On the Record Summer 1993: A Magazine for Graduates: St. Mary's University School of Law

Dublin Core

Title

On the Record Summer 1993: A Magazine for Graduates: St. Mary's University School of Law

Description

The Moderate Rehnquist, Hiring in the '90s: What's the Outlook?, Campus News, In Services to Others, Meet St. Mary's Law Students, Faculty Notes, Alumni News, Law Alumni Association: Chartering New Directions, St. Mary's Night in Austin, 1993 Distinguished Graduate, Class Notes

Creator

Elise D. Garcia, Melanie Rush Davis, J. Scott Schrader, Craig Stafford, Vincent R. Johnson, Mary Brennan Stich, Sister Grace Walle, Wallace R. Crow Jr.

Publisher

St. Mary's University School of Law

Date

1993

Relation

On the Record: A Magazine for Graduates: St. Mary's University School of Law

Format

RFC3778

Language

English, en-US

Identifier

STMULaw_OnTheRecord1993Summer

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Text

The Moderate
Rehnquist

Hiring in the '90s:
What's the Outlook?

Alumnre/i
News

6

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BARBARA BADER ALDAVt

WILLIAM

DEAN AND PROFfS50R

P'lESID. NT

Sr.

MARY S UN.VtRSrry

$.

,L OF LA.W

I am pleased and proud to introduce this inaugural issue
of On the Record, the new magazine for graduates of St.
Mary's University School of Law. From cover to cover,
the magazine is primarily the work of Elise D. Garda, the
Law School's multi-talented Director of Communications
and Development. In the future the magazine will be
published, and sent to you and other alumnae/i and
friends of St. Mary's, twice each year.
Once you have caught up on the campus news, digested
the feature articles, read about your classmates' and professors' achievements, and browsed through the entire
magazine, I invite you to write to us. Although we always
are delighted to accept any compliments that come our
way, we also pay close attention to the criticisms and suggestions that we receive. We are especially interested in
learning what you are doing, and what you believe should
be happening (or should not be happening) at your alma
mater .
We plan to include some "Letters to the Editor" in future
issues of On the Record. So please let us know what you
think-about the magazine, about the Law School, or
about the world. We look forward to hearing from you.

JR.

S~. MARY'S UNIVER"T'i

LAw

ALl_MN A,,,. (' 4.TI N

It gives me great pleasure to invite each of you to savor
this inaugural issue of On the Record. This innovative
publication for the graduates of St. Mary's University
School of Law provides a new vehicle for each of you to
receive valuable information about the School of Law
and contemporary legal issues, and to communicate your
own points of view on issues of significance to law students and practicing attorneys in our ever-changing
world. Whether you wish to contribute an article on a
topic of interest, express your opinion on a vital issue, or
let us know what you and your contemporaries are
doing--we enthusiastically welcome your involvement
and participation.
On behalf of the Board of Directors of the St. Mary's
University Law Alumni Association, I am honored to be
a part of this first issue of what I hope will become a permanent medium of communication for the School of
Law. Our objective is to renew the lines of communication with so many of you who have been longtime and
enduring friends of the School of Law and, even more
importantly, to open the lines of communication with
those of you who may have lost your sense of identity
with St. Mary's.
With this significant new publication, I invite each of
you to go "on the record" with your thoughts and ruminations about St. Mary's University School of L~w, and
life beyond. Let us hear from you soon.

ST. MARY'S UNIVERSITY SCHOOL OF LAW
A MAGAZINE FOR GRADUATES

Departments

Features
The Moderate Rehnquist

Campus News ........................................................ .. ... 2

by Professor Vincent R. lohnson

In Service to Others ................................................. 14
Meet St. Mary's Law Students ................................ .16

6

Faculty Notes .................... ............ ... ......................... 18
Alumn.e/i News
Law Alumni Association:
Charting New Directions .................................. 22

Hiring in the '90s:
What's the Outlook?

St. Mary's Night in Austin ............................... 24

by Associate Dean Mary Brennan Stich

C lass Notes ........................................................ 25

12

University Administration
Rev. Joseph Uvietta, S.M.,

Law Alumni Association
Board

Chancellor

William R. Crow ('78), President

Rev. John Moder, S.M., Ph.D.,

Fred Riley Jones ('79),

President

Vice President

Charles L. Correll, Ph.D., Vice
President, Academic Affairs·
Barry E. Abrams, Ed.D., Vice
President, Enrollment Management • Thomas L. Heaton, Vice
President, University Relations
• Ruth Rodgers, Vice President,
Student Services • Daniel J.
White, Vice President, Administration and Finance • Bro.
Eugene Meyerpeter, S.M.,
Assistant to the President for
Planning and Research.

Law School Administration
Barbara Bader Aldave, Dean and

Professor
Yvonne Cherena Pacheco,

Associate Dean for EnroUment
Management
David Dittfurth, Associate Dean
for Academic Affairs and Professor
Mary Brennan Stich, Associate
Dean for Career Services and
Alumni Relations

Merrie Moore Cavanaugh (,84),

Secretary
Nelson A. Clare ('72), Treasurer
Timothy (Ty) T. Griesenbeck,
Jr. ('76),

1993 Distinguished Graduate ........................... 24

St. Mary's University School of Law was founded in 1927 in San Antonio, Texas,
by the San Antonio Bar Association. Seven years later, the Law School was
accepted as part of St. Mary's University, an independent Catholic institution
founded in 1852 by four Brothers of the Society of Mary.
St. Mary's University seeks to give its students the knowledge and the attributes
of mind and character essentia l to the effective rendition of public serv ice in one
of the learned professions. The Law School seeks to impart to its students a clear
understanding of the true function and aim of the legal system-the attainment
of justice.

President-Elect

St. Mary's University School of Law was approved by the American Bar Association in 1948. It was admitted to membership in the Association of American Law
Schools in 1949.

Sara Dysart (,81), Immediate

Enrollment is limited to approximately 700 students.

Past-President
Sue T. Bentch (,87)
Rosa Marfa Cabezas-Gil ('87)
David E. Chamberlain ('78)
Dan D. Cox ('87)
C laude E. Ducloux ('76)
Suzette Skolka Kinder ('88)
Susan G. Lozano ('89)
Keith B. O'Connell (,81)
Randolph N. Osherow ('77)
H. Pamela Schoch ('77)
Edward F. Shaughnessy, III ('81)
Mary Brennan Stich ('81)
Alejandra 1. Villarreal ('79)

On the Record, a magazine for alumnae/i and friends of St. Mary's University
School of Law, is published semiannua ll y by the School of Law.
Editor: Elise D. Garda, Director of Communications and Development,
St. Mary's University School of Law
Design: Parallel Design, Inc.
Printing: Gordon Printing Co.
Photos: Melanie Rush Davis, J. Scott Schrader, and C raig Stafford

On the Cover: ST.

."

"'-' Printed on recycled paper.
St. Mary's University School of Law
One Camino Santa Maria
San Antonio, Texas 78228-8606

(210) 436-3424

MARY 'S

LAW STUDENTS GET DOWN TO
BASICS, HELPING TO BUILD A
HOUSE FOR A LOW-INCOME
FAMILY.

Cover Photo: J. Scott Schrader
Copyright © 1993 On ,he Record. All rights reserved.

CAMPUS

NEWS

Professor Gerald S. Reamey
Named Associate Dean for
Academic Affairs
Professor Gerald S. Reamey recently
was named Associate Dean for Academic Affairs by Dean Barbara Bader
Aldave. Professor Reamey will assume
the position on June 1, 1993, when
Associate Dean David Dittfurth steps
down in order to resume full-time
teaching, after four years of outstanding
service in the administration of the Law
School. "David has brought tremendous
energy, talent, and commitment to the
performance of his tasks as Associate
Dean," said Dean Aldave. "It would be
difficult to exaggerate how much his
support has meant to me, or how much
he has contributed to the School of
Law."
Although he
will be missed
by his colleagues in the
Administration, Dean Dittfurth's friends
on the faculty
and in the student body are
delighted to
welcome back
to full-time teaching one of the Law
School's most popular professors.

D AVID A . D ITIFURTH

Professor Reamey, an expert in criminal
law, joined the St. Mary's faculty in
1982 following several years of private
pratice. He teaches criminal law and
procedure, comparative procedure,
jurisprudence, and international human
rights. In 1992, he was awarded the Distinguished Faculty Award by the St.
Mary's University Alumni Association.
"I have always enjoyed close association
with students and alumnae/i, colleagues
on the faculty, and our school's administration and staff," says Professor
Reamey. "As Associate Dean, I hope to
On the Record / Summer 1993

St. Mary's Students Establish
Public Interest Law Association

G ERALD S . R EAMEY

"I'm convinced that the Law School
is a rising star in American legal
education, and it's exciting to be a
part of that growth in a role that is
new and challenging for me. "

.++
+

Earlier this year, more than sixty St.
Mary's students attended the inaugural
meeting of a new campus organization
dedicated to promoting public service
and careers in public-interest law.
According to Connie Liem (2L), Program Director of the Public Interest Law
Association (PILA), one of the goals of
the organization is "to instill community values in students and give them a
social consciousness that will encourage
them to pursue public-service-oriented
jobs."
The Association plans to conduct a
series of fund-raising activ ities in order
to provide stipends to St. Mary's students who accept public-interest
employment during the summer. PILA
members also hope to establish a loanrepayment fund that will help debt-burdened graduates who choose publicinterest careers.

further develop and extend these ties,
to bring our academ ic community even
closer together. I'm convinced that the
Law School is a rising star in American
legal education, and it's exciting to be a
part of that growth in a role that is new
and challenging for me."
Professor Reamey was the co-founder
and is the Associate Director of the St.
Mary's Institute on World Legal Problems at Innsbruck, Austria. He is the
author of a treatise on Texas criminal
law, and the coauthor of a casebook on
Texas criminal procedure. He also has
written numerous articles on criminal
law and is in great demand as a guest
lecturer on the subject. Professor
Reamey received his undergraduate
degree from Trinity University and
earned both his J.D. (in 1976) and
LL.M. (in 1982) from Southern
Methodist University. He lives in San
Antonio with his wife, Kay, and 10year-old daughter, Anne.

2

\
ASSOCIATE D EAN Y VONNE C HERENA P ACHECO
WELCOMES PROSPECTIVE LAW STUDENTS TO
S T. M ARY'S FIRST " O PEN H OUSE.»

St. Mary's Hosts First Open
House For Law School
Applicants
On January 23, more than 200
prospective students, most from T exas
but some from out of state, attended the
first "Day- in-the-Life-of-a-Law-Student"
Open House ever held by St. Mary's
Univers ity School of Law. The Open
House was sponsored by the Adm issions
Office of the Law School in order to
answer questions and provide guidance
for men and women seeking information about the law-school experience.
The day long event was coordinated by
Yvonne C herena Pacheco, Associate
Dean for Enrollment Management, with
the help of Catherine L. Mery, Admissions Officer, and Diane Mendoza, Secretary. A number of professors and law
students participated in the program,
which included demonstration classes
and presentations on financial aid and
career services. Du ring the lunch break,
student representatives offered their
perspectives on life in a law school, and
provided tours of the St. Mary's campus.
The response to the Open House was
overwhelmingly positive. "Wonderful
experience !" wrote one of the attendees
in the evaluation form that she submitted at the end of the day. "Excellent
program: make it ava ilable on an annual
basis," wrote another. In fact, Dean
C herena Pacheco and the staff of the
Admiss ions Office are planning to hold
two open houses each year. The next
one is scheduled for October 1993.

