BenchmarkWESTERN MICHIGAN UNIVERSITY THOMAS M. COOLEY LAW SCHOOL ALUMNI MAGAZINE | WINTER 2015

WMU-Cooley Professor Joe Kimble is honored with prestigious 2015 John W. Reed Lawyer Legacy Award by State Bar of Michigan.

WESTERN MICHIGAN UNIVERSITY THOMAS M. COOLEY LAW SCHOOL ALUMNI MAGAZINE | WINTER 2015

Letter from

WMU-CooleyBenchmark

EDITOR Terry Carella

CO-EDITOR Sharon Matchette

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ALUMNI DATABASE The user name will always remain the word alumni. The password changes are disclosed in Benchmark on the inside front cover. Please call the Alumni Relations Office at 517-371-5140, ext. 2038, or e-mail alumni@cooley.edu if you have any problems.

The current password for this term is jurist.

Lawrence P. NolanChairman of the Board Nolan, Thomsen & Villas, P.C.Eaton Rapids, Michigan

Hon. Louise AldersonVice Chairman of the Board 54A District Court Lansing, Michigan

James W. Butler, IIIUrban Revitalization DivisionMich. State Housing Development Auth.Lansing, Michigan

Thomas W. CranmerMiller, Canfield, Paddock and Stone, PLC Troy, Michigan

Scott A. DienesDeFrancesco & Dienes PLLCSt. Joseph, Michigan

Sharon M. HanlonZelman & Hanlon, PA Naples, Florida

Don LeDucPresident and DeanWestern Michigan University Cooley Law SchoolLansing, Michigan

Hon . Jane E. MarkeyMichigan Court of AppealsGrand Rapids, Michigan

Ho n. Stephen J. MarkmanMichigan Supreme Court Lansing, Michigan

Kenneth V. MillerCEO of Millennium Restaurant Group, LLC Kalamazoo, Michigan

James C. MortonMorton Karrass LLPToronto, Ontario, Canada

Edward H. PappasDickinson Wright PLLC Troy, Michigan

Hon. Richard F. Suhrheinrich U.S. Court of Appeals for the Sixth Circuit Lansing, Michigan

Hon. Bart StupakVenable, LLPWashington, D.C.

Dennis A. SwanSparrow Hospital & Health SystemLansing, Michigan

WMU-COOLEY BOARD OF DIRECTORS

Professor Joe Kimble personifies WMU-Cooley Law School’s practice-oriented mission as much as anyone. For 30-plus years, Joe has taught thousands of law students and lawyers how to write clearly, succinctly, and forcefully. His assault on verbose prose, archaic legal formalisms, and needless jargon is legendary. Joe’s tireless support for plain English has earned him the respect of lawyers, judges, and educators around the world.

A few detractors still insist that legalese has its place. Perhaps they earn extra fees from translating lengthy, meaningless phrases for mystified clients. But they increasingly have a hard time arguing with the soft-spoken professor who was enlisted to make the Federal Rules of Civil Procedure and the Federal Rules of Evidence understandable and simpler to use.

WMU-Cooley’s goal of teaching students to be competent practitioners is supported by the faculty’s devotion to practical legal scholarship. They research and write for the daily benefit of practicing lawyers and judges, not merely for a few fellow academics. I thus dedicate this issue of Benchmark to Professor Joe Kimble and the entire WMU-Cooley faculty who devote their careers to improving the legal profession.

Sincerely,

James D. Robb Associate Dean of External Affairs and General Counsel

The Essence of Practical Legal Scholarship

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ContentsFeatures Winter 2015

WMU-COOLEY PROFESSOR JOE KIMBLEJoe Kimble, plain-language guru and author of two books and scores of articles, was recently honored by the State Bar of Michigan with its prestigious 2015 John W. Reed Lawyer Legacy Award.

WMU-COOLEY GRADUATE AND GENEALOGIST KENYATTA BERRY WMU-Cooley graduate Kenyatta Berry parlayed her law degree into a career as one of the country’s most popular genealogists and one of the stars on the PBS television show, “The Genealogy Roadshow.”

WMU-COOLEY GRADUATE DERMOT KENNEDY ATTORNEY, PUBLIC SERVANT, AND COMMUNITY ACTIVISTWorking with private investors, Dermot Kennedy creates affordable housing using tax credits, serves on the Pennsylvania Board of Law Examiners, and is active in providing indigent families with diapers for their babies and toddlers.

RANDALL AND SHARAN LEVINE AT LEVINE & LEVINE The path from WMU-Cooley to Kalamazoo includes 35 years of marriage and 25 years of practicing law together at Levine & Levine.

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The Essence of Practical Legal Scholarship

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Western Michigan University Cooley Law School professor, Joe Kimble, with his first book and the drafts preceding it.

JOE KIMBLE “THE GURU OF PLAIN

LANGUAGE”

WMU-COOLEY PROFESSOR JOE KIMBLE

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WMU-Cooley Professor Joseph Kimble, who penned those words in the preface to his acclaimed 2006 book Lifting the Fog of Legalese: Essays on Plain Language, knows what he’s talking about. He’s lived those words for decades, waging a never-ending campaign to get lawyers to ditch the verbose, archaic, obscure style that characterizes so much legal writing.

Joe Kimble, a.k.a. “The Guru of Plain Language,” was honored in October by the State Bar of Michigan with its 2015 John W. Reed Lawyer Legacy Award. The prestigious honor is awarded periodically to a Michigan law-school educator “whose influence on lawyers has elevated the quality of legal practice in our state.”

Kimble was nominated by 1988 WMU-Cooley graduate Keldon K. Scott, who, in an eloquent letter to the state bar, outlined how Kimble proved to him that he could be a good writer. “With patience, guidance, and care, Professor Kimble proved that writing could be learned,” Scott said. He added that, over 25 years later, he still does his best to follow Kimble’s teachings and share them with colleagues. The battle for clear writing, Scott noted, has made Kimble a national and international influence on the legal profession.

Indeed, Kimble has been taking aim at legalese for decades. He patiently explains the need for plain language to

“I think no reform would more fundamentally improve our profession and the work we do than learning to express ourselves in plain language.” JOE KIMBLE, AUTHOR OF LIFTING THE FOG OF LEGALESE: ESSAYS ON PLAIN LANGUAGE AND WRITING FOR DOLLARS, WRITING TO PLEASE: THE CASE FOR PLAIN LANGUAGE IN BUSINESS, GOVERNMENT, AND LAW.

“Reformers must be relentless.”

Joe Kimble with the 2015 John W. Reed Lawyer Legacy Award.

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anyone who will listen — and his voice resonates far and wide. Besides teaching legal writing, legal research, and legal drafting at WMU-Cooley, Kimble has traveled the world to spread the word about clear writing: he has made 150 presentations across the United States, Canada, Mexico, Ireland, England, Belgium, Denmark, Sweden, Spain, Australia, New Zealand, and South Africa. Even as a professor emeritus, Kimble finds that some 80 percent of his travels around the world are still for professional events.

“Such a mess we lawyers have gotten ourselves into,” Kimble writes in Lifting the

Fog of Legalese. “And because law touches almost everything in some way, so does the

fog of legalese.” JOE KIMBLE, WMU-COOLEY PROFESSOR AND AUTHOR

Joe Kimble in the Strosacker Room of the Brennan Law Library.

So how did this mission for plain language become a life’s work? Ironically, it was at least partly through a lack of legal training. Back in the late 1960s and early 1970s, when Kimble was in law school, there were no serious legal-writing programs in legal education. Nor was there even a hint of discontent among his law-school professors. The “Centuries Rule” was well in play — we do it this way because it’s been done this way for centuries — and law students and lawyers just accepted it, if they thought about it at all.

But that was about to change.

In the mid-1970s, Kimble worked for the Michigan Supreme Court. As the staff rookie, he found it part of his job to draft new Michigan court rules and amendments to existing ones. This was a problem, Kimble recalled in his 2012 book Writing for Dollars, Writing to Please. “Like every other lawyer of my generation — and the great majority of lawyers practicing today — I had no training in how to draft. None.”

WMU-COOLEY PROFESSOR JOE KIMBLE

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So he wandered to the state law library, where he found the selection of up-to-date books on drafting sparse, to say the least. He did find a single book on the subject, the first edition of Reed Dickerson’s Fundamentals of Legal Drafting, flipped through several pages that listed simpler ways of phrasing inflated legal terms, and became a convert. At about the same time, he discovered the book Modern American Usage, written by Wilson Follett and finished by Jacques Barzun after Follett died. The book focused on usage and style and made a compelling case for simplicity in writing. Kimble was inspired.

His own campaign for clear writing began with vocabulary but quickly expanded to sentence structure, organization, and design features such as headings, bullet points, and charts — all with the underlying goal of clearly conveying information to the readers. He urges writers to dump embarrassing jargon like Further affiant sayeth naught, In witness whereof, and herein, among many others, and he has waged an uphill battle with lawyers on discarding the word shall. But he ultimately takes an expansive view of plain language: it embraces all the techniques and guidelines for clear and effective communication. He lists no fewer than 40 elements in Writing for Dollars, Writing to Please.

Kimble points out that clear writing is not just an academic “style” matter. Poor communication, he believes, is “the great hidden cost of doing business and operating the government.” As he demonstrates through 50 case studies in Writing for Dollars, Writing to Please, plain language can produce huge savings in time and money — and could even help to restore trust in public institutions.

The Reed Award is not the first recognition that Kimble has enjoyed for his accomplishments. He has also received the following:

> 2011: BURTON AWARD FOR REFORM IN LAW, for his role in redrafting the Federal Rules of Evidence.

> 2010: LIFETIME ACHIEVEMENT AWARD from the Association of American Law Schools Section on Legal Writing, Reasoning, and Research.

> 2007: BURTON AWARD FOR REFORM IN LAW, for his role in redrafting the Federal Rules of Civil Procedure.

> 2007: PLAIN LANGUAGE ASSOCIATION INTERNATIONAL AWARD.

> 2000: PLAIN ENGLISH CHAMPION AWARD from the United Kingdom’s Plain English Campaign.

The Burton Awards came on the heels of the multiyear projects to redraft the Federal Rules of Civil Procedure and then the Federal Rules of Evidence. Kimble still serves as the drafting consultant to the Standing Committee on Federal Rules of Practice and Procedure, a position he’s held since 1999. Although the late nights working on major redrafting projects are done, Kimble still reviews all new and amended federal court rules.

“Thou shalt not use shall.”

So advises Professor Kimble as recently quoted by the Florida Court of Appeals in Orthopedic Specialists v. Allstate Insurance Co., No. 4D14-287, slip op. at 14, fn. 3 (Fla. 4th Dist. Ct. App. Aug. 9, 2015). Holding the word shall to be inherently unclear and ambiguous, the court construed the word against the insurer that drafted the policy at issue in the case.

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WMU-COOLEY PROFESSOR JOE KIMBLE

Kimble urges writers to dump embarrassing jargon like Further affiant sayeth naught, In witness whereof, and herein, among many others, and he has waged an uphill battle with lawyers on discarding the word shall.

Joe Kimble

State Bar of Michigan Award Event

Kimble is now senior editor of The Scribes Journal of Legal Writing, after serving as editor in chief from 2001 to 2012. He also continues to edit the monthly “Plain Language” column in the Michigan Bar Journal, a position he’s held since 1988. It’s the longest-running legal-writing column anywhere.

Among his other public-service activities are these:

> Executive Director of Scribes — The American Society of Legal Writers, 2005–2009

> Founding Director of the Center for Plain Language in 2003

> President of Clarity, an international association for plain legal language, 2004–2006

> Member of the board of directors of the Legal Writing Institute, 1995–1998

> Visiting scholar at the University of Sydney Law School, 1993

He is also finishing a third book called (tentatively) Seeing Through Legalese, which collects his essays since 2006. And he has even written a children’s book that he hopes to publish. The title? Mr. Mouthful Learns His Lesson.

