University of Wisconsin Law School Forum

ARGOYLVolume XXI Number 4. Spring 1991

Dean's Note 2Dean Daniel O. Bemstine

Shakespeare and the Supreme Court 4Emeritus Prof. Robert H. Skilton

Taxes, Ann landers, and the law 9Susan S. Katcher {'90}

1990 Board of Visitors Report 10Alan R. Post {'72}, Chair

The Meaning of Life 17John Bovicn {'90}

Featured Alumni:Charles F. Luce ('41) 18Frances Ulmer ('72) 20Timothy R. Verhoff

Faculty Notes 21

Alumni Notes 22

Editor's Note 23

Mystery Picture 23

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Cover photo: The fabled Reality Checkpoint,now recognized in an actual law book!

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Dean's Note

The Spring semester is well underway. As a nativeCalifornian, I have always wondered why a semes-ter that certainly begins and occasionally ends

with snow and cold temperatures is called "Spring"semester. In any event, as I write this note, we are nowin the midst of our January thaw and even I have somehope that there will be a Spring this year.

In the spirit of the upcoming season, we are currentlyundergoing a spring facelift here at the Law School. Weare in the process of painting the hallways, refurbishingseveral of the classrooms, laying carpet and making vari-ous repairs, most of which are long overdue. An exampleof our new look is demonstrated in this issue of the Gar-goyle. As many of you know, one of the most memorablelandmarks in the Law School is "Reality Checkpoint,"which is a cement wall at the top of a blind staircase inthe Library wing. In fact, this spot has received bothnational and international note (see, Hayden, SocialCourts in Theory and Practice: Yugoslav Workers' Courts inComparative Perspective, University of PennsylvaniaPress, 19901.The photograph in this issue of the Gargoyleshows how we have given Reality Checkpoint a new,three-dimensional look. The steps have been carpetedand the area has been made into a place where studentscan socialize and otherwise contemplate the meaning ofthis architectural feat. In addition, a banner that wasdesigned by several undergraduate students, includingJennifer Allen, daughter of Steve Allen ('72), has beenhung in the main lobby. We are also purchasing new fur-niture and adding some greenery to make the lobby apleasant and welcoming site. I hope that in the future,we will be able to use our lobby for some of oursocial events.

Actually, our "Spring Sprucing" is but a small exam-ple of how we are working to improve the quality of lifefor students, faculty and staff. This facelift for the build-ing is possible, in part, because of the support that you,our alumni, have given to the Law School over the years.On behalf of all of us who live in the building on a day-to-day basis, Thank You!

I am pleased to report that the Board of Regentsrecently approved $500,000 to plan the new addition toour existing structure. The approval is now pendingbefore the State Building Commission. I will keep youinformed as to our progress.

I am also pleased to inform you that the Law Schoolcontinues to be a powerhouse in the various moot courtcompetitions this year. As I wrote in my last column, ourteams won the Chicago Bar Moot Court Association Com-petition and we were also the regional champions as wellas semifinalists in the National Moot Court Competition.I am now pleased to report that Denise Steele ('92) andHeather Sampson ('92) won the Midwest Regional

Dean Bemstine

New library entrance

Frederick Douglass Moot Court Competition in Minneap-olis. The finals are scheduled to be held in Los Angeles inMarch. In addition, Joan Aguado ('91),Denis Stearns('92), Felix Servantez ('91)and Jack Wagler ('92) won theMidwest Regional Championship of the Philip C. JessupInternational Moot Court Competition hosted this year bythe Law School. The finals are scheduled to be held inWashington, D.C. in April. Moreover, in the William B.Spong, Jr. Moot Court Tournament, Beth Rahmig ('92)and Patrick Dolan ('92) were quarterfinalists and JohnStoneman ('92) and Joe Mettner ('92) were also quarter-finalists and won the award for best brief.

Finally, I am continuing to amass the frequent flyermiles traveling around the country for our alumni recep-tions. So far, each of the gatherings have been tremen-dously successful. By the end of this academic year, overforty alumni events will have been held and we arealready scheduling another series of events for next year.I encourage you to attend the gathering in your areabecause I am anxious to meet as many of you as possible.The gatherings are also an opportunity for you to makeand renew acquaintances with your fellow alumni.

Nearly all of the events this year were scheduledbefore I was appointed as Dean and, therefore, I take noresponsibility for the fact that the January through Marchgatherings are almost always in warm climates. While Itake no responsibility for this coincidence, I have madeno attempts to modify the schedule. Perhaps, by the timemy travels during this semester are over, it really willbe Spring.

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Remodeled Main Lobby with wheelchair access ramps

Before After

Reality Checkpoint

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Shakespeare and the Supreme Courtby Professor Emeritus Robert H. Skilton

A dissenting opinion by Justice O'Connorin a 1989 United States Supreme Courtdecision contained a quotation fromShakespeare, and the majority opinion inthe same case by Justice Blackmunreferred to the quotation and expresseddoubts as to its usefulness. 1 That set meto wondering: how often has Shakespearebeen quoted in Supreme Court opinionsi'-William Ebbott and Nancy Paul of theUW. Law Library came to my aid. Hav-ing ordered Lexis and Westlaw to makelightning scans of all United StatesSupreme Court opinions from the begin-ning on, they produced a list of instanceswhere passages from Shakespeare hadbeen quoted.s Until the recent arrival ofthese services with their amazing tech-nology, the task of preparing a list likethis would have been overwhelming.

The list is surprisingly short-there.are only 15 items.s During the entirenineteenth century, Shakespeare's workis quoted in only one case-Magone v.Heller (1893).(In fact, it is not until 1946that the second Shakespearean quote isencountered.' In Magone, the questionwas whether the Tariff Act's exemptionfrom customs duty of substances"expressly used for manure" applied toan article which when imported wasinvoiced as "manure salts." (I trust thatreaders with refined tastes will bear withme.] The opinion, written by Justice Gray(who was not one to play to the gallery)considered the meaning to be attached tothe word "expressly" as used in the TariffAct:

In Webster'sDictionary,for instance,the definitionof "expressly"is "in anexpressmanner;in directterms;withdistinctpurpose;particularly;as, a bookwrittenexpresslyfor the young."Andthe further illustrationis addedfromShakespeare:"I am sent expresslytoyourlordship."

And so, your lordships and ladyships,this is the first instance of a Shakespear-ean quote-uncovered by Justice Graydigging into Webster's Dictionary. Extra-polating, it seems that the nineteenthcentury Justices were not in the habit ofadorning their opinions with literary quo-tations.

Of the 15 items on the list, 13are from1976to 1990. One gathers that a literaryquotation, as from Shakespeare, hasbecome, if not stylish, at least not causefor surprise.

While you may share my amazementat what modern technology can accom-plish (of course, traditional methods ofresearch are still of super importance-these highly specialized electronic ser-vices have fantastic recall ability but noBrains) you may question what useful,non-frivolous purpose can be served bybothering with this list of Shakespearequotes. In reply: it may be instructive toconsider the possible reasons that mayprompt a Justice to include a quotationfrom Shakespeare in a judicial opinion-since the corpus of such opinion shouldnot be wagged by poetry. The inquiryleads to a larger topic-the uses of liter-ary references in judicial opinions .

My concentration is upon instances ofquotations from Shakespeare contained inSupreme Court opinions. If references toShakespeare without quotations wereincluded, the list would be somewhat,but not considerably, extended. Forexample, in Goesart v. Clearys, the opin-ion refers to "the alewife, sprightly andribald, in Shakespeare," (with no quota-tion) in connection with the questionwhether women (except relatives of oper-ators) may be constitutionally prohibitedfrom working at bars dispensing liquor.The reference fits unobtrusively into theargument. With like effect is reference,inter alia, to Shakespeare's Venus andAdonis in discussing obscenity and theFirst Amendments, or to state that evenShakespeare "may have been motivatedby the prospect of pecuniary gain" in dis-cussing criteria for commercial freespeech." But why quote from Shakespearein a judicial opinion? That, as Shake-speare would have said, is the question.

Finally, by way of caveat: Perhaps inalmost numberless instances, somephrase, originally found in Shakespeare,may have been used in judicial opinionswithout attribution of authorship, oftenbecause the writer is unaware that it wasShakespeare who coined it-so much hasthe phrase become part of the English

RobertH. SkiltonEmeriusProfessor

language. I refer you to Act I of Hamlet-one is almost inclined to accuse Shake-speare of lack of originality in writing,considering all those time-worn familiarphrases.s Such matters are beyond ushere. A humbler topic is chosen: Shake-spearean quotes so denominated inSupreme Court opinions.

Traditionally (legal reasoning beinggiven to large amounts of making analo-gies and drawing distinctions, withhealthy lip service at least to the princi-ple of stare decisis) judicial opinions maybe expected to include much citation anddiscussion of cases, statutes and law trea-tises. In this country judicial opinions, ifpublished, are meant to be read not justby the litigants, and to stand the test ofeducated analysis assaying their correct-ness. Of fairly recent date, an occasionalsupplement has been added-citation ofnon-legal materials, such as sociologicalstudies, for the purpose of showing thatthe decision in a case has sound factualunderpinning and is consonant with aconceived "public policy." A court's unin-vited use of such materials without giv-ing a litigant the opportunity to challengetheir authority can be controversial.Nevertheless, such citations share withthe traditional citations a utilitarian pur-pose. But what can be the purpose of aliterary quotation, as from Shakespeare,in a judicial opinion?

Utilitarian PurposesBrowning-Ferris v. KelcoDisposal wasconcerned with the question whether the"excessive fines" clause of the EighthAmendment to the Constitution of theUnited States ("Excessive bail shall notbe required, nor excessive fines imposed,nor cruel and unusual punishmentinflicted") applied to punitive damagesassessed by a jury in a civil suit in favorof a private party. It was held that it didnot; the clause applied to criminal cases,and not to civil suits, except perhaps suitsin which the government is the plaintiffand receives the benefit of the award.(Whether the due process clauses of theFifth and Fourteenth Amendments havebearing on punitive damages proceduresand awards is a separate question.]?

In quest of the meaning to be attachedto the word "fines" as used in the lateeighteenth century, Browning-Ferrisevoked opinions from the Justices thatwere remarkable explorations into Eng-lish legal history. Was the word whenused in the Eighth Amendment intendedto apply only to criminal cases?