PROSPECTIVE STUOENTS SAMPLE THE LAW-SCHOOL EXPERIENCE IN DEMONSTRATION
CLASSES AT ST. M ARY'S .

"Day,in,the,Life" Series
Provides the Real Picture of
Practicing Law

ApPLICATIONS TO ST. MARY'S
UP DESPITE NATIONAL AND

Last fall, the St. Mary's Office of Career
Serv ices launched a "Day-in-the-Lifeof-a-Lawyer" series of lunchtime conversations about the practice of law.
The program, held over a period of several weeks, brought a number of San
Antonio practitioners to the Atrium of
the Law Administration Building to
meet with St. Mary's law students and
to describe to them what it is like to be
a tax specialist, or a public defender, or
a corporate attorney, or an immigration
lawyer.
Among the St. Mary's law grad uates
who participated in the volunteer
program were Judith Castro (,8 1), Merrie Moore Cavanaugh (,84), Nelson
C lare ('72), Kathy Compton (,85), Bill
Crow ('78), T om G iltner (,86), Fred
Jones ('79), Mary Q. Kelly ('74) ,
Richard Noll (,72), Ed Shaughnessy
(,81), Mark Stevens ('79), and Alejandra
Villarrea l ('79).

REGIONAL TRENDS

Even though the number of
applications to law schools in nearly
every region of the country is falling,
St. Mary's University School of Law
continues to enjoy a significant
increase in the number of applications it receives.
According to the Law Services
Report of the Law School Admission

Council / Law School Admission Services, applications to law schools in
the South Central region (Texas ,
Oklahoma, Arkansas, and
Louisiana) were down by 22.6
percent from 1991 to 1992. At
St. Mary's, however, applications
increased by 19 percent during the
same period, from 1 ,800 applications in 1991 to 2,140 applications
in 1992. To date, the number of
applications to St. Mary's for the
1993 entering class is running
ahead of the number received last
year.

3

St. Mary's Law Journal:
"Most,Cited" Law Review
in Texas!
In a recent article, the Texas Bar Journal
reported that the St. Mary's Law Journal
was the most-cited law review in T exas.
"While many of the figures [in a study
conducted by Laura Justiss of Mead
Datal confirm widely held beliefs, there
are one or two surprises," the authors of
the article wrote. "Perhaps the biggest
surprise is the ove rall 'winner' in the
combined total number of federal and
T exas appeals court citations to articles
produced during a 20-year period
(1 970-89) in the state's 'front line' law
rev iews: the St. Mary's Law Journal."

ENVIRONMENTAL LAW STUDENTS TOUR A LOCAL SEWAGE-TREATMENT PLANT.

New! Environmental Law
Internships
Mo re than a doze n St. Mary's law students are enrolled in a new Environmental Law Practicum taught by Associate Professor Diana Borden. While
engaged in traditional academic pursuits
in the classroom, the students also are
participating in environmental internships in San A ntonio and Austin fo r a
minimum of ten hours of work per
week.

A ccording to the article, the St . Mary's
Law Journal "barely nudges out the venerable Texas Law Review for the number
one pos ition. The St . Mary's Law
Journal's strength is also reflected in its
strong first place ranking in citations by
state judges over the same 20-year
period."
The authors' conclusion ? "The St.
Mary's Law Journal looks like a good
buy for any Texas law office."

O n the Record / Summer 1993

Professor Borden arranged many of the
placements, but some of the students
found their own opportunities, and the
Environmental Law Society worked
hard last fall to develop leads for poss ible placements. As a result, St. Mary's
students are now wo rking at the T exas
W ater C ommission (San Antonio ), the
T exas Air C ontrol Board (Austin), the
San Antonio City Attorney's Office,
Kelly Air Force Base (San Antonio),
the Environmental Defense Fund
(Austin) , the Sierra Club (Austin), the
T exas Nature C onservancy (San Antonio), and the Environmental Protection
Division of the Texas Attorney G eneral's Office (Austin) .

4

"I bel ieve that this is a good example of
the Law School's responding to the
expressed interests and needs of the students, and its building of bridges
between the academic experience and
professional life," sa id Professor Borden.
The aim of the program, according to
Professor Borden, is "to give stude nts
practical know-how and related substantive training in the classroom, and
to help them develop contacts for fu ture
employment. "

ONGRATULATIONS

,


We salute the following members of the
St. Mary's University School of Law
Class of 1993:

Paul K. Abokhair
Amy Ann Ahrens
Brad S. Akin
Virginia J. Aranda
M. Winnfield Atkins, IV
Daryl Rogers Atkinson
Cecil William Bain, III
Carrie Anna Alexander Baker
Kim Jones Baker
Mark Edward Bardwil
Mary Ann Bashour
Shena Ann Bassett
Julie Carol Bauknight
William Thomas Bayern
Seana Michael Beckerman
Mary Anne Belan
Sean Curran Bell
Phil Alan Bellamy
Paul A. Bezney
Edgar Javier Borrego
William Timothy Bowersox

Matthew David Bradley
Donald Thomas Brennan
Sean Patrick Brennan
Joseph Francis Brophy, III
Celeste Ann Brown
Deborah E. Brown
Sharon Marie Brunner
Robin Bell Brzozowski
Wayne L. Burges
Michael Jay Burns
Susanne L. Burton
Frank Louis Carrillo
Kimberly A. Cawley
Irene Gema Cejas
James David Chafin
Jimmie Oliver Clements, Jr.
Christopher Todd Coco
Andrew N. Cohn
Elizabeth C. Connor
Jim Anthony Coppedge
Marcia Lynn Crook
Scott Cohron Crutchfield
David L. Cunningham
Karen Anne Cusenbary
Elaine Damian
Mary Christina Davis
Douglas Gerard Deffenbaugh
Nancy L. DeLeon
John Thomas Detmar

Charlene S. Dohrn
John David Douglas
Catherine Ann Dufilho
Susan E. Dvorak
Melissa Dale Eastham

Joan Alison Ely
Laurie J. Elza
R. Rene Escobedo
Jose Luis Flores
Renee Alison Forinash
Janet Ann Freeman
James Tracy Fults
Jaime Roel Garda
G. Dale Gear, Jr.
David Royce Gipson
Paige A. Glicksman
Rinaldo J. Gonzalez
Newby Grant Goodwin
Peter Burton Gostomski
John Charles Grace
Jeffrey C. Grass
Marc Edmond Gravely
Gregory Clay Gray
John Patrick Green
Laura Gail Greenberg
Kelley Leigh Greenwood
Anne Cobbledick Gritzer
Sarina Drago Hager
D. Kent Hardin
Clinton Thomas Harmon
Joseph F. Harney
Edward T . Hecker
Laura Naumann Heller
E. Mathew Hennessey
T res Scott Hewell
Robert McMurtry Hicks
Elizabeth Leslie Higginbotham
Vance W. Hinds
John David Howard
Shawn Patrick Hughes
Thomas O. Hutchison
Craig T. Jordan
Stephen Alan Katz
Alexander Lawrence Katzman
Leah Bumpus Kauffman
Jeff D. Kelley
Jennifer Anne Kinder
Patricia Brown Klenk
Robert Arthur Kline
Kevin M. Kolb

Patricia J 0 Kramer
Andrew Robert Kunau
Camila Hart Walton Kunau
Kate Marie Kunz
Kimberly Janyne Land
Frank Lloyd Leffingwell
Robert W. Lesniak
Christopher Chay Blythe LeUnes
Kelly Anne Loftus
Robert E. Longo
Louis Elias Lopez
William Joseph Maiberger, Jr.
Christopher L. Makay
Cynthia Kent Maragoudakis
Amy Christina Martin
Greg K. Mathews
David Cris Mayorga
Kelly Dan McClennahan
Robert Alfred McGlohon, Jr.
Susan Theolinda McNeil
Georgia Leigh Meaney
Timothy Andrew Meek
Jordan Carter Meyer
Michael Sidney Miller
Melody Ann Tadlock Mills
Jean-Marc Gomez Mira
Maria Claudia Montani
Diana Elena Morales
Mark William Moran
Randal A. Mowery
Jude Clarke Mueller
R. Aaron Mueller
C. Jeffrey Mulliner
Courtney Baetz Newton
Erie Allen Nye, Jr.
Michael Charles O'Brien

Christy T. O'Connor
J ames Steven Orr
Kay Casner Overley
Joseph Jude Pad ian
Diane Palmiotti
Matthew R. Pearson
Douglas Edwin Pennebaker
Jaime J. Pena
Michael Kregg Phillips
Traci Ann Phillips
Jacob Nathan Pollack
Iris Brite Porter
Steven P. Price
Robert Eric Reed
Jocelyn LaVille Reyman

Lloyd Leonard Rich
Clayton David Richter
Paula Maddox Roalson
Diana Lynn Roberts
Mark C. Roberts, II
Mary Ann Schorlemer Roberts
John Herbert Robertson
Raul M. Rodriguez
Ted Rodriguez, Jr.
David Glenn Rogers
Kevin M. Ross
Lisa M. Ruhl
Lanette Rusmisel
Ronald Joseph Salazar
Linda L. Samuel, M.D.
Nina R . Sanchez
Kelly W. Sanders
Barbara Elizabeth Scharf
Lance Meador Schroeder
Jodie A. Schwab
Paul Joseph Seyffert
Wavie Clinton Sharp
Jennifer Fassett Sheppard
Lisa Horvath Shub
Kyle R. Sikes
Melisa Charmaine Reetz Skinner
John P. Smalling
Emily B. Spencer
David W. Sprinkle
Gilbert T. Stair
Darrell G. Stewart
Richard R. Storm, Jr.
Elizabeth Ann Sutherland
Debra Lynn Tarvin
Pamela Stiles Thompson
Kelly Ann Tiernan
Gregory Lance Tilton
Catherine Torres
Rebecca Contreras Trevino
Steven Michael Tyler
Muriel Belanger Varhely
Cheryl Ann Voellinger
Gerald Scott Wallace
Kristine M. Walsh
Jon William West
Christopher L. White
Linda Lea White
Susan Gail White
William Allen White
Catharine Douglass Wigley
Clinton Ralph Wilcoxson, II
Elizabeth Ann Stoebner Wiley
Fred Stuart Wilson
Donald E. Wilson
Lucas Christopher Wilson
Madeline Elizabeth Wilson
Lisa Carson Wolff
Jared Ryker Woodfill, V
Melissa A. Young
Jacqueline Zambrano

THE
MODE
REHN UIST
by Professor Vincent R. Johnson

I

n 1986, at the time of his nomination for elevation to C hief Justice, William
Hubbs Rehnquist was arguably the most controve rsial jurist in the country. Following his appointment to the Court by President Richard Nixon in 1971 , Justice
Rehnquist had staked out a position at the far right end of the political spectrum.
Over the next fifteen years, the Rehnquist name became both a rallying cry for those
who sought to bring conservative values to the federal judiciary, and a call to arms fo r
those who wished to preserve the liberal legacy of Earl W arren , William Brennan , and
Thurgood Marshall.