Kimble’s interests aren’t limited to the written word. He is also a huge music fan. Stunning posters and original pieces of blues and rock art adorn the walls of the sixth floor in the law school’s Cooley Center in Lansing. He also continues to run, bike, hike, play basketball, and do yoga — usually at the end of a day spent researching, writing, or editing.

So after 30 years of teaching, two successful books, scores of articles, his central role in redrafting the Federal Rules of Civil Procedure and the Federal Rules of Evidence, his long stints as an editor, and speaking engagements around the world, Professor Joseph Kimble had another announcement for those gathered for the award ceremony in October:

“I’m not done. Please stay tuned.”

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The Alumni Golf Classic was established to raise funds to support scholarships for the law school. Since changing the venue in 2007, over $400,000 has been raised, bringing the total amount in the fund to nearly $600,000.

The 26th annual alumni golf classic was a great success again this year. First place honors went to Joe Arnold, Jason Aldrich, and Wendy Kroll. Second place went to Bobby LaLonde, Matt McGaughey, Jeff Sherman, and Tom Trinofi. For the second time in two years, third place went to two teams. Team one was with Clarence Pozza, James Jordon, Chris Pozza, and Bob Mumna. Team two included Dan Harris, Heath Moyer, Monty Moyer, and Fred Shuart.

The award for Closest to the Pin for Men went to Professor

Terry Cavanaugh; while Closest to the Pin for Women went to Bev Suhrheinrich. Longest Drive for Men went to Matthey McGaughey, while Longest Drive for Women went to Wendy Kroll. Longest Putt for Men went to Charles Doolittle and Longest Putt for Women went to Wendy Kroll.

Over the past 26 years, this tournament has become a signature event for WMU-Cooley Law School. We are grateful to the many sponsors and players who participated this year. We would like to extend our heartfelt appreciation to

Sutton Advisors of Lansing, Clean Team USA of Lansing, Miller Canfield of Detroit, MSU Federal Credit Union of Lansing, Plante Moran PC of Detroit, PHP of Lansing, Rockford Companies of Grand Rapids, WMU-Cooley Alumni Association, I.COMM Corporation of Wixom, Delta Dental of Michigan of Lansing, and Garan Lucow of Detroit.

We salute our many tee sponsors, Ben Hogan Team sponsors and our golfers. Thank you for being a partner and friend and supporting our students through scholarships.

ALUMNI ANNUAL GOLF OUTING

Over 124 golfers teed off in a scramble tournament on July 13 at the Country Club of Lansing for the 26th Annual WMU-Cooley Law School’s Alumni Golf Classic.

Over 124 golfers teed off in a scramble tournament on July 13 at the Country Club of Lansing for the 26th Annual WMU-Cooley Law School’s Alumni Golf Classic.

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KENYATTA BERRY, SHARPE CLASS, 1988

KENYATTA BERRY Sometime during her first year in law school, Kenyatta Berry (Sharpe Class, 1998) was helping her then-boyfriend research his family tree. Little did she know, her first foray into genealogy would lead to a career as one of the country’s most popular genealogists and one of the stars of PBS’ “The Genealogy Roadshow,” which is now entering its third season.

“I always tell people that a law degree is the best degree to have because you can become anything except a doctor.” KENYATTA BERRY

Kenyatta Berry in her role as genealogist on PBS Genealogy Roadshow.

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“It’s funny how it all started,” Berry said. “My boyfriend at the time had a very unusual surname, and he was from a prominent African-American community in Detroit. I found one of his ancestors, a well-known physician in Atlanta, and began looking deeper into the family’s heritage. I really found myself loving the history and research, and that kind of started me on a path to genealogy.”

Berry, 43, a Detroit native and current Santa Monica, California, resident, graduated from WMU-Cooley’s Lansing campus. During law school, she championed for an Internet Law course and was president of the Computer Law Association. In

the decade following, she practiced law throughout the software and Internet technology industry, particularly on the East Coast and northern California. She parlayed her legal career into a management job at Cornerstone, which helps organizations to recruit, train and manage their workforces.

“I always tell people that a law degree is the best degree to have because you can become anything except a doctor,” Berry said. “My education at WMU-Cooley helped me

to start with an internet company, an emerging area in 1999; I analyzed issues, resolved problems, and worked across all areas of the tech business. My law degree experience helped with that. And really, genealogy is a lot about being a detective with a lot of research and writing, which is a fundamental aspect of law. I found out that I enjoyed analyzing information and presenting my findings.”

Berry serves as the president of the Association of Professional Genealogists and is on the Council of the Corporation for the New England Historic Genealogical Society in Boston. A frequent lecturer and writer, her area of focus is African-American and slave ancestral research.

“I truly enjoy African-American genealogy because of the opportunity to help people learn something about their families that they didn’t think they could find,” she said. “Oftentimes when I talk with African-Americans about their family history, they tell me ‘I can’t find my family history because they were

slaves.’ But that’s not true. Because their ancestors were slaves,

they were considered property owned by

slave owners, and that information is actually

found in courthouses. And it is in those courthouses

that my fascination with research takes place. Once

you go down this journey, you never know what you’re going

to find!”

In its first two seasons, “Genealogy Roadshow” uncovered stories of

diverse Americans in eight different cities, with each individual’s past

linking to a larger community history. As Berry enters her third season as

the show’s co-host, she looks forward to taking her genealogical research a step further.

“Traditionally, genealogy has been about names, dates, and places,” Berry said. “But with each episode of the “Roadshow,” we are genealogists telling a very compelling story.”

She hopes to one day write a book about African-American genealogy, particularly slave history, to help people understand how to conduct genealogical research and learn about their family’s ancestry.

To learn more about Berry, visit kenyattaberry.com or find her on “Genealogy Roadshow” on PBS airing during the spring of 2016.

(L-R) Genealogy Roadshow hosts Kenyatta Berry, Joshua D. Taylor and Mary Tedesco, courtesy of Jason Winkeler.

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Inspired by his politically involved grandfather, Ejaz Sabir was interested in politics and law at a young age and was encouraged to pursue his passion. But his village lacked educational resources and even basic necessities.

“A dream like that was like asking some-one to walk on the moon,” he recalled.

In spite of the difficulties, Sabir followed his grandfather’s vision for a better life when he immigrated to the United States at the age of 18. He learned English quickly and worked multiple jobs to support himself, while studying politi-cal science and American government at Temple University, graduating cum laude in 1999.

Another step closer to his dream, Sabir then enrolled at WMU-Cooley Law School, where he earned his juris doctor

degree in just two years. While in law school, he gained confidence and learned how to communicate effectively and interpret the law.

“There is never one answer in the law; it is how you apply the law that matters,” Sabir said. “Any school can teach you the law, but WMU-Cooley Law School teaches you how to apply it.”

Encouraged by his father to start his own practice, Sabir founded Sabir Law in 2004, a firm that focused on catering to Philadelphia’s diverse cultures. It is billed as the area’s first Muslim general practice, guiding clients through legal matters, like inheritance law, custody, and divorce, while helping them stay true to their faith.

Sabir has since expanded to three offices in Pennsylvania and New Jersey,

THREE OFFICES, FIVE LANGUAGES, AND CLIENTS FROM

OVER 60 COUNTRIES — FROM

EJAZ SABIR, SWAINSON CLASS, 2003

Ejaz Sabir (Swainson Class, 2003) grew up not believing in barriers, despite being born in a humble village in Kashmir, a long-disputed territory divided among India, Pakistan and China.

HUMBLE BEGINNINGS

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“This country is a melting pot of faiths, races, and colors and there are so many people with the willingness to help wherever they can.” EJAZ SABIR

“There is never one answer in the law; it is how you apply the law that matters. Any school can teach you the law, but WMU-Cooley Law School teaches you how to apply it.” EJAZ SABIR

and the firm has represented people from more than 60 countries, many of whom Sabir can relate to —immigrants who do not speak English. Sabir now speaks five languages, including Urdu, Hindi, Punjabi, Hindko and English; he also reads and writes Arabic. He uses his experience as a teenage immigrant to assist others who are seeking opportunities in the United States.

Sabir has been guided personally and professionally by mentors, including a Philadelphia judge and Greek Orthodox Catholic who supported and directed him from the beginning of his career. He returned the favor, campaigning for the judge’s election, helping him gain wide support in the area’s Muslim community. Sabir also considers a Philadelphia Jewish immigration prosecutor, who is a Haitian Christian, his best friend, and a fellow WMU-Cooley Law School graduate, another important mentor.

“This country is a melting pot of faiths, races, and colors, and there are so many people with the willingness to help wherever they can,” he said. “If you work

hard and stay true to yourself, you will always be able to find the right people to help and motivate you to be successful.”

Sabir participated in “Three Faiths, One God!” an interfaith panel at Pennsylvania State University’s Brandywine campus,

offering a Muslim’s perspective on Juda-ism and Christianity. He also is a frequent speaker at the Islamic Society of Valley Forge, the Islamic Society of Chester County and the Lancaster Islamic Society.

“My faith plays a part in my life on all levels. My dealings with people are colored by it in a positive manner.”

He and his wife and three children are involved in their local community. Sabir has been recognized for his volunteer work, which he intends to continue in the future while he continues to grow his legal practice.

“I desire to serve the local community and give back to this country to the best of my ability.”

Kashmir region from the air, mosque (right), and market (below).

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DERMOT KENNEDY: ATTORNEY, PUBLIC SERVANT,

AND COMMUNITY ACTIVISTIt would be easy to simply describe Dermot Kennedy (Wing Class, 1982) as a tax lawyer, but there’s far more to the man and the attorney than that label implies.

To begin with, within his practice, Dermot Kennedy works with private investors to create quality, affordable housing using tax credits. Secondly, he serves on the Pennsylvania Board of Law Examiners, a position that has caused him to become concerned about the future of the practice of law because individuals are choosing other careers. Finally, he and his wife are active in helping to provide indigent families who have babies and toddlers with the most basic item — diapers.

DERMOT KENNEDY, WING CLASS, 1982

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UNDERSTANDING THE TAX LAWSAfter graduating and being admitted to the bar, Kennedy became an attorney with the Office of Chief Counsel at the Internal Revenue Service (IRS) in Philadelphia, Pennsylvania. In 1986, he left the IRS to join and, eventually, lead the tax department at the Pennsylvania-based law firm of Curtin & Heefner. Kennedy formed his own law practice in 1991, which focuses on federal and state tax matters pertaining to the financing of affordable, multifamily housing developments for seniors, families, and the disabled.

“Housing is a basic essential to living a decent life, especially for seniors whose property taxes have become too high to maintain a home,” said Kennedy.

Kennedy’s passion for creating affordable housing can be seen in more than 70 affordable housing projects, ranging from Long Island, New York, to St. Thomas in the U.S. Virgin Islands. Under section 42 of the Internal Revenue Code, he works with clients from both the private and public sectors to form limited partnerships. These partnerships allow for tax credits when investing in affordable housing. Most

of the projects are financed with tax incentives provided through low-income-housing tax credits, private activity tax-exempt bonds, capital funds, the Federal Home Loan Bank, the federal Affordable Housing Program, HOME Funds, HOPE VI, HUD 108 loans, and various other state and local financing sources.

Kennedy points out that, “Section 42 of the Internal Revenue Code has generated amazing public good, and has created a great economic engine. Not only do these credits create quality homes and allow individuals and families to live in thriving neighborhoods, but the construction of this housing is creating a lot of jobs around the country.”

