Ileft the legislature, I didn't tell the mem-bers of the Assembly or the press. I sim-ply didn't file papers for re-election. Aguy from the press called me to see ifthere was a mistake, and I told him that Iwas leaving and supporting MarciaCoggs. I won't say that I got tired of elec-toral politics, but I felt that I could domore as a private attorney and elect goodpeople to the government," he said.

Although he enjoyed politics, Barbeedoes not regret leaving it. "I onlyintended to stay ten years, and I stayedtwelve. I had to work with both Demo-crats and Republicans, so I wasn't a trulypartisan person. Alot of the Democratswere racist people, and I had no illusionsof what they were. Some Republicanswere decent and reliable. During my day,we had some people who, if the truthwere known about them, wouldn't havebeen re-elected. They would have beenprosecuted. I left because I would neverwant to work at anything until I burnedmyself out. There are these JesusChrist-Mahatma Gandhi-type peoplein history that whatever they work for,kills them. I don't flatter myself like that.Besides, the democratic party is not the

kind of party to which I want to be aslave."

Barbee continued recounting his rea-sons for leaving the Assembly saying,"Some of the legislators I admired com-promised and voted against their con-science. I didn't want that to happen tome. I could no longer be part of the Leg-islature because it would be hard for meto be part of a group that wasn't seriousabout changes. I'd just be drinking cof-fee, patting them on the back and talkingabout the good old days which weren'tthat good to me."

Currently, Barbee works as a solopractitioner in Milwaukee. Although heis no longer involved in politics, he is stillinvolved in the Civil Rights cause. "I ama member of the Wisconsin MinorityLawyer Association. I helped move itfrom a cocktail drinking and braggingorganization to one that works on contin-uing education. Although I don't havemuch money, I contribute to organiza-tions that I feel are going in the rightdirection. I work solo now. I am reallymore comfortable that way because Idon't have to compromise. I can expressmy views, even if some people think theyare extreme. I'm not accountable to any-one else but myself."

Barbee plans to move to New Yorkwhere he will work as an adjunct profes-sor at Sing Sing Prison teaching a coursecalled Social Problems and Political Solu-tions. "I think that my mind is muchmore toward the things that are beingdone in the East rather than the Midwest.I want to go to New York City becausepeople there are big enough to think andtalk about how to solve problems, ratherthan just complain about them. I doknow that they have the same problemsout there, so I'm not just running awayfrom problems. I am expanding mybase," he said.

"I'rn proud of much of what I havedone in Wisconsin. I put a seed in theLegislature for people who came behindme to work on. Some of these peoplehave been more successful at some of thethings than I was. I closed a lot of gaps. Ifeel that I started something, but there isstill a lot of room for improvement."

Featured Alumni:Jeffry Paul Brown ('79)Timothy R. Verhoff

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Wall Street .... chaos breaks out withinthe firms everyday; it is a frenzy ofinvesting, trading and dealing likenowhere else, and Jeff Brown thrives inthe atmosphere. Brown, a member of theUniversity of Wisconsin Law School'sclass of 1979, has been on the businessside of the investment banking businesssince 1982. "I have a great job at a fabu-lous firm. I'm blessed to work with avery talented group of people."

Jeff Brown graduated from BrookfieldEast High School in 1973 and entered theUniversity of Wisconsin-Milwaukee. Hegraduated in 1975 with a BA in Englishafter participating in a program thatallowed him to earn his degree in 21months. He entered the law school fol-lowing his undergraduate studies anddecided to go to UCLA to pursue hisMBA "... while I was still in law school.My father encouraged me to go to bothlaw school and business school. I wasinterested in both litigation and finance,so the combination sounded great."

After receiving his MBA, Brown jour-neyed to New York where he beganworking as an investment banker. Hereceived a varied investment bankingexperience: mergers & acquisitions,project finance, restructurings and publicofferings. In 1985, Brown joined theFixed Income Division of Morgan Stanley& Co. Incorporated, the major operatingsubsidiary of Morgan Stanley Group."In my work on public offerings, I foundI really enjoyed working with institu-tional sales people and with traders. Ihad some business school classmates atMorgan Stanley who encouraged me tocome over."