The Senate debate over whether William Rehnquist was fit to lead the nation 's highest court was part isan and bitter. In the end , it was not surprising that the Republican dominated Senate endorsed President Ronald Reagan's bold move to make then-Associate Justice Rehnquist the Sixteenth C hief Justice of the United States. However, the
nominee received more votes against his confirmation than any person previously
confirmed to the Court. And it is easy to wonder whether the outcome would have
been different if the vote had been taken just a few months later, after the Democratic
Party had recaptured the Senate in the N ovember 1986 elections.

7

THE EVOLUTION OF A JUSTICE
Some court observers have argued that since accepting the Supreme Court mantle
of primus inter pares , Chief Justice Rehnquist has moved closer to the center of the political spectrum. According to this view, which seems to surface periodically, the Chief
Justice increasingly is more interested in forging majorities than in defining the conservative viewpoint. This means that conservative principles occasionally must be
sacrificed for the greater good of enabling the Court to speak with a clear voice.
Adherents of this view argue that the Chief Justice now recognizes that it is his
responsibility to lead the Court.
The apparent "moderation" of the
Chief Justice may have less to do
with willingness on his part occasionally to compromise conservative principles than with the fact
that an increasing number of conservatives-some probably to the
political right of the Chief Justicenow sit on the Supreme Court.

.++



This thesis concerning what some perceive, and others dispute, as the professional
evolution of a member of the high court is interesting, and it has respectable
antecedents. Supreme Court buffs love to recount the stories demonstrating the
unpredictability of Presidential appointments. Felix Frankfurter and Byron White,
nominees of liberal Democratic Presidents (Franklin Roosevelt and John Kennedy,
respectively), matured into dependable conservative votes. Harry Blackmun, appointed as a "law-and-order conservative" by President Nixon, metamorphosed into a leading liberal, following in the tradition of Chief Justice W arren and Justice Brennan,
both of whom were appointed by conservative Dwight Eisenhower.
The Rehnquist transformation thesis is difficult to test. For every Falwell v. Flynt (in
which the Chief Justice surprisingly led a majority of the court in extending Justice
Brennan's defamation doctrine of constitutional privilege to actions for tortious infliction of mental distress) there is a Deshaney v. Winnabago (in which the Chief Justice
wrote a highly controversial 6-3 opinion denying fed eral relief to a victim of child
abuse) . So, too, the idea that there has been a substantial Rehnquistian transformation tends to be negated by the fact that there is no significant dissatisfaction in conservative quarters with the Chief Justice's leadership of the Court during the last halfdozen years.
The apparent "moderation" of the C hief Justice may have less to do with willingness on his part occasionally to compromise conservative principles
than with the fact that an increasing number of conservatives-some
probably to the political right of the Chief Justice-now sit on the
Supreme Court. When he was appointed to that tribunal two
decades ago, it was clear that ifJustice Rehnquist did not
voice strict conservative views, such views would not be
heard . Now, with Antonin Sca lia and C larence Thomas
on the bench, there is less need for William Rehnquist to
speak for the right. The Rehnquist moderation thesis
may be little more than wishful thinking by those of a
different political stripe.
Still, there is evidence of a more politically restrained
or astute, if not more moderate, William Rehnquist.
Consider, for example, the C hief Justice's proposal for
reforming diversity jurisdiction. Before taking the
center seat at the Court, then-Justice Rehnquist had
advanced a favorite conservative proposal for curta iling the size and activity of the federal courts-namely,
total abolition of diversity jurisdiction . As Chief Justice, he has trimmed his proposal to the politically more
reachable goal of eliminating only the in-state-plaintiff
form of thft jurisd iction .
A critical analysis of whether, in fact, there has been a moderation of the views of the C hief Justice over the last halfdozen years is beyond the scope of this essay. The purpose here
is merely to observe that one inclined to do so may find strong evi-

J USTICE
SAMUEL CHASE

O n the Record I Sum mer 1993

8

dence of a centrist Rehnquist in the two books he has published
during his tenure as C hief Justice: Grand Inquests: The Historic

Impeachments of Samuel Chase and President Andrew lohnson
(1992) and The Supreme Court: How It Was, How It Is
(1987) . Both works-the only books ever publ ished by a
sitting C hiefj ustice-are examples of exceptionally
evenhanded scholarship. The more recent effort, Grand
Inquests, is the focus of this review. Devoid of ideological
overtones or any effort to proselytize, Grand Inquests is
a balanced, scholarly account of major events in
American history. Except for a few personal references contained in the work, one would never guess
that Grand Inquests was written by a man who just a
few years earlier was widely regarded as the most
controversial jurist in the country.

THE POLITICS OF IMPEACHMENT
As the subtitle of the work suggests, Grand Inques ts
dea ls with the unsuccessful impeachment trials of a
Supreme Court Justice in 1805 and an American President
in 1868. In foc using on those events, the Chief Justice has
chosen a subj ect which is both interesting and important.
Inte resting, because the impeachment and trial of a high official
is the stuff of great drama; important, because the C hase and Johnson impeachments contributed as much to the American doctrine of
separation of powers as has any court decision.

PR ESIDENT
ANDREW JOHNSON

In voting to impeach Justice Samuel C hase in 1804, the House of Representatives was
motivated, in large measure, by political considerations. C hase was an unrepentant
Federalist whose judicial actions and political statements understandably antagonized
members of the Republican-dominated House. Ridiculed as "Old Bacon Face" because
of his brownish-red complexion , and given to impetuous conduct and sarcastic
remarks, C hase had publicly criticized Republican policies, including at least one act
of Congress, and had made a number of questionable rulings while sitting as a judge in
criminal trials while riding circuit in Philadelphia and Richmond . C hase was
impeached by the House for alleged misconduct involving those trials and for politically intemperate statements made in connection with charges he delivered to grand
juries in Baltimore, Maryland, and New Castle, Delaware.
The impeachment of President Andrew Johnson more than a half-century later was
also politically insp ired, in part. Johnson , a border-state Democrat who believed that
the Union must be preserved, was nominated Lincoln's Vice Presidential running
mate in 1864 as part of an effort to cultivate broader support for Lincoln's mid -Civil
War reelection effort. The ticket was called the N ational Union ticket rather than the
Republican ticket. Johnson succeeded to the Presidency following Lincoln's assassination, and in short order infuriated Republicans in Congress by repeatedly blocking
their efforts to reconstruct the South in the manner they deemed appropriate. When
Johnson arguably failed to comply with provisions of the Tenure of Office Act, by
removing the Secretary of W ar from office without Senate consent, the House of Representatives seized upon his action as a bas is for impeachment.

In bo th the Chase and Johnson cases, it was open to question whether, from a legal
standpoint, the accused was guilty of "high crimes or misdemeanors" sufficient to justify his conviction. Yet both officials were highly unpopu lar, and on each occasion the
Senate was heav ily dominated by members of the opposing political party. A partyline vote would have been sufficient to have convicted either C hase or Johnson by the
9

In voting to impeach Justice
Samuel Chase in 1804, the House
of Representatives was motivated,
in large measure, by political considerations .... The impeachment of
President Andrew Johnson more
than a half-century later was also
politically inspired, in part.

•••


two- thirds majority required by the Constitution for removal from office.
Chief Justice Rehnquist rightly concludes that the failure of the Chase and Johnson
impeachment efforts, undertaken in politically favorable circumstances, "was of extraordinary importance to the American system of government." The trials of these two
men stand for the proposition that political differences alone are an insufficient predicate for removing a high official from office. T oday it is widely recognized that one
generally may be stripped of office only upon proof of a serious violation of the law or
other specific instances of improper conduct. This simple point, now largely taken for
granted, was not always clear. At the time of the Chase impeachment, it was plausibly
argued by William Branch Giles, a leader of the impeachment effort, that:
[IJmpeachment was nothing more than a declaration by Congress to this
effect: you hold dangerous op inions, and if you are suffered to carry them
into effect, you will work the destruction of the Union . We want your
offices for the purpose of giving them to men who will fill them better.

Chief Justice Rehnquist rightly
concludes that the failure of the
Chase and Johnson impeachment
efforts, undertaken in politically
favorable circumstances, "was of
extraordinary importance to the
American system of government. "

From a separation-of-powers perspective, Rehnquist argues, the significance of the
Chase and Johnson impeachments "can hardly be overstated." For members of the federal judiciary, who under the Constitution hold office during "good behavior" and may
be removed only by impeachment, those precedents effectively guarantee life tenure,
absent commission of serious unlawful conduct. Life tenure, in tum, plays an important role in ensuring equal treatment before the law, for judges and justices who are
insulated from political retribution by the other branches of the government are more
likely to be vigilant guardians of the rights of the accused, disadvantaged, or oppressed.
Discussing the "profound effect" of the acquittal of Samuel Chase on the American
judiciary, Chief Justice Rehnquist writes:
First, it assured the independence of federal judges from congressional
oversight of the decisions they made in the cases that came before them.
Second, by assuring that impeachment would not be used in the future as
a method to remove members of the Supreme Court for their judicial
opinions, it helped to safeguard the independence of that body.

The trials of these two men stand
for the proposition that political
differences alone are an insufficient
predicate for removing a high
official from office.

.++
+

Despite the Supreme Court's increasingly prominent role in deciding politically sensitive questions, no Supreme Court justice has been impeached during the nearly 200
years since the Chase trial. "[TJhe Chase acquittal has come to stand for the proposition that impeachment is not a proper weapon for Congress (abetted, perhaps, by the
executive as in the case of Chase) to employ in ... confrontations [with the Supreme
CourrJ·"
The lesson of the Chase and Johnson impeachments is equally significant for the
Executive Branch. Only once since the Johnson trial has there been a serious effort to
remove a President. In that case-involving Richard Nixon- it was clear that a policy
disagreement would not suffice, and that Congress would require clear proof of a specific instance of wrongful conduct before removing a President from office. The high
standard for impeachment applied during the Watergate inquiry was undoubtedly
influenced by the precedent established by the Chase and Johnson proceedings.

THE SWEEP OF AMERICAN HISTORY
Grand Inquests does an excellent job of reporting the events and analyzing the charges
which formed the basis for the Chase and Johnson impeachment trials. The book also
offers plausible interpretations of Senatorial voting in the cases, as well as fair
appraisals of the long-term importance of the acquittals. However, the book does more
than recount two signal political events: it covers much of the full sweep of American
history.