“Providing quality housing and a safe place to live are the cornerstones for families, or individuals, to be secure and feel a sense of worth. DERMOT KENNEDY

About Kennedy:A NATIVE OF IRELAND:

FROM ENNIS, COUNTY

CLARE

WIFE:

PATRICIA

DAUGHTERS:

EMER AND MAURA

HOBBIES:

WOODWORKING:

HE MAKES TABLES,

STOOLS, BOOKSHELVES,

AND COFFEE TABLES

MEMORIES OF

WMU-COOLEY:

THE GREAT EDUCATION

FROM PROFESSORS

ROONEY, JASON, LEDUC

AND KOENIG

ADMITTED:

TO THE

MICHIGAN,

PENNSYLVANIA AND

NEW JERSEY BARS

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DERMOT KENNEDY

“We have a duty to make sure those applying to the bar will benefit and protect the public,” said Kennedy. “We don’t want to make it hard for law students to sit for the bar, but they must demonstrate the basic competencies of practicing law.” DERMOT KENNEDY

In addition to working with individuals regarding affordable housing, Kennedy also represents individuals during administrative proceedings before the IRS and in litigation before the U.S. Tax Court.

PENNSYLVANIA BOARD OF LAW EXAMINERSIn 2010, Kennedy was appointed by the Pennsylvania Supreme Court to fill a vacancy on that State’s Board of Law Examiners (BLE). In 2015, he became chair of the seven-member board, which advises the court on changes that should be made to the state’s bar admission rules. In addition, the BLE is empowered by the court to recommend for admission only those individuals who have demonstrated the minimum competency and character necessary to become a member of the bar.

“As individuals apply to the bar, we are observing more character and professional fitness issues than in the past,” said Kennedy. “The ability to discover these issues is much easier because of web searches.”

The BLE has started working with law schools to disclose instances of misconduct by students. Kennedy was quick to point out that WMU-Cooley is among the leaders in law schools that are taking character and professional fitness issues seriously.

“We have a duty to make sure those applying to the bar will benefit and protect the public,” said Kennedy. “We don’t want to make it hard for law students to sit for the bar, but they must demonstrate the basic competencies of practicing law.”

Another concern of Kennedy is the dwindling number of individuals who are choosing the practice of law as a career. He is leading discussions with the BLE about the portability of law degrees that would allow more students who graduated from out-of-state law schools to take the Pennsylvania bar exam.

GREATER PHILADELPHIA DIAPER BANKWhile Kennedy is busy practicing law and chairing the BLE, he still finds time to be involved with the Greater Philadelphia Diaper Bank, a cause founded by his wife, Patricia. When Patricia retired from teaching, she learned about the lack of access to diapers for indigent children. As the couple researched the issue, they learned that parents are unable to have jobs because they are not able to afford disposable diapers.

“Many parents can’t go to work because they do not have access to disposable diapers,” Kennedy explains. “In many cases children cannot attend day care if the parents do not supply diapers. Government programs like WIC, or food stamps can’t be used for diapers.”

Kennedy, who spends time fundraising to support his wife’s diaper bank, is often seen driving around Philadelphia transporting diapers. He proudly points out that the diaper bank has been able to give away more than 1 million diapers in the last three years.

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Fang Liu’s law journey takes her back to her homeland in China.

After nearly a decade as an attorney in China, Fang Liu, found herself in America facing language barriers and financial difficulties while on her way to earning a law degree in the United States. But Liu was up to the challenge. She graduated in 2013 in the top 1 percent of her class.

In March 2015, Liu joined Dickinson Wright’s China practice, and is based in the firm’s Ann Arbor, Michigan, office. She now travels extensively between the United States and China.

“I really appreciate what I learned from WMU-Cooley,” Liu said. “At the beginning, there were language challenges, but they helped me through those. And I found

the people friendly to those in lower classes economically; including offering very good scholarships. It is rare to find a law school that offers everyone the opportunity to study law. I enjoyed my time there especially for that reason.”

During her tenure at Cooley, Liu served as an intern for Judge Christopher P. Yates of the Kent County 17th Circuit Court Special Business Docket in Michigan and for Justice Stephen J. Markman of the Michigan Supreme Court.

In addition to helping her overcome language barriers and financial hardships, Liu, who had attended law school at Peking University School of Law and later the University of California Berkley School of Law for an LL.M., was impressed with her WMU-Cooley experience.

Born in Beijing, Liu grew up watching movies with characters that played attorneys and, as a result, set her sights on becoming an attorney early.

At age 18, she entered Peking University’s School of Law, the most prestigious law school in China. Following graduation, Liu served as lead in-house counsel to then the largest privately held media company in China. She also practiced law at a large firm in Beijing where she counseled clients on corporate law, mergers and acquisitions, and large-scale real estate transactions. She is licensed to practice law in China, Michigan, New York, California and Washington, D.C.

As a member of Dickinson Wright’s China practice team, Liu assists Chinese clients doing business in North America with matters involving direct foreign

investment, formation of business enterprises, joint ventures, mergers and acquisitions, regulatory compliance, real estate, litigation and dispute resolutions, and a full range of commercial matters related to cross-border transactions between China and North America.

Liu has come a long way in a few short years, but is quick to acknowledge the impact her WMU-Cooley professors have made on her road to success.

“I enjoyed the professors at WMU-Cooley so much. They were practicing lawyers. I appreciate all that I learned from them. I became very, very well-prepared for my career.”

FANG LIU, MOORE CLASS, 2013

From China to the United States and back: Fang Liu meets the challenge on her road to success.

“I loved WMU-Cooley as much as I did UC Berkley and Peking University,” Liu said. “I found that the professors were very educated and had great knowledge of complicated cases.”

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By the third year of law school, Randall Levine and Sharan Lee Schulman Levine (Wiest Class, 1979) figured out they belonged together. At that time, it was about dating and possibly marriage; now they have been married for 35 years, and for 25 of those years, they have practiced law together at their firm, Levine & Levine in Kalamazoo, Michigan.

HUSBAND AND WIFE TEAM UP TO PRACTICE LAW: THE PATH FROM WMU-COOLEY TO KALAMAZOO

RANDALL LEVINE AND SHARAN LEE SCHULMAN LEVINE, WIEST CLASS, 1979

While the pair knew of each other and had classes together during the first two years of law school, they didn’t begin dating until they learned that they had more in common than their aspirations to become lawyers.

“I formally met Sharan during our third year,” recalled Randall. “Both of us had been involved in other relationships, so there was no effort to contact one another earlier.”

“Eventually we found out that we both enjoyed camping and canoeing,” said Sharan. “And that has been the underpinning of our relationship, even today.”

After graduating in the spring, a term early for both, Randall and Sharan studied successfully for the summer bar exam together. Passing the bar put them on a path for a future together.

“I remember the day we found out we passed,” smiled Sharan. “We figured if we could pass the exam together, we could conquer anything as a couple.”

Downtown Kalamazoo, Michigan

Randall Levine and Sharan Lee Schulman Levine

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LEVINELEVINE&

“WMU-Cooley Law School was a perfect fit for me. I was somewhat of a late starter academically and Cooley gave me a chance to prove that I was ready to be serious about my studies. Cooley also allowed me to attend classes in the mornings while working in the afternoons at the Attorney General’s office across the street.”

“As a student during the law school’s early days, we were not able to get journal experience, but I was lucky enough to work with Constitutional Law Professor Phil Prygoski on a paper regarding confidentiality, an important topic of the time.”

RANDALL LEVINE ABOUT WMU-COOLEY:

SHARAN LEVINE ABOUT WMU-COOLEY:

FAMILY: TWO DAUGHTERS: REYNA, 26 AND MAURA, 23.

HOBBIES: THE COUPLE HAS CANOED AND CAMPED EXTENSIVELY

THROUGHOUT MICHIGAN AND NORTHERN ONTARIO.

OFF TO KALAMAZOOBoth Randall and Sharan grew up in Detroit, but discovered Kalamazoo as law students while on a weekend canoeing adventure. They decided that Kalamazoo’s proximity to rivers and lakes, and to both Chicago and Detroit, was appealing as a place to settle. In August 1979, with one suit each and armed with new briefcases, the two attorneys divided up and walked the streets of Kalamazoo, knocking on doors in search of jobs. Though the process of walking into law offices and asking for jobs sounds naive, Randall was eventually hired as an assistant prosecuting attorney in Barry County, about 20 miles north of Kalamazoo. Sharan was also hired as inside counsel for a commercial real estate firm in the area.

In 1980, with jobs in place, Randall and Sharan wed and began the next phase of their lives. After several years working in the prosecutor’s office, Randall joined a criminal defense law firm before

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going out on his own in 1987. Sharan eventually moved to a private firm, but in 1989 took time off to have the couple’s first child.

OPENING THE DOORS TO LEVINE & LEVINESharan decided to make changes in her career after having a child. “I really enjoyed working at the private firm, but what I needed for a schedule and what the firm needed left a gap.” said Sharan.

“We were in the process of raising a family and found that the partnership track in the law firm made it very difficult for Sharan to balance her own law career with family needs,” said Randall. “We decided to try having Sharan join the practice to see whether it would work.

Because I am primarily a criminal defense lawyer who also does civil litigation and Sharan’s practice is business and estate planning, there was very little overlap. Consequently, it became a perfect situation for our family and the law firm.”

Since 1990, Levine & Levine offered legal services from the historic Isaac Brown Home in Kalamazoo. By September 2015, the boutique law firm that specializes in criminal defense, family law, business law, appeals and estate planning, outgrew its space and moved to the heart of downtown Kalamazoo occupying the 14th floor of the Fifth Third Bank building.

A DIFFERENT TYPE OF CULTUREThe Levines understand what it took for them to be where they are today, so they have purposely created a culture that allows work-life balance for the seven attorneys working in their firm.

“We really know what our younger lawyers are going through, whether it’s concerning their families or trying to excel in their practice areas,” said Sharan. “We take particular note and want a culture that provides an atmosphere in which we can achieve our personal best and do the best for our clients.”

Sharan and Randall figured out that they didn’t have to work the same hours every day. For instance, if there was a family need at home, one of them

LEVINE & LEVINE

“We want a culture that provides an atmosphere in which we can achieve our personal best and do the best for our clients.” SHARAN LEVINE

“We take particular note and want a culture that provides an atmosphere in which we can achieve our personal best and do the best for our clients.”

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“Practicing law with my wife as a team member has been a pleasure. Together, we figured out how to raise a family and build a firm.” RANDALL LEVINE

The Western Michigan University Thomas M. Cooley Alumni Association awarded the Distinguished Student Awards during the 2015 academic year. This award is presented to third-year students who have demonstrated outstanding academic achievement, service to others and student involvement while at WMU-Cooley. They are nominated by their peers and faculty and are interviewed and selected by the Executive Committee of the Alumni Association.

For Trinity Term 2015, awards were presented to Allison Center at the Tampa Bay campus and Joseph Muha at the Grand Rapids campus. Ms. Center is a Bradenton, Florida, native and Mr. Muha resides in Belmont, Michigan.

In Hilary Term 2015, the Distinguished Student Award recipients were Taneashia Morrell, of San Diego, California, and Rebecca Siegel, of Livonia, Michigan, both at the Lansing campus; James Klinedinst, of Chesapeake, Virginia, at the Tampa Bay campus; Sara Husseini, of Detroit, from the Ann Arbor campus; Matthew Elzinga, of Grand Rapids, Michigan, at the Grand Rapids campus; and Scott Sawyer, of Chesaning, Michigan, at the Auburn Hills campus.

The WMU-Cooley Law School Alumni Association awarded its annual 2015 Alumni Memorial Scholarship to two outstanding students this year. The Past Presidents Committee of the Alumni Association interviews and

selects the winners from those nomi-nated by peers, faculty and staff.

The winners were Dalton Carty, of New York City, from the Lansing campus, and Adrianette Williams, of Tampa, from the Tampa Bay campus.

“We are very proud of this year’s Alumni Memorial Scholarship winners,” stated Pamela Heos, director of alumni and donor relations. “Both were awarded a $5,000 scholarship in tuition credit.”

“We would like to congratulate all of our award recipients on their academic success, their contributions to the law school, and for their community service. PAMELA HEOS, DIRECTOR OF ALUMNI AND DONOR RELATIONS

2015 Alumni Memorial Scholarship Winners

2015 Distinguished Student Awards

would stay home. They have embraced a culture within their firm that allows attorneys the flexibility to care for their families, as long as their clients’ needs are met.