Arriving at Morgan Stanley, Brownjoined the corporate bond trading desk.Shortly, he and a business school class-mate became the founding members of aSpecial Situations Group, which wasgiven a charter to purchase as principaland trade unusual series of cash flows."We did a lot of oddball things," Brownadmits. "We even made a market in anti-trust settlements." In these transactions,Morgan Stanley gave liquidity to busi-nesses and law firms which were owed a

Jeffry P. Brown

series of future payments arising out ofantitrust litigation settlements. "In effect,we gave the smaller company, the winnerof the settlement and a weaker creditthan the defendant. We also gave liquid-ity, that is, the ability to realize cashtoday, for law firms which were gettingtheir fee under the same type of arrange-ment."

In his present assignment withMorgan Stanley, Brown is Product Man-ager in New York for Morgan Stanley'sSwap Group. The Swap Group is a keybusiness at the firm and is a truly globalbusiness. The primary product is theinterest rate swap, a contract betweentwo parties to exchange a stream of cashflows under an agreed set of terms. Thearrangements can be highly customizedand can involve different currencies. The

business area also includes a number ofoptions related products.

"My role really has two parts. First,I represent the product area both inter-nally at the firm and externally to clientsof the firm. Second, I apply the productin specific situations to add value by solv-ing client problems." Currently, Brown isworking on a series of custom optionstrategies to assist clients in managinginterest rate risk. In other areas, he isworking with Morgan Stanley's PublicFinances Department to help achievelower borrowing costs for municipalities,and with outside counsel and govern-mental agencies on what he termed"product development."

Brown is also an important part oflegal compliance activities at MorganStanley. As one of the Fixed Income Divi-

18

If you look at what I really do, thelaw school was a great education.A big part of my job is advocacy,that is trying to get somebody todo something. But before I get tothe advocacy part, a big part isthinking through a situation thatcould be pretty complicated.

sion's New York Stock Exchange-licensedSeries 16Supervisory Analysts, Brownexamines and approves disseminations toclients.

How has his law school educationcontributed to his career? An adamantBrown says, "If you look at what I reallydo, the law school was a great education.A big part of my job is advocacy, that istrying to get somebody to do something.But before I get to the advocacy part, abig part is thinking through a situationthat could be pretty complicated. Listen-ing to a client's problems, and then com-ing up with a solid, creative solution andgetting it done, is really what it's allabout. And the law is a great education,because it's all about processes, problemsand solutions."

As demanding as a Wall Street workschedule is, Brown does have an outsidelife. "First comes family:' Brown says.Married to a Madisonian, Brown residesin Darien, Connecticut with his wife,Toni, and his eight-year-old son and six-year-old daughter. Formerly a competi-tive weightlifter, Brown hasn't desertedthe sporting life. "Right now I'm tryingto improve my tennis game. There's defi-nitely a lot of room for improvement." Healso enjoys upland bird shooting andsporting clays. "Think of sporting claysas golf with a shotgun. It's a great combi-nation of speed and angle, not to mentiongood company."

Brown believes that outside interestsare an important part of life. "It's easyfor the professional person to be con-sumed by work. From my own experi-

ence, it's important to be able to commu-nicate with people about topics otherthan work. How much am I going to beable to understand about a client's prob-lem if all I know is swaps? If you can'ttalk to somebody, have a conversationabout anything but business, there's aproblem."

One of Brown's interests, keenly dis-played in his application for admission tothe law school, was writing. A publishedpoet and short story writer, Brown hadwritten two novels and was representedby a literary agent by the time he fin-ished undergraduate school. "Observingand writing always seemed natural reac-tions to me. I've always had an overac-tive imagination, which appears to begenetically connected since my kids dis-play the same tendencies." In fact, Brownwas weighing accepting admission into aMaster of Fine Arts program rather thanattending law school.

Will he return to the writing world?"I do a lot of writing now, all connectedwith work. Things like proposals, marketcommentary, product notes .... I justmailed back to the publisher the galleysfor a chapter which will appear in aDow-Jones book on swaps." On a pensivenote, he concedes, "Yeah, I wish I hadmore time in each day so I could do somewordsmithing. I guess I am a little disap-pointed that part of me seems to havegone into hibernation. But you know,God willing, it's a long life."

