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Gaining an insider’s perspective on the federal court system

University of Tulsa College of Law student Brandon Keaton (3L) spent his final semester as an extern in the office of The Honorable Irma Ramirez, a Magistrate Judge in the United States District Court for the Northern District of Texas. Now just days away from graduating on Dec. 17, Keaton is well-equipped with the skills and knowledge he will need to fulfill his dream of practicing in one of the Lone Star state’s larger legal markets.

law student in a suit smiling for the camera outside
Brandon Keaton

Born and raised in Camden, Arkansas, Keaton graduated from the University of Arkansas — Fort Smith in 2018 with a degree in business administration. While there, Keaton took a handful of law courses and one of his professors was Associate District Judge Dennis Sprouse, a 1977 graduate of TU Law. “In fact, Judge Sprouse was the person who put TU Law on my radar,” Keaton recalled.

An instructive experience

As he reflects on his four months in Dallas, Keaton is particularly thankful to Judge Ramirez for encouraging and empowering him to tailor his externship experience to suit his interests and ambitions. Central to this was Keaton’s daily practice of reaching out to court-security officers in order to find out the schedules for the Northern District’s judges. Whenever a topic or case piqued his interest, Keaton would sit in and watch the proceedings.

Experiencing trials firsthand took Keaton far beyond the theories and examples he had studied in the classroom. “My externship opportunities were great,” he reported. “I got to see the ins and outs of the federal courts in the Northern District. It was certainly eye-opening.”

When he was not attending trials or busy drafting opinions on pending motions for Judge Ramirez, Keaton read and reviewed case files. In fact, he received his first file to review on his very first day of the externship. His most notable assignment was to write a motion to dismiss a case featuring a pro se plaintiff before working on a response to the plaintiff’s motion for a new trial.

Looking at life after graduation and passing the bar, Keaton hopes to pursue a career in civil litigations, where his writing and mock trial expertise will definitely prove valuable. “Early careers in civil litigation usually involve heavy research and writing as well as handling discovery,” Keaton pointed out. “As a law student’s foundation starts to build, their responsibilities follow suit.”

Laying the groundwork

While externships are a powerful means of experiencing what it is like to work as a legal professional and getting set to practice law, Keaton credited his coursework and professors at TU Law with enabling him to lay the necessary groundwork. For example, Keaton underscored the impact of the legal writing courses he took during previous semesters, which he was then able to build on in Judge Ramirez’s office.

law student in front of a book case with arms folded
Brandon Keaton

Keaton also praised the effectiveness of TU Law’s trial skills and evidence workshop along with the American Association for Justice mock trial travel team, both of which helped him to enhance his analytic skills and improve his ability to notice the issues and minute details being argued in the cases and proceedings he sat in on. “Those experiences allowed me to focus on the effectiveness of the lawyers themselves, rather than placing all my focus on the issues being argued,” Keaton said. “That’s a priceless experience.”

A further, less tangible, element of preparation TU Law provided was to help Keaton set his expectations with regard to what it is like to work as an extern. In addition to receiving advice from Assistant Dean for Experiential Learning Lauren Donald, Keaton spoke to other students who had already completed or were in the process of completing their externships and pick their brains for externship wisdom.

Keaton also had professors on his side to help him prepare to apply for an externship. In particular, both Professor of Law Johnny Parker and Chapman Distinguished Professor of Law Robert Spoo provided Keaton with guidance and boosted his confidence. “Brandon is one of the brightest and most prepared legal minds that I have had the pleasure of teaching at TU Law,” commented Spoo. “He performed superbly in my Contracts and Constitutional Law courses, and I expect to see him thrive in the profession of law.” Parker likewise had high praise for Keaton, stating “he’s a highly intelligent, very dedicated individual. These qualities, along with his work ethic, allow him to succeed in all his endeavors. He is a joy to work with.”

Advice from a law school vet

When asked if he had any advice to bestow upon those who may follow in his footsteps, Keaton had this to say: “I will give the same advice I was given when I was a 1L. During my first year of law school, a 3L told me to try to experience as many different areas of law as possible while you’re in law school. They said that the only sure way to find out which area you want to begin your career in is to exhaust all your options first.