“In the early years of practicing law together, we learned as a husband and wife team we had to have each other’s back and help each other out with both family and work,” said Sharan.

Randall is quick to point out that bringing his wife into the practice helped the couple to navigate family and work issues, and they have used those experiences to help the attorneys in their firm become successful at home and in their careers.

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SIXTY PLUS

Sixty Plus, Inc. Elderlaw Clinic receives recognition

WMU-Cooley students, faculty and staff who are part of the Sixty Plus, Inc. Elderlaw Clinic (Sixty Plus), at the Lansing campus, were honored by Elder Law of Michigan (ELM) during the seventh annual Joe D. Sutton Call to Justice Awards.

The awards honor those who share the mission of ELM, which is to advocate for, educate, and assist many different people, with a continued focus on older adults and persons with disabilities.

“It is an honor to have Sixty Plus recognized for its long-lasting impact in the community,” said Professor and Sixty Plus Clinic Director Kimberly O’Leary. “This award gives credit to the countless hours of work performed by hundreds of Sixty Plus students, staff, board members and faculty for more than 35 years.”

Sixty Plus serves individuals living in the communities surrounding Lansing, Michigan, and has helped thousands of residents since it was founded in 1978. The clinic has helped create a mechanism for protecting the independence, resources, and well-being of senior citizens in the region.

“This award gives credit to the countless hours of work performed by hundreds of Sixty Plus students, staff, board members and faculty for more than 35 years.” PROFESSOR KIMBERLY O’LEARY

Professor Kimberly O’Leary

Read more about Sixty Plus Inc.,

Elderlaw Clinic at cooleylawschoolblog.com,

August 6, 2015 post or scan the QR code.

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Sixty Plus

MANUAL OF JUDGES

In 2009, WMU-Cooley Law School’s Center for Ethics, Service, and Professionalism introduced the Michigan Judge’s Guide to the Servicemembers Civil Relief Act.

WMU-Cooley students work on two publications for veterans

Professor and Retired Brigadier General McDaniel

Because of changes to the Servicemembers Civil Relief Act (SCRA), WMU-Cooley teamed with the Servicemembers Civil Relief Act Foundation, Inc., to update the guide to meet 2015 standards. All federal, state, and tribal judges have been provided with their own edition.

The SCRA offers special protections to soldiers against civil actions like divorce and foreclosure while they are deployed. But varying state laws and interpretations can produce confusion in the law’s application.

Attorney Matt Cooper, chair of the SCRA Foundation, worked with WMU-Cooley students Heather Spielmaker, Matthew J. Flynn, and Nathan Chanon on updating the guide that specifically outlines legal issues for members of the military, lawyers, judges, and persons who advise military personnel and their families while navigating through complex legal areas. During this process, WMU-Cooley students earned publication credit for their work.

In addition to the Michigan Judge’s Guide to the Servicemembers Civil Relief Act, WMU-Cooley Law School has partnered with the Michigan Veterans Affairs Agency and the State Court Administrative Office (SCAO) to introduce a new resource for Michigan trial court judges and staff interested in developing Veterans Treatment Courts (VTCs). Veterans Treatment Courts in Michigan: A Manual for Judges is a compilation of best practices being used to address the special circumstances of veterans confronted with non-violent criminal charges and is designed to serve as a blueprint for the further development of problem-solving courts for veterans.

The Veterans Treatment Court manual will serve as a tool for district and circuit court judges who do not operate a VTC but wish to develop one in their jurisdiction. It includes suggested best practices and advice from Michigan judges who operate a VTC and was compiled through interviews conducted by WMU-Cooley students Vincent Anyaso, Jacqueline Cardella, Aaron Cook, Brenda Polk, James Springer, and Heather Spielmaker. The manual was edited by WMU-Cooley Professor and retired Brigadier General Michael C. H. McDaniel.

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Three WMU-Cooley Law School Graduates: Recognized by Michigan Lawyers Weekly in September as 2015’s class of “Women in the Law.”

The annual program honors 30 high-achieving women lawyers in Michigan, among them Mary Ann Cartwright, Rhonda Clark-Kreuer, and Anne Lawter.

MARY ANN CARTWRIGHT, GRAVES CLASS, 1977, RHONDA CLARK-KREUER, OSTRANDER CLASS, 1994, AND ANNE LAWTER, BLACK CLASS, 1996

Grandparent/Senior Companion Program, Thomas M. Cooley Inn of Court and the Court Appointed Special Advocate (CASA) program for Gratiot County. Clark-Kreuer is also a past president of the Ithaca Rotary Club and former State Bar of Michigan Representative Assembly member for the 29th Circuit.

Anne Lawter (Black Class, 1996) is a shareholder at Arnone & Lawter in Mount Clemens, Mich., a practice specializing in hospitals and physicians, professional licensure and liability defense, medical-legal consulting, medical staff peer review, and administrative hearings. She is also an adjunct professor at WMU-Cooley Law School, where she teaches an advanced course on medical malpractice litigation, and also set up the school’s first clinical externship program. Lawter is a licensed horse show judge with the United States Equestrian Federation and an approved Michigan 4-H horse judge. She has served as a member of the Michigan State Board of Veterinary Medicine and its disciplinary subcommittee.

Mary Ann Cartwright (Graves Class, 1977) is a partner at Rhoades McKee PC in Grand Rapids, Michigan,and chairs its employment law practice group. She is also the firm’s first female shareholder and executive committee member. Before joining Rhoades McKee, Cartwright worked as assistant city attorney for Kalamazoo, Michigan. She has served on several nonprofit organizations’ boards, including the Reentry Employment Resource Center and Hope Behavioral Health Board, receiving the Hope Network Outstanding Volunteer of the Year Award in 2005. She currently serves on the Pine Rest Residential Board and the Ottawa County Community Mental Health Board.

Rhonda Clark-Kreuer (Ostrander Class, 1994), of Rhonda M. Clark PC, in St. Louis, Michigan, practices estate planning, elder law, probate and trust administration. She is also a council member for the State Bar of Michigan’s probate and estate planning section and co-chairs its guardian and conservator committee. Her volunteer work includes serving on the boards of the Foster

(Left to right): Anne Lawter, Arnone and Lawter; Rhonda Clark-Kreuer, Rhonda M. Clark PC; and Mary Ann Cartwright, Rhoades McKee PC.

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LAWRENCE P. NOLAN, COOLEY CLASS, 1976, CHAIRMAN OF THE WMU-COOLEY BOARD OF DIRECTORS

Lawrence P. Nolan: Sworn in as president-elect during the State Bar of Michigan’s Annual Meeting

During the State Bar of Michigan’s Annual Meeting in October, President Thomas C. Rombach (Morse Class, 1987), passed the gavel to his successor while Lawrence P. Nolan, (Cooley Class, 1976), who is chairman of the WMU-Cooley Board of Directors, was sworn in as the organization’s president-elect and will assume the top position in one year.

Lawrence P. Nolan (left) and Thomas C. Rombach (right)

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PROFESSOR AND RETIRED BRIGADIER GENERAL MICHAEL C.H. McDANIEL

WMU-Cooley Professor and Retired Brigadier General Michael C.H. McDaniel: Speaks to Council of the Boy Scouts of America

For 24 hours on Sept. 11, 2015, the Gerald R. Ford Council of the Boy Scouts of America saluted the flag at the Gerald R. Ford Presidential Museum in downtown Grand Rapids, Michigan, honoring the firefighters, police officers, EMS, members of the military, and all who sacrificed their lives on that day 14 years earlier.

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WMU-Cooley Law School Professor and retired Brigadier General Michael C.H. McDaniel, an Eagle Scout himself, joined police, fire, EMS, and military personnel for a memorial service at the museum.

McDaniel thanked the 100 members of the Patriot Guard motorcyclists for escorting the flag that was used for the Scout salute into Grand Rapids. He also reflected on the recent death of Dennis Rodeman, a Lansing, Michigan, firefighter who appears to have been intentionally struck and killed by a pickup truck while participating in a Fill the Boot drive for Muscular Dystrophy. Rodeman was also a U.S. Marine who served in Iraq.

While Rodeman was not killed while fighting a fire, McDaniel explained he died while serving the public, as did hundreds of public servants on 9/11.

“America did not realize the self-sacrificial nature of the job until that day,” he said. “In short, firefighters were already the equals

in self-sacrifice of soldiers and police officers, but on that day, the rest of us finally realized that fact. All three groups are symbols of the ultimate self-sacrifice for our citizens and our country.”

He touched on the recent string of armed violence incidents against law enforcement, including the shooting

death of Lt. Charles  Gliniewicz,  of the Fox Lake, Illinois, police department, who was the eighth officer shot and killed in the U.S. in the 30 days leading up to September 11, 2015.

McDaniel also recalled four attempts or attacks on the Pentagon during his two years of service there focusing on

armed forces protection policy. He noted the Pentagon continued to be a target after 9/11 because it’s seen as a symbol of U.S. service members.

McDaniel closed his remarks by thanking the Boy Scouts for honoring those who died on 9/11 by honoring and guarding the flag at the Gerald R. Ford Presidential Museum from sunrise to sunset.

“Scouts, you are not just the firefighters, police officers, and military of tomorrow, you are the dedicated and informed future public servants this country will always need, because public service in all its forms is the foundation of this great country.”

“Scouts, you are not just the firefighters, police officers, and military of tomorrow, you are the dedicated and informed future public servants this country will always need, because public service in all its forms is the foundation of this great country.” RETIRED BRIGADIER GENERAL MICHAEL C.H. McDANIEL

Read General McDaniel’s

entire speech online at cooleylawschoolblog.com, September 15, 2015 post

or scan the QR code.

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EXONERATING THE INNOCENT

The words “faith” and “hope” are tattooed in large lettering on Donya Davis’ arms. While incarcerated for another man’s crimes, the 37-year-old Detroiter says he got the inscriptions as a daily reminder to hold fast to both sentiments.

Years into his sentence, always asserting innocence and filing legal motions as his own attorney from prison to no avail, he just about lost hope anyone would believe he was wrongfully accused.

Just about.

“It wasn’t the law that gave me hope,” Davis says. “It was Marla. Marla, the innocence project, and those kids. Once I really got to know them and saw how — guns blazing — they were on my case, I was like, ‘I finally got some help.’”

“Marla” is Marla Mitchell-Cichon, law professor and director of the innocence program at the WMU-Cooley Law School, and “those kids” are a team of law students who investigated Davis’ case and then worked to free him.

REPR

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This fall, WMU and the WMU-Cooley Innocence Project won a $418,000 Justice Department grant to support the project’s mission to exonerate people wrongfully convicted of serious crimes.

WMU-Cooley Innocence Project Director Marla Mitchell-Cichon and Donya Davis

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EXONERATING THE INNOCENT

In September, the U.S. Department of Justice (DOJ) awarded WMU and the WMU-Cooley Innocence Project a $418,000 grant to continue helping people like Davis. The DOJ allocation will fund investigators, experts, a full-time staff attorney and also help defray costs associated with case review, evidence location and DNA testing.

In 2006, after a victim of sexual assault and robbery identified him in a lineup, Davis was arrested and faced decades in prison. He had past scrapes with the law, resulting in a felony record, and admits he was far from an angel. But Davis maintained he didn’t commit these crimes. His alibi defense placed him somewhere else at the time of the

assault; it wasn’t believed. Skin cells found on the victim excluded him while other key DNA evidence from the crime sat untested at the Detroit Crime Lab. And Davis feels that attorneys who initially represented him were lukewarm advocates.

In the end, he was found guilty.

Being identified by the victim, says Mitchell-Cichon, “is still damning evidence even in the face of DNA exclusion.”