On the Record / Summer 1993

10

In the guise of explaining the political background of the two impeachment trials, the
C h iefJ ustice walks the reade r, step by step, fro m the early colonial settlements to
more recent times, foc using princ ipally on th e lOa-year period between the Revolu tion and post-Civ il W ar reconstruction . The historical account is clear, colorful, and
richly detailed. Written for the "interested and informed nonlawyer," Grand Inquests
brings to life the otherwise moribund disputes of earlier eras, such as Alexande r
H amilton 's plan for discharging the Revolutionary War debt, A nd rew Jackson 's war
on the Second National Bank, and the efforts by Hen ry Clay, John C. Calhoun, and
Daniel W ebster to reconcile the polit ical demands of western expansion with divergent views on slavery.
Occasionally, a vignette seems somewhat fa r afield fro m the C hase and Johnson trials-such as the intriguing and pathetic accoun t of a noted federal judge who resign ed
in the late 1930s in the face of bri bery ch arges, contending, curiously, that the bribes
had not diminished the quality of justice in his court because "he had never sought
any of the bribes until he had already made up his mind on the merits of the case ...
[and] then only sought bribes from the party in whose favor he had already decided to
rule on the bas is of the law." But the author has chosen well, and when there is a
detour fro m the main road, the path generally is worth taking.

A GLIMPSE INTO THE MIND OF THE CHIEF JUSTICE
In our nation 's history, there have been dozens of Pres idents, hundreds of Sen ators,
and thousands of Congressmen, bu t only sixteen C hief Justices. Grand Inques ts provides not only a good lesson in A merican history , but a glimpse into the mind of one
of the few occupants of the highest judicial office. While the author does not readily
reveal his personal views, the work makes clear that the current C hief Justice has a
deep apprec iation and commanding knowledge of America's past, and an abiding
commitment to see that it is not forgotten. O bj ective and balanced, and subtlely laced
with humor, Grand Inques ts is hardly the type of work one would expect from a man
who has so often been at the center of controversy.

- V incent R. Johnson is a Professor of
Law at St. Mary's University and the
Director of the St . Mary's Institute on
World Legal Problems. He served as a
Judicial Fe llow at the Supreme Court of
the United States during 1988-89. This
article was adapted from a book review
published in 17 Vermont Law Review
267 (Fall 1992) .

The photographs of Justice Samuel
Chase and President A ndrew Johnson
are reprinted courtesy of The National
Portrait Gallery, Smithsonian institution.

II

Grand Inquests provides not only a

good lesson in American history,
but a glimpse into the mind of one
of the few occupants of the highest
judicial office.

.+.


Hiring in
the '90s:
What's
the
Outlook?

Everyone who is involved in legal
recruitmen t is well aware of h iring
trends in recent years. Fewer students
are finding jobs within six months after
graduation , and fi rms have been laying
off assoc iates and partners. Second-year
students are competing for fewer positions in summer programs, and first-year
students are having an even tougher
time.
Each year, the N ational Association of
Law Placement (NALP) conducts a survey of legal employers and law schools
to review hiring trends and compile
regional recruiting data. N ot surprisingly, the 1992 survey results show a slowdown in recruiting across the nation .
Here are some of the comments NALP
received in its survey: "Higher-quality
unsolicited applications ... ," "More
emphasis on lateral recruiting ... ," "Law
firms are hiring on an as-needed
basis ... ," and "The hiring time- line
appears to be shifting ... permanent positions are be ing secured after the Bar and
even after results ... "
According to NALP:
• The majority of lega l employers
throughout the nation made fewer
offers of summer and full-time
employment in 1992;
• Two-thirds of all the employers who
responded indicated that they
decreased the number of offers of
summer employment that they
extended to second-year students in
1992;

• In the Southeast region , the number
of offers of permanent employment
declined, but firms in the Southeast
were more likely to hire first-year students for this summer than were
firms in other regions. In addition,
the number of schools visited fo r on campus interv iews showed a less dramatic decline in the Southeast than
in other regions.

by Mary Brennan Stich

What does all of th is rea lly mean ? A re
graduates finding jobs? Accord ing to the
N A LP Employment Report and Salary
S urvey, there has been a steady increase
since 1988 in the percentage of grad uates who are still seeking employment
six months after grad uation. Between
1988 and 199 1, fo r example, the
On the Record / Summer 1993

I2

percentage of unemployed graduates
increased from 5.4 percent to 11.6 percent. (N ational statistics for the 1992
class are not yet available. )
The outlook for the 1993-94 recruiting
season , however, may be somewhat
brighter. Several T exas law schools,
including St. Mary's, recently received
job postings from firms and corporations
that have not hired new associates in
recent years. And some experts are predicting that programs and policies instituted by the C linton Administration
may lead to more employment opportun ities for lawyers. According to Richard
Hermann, President of Federal Reports,
Inc., new programs, such as President
C linton 's proposed national serv ice
plan , may open alternative career paths.
Hermann also forecasts an upswing in
the need for attorneys in certain practice areas, including environmental law,
international trade and investment, and
hea lth care. Despite these predictions,
there is little evidence suggesting that a
significant turnaround will occur in the
near future .
The current market poses a special challenge to all of us in the lega l profession,
and especially to those who are entering
it now. We at St. Mary's have taken a
number of steps during the past year to
help our students and graduates find
meaningful employment. In the O ffice
of Career Serv ices , we offer strategy sessions on job-hunting and resume-writing, and we publish a weekly newsletter
that lists new employment opportunities
and offers tips and suggestions for find ing employment. W e also provide computer resources, job listings, an
alumni/ae directory, and a number of
other aids for students and graduates
looking fo r work .

Networking is Key
Surveys and experience show that the
key to finding a job in the 1990's is
strategic networking. O ne of our new
initiatives is our "Mentor Program,"
which matches graduates with students
who share an interest in a particular
area of practice or city. The Mentor
Program has been especially helpful to
stude nts who have few or no contacts in
the legal profess ion . Virtually every

time one of our grad uates has provided
one of our students with job-hunting
ideas and insights, the student has networked his or her way into a job. T ake
the case of Ralph Wilcoxson, a thirdyear student who needed help making
contacts in his Ohio hometown. We
put Ralph in touch with Tim Hammond, a 1980 graduate of St. Mary's
who now is the Director of Public Services for the C inc innati Law Library
Association. Tim learned of Ralph's
desire to do public-interest work, and
referred him to a key player in the
C inc innati legal-a id community. That
contact, in turn, led to several other
contacts-and four job offers.
St. Mary's students are finding jobs,
with a little networking help from our
grad uates: Mark Langan ('80) helped
Muri Varhely, a recent graduate, find a
position in N ew H ampshire. Lawrence
Cooper ('74) is helping Carol Hill, a
first-year student, make contacts in the
Atlanta legal market. Hubbard Kennady (,84) has offered to help students
find jobs in College Station. And Oliver Sutton, II ('76), is helping Tabitha
Thorpe-Smith, a second-year law student, make contacts in the entertain ment and sports- law field . Mr. Sutton is
Counsel to and Vice President of the
Inner C ity Broadcasting Corporation,
and Pres ident of Apollo Records in New
York C ity. Graduates also are helping
each other: Barton Chucker (,89 ), for
example, is introducing Lee Cusenbary
('92) to members of the bar in
Richmond, Virginia.

Whether our graduates want to
provide help or to receive it, our door,
in the Office of Career Services, is
always open.

Do You Need Help?
Here's what we can offer:

RALPH WILCOXSON

• Strategy sessions to discuss and assess
your next job move.

('93)

• A monthly newsletter which lists
jobs for experienced attorneys in and
aro und T exas.
• H elp locating other graduates and
identifying networking opportunities
in va rious c ities and practice areas.
• Computer databases containing current hiring and sa lary information.
• New resources: employer directories
noting hiring trends for a diverse
group of legal employers, tips on
nontraditional job-hunting, and
more ...
For more information, please call
(210) 436-3 511.
TIM HAMMOND

('80)

Do You Want to Help?
Here's what you can do:
• Offer to be a mentor, and give tips
and networking advice to students or
other graduates.

In a recent survey, we were able to
determine the employment status of 85
percent of the members of the Class of
1992, and found that approximately 90
percent of them are employed.
Although we are pleased that both of
these percentages are above national
levels, our goal is to help all of our graduates find meaningful employment.
Our experience thus far shows that even
though the outlook for employment in
the 1990's may not be as bright as it was
in the 1980's, with a little networking
and mentoring help from St. Mary's
graduates, our students can find their
places in the legal profession and begin
to make their special contributions to it.

• Participate in mock interviews, and
help students improve their resumes
and their interview skills.
• Be a speaker at our "Day-in-the-Life"
series, and educate students about
different practice areas and work
environments.
• Call us when you need law clerks,
contract attorneys, new associates, or
attorneys with experience. We'll collect and send resumes, or schedule
your on-campus interviews. We can
help you find "the right fit."

-Mary Brennan Stich ('81) is the
Associate Dean for Career Services
and Alumni Relations.

For more information, please call
(210) 436-3511.

13

SERVICE

TO

OTHERS

St. Mary's Students
Lend a Hand
by Sister Grace Walle, F.M.I.
On a clear Saturday morning in early
February, twenty-five law students,
equipped with hammers and nails,
helped build a house for a low-income
family. The construction was part of a
project organized by Habitat for
Humanity, a nonprofit organization that
enables low- income families to own
their own homes. Families that wish to
receive assistance from Habitat for
Humanity must contribute 100 hours of
labor before they can apply for a threeor four-bedroom house.
Sarah C lower (2L), Secretary of the
Student Bar Association, and Raul
Gonzalez, a nontraditional undergraduate
student at St. Mary's, coordin ated the
effort with H abitat for Humanity in
order to provide St. Mary's law students
with an opportunity to serve the community.
According to Scott Carlson , a first-year
law student and volunteer, "It was fun
to see the job getting done over the
course of the day." Carlson added that
"it was a rewarding experience and a
painless way to help people in the community add ress an important need."
O n a Sunday evening later in February,
another group of law students and staff
cooked supper at the Catholic W orker
House, which houses families that are
homeless. Law student Jennifer
Caramela (lL) said that "getting to
meet the families and taking pictures for
a mother with her newborn child was a
memorable experience." Debbie Fuller
(lL) said that she would be willing to
participate again. "It was a good feeling
to help others who do not have the
advantages we do and to see the families
express their appreciation," she said.

S T. M ARY'S LAW STUDENTS AT WORK ON A H ABITAT-FoR-H UMANITY PROJECT .

Efforts like those described above are
supported by the Campus Ministry
office of the Law School, and are in
keeping with the service-to-the-community mission of the University. Such
efforts h elp to dispel unfair preconceptions about lawyers. "Seeing their interest in doing something for others was
very rewarding," Gonzalez remarked
about his interactions with law students
on the housing project.

-Grace Walle , a Marianist Sister, is the
Campus Minister of the School of Law.
This article was adapted fTOm a piece which
appeared in the March 3, 1993, issue of
The Rattler, the student newspaper of St.
Mary's University.