The' majority of the Court concludedthat the word "fines" was so limited. Dis-senting in a many-step opinion, JusticeO'Connor was of a contrary view. TheEighth Amendment was derived verba-tim from the English Bill of Rights of1689. That English law, she contended,applied to punitive damages in civil suitsas well as fines in criminal cases. Histori-cally, the argument ran, punitive dam-ages in civil suits were a form of"amercement," and the word "fines" as ageneric term included "amercements."The words were used interchangeably. Inwitness thereof, the opinion quoted fromthe speech of Prince Escalus in Shake-speare's Romeo and Juliet (1597):

I have an interest in your hate'sproceeding,

My blood for your rude brawls doth liea-bleeding;

But I'll amerce you with so stronga fine,

That you shall all repent the lossof mine.

As used in the opinion, this quotationfrom Shakespeare is not intended merelyfor adornment. (Even devoted admirersof Shakespeare should concede that thequoted lines are not Shakespeare at hisbest.] Rather, the quotation is intended tocontribute to ascertainment of the mean-ing of a word found in the Constitution.That is a utilitarian purpose.

This kind of questing into the meaningof words in a bygone age is not withoutits perils. Justice Marshall made thatpoint in his dissenting opinion in UnitedStates v. Watson. Watson involved the

question of the constitutionality of anarrest without a warrant for a felony notcommitted in the presence of the arrest-ing officer. Upholding the arrest, themajority decided that the Fourth Amend-ment ("... no warrants shall issue, butupon probable cause ... "J accepts "theancient common law rule that a peaceofficer was permitted to arrest without awarrant ... for a felony not committedin his presence if there was reasonableground for making the arrest."

Justice Marshall dissented:

Toapply this rule blindly today, how-ever, makes as much sense as attempt-ing to interpret Hamlet's admonition toOphelia, "Get thee to a nunnery, go:'swithout understanding the meaning ofHamlet's words in the context of theage.9 For the fact is that a felony at com-mon law and a felony today bear onlyslight resemblance, with the result thatthe relevance of the common-law ruleof arrest to the modern interpretation ofour Constitution is minimal.

Footnote 8 above cites "W. Shake-speare, Hamlet, Act III, Sc. I, line 142."Footnote 9 above states "Nunnery wasElizabethan slang for house of prostitu-tion. 7 Oxford English Dictionary, 264(1933)."Checking my own copy of 0 E D,I see that it quotes this passage fromHamlet as illustrating the primary mean-ing of the word nunnery-a kind of reli-gious institution-rather than citing it asan example of Elizabethan slang. But per-haps this proves Justice Marshall's basicpoint-who can say?

A second, somewhat different, use ofa quotation from Shakespeare is to showthat time-honored standards and princi-ples of moral conduct support a certaininterpretation or application of law, as,for example, a Constitutional provision.

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This use is in keeping with a view thatlaw and great literature have a symbioticrelationship; that great works of litera-ture can contribute to the quest for jus-tice."v Justice Scalia's opinion in Coy v.Iowa may serve as illustration. The ques-tion was whether the confrontationclause of the Sixth Amendment ("In allcriminal prosecutions, the accused shallenjoy the right ... to be confronted withthe witnesses against him") could beinterpreted, in a prosecution for allegedchild abuse, to permit the complainingwitnesses to testify at trial behind ascreen that prevented face-to-face eyecontact with the accused. Justice Scalia,speaking for the majority, held that theIowa procedure was unconstitutional. 11

The opinion quoted from Shakespeare,with Richard II saying:

Then call them to our presence-face toface, and frowning brow to brow, our-selves will hear the accuser and theaccused freely speak . . .

The Shakespearean quote shared hon-ors with a quotation from remarks byPresident Eisenhower, also expressing thethought that adversaries in a disputeshould face each other and settle theirdispute man-to-man or woman-to-woman. To explain, in the words of Jus-tice Scalia, "We have cited the latter twomerely to illustrate the meaning of 'con-frontation' and both the antiquity andcurrency of the human feeling that acriminal trial is not just unless one canconfront his accusers."

As the above demonstrates, sometimesquotations from literature, for examplefrom Shakespeare, are intended to con-tribute directly to the argument in a judi-cial opinion. On the other hand, some-times quotations from Shakespeare seemto have no more serious purpose than toadorn an opinion with memorable wordsthat can hardly fail to impress thereader-the writer is quoting Shake-speare! I leave each reader to judge forhimself or herself (should I, to be up tothe minute, instead say "for them-selves?") whether a particular quote in ajudicial opinion helps in some way orother.

liAsShakespeare Said-"When lines from one of Shakespeare'splays are quoted, should it matter whatcharacter of a play utters the words, andwhat is the scene in which the words arespoken? Quoting some fine soundingwords from Shakespeare, or from someother great author, to embellish a point,without giving recognition to the context,is perhaps not improper. A diamond isstill a diamond, no matter what the set-

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ting. But to introduce a quotation withwords like "as Shakespeare said" may bemisleading. Richard III (in the play ofthat name) and Iago (in Othello) speaksome eloquently malevolent lines thatsurely Shakespeare did not subscribe toin his personal credo. Even so, out-of-context quotes are frequent enough. Ifone is looking for great out-of-contextquotes, there's Bartlett's FamiliarQuotations.

Three examples of quotes out of con-text may suffice. In Levy v. State of Loui-siana, it was held (with three Justices dis-senting) that a statute giving legitimate,but not illegitimate, children of adeceased parent the right to sue forwrongful death unconstitutionally dis-criminated against an illegitimate childdependent on the deceased parent forsupport. In writing the majority opinion,Justice Douglas footnotes these lines ofEdmund in King Lear:

We can say with Shakespeare, "Whybastard, wherefore base? When mydimensions are as well compact, mymind as generous, and my shape astrue, as honest madam's issue? Whybrand they us as base? with baseness?Bastardy? base, base?"

Justice Harlan, writing the dissentingopinion, was not overwhelmed. The statehad discretion in drawing lines in a caselike this, he asserted.

He may even, like Shakespeare'sEdmund, have spent his life contrivingtreachery against his family. Supposingthat the Bard had any views on the lawof legitimacy, they might more easily bediscerned from Edmund's characterthan from the words he utters indefense of the only thing he cares for,himself.

Here's another example of quotingwords out of context: in Tison v. Arizona,a divided Court upheld Arizona's felony-murder statute (whose provisions weremore drastic than the statutes of moststates) and held that "a major participa-tion in the felony committed, combinedwith reckless indifference to human life"will entitle a state to impose the deathpenalty. Justice Brennan wrote a dissent-ing opinion. He noted that the actualmurderers of a family who had been kid-napped in events ensuing after a prisonbreakout had died before capture; thatthe two defendants sentenced to deathwere the sons of one of the actual mur-derers (They helped engineer the jail-break, actively participated in thekidnapping but had not fired the death-dealing guns.) In Justice Brennan's view,notions of retributive justice, "deeplyrooted in our consciousness," may havemotivated the state to seek the death pen-alty against the sons, "although punish-

ment that conforms more closely to suchretributive instincts than to the EighthAmendment is tragically anachronistic ina society governed by our Constitution."A footnote tells us

The prophets warned Israel that theirswas" a jealous God, visiting the iniquityof the fathers upon their children untothe third and fourth generation of themthat hate [Him]" Exodus 20:5 (KingJames Version).

Justice Brennan accumulates citationsby quoting from Horace, and citingIbsen's Ghosts. However, he may unin-tentionally have detracted from theimpact of the footnote by furtherreferencing "W. Shakespeare, The Mer-chant of Venice, Act III, scene 5, line 1('Yes,truly, for look you, the sins of thefather are to be laid upon the children.' "These are the words of a jokester (Laun-celot) teasing Jessica, spoken in a sceneintended to be amusing.

Finally, there is Milkovich v. LorainJournal Co., a defamation suit brought bya high school coach against a newspaperpublisher, in which Chief JusticeRehnquist observed:

Since the latter half of the 16th century,the common law has afforded a causeof action for damage to a person's repu-tation by the publication of false anddefamatory statements. See, L.Eldredge, Law of Defamation 5 119781.

In Shakespeare's Othello, Iago says,

"Good name in man and woman, dearmy lord,

Is the immediate jewel of their souls.Who steals my purse steals trash.'Tis something, nothing;'TWas mine, 'tis his, and has been slave

to thousands;But he that filches from me my good

nameRobs me of that which not enriches

him,and makes me poor indeed. Act III,

scene 3."

This, from Iago, who from the outsethad malevolently plotted revengebecause Othello had preferred Cassiaover him in military honors. Now, in oneof Shakespeare's greatest scenes, Iago isplanting the poison of suspicion in Othel-lo's mind that the fair Desdemona, Othel-lo's wife, is having an affair with Cassio.But no! He should say no more toOthello. Let no shadow be cast upon thegood name of Desdemona, for, you see,

Good name in man and woman, dearmy lord

Is the immediate jewel of their souls.

The deviltry of Iago! And yet, comingfrom such scheming, to serve his ownpurposes, is the truth, and a memorablequotation. A diamond is still a diamond,no matter what the setting.

Some quotations are, to paraphrase,their own excuse for being. In Johnson v.Transportation Agency, Justice Scalia, indissenting from the Court's decision thatan affirmative action statute applicable toroad dispatchers was constitutional andconstitutionally applied, observed:

The majority emphasizes, as though itis meaningful, that 'No persons areautomatically excluded from considera-tion; all are able to have their qualifica-tions weighed against those of otherapplicants.' One is reminded of theexchange from Shakespeare's KingHenry the Fourth, Part I: 'Glendower:I can call Spirits from the vasty deep.'Hotspur: Why, so can I, or so can anyman. But will they come when you docall for them?' Act III, Scene I, lines53-55.