As any other parent, Brown hopesonly the best for his children, but whendiscussing his children's futures, his busi-ness mind shows through. "Right nowthey love Teenage Mutant Ninja Thrtles.I hope they don't become turtles. I hopethey follow their interests and look attheir parents as a source of encourage-ment. I hope they have long, healthy,happy lives and have the opportunity todiscover something they're good at. ButI hope they're economic realists, too."

Jeff Brown has achieved great successat a relatively young age. He still hasmuch to do before he ends his career, buthe surely will be successful because ofhis hard work and dedication to every-thing he does.

Featured Alumni:Paul Morrow ('56)Timothy R. Verhoff

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Ambling from the heat of the waitingroom into the chilly office, I stood beforethe mammoth wooden desk and ex-tended my hand to greet Paul Morrow.He rose from behind the desk, and I wasdwarfed by his hulking 6' 8" frame. Thisgiant man, once a leader on the courts forthe Badger basketball team, is now aleader in the courts. Morrow is a promi-nent attorney in Dodgeville, Wisconsin.

As a high school basketball player,Morrow was already a star. In 1950 heguided St. Croix Falls High School to astate championship, breaking severalrecords along the way. "I set the scoringrecord for most points in the tournament.There was a whole list of records, butrecords don't mean anything to me. I doknow we had a lot of team records."

It was basketball and academics thatdrew Morrow to the University of Wis-consin. He graduated from high schoolas the valedictorian of his class andqualified to receive a Tuition and FeesScholarship.

While he played basketball at the UW,Morrow contends that the Big Ten wasthe premier league in the country. "Indi-ana was national champion my junioryear and was runner-up my senior year.My sophomore year Illinois was runner-up to Kentucky for the national cham-pionship." Morrow started 66 straightgames for the Badgers and following hissenior season, he was selected to playwith the United States College All-Stars.Morrow was a sixth round draft choice inthe NBA, selected by Rochester. "Therewasn't any money in the game back then,and I wanted to be a lawyer. I received astandard rookie contract of $4,500. Iwould have had to quit law school. So Iplayed with anyone in the Midwest whocould pay me and cover my travelexpenses. I played three years and putmyself through law school."

Following graduation from the LawSchool in 1956, Morrow started a six-month office apprenticeship withClarence H. Knudson in Dodgeville, Wis-consin. "He passed away some four tofive years after I came to Dodgeville. Bythat time we had another attorney in theoffice. I've been here ever since. I didn'tintend to stay in Dodgeville, but after sixmonths I was offered, and accepted, apartnership."

But Morrow stayed for more reasonsthan becoming a partner: he liked thesmall town life style. "I came from asmall town about one-third the size ofDodgeville. I liked Dodgeville, and Ididn't like what I saw in some of the met-ropolitan areas," he said.

One of Morrow's most vivid memo-ries is the meeting he had with his firstclient. "I was with Mr. Knudson, but hedidn't have an office for me. So he gavelife five to ten years from now." Afterbeing diagnosed with cancer, Morrowwas neither alarmed nor upset. "I wasn'tfrightened or panicked; I was concernedto get my legal affairs in order promptly.Other than that, I don't think I have doneanything any differently from that timeor since."

John Paul Morrow has already wonhalf of the battle because he has managedto maintain a positive outlook on life.When asked if he had any plans for thefuture, he looked sheepishly and replied,"Yes, I have a lot of plans for the future."me an abandoned office down the hall inan old bank building. In that office wasan old desk and some old wooden chairsthat were covered with layers of dust. Aman came in to seek my advice in a cattlebuying case. I got out my yellow pad andtook his statement. When he concluded,he asked me what I thought about hischances of winning. I leaned back,stroked my chin, looked at the ceilingand tried to look as though I had someexperience and was distinguished. Ileaned back in the old chair and it sud-denly exploded. All four legs collapsedsimultaneously. I fell flat on the floor infront of my very first client. It was not anauspicious beginning to my legal career."

During the early sixties, Morrow alsoserved as the District Attorney for IowaCounty. "The District Attorney was paida small salary and fifty dollars a monthfor office expenses. The county furnishednothing. It was good experience. While Iwas District Attorney, I handled severalhomicide cases. I had to keep a privatepractice though, or I would have starvedto death."