During the Thanksgiving break,
throughout the month of December,
and again over a weekend in mid-February, Lee]. Teran, the Director of the St.
Mary's Immigration Law Clinic, took a
number of volunteer law students to the
u.S.-Mexico border to provide legal
assistance to Haitian refugees detained
by the Immigration and Naturalization
Service (INS). The refugees, who are
seeking political asylum, were brought
by the INS to isolated detention facilities
in T exas, where there are few lawyers
who work on immigration issues and no
interpreters who speak French Creole.
According to published reports, some
twenty-fo ur Haitian refugees were
detained in Laredo and another 130
were held in Los Fresnos, in the Rio
Grande Valley. The St. Mary's volunteers interviewed the refugees, and
assisted with their political-asylum
claims and applications for parole.
Esther Epifane, a St. Mary's undergraduate student who speaks French C reole,
served as an interpreter.

S ISTER R EGINA O ' N EILL, OSF, RIGHT, JOINED
OTHER S T. M ARY ' S STUDENTS AND L EE T ERAN,
LEFT , DIRECTOR OF THE S T. M ARY'S IMMIGRATION
CLINIC, IN A TR IP TO LAREDO TO HELP H AITIAN
REFUGEES SEEKING POLITICAL ASYLUM.

O n the Record / Summer 1993

St. Mary's Students
H elp Haitian Refugees

14

"It was really terrible," Michael Raymond (2L) said, according to an article
in The Rattler. "These poor people are
put into places that look like Nazi concentration camps. They are scared [and]
confused, and there is no real due
process for them."

Swipe at Students Wasn't
Justified

According to an article in T odny's
Catholic, Sister Regina O'Neill, O.S.F.
(lL), said that the refugees told of
"instances of being taken from their
homes and beaten by the police, and of
having to live in hiding" in Haiti.
The St. Mary's students worked under
the supervision of Professor T eran and
attorneys with the Immigrant and
Refugee Rights Project of the Lawyers'
Committee for Civil Rights Under Law
of T exas, the Refugee Assistance Council, and Proyecto Libertad.

T o the Editor of Texas Lawyer:
The recent ed itorial pointing out an
apparent lack of community service and
compassion by Texas law students is
baseless. The piece chided all law students for not participating with fifty-two
other law schools in a one-day program,
Work A Day, which provides an explanation of the legal system to ch ildren
and legal research for women's shelters.
The piece concluded on the hopefu l
note that T exas students will take the
"chance to stru t the ir compass ionate
stuff next year. "

YOUNG JUDGES CONSIDER THE EVIDENCE IN A
MOCK TRIAL AT ST . M ARY'S.

Hispanic Law Students
Association Opens Law
School Doors to San Antonio
Middle,School Students
More th an 100 middle-school students
fro m the Harlandale, Edgewood, and
South San A ntonio Independent
School Districts came to the Law
School on April 3, 1993. During a daylong program sponsored by the Hispanic
Law Students Association , the middleschoolers participated in a mock trial.
They also attended a number of sessions, taught by St. Mary's law professors and San Antonio attorneys, in
which they explored legal issues that
included freedom of speech for student
newspapers, the impact of civil-rights
litigation on the students' communities,
and decision-making in divorce cases
involving child custody.
The St. Mary's program was part of the
"Outreach Proj ect" that was initiated by
the T exas Young Lawyers Association a
few years ago in order to provide information and inspiration to yo ung people
who have h ad little or no prior contact
with members of the legal profession
and have not been encouraged to aspire
to lega l careers. The theme of the 1993
Outreach Proj ect was "Freedom through
Education."

"The O utreach program is not aimed
only at students who show academic
promise, or who already have made
plans to attend college," said Cyn thia
Cano, the second-yea r law student who
chaired the program. "It is designed to
reach out to as many yo ung people as
possible, and to motivate those who
may not have considered pursuing a
higher education ," she said.
The mock trial was a special hit. Three
middle-school students donned black
cloaks and sat as judges. The case at bar
was tried by two St. Mary's law students,
with two middle-schoolers serving as
co-counsel. A fo urteen-year-old, Roberto, took the stand as an expert witness
for the plaintiff. "I was nervous," said
Roberto. But his testimony ev idently
was persuasive: The jury (a panel of
middle-school students) found in the
plaintiffs favor.

However, the one-day program, albeit a
nice gesture, pales in comparison to the
clinic work performed by stude nts at St.
Mary's U n iversity School of Law. Each
academic year, many third-year St.
Mary's students devote over 500 pro
bono hours each while working in the
Bexar County Legal A id offi ces. Because
of these volunteer efforts and the dedication of supervising attorneys, valuable
legal services are prov ided to the Bexar
County community each academic year.
The clinic students use bar practice
cards and represent indigent clients
before the loca l courts in matters
involving family law, probate, wills,
landlord-tenant disputes and admin istrative hearings . The clinic reaches ou t
to fa milies obtaining assistance from the
Battered W omen 's Shelter, the homeless and individuals with very limited
economic means. With the same level
of commitment, students perform similar community services through the
school's Capital Punishment C linic and
the Juvenile Justice C linic.
Steve Koebele ('92 )

Excerpts from a letter printed in the Feb.
15 , 1993, issue of T exas Lawyer.

15

ST.

James (Jim) M. Cassidy (2L)

MARY

, S

STUDENTS

Dr. Thomas J. Dansby (3L)

Jo Beth Eubanks (2L)

Hometown

Hometown

Hometown

Ft. Worth, Texas.

San Antonio, T exas.

San Antonio, Texas.

Education

Education

Education

B.A., 1990, University of Notre Dame.

B.A., St. Mary's University; M.D.,
University of Texas Medical Branch;
Residency in otolaryngology and head
and neck surgery, Long Island College
Hospital, Brooklyn, N .Y.

B.A., 1969, and M.A., 1971, Tulane
University.

Honors/ Activities

President, Student Bar Association;
member, International Law
Association.

Honors/Activities

Editor-in-C hief, St. Mary's Law Journal,
1993-94.

Interests

Coaching and playing soccer, running,
golf.

Opera, community activities,
public-interest law (reason for attending
law school).

"The reason I am in law school

"At this midpoint in my career, I

a mid-life career change (and 'mind

greatly reflects my outlook on life.

seek the Lord to make me an instru-

challenge') after twenty years in the

My objective as a 'St. Mary's

ment of His peace."

meeting-management and travel

Interests

Interests

Gardening.

"I decided to attend law school as

lawyer' is short and sweet: My goal
is to help others achieve their
goals!"

•••


business. I was delighted to find out
that my capacity to learn was still
intact, and have especially enjoyed

•••


On the Record / Summer 1993

new friendships."

••
••

Diana Elena Morales (3L)

Sharon S. Rector (IL)

Tabitha Thorpe-Smith (2L)

Hometown

Hometown

Hometown

Duran t, O klahoma.

Austin, T exas.

Madison , Illinois.

Education

Education

Education

Double B.A., Letters, with honors, and
Span ish , U nivers ity of O klahoma, 1990.

B.A., Psychology, U niversity of Illinois
at C hampaign -Urbana, 1976.

B.A. , Pol itical Science, St. Mary's
University, 1991.

Honors/ Activities

Honors/ Activities

Honors/Activities

Preside nt, Hispanic Law Students Association; Executive Vice President, Delta
Delta Delta; U niversity of O klahoma's
O utstanding Hispanic Student, 1987,
1990; University of O klahoma's
Women Letzeizer List, 1989; Mortar
Board Honorary Society, 1988.

Licensed real-estate broker.

President, Black Allied Law Students
A ssociation ; Frederick Douglass Moot
Court Quarterfinalist and author of
"Best Responde nt's Brief," Spring 1993;
recipient, Arco O il & Gas Scholarship,
Fall 199 1.

Interests

Career interest: Environmental Law
and Property Law; Hobbies: jogging,
bicycling, traveling, raising my daughter,
wind-surfing.

Interests

Entertainment and sports law.

Interests

H ispanic-American literature, tennis,
traveling, music.

"'If you can dream it--do it!'

As an older law student, I feel very
fortunate to have given myself the
"La abogacia es una ardua fatiga

opportunity to pursue this dream of

puesta al servicio de la justicia."

mine."

{"Lawyering is an arduous labor in
the service of justice."}

"I am the first person from my
hometown to go to law school.
Throughout my lifetime, I have
received tremendous support, both

.++

spiritual and financial, from the peo-



ple back home."

-Anonymous.

+++



•++
+

17

FACULTY

NOT E S

PROFESSOR
SUE

T.

BENTCH ,

CENTER, AND FAMILY

Dean Barbara Bader Aldave
Chairs Gender Bias Task Force
Established by Supreme Court
of Texas
Dean Barbara Bader Aldave is chairing
the G ender Bias T ask Force of T exas,
which was established by the T exas
Supreme Court to determine whether
bias on the basis of gender exists in the
judicial system of T exas. The 3 2-member T ask Force is expected to report its
findings to the Supreme Court in June
1993 , and to make recommendations for
eliminating gender bias, if any is found .
"The reports of task forces in other
states indicate that gender bias pervades
our judicial systems, and that women do
not always rece ive fair and equal treatment under the law," says Dean Aldave
0 .0 ., University of California at Berkeley ) . T exas was the thirty-fifth state to
establish a task force on gender bias.
The T ask Force has held public meetings and a series of hearings around the
state during the past year, and also has
conducted a formal survey of the attitudes and practices of T exas attorneys
and judges.

Supervising Attorney Sue T.
Bentch Named "Outstanding
Young Lawyer"

Professor Gerry W. Beyer
Serving as Visiting Professor at
Boston College School of Law

Professor Sue T. Bentch , a member of
the clinical faculty at St. Mary's, was
named the 1992 recipient of the "Belva
Lockwood O utstanding Young Lawyer
Award" at the annual Bench Brunch of
the Bexar County W omen's Bar Foun dation. Each year the Foundation
chooses women attorneys who are
"exemplary role models" to receive its
Outstanding Lawyer and Outstanding
Young Lawyer awards.

Professor Gerry W . Beyer, an expert in
estate law, was invited to serve as a Visiting Professor at the Boston College
School of Law from January 1992 to
May 1993. Professor Beyer (J .D. O hio
State University, summa cum laude;
LL.M., J.S.D., U niversity of Illinois) is a
frequent contributor to both scholarly
and practice-oriented pu blications, and
has authored and coauthored numerous
books. He currently serves as the edi tor
of the "Keeping C urrent" column in
Probate and Property magaz ine, a publication of the American Bar Associat ion's Section of Real Prope rty, Probate,
and Trust Law.

Professor Bentch supervises the
W omen, C hildren, and the Elderly
Proj ect of the Poverty Law C linic at
St. Mary's. Professor Bentch 0 .0 ., S t.
Mary's University; M.A., Emory University) engaged in private practice,
with an emphasis on commercial litigation, before joining the Law School faculty . Prior to earning her law degree,
she taught English at St. Mary's
University.