“I came into law school unsure if I would even consider litigation mainly because of the idea of having to step foot in a court room and make arguments. But, after taking trial skills and following that up with participating on a mock trial travel team, it was clear that this was for me.”


Does the prospect of having a well-rounded law school experience excite you? Head over to the TU College of Law for more information!

TU Law ranked #1 in Oklahoma and #15 nationally for graduate job placement

The University of Tulsa College of Law is ranked number one in Oklahoma and 15th  in the nation for jobs requiring bar passage or positions in which a law degree offers an advantage. The rankings published in the National Law Journal are based upon data from the 2017 ABA national employment outcomes report and show that 91.86 percent of 2017 TU Law graduates were employed in these full-time, long-term positions 10 months after graduation.

Additionally, TU Law ranked first in Oklahoma and 20th in the nation for graduate placement in ‘gold-standard’ jobs which are defined as full-time, long-term jobs requiring bar passage that are not funded by the school.

TU Law’s Professional Development Office works with students on career strategies before they enter the classroom beginning with a one-week Foundations of Legal Study orientation. During law school, students are provided individualized career counseling with former practicing attorneys, on-campus interviews and specialized networking events.

“We are very proud of our 2017 JD graduates and the positions they hold,” said Lyn Entzeroth, dean of the college. “This ranking reflects the hard work of our talented students and the outstanding program for professional development that the College of Law offers to all students.”

Complete graduate employment information including ABA and NALP reports can be found here.

 

Hamidi receives Crowe & Dunlevy Diversity Scholars Program scholarship

Fareshteh Hamidi, first-year law student at The University of Tulsa University College of Law, was recently honored with Crowe & Dunlevy’s Diversity Scholars Program scholarship, an honor awarded to one outstanding TU Law candidate each year who qualifies based on academic achievement, financial need and commitment to the law. The scholarship totals $10,000, with $2,000 installments granted each semester based on the student’s excellent progress and performance.

Hamidi graduated in 2012 with a bachelor’s degree in kinesiology from Oklahoma City University. Since that time, she has held a legal internship and worked in the health care and hospitality industries. Today, she is seeking a health law certificate from the University of Tulsa College of Law, where she is a member of the Immigration Law Society and won first place in the Board of Advocates Redbud Invitational Competition. In her spare time, Hamidi is an active community member, volunteering with the Junior League of Oklahoma City, Emergency Infant Services, NewView Oklahoma, OK Kids Korral at the Toby Keith Foundation and more.

Crowe & Dunlevy offers comprehensive transactional and litigation services from early mediation to alternative dispute resolution through 30 practice groups and can be found at crowedunlevy.com.

Revell specialized in health law in D.C. externships

With an undergraduate degree in biomedical science from Texas A&M University, Melissa Revell knew she wanted to pursue a career in the healthcare industry. Her studies led her to the field of law and to The University of Tulsa.

As a third year law student, Revell is worked in Washington, D.C. as a legal extern for both the U.S. Department of Health & Human Services and the American Health Lawyers Association (AHLA).

“I spent the last semester of law school externing in Washington, D.C.”

“Working in Washington, D.C., the last semester of law school has rounded out my perspective on health care, by allowing me to see health care from the vantage point of a federal administrative agency,” said Revell. “I’m excited to take what I’ve learned from these experiences back to Tulsa where I’ll be working after graduation.”

At the U.S. Department of Health & Human Services, Revell consults with and drafts opinions for administrative law judges on Medicare disputes. At AHLA, she writes articles on recent healthcare decisions, legislation and regulatory changes for the agency’s newsletter sent to its 14,000 members.

“I’ve observed how healthcare attorneys provide objective counsel with compassion.”

In the summer of her second year, Revell interned at St. Jude Children’s Research Hospital in Memphis, Tennessee, conducting legal research and advising counsel of issues of informed consent, patient discharge and advance directives. “My experience at St. Jude greatly impacted me, as I learned first-hand how their positions require the attorneys to provide objective counsel, while approaching delicate issues with compassion.”

Revell first became passionate about health care in her undergraduate years when she shadowed several physicians, operated a breast cancer research lab and volunteered in a prenatal clinic.