In addition to his legal career, Morrowruns a company known as Morcor, Inc.The company owns farms, rural realestate, and his office building. It is theonly dealer in Iowa County of rare coins,

Paul Morrow

and gold, silver, and platinum bullion."We are also in the leasing business. Welease equipment, vehicles, and we have acomputer that allows the company tolease out computer service." When not atthe office, Morrow manages to stay busy."I like to work on my farms. I have doz-ens of experiments going on in the fieldof soil conservation and wildlife manage-ment. Right now, we're trying to bringback the prairie grasses that were in thiscountry when the Indians were here,"he said.

"I'rn a collector too. I collect big oldmonster automobiles that fit big guys likeme, as well as wildlife artwork andantique guns. Both my wife and I are col-lectors of rare stamps," he continued.

But the majority of Morrow's freetime in the past few years was spentworking on the Bar's post-graduate legaleducation committee. "I probably wasthe longest running member of that com-mittee. I spent twenty-one years on it. Itwas always my idea that we should havepractice manuals in the basic areas oflaw."

Early in the summer of 1987, Morrowwas diagnosed with an inoperable tumoron his prostate gland. "I've survivedthree years now, and if you live with itfor five years you are considered cured.I feel great, and I'm working as hard asever. I'm being treated with an experi-mental medication, and my doctor toldme he expects that I will still be enjoying

20

Alumni Notes

Dean Bernstine, a 1972 graduate of Northwestern University School of Law, is pictured with Professor David S.Ruder [right] at Northwestern last fall in Chicago. Professor Ruder, a member of the Class of 1957 at the Uni-versity of Wisconsin Law School, has been on the Northwestern faculty since 1961 and served as dean from1977 to 1985. He was chairman of the U.S. Securities and Exchange Commission from 1987 to 1989 and in 1990was named a partner at the Chicago law firm of Baker & McKenzie. He is currently teaching a course in securi·ties at Northwestern.

James T. Haight ('51) sent us a pressclipping announcing the retirement of hisclassmate Ralph J. Geffen ('51) after 20years as the top federal magistrate in LosAngeles. He began in the first class of USmagistrates, when the position wascreated by Congress.

W. Scott Van Alstyne, J r. ('52) is theco-author of a new book, The Goals andMissions of Law Schools. In it he arguesfor a reconsideration of the case methodof law teaching, noting that recentchanges in society require imaginativereforms in our law schools.

Heiner Giese ('69) has been electedas President of the Milwaukee Bar Asso-ciation Foundation.

Robert ]. Smith ('741, a shareholderin the Madison office of Wickwire Gavin,PC., recently addressed the annual con-vention of the Coalition of AmericanStructural Engineers in Honolulu. Histopic was "The Structural Engineer andConstruction Site Safety."

Robert E. Shumaker ('86) has asso-ciated with the Madison firm of Ross &Stevens, S.C. He had previously practicedwith Foley & Lardner in Milwaukee. Mr.Shumaker is a litigator representing indi-viduals, businesses and other organiza-tions.

Tomislav Z. Kuzmanovic ('88). ofKluwin, Dunphy, Hinshaw, Culbertsonin Milwaukee, Wisconsin, served as anelection observer/translator in the Yugo-slav Republic of Croatia for Lawyers forDemocratic Reform. While in Yugoslaviahe also met with the Croatian HumanRights Commission, the Zagreb Bar Asso-ciation and other religious and govern-mental officials. Later he was a translatorfor Croatian President Tudjman in meet-ings with government and business offi-cials in Washington, DC, and Ottawa,Canada.

David J. Ceci ('88) has joined the Sta-ten Island, New York, firm of Grae &Rybicki where he does plaintiff's per-sonal injury litigation. Ceci is a formerAssistant District Attorney in Brooklyn.

Anita T. Gallucci ('89). former lawclerk to Wisconsin Court of AppealsJudge Charles Dykman, has joined theMadison, Wisconsin firm of Boardman,Suhr, Curry & Field.

Kathryn Stoppello ('89) has joinedthe Morristown, New Jersey, firm ofRiker, Danzig, Scherer, Hyland & Per-

retti. She had previously worked for theCenter for Public Representation inMadison.

Lynn Guelzow ('891, an attorney inthe Federal Trade Commission's Bureauof Competition has won the Paul RandDixon Award. The award recognizes bothenforcement and consumer advocacy infurthering the goals of the FTC.