Locked behind bars, Davis asked the Innocence Program to investigate his case. Through its advocacy, DNA from male biological fluid recovered from the victim that wasn’t previously tested was

finally analyzed. The results again excluded Davis, Mitchell-Cichon says. Based on this new evidence, after serving almost seven years in prison, the court freed him in the summer of 2014, pending a new trial. In November, he celebrates a one-year anniversary — the day the prosecution dismissed all charges against him.

Davis, the third WMU-Cooley Innocence Project exoneree, is one of its latest breakthrough cases. Another incremental breakthrough came this past summer on a case the program has been litigating for three years. The Michigan Court of Appeals ordered DNA testing in a murder conviction that put a man named Gilbert Poole Jr. behind bars

“It wasn’t the law that gave me hope,” Davis says. “It was Marla. Marla, the innocence project, and those kids. Once I really got to know them and saw how — guns blazing — they were on my case, I was like, ‘I finally got some help.’”

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EXONERATING THE INNOCENT

26 years ago. A prosecutor’s office appealed the project’s win; Poole and project attorneys now await the outcome.

‘DNA TELLS US WHAT’S WHAT’WMU-Cooley’s Innocence Project is unique in Michigan in that it will only consider cases like those of Davis’ and Poole’s — potential wrongful convictions that hinge on DNA. The law school established the program in the wake of a 2001 Michigan law permitting post-conviction DNA analysis when biological evidence exists but wasn’t tested prior to trial.

In 14 years, WMU-Cooley has screened more than 5,300 cases at inmates’ request and is currently investigating several dozen. Guided by Mitchell-Cichon, law students do much of the legal work, including representing clients in court. This past summer, she also took on her first WMU undergraduates as interns to help screen cases. Alongside law students, the interns reviewed trial transcripts,

police reports, lab reports and inmate letters.

Under the DOJ grant, WMU associate professor Dr. Ashlyn Kuersten will teach a course to train undergraduates to assist in the program.

“This grant allows our undergraduate students to use their education to engage

understand their social in

their community — and responsibility — while promoting social justice,” says Kuersten, the grant’s principal investigator.

Mitchell-Cichon and Dr. Mark Hurwitz, WMU political science professor, are the grant’s co-principal investigators.

junior Ashley Chlebek was

Several months ago, WMU junior Ashley Chlebek was still deciding whether she wanted to pursue a law degree. But spending an eye-opening summer reviewing the cases of potentially innocent people locked behind bars decided it. It was enlightening for her to see how the legal system sometimes misses the mark, and the criminal justice major wants to be part of improving the system.

“We’re called the Innocence Project, but we’re looking for truth more then innocence,” says Chlebek, who plans a second internship with the program. “Even if somebody writes to us saying they are innocent, we look at it objectively. It’s more about finding out what actually happened rather than just saying that they’re innocent and trying to prove their innocence. The DNA tells us what’s what.”

“This grant allows our undergraduate students to use their education to engage in their community — and understand their social responsibility — while promoting social justice,” says Kuersten, the grant’s principal investigator.

WMU Professor Dr. Ashlyn Kuersten

From left: WMU student intern, Ashley Chlebek, WMU-Cooley Innocence Project Director Marla Mitchell-Cichon, WMU Professor Dr. Ashyln Kuersten, and WMU Professor Dr. Mark Hurwitz

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ROOTS OF WRONGFUL CONVICTIONInnocence organizations across the nation have won the release of 330 wrongfully convicted individuals based on what DNA testing revealed. Those exonerees served an average of 14 years in prison before release. In addition to freeing the innocent, Mitchell-Cichon says post-conviction DNA testing has revealed how the use of some time-honored, though flawed techniques used to incriminate people, such as eyewitness identification and hair-strand analysis, have led to wrongful convictions.

“In Michigan, and in other states, when we exonerate someone through DNA, if we take a close look, we see one or more of the leading causes of wrongful conviction was present,” she says.

False accusation, misconduct by officials, and misidentification by witnesses are among the top causes of wrongful conviction, according to the National Registry of Exonerations.

The things that can lead to wrongful conviction are nothing new, says Mitchell-Cichon, noting that “we’ve

known since the late 1970s, through social science research, that eyewitness identification is inherently unreliable.”

But she says the hard science of DNA testing has “gotten our attention. It has given us a window into the causes of wrongful convictions like nothing else has.” And DNA analysis has been consistently improving, becoming more discriminating. Such advances periodically lead the WMU-Cooley Innocence Project to reconsider cases it previously closed or wouldn’t consider.

Mitchell-Cichon initially turned away Donya Davis’ request to review his case because the original state law allowing for post-conviction DNA analysis only pertained to convictions prior to 2001. He was convicted in 2007. But the law was amended in 2009 to permit testing in more recent cases that meet certain criteria, including establishing that DNA analysis has advanced since the conviction.

“It’s very easy to prove that there’s better testing now because there is. The (now-defunct) Detroit Crime Lab

Marla Mitchell-Cichon with a student team from WMU-Cooley’s Innocence Project.

Marla Mitchell-Cichon talks to the media.

Kenneth Wyniemko with Marla Mitchell-Cichon.

Donya Davis with his mother, Denise Larry

Marla Mitchell-Cichon and Donya Davis.

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EXONERATING THE INNOCENT

The WMU-Cooley Innocence Project is among those supporting the passage of pending legislation that may result in the state paying victims of wrongful conviction $60,000 for every year spent behind bars.

Marla Mitchell-Cichon speaks on Sept. 29, 2015 at a WMU Constitution Day lecture.

used very antiquated DNA testing,” Mitchell-Cichon says.

“They didn’t have the capability to do what’s called Y-STR testing, which isolates the male DNA in a sample, which can be critically important in a rape case.”

The project is now looking at re-evaluating cases that involve hair-strand comparison analysis, in view of a startling FBI report. In April, the Federal Bureau of Investigation admitted that over a several-decade period prior to 2000, most of its agent-analysts gave false testimony about the strength of hair-strand comparison analysis or submitted lab reports with erroneous statements.

The FBI and the DOJ began reviewing criminal cases involving microscopic hair

analysis after the exoneration of three men convicted at least in part because testimony given by three different bureau examiners was scientifically flawed, according to the bureau.

“There’s been a lot of attention to the ‘science’ we use to incriminate people in our criminal justice system,” the law professor says.

TEXTBOOK EXAMPLEBecause so many things went wrong for him, WMU-Cooley’s first exoneree Ken Wyniemko may be one of the best illustrations of how deficiencies in the legal system can lead to wrongful conviction.

Eyewitness misidentification, false assertions by a jailhouse “snitch,” and some of the actions of law enforcement played a role in Wyniemko’s conviction for sexual assault, breaking and entering, and armed robbery in Clinton Township, a community in southeast Michigan. Wyniemko did not fit the victim’s description of the person responsible for the crimes and there was no physical evidence that linked him, but he spent almost nine years of a 40- to 60-year

prison term paying for the crimes.

Law enforcement contributed to the wrongful conviction by securing a false statement from a jail inmate. And some of the biological evidence from the crime was not tested until the WMU-Cooley Innocence Project became involved, leading to Wyniemko’s 2003 release. Five years later, the person responsible for the crimes was identified through a DNA evidence database. The statute of limitations prohibited the man from being charged, but he was later imprisoned for an unrelated sex crime.

Wyniemko, after being exonerated, filed a federal lawsuit against Clinton Township. In denying the township’s motion to dismiss the suit, a federal judge wrote that officials’ misconduct “was instrumental to the continued confinement, prosecution and conviction” of Wyniemko, which “tainted the legal process” and denied him a fair trial. The township settled with Wyniemko for more than $3 million. In Michigan, pursuing a civil suit is the only avenue for the

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Learn more about exoneree Donya Davis at cooleylawschoolblog.com,

May 10, 2015 post or scan the QR code below.

wrongfully convicted to be compensated for time spent behind bars. Most exonerees will not be able to meet the high standard of proof required to recover civil damages, and some state actors, like prosecutors, are immune from suit, Mitchell-Cichon says.

The WMU-Cooley Innocence Project is among those supporting the passage of pending legislation that may result in the state paying victims of wrongful conviction $60,000 for every year spent behind bars. If the compensation legislation becomes law and it’s retroactive, Davis says every dime will go to his mother, Denise Larry.

“I lost a lot in this, but my mom, she suffered daily. She took care of my children, mortgaged her house. Whatever they give me will never be enough to cover my debt to her,” he said. “I went to prison, but I believe she did more hard time than I

did. It shattered her life. Not only am I her only child, but she was telling the judge, ‘I know it wasn’t him; he was with me.’”

At the time of the crime, Davis says he was home with his mother, fiancée, and children.

“That’s what struck my fiancée and my mom. And a few days later, police came looking for me. … I really don’t have a good fix on how I was accused. But like I told the judge, ‘There’s nothing I can do about something I don’t know about.’”

On the day of his release, Davis’ plans were simple: take a bath and relax into newfound freedom. His children, however, had other plans.

“The whole house was filled with kids, and I just had a great time.”

“The next morning, I ran fives miles. It may sound funny, but the last five years I had

been running in circles in prison. I wanted to see what it felt like to keep going straight.”

Davis ran straight and free that day for the first time in years, but he says his life has remained tripped up by the wrongful conviction. Though he and Mitchell-Cichon are trying to correct his record, the felonies remain on the criminal history database that employers check. Despite his prior felony record, he believes the rape and robbery convictions are what keep potential jobs at bay.

He explains the unusual circumstances to would-be employers, but his background, he says, “makes them doubt me.”

Sen. Steve Bieda (third from the right) joins all the WMU-Cooley Innocence Project team on the Capitol steps after the press conference introducing Senate Bill 291, which provides compensation to the wrongfully convicted.

“The next morning, I ran five miles. It may sound funny, but the last five years I had been running in circles in prison. I wanted to see what it felt like to keep going straight.” DONYA DAVIS

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Tampa BayFrederick McClure, managing partner at the Tampa Bay office of DLA Piper, presented the keynote during ceremonies for students of WMU-Cooley’s Tampa Bay campus.

FALL 2015 GRADUATIONSJOHN McLEAN

CLASS

McClure is also a member of the board of trustees of Earlham College, the former president of the Tampa Club, and former chairman of the board for the Greater Tampa Chamber of Commerce.

“In pursuing success in the profession, remember that success is not a zero sum game. Others don’t have to fail in order for you to succeed,” said McClure. “Because of WMU-Cooley, you are now prepared to join in the battle for justice, to be the voice for the voiceless, to bring hope to the hopeless, and to speak justice for those who suffer injustice.”

Before presenting the gradu-ates with their diplomas, Jeffrey Martlew, WMU-Cooley associate dean, offered the graduates best wishes as they entered the legal profession.

“As you pursue your careers, I urge you to remember three principles that are implicit in the law: Every person has value, treat others as you wish to be treated, and the high moral responsibility to do things right.”

“If you put those principles into practice, you will be a credit to our profession and you will be able to take true pride in what you do.”

“Because of Cooley, you are now prepared to join in the battle for justice, to be the voice for the voiceless, to bring hope to the hopeless, and to speak justice for those who suffer injustice.” FREDERICK McCLURE

(Left) WMU-Cooley Associate Dean Jeffrey Martlew presents Venetia Babida her diploma. (Right) Frederick McClure, managing partner at the Tampa Bay office of DLA Piper, presented the keynote during WMU-Cooley’s Aug. 15 Graduation.

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Michigan145 graduates from WMU-Cooley’s three Michigan campuses were presented with juris doctor and master of law degrees during ceremonies held at the Wharton Center for Performing Arts.

FALL 2015 GRADUATIONS

“Take some time today to take stock and reflect on the very personal and hard fought journey that brought you here. I saw that the law was a powerful tool in the hands of the right people. There is always room for one more good lawyer in the world.” CATHERINE GROLL

The keynote was presented by Catherine Groll (Mont-gomery Class, 1992), a trial attorney at Mike Morse Law Firm in Southfield, Michigan.