“Melissa came to me early with the goal of securing an opportunity in Washington, D.C. in health law. She used her network from her internship at St. Jude to focus in on where she wanted to be. We worked together on a plan within the externship program that allowed her to get course credit for two placements concurrently. Through her own tenacity, she is getting double experience and exposure in her preferred practice area,” said Lauren Donald, assistant dean for experiential learning at TU Law.

Revell is joining McAfee & Taft in Tulsa as a healthcare attorney.

During her time at TU Law, Revell was selected as a William W. Means Professionalism Endowed Scholar and a Steele Scholar. She served as an articles research editor of the Tulsa Law Review in 2017-18 and as an associate editor in 2016-17. She also earned four CALI Excellence for the Future awards in Legal Writing II, Legal Writing III, Constitutional Law II and Insurance Law.

“One of my favorite things about TU Law is the high caliber of the professors and how vested they are in their students. I love living in Tulsa, and I believe that Tulsa is a perfect size legal market for a new attorney to begin his or her career,” said Revell. After graduation, Revell is joining the healthcare practice group at McAfee & Taft in Tulsa.

For more information on externships at The University of Tulsa College of Law, visit us online.

 

Cybersecurity law scholar Ido Kilovaty joins TU Law

Cybersecurity scholar Ido Kilovaty joins TU as the Frederic Dorwart Endowed Assistant Professor of Law.

Ido Kilovaty has been appointed to hold the Frederic Dorwart Endowed Assistant Professor of Law position at The University of Tulsa College of Law. He will teach cybersecurity law, internet law and international law.

Kilovaty comes to TU from Yale Law School where he was a Cyber Fellow for the Center for Global Legal Challenges, a Resident Fellow for the Information Society Project, and involved in co-teaching a course titled, “The Law & Technology of Cyber Conflict” offered both to law students and computer science majors.

“I am delighted to be joining The University of Tulsa College of Law,” said Kilovaty. “I am very much looking forward to be working with the outstanding faculty and students at Tulsa.”

Focuses on domestic and global cybersecurity.

Kilovaty studies the connection between technology, law and policy, with a focus on domestic and global cybersecurity. His recently authored “Freedom to Hack” which proposes a solution of ethical hacking for the improvement of smart-device security is forthcoming in the Ohio State Law Journal. He has also written on election interference through cyberspace, “Doxfare: – Politically Motivated Leaks and the Future of the Norm on Non-Intervention in the Era of Weaponized Information” appearing in the Harvard National Security Journal (2018).

Kilovaty’s recent scholarship includes – “NATO, ICRC, and the U.S. –Direct Participation in Hacktivities under International Humanitarian Law” (Duke Law & Technology Review); “World Wide Web of Exploitations—Peacetime Cyber Espionage under International Law” (Columbia Science & Technology Law Review); “Virtual Violence: Disruptive Cyber Operations as ‘Attacks’ under International Humanitarian Law” (Michigan Telecommunications & Technology Law Review). Kilovaty has also published op-eds and essays in the Harvard Law Review Blog, Lawfare, Just Security, WIRED, and TechCrunch.

At Yale Law, Kilovaty developed a project to connect the legal and technical aspects of cybersecurity.

At Yale Law School, Kilovaty developed a cross-disciplinary project on cybersecurity bringing together lawyers, policymakers, and technology experts to engage in constructive discourse on the current state of affairs on cybersecurity law and policy. The project was a collaboration between Yale Law School and Yale University’s Department of Computer Science designed to bridge the gaps between the legal and technical aspects of cybersecurity.

Kilovaty earned his Doctor of Juridical Science (S.J.D.) degree from Georgetown University Law Center, his Master of Laws (LL.M.) from the University of California Berkeley School Of Law, and his Bachelor of Laws LL.B.) from the Hebrew University of Jerusalem.

 

International student calls upon experience as an immigrant in her legal studies

Aisosa Arhunmwunde is a third-year law student at The University of Tulsa College of Law who is working towards a career in immigration law. Originally born in Nigeria, Arhunmwunde immigrated with her family to Canada where she earned her undergraduate degree in philosophy from the University of Manitoba.

After college, she decided to continue her education in law school. “I realized early that laws are dormant until a person is there to enforce and interpret them for people,” said Arhunmwunde. “It was then that I realized I wanted to be the voice of those who needed help with their legal rights.”

“TU Law allowed me to start school in the spring semester.”