Dean Aldave recently was elected to
the Board of Directors of the Mexican
American Lega l Defense and Educational Fund (MALDEF) and to the
N ational G overning Board of Common
Cause. She also serves as the C hair of
the Board of Directors of Partnership for
Hope , an anti -poverty organization
funded by the Rockefeller Foundation .

O n [h e Record / Summer 1993

18

Prior to joining the St. Mary's law faculty
in 198 1, Professor Beyer practiced law
in Columbus, O hio, and was an Instructor of Law at the University of Illinois.

Associate Professor Jon C.
Dubin Appointed to Board of
Center on Social Welfare Policy
and Law at Columbia University

Professor Vincent R. Johnson
Appointed to Judicial Fellows
Commission by U.S. Chief
Justice William Rehnquist

Associate Professor Jose R.
Juarez Selected as Representa~
tive to Prestigious U.S.~British
Conference

Professor Jon C. Dubin has been
appointed to the Board of Directors of
the Center on Social Welfare Policy
and Law at Columbia University.

The Honorable William H . Rehnquist,
C hief Justice of the United States,
recently appointed Professor Vincent R.
Johnson to serve as a member of the
Judicial Fellows Commission for 199394. The Commission , a thirteen-member panel, will select four outstanding
individuals from diverse professions and
academic backgrounds to participate in
the prestigious yearlong Judicial Fellows
Program. Fellows are assigned to work at
the Supreme Court of the United
States, the Federal judicial Center, the
Administrative O ffice of the United
States Courts, and the United States
Sentencing Commiss ion .

Assoc iate Professor Jose R. (Beto) Juarez
was one of forty-e ight participants in
the eighth annual British-American
Conference, which was held in A tlanta
in November 1992.

According to Representative Joseph
Kennedy (D-MA) , the Center is "widely recognized by advocates and policymakers across the country as the most
authoritative and reliable source of
knowledge and understanding of the
cash public-assistance programs, and as
an uncompromising advocate for poor
people who seek a fa ir, adequate, and
humane income-maintenance system as
the underp inning of any national strategy to address economic and social injust ice in our society."
Professor Dubin (J .D., N ew York University) is the Director of the Poverty
Law C linic at St. Mary's University.
Prior to joining the St. Mary's faculty in
1990, he served as Director of Litigation
for the Harlem N eighborhood Office of
the Legal A id Society. Earlier in his
career, he was responsible for investigating and litigating civil-rights cases as
Assistant A ttorney General for the
State of N ew York.
In January 1993, Professor Dubin
received the Distinguished Faculty
Award of the St. Mary's University
Alumni A ssociation.

Members of the Commiss ion for 1992 93 included the Solicitor General of the
United States, three United States
Court of Appeals judges, the director of
the Administrative O ffice of the United
States Courts, and the director of the
Federal judicial Center.
Professor Johnson (J .D., University of
Notre Dame; LL.M ., Yale University;
LL.D., St. Vincent College ) served as a
judicial Fellow at the Supreme Court
during 1988-89. Prior to joining the St.
Mary's faculty in 1982, he served as Law
C lerk to the Honorable Bernard S.
Meyer of the N ew York Court of
Appeals, and the Honorable Thomas E.
Fairchild, Chief Judge of the United
States Court of Appeals for the Seventh
C ircuit. He was the co-founder and is
the Director of the St. Mary's Institute
on W orld Legal Programs, which is held
each summer in Innsbruck, Austria.

19

The conference is sponsored by The
Paul H . Nitze School of Advanced
International Studies of The Johns
Hopkins University and The Royal
Institute of International Affairs to
"encourage discussion , improve mutual
understanding, and foster long- lasting
relationships among those who will
become the key pol icy-makers, business
people, journalists, academics, and
diplomats in the United States and the
United Kingdom."
Professor Juarez (J .D., University of
T exas ) was selected from among more
than 400 British and American citizens,
aged twenty-e ight to forty, who were
nominated to participate in the conference. Committees in the United States
and the U nited Kingdom were asked to
recommend "outstanding candidates
from a diversity of professions who have
a proven record of early leadership and
achievement in their fields, [have]
demonstrated public community service, and .. .have the potential to influence policy-making at local, state, or
national levels. "
Prior to joining the St. Mary's faculty in
1990, Professor Juarez served as Regional
Counsel and Director of the Employment
Program of the Mexican American
Legal Defense and Educational Fund
(MALDEF) in Los Angeles.

Professor Aloysius A. Leopold
Awarded Plaque by St. Mary's
University for Twenty,Five
Years of Service
Professor Aloysius A. Leopold was
awarded a plaque by the S t. Mary's University Alumni Association to commemorate his twenty-five years of service as a Professor of Law at the University. He joined the St. Mary's law faculty in 1968, after spending several years
in private practice in Edinburgh, Texas.
Professor Leopold (J.D., St. Mary's University) recently added Volumes 38 and
39, "Marital Property and Homesteads,"
to his list of contributions to Texas
Practice. He has contributed a total of
eight volumes to the T exas Practice
series during the past year.

Visiting Professor Gabrielle
Kirk McDonald Inducted into
Texas Women's Hall of Fame
Former U.S. District Judge Gabrielle
Kirk McDonald , a Visiting Professor at
St. Mary's University, was inducted into
the T exas W omen 's Hall of Fame at a
gala reception hosted by Texas Governor Ann Richards in Austin on January
23. Judge McDonald (LL.B., Howard
University) was honored for her business and professional leadership. Judge
McDonald also received a flurry of
national and local press attention earlier this year when her name was rumored
to be on President Clinton's "short list"
of potential nominees for Attorney
G eneral of the United States.

Supervising Attorney Ana M.
Novoa Appointed To Serve on
Board of the Texas Legal
Services Center
Ana M. Novoa, a Supervising Attorney
in the Poverty Law C linic, was appointed by the Board of Directors of the State
Bar of T exas to serve on the Board of
Directors of the Texas Legal Services
Center. The Board of the Center is
responsible for setting policies concerning program priorities, matters of regulatory compliance, budget development,
and the delivery of high -quality legal
services.
Professor Novoa (J .D. , University of
T exas ) was in private practice in Bexar
County until 1991, when she joined the
faculty at St. Mary's.

Professor John W. Teeter, Jr.,
Named "Outstanding Professor"
by Phi Delta Phi
Professor John W . T eeter, Jr. , was
selected in April by the Phi Delta Phi
chapter at St. Mary's University School
of Law as the "Outstanding Professor" of
the Law School.
Professor Teeter teaches torts and labor
law at St. Mary's. Prior to joining the
St. Mary's faculty in 1991, Professor
Teeter (J .D., Harvard University) was a
litigator in Honolulu, practiced labor
and employment law in Boston, and
taught at the Oklahoma City University
School of Law.

O n the Record / Summer 1993

20

FAC UL TY SEMINARS AND PUBLICATIONS
Dean Barbara Bader Aldave

VIsiting Professor Andre Hampton

Editorial Consultant, Texas CorporationsLaw and Practice, vols. 1-5. San Francisco:
Matthew Bender, 1993.

"Mediation Supports Risk Management,"
Texas Health Law Reporter, Vol. 9, No.2
(1992) .

Professor
Michael Ariens

Professor Vincent R. Johnson

"A Thrice-Told
T ale," 107 Harvard

Law Review
(1993).

The controversy surrou nding the inclusion of homosexuals in the military took
Professor David A. Schlueter to Washington on March 29 to testify before the
United States Armed Services Committee. Senator Sam Nunn (D-Georgia),
Cha ir of the Comm ittee, invited Professor Schlueter, an expert in military
criminal law, to address "the legal
aspects of current military personnel
policy and the litigation concerning the
service of homosex uals in the armed
forces."
Professor Schlueter's testimony received
both national and local media attention. "The McNeil/Lehrer NewsHour"
featured an excerpt from his testimony
in its evening program, and the entire
hearing was telev ised by C-Span.
Professor Schlueter appeared as a member of a panel that included experts from
the Congressional Research Service.
Professor Schlueter (J .D., Baylor University; LL.M ., University of Virginia) is
a former staff counsel to the Supreme
Court of the United States, and is a
lieutenant Colonel in the U.S. Army
Reserves. He is a coauthor of the Military Rules of Evidence Manual (3d ed ition, 1991) and Military Criminal]ustice:
Practice and Procedure (3d edition,
1992) . He also has produced, in collaboration with three other legal experts, a
"how-to" book entitled T exas Eviden-

tiary Foundations (1992).

Associate Professor Jeffrey Pokorak

12 and 12A West's Texas Forms- Probate
and Administration of Estates (1992 Pocket
Parts), coauthored with Professor Aloysius
A. Leopold.

Featured speaker last
fall on "The American
System of Capital
Punishment" at the
Northeastern University School of Law
Alumni Symposium
Day. Coauthor of two
U .S. Supreme Court briefs: Graham v. Collins ,
91-7580, andlohnson v. Texas, 92-5653.

Professor Gerry W. Beyer

Professor David A. Schlueter
Testifies Before U.S. Senate
Armed Services Committee

"Researching a Lawyer Ad," Headnotes,
Dallas Bar Association, Vol. 17, No. 4
(1993 ).

Probate and Decedents' Estates (1992 Pocket
Parts)-Volumes 17 and 18 of Texas
Practice Series, coauthored with Professor
Aloysius A. Leopold.

19-23 West's Legal Forms- Real Estate

Professor Gerald S. Reamey

Transactions (1992 Pocket Parts), coauthored with Professor Aloysius A. Leopold .

"Client Solicitation in Texas," Headnotes,
Dallas Bar Association, Vol. 17, No. 4 (1993) .

"Self-Beneficiary Life Insurance," Estate
Planning Development for Texas Professors,
August 1992, at 1.

Panelist at a symposium on "The Rodney
King Verdict: A C ritique of the American
System of Justice," held at St. Philips College in February 1993.

"Self-Help Drafting Techniques Used by
N on-Attorneys," in State Bar of Texas,
Third Annual Advanced Drafting: Estate Planning and Probate (1992) .

Associate Professor Laura H. Bumey
"The Regrettable
Rebirth of the T woGrant Doctrine in
Texas Deed Construction," 34 South Texas
Law Review 74
(1993 ).

Professor Charles E. Cantu
"The Determinative
Test for the Hybrid
Sales/Service T ransact ion Under Section
402A of the Restatement (Second) of
T orts," 46 Arkansas
Law Review _ ( 1992).

Associate Professor Jon C. Dubin
"From Junkyards to Gentrification: Explicating a
Right to Protective Zoning in Low-Income
Communities of Color," 77 Minnesota Law
Review 739 (1993) .

Professor Douglas
R. Haddock
"Pri vate Property and
Russia's Leap of
Faith," 24 St. Mary's

Law l oumal495
(1993).

Lecturer at a seminar on "Police C ivil liability," for the T exas Juvenile Justice Center; on "Warrant Service and the Fourth
Amendment," for the T exas Municipal
Courts Training Center; and on "Texas
C harging Instruments," for the Criminal
Defense Lawyers Project Skills Course.