Groll was recently awarded the Camille S. Abood Distinguished Volunteer Award in recognition of her volunteer efforts, which include two Global Habitat for Humanity builds and a three-week volunteer program in New Delhi, India, at the Mother Teresa Home for the Mentally Ill. She told the graduates about personal expe-riences that guided her into attending law school, includ-ing the death of her father from medical malpractice, and learning about the inequality and injustices that occur with the immigrant population in New Mexico.

(Top Left) Catherine Groll, WMU-Cooley graduate and trial attorney at Mike Morse Law Firm, presented the keynote during graduation ceremonies. (Bottom Left) WMU-Cooley President and Dean Don LeDuc presents Amanda Curler with her diploma. (Right) Graduate Kevin Berkowitz is presented the law school’s President Achievement Award by President and Dean Don LeDuc.

34

2015 COOLEY FOR KIDS

AT THE BALLPARKAT THE BALLPARKAT THE BALLPARK

WMU-COOLEY HOSTS 15TH

ANNUAL COOLEY FOR KIDS DAY

WMU-COOLEY HOSTS 15TH

ANNUAL COOLEY FOR KIDS DAY

35

Kids participated in an afternoon of fun, including a parade around the ball field with colorful student-made banners, introduction of a dream team during the pre-game ceremony, participation in the first pitch and singing the national anthem, lunch, and the opportunity to take in a Lansing Lugnuts baseball game.

WMU-Cooley students, faculty and staff hosted nearly 500 children from Lansing Parks and Recreation at Cooley Law School Stadium for its 15th Annual Cooley for Kids Day. 

“We are proud to partner with Lansing Parks and Recreation to treat area kids to a Lansing Lugnuts baseball game. It’s an amazing day for all involved, especially the kids. I love the smiles on their faces and to see how much fun they have every year.”

TERRY CARELLA, WMU-COOLEY

DIRECTOR OF COMMUNICATIONS

36

The U.S. Constitution is the framework of the United States government, from the preamble ratified in 1787, to the 27th amendment ratified in 1992. Students first learn about the document in grade school, but many lose sight of its importance in everyday life.

Constitution Dayon WMU-Cooley’s Campuses

Matt Nelson, co-chair of the appellate practice group at Warner Norcross & Judd LLP, addresses law students and legal professionals during the Grand Rapids campus’ Constitution Day event.

2015 CONSTITUTION DAY

37

Constitution Day commemorates the formation and signing of the U.S. Constitution on September 17, 1787. Each September, WMU-Cooley Law School celebrates Constitution Day to reflect on the document’s importance. This year, all four campuses focused on different, but important aspects of the Constitution.

In Lansing, Jonathan Sacks led a discussion about an individual’s right to have the assistance of a defense counsel in accordance to the Constitution’s Sixth Amendment. Sacks was the first executive director of the Michigan Indigent Defense Commission, created to improve legal representation for the poor and underprivileged. Sacks said the commission has been working to propose minimum standards for attorneys representing indigent defendants in Michigan.

In Tampa Bay, students, faculty, and staff learned about the role that courts play in society. The event focused on recent landmark decisions by the U.S. Supreme Court, such as marriage rights being extended to same-sex couples and the legality of the Affordable Care Act. A panel consisting of campus Associate Dean Jeff Martlew and professors Jeffrey Swartz, Paul Carrier, and Brendan Beery, brought the concepts of constitutionalism clearly into focus for more than 60 attendees.

In Grand Rapids, the relevance of the U.S. Constitution in today’s political and social climate was brought to life by Warner Norcross & Judd LLP attorney Matt Nelson. Nelson made the argument that the majority of political decisions should be made by the people acting through their representatives and not by a court made up of non-elected individuals. He suggested that the court’s role should be limited to striking down laws that are contrary to the plain dictates of the Constitution.

And in Auburn Hills, the 800th anniversary of England’s Magna Carta prompted a discussion of that document and how it compares to the U.S. Bill of Rights. Speaker Ronald J. Rychlak, a professor at the University of Mississippi School of Law, also presented an overview of the Bill of Rights and how it was interpreted during the Civil Rights Movement.

Panelists from the Tampa Bay campus address students during the campus’ Constitution Day event.

Jonathan Sacks, the first executive director of the Michigan Indigent Defense Commission speaks at the Lansing campus.

University of Mississippi School of Law Professor Ronald J. Rychlak speaks at the Auburn Hills campus.

38

1977

Graves Class Cartwright, Mary Ann, of Rhoades McKee PC, was named by Michigan Lawyers Weekly as one of its 30 Women in the Law for 2015.

1980

Potter Class Bruce, The Hon. Gary J., was named by the Michigan Supreme Court as Chief Judge in the Berrien Unified Trial Court. He was first elected to the court in1998 and has overseen the criminal division.

1980

Bushnell Class Brown, Theodore A., was named Vice President and Chief Compliance Officer at St. Joseph’s Healthcare

System in Paterson, N.J. He previously served as Senior Vice President and Chief Ethics and Compliance Officer for Rutgers University.

Otis, David, a partner with Plunkett Cooney in East Lansing, Michigan, was selected by his peers for inclusion in The

Best Lawyers in America for 2016 in Municipal Law and Litigation.

1981

Long Class MacCallum, Neil W., an attorney with Collins Einhorn Farrell PC, in Southfield, Michigan, was named to

Best Lawyers in America 2016 in Product Liability Litigation – Defendants.

Menzies, Robert, has joined FisherBroyles LLP, the first and largest national, full-service, cloud-based law firm in the U.S., as a partner. He is a commercial litigator, representing clients in a wide range of industries, including real estate, construction, health care and financial services.

1982

Wing Class McKeen, Brian, managing partner of McKeen & Associates, in Detroit, Michigan, received three

prestigious distinctions. He was named one of National Trial Lawyers’ Top 100 Civil Plaintiff attorneys for 2015, was selected by his peers for inclusion in The Best Lawyers in America for 2016 in Personal Injury Litigation-Plaintiff, and was recognized as one of Michigan’s Leading Lawyers in Personal Injury Law: General, and in Personal Injury Law: Professional Malpractice. McKeen was also chosen to be a faculty member for the American Association of Justice seminar on “Decision Making and Errors in the Emergency Room” on Sept. 25-26, 2015, in Washington, D.C.

1982

Goodwin Class Smolenski, The Hon. Sara, is being honored for her contributions and support by the Girls Choral Academy Nov. 4,

2015, at the organization’s annual event “Let Their Voices Be Heard.” She has been a judge at the 63rd District Court in Michigan since 1996.

1983

O’Hara Class Wickard, Mark, joined Cantor Fitzgerald Wealth Partners, LLC, as part of the firm’s first wirehouse team and office in Michigan. He previously served as executive director in the Morgan Stanley Credit Union Group.

1985

T. Smith Class Wickard, Rebecca, joined Cantor Fitzgerald Wealth Partners, LLC, as part of the firm’s first wirehouse team and office in Michigan. She previously served as First Vice President in the Morgan Stanley Credit Union Group.

1986

Mundy Class Kline, Robert, senior partner with Quarles & Brady, in Tampa, Fla., was recognized by Florida Trend magazine as one of its 2015 Florida Legal Elite. He works in the firm’s Estate, Trust & Wealth Preservation Practice Group. He was also recently appointed by the Florida Bar to serve a three-year term on the Legal Needs of Children Committee.

Wellman, Sherri, was named a Lawyer of the Year in Natural Resources Law by Best Lawyers 2016. She is an attorney with Miller Canfield in Lansing, Mich. She has more than 28 years of experience in administrative, energy, public utility and telecommunications law, representing electric and gas public utilities, oil and natural gas producers, and transmission companies in administrative proceedings and before the courts.

1987

Champlin ClassDavis, Mark A., president and CEO of Howard & Howard Attorneys PLLC, was named to Michigan Super Lawyers

in Real Estate.

1987

Grant ClassFossel, Elizabeth Joy, was elected vice president of the Grand Rapids Bar Association.

1989

Copeland ClassFlanigan, Jayne, and her husband, Dan Hankins, were presented with the Barry County (Michigan) Bar Association Liberty Bell Award. The two co-founded Manna’s Market, which offers food and clothing to people in need in Barry, Ionia, and Eaton counties.

1990

Witherell ClassKnuth, Eric J., the Department Managing Attorney in the General Liability and Civil Liability Division of Vernis & Bowling of Miami, P.A., recently obtained the Martindale Hubbell AV, distinguished attorney rating. His department focuses on all Commercial General Liability, including negligent security, premises liability, commercial trucking matters, wrongful death, catastrophic injury, product liability, and coverage issues.

1991

Turner ClassWaalkes, Marie, was appointed by Michigan Gov. Rick Snyder as Michigan’s director of the Office of the State Employer.

Class Notes

39

1992

Montgomery ClassJones, LTC Leonard W., graduated from the U.S. Army War College July 24, 2015, with a Master of Strategic

Studies degree. He serves in the U.S. Army Judge Advocate General’s Corps as the Deputy Staff Judge Advocate, U.S. Army Cyber Command, Ft. Meade, Maryland.

1993

Hooker ClassDawes, Terry, rejoined McKeen & Associates in Detroit. He will continue his practice as a litigation attorney in the areas of medical malpractice, wrongful death, birth trauma, and vaccine compensation claims.

1993

Carpenter ClassLaCasse, Dawn M., was elected to the State Bar of Michigan Representative Assembly. She represents the 34th Circuit, serving Ogemaw and Roscommon counties.

Lewis, Howard, former partner in Lewis & Leeper, LLP., is now senior partner at the recently merged firm of Lewis Breau, in Framingham, Mass. He continues to practice family law, and is chair of the private client group devoted to family law. He was named a Super Lawyer for 2015 and was named top Divorce Lawyer in the Northeast for the fifth consecutive year.

1994

Ostrander ClassClark-Kreuer, Rhonda, of the Law Office of Rhonda M. Clark, P.C., in St. Louis, Michigan, was named by

Michigan Lawyers Weekly as one of

its 30 Women in the Law for 2015. She is a frequent speaker on the topics of estate planning, long-term care planning, and guardian and conservatorships.

1994

Williams Class Doerr, James R., an associate at Lavelle Law, Ltd., in Palatine, Illinois, was named a member of the American

Association of Premier DUI Attorneys.

1995

Steere ClassWilliams, Ann Marie (Schmitz), joined Grant Thornton LLP as a partner and the Mid-South Private Wealth Services practice

leader, in the firm’s Charlotte, North Carolina, office.

1995

Kuhn ClassRonk, Cheryl L., was named a partner of the law firm of Moffett, Vitu, Lascoe, Packus and Sims, in Birmingham, Mich. She focuses on insurance defense, including intellectual property insurance defense.

1996

Moody Jr. ClassKortering, David B., was elected to the State Bar of Michigan Representative Assembly. He represents the 14th Circuit, serving Muskegon County.

1996

Black ClassLawter, Anne, of Arnone, Arnone & Lawter, was named by Michigan Lawyers Weekly as one of its 30 Women in the Law for 2015.

1997

Fellows ClassDunleavy, Jonathan H., was named a shareholder with Fowler White Burnett, with offices in Miami, Fort Lauderdale, and West Palm Beach. He practices maritime and insurance law.

Ross, Ken, was appointed to the Lansing Board of Water and Light Board of Commissioners. He is Executive Vice President/

Chief Operating Officer for the Michigan Credit Union League.

1998

McDonald ClassBarenbaum, Evan, was named Director of Litigation for Stern & Eisenberg, P.C., in Warrington, Pennsylvania. He oversees the firm’s offices in Pennsylvania, New Jersey, New York, Maryland, Delaware, West Virginia, Virginia, South Carolina, and Washington, D.C.

Lake, Sandra J., with Hall Matson PLC, is a director with the Ingham County Bar Association.