When Justice Stevens quotes fromShakespeare, his references are apt to bein context and in depth,-in a way, scenecitations-not quotations disemboweledfrom the setting. For example, in Colo-rado v. Connelly, Justice Stevens in hisseparate opinion drew a distinctionbetween precustodial and postcustodialinvoluntary statements of the accused,and explained:

. .. in my opinion, the use of theseinvoluntary precustodial statementsdoes not violate the Fifth Amendmentbecause they are not the product of

state compulsion. Although they mightwell be so unreliable that they wouldnot support a conviction, at this state ofthe proceeding I could not say that theyhave no probative value whatever. Thefact that the statements were involun-tary-just as the product of Lady Mac-beth's nightmare was involuntary-doesnot mean that their use for whateverevidentiary value they may have is fun-damentally unfair or a denial of dueprocess.

A footnote is appended: "What, willthese hands ne'er be clean? Here's thesmell of blood still; all the perfumes ofArabia will not sweeten this little hand."W. Shakespeare, Macbeth, Act V, Scene I,lines 41,47. Lady Macbeth's "eyes areopen," "but their sense is shut." id. atline 23.

And in Walters v. National Associationof Radiation Survivors, in dissenting fromthe decision upholding the constitutional-ity of the limit of $10 for attorney's fee inveterans benefit cases, Justice Stevensargued that this provision in effectdeprived a veteran of his right to counsel,and de-emphasized the function of anattorney. Footnote 24 remarked:

That function was, however, wellunderstood by Jack Cade and his follow-ers, characters who are often forgottenand whose most famous line is oftenmisunderstood. Dick's statement ("Thefirst thing we do, let's kill all the law-yers"l was spoken by a rebel, and not afriend of liberty. See W. Shakespeare,King Henry VI, Pt. II, Act IV,Scene 2,line 72. As a careful reading of that textwill reveal, Shakespeare insightfully

realized that disposing of lawyers is astep in the direction of a totalitarianform of government.

Shakespeare's Knowledge of the Law"The law according to William Shake-speare" has received the endorsementof the Supreme Court of the UnitedStates.

"William Shakespeare, an astuteobserver of English law and politics"-so wrote Justice O'Connor, in her dis-senting opinion in Browning-Ferris v.Kelco Disposal. The majority opinionby Justice Blackmun does not disagreewith this appraisal; it concedes thepoint, but is not convinced that Shake-speare's apparently interchangeableuse of the words "fine" and "amerce-ment" should be made much of. Afootnote in the majority opinionobserves:

Though Shakespeare, of course,Knew the law of his time,He was foremost a poetIn search of a rhyme.

(At the risk of being charged with pet-tiness, I must say I don't take to the lastline. Shakespeare was a great dramatistand a great poet, but he was only occa-sionally "in search of a rhyme." For themost part, the plays are either in prose orblank verse. Perhaps, to express the prob-able intent, the last two lines of the qua-train should read:

"He was, in this instancein search of a rhyme."

Thus focusing on the particular pas-sage quoted by Justice O'Connor, whereShakespeare was in a rhyming mood-("fine"-"mine"l. Another way to put itwould be:

Though Shakespeare, of course,Knew the law of his time,He was foremost a poetIn search of a rhyme.

Chief Justice Rehnquist, writing theopinion of the Court in United States v.Apfelbaum, joined the fashion parade incommending Shakespeare for his knowl-edge of the law. In a footnote, whoserelationship to the text of the opinion isproblematical, he cited Shakespeare forthe basic principle that intent alone unac-companied by act should not be held acrime:

As recognized by one commentator,Shakespeare's lines here express soundlegal doctrine:

"His acts did not o'ertake his bad intent,And must be buried but as an intent

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That perish'd by the way; thoughtsare not subjectsIntents are merely thoughts."Measure for Measure, Act V, Scene 1.-

G. Williams,Criminal Law, The General part (2d ed.

1961).

The assertion that "thoughts are notsubjects" (of the criminal law) and that"intents" (without accompanying act)"are merely thoughts" can be permittedto stand by itself, as a tribute to Shake-speare's perspicacity, evidence that hehad sound perceptions of justice. How-ever, in the play's context, as applied tothe facts, the words are mere casuistry.These are the words of Isabella, yieldingto the entreaties of her friend Marianaand pleading with the Duke to spare thelife of Angelo, who had been acting asthe Duke's deputy during the Duke'sabsence. Angelo had sentenced Isabella'sbrother, Claudio, to death-a lawfulalthough a harsh decree-and Isabellabelieved that the sentence had been car-ried out (and so did Angelo, although ithadn't been) despite Angelo's promise tospare her brother's life if she, the chasteIsabella, would sleep with him-Angelothought she had, but in fact she hadn't.(Is this sentence too involved?) Havingaccomplished his purpose (so he thought)Angelo reneged on his promise, andordered the execution to proceed. Thus,"his act did not o'er take his bad intent."Rather,

Look, if it please you, on this mancondemn'd

As if my brother liv'd. I partly thinkA due sincerity govern'd his deeds,Till he did look on me: since it is soLet him not die. My brother had but

justice,In that he did the thing for which

he died.

But Isabella did not know that the rea-son Angelo broke his promise to spareClaudio's life was not to let justice takeits course, but rather because he fearedthat if Claudio was permitted to live hewould become an implacable enemy.Under the circumstances, Isabella's finewords sound hollow. Angelo had beendoubly guilty of gross abuse of power:"in double violation of sacred chastity,and of promise breach."

Parenthetically, reference to Measurefor Measure brings to mind that, in hisU.W. Law School address in honor ofJudge Fairchild, Justice Stevens referredbriefly to the relationship of law and lit-erature, and cited by way of illustrationMelville's Billy Budd and Shakespeare'sMeasure for Measure.

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More recently law and literature seemsto be capturing the attention of schol-arly writers on legal subjects. Theyremind us that many of the argumentson both sides of issues of current con-cern, such as the value of the death pen-alty or the wisdom of strict and literalinterpretation of unambiguous statutorylanguage, have been cogently stated inworks such as Billy Budd and Measurefor Measure. Reference to literary mas-terpieces also demonstrates that legisla-tors are not the only wise authors whodelegate to the reader the task of fillingin some of the details of a well-writtenstory.t-

In Billy Budd, a young seaman, inno-cent, guileless, reacts with quick outrageto a petty officer's false accusation thathe has been conspiring to commitmutiny, and strikes the officer a death-causing blow with his fist. The youngseaman is tried and convicted by a hastycourt martial and hanged in front of theentire crew. In Measure for Measure, aDuke, convinced that a pattern of disobe-dience to law has afflicted his subjectsbecause he had been too lenient withoffenders, takes temporary leave, andentrusts his deputy with the reins ofpower. The Duke's expectation thatAngelo will take corrective action is ful-filled "in spades:' Claudio is condemnedto death for having committed theoffense of fornication and bastardy.There had been too much mercy; now,too much rigor.

These two works are both concernedwith great themes of jurisprudence-jus-tice and morality; mercy versus rigor;and mercy to an offender that may belack of mercy to society as a whole. InBilly Budd, the implicit question is when,

if at all, harsh punishment of an individ-ual, in disregard of circumstances cryingfor compassion, is justified in the interestof the general good-in the story, to warnoff and dissuade potential mutineers on awarship at sea detached from the fleet.In Measure for Measure, again the themeis the tension between mercy and rigorin the administration of justice-thus,Angelo's harsh treatment of one culprit(Claudio) serves to set an example-towarn people to mend their ways, for soci-ety's good and their own good (exceptingClaudio who is to have his head choppedoff.] Now it's Angelo's turn to be judged.What shall it be? An eye for an eye? A lifefor a life? That's one kind of measure formeasure. Or, the kind of merciful justicetaught in the Sermon on the Mount, fromwhich the title of the play, Measure forMeasure, is taken?

And so, returning to the subject of thissection, it seems there is a consensus onthe Supreme Court of the United Statesthat "Shakespeare knew the law of histime." This consensus jibes with the opin-ions of many other law-trained analystswho have noted that Shakespeare's playsand sonnets are sprinkled with law termsand law concepts, accurately employed. 12There has been speculation as to thesource of this knowledge-was Shake-speare a clerk in a law office in Stratford-on-Avon before setting out for Londonand a theatrical career? When in London,did he hobnob with law students andlawyers in the Inns of Court? Or did heabsorb a lot of law by being frequentlyinvolved in litigation and real propertytransactions? There have been evenextravagant assertions that someoneother than Shakespeare-a real lawyer-wrote the plays. But let's not get carriedaway. Toparaphrase Gertrude Stein, agenius is a genius is a genius.

Footnotes(1)Browning-Ferris Industries v. Kelco Dis-posal, footnote 4 infra. Justice O'Connor con-curred with parts I, III and IV of the majorityopinion-agreeing that due process questionshad not been properly presented and that theaward of punitive damages should not be over-turned as being in conflict with any federalcommon law. My attention was called to theseShakespearean quotes by Robert Lutz, Esq., inhis segment of the presentation on Tort Dam-ages given in Madison, WI, on October 18,1989, under the auspices of ProfessionalEducation Systems, Inc.

(2)When I was not long into my project,William Ebbott sent me an excerpt from theLaw Library Journal (Vol.78, 365-370, (1986))prepared by the Reference Desk of the BiddleLaw Library, that showed I was not the first toraise the question "How many times has theSupreme Court of the United States cited

Shakespeare?" Their Lexis-Westlaw searchreported "twenty-four cases that mentionShakespeare the author by name:' The discus-sion makes interesting reading. The presentdiscussion is more restricted in scope, beingconcerned primarily with instances whereShakespeare has been quoted.

(3)The Lexis and Westlaw searches usedvariations on the spelling of Shakespeare'sname to find references to Shakespeare in theopinions. No attempt was made to search forreferences to Shakespeare's works absent hisname because of the obvious magnitude ofsuch a task. The references were then exam-ined individually to determine where actualquotations were used. (Footnote by WilliamEbbottj

(41Milkovich v. Lorain Journal Co., 110S.Ct. 2695 (1990)at 2702.Browning-Ferris Industries v. Kelco Dis-posal, 109S.Ct. 2909 (1989)at 2928Coy v. Iowa, 487 US 1012(19881at 1016Basic Inc. v. Levinson, 485 US 224 (1987)at 262Tison v. Arizona, 481 US 137 (1987)at184Johnson v. Transportation Agency 480US 616 (19871at 674Colorado v. Connelly, 479 US 157 (1986)at 172Walters v. National Assoc., 473 US 305(1985)at 371Dames & Moore v. Regan, 453 US 654(1981)at 675US v. Apfelbaum, 445 US 115(19801at131Brown v. Felsen, 442 US 127 (1979)at138Lakeside v. Oregon, 435 US 333 (1978)at346US v. Watson, 423 US 411 (1976)at 438Levy v. Louisiana, 391 US 68 11968)at72-73Magone v. Heller, 150 US 70 11893)at 74

The reader should refer to this footnote at allappropriate places in the text.