Patrick Schilling ('89) has beenelected District Attorney in Price County,Wisconsin.

Don M. Millis ('90) has associatedwith the Madison firm of Ross & Stevens,S.C. From 1981 to 1990, Mr. Millisworked in the Wisconsin legislature. Hispractice encompasses issues confrontingthe cemetery industry and civil litigation.

William R. Peck ('90), former manag-ing editor of the Wisconsin Law Review,has joined the Minneapolis firm of Gray,Plant, Mooty, Mooty & Bennett. He willconcentrate in tax law.

By now most of his friends have heardthe sad news. Keenen L. Peck ('88). for-mer Editor-in-Chief of the Wisconsin LawReview, died suddenly of a heart attackthis summer. Keenen served as a clerkfor US District Judge Terence Evans inMilwaukee before joining the Staff of USSenator Herb Kohl in Washington. JudgeEvans remembered, "Keencn was themost extraordinary young lawyer I evermet in my life. He was one of those peo-ple who wasn't interested in making a lotof money. He was just interested in doinggood things."

Prof. Frank Therkeimer said, "Hislegal talents were superlative andeclipsed only by his brilliant personality."

Keenen was a person of enormous tal-ent, personal integrity and a ready smilewhen things were going bad. With thatin mind, we hope you will all rememberhim with a smile as well.

Faculty Notes

21

In October, Professor Alta Charo partici-pated as a panelist at the Amencan Fertil-ity Society meeting in Washington, D.C.,on the topic "Legal Issues in the Custodyof Embryos." On November 2, she pre-sented a paper, "Hostage Drugs: A CaseHistory of RU486" at an InternationalSymposium sponsored by the GraduateSchool of Public and InternationalAffairs, University of Pittsburgh. Profes-sor Charo was at the University of Iowaon November 4th, for the InternationalSymposium on the Beginning of HumanLife, as a panelist on the "New Repro-ductive Technologies" session. ProfessorCharo expanded her consulting activitieswestward in November, when she pro-vided technical information to a script-writer for the new CBS series "WIOU"on the transportation of frozen embryos.The embryos are slated to be "kid-napped?" on an upcoming show.

Professor Marc Galanter was a guestspeaker at the Second National Confer-ence on Court Management in Phoenix,September 9-14, on the topic of "TheCharacter and Mix of Disputes and Liti-gation." In October, he gave a talk to thefaculty seminar at the University of Cin-cinnati Law School on "Poetic Justice:Legal Pluralism and the Jurisprudence ofPunitive Damages." The following day helectured to the Law School's Law andSociety Seminar on "The Transformationof the Big Law Firm." At the October 12session of the AALS Midwest ClinicalConference, in Madison, he spoke on"The Clinic as Laboratory," the prospectsfor using clinical programs as sites forresearch. Also in October, he spoke to adelegation of Indian and Sri Lankanjudges and lawyers on a Ford Foundationstudy tour about recent developments inalternative dispute resolution in the U.S.

In November, Galanter addressed theBoard of Directors at the annual meetingof the American Corporate Counsel Asso-ciation in Los Angeles, on "The NextGeneration of Litigation Research." Healso presented a report on "CorporateDisputing in the Federal Courts" (co-authored with Professor Joel Rogers andTerence Dungworth) at the session ofFederal Court Litigation. Also in Novem-ber, Galanter was Scholar-in-Residenceat Hofstra University School of Law. Hepresented a faculty seminar on "Corpora-

tions in Courts: Changing Patterns ofBusiness Disputing" (co-authored withROGERSj, delivered a lecture on "Legal-ization of the Legal World in the LateTwentieth Century U.S.," and conductedseveral sessions responding to the work-in-progress of Hofstra faculty. November16, Galanter gave a talk to the South AsiaSeminar of the Center for InternationalAffairs at Harvard on "The Problem ofIntermediate Groups in AffirmativeAction Programs: The Other BackwardClasses in India."