1999

Flannigan ClassGauthier, Aaron J., was elected to the State Bar of Michigan Representative Assembly. He represents the 53rd Circuit, serving Cheboygan and Presque Isle counties.

2000

Rutledge ClassWelsh, Christopher P., of Welsh & Welsh, PC, LLO, in Omaha, Nebraska, is president of the Nebraska Association of Trial Lawyers. He is also chair of the association’s legislative committee, immediate past chair of the AAJ Sole Practitioner and Small Firm Section, committee member of the AAJ Marketing and Practice Development Committee, and was formerly an AAJ state delegate.

2000

Cushing ClassHaessly, Helen M., was recently appointed to the State Bar of Michigan’s Standing Committee on Law Related Education and Public Outreach for a three-year term.

2002

T. Johnson ClassBuurma, Melinda B., of Howard and Howard Attorneys PLLC, was named to the list of Michigan Rising Stars 2015 in Intellectual

Property.

Chartier, Mary, of Alane & Chartier, in Lansing, Michigan, was elected treasurer of the Ingham County Bar Association.

Hitchcock, Anita L., was elected a trustee of the Grand Rapids Bar Association.

2002

Paterson ClassRamos-Vega, Hector L., was recently appointed First Assistant Federal Public Defender for the District of Puerto Rico. He worked for the Federal Public Defender for 10 years as an Assistant Federal Public Defender, and as supervisor for the Appeals Division before being named to his new position.

2003

Toy ClassWashington, Heidi, was named the director of the Michigan Department of Corrections. She has worked for the department for 17 years, most recently as warden of the Charles E. Egeler Reception and Guidance Center.

2004

Cross ClassNesbit, Todd, was elected to the Pennsylvania House of Representatives.

40

Class Notes

Tlaib, Rashida, Community Partnerships & Development Director for the Sugar Law Center for Economic & Social Justice, in Detroit, Mich., was a featured guest speaker at a fundraiser the firm held in New York City Sept. 29. Discussion focused on the political and economic crisis facing Detroit and the work of the center. She is a former member of the Michigan House of Representatives, representing Detroit.

2005

Starr ClassKalogerakos, Anthony, and his wife, Ramina, welcomed their first child, Antonia, on April 9, 2015. Anthony practices personal injury rights and business reorganization with Kalogerakos & Associates, in Chicago, Illinois.

Schaub, Peter, became a partner with Berg Hill Greenleaf Ruscitti LLP. He practices real estate law in Boulder and Denver, Colorado. He continues to focus his practice on real estate, land use and development.

2006

Reid ClassBraem, Michael, co-authored an article titled “What Bilbo Baggins’s Contract Teaches About Plain Language” for the August 2015 issue of The Michigan Bar Journal.

2006

Edwards ClassDeFreece, Austin B., has joined HTC America, in Bellevue, Washington, as corporate counsel. He was also recently appointed to the Arlington, Washington, City Council to fill a vacancy.

Wallace, Jaime (Mitchell), joined Advanced Disposal as the firm’s South Region Human Resources Manager.

2006

Fitzgerald ClassKrohn, Suzanne M., was elected to the State Bar of Michigan Representative Assembly. She represents the 52nd Circuit, serving Huron County.

McIntyre, Janene, City of Lansing Office of the City Attorney, is a director with the Ingham County Bar Association.

Sangiorgio-Hirth, Josephine, has joined HeplerBroom LLC in the St. Louis, Missouri, office as an associate

attorney. She focuses her practice on complex business litigation matters, including toxic torts, products liability, premises liability, and personal injury.

2007

Fisher ClassSimwanza-Johnson, Mpoli, is now an Assistant Attorney General for the state of Wisconsin. She works in the Civil Litigation Unit.

Zimny, Erica, was elected to the State Bar of Michigan Representative Assembly. She represents the Fourth Circuit, serving Jackson County.

2007

Boston ClassHoover, Jeffrey A., of Howard and Howard Attorneys PLLC, was named to the list of Michigan Rising Stars 2015 in

Mergers & Acquisitions.

2007

Brickley ClassRomaszewski, Sandra, a senior associate in the Corporate Department for Fox Rothschild LLP, in Warrington, Pennsylvania, was named to the 2015 list of Lawyers on the Fast Track by The Legal Intelligencer and Pennsylvania Law Weekly. She has been named by Chambers USA as one of the leading corporate attorneys in Pennsylvania for four consecutive years.

2008

Adams ClassBagi Block, Michelle, was inducted into the 2015 Athletic Hall of Fame class at Magnificat High School in Rocky River, Ohio. She swam varsity for her high school for four years, and was one of eight women chosen for the honor who exemplify the spirit of Magnificat on and off the field.

Crandell, Patrick D., an attorney with Collins Einhorn Farrell PC, was named by Super Lawyers magazine to the

2015 Rising Stars list. He was also recently elected to the State Bar of Michigan Representative Assembly. He represents the Sixth Circuit, serving Oakland County.

Zemke, Ryan, was elected to the State Bar of Michigan Representative Assembly. He represents the 16th Circuit, serving Macomb County.

2008

Kavanagh ClassDavidson, Syeda, was elected to the State Bar of Michigan Young Lawyers Section Executive Council. She represents District 1, serving Wayne and Macomb counties.

2009

Coleman ClassMcCarn-Dinehart, Tracie L., was recently elected to the State Bar of Michigan Representative Assembly. She represents the Eighth Circuit, serving Ionia and Montcalm counties.

Young, Jesse, was named a shareholder at Sommers Schwarz, in Southfield, Michigan. He is a member of the

Complex Litigation Group and manages the day-to-day operations of the firm’s national Wage and Hour practice. He previously was an associate with the firm. He has been recognized as a Super Lawyers Rising Star, as well as an “Up & Coming Lawyer by Michigan Lawyers Weekly. He serves on the board of directors for Habitat for Humanity of Western Wayne County.

2009

Riley ClassLewis, Regan (Bledsaw), was elected president of the Decatur Bar Association. She is Managing Attorney of Collections at Heavner, Beyers & Mihlar, LLC, in Decatur, Illinois. Regan and her husband, Quentin Lewis (Kavanagh Class, 2008 and LL.M. 2009) have a son, Connor, 1.

Hightower, Jennifer, was appointed an associate judge in Madison County, Illinois.

2010

Woodward ClassBurrell, Aaron, was elected president of the D. Augustus Straker Bar Association. He is an associate attorney with Dickinson Wright in the firm’s Detroit office.

41

Stella, Lindsay C., an associate attorney with Mirabella, Kincaid, Frederick & Mirabella, LLC, in Wheaton, Ill., was installed as Secretary of the DuPage County Justinian Society of Lawyers. She concentrates her legal practice on family matters.

2010

Witherell ClassBooth, Brandon J., of Howard and Howard Attorneys PLLC, was named to the list of Michigan Rising Stars 2015 in

Business/Corporate.

2011

Sibley ClassMesadieu, Sterlin, was elected to the State Bar of Michigan Representative Assembly. He represents the 16th Circuit, serving Macomb County.

2011

Chipman ClassBarlaskar, Abe, was named a Super Lawyers Rising Star for 2015. He was also appointed co-chair of the Claims and Litigation Management Alliance’s Insurance Fraud committee’s Adjuster Training Sub-Committee. He is an attorney with Plunkett Cooney in Bloomfield Hills, Michigan.

Collison, Nathan, has become president of the Saginaw County (Michigan) Bar Association.

2011

Wilkins ClassSadic, M. Michael, has joined Potestivo & Associates, P.C., as an associate attorney in the firm’s Litigation and Foreclosure departments, in Chicago, Illinois. His professional interests include real property law, commercial litigation, and creditors’ rights.

2012

Hilligan ClassCunningham, Jacob, was presented with the Oakland County Bar Association’s Bonnie Beutler Outstanding New Lawyer Award. He is a judicial staff attorney to the Hon. Mary Ellen Brennan and works in the family law division of the Oakland County Circuit Court.

Engel, Paul T., of Howard and Howard Attorneys PLLC, was named to the list of Michigan Rising Stars 2015 in

Intellectual Property.

2013

Moore ClassNyamfukudza, Takura, of Alane & Chartier, P.L.C., was named the State Bar of Michigan’s Outstanding

Young Lawyer for 2015. The award honors an attorney who exhibits great leadership qualities and who has demonstrated exceptional service to the bar and to the public. He specializes in criminal defense litigation in state and federal court at both the trial and appellate levels.

2013

Marshall ClassAldrich, Robert J., III, joined Rawle & Henderson LLP, in the firm’s Harrisburg, Penn., office. He concentrates his practice in the

area of commercial motor vehicle defense.

2013

Johnson ClassPierre, Miracle, and Shakiva Wade, both graduates of the 2013 William Johnson Class, announce their marriage this past year. They met during law school and reside in New York.

2014

Todd ClassQuardokus, Matthew, has joined Hall, Render, Killian, Heath & Lyman, in the health care law firm’s Detroit, Mich.,

office. He practices health care law with a focus on general corporate matters and contracting.

WMU-Cooley encourages all graduates to contribute information to the Class Notes. We want to learn about your law career and other accomplishments in the legal profession. E-mail communications@cooley.edu

1979

Butzel ClassFarhat, Joseph A., of Lansing, Michigan, died May 2, 2015.

Campbell, Thomas F., of Detroit, died Jan. 10, 2015.

1981

Dethmers ClassKrzyzaniak, Leonard A. Jr., of Dearborn, Michigan, died March 15, 2015.

1982

Brooke ClassFitchett, Thomas, A., of Brighton, Michigan, died March 14, 2015.

1986

Mundy ClassHanson, Scott K., of Marquette, Michigan, died March 29, 2015.

1989

Copeland ClassReilly, Michael J., of Lansing, Michigan, died Jan. 18, 2015.

In Memorium

42

Faculty Briefs

Tammy Asher

Associate Professor

Co-presented,

with David

J. Tarrien,

Elizabeth Bloom, Jeanette Buttrey,

and Kathy Gustafson, “Flipping the

Curriculum: Everything You Need

to Know About Teaching Through

Formative Assessment,” at

the Association of Academic

and Support Educator’s (AASE)

Conference, in Chicago, Illinois, on

May 27, 2015.

Gary Bauer

Professor

Attended, the

ABA Tech Show,

in Chicago, in

April 2015.

Attended, the ABA annual

meeting as a newly appointed

member of the ABA Solo and

Small Practice Section, Legal

Educator’s Committee, and also as

a representative of the ABA Law

Practice Management Section Solo

and Small Firm Committee, in

July 2015.

Began, work and proposal for ABA

publication of book to guide solo

practitioners in preparation for

practice through the Publication’s

Committee of the Law Practice

Section of the ABA.

Conducted, webinar for the ABA,

Practice Management Section, on

Nov. 5, 2015, on “Medicaid

Risk Analysis.”

Presented, “Drafting Deeds, History

and Process,” for the Ingham

County Bar Association, in

March 2015.

Serves, on the ICLE Executive

Committee; Law School

Access Subcommittee.

Attended, the ICLE Elderlaw

Institute, in September 2015.

Moderated, Plenary Sessions,

Marketing/Law Practice

Management Track, ICLE, Solo

and Small Firm Institute, in

September 2015.

Serves, as a member of the State

Bar of Michigan 21st Century

Practice Committee, Practice

Committee: Business Model,

Non-Traditional and Alternative

Business Model Innovations and

Recommendations.

Attended, a two-day

seminar, “Double Your Sales -

Selling with Stories Professional

Workshop,” in September 2015.

Organized, a presentation for

students to all campuses on

Sept. 19 for those interested in

going solo.

Organized, a presentation, for those

interested in large-firm employment

and how preparation for large

or solo work requires the same

resourcefulness, innovation,

and skills. 

Created, over 64 postings on

his Solo Lawyer By Design blog,

since January. Some entries were

reposted on the WMU Cooley Blog,

one was reproduced at a seminar,

many appeared online, and some

were reprinted in hard-copy

publications with his permission.