(5) 335 US 464 (1964)(6) Hannegan v. Esquire, 327 US 146 11946)(7)Central Hudson Gas & Electric v. Public

Service Comm., 447 US 557 ( ) at 580(8)An enlightening presentation of Shake-

speare's contribution to our language is in"The Story of English" (McCrum, Cran, Mac-Neil. Viking, 1986. at 98-105).

(91See Pacific Mutual Life Ins. Co. v.Haslip, US Sup. Ct. 89-1279, argued 10-3-90,decision announced 3/4/91.

(10)See, for example, Posner, Law and Liter-ature: A Misunderstood Relation (1988,Har-vard U. Pressj

(11)For follow-up cases, see State v. Tho-mas, 150Wis. 2d 374 (1989)and Maryland v.Craig, nos. Ct. 3157 (1990).

(12) "AJudge's Use of History" by JusticeJohn Paul Stevens, the First Thomas E. Fair-child Lecture, published as an occasionalpaper by the UW Law School, 1988, at pp. 4-5.

(13)To economize, let me reference onlyone book on the subject-Philips, Shakespeareand the Lawyers, Methuen, 1972; that booktakes into account much that had been previ-ously observed by others.

9

Taxes, Ann Landers, and the Law SchoolSusan S. Katcher ('90)

"Basic tax, as everyone knows, is theonly genuinely funny subject in lawschool. It is an appreciation of humangreed four morning hours each week."!This tongue-in-cheek quip made by a dis-tinguished professor of taxation mayoccasionally apply to the hypotheticalsand tax cases in a law school class; how-ever, tax problems in "real life" are any-thing but amusing. Last year, as the dead-line for tax returns drew near, theanguish that tax problems can cause wasbrought to the attention of advice colum-nist Ann Landers with the followingletter:

Dear Ann: I am writing about a personaland confidential matter that has botheredme for years. I'm becoming frightened anddon't know what to do.

My husband and I have not paid anyfederal income tax since we have beenmarried, which is going on seven years. Weare struggling to pay our bills and can'tafford to hire a tax attorney. Could youcheck your resources and see what wouldhappen if we contact the Internal RevenueService? We know the amount will be stag-gering, but we desperately want to get thismatter cleared up, so we can sleep atnight.

Can you help?- Worried in Madison,Wis.

This letter appeared in the WisconsinState Journal on Thursday, March 1, 1990(2C:3),and one of its readers was another"Ann," Anne Irish, wife of Charles Irish,professor of many tax-related courses,including the infamous Tax I. Annebrought the letter to her husband's atten-tion and suggested that perhaps the LawSchool could offer assistance.

Later that morning, Professor Irishassigned his research assistant the noveltask of reaching the office of Ann Lan-ders and finding out the identity of "Wor-ried in Madison, Wis." Direct contact byphone with Ann Landers' office wasmade, but the desperate letter writer wastruly anonymous, even to Ann Landers.No name was on the letter or envelope;in fact, the only reason the letter hadbeen attributed to Madison, Wisconsinwas because that was the city of the post-mark. The research assistant called back

Genie Campbell of the State Journal, whohad originally advised calling the ChicagoTribune to try to locate Ann Landers.Genie had said that if Ann Landers couldnot locate the letter writer, the State Jour-nal would try. And that explains thesmall sidebar item four days later:

Legal aid offered to "Worried" whodidn't pay taxes

Help is being extended by the UW-Madison Law School to the woman whois frightened because she and her hus-band haven't paid federal income taxesin almost seven years. She asked AnnLanders ... for advice ....

Faculty members in the law schoolwill represent this couple withoutcharge. If you are that couple, pleasecontact Genie Campbell, features editorof The State Journal ... She will referyou to the right people. Confidentialityis guaranteed.

Meanwhile, still on March 1, 1990,Professor Irish let the students in his TaxII (Taxationof Corporations] class knowthat he was offering a one-credit directedresearch project to any interested stu-dents willing to help the letter writer.Three second-year students signed on tothe project: ValBailey-Rihn, John Fricke,and Kevin Whitmore. These were joinedby third-year law student, Walt Skipper.In addition to the basics of Tax I, the stu-dents brought outside experience to theproblem. Both Valand Walt were certi-fied public accountants, and Kevin hadworked in an IRS regional office for sev-eral years before law school. Thus, withthis capable student group and theresearch assistant, and with ProfessorIrish as a resource for trouble spots, theLaw School was ready to offer pro bonoassistance.

The identity of the letter writerremained an unknown for only a shortwhile. Response quickly followed the .State Journal's sidebar offer of help.Genie Campbell got many responses:"Youwouldn't believe how many!" Sheultimately referred two to the LawSchool; one was the person who actuallywrote to Ann Landers; the other, a family

whose story was so sad that Genie hopedthe Law School would be able to aidthem.

And that is indeed what happened.Through a sequence of separate meetingswith the families beginning in lateMarch, 1990, and continuing throughAugust, 1990, interspersed by individualresearch, calculations, and filling outforms by the students, the Law Schoolwas able to assist both families.

For the family who originally wrote toAnn Landers, the Law School helpedthem complete federal and state taxreturns for 1989, at which point theythen were able to deal with their out-standing tax years. The Law Schooldropped out of the picture after this fam-ily contacted the Service's RegionalOffice and arranged an on-going paybackschedule with the IRS.

As for the non-Ann Landers family,filing federal and state tax returns for thecurrent tax year resulted in tax refunds.They also received money from previousyears because their tax withheldexceeded the tax that had been due. Thiswas a pleasant outcome for people whoinitially had been terribly concerned thatthe IRSmight take their car because ofthe taxes they thought they owed.

With the combined help of The Wis-consin State Journal and Genie Campbelland the second- and third-year law stu-dents, the Law School was able to helptwo distraught families; for the students,the experience brought together the the-ory of the classroom with the actuality ofthe outside world. Paying taxes hasunpleasant associations; however, not fil-ing tax returns, as the students quicklycame to realize, can be truly agonizing. Itis not always the case, of course, but forthese particular families, fortunately,there were relatively pleasant resolutionsof their tax situations.

Susan Katcher (J.D., UW '90; is AssistantDirector of the East Asian Legal StudiesCenter at the Law School. She was researchassistant for Professor Charles Irish during1989-1990.

1. Ginsburg, "Teaching Tax Law After TaxReform," 65 Washington L.Rev. 595 (19901.

10

UW Law SchoolBoard of Visitors Report 1990Alan R. Post, ChairpersonFrank L. Bixby, Vice-Chairperson

Artist's conception of Law Building addition from Chadbourne Hall side.

IntroductionIn general, the Board of Visitors foundthe Law School community in impres-sively good shape, although in a substan-tial need of a first class facility to serve afirst class law school. A review with theLaw School administration, Law facultyand Law students convinces the Board ofVisitors that a substantial remodeling andenlargement of the Law School facilitiesin necessary. Constructed in 1964andmodestly enlarged in 1979, the LawSchool was never intended to servetoday's 900 students, but rather wasintended to serve only 650 or so.

A plan is in the conceptual stages toenclose the courtyard and the central cor-ridor as a primary means of gaining addi-tional space not only to accommodate allof the teaching functions but to bring intothe building functions that have beenconducted elsewhere, such as some ofthe clinical programs. We understand theUniversity is moving slowly and deliber-ately in considering these plans, and thatthe Law School is making progress insecuring the necessary authorizationsfrom the University of Wisconsin systemand ultimately from the Legislature.

The Directors of the Wisconsin LawAlumni Association and the Board of Vis-itors stand ready to assist the Law Schoolin this endeavor. As soon as the neces-sary preliminary authorizations areobtained, it is our expectation that theUniversity of Wisconsin Foundation willincorporate a portion of this $13millionbuilding project in its projected #350 mil-lion capital campaign intended to benefitthe entire University of Wisconsin-Madison.

The following items were brought tothe attention of the Board of Visitors.

Building PlansProfessor Kidwell briefed the Board ofVisitors on the details of the building ren-ovation. The Law School decided not toattempt to build another building at a dif-ferent site but rather to make the best ofits present site on Bascom Hill. A new

building might cost $25-30 million andbe located far from the central part of thecampus. Principal objectives are to makethe present building more accessible,more usable, and more capable of hold-ing all of the programs assigned to theLaw School, including a further enlarge-ment of the library.

The principal means of accomplishingthis end would be to enclose the court-yard, build two basement levels belowthe present courtyard, and to enclose thecentral outside walkway that now existsnorth and south through the courtyard.This would provide the Law School withan additional 11,000square feet for a costof approximately $13million.

In addition to more teaching space,space will be assigned to the clinicalspace that is currently obtained in out-side buildings, additional space for thelibrary, and additional space for Continu-ing Legal Education functions. Thisrebuilding project will bring the LawSchool to a point where it can accommo-date its present student body. It is notmeant to increase the size of the studentbody or faculty.

The immediate objective is to obtain

some $500,000 of planning money in thisbiennium in order to meet a target occu-pancy date in 1994.

The Board of Visitors favors thisproject and is planning to make its viewsknown to the various lawyer-members ofthe University of Wisconsin Board ofRegents, among others.

AdmissionsProfessors Walter Raushenbush and Gor-don Baldwin reviewed the current statusof admissions to the Law School. 1968was the last year that Wisconsin LawSchool was able to accept for admissionall qualified individuals. The presentnumber of applications is twice the num-ber received as late as five years ago.Currently, 1,800 applications are receivedfrom non-residents and some 800 fromresidents of Wisconsin for 285 first-yearclass slots.

The standards are the same for resi-dents and non-residents. For the currententering class the present median gradepoint average is 3.23 and the LSAT~edia? is 36. There is an effort to bringdiversity to the members of the first year

class. Approximately 60% of the criteriaare weighted toward the grade pointaverage and the LSAT,with the other40% devoted to other factors, fordiversity.