Professor L. Wayne Scott
Member of the faculty
of an advanced practice-oriented seminar
on "Appellate Advocacy: Handling the
Referred Appeal," held
by Southern
Methodist University
School of Law in March 1993.
Member of the facu lty of a seminar on "How
T o Make Mediation Work for You and Your
C lients," held by the San Antonio Bar Association in February 1993.

Immigration Clinic Director
Lee J. Teran
Featured speaker at a seminar on "Immigration Law and the Family: Issues and Strategies for Immigrant Spouses, C hildren, and
Parents," held in February 1993, and sponsored by the National Immigration Project
of th e National Lawyers G uild, the Mex ican
American Bar Association of El Paso, and
the Lawye rs' Committee for C ivil Rights
Under Law of Texas.

NEWS

LUMNlE/I

We must diversify the membership
of the Board not only in terms of
geographic representation, but
also to achieve greater represen-

Law Alumni Association:
Charting New Directions
by William R. Crow, Jr. ('78)
For far too long, St. Mary's University
School of Law has been perceived as a
local or, at best, a regional law school,
because great numbers of its graduates
remain in San Antonio or in South
T exas after completing their law stud ies. However, many of the School's
graduates who live outside of San Antonio and T exas have brought honor to
themselves (and , by extension , to their
alma mater) through their distinguished
lega l careers and contributions to a wide
spectrum of worthy civic and community endeavors.
In the past, the Law Alumni Assoc iation has focused primarily on the Law
School graduates who live and work in
San Antonio and its environs. Ideally,
the Law Alumni Association should
represent all 4,600 graduates, who live
and practice in every state in the United
States and whose practices run the
entire gamut of the law.
The current Board of Directors of the
Association recognizes that we must
reach out to all of
our graduates.
I am enormously
We must diversify
encouraged by the
the membership
of the Board not
many good things
only in terms of
that have happened
geographic repreat St. Mary's over
sentation, but
also to achieve
the past decade.
greater represen tation of women
and minorities , so
that the Association may more truly reflect the diverse
wealth of graduates from the School of
Law.

•••


T o ensure that we achieve true diversity, we recently amended our bylaws to
authorize a process for appointing new
O n the Record I Summer 1993

members to the Board of Directors.
Appointments will be made so as to
ensure that the geographic distribution,
areas of practice, gender, ethnicity, and
years of graduation of our alumnae/i are
reflected in the composition of the
Board. In addition, each class will have
a designated representative who will
serve as a liaison to the Association ,
help plan class reunions, and report
newsworthy items about classmates and
peers.
OTHER CHALLENGES

Another of the challenges we faced this
year, in charting new directions for the
Association, was to balance the con cerns of the large number of graduates
who are supportive of the Law School
against those who have been critical of
St. Mary's. There is no denying that the
experiences of some graduates with certain aspects of the Law School administration were unpleasant and, in some
instances, harmful. But by continuing to
dwell on the negative aspects of our
respective St. Mary's experiences , in
most instances long after the fact, I
believe that we seriously undermine the
potential of the Law School to achieve
the reputation and recognition it
deserves.

It is, I concede, very difficult to overcome the depth of ill- will that some
individual graduates of St. Mary's still
feel for the Law School, and I will not
attempt in this brief space to do so. One
point, however, is undeniable: The
value of our law degrees, at any given
time, is a reflection of the reputation of
the institution from which we graduated.
I suggest that we work to overcome the
difficulties of the past, and that we look
anew at our Law School. There is much
to be proud of in St. Mary's.
I am proud, for example, of the results of
a study of law reviews that appeared in
the March 1993 Texas Bar Journal. The
22

tation of women and minorities,
so that the Association may more
truly reflect the diverse wealth of
graduates from the School of Law.

•••


stud y showed that, over a twenty-year
period (1 970-89) , the St. Mary 's Law
Journal was the most-often -cited of all
the law reviews in the state, edging out
the venerable Texas Law Review.
Another source of pride is that the
advocacy programs at St. Mary's routinely generate top-flight competitors in
state and regional moot court and mock
trial competitions, leading to the Law
School's well-deserved recognition as a
source of lawyers who are ready at graduation to "hit the ground running" in
the court room.
Moreover, St. Mary's has turned out,
among others, three graduates who are
sitting members of C ongress; two graduates who currently sit as Justices on the
Supreme Court of T exas, and ano ther
who presides as the C hief Judge of the
T exas Court of C riminal Appeals; the
current Executive Director of the State
Bar of T exas; the current C hair of the
Board of the State Bar of T exas; a past
President of the State Bar of T exas; the
immediate Past President of the T exas
Young Lawyers Association; a great
number of distinguished judges, legislators, and other public officials; and a
myriad of other graduates who daily
bring honor to St. Mary's because of
their profess ionalism and integrity in
the performance of their chosen
endeavors.

MOVING FORWARD

There are many ways in which you can
give to your Law School, and they are
not all limited by the balance in your
checkbook. Many graduates have volunteered end less numbers of hours to
participate as judges for moot court,
mock trial, and o ther advocacy competitions on campus. Many other graduates, in and outs ide of Texas, have volunteered to be mentors for law students
in need of guidance in the d irection of
their careers. Other graduates think first
of St. Mary's students and alumnae/i
when they have profess ional positions
available in their law firms or businesses.
Among many St. Mary's grad uates,
there appears to be a new sp irit of generosity and giving, of volunteerism and
selflessness, that is a refreshing change
from the t ired notions of the recent past
that "greed is good" and that one's profess ional status is measured only by the
magnitude of one's paycheck. I encourage each of you to give more of your
time and energies toward making your
communities better places in which to
live for all people. I also encourage each
of yo u to be generous to your Law
School, within your means and ability
to do so.
This is not going to be another in a
series of thinly ve iled pitches to separate
you from your hard-earned dollars.
However, while I emphasize the value
of your service to the School of Law, I
must point out that, according to
reports issued annually by the American
Bar Association, St. Mary's ranks very
near the bottom of all law schools in the
United States in terms of alumnae/i giving. The number of supporters who give
is Significant because it is an indicator of
alumnae/i pride in and allegiance to a
school, and is an indicator which can
enhance, or detract from, the school's
reputation.

The Law Alumni Association has formally approved a change in the bylaws
that will enable us to launch a voluntary
dues program that we hope will increase
significantly the number of contrib utors
to St. Mary's among alumnae/i, so as to
lift us out of the "basement" position of
alumnae/i givi ng in the ABA reportS.
Later in the year, you wi ll hear more
abo ut the voluntary alumnae/i dues program and how you can help to enhance
our School's reputation and provide
needed support.
LOOKING BACK

As the end of my term as President of
the St. Mary's University Law Alumni
Association draws near, I am mindful of
the limitations on what one person can
accomplish. But I am enormously
encouraged by the many good things

I encourage each of you to give
more of your time and energies

WILLIAM

R.

CROW, JR.

meaningful participation in the Law
Alumni Association. To that end, she
has underwritten , from her budget, the
St. Mary's alumnae/i reception at the
annual meeting of the State Bar of
Texas. (The next reception will be held
this summer when the State Bar convenes in Fort Worth.) In add ition, she
has underwritten the cost of the Distinguished Law Graduate reception for
each of the past two years. O n each
occasion, St. Mary's law grad uates were
invited to a no-cost, no-obligation
event at which they could meet, and
mingle, and socia lize with their classmates and peers in a convivial setting.

toward making your communities

I also am extending a challenge to each
of yo u who has some past grievance
with the Law School to contact me or
Dean Aldave. Let us ass ure you that
your concerns will be heard and
addressed. T o all of yo u who have been
supportive of St. Mary's and of the Law
Alumni Association, I extend my deepest app reciation and the hope that you
will offer your suppo rt to my successor,
T y Griesenbeck, in the coming year.

better places in which to live for
all people. I also encourage each
of you to be generous to your Law
School, within your means
and ability to do so.

••
••
that have happened at St. Mary's over
the past decade, and I draw strength
from the great support I have had this
year from so many of you .
I want to take this opportunity to commend Dean Aldave for her willingness
to reach out to the alumnae/i of St.
Mary's. She has been enormously supportive of the notion of building bridges
to St. Mary's graduates who, in the past,
have been shut out of or excluded from
23

If yo u have not felt included in the Law
Alumni Association in the past, consider this your personal invitation to membership and involvement. Let me hear
from you .

-William R. Crow, Jr. , is President of
the Board of Directors of the St. Mary's
University Law Alumni Association.

NEWS

I ALUMNlE/I

Karen R. Johnson ('70) Honored As
"1993 Distinguished Graduate"

ABOVE AND BELOW: ST. MARY'S LAW GRADUATES AND PROFESSORS ENJOY AN
EVENING TOGETHER AT SHOll GARTEN IN AUSTIN.

Karen Ruble Johnson, Executive Director of the State Bar of
Texas , was honored by St. Mary's University School of Law
and the Law Alumni Association at a reception in downtown
San Antonio on April 8. Scores of law school grad uates turned
out for the event, at which Ms. Johnson , a 1970 grad uate of the
Law School, was presented with a plaque naming her as the
"1993 Distinguished Law G raduate." As the inscription on the
plaque read, Ms. Johnson was being recognized for her "outstanding accomplishments as a distinguished attorney with an
exemplary record of private and public se rvice that has brought
honor to herself and the School of Law."

St. Mary's Night in Austin
More than 100 Austin-based graduates of the Law School met
with members of the St. Mary's faculty and administration for
an evening of fun and conversation at Sholz Garten in Austin.
The informal gathering provided an opportunity for alumnae/i
to catch up with each other, as well as to hear abo ut the latest
changes and developments at their alma mater. There was
much to talk about, and many people stayed around long after
the offic ial "end" of the event.
The Law School invited all attending to place their business
cards in a bowl for a chance to win a dinner, at C hez Ardid in
San Antonio, with Dean Aldave and the professor of the winner's choice. Matthew J. Booth ('90) won the drawing and
invited Professor Richard E. Flint, Ph.D. , the St. Mary's expert
in debtor/creditor and banking law, to join the dinner party.
The Austin event was sponsored by the Law School and coordinated by Associate Dean Mary Brennan Stich (,81), with the
ass istance of Susan Falc6n, Recruiting Coordinator, and John
Sm ith, Administrative Assistant. Among those attending from
the Law School were Dean Aldave, Associate Dean Stich , and
Professors Joe Anderson, Diana Borden, Vincent Johnson ,
Aloysius Leopold, and Gerald Reamey.

LEFT TO RIGHT: WILLIAM R. CROW, JR. , KAREN RUBLE
JOHNSON, DEAN BARBARA BADER ALDAVE.