Professor Linda Greene spoke on"Reparations for African Americans" atthe Congressional Black Caucus Legisla-tive Weekend Civil Rights Forum, in Sep-tember and on "The Myths of Affirma-tive Action," at the Ohio Governor'sConference on Affirmative Action inOctober. She was a speaker at the Der-rick Bell Symposium at Harvard LawSchool in October and the organizer andmoderator of panels on "Scholarly Trendsand Paradigms," and "The ScholarlyAgency" in October at the 1990 MinorityLaw Teachers Conference in Cincinnati.She spoke on "Women, Politics and Pub-lic Policy" at the Wisconsin Women andthe Law Conference, November 14, inMadison. Professor Greene was the Pro-gram Chair and Moderator at the Societyof American Law Teacher Awards Dinnerin Washington, D.C., in January.

The Wisconsin Conference on CriticalRace Theory was held from November9-10 at the Wisconsin Center and theMemorial Union. Professor LindaGreene chaired the conference. OtherWisconsin plenary speakers and seminarleaders included Hastie Fellow RobinBarnes and Professor PatriciaWilliams.

Professor James E. Jones, Jr., spokeat the Minority Law Teachers' Confer-ence in Cincinnati, in October, on"LL.M. Programs as a Route to Teach-ing- The Hastie Program at Wisconsin."

Professor Len Kaplan spoke to theIowa Trial Bar on "PsychologicalDefenses," October 5th in Iowa City.

Professor Blair Kauffman was thekeynote speaker at the Mid-AmericaAssociation of Law Libraries, October 11-13, in Lawrence, Kansas. His topic was"Libraries and Change: The DecadesAhead."

In November, Professor Blair Kauff-man participated on the ABA/AALS siteinspection team for the reaccreditation ofBrigham Young University Law School.He is completing a position paper for theforthcoming White House Conference onLibraries, on the "Role of the NationalResearch Education Network (NREN) inthe Distribution of Legal Information."NREN is the computer/telecommunica-tions network being proposed as the newbackbone for the Internet, which isalready being used to more efficientlyaccess online systems like LEXIS. In Jan-uary, Blair will be on an AALS paneladdressing "Law School Planning andDesign Issues for Providing IntegratedAccess to Legal Information." He willalso attend an Executive Board meetingfor the new AALS Section on Law Librar-ies and the Academic Advisory Boardmeeting of Oceana Publications, whileattending the AALS meetings.

An article by Professor Lynn Lopuckiand Professor William Whitford, "Bar-gaining Over Equity's Share in the Bank-ruptcy Reorganization of Large, PubliclyHeld Companies" appeared in theNovember 1990 issue of the University ofPennsylvania Law Review. The article isthe first of several based on data fromtheir National Science Foundation fundedstudy.

At the ABA Meeting in August, Profes-sor Margo Melli completed her term asChair of the National Conference of BarExaminers. She will remain on the Boardof Managers until August, 1991, as Past-Chair. Also in August, she became thePrincipal Investigator on the Project onResearch into the Reform of the ChildSupport System at the Institute forResearch on Poverty. Professor Melliattended a meeting of the ExecutiveCouncil of the International Society onFamily Law in Brussels, Belgium in Sep-tember. The main focus of the meetingwas a World Conference on Parenthoodplanned for May, 1991 in Opatija, Yugo-slavia. In October, she was a panelist atthe Association for Public Policy Analysisand Management Research Conferencein San Francisco on the subject, "Pater-nity Establishment after Welfare Reform:The Evidence About What Works."

Legal Defense Project Clinical Super-visor Clare Nichols reports that John

22

West, a third-year student, won anacquittal for a client following a day-longjury trial in Dane County Circuit Court,Branch 4.

Professor Walter B. Raushenbushattended the meeting of the Law SchoolAdmission Council Finance and LegalAffairs Committee November 15-17, anda meeting of the Law School AdmissionCouncil Board of Trustees, December5-8.

Associate Dean Gerald Thain wasone of the ten professors of law, businessor journalism who were asked by theCommissioners of the Federal TradeCommission to participate in a collo-quium at the agency's office in Washing-ton, D.C., on November 5, addressing theproper future of the agency. Thain's arti-cle on the early days of the WisconsinCourt system appeared in the Octoberissue of The Wisconsin Lawyer.

Associate Dean Thain was the LawSchool representative at the ABA Confer-ence on the Role of Legal Education andLawyer Competence, held in St. Louis,Nov. 1-3. The conference covered the lawschool's role in improving the quality oflegal writing, adherence to ethical stan-dards and dealing with personal anddependency problems of students andfaculty that may inhibit performance inschool and in the profession. One themeof the meeting was to provide greateremphasis on the classroom teaching roleof law faculty.