Clinics1. Legal Assistance to Institutionalized

PersonsProfessor Walter Dickey described thecurrent Legal Assistance to Institutiona-lized Persons (LAIPlwhich grew out ofthe Law School's earlier work with insti-tutionalized persons. There is a programof placing 24 students in District Attor-neys' offices as a clinical opportunity.There are also eight in State PublicDefenders' offices. A program being con-sidered is a reconciliation project underwhich offenders and victims will becounseled. TWoof the judicial membersof the Board of Visitors expressed theview that the LAIP program has beenvery helpful to the trial courts.

11

2. Legal Defense ProjectKrista Ralston described the LegalDefense Project (LDP)which targets indi-gents for legal advice. Students are fur-nished under the Wisconsin SupremeCourt licensing procedures to clients forthe purpose of handling misdemeanorsand other such matters. Ms. Ralston alsoteaches a trial advocacy class. She wouldlike to expand the LDP to include juve-nile matters and felonies. There are con-siderable funding limits. The State PublicDefender provides funding for approxi-mately 1,000 cases per year which is sup-plemented by the Law School.

There are currently 20 students in theprogram and many others have beenturned away. The student demand forthis program will clearly justify an expan-sion, but the funding is not there. In anideal world, the present staff would besupervising 15or 16 students instead of20. Supervisors are currently workingabout 50 hours per week. This programdiffers from that of the LAP in that stu-dents are continuously supervised bymembers of the Law School staff. Underthe LAP,students are supervised by thePublic Defender or the District Attor-ney's offices.

3. Center for Public RepresentationCPR is a public interest law firm whichaccepts interns from the Law School.Louise Trubek described the work of heroffice as targeted to the needs of theelderly, people with AIDS, women, and

administrative agency matters. It is anindependent non-profit organizationreceiving its own funds. It is seekingfinancial assistance from law firms, cor-porations, and other charitable organiza-tions.

There are 15-20 students in this pro-gram. There has been some movementnationally toward requiring some publicinterest work as a mandatory pro-bonoitem in law school requirements. Ms.Trubek endorses such a program for Wis-consin.

Students with Special NeedsTrey Duffy, Director of the McBurneyDisability Resource Center, described thepopulation of students with special needsat the University of Wisconsin-Madison.There are some 900 students out of over40,000 who are self-identified as personswith disabilities. By category, the largestcategory is 185with learning disabilities,90 with diabetes, 81with arthritis, 70with mental illness, 60 with visualimpairments, and 50 with hearingimpairments.

The current Madison Plan is designedto create additional diversity for the UW-Madison campus.

State of Wisconsin figures show some9% of persons with disabilities in highschool, while there are barely 2% at theUW-Madison, There should be increasedoutreach to persons with disabilities tobridge the gap between the number of

persons with disabilities served in highschool and those presently served at theUW-Madison.

There is presently a budget proposalto increase services to students with dis-abilities by $11/2 million over two yearsfor the entire UW system, including 36extension centers. This has not yet beenadopted.

Mr. Duffy also has pending on theChancellor's desk a proposal to moreeffectively implement current UW sys-tem policy on the UW-Madison campus.The effort is to adopt as rules existingpolicy and to provide a Vice Chancellorto apply the rules. There is a need, first,to specifically lodge the authority to pro-vide the necessary accommodations withthe various departments with the adviceand assistance of the McBurney ResourceCenter, and then to resolve any dead-locks that might occur. There needs to bea Vice Chancellor for student affairs withclear oversight responsibilities over theneeds of persons with disabilities.

There also needs to be some workthrough the Placement Office, to makethe needs and abilities of students withdisabilities known to employers.

The campus lacks an accessible transitsystem. A new federal law, the Ameri-cans With Disabilities Act, will begin torequire changes in this respect. TheMcBurney Center is engaging in self-helpby attempting to raise its own funds tobetter provide direct services to studentswith disabilities.

12

Legal Writing ProgramThere has been an increase in fundingfrom $5,000-$20,000for teaching legalresearch during the fall semester. Thishas resulted in less emphasis on teachingassistants and has greatly improved theprogram.

The Writing Thtorial program has alsohad a significant increase in fundingsince last year. Last year, two part-timeteachers were funded at a level of 75% ofone full-time position. Now, the teachersare sharing the equivalent of 100%of onefull-time position.

One notable challenge for the entireLegalWriting staff is that the studentbody is drawn from a wide array of disci-plines, some of whom have taught writ-ing styles and techniques entirely differ-ent from styles and techniques useful inlegal writing.

There is a course in Advanced LegalWriting, the demand of which greatlyexceeds the capacity of the course. About50 students want to take lit, but only 28are allowed to do so.

It is expected that the PlacementOffice will be remodeled within the nextyear, using some of the $35,000 in feesobtained from employers interviewing inthe current facilities.

The current median starting salary fora Wisconsin law graduate is $41,000.

The legal market is such that employ-ers often focus on only the top studentsfrom each law school class. The Board ofVisitors recommends additional servicesfor the rest of our students. We supportDean Bernstine's efforts to secure moreresources for the Office of Career Ser-vices. While funds generated by on-cam-pus interview fees have already beenapplied to such things as regional inter-view consortia and alternative careermaterials, more time should be madeavailable to assist students with suchthings as career planning and inter-viewing skills. This assistance could eventake the form of required classes. Stu-dents who are not at the top of their classmake up the majority of our alumni. Wemust upgrade our efforts to assist themso that they will remain supportive of ourSchool.

Faculty Self-Study and CurriculumAssociate Dean Jerry Thain reported thatthe faculty and staff had met in a retreatin February 1990on the Futures Report.The faculty separately met in a retreat inOctober to consider the same report. Theself-study process is required for theaccreditation of the Law School sched-uled for 1992. Concerns of the facultyinclude the following: (1)lecturer-taughtcourses, instead of full-time faculty; (21the grading system; (3)the sense of com-munity; (4)skills versus content courses;and (5)ability of the faculty and Dean tojudge the character and fitness of newgraduates for admission to the WisconsinBar under the Diploma Privilege.

Legal Education andOpportunities ProgramCreated in 1968, the Legal EducationOpportunities (LEO)Program has suc-cessfully assisted over three hundredminority students graduated from theUW Law School. The goals of the LEOprogram continue to be the same as in

LibraryBlair Kauffman reported that the libraryis in fairly good shape with respect tospace and additional holdings, but stilldesperately needs additional supportstaff. The Law School library budget hasincreased from $900,000 to $1.4millionover the past several years, but Wiscon-sin is still second from the last amongpeer institutions. Both LEXISand Wes-tlaw are now a required part of the cur-riculum for the first year legal writingand research course.

PlacementThere has been a 10%decrease in on-campus interviews this year from lastyear's peak, according to Assistant Deanand Placement Director Edward J.Reisner. This reflects a softening of thelegal marketplace for lawyers. The Place-ment Office is participating in groupinterviews in the Washington, D.C. areaand for patent lawyers in Chicago. Thisis a more economic means of arrangingfor productive interviews for lawstudents.

There is also an effort to develop amentor program with current membersof the Wisconsin Bar "adopting" individ-uallaw students. The Placement Officeintends to obtain videos to assist studentswith more effective interviewing tech-niques.

13

of the Law School population, which isbetter than the UW-Madison campus asa whole.

A prominent news magazine hasranked the UW Law School 20th academ-ically. The Dean projects three new fac-ulty members for 1991,and is in the mar-ket to attract law professors for businessand environmental law.

Any capital campaign should focus on:(1)the building plans; (2)faculty develop-ment; (3)student research; (4)loan for-giveness for those opting for public inter-est careers; and (5)library enhancement.

The Board of Visitors was extremelyimpressed with Dean Bernstine's take-charge attitude and the progress he hasmade in the first 100days in office. Weenthusiastically and without reservationsupport his deanship.

1968: 1)to increase the number of attor-neys from minority groups under-repre-sented in the legal profession, and 2) toincrease the number of minority lawyerswith competent legal skills in Wisconsinwho can serve the state's minoritypopulations.

During the 1990-91 school year, theLEOprogram serves eighty-six studentsincluding: 15Native Americans, 22Latinos, and 48 African Americans. Fiveof the LEO students receive servicesthrough the Mcburney DisabilityResource Center.

The LEO program is successfully pre-paring minority students for diverse legalcareers. The LEO Class of 2989 graduatesincluded: assistant public defender (2),associate in private law firm (4),federaljudicial clerkship (21,legal aid attorney(1),assistant district attorney (1),Environ-mental Protection Agency attorney (1),and Justice Department Civil Rights Divi-sion attorney (1).

The Board of Visitors applauds theLEOprogram and encourages its contin-ued service to the School, the profession,minorities, women, and persons with dis-abilities.

Student ViewsOnly a handful of students joined theBoard of Visitors at a luncheon at theWisconsin Union. The focus of their con-cerns was primarily on the quality of thelegal writing program, and to a lesser

extent, on the absence of greater num-bers of business law and environmentalcourses.

Dean's ReportDean Bernstine reported that the renova-tion of the building is moving forward.The Dean strongly supports the renova-tion and urges the Board of Visitors toassist the Law School and Madison cam-pus administration in the effort to securea more up-to-date facility. Faculty salariescontinue to remain low, and future newas well as "catch-up" pay increases con-tinue to be a priority. The PlacementOffice will soon be renovated with someof the fees generated from employerinterviewers. The alumni and placementfunction should be separated and morestaff supplied to enable Wisconsin lawgraduates to compete more effectively inthe declining legal marketplace.

There are currently 49 faculty mem-bers, with 10-15 on leave at anyonetime. There is a 1992American Bar Asso-ciation/Association of American LawSchools re-accreditation visit scheduled.The proposed rebuilding is an essentialpart of compliance with accreditationstandards. Dean Bernstine plans to redothe Law School catalogue to properlymarket the Law School to the best stu-dents, and to promote its strong pro-grams. The Law School's Legal EducationOpportunities program for minorities andother disadvantaged groups includes 10%

Meeting with the ChancellorChancellor Donna Shalala visited withthe Board of Visitors and impressed thegroup with the sincerity of her concernsfor the Law School and its needs, particu-larly the need for a renovated building.There will be an accreditation review in1992,which will involve an outsidereview of the building and the quality ofthe Law School's physical facilities aswell. It is essential that the current facil-ity be upgraded.