Paul Carrier

Professor

Wrote, an

article about his

experiences as

a legal extern,

with the same parameters as

the ones followed by the externs

that he supervises, entitled

“A Law Professor’s Externship

Experience: Putting One’s Self in

a Law Student’s Shoes.” It may

be downloaded from the Social

Science Research Network at ssrn.

com/abstract=2658336.

Continues, to remain active with

various activities of the J.W.

Fulbright Scholarship programs.

Mark Cooney

Professor

Published, an

article called

“The Pros

Know: Plain

Language is Just Good Writing,”

in the September 2015 volume of

the Michigan Bar Journal.

Co-edited, as editor in chief,

volume 16 of The Scribes Journal

of Legal Writing.

Quoted, in Michigan Lawyers

Weekly article, “Tailor-Made

Advocacy: When Should Your Oral

Argument Focus on a Specific

Judge?” concerning sound

preparation for appellate

oral arguments.

Attended, the Scribes annual awards

luncheon in Chicago, where Scribes

honored Lord Woolf, the former

Lord Chief Justice of England

and Wales.

Attended, the State Bar of Michigan

Appellate Practice Section’s 20th

Anniversary Dinner and Council

Meeting honoring past chairs.

43

Renalia DuBose

Visiting Professor

Received, a

publication

commitment

from the Law Review at her alma

mater, Florida Agricultural and

Mechanical University College of

Law, to publish her article “New

Laws Reflect the Rethinking of

Excessive Mandated Standardized

Testing in America’s Public

Schools.”   

Gerald Fisher,

Professor

Presented, at

the annual joint

conference

of the State

Bar Public Corporation Law

Section and Michigan Municipal

Attorneys Association in St.

Joseph, Michigan, on municipal

law. He also served as organizer

and “commissioner” of the annual

bocce ball tournament held at

the conference.

Served, as the keynote presenter

at the Auburn Hills campus

Honors Convocation.

Presented, with others, a sunfish

sailing workshop in Clarkston,

Michigan, teaching sailing

concepts, rigging, and one-on-one

sailing lessons.

Served, as the principal speaker

for the Oakland County Parks

and Recreation Commission at

the annual Arts, Beats, and Eats

Festival in Royal Oak, Michigan.

Appeared, on the cable TV program

Eye on Oakland, discussing “Good

News for Oakland County Parks.”

Established, with Associate Dean

Vestrand, a “Kitchen Cabinet” to

discuss methods of enhancing

the relationship between faculty

and students and improving

academic capabilities of students

for final exams and the Bar

exam. These discussions led to

the establishment of an Auburn

Hills pilot “house program,” for

organizing advisers and advisees.

Re-elected, chairperson of the

Oakland County Parks and

Recreation Commission.

Selected, by the Michigan

Association of Municipal Attorneys

to manage a new publication on

exceptions to the Freedom of

Information Act, which is to involve

research and reporting activities by

WMU-Cooley Law School students.

Continued, to provide pro bono

services for citizens in Chelsea,

Michigan, attempting to preserve

conservation and recreation areas

in, and also preserve an historic

downtown area in Washtenaw

County.

Provided, pro bono services for

two churches on land use matters

involving approvals of special land

uses and the display of signage.

Provided, pro bono legal services

in the form of negotiations and

document drafting for Oakland

County Parks and Recreation on

establishing a first-time partnership

with the Michigan Department of

Natural Resources for construction

and operation of an off-road vehicle

facility.

Co-authored, an article on due

process, in the September 2015

edition of the Michigan Bar Journal.

Interviewed, by the Oakland Press

newspaper on the application of

the Freedom of Information privacy

provisions, with articles appearing

in the Oakland Press and Royal Oak

newspapers.

Interviewed, by WWJ and M-Live, on

the same sex marriage cases before

the U.S. Supreme Court.

Quoted, in the M-Live online news,

on constitutional issues concerning

the Kentucky dispute concerning

the issuance of licenses for

gay marriage.

Christopher G. Hastings

Professor

Appointed, to

the State Bar

of Michigan’s

Access and Affordability Committee

of the 21st Century Practice Task

Force, where he chairs one of its

subcommittees.  The task force is

charged with radically rethinking

the way in which legal services are

provided to address the needs of

the 21st Century legal consumer.

Reappointed, to the State Bar of

Michigan’s Standing Committee on

the Unauthorized Practice of Law.  

Reappointed, to the Grand Rapids

Bar Association’s 3R’s Steering

Committee, which has developed,

and with the help of Bar members

and Cooley students, is providing

Constitutional Law and career

planning instruction to students in

Grand Rapids’ inner city schools.

Appeared, in various media outlets,

including the Detroit Free Press,

the Grand Rapids Press, M-Live,

Legal News publications in

Michigan, WOOD TV 8, WZZM TV

13, and FOX TV 17.

44

Faculty Briefs

Joseph Kimble

Professor Emeritus

Gave, a keynote

address and

a writing

seminar at the 2014 international

conference co-sponsored by IC

Clear and Clarity. The address

was called “No, the Law Does Not

(Normally) Require Legalese.” The

conference was held in Antwerp

and Brussels.

Gave, the same talk at the

international conference “Editing

Goes Global,” sponsored by the

Editors’ Association of Canada and

held in Toronto.  

Gave, a keynote address at a one-

day workshop sponsored by the

Legal Writing Institute and held

at California Western School of

Law. The address was called “Wild

and Crazy Tales from a Decade of

Drafting Federal Court Rules.”

Gave, the same talk at the Rocky

Mountain Legal Writing Conference,

held at the University of New

Mexico School of Law. 

Spoke, at the 10th Biennial

Conference of the Plain Language

Association International, held in

Dublin. The talk was called “The

Case for Plain Language.”

Attended, the summer meeting of

the Standing Committee on Federal

Rules in Washington, D.C. 

Attended, the annual meeting of

Scribes—The American Association

of Legal Writers—in Chicago.

Published, an article called “You

Think Lawyers are Good Drafters?

in The Green Bag. The article was

reprinted in the Michigan Bar

Journal.

Published, an article called “The

Doctrine of the Last Antecedent,

The Example in Barnhart, Why Both

Are Weak, and How Textualism

Postures” in The Scribes Journal of

Legal Writing. The article was partly

reprinted in Judicature.

Linda K. Kisabeth

Professor

Promoted,

from Associate

Professor to

tenured Professor.

Appointed, to the State Bar of

Michigan Character & Fitness

Committee and the Membership

Services Committee.

Don LeDuc President, Dean, and Professor

Published,

by Westlaw,

the 2015 edition of Michigan

Administrative Law, which he

authored. The first edition appeared

in 1993, and a revised edition was

published in 2001. The current

edition completes 22 years of

annual supplementation. Called by

the publisher a “pamphlet,” the

text itself is now 1,060 pages and

it is accompanied by well over 200

pages of added materials, such

as appendices.

Nelson Miller Associate Dean and Professor Presented,

Priorities and

Coverage, ICLE

Second Annual No-Fault Summit,

Plymouth, Michigan, April 23,

2015.

Authored, the casebook, Civil

Procedure in Practice, Volume II:

Adjudication Process & Results (2d

ed. Vandeplas Pub. 2015).

Co-authored, the book, Preparing

for the Bar Exam: Plans, Programs,

Content, Conditions, and Skills

(Crown Mgt. 2015) with

WMU instructional-design expert

Dr. Doug Johnson.

Michael K. Molitor

Professor

Appointed, as the

Official Reporter

for the Business

Corporation Act Committee of the

Business Law Section of the State

Bar of Michigan.

James Robb Associate Dean and General Counsel Presented, and

was master of

ceremonies at two symposia “Food

for Thought — Tips on Good

Governmental Practices,” on the

topics of governmental ethics, the

Open Meetings Act, the Freedom of

Information Act, and parliamentary

procedure in governmental

organizations, before the city

of Birmingham, Michigan on

Sept. 24, 2015.

Devin Schindler

Professor

Interviewed,

on WKAR

AM, on

“Constitutional

Rights of Public Employees,” on

Jan. 12, 2015.

Interviewed, on WOOD AM-FM, on

“Supreme Court and Circuit Splits,”

on Jan. 15, 2015.

Interviewed, on WZZM-TV,

on “Cert Grants and Fundamental

Rights,” on Jan. 17, 2015.

Interviewed, on WZZM-TV,

on “Status of Legalized Same Sex

Marriage,” on Jan. 18, 2015.

Interviewed, on WZZM-TV,

on “Mission Statements and the

Establishment Clause,” on

Feb. 24, 2015.

Interviewed, by the Flint Journal,

on “The Second Amendment and

Open Carry in Schools,” on

March 8, 2015.

45

Interviewed, on WOOD AM-FM,

on “School Prayer,” on

March 22, 2015.

Interviewed, on WOOD AM-FM,

on “Corporate Defamation and

Sexual Assault Allegation,” on

April 7, 2015.

Interviewed, on WZZM-TV,

on “Previewing the Supreme Court’s

Marriage Equality Argument,” on

April 24, 2015.

Interviewed, on WZZM-TV,

on “Insights from the Marriage

Equality Arguments,” on

April 28, 2015.

Interviewed, on WOOD-AM/FM,

on  “Ex Post Facto and Sexual

Assault Laws,” on May 7, 2015.

Interviewed, on WZZM-TV, on “Body

Integrity and Circumcisions,” on

May 14, 2015.

Interviewed, on WOOD-AM/FM,

on  “The Supreme Court 2015

Term,” on June 7, 2015.

Interviewed, on WOOD-AM/FM

Morning Show, on “Religious

Freedom and the State’s Mini-

RFRA,” on June 18, 2015.

Interviewed, on WOOD-AM/FM

News, on “Preview of the Upcoming

Decision in Deboer,” on

June 18, 2015.

Interviewed, on WDTW/WTKG-AM,

on “Preview of the Upcoming

Decision in Burwell,” on

June 19, 2015.

Interviewed, on WOOD-AM/FM, on

“Religious Freedom and Legislation

to Protect Religious People,” on

June 22, 2015.

Interviewed, on WOOD-AM/FM,

on “Horne:  Categorical Takings and

Just Compensation,” on

June 23, 2015.

Interviewed, on WZZM-TV,

on “Saving Obamacare:  King v

Burwell,” on June 25, 2015.

Interviewed, on WDTW/WTKG-AM,

on “Textualism vs. Interpretivism

and PPACA,” on June 26, 2015.

Interviewed, on WOOD AM/FM,

on “What’s Next for Affordable

Care,” on June 26, 2015.

Interviewed, on WZZM-TV,

on “Obergefell and the Right to

Marry,” on June 26, 2015.

Interviewed, by M-Live,

on “Textualism, Contextulism and

Purposevilism,” on July 1, 2015.

Interviewed, on WJRW,

on “Liberalism and the 2015

Court,” on July 1, 2015.

Interviewed, by the Associated

Press, on “Amending the Michigan

Constitution,” on July 27, 2015.

Interviewed, on WKZO-AM,

on “Duties of Public Officials and

the Free Exercise Clause,” on

Sept. 23, 2015.

Amy Timmer,

Associate Dean and Professor

Reappointed,

to the ABA

Standing

Committee on Professionalism for a

three-year term.

Appointed, to the State Bar of

Michigan 21st Century Practice

Task Force Modernizing the

Regulatory Machinery Committee.

Christopher Trudeau

Professor Presented, “Informed

Consent in

the Age of Health Literacy,” at

the European Union’s 3rd Annual

Health Literacy Conference in

Brussels, Belgium, Nov. 17-19,

2015. 

Presented, Communicating Risk:

Informed Consent in Healthcare,

during a panel discussion at Health

Literacy Missouri’s Annual Health

Literacy Summit Oct. 15-16, 2015. 

Presented, Re-Imagining Informed

Consent in the Age of Health

Literacy, at WMU’s Medical-

Humanities Conference Sept.

24-25, 2015. 

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