Originally, Arhunmwunde looked at TU Law because she wanted to begin law school in the spring semester and TU offers spring, summer and fall starts. After she compared schools, she realized that TU’s robust experiential learning program, excellent academics, diverse student body and the affordable cost of obtaining a legal education was right for her.

She worked with asylum-seekers in Ireland.

During law school, Arhunmwunde has focused her interests on immigration law by working at TU’s Immigrant Resource Network and Immigrant Rights Project. During the summer months, Arhunmwunde took her studies abroad through TU’s Study Abroad program and interned at the Irish Refugee Council in Dublin helping clients who were seeking asylum.

Elizabeth McCormick, JD, associate dean of Experiential Learning and director of the Clinical Education Program at TU Law said, “Aisosa brings the unique and valuable perspective of her own experience as an immigrant and international student to her work with immigrant clients. She has seized on every available opportunity to gain first-hand experience in immigration law and in representing real clients. The combination of her intellect, passion and empathy will be a great benefit to her and her clients in the future.

After completing her internship, Arhunmwunde traveled to Ghana which was funded by TU Law’s Public Interest Board. Based in Accra, she conducted interviews with citizens on the street who were displaced in order to help them find living spaces. She was one of a cadre of students from around the world there to conduct human rights work in the field.

“Law school is challenging but worth it if you choose the right one for you.”

“It is truly rewarding to have a client whose case you’ve work on call and tell you their asylum is approved and they no longer fear going to jail. It is so worth it,” said Arhunmwunde. “Law school is challenging like everything worthwhile, but it is easier and more enjoyable if you choose a law school that gives you the tools and sets you up for success before you put a foot out of the door.” During her time at TU Law, Arhunmwunde served as the associate editor of the Energy Law Journal, secretary of the Black American Law Students Association and was a member of the Women’s Law Caucus, Board of Advocates and the West African Students Association.

For more information on the TU College of Law, visit us online.

Book reviews featured in this issue of Tulsa Law Review

The annual book review issue of the Tulsa Law Review is now available for reading. Editor-in-Chief and TU Law student M. Dalton Downing prefaces the issue with the following comments about the tradition of publishing book reviews relevant to law.

“In an essay published by the Texas Law Review nearly a decade ago, Sanford Levinson lamented the degree to which law journals were abandoning book reviews. He felt that law journals—the legal profession’s chief scholarly fora—had a duty “to serve as a venue for serious discussions of important books relevant . . . to thinking about law.” The following year, in collaboration with Levinson and Mark Graber, the Tulsa Law Review published its inaugural book review issue.

So began our rich tradition of publishing book reviews that not only offer careful, evaluative criticism of prominent books, but that also bridge disciplinary divides. As you will see in the nearly two dozen essays that follow, both the books under review and the reviewers come from an array of disciplinary backgrounds—from law, of course, but also from sociology, philosophy, political science, and history. Skillfully pairing thought provoking books with astute reviewers, our co-editors, Professors Julie Novkov and Stuart Chinn, assembled a collection of reviews that capture the depth and complexity of each book, stimulate interdisciplinary conversation, and offer original insights. ‘

The Tulsa Law Review owes a debt of gratitude to all who made this issue possible: to Sanford Levinson (whose book is reviewed herein) and Mark Graber for inspiring and establishing this tradition; to Professors Novkov and Chinn for their thoughtful, diligent editorship; and to the reviewers for crafting insightful, fascinating essays that educate and inspire our readers.”

To read this issue of the Tulsa Law Review click here.

Forsyth externs with Federal Court of Appeals

TU Law student and Oklahoma Bar Association (OBA) Student of the Year Hope Forsyth is serving as an extern for Tenth Circuit Court of Appeals Senior Judge Stephanie K. Seymour. Forsyth’s skill set along with support from TU Law professors and the professional development office helped her secure this coveted legal externship.

“After hearing a judge speak in my first year of law school, I knew I wanted to learn at the federal court level,” said Forsyth. “Internships and externships in chambers involve learning from judges and their staff, observing the court in action, analyzing both frequent and unusual legal issues, and drafting written work for the judge to consider including in orders and opinions. Working for judges in law school gives an incomparable lesson in how to be an effective advocate.”

Forsyth is externing at the appellate level in her final year of law school.