Chancellor Shalala described the cur-rent financial picture for the school andindicated that a further student feeincrease may be needed to bring the Wis-consin Law School student more into linewith its' peer Big-Tenschools.

Assessment and ConclusionDespite the obvious need for a renovatedbuilding, it is the impression of the Boardof Visitors that the Law School is operat-ing effectively in fulfilling its mission toeducate and train good lawyers. It isoperating remarkably efficiently with itscurrent level of resources. We believethat a major priority at this point is toobtain state approval of the plans torebuild and renovate the existing buildingto better accommodate what is a firstclass Law School. There are a number ofother areas that could use enhancedfunding such as legal writing and place-ment, which will enable the Law Schoolto more effectively market the quality ofits students.

14

Wisconsin w Alumni Association1990/91 Board of Directors:

Steven R. AllenMilwaukee, WI

David Y.CollinsBeloit, WI

Joel A. HaberChicago,ILPast-president

Jeffrey B. BartellMadison, WIPresident

Shaune CurryMadison, WI

Colin D. PietzWausau, WI

Kirby O. BouthiletGreen Bay, WIVice-President

Thomas J. DroughtMilwaukee, WI

William RosenbaumMadison, WI

Christopher BuggMadison, WI

Leonard R. DubinLos Angeles, CA

Not Pictured:Marianne E. Durken, Minneapolis, MNWilliam J. French, Milwaukee, WISharren B. Rose, Green Bay, WI

Board of Visitors:

15

James T. BarryMilwaukee. WI

Irving D. GainesMilwaukee, WI

Aaron GoodsteinMilwaukee, WI

Thomas J. BauchSan Francisco, CA

Jeffrey GershmaoSt. louis, MO

David J. RaseMilwaukee, WI

Frank L. BixbyVice-ChairmanChicago,IL

Martha E. GibbsPhoenix, AZ

John A. KaiserEau Claire, WI

Eric R. ChristiansenMilwaukee, WI

Daniel L. GoelzerWashington, D.C.

Edward L. LevineNew York, NY

16

Bruce LoringChicago, IL

Edward J. PronleyMilwaukee, WI

Arnold WeissWashington, D.C.

Richard McNeilMinneapolis, MN

William T. RieserMadison, WI

Rebecca YoungMadison, WI

Peter G. PappasLa Crosse, WI

John S. SkiltonMadison, WI

Andrew ZafisSan Diego, CA

Alan R. PostChairmanWicbita, KS

Susan R. SteingassMadison, WI

Not pictured:Lawrence Gram, Jr., Milwaukee, WIE. Ann Kerns, Milwaukee, WIEdmund Manydeeds, Eau Claire, WIMary Traver, Milwaukee, WIPeter M. Weil, Los Angeles, CA

The Meaning of LifeJohn Patrick Bovich. ('90)

17

I'm finding it hard to believe we're fin-ished. I really do think that we're goingto miss law school. Some of us more thanothers anyway. Before it's completelyover-I thought I would walk us throughthe law school experience one more time.

I have divided my speech into threeparts and each part will represent a yearin our law school experience. In true lawprofessor fashion, I will now give you abrief "summary of the format" and hope-fully each segment of the speech willremind you of a year in law school.

The first hour of my speech will con-sist of a question and answer session-with a slight modification.

There will be no answers.During the second hour, we will focus

on a number of issues raised by the stan-dard form rejection letter. For example,how come the number of extremely tal-ented job applicants is unusually highevery year? Also, how do they know mywriting sample is fine-when I nevergave them one?

Finally, that with which we are mostfamiliar, the third hour. So that all of usin the room can get a good understandingof the third year of law school, the thirdhour of my speech will actually last agood five hours.

Actually, the speech isn't going to hap-pen that way. Come on, I told you that Iwas going to do this as a law professorwould, so I can't very well stick to mystructure can I?

In fact, I'll only keep you a moment.What I really wanted to talk about

today is a certain philosophy or approachwhich I hope we all keep in mind-nomatter what we do-whether or not itinvolves the law.

Let's make sure we keep a good bal-ance in life.

Remember to take breaks.It isn't a complicated philosophy, but

it is much more easily said than done. Ihope I can remember it. Don't get me

wrong-I'm not saying that I don'tbelieve in hard work. I sincerely thinkthat the law is a fantastic profession. AndI also know that there is an enormousamount of work to be done for an awfullot of people and an awful lot of causes.But, if work is the only thing upon whichwe spend our time-we will miss out ona lot of the really good moments in life(and in the long run I think that thatcauses work to suffer anyway).

When I say moments, I'm speakingvery generally. A good moment can beanything you want it to be. A good con-versation, time spent with a friend, agood daydream-and when I say "day-dream" I mean daydream! The best onesI've had have lasted the entire day, with-out interruption. And of course, closelyrelated to the daydream is the oldstandby-the afternoon nap.

We have not had time for many ofthese moments during law school (O.K.,at least not during the first two years).There seems to be an attitude that lawschool is a few years of intense workafter which we'll all be able to relax.Well, that my be partially true (how isthat for lawyer talk, "that may be par-tially true?"). However, regardless ofwhat we go on to do, it probably will notget any easier to find time for thesemoments. It gets harder.

It can become second nature to seelife as a series of tasks to check off on alist, or a bunch of mazes or obstaclecourses where we earn grades or dol-lars-so that we can cash them in later.

At times it really feels that way. But Isincerely hope that we never forget tomake room for the moments. Becausewhen you get right down to it-and seelife for what it really is ...

It's just a whole bunch of moments.And so, congratulations to us. I'm sure

we will all take a good long time to enjoythe moment. And I thank you for givingme this one. Take care.

Mr. Bovich was selected by his classmates todeliver these remarks at the 1990 LawSchool graduation.

18

Featured Alumni: Charles F. Luce ('41)Timothy R. Verhoff

When Charles Luce was a child, he usedto sing He's Got The Whole World In HisHands. And in 1967,when he becameChairman of the Board and Chief Execu-tive Officer of Consolidated Edison, hesurely felt like he did have the wholeworld in his hands. Maybe he didn't havea hold of the whole world, but he wasclose. Charles Luce had all the electricalpower in New York City in his hands.

Born in Platteville, Wisconsin, Luceattended college there for two yearsbefore he transferred to Madison.Because he was on a combined programwhich allowed a student to receive botha B.A. and an LL.B. in six years, Lucemanaged to graduate from the Universityof Wisconsin-Madison in 1941.He insiststhat was intrigued by the practice of lawfrom an early age.

"I had an uncle who was the Judge ofWalworth County, Judge Roscoe Luce,who used to describe his cases to mewhen I was a kid. He told me that Ishould grow up and go to law schoolbecause by that time, he would want toretire as a judge. Then we would go intopractice together. I went to law school,not just on the basis of that conversation,but because I was interested in it. By thetime I was a senior in Law School, I real-ized he had long since forgotten about hisresignation. Instead of opening a practicetogether, I served as his clerk for a coupleof summers," Luce joked.

Although he originally intended toreturn home and practice after lawschool, Luce received a Sterling Fellow-ship. So, he continued his schooling atYale University. "Professor Willard Hurstsaid that he felt I should get out of theMississippi Valley for a year because Ihad been born, raised and planned topractice there. He thought that I couldget a scholarship to an Ivy LeagueSchool. I followed his advice and appliedat Harvard, Yale, and Columbia Universi-ties. I surprisingly got Fellowship offersfrom all three of them," Luce com-mented.

"When I got the Sterling Fellowship atYale, there was a prerequisite that I hadto have a B.A. degree. I went to the Deanof Letters and Science, and he figured amajor out for me called American Institu-tions. I don't think that anybody beforeor since has had one like that:' he added.

After finishing his education, Lucewent hitch hiking throughout America"just to see the country." He fell in lovewith the Pacific Northwest and plannedto move there. But World War II brokeout and Luce felt that "going therewouldn't be the right thing to do."

Instead, Luce attempted to enlist inthe Air Force as a tailgunner, but he wasnot accepted because he suffered frompolio. "Professor Hurst suggested that Ijoin the Board of Economic Warfare." Lis-tening to this suggestion, Luce joined theB.E.W. as an attorney in 1942.

Luce worked for the B.E.W.for oneyear, leaving in 1943 to become the lawclerk to Justice Hugo Black for theSupreme Court term of 1943-1944. "Itwas one of the great years of my life,intellectually and in other ways," recalledLuce. As soon as he finished clerking forJustice Black, Luce pursued his dreamand move to the Pacific Northwest.

He landed a job in Portland, Oregonas an attorney for the Bonneville PowerAdministration. However, after workingtwo years with the Power Administration,he decided to open his own practice."Even while I was in Wisconsin, Iwanted to go into general practice on myown. When I got out West, I found thatyou had to live in a state for a year beforethey would let you take the bar exam. Itook the Oregon bar in 1945. Then, Imoved to a suburb of Portland. As soonas I passed the Washington Bar, I movedto Walla Walla and set up my practice. Iloved private practice. I had all types ofclients: ranchers, merchants, Indiantribes, and ordinary people. I used to getout of bed and want to get down to theoffice every morning."

After fifteen years in private practice,Luce left and was appointed BonnevillePower Administrator by Interior Secre-tary Stewart L. Udall. "When I came outWest, I became good friends with SenatorHenry [Scoop]Jackson. I became friendswith Scoop when he came to ask peopleto head up his campaign for the SenateRace of 1952. Fifteen years later, he sug-gested that it would be helpful if Ibecame a delegate to the DemocraticNational Convention. He wanted to beJack Kennedy's vice-president. Not longafter that he talked to me about becom-ing the Bonneville Administrator. My law

Charles Luce

practice was very good, probably the bestin the county. I was hesitant to leave, butI decided to take the job. I was at Bon-neville for five or six years. While there,I hoped to be appointed Federal Judge.Senator Jackson told me it would be eas-ier to appoint me a Federal Judge fromBonneville than from a small privatepractice in Walla Walla. The appointmentnever came about though."

In 1966President Johnson appointedLuce Undersecretary of the Interior. "Iwas only there about three months whenthree men from New York called uponme out of the blue and asked if I wouldbecome the Chairman of ConsolidatedEdison," Luce added.