On November 19, Thain filed an ami-cus brief on the First Amendment rightsof members of regulated occupations toadvertise truthfully, which, he assertedin his amicus brief, rendered unconstitu-tional certain California restrictions onwording that may be used on letterheadsand other advertisements by non-CPAaccountants. The California SupremeCourt is likely to hear the case in theSpring of 1991. Thain's article "What's ina Name (on a Letterhead)-The PossibleImpact on Public Accountants of aSupreme Court Decision" has beenaccepted for publication in the January1991 issue of the National PublicAccountant.

At the American Association of LawSchool's annual meeting in Washington,D.C., in early January, Thain was on theprogram for the Committee on Profes-sional Development, speaking on in-house faculty mechanisms to enhancethe intellectual life of the Law School,

with special emphasis on the Wisconsinexperience.

Professor June Weisberger conducteda Marital Property Workshop at the Wis-consin Women and the Law Conferencein Madison on November 14. The key-note presenter for the conference wasJudith Lichtman, President of theWomen's Legal Defense Fund (U.W. LawSchool, class of '65).

Professor Gordon Baldwin spent aweek in November in Yugoslavia as partof a team of six lawyers assigned toobserve the first free elections in theRepublic of Bosnia-Hercegovina. Heobserved nineteen different pollingplaces in villages and cities near the Ser-bian border, and reports that the Com-munists were engulfed by voters favoringSerbian, Croatian and Moslem nationalistparties. The elections he saw appearedgenerally fair, although the physicalarrangements at the polling places wereoften inefficient and confused.

Hastie Fellow Robin Barnes' mostrecent article, "Academic Freedom:Rights and Responsibility to Arrest Tar-geted Racial Vilification on UniversityCampuses," has been accepted for publi-cation in the Wayne Law Review. Robinalso presented a draft of her thesis enti-tled: "Restricting Access of Klan and NaziGroups to Public Forums," at the AnnualMeeting of the National Conference ofBlack Lawyers, in New Orleans,Louisiana.

Congratulations to Professor RichardBUder, who has been elected to theAmerican Law Institute.

On November 14, Professor StewartMacaulay made a presentation to Profes-sors Minow, Glendon and Rakoff's semi-nar on Law & Society at Harvard LawSchool. Macaulay talked about privategovernments and their place in legal the-ory. He illustrated his points by drawingon the almost sixty year's war betweenthe major oil companies and the retailgasoline dealers. While the dealers havewon many battles before courts and legis-latures, the oil companies have remainedfirmly in control of the private govern-ment of gasoline distribution. Partici-pants in the seminar debated the ques-tions which Macaulay raised, but a fewwere unhappy about being remindedwhat Roscoe Pound, over seventy yearsago, called "the limits of effective legalaction."

Professors Tom Palay and MarcGalanter were Academic Visitors at theDepartment of Law of the London Schoolof Economics while they were in Londonto interview lawyers on the growth oflarge law firms there. On December 4,they gave a presentation to the Depart-ment's staff on "The Transformation ofLarge Law Firms in the U.S." En route,on November 20, they talked on this sub-ject at the Brown Bag Lunch at theUniversity of Minnesota Law School.

Assistant Dean Edward Reisner co-chaired a session on "Working with StateBar Associations" at the National Associ-ation for Law Placement's MidwestRegional Meeting in January.

Assistant Dean Joan Rundle, andAssociate Professor Mariamne Whatley(Education I are the co-Chairs of the Uni-versity Student Conduct Policy Commit-tee for 1990-91.

Professors Arlen Christenson, LarryChurch, Carin Clauss, Herman Gold-stein, Gerald Thain and FrankTuerkheimer will again offer a "Law inAction" course for upper-level undergrad-uate students in the spring semester. Thiscourse, offered through the SociologyDepartment, was arranged by ProfessorsJack Ladinsky (Sociology), Thain, andTherkheimer, and is performed as a pub-lic service by those involved as part ofthe Law School's role in assisting theundergraduate education enterprise.