Forsyth is an outstanding student all around. She earned a bachelor’s degree magna cum laude in communication and media studies with minors in English and philosophy from The University of Tulsa, where she was also an Oklahoma Center for the Humanities research fellow, Honors Scholar, Presidential Scholar and National Merit Scholar.

Now, Forsyth is a third-year student at The University of Tulsa College of Law. She is the executive editor of the Tulsa Law Review, a student member of the Council Oak/Johnson-Sontag Inn of Court and a member of Phi Delta Phi. She has earned 11 CALI Excellence for the Future Awards for the highest grade in various classes and the George and Jean Price Award for legal reasoning, research and writing.

In addition to her appellate externship with Senior Judge Stephanie K. Seymour, Forsyth has gained experience at multiple levels of the court system through internships with Chief Judge Gregory K. Frizzell, former Magistrate Judge T. Lane Wilson and Magistrate Judge Paul J. Cleary, all of the Northern District of Oklahoma.

Forsyth credits her professors at TU Law for providing a solid education, mentorship and individual attention to all students. “TU Law is a close-knit and mentoring community with world-class legal professors,” said Forsyth. “They’ve had a formative influence on my education.”

“TU Law is a close- knit and mentoring community.”

Forsyth grew up in Cushing, Oklahoma, where her father practices law. Outside of law school, Forsyth is an America’s Test Kitchen home recipe tester and a volunteer sacramental catechist at her Catholic parish.

After graduation, Forsyth will join GableGotwals in Tulsa as an associate attorney.

 

 

 

Legal community helps build future lawyers through externships

This article, written by Lauren Donald, assistant dean for experiential learning at TU, was first published in the Tulsa Business & Legal News.

The externship program at The University of Tulsa College of Law is one of the most robust programs of its kind, offering students an effective and comprehensive bridge to go from law student to lawyer.

TU Law’s proximity to the thriving, urban setting of the city and its engaged legal community ensure that externs have opportunities in a variety of exciting and relevant placements. In addition to local resources, students also take advantage of externships across the U.S. and abroad in government agencies, public interest organizations, courts, law firms and corporations.

Through externships, students build confidence in their ability to practice, feel the pleasure and challenge of work that matters, and find a path from lawyering experiences to a rewarding career.

Said Keaton Taylor, a second-year law student and extern with the Tulsa County Public Defender: “During (the law student-to-lawyer) transition, new skills become necessary for success; skills that can only be learned by doing. Externships are crucial to future lawyers. The externship program gives me the opportunity while still in school to begin navigating the new terrain of an attorney.”

Supervisors also find reward in helping lay a foundation for a student’s career. April Merrill, Legal Aid attorney for Medical-Legal Partnerships, says that through her practice students are exposed to real-world issues and sometimes of the darker side of life.

“This is often the first real-life experience the student has interacting with actual clients who are entrusting their problems to us,” she said.

Through these experiences, she hopes to instill in students a desire to serve low-income persons as these future lawyers move on in their careers.

Merrill has invested time as a supervisor in building the student experience.

“I strive to take the students from the legal theoretical framework to the practical, everyday practice of law,” she said. “As the students are allowed more client interaction and responsibility for drafting and research, I can see their confidence grow.

“Those ah-ha moments, as Oprah calls them, are the most rewarding. As a supervisor teaching a concept and to see it suddenly click, it’s really meaningful.”

Under the direction of engaged supervisors such as Merrill, students begin to identify their path and develop marketable skills.

“Law school is like an oyster producing pearls,” Taylor said. “For a pearl to hold value, it must be polished. Experiential learning increases my value as a pearl. I aspire to be the shiniest pearl on the market so I need to polish my skills as soon as possible. The externship program at TU allows me to do that.”

Student authors solutions for Oklahoma’s overcrowded jails

Leslie Briggs, right, shown with TU Law Dean Lyn Entzeroth at the Albert Schweitzer Fellowship reception.

TU Law student Leslie Briggs is working towards a career to “help people with pressing problems that seem insurmountable.” To achieve that goal, Briggs has been heavily involved in rights-oriented work including serving as an intern at the Tulsa County Public Defender’s Office and the OK Policy Institute and as the Tulsa-area organizer for Oklahomans for Criminal Justice Reform. Recently, Briggs’ article titled, Bail reform should be the solution for Oklahoma’s overcrowded jails, was published on the OKPOLICY.org website and is included below.