Accompanied by his wife Helen andhis children: James, Christine, Charles,and Barbara, he moved to New York totake the job with Con Ed. On August 1,1967,Luce became the head of Con Ed.

Consolidated Edison started supplyingpower to New YorkCity in 1823. It beganas an outgrowth of the New YorkGasLight Company and Edison Electric Illu-minating Company, originally financedby a group including J.P.Morgan. And itsfirst power plant was built under ThomasEdison's personal direction.

Realizing that electricity, not gas, wasthe way of the future, the ConsolidatedGas Company quietly bought the votingstock until it gained the controlling inter-est. By 1936, the company had officiallychanged it's name to Consolidated Edi-son, and supplied power to Manhattan,the Bronx, Brooklyn, Queens and South-ern Westchester County. By the timeLuce took over as Chief Executive Offi-cer, Con Edison served some 9,000,00people in New YorkCity and had over77,000 miles of underground cablethroughout the city.

"They had a lot of public relations andenvironmental problems at Con Edbefore I took over," Luce commented."They decided to go outside the companyand hire a new CEO. I guess he heardabout my work at Bonneville. I foundthat the company was in terrible shape,not only from a public relations stand-point, but from a financial standpoint.They had allowed their properties to rundown. They became so depreciated andobsolete, that the money needed to bringthem up to standard was enormous. Ireally didn't know what I was gettinginto. However, I was there, so I toughedit out," Luce said.

Immediately, Luce began making

improvements. He modernized thegenerating plants and added new generat-ing capacity. "I added more than thecompany had in total when I came here.We revised and quintupled our transmis-sion capacity, connecting us with othercompanies," remarked Luce. He alsodecentralized the company by increasingminority employment from about eightpercent to twenty-five percent. "Con Edwas strongly Catholic, Irish, and Italianwhen I joined it. I opened the companyto all the ethnic, religious and racialgroups that we served," he added. And1971Luce implemented the pioneer util-ity conservation program called "Save-A-Watt."

Although supplying the power to NewYorkcity may sound intimidating tosome, Luce maintains that it didn'tfrighten him. "I don't think I was intimi-dated. But it was a job that I had to trainfor. I was constantly faced with difficul-ties. So, I had to get to bed at a decenthour and make sure my mind was rea-sonably clear and sharp all day long. Itwas hard. About half of the nights duringthe fifteen years I spent with the com-pany, I stayed in the city in a companyapartment."

Despite making great strides inimproving the company, Luce sufferedsome setbacks, including the great black-out of 1977. "When machines are run bypeople, things can go wrong that youdon't anticipate. In this case, there werea number of mechanical failures thathappened and backup systems didn'tfunction. We had a system, the Auto-matic Load Shed, that was supposed to,when the frequency of our electrical cur-rent dropped as it will when it is over-loaded, automatically trip out certain sec-tions of our service area so that thegeneration will balance with the load.When you have a blackout, the load onyour system is greater than you genera-tion capacity, and it just pulls the genera-tors down. This automated system didn'twork. We thought we had four or fivebackup systems including that one thatshould have prevented it, but theydidn't."

Luce handed over his responsibilitiesas Chief Executive Officer in August 1981and retired as Chairman of the Board onAugust 31, 1982. "Father-time helped memake the decision to retire. I reduced themandatory retirement age for officersfrom 68 to 65 when I joined the com-pany. And somehow, I got to be 65."

19

Returning to private practice, Luceopened a Portland branch office of a Seat-tle firm. However, he found it difficult toreturn to private practice. "The practiceof law had changed. When I practicedlaw in WallaWalla, it was unethical topursue a perspective client. When Ireturned I found that the prevailing cus-tom, even in the best law firms, was tochase clients. Also, the overheads in theoffice were not that great when I beganmy practice. Twenty years later thischanged too. It became so expensive:computers, Lexis, salaries, insurance,pension plans, health plans, and thingslike that. Not that these are bad or notneeded, but the costs have risen so muchthat firms are driven towards theseaggressive business practices. It was notas personally satisfying."

Several years after venturing back intoprivate practice, he left. Luce was theninvited to become a Special Counsel atthe Metropolitan Life Insurance Com-pany in New York City. He began that jobin March 1987and is still there. "I wentout to Portland after working with ConEd in large part because Senator Jacksonhoped that I would. At that time the pub-lic power movement in the North Westwas in terrible shape. The WashingtonPublic Power Supply System had issuedbillions of dollars worth of bonds, andthey ran out of bonding capacity. Scoopthought that I should go out and try towork out compromises and solutions toclean up their financial affairs. In 1983,after I had been out there less than twoyears, Scoop died. That took the steamout of my interest and effectiveness insettling these cases. About that time, thehead of Metropolitan Life suggested Icome work for them," Luce said.

At 73, Luce truly enjoys his work atMetropolitan Life Insurance. "It's a goodjob because I only work when I want to,which turns out to be most of the time. Ilike working without grinding pressure.It's a good way to coast down."

Luce, who wrote a book about histime with Con Edison titled LessonsLearned: Recollections of Fifteen Yearsas Chairman of Con Edison, doesn't planto retire yet. "I'll work here as long as Ienjoy it, and the company thinks I'm use-ful. After that, I might do some morewriting. I might write about my govern-ment experience. I don't know what I'lldo, but I'll stay active."

20

Featured Alumni: Frances Ulmer ('72)Timothy R. Verhoff

Frances Ulmer didn't like working in thebig city. So, she packed up her belongingsand moved to a quieter place: Alaska.Now, almost twenty years after shemoved there, Ulmer has made a name forherself in Alaskan politics.

"I was working with the Federal TradeCommission in Washington, D.C., and Irealized that antitrust was not what Iwanted to do. Besides, it was difficult todo the recreational activities which Ienjoy such as canoeing and hiking:' Withthese sentiments, Ulmer left for Alaska.

Frances Ulmer earned a BAfrom theUniversity of Wisconsin-Madison in1969with a degree in political scienceand economics. She then attended theUniversity of Wisconsin Law School andin 1972received her JD, after graduatingin the top twenty percent of her class.Before graduating, Ulmer clerked for asummer with the Wisconsin AttorneyGeneral's Office and for a semester withJudge James Doyle. After graduation, shemoved to Washington, D.C., where shelanded a job with the Federal Trade Com-mission.

Ulmer moved to Alaska in May, 1973,when a good friend from her law schooldays wrote her about Alaska's beauty."He told me about the location andbeauty; Juneau is surrounded by bothocean and mountains. There was also alot of employment opportunity becausethe oil boom was about to hit, and therewas a great excitement about the pro-posed pipeline."

Once in Alaska, Ulmer began workingwith the Alaska Legislature, draftingbills. She then worked for Governor JayHammond as his legislative assistant,coordinating his administration's legisla-tion. "My interest in politics goes back tomy early days at Uw. During the 1960's,you couldn't help but get involved; therewere a lot of political demonstrations anddiscussions: '

After serving on the local planningcommission, she decided to run formayor of Juneau. "After hearing people'svisions on Juneau, I became convincedthe next mayor should reflect those ide-als. The other candidates were 'business-as-usual: So, I decided what the heck."

She was elected mayor of Juneau onOctober 4, 1983.

As mayor, Ulmer focused on severalissues which impacted Juneau. At thetime she was elected, much of the cityrelied on wells because only a portion ofthe city was served by a communitywater system. "The water quality was aserious concern. We implemented aneight-year program to provide water tothe community. The plan addressedgrowth and identified areas where thereshould be development and areas of lowdensity." She also addressed a seriousalcohol problem which afflicted Juneauby increasing the alcohol tax and limitingbar time.

A third goal on which Ulmer concen-trated was promoting Juneau, a city thatreceives about 250 thousand tourists peryear as a result of the cruise ship indus-try, as a tourist center. "We began adowntown beautification project that putall downtown power lines underground,redesigned the sidewalks, added benches,and planted flowers everywhere. Wemade Juneau a pedestrian friendly areafor tourists:'

Ulmer opted against running for a sec-ond term as juneau's mayor. Instead, shedecided to run for election to the State'sHouse of Representatives. She is cur-rently seeking election to her third term.She also hinted that given the rightopportunity, she may one day run forgovernor. "I enjoy my job, especially thesatisfaction when you find a problem andsolve it. The only part I don't enjoy iscampaigning. It is not a measurement ofhow good a job someone will do. Thereis a lot of theater involved, and miscon-ceptions are often created."

Ulmer believes that being a womanhas had little affect on her ability to beelected. "It hasn't been an issue in myrace. People want to be represented bysomeone who can do the job regardlessof gender or race. It doesn't affect you inAlaska, except perhaps in the governor'selection." She also feels that Alaskan poli-tics differs from other states' politicsbecause, "it is a lot more personal. Theentire population of Alaska is only one-half million people. Yousee people all

Frances Ulmer

the way along the route that know you.It's more like city government becausepeople know each other. When you go tothe grocery store people stop you and askyou about issues of their concern."

When not busy with her politicaloffice, Ulmer spends her time singing ina community choir, or hiking, fishing,kayaking, or biking throughout the splen-dor of the Alaskan scenery. She alsospends much of her free time enjoyingher family. Ulmer is married to a practic-ing attorney in Juneau and has two chil-dren: a son age ten and a daughter agetwelve. She maintains that her family hashad little trouble dealing with her politi-cal career. "It's always been there withthem. They have always experienced theunique aspects of my career: long hoursat the Capitol, television exposure, beingcriticized and applauded, and stacks ofcampaign signs in the basement. It's beenlike that since I worked for GovernorHammond."

Frances Ulmer has made her mark inAlaskan politics. Her title has changedfrom Mayor to State Representative. Per-haps, if all goes well, someday the name-plate on her door will read GovernorFrances A. Ulmer.

Faculty Notes

21

Hastie Fellow Robin Barnes hasaccepted a tenure-track position at theUniversity of Connecticut School of Law;and her most recent article, BlackWomen Law Professors and Critical Self-Consciousness: a Tribute to Denise Carty-Bennia, will be published in the BerkeleyWomen's Law Journal this spring.