Ms. Johnson is the first woman to hold the position of Executive
Director of the State Bar of T exas. She is a past Pres ident of
the Trav is County Bar Association, and has rece ived the State
Bar President's Award of Merit.
Prior to assuming the helm of the T exas Bar, Ms. Johnson practiced law in the Austin office of Akin G ump Strauss Hauer &
Feld . Earlier, she served as a briefing attorney for the Texas
Supreme Court, as a special ass istant for legislative affa irs to a
T exas governor, and as an Assistant Attorney General of
T exas. She also held top management positions in the Office of
the State Comptroller. Long active in community and civic
affa irs, Ms. Johnson has served on the executive committees
and boards of numerous organizations, including the Seton
Forum, the Austin Wo men's Center, the American Heart
Association, and the C hild Abuse Prevention Project.
Other recent recipients of the "Distinguished G raduate Award"
include The Honorable Michael J. McCormick ('70), Pres iding
Judge of the Texas Court of Criminal Appeals; the Honorable
Blair Reeves (,51), C hief Justice of the T exas Court of Appeals
for the Fourth S upreme Judicial District; and Margaret Meyer
Maisel ('71), a partner in Tinsman & Houser.

On the Record / Summer '993

24

LASS

NOT E S

limited to attorneys who have been certified as specialists in family law by the
Texas Board of Legal Specialization.
B.B. Schraub is serving as the Judicial
Administration Division Liaison to the
Tort and Insurance Practice Section of
the American Bar Association. Judge
Schraub, of Seguin, Texas, is the Presiding Judge of the Third Administrative
Judicial Region of Texas.

Keith Kaiser, of the San Antonio law
firm of Cox & Smith, has been inducted
as a Fellow of the American College of
Trial Lawyers. Membership is by invitation of the Board of Regents, and is limited to one percent of the lawyers
licensed to practice in a state. The primary purpose of the College is to
improve the standards of trial practice,
the administration of justice, and the
ethics of the profession.

Robert S. Flaniken has opened his own
law practice in Oklahoma City, Oklahoma.

Donald C. McCleary is Managing
Partner of the Dallas firm of Gardere
& Wynne.

Charles E. Hardy, a shareholder in the
San Antonio law firm of Bass, Higdon
& Hardy, Inc., recently was elected a
member of the Board of Directors of the
San Antonio Family Lawyers' Association. Membership in the Association is

James N. Higdon, a shareholder in the
San Antonio law firm of Bass, Higdon
& Hardy, Inc., was included in the
eighth edition of Who's Who in American
Law and awarded the coveted A V rating
by Martindale-Hubbell. He also recently was elected a member of the Board of
Directors of the San Antonio Bar Association, and has assumed the mantle of
Immediate Past President of the San
Antonio Oak Hills Rotary Club.

Charles R. Harrison recently became

Of Counsel to the office of Baker &
Hostetler in Orlando, Florida. Harrison,
formerly a senior associate with Cummings, Lawrence, Vezina, P.A., is an
expert in construction law and business
practices.
Thirty-one fellow judges elected
Thomas C. Mummert, III, to be Presiding Judge of the 22nd Judicial Circuit
of Missouri (City of St. Louis). During
his two-year term, Judge Mummert is
serving as the administrative head of
the circuit.
Peter S. Vogel, former Vice President
and Chair of the Dallas Bar Association's Board of Directors, has been
named President-Elect of the Association. Vogel, a computer enthusiast and
expert in computer law, is a member of
the Dallas firm of Gardere & Wynne.
He teaches computer law as an adjunct
professor at Southern Methodist University School of Law, and serves on the
Dallas Advisory Council of the American Arbitration Association.

25

REPRESENTATIVE Scan MciNNIS

(,81)

1*_'

Mark Stevens won an award from the
College of the State Bar of Texas for the
"best article written for a continuing
legal education seminar." The article,
entitled "Capital Murder," was written
for the Eighteenth Annual Advanced
Criminal Law Course sponsored by the
Professional Development Program of
the State Bar of Texas.

J. Nevin Shaffer, Jr., of the law firm of
Shaffer & Culbertson, was elected President of the Austin Intellectual Property
Law Association (AIPLA) at its January
1992 meeting.

Colleen McHugh was elected Chair of
the Board of Directors of the State Bar
of Texas. She is the first woman ever to
hold that position.
The Honorable Scott McInnis (R-CO)
was elected to the U.S. House of Representatives from the Third Congressional
District of the State of Colorado. He
previously served in the Colorado legislature, where he was House Majority
Leader from 1990 to 1992.

Roger Cox was named to a three-year
term on the National Board of Directors
of the National Multiple Sclerosis Society. Cox, an attorney with the Amarillo
firm of Ham, Irwin & Cox, is the Society's only director from Texas. He previously served on the Society's National
Advisory Council, which he chaired in
1992.

Margaret Corning Boldrick has been
named a shareholder of Smith, Barshop,
Stoffer & Millsap, Inc., in San Antonio.
Brian Davis, a professor at South Texas
Law School, wrote the lead article for a
recent issue of the Wake Forest Law
Review. The article, entitled "The
Future of Cashier's Checks Under the
New Article 3 of the Uniform Commercial Code," discusses the circumstances
under which a bank may justifiably dishonor a cashier's check.

E. Hubbard Kennady, III, recently
formed a partnership with Richard Talbert, under the firm name of Kennady
and Talbert, L.L.P., in College Station,
Texas. In May 1992, Mr. Kennady was
elected to the position of City Council
Member, Place 2, in College Station.

IWI:8j
Katherine A. Compton has become
general counsel for Swearingen Aircraft
Co.

On the Record / Summer 1993

member of the Greater San Antonio
Crime Prevention Commission, the
Texas Municipal Court Association,
and the Texas Municipal Court Education Committee.

LAURA POWELL H EARD

('87 )

IWM~*'
Michael D. Bernard recently became
President of the San Antonio chapter of
the American Civil liberties Union.
Before assuming this position in October 1992, he served on the Board of
Directors of the local chapter. In one
pending high-profile case, Bernard and
the ACLU are challenging the curfew
law adopted by the San Antonio City
Council.

Randolph N. Wisener became a
partner in the firm of Rubinstein &
Perry, LLP. He works at the firm's office
in Dallas.

IWM~I:I
Kim Cauthorn, a professor at South
Texas Law School, is one of a group of
experts presenting a series of seminars
for the Houston City Attorney's office
on "Tips on Effective Legal Writing."
William B. Nash has become a shareholder of the San Antonio firm of
Gunn, Lee & Miller.

Camille DuBose was appointed an
Assistant District Attorney for Bexar
County. DuBose represents the Department of Protective and Regulatory Services of the State of Texas in suits in
which the State seeks to obtain the custody of children who have suffered
abuse or neglect.
Laura P. Heard recently announced
the opening of her own law office in
San Antonio. Heard formerly was with
the firm of Soules & Wallace, and previously was a briefing attorney for the
Fourth Court of Appeals. She is concentrating in appellate practice and
partnership disputes.
Stella Ortiz Kyle was named Presiding
Municipal Court Judge for the City of
San Antonio. In February 1993, Judge
Kyle was honored at a "Salute to
Women in Municipal Government" as
the first woman to be the Presiding
Judge of the San Antonio Municipal
Court. Judge Kyle previously served as a
Municipal Court Judge and Assistant
City Attorney for San Antonio. She is a

V INCENT

A.

LAzARO

('89)

Vincent A. Lazaro is enrolled in an
LL.M. program at Columbia Law
School, and is serving as an Articles
Editor on the Columbia Human Rights
Law Review. He recently was awarded a

MALDEF Law School Scholarship, and
was selected as the recipient of the
Valerie Kantor Scholarship, which is
given to the "most outstanding applican t overall."

'*M'I

IN

JOHN M ORGAN MI NTON

The Honorable John R. Brown.
He was a Senior Judge of the
United States Court of Appeals
for the Fifth Circuit. His wife
asked us to let the St. Mary's
community know of his death
"because he had a lot of friends,
and ties to St. Mary's law
students."

(, 92)

Joseph M. Gallagher, a native of Fort
Worth, recently joined the Fort Worth
law firm of McDonald Sanders.
Denise Hale is an Assistant District
A tto rney for Panola County, T exas.

William F. Bryan ('49).

Britannia Hardee rece ived the secondhighest score on the T exas Bar examination in July 1992. She is a member of
the San A ntonio firm of Soules &
Wallace.

Beverly J. Clay ('79).
She was a staff attorney for U.S.
Magistrate Robert B. O'Connor
in San Antonio, and served on
the Board of Directors of the St.
Mary's Law Alumni Association.

John Morgan Minton has begun a oneyear term as a briefing attorney for the
Honorable Dav id O. Belew, Jr., Senior
United States District Judge for the
Northern District of T exas.

Thomas M. Gumfroy ('73).
He had been practicing law in
Gruver, Texas.

Charles M. Philips married Dina
Moore at O ur Lady of Sorrows C hurch
in Bernalillo, N ew Mexico.
Steve Pilcher has joined the litigation
section of Cox & Smith. He will
practice natural-resources law and
environmen tal litigation.

MEMORIAM

William P. Hardeman ('73).
S TEPHEN P ILCHER

('92)

Ana Lopez ('90).

William F. McQuillen ('72).

Emil R. Pavelka, Jr. ('59).

27

HELP US
T URN A
NEW LEAF
Did you know that, among all the
accredited law schools in the United
States, St. Mary's ranks near the bottom
of the pile in alumnce/i giving? Only 3.5
percent of our graduates make annual
gifts to the School of Law.
Will you help us turn a new leaf? The
reputation of St. Mary's University
School of Law and the value of your
degree will be enhanced if you lend it
your support.
It doesn't take a huge contribution. A little seed
money goes a long way. Please consider making a tax-deductible
donation to your alma mater today. Thank you!
Please make your check payable to St. Mary's University School
of Law and send it to: Law Development, St. Mary's University
School of Law, One Camino Santa Maria, San Antonio, Texas
78228-8602.

-~~i;i:!~~~?!!~~;~I~~;,~li~~~~:~
~

--=- -----=--=

~ -

O n the Record / Summer '993

-

-

.:~ You may earmarkthe General a
contribution to your gift as
~_ .
Scholarship Fund (or any of our
named scholarship funds), the Clinical
Education Program, or the Law Library (or any of our special
collections, such as those in environmental law, international
law, or women and the law). Alternatively, you may wish to let
the Dean use your contribution wherever the need is greatest. In
that case, please indicate that you want your gift to go to the
Dean's Discretionary Fund.

ST MARY'S UNIVERSITY

Class of 1993
St. Mary's University School of Law

St. Mary's University
School of Law
One Camino Santa Maria
San Antonio, Texas 78228·8606

Non-Profit
U.S. Postage
PAlO
San Antonio, Texas
Permit No. 787

Address Correction Requested

Files

Citation

Elise D. Garcia, Melanie Rush Davis, J. Scott Schrader, Craig Stafford, Vincent R. Johnson, Mary Brennan Stich, Sister Grace Walle, Wallace R. Crow Jr., “On the Record Summer 1993: A Magazine for Graduates: St. Mary's University School of Law,” St. Mary's Law Digital Repository, accessed September 19, 2017, http://lawspace.stmarytx.edu/item/STMULaw_OnTheRecord1993Summer.

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