In October, Professor Alan Weisbardaddressed a conference on "Matters ofLife and Death" sponsored by MeriterHospital and the Wisconsin Ethics Com-mittee Network. On November 28, hemet with supervising attorneys and stu-dents at the Legal Assistance for Institu-tionalized Persons Clinical Program todiscuss issues of decision-making capac-ity and legal, medical and psychologicalapproaches to competency determina-tions. He appeared on Wisconsin PublicRadio on December 4-5 to discuss therecent criminal indictment of Dr. JackKevorkian and the legal and ethical issuesraised by assisted suicide. Weisbardspoke at the Madison conference, spon-sored by the Center for Public represen-tation on December 6, on "Medical Deci-sion Making: Theory and Practice," Hissubject was "Planning for Future HealthCare Decisions: A National Perspective."

Editor' s Nate

23

Under my other hat as director of theCareer Services Office my head is spin-ning. Since about 1981 our School, andthe legal marketplace in general, hasexperienced an unbroken period ofgrowth. Sure, there have been and willcontinue to be employers who have failedor students who searched long and hardwithout success, but generally the markethas been as strong as any observer hadseen.

In the space of a few short months,however, all indicators reversed and atight market is upon us. Students wholeft for summer clerkships safe in theknowledge that, if they did a good job, apermanent offer would be forthcomingreturned this fall without the expectedoffer. Fewer firms visited on campus andsome that did canceled third-year inter-views. Even some governmental employ-ers have shown signs that fewer jobs willbe available for the Class of 1991. And, ifyou read the statistics in the article onadmissions in this issue, you will notethat the Class of 1991 is our largest inyears.

Of course this means that everyone,students, staff and faculty, will have towork harder so that our graduates will begainfully employed. The Board of Visitorsnoted concern in their Visit here in Octo-ber. Dean Bernstine reported to themthat he considered placement efforts apriority and pledged to seek both physi-cal and fiscal assistance. Employers whohave interviewed here have themselveshelped by payment of the newly enacted"on-campus interview fee," a change forinterviews here. These fees will helpacquire video and computer equipmentfor the placement process, purchase ref-erence materials for alternative careersand assist in remodeling our interviewrooms, reference library and staff offices.

While on the subject of remodeling,good news: At their December meetingthe Board of Regents of the University ofWisconsin forwarded to the State Build-ing Commission a multi-million dollarsystem-wide request that includes$550,000 for architectural work on thelong-awaited Law School addition. Whilethere is still a lot of work to be donebefore construction equipment arrives,we have renewed hope that our serious

Mystery Picture

space shortage may soon be alleviated.I cannot resist one short weather note:

On Monday, 3 December 1990, for thefirst time in fifteen years at the LawSchool, I did not make it to work. Madi-son was buried by a record 17+ inches ofsnow with 30 mph winds. Over sixinches had fallen by 6 am, and by noonclasses were dismissed. But the Univer-sity did not close! A few hardy souls(probably those living close to campus)were able to keep offices open. All ofwhich reminded me of a Herbie Pagestory. I quote from notes left by FrankRoss, Sr. Mr. Ross graduated from Har-vard Law School in 1922 and was a part-time faculty member here in the 1930'sand 1940's:

Page was a stickler for attendance. Oneday in 1936 there was a blizzard sosevere that the President of the Univer-sity suspended all classes. But Pagetrudged down to the Law School any-way, and, after marking all the studentsabsent, lectured to an empty hall. Laterhe complained to the President that nodisciplinary action had been takenagainst the absent students. The Presi-

dent replied, not to Page's satisfaction,that the students were excused by hisorder.

The mystery picture in the last issueshowed two male students seated along-side Brownie the Gargoyle, in front of theLaw building. Many thanks to DianeKliebard ('86), Jim Daly ('74), Dave Han-cock ('74), Harvey Held ('74) and JohnSagan ('83) for writing. They all agreethat the person on the right is Lee Atter-bury ('74), although Dave says that helooks different now. Perhaps because hejust became a proud father, according toDiane. Jim was certain he recognized thejacket as the one that Lee wore every dayof his time in Law School. Jim alsobelieves that the person on the left maybe Steve Felsenthal ('74). Harvey Heldremembers taking the picture. He hadbeen hired by then-editor Ruth Doyle asthe Gargoyle photographer during his sec-ond and third years.

In this issue our mystery pictureshows Prof. Sam Mermin presumablypresenting awards to a group of stu-dents-for appellate advocacy? Whoand when.