Ralph Cagle, Director of the GeneralPractice course has been appointed byState Bar President John Decker to serveon a special committee to study the issueof Practice Specialization and the adver-tising of fields of specialty and to formu-late recommendations to the SupremeCourt. The issue of specialization hastaken on new importance by the decisionof the U.S. Supreme Court in Peel v. Illi-nois Disciplinary Commission. Mr. Caglealso spoke at the mid-winter meeting ofthe Wisconsin State Bar on the topic of"AvoidingLegal Malpractice."

Bill Calhoun, supervising attorney inthe Legal Assistance to Inmates Program,has taken a position on the faculty of theSchool for International Training. He willbe stationed at the Federal University ofCeara in Fortaleza, Brazil. He has workedextensively in the international arena,particularly in Brazil.

Professor Carin Clauss was aspeaker for the Administrative Law sec-tion meeting at the AALSon the topic"Civil Rights and Administrative Law:What Makes Agencies Effective?"

Professor Martha Fineman spoke tothe Family and Juvenile Law Section on"Freedom of Contract Between Spouses,"at the AALSmeeting in January. She wasalso a speaker on the Native AmericanRights panel.

Professor Ted Finman, the U.W.-Madison Faculty Representative to theNational Collegiate Athletic Association,represented the University at the NCAAAnnual Convention in Nashville, inJanuary.

In January, Professor Linda Greenebecame Chair-Elect of the America Asso-ciation of Law Schools' Section on Minor-ity Groups, and was appointed to theExecutive Committee of the AALSSec-tion on Civil Procedure. She was Chairand Moderator of the January 5th Societyof American Law Teachers Awards Din-ner, in Washington D.C., where the SALTawards were given to Dean MarilynYarbrough of the University of Tennes-see, and posthumously to Denise Carty-Bennia.

On January 21, Professor James E.Jones, Jr. received the Reverend Dr.Martin Luther King, Jr., HumanitarianAward by the City of Madison, for "out-standing and significant contribution inthe spirit of brotherhood, sisterhood andharmony toward making our city an idealplace in which to live."

Professor Stewart Macaulay, andhis wife, Attorney Jackie Macaulay, par-ticipated in the Black Law Student Asso-ciation's tour of Dakar, Senegal, January4-12. Highlights included a morning withthe President of Senegal's SupremeCourt, a moving visit and lecture atGoree Island, the port from which mostslaves left for the Americas, and a tour ofrural areas and villages. Dakar's streetand market place traders are well-known,if not infamous. ("My American father, Igive you good price!") Dakar approxi-mates Richard Posner's ideal; one cannotavoid the free market in full flight.Indeed, Macaulay proposed a new negoti-ation course for the law school or a con-tinuing legal education course for the bar.Each student or lawyer would be sent toDakar with $100and would have to nego-tiate her or his way home through aseries of transactions.

The tour was organized by JosephJackson, Law III, and included a numberof law students from Wisconsin, Illinois,and law alumni. Some of the tour mem-bers were students Colleen Hicks, AprilMadison, Andrea Najern, R.J. Ramsey,and lecturer Lauren Brown-Perry.

Professor James MacDonald hasbeen selected as a recipient of the 1991Wisconsin Idea Award in NaturalResource Policy.He was selected for theaward by members of the University, pre-vious awardees, and representatives ofstate government, in recognition of"those from both the university and stategovernment who have worked to makethe Wisconsin Idea a reality rather than aslogan."

At the recent regional meeting of theNational Association for Law Placement,Dean Daniel Bernstine presented thekeynote address on creating and main-taining diversity, and Assistant DeanEdward Reisner lead a roundtable dis-cussion on working with bar associations.

Professor Dave Schultz spoke at thegraduation ceremony for the 1990 Madi-son Police Department Recruit Academyin December. He received a plaque "inrecognition and appreciation for long-

standing commitment to legal training forthe recruit officers of the Madison PoliceDepartment." The 1990recruit class wasthe ninth class since 1979 that hasreceived more than 100hours of class-room instruction from Schultz as part ofthe law school's continuing educationand outreach program.

Clinical Professor Louise Trubek isthe Chair-Elect of the Poverty Law Sec-tion of the AALS.She was program chairfor the section meeting on "Race andPoverty" at the January AALSmeeting.The Center for Public Representation issponsoring a national AIDS and the LawConference on March 13at the Wiscon-sin State Historical Society. Speakers willbe Katherine Franke, Executive Director,National Lawyers Guild; Thunya Banks,University of Maryland Law School;Alexa Freeman, National Prison Project,ACLU;and Norman Fost, University ofWisconsin Medical School. All faculty arewelcome to attend and should contactClinical Assistant Professor Nina Carnicat the Center.

Professor Alan Weisbard broughtthe year to a close with a New Year's Eveappearance on the Mac-Neil Lehrer NewsShow on PBS, discussing the legacy ofthe Nancy Cruzan case for the law ofdeath and dying. He discussed similartopics with Tom Clark on Wisconsin Pub-lic Radio on December 28. Weisbard alsoappeared on a four-part PBS special on"Autonomy in Medical Decisionmaking:The Right to Decide," broadcast in Janu-ary in the New York metropolitan area.In November, Weisbard discussed Jewishperspectives on bioethical issues at Madi-son's Temple Beth-El.

Professor Patricia Williams chairedthe AALSsection on Jurisprudence at thenational meeting in January.

22

Alumni Notesw. Patrick Donlin ('61),head of theKnights of Columbus legal department,has been elected president of theNational Fraternal Congress of Americaat the organization's annual meeting.

Paul Cherner ('681,a partner at Sach-noff & Weaver in Chicago, Illinois, hasbeen named Chairman of the RegionalBoard of B'nai B'rith Hillel Foundations.

Michael H. Simpson ('75) and Jef-frey P. Clark ('79), partners at the Mil-waukee firm Reinhart, Boerner, VanDeuren, Norris & Rieselbach, recentlyspoke on the Comprehensive Environ-mental Compensation Response and Lia-bility Act and related Superfund issues atthe Environmental Law Section of theMilwaukee Bar Association.

Kenneth E. McNeil ('81),of theHouston firm Susman Godfrey, reportsthat he recently concluded two cases, oneresulting in a $110million verdict and theother with a $30 million verdict. Bothcases involved the 1985RoyalDutchShell cash-out merger.

Amanda]. Kaiser ('841has become apartner of Boardman, Suhr, Curry &Field in Madison, Wisconsin.

Michael L. Morgan ('84) has beennamed executive director of the Milwau-kee Fire and Police Commission. A for-mer UW football player, Mr. Morganplayed for the Chicago Bears beforeentering Law School.

Carol Jedynak Kracht ('85) has beenpromoted to Assistant General Counseland Assistant Secretary in the LawDepartment of Northwestern Mutual LifeInsurance Co. in Milwaukee. Northwest-ern is the nation's 10th largest life insur-ance firm.

Stephen K. Postema ('85) has joinedthe Detroit firm of Bodman, Longley&Dahling. Postema, a former clerk to Dis-trict Judge James Doyle, has specializedin civil litigation, commercial andemployment law.

James R. Baudhuin ('90) has joinedthe Dallas, Texas, office of Vial, Hamil-ton, Koch & Knox. He will practice in theinsurance defense area.

Gordon Sinykin ('33) passed awayJanuary 25, 1990.Mr. Sinykin won the1981Distinguished Service Award fromthe Law School as well as numerousother honors and awards. The WisconsinState Journal paid tribute to Mr. Sinykin

in an editorial which read, in part:"Those who knew Sinykin best, however,were most impressed with his acutesense of ethics. 'He practiced law abovethe highest standard: recalled one col-league. Earl Munson, a La Follette Siny-kin partner, described Sinykin as a 'law-yer's lawyer: who was trusted andrespected by those inside the profession."

On a personal level, I knew Gordonfor almost 20 years, since I was fresh outof law school. From our first meetingGordon was a friend and a role model.He never failed to ask after my familyand to inquire "how are things" at theLaw School. I will miss Gordon, as willhis family, colleagues and many otherfriends.

Editor's Note

23

Our January thaw has arrived, eventhough it waited until February. Patchesof green have reappeared through thesnow cover that arrived in early Decem-ber. Spring-like temperatures havereplaced -30 windchills and everyoneseems ready for winter to end.

On January 16th, as war broke out inthe Gulf, several of our graduates werethere as members of the allied militaryforces. One December 1990 graduate,Guy Courchaine, was able to arrange anearly admission to the Wisconsin bar inorder to report to his unit in Saudi Ara-bia. Several other students have reportedto us that their reserve units are on alertstatus and the University is adjusting itsrules regarding completion of coursework and payment of fees to help soldier-students. Our thoughts are with all ourtroops, particularly those who might siptheir coffee from a Gargoyle cup or havea Gargoyle pin somewhere on their uni-form.

Elsewhere in this issue we are printingat least a tentative list of upcomingalumni events. During Dean Bernstine'sfirst year we made a special effort to havehim visit every concentration of ouralumni. Racking up the frequent flyer(and frequent driver) miles, Dan willhave made more than 40 events aroundthe country by the end of the year. Whathe found was a vast reserve of interest inthe School and a willingness to help. Wehave plans to do more than 30 events

during 1991-92. If we are coming to yourtown, and if you would like to help per-haps by hosting a reception, give me acall. Many of you have already given thiskind of help and it is most appreciated.

Also in this issue is the first notice ofthis year's Spring Program, the 48thAnnual. Reunion events are planned forthe classes of 1941, 1951,1966, 1976 and1981.More details will be mailed to theseclasses, and a general mailing to allalumni will go out in March. One of thehighlights of the Program for alumni gen-erally is the presentation of this year'sDistinguished Service Awards.

You may have noticed that one TimVerhoff has done some of the writing inrecent issues of the Gargoyle. Tim is ajunior in Journalism on campus, or atleast he was on campus. This semesterTim is in London on a junior semesterabroad program. Filling in is another J-School student, Liz Adams. Tim and Lizhave been most helpful, particularly withour alumni-profile series.

As I write, the last issue (Vol.21, No.3) has not yet been printed so there areno identifications of its mystery picture.You'll have to wait until the next issue,but then I should have two pictures toexplain.

This mystery picture should be easy.It is recent, from the last 4 years, andclearly shows six students listening to avisitor. Who are these folks?

Mystery Picture