Oklahoma voters know that the time is right for criminal justice reform for our state, and they showed it by passing State Questions 780 and 781 by wide margins last November. Not all stakeholders were on board: Just before the questions took effect on July 1, some Sheriffs and District Attorneys raised concerns about rising county jail populations, since many low-level drug and property offenders are no longer eligible for terms in state prisons. While overcrowded jails are a real problem, the state can do much more to solve it by reforming bail practices than by undoing recent reforms.

Like state prison populations, both urban and rural local jail populations have dramatically increased to a point that is breaking our ability to operate them safely. Oklahoma County jail, for example, was originally designed to hold 1,200 inmates; its average daily population has reached twice that size in recent years. But the vast majority of jail inmates in Oklahoma County – about 80 percent – are being held pretrial, which means they haven’t yet been convicted of a crime but can’t afford bail to get out of jail before their case is resolved. Nationwide, about 9 in 10 pretrial inmates have a bail amount set but are unable to meet the financial burden to be released from jail.

Jurisdictions across the country have shown that we can reduce that number by implementing an evidence-based, pretrial release program that relies on individual risk assessments rather than money bail. Doing so at the state level would save counties huge amounts of money without risking public safety.

Pretrial detention doesn’t just contribute to jail overcrowding. It also creates big problems for defendants, their families, and taxpayers. It costs over $51 a day to house an inmate in jail. In many counties, this cost falls on the inmates themselves through jail fees — and if they can’t afford bail they aren’t likely to be able to pay off the fee debt, either. When those fees can’t be collected, the costs must be covered by city and county taxpayers.  An extended pretrial stay in jail may also result in a defendant losing their job, losing their children to state custody, and being evicted from their home. That’s part of why defendants who are detained before trial are much more likely to plead guilty and take a plea bargain — whether or not they are actually guilty — to obtain faster release from incarceration.

We have better options to make this system more just and less expensive. Instead of using money to secure bail, courts should use the information available to them to determine who is at most risk to reoffend or fail to appear for their court date. Strong, empirically-based pretrial risk assessments have been developed and put into use federally and in several states. The Arnold Foundation’s Public Safety Assessment (PSA) is one risk assessment tool that estimates the likelihood that the defendant will commit a new crime, commit a new violent crime, or fail to appear for their court date. These policies save taxpayer dollars, improve public safety, and reduce unjust outcomes for low-income defendants.

For example, Allegheny County (PA) Jail saw a 30 percent decrease in the number of defendants sent to jail after preliminary arraignment once they integrated a risk assessment tool into their bail setting process, among other reforms. Washington D.C. has gone even further by eliminating money bail in favor of pretrial release that may come with conditions like GPS monitoring, regular drug testing, and checking in at court by phone or in person. Over the last five years, 90 percent of those released under D.C’s system have remained arrest free before their cases were resolved.

“This creates a paradox for those sitting in jail: bond out and be required to hire an attorney who charges $350 per hour, or stay in jail and risk losing your job, home, and children, only to then feel pressured to take a plea deal for less time in incarceration.”

In the absence of these reforms, private bail bondsmen often play the role of facilitating release by paying off bail and supervising defendants in exchange for high interest charges on the bail amount. Proponents of the current money bail systemcontend that bail bondsmen save taxpayers money and do the job of making risk assessments in the interest of public safety. But bail bondsmen do not have a standardized, evidence-based system for determining who is a potential threat to public safety, and they do not consider the type of crime committed in their assessment of who they will bond out. They also don’t face a penalty if the defendant they bond out commits a new crime after release. These incentives mean that bondsmen are primarily concerned whether defendants are a flight risk and whether they will be able to pay off the interest, not whether they are likely to commit a new crime.

The second major issue is access to justice for low income defendants. Only those who cannot afford to hire an attorney are eligible for representation by a Public Defender. Under Oklahoma law, when a defendant posts bail it creates a “rebuttable presumption” that the defendant is not indigent, making it more difficult for them to be represented by a Public Defender. This creates a paradox for those sitting in jail: bond out and be required to hire an attorney who charges $350 per hour, or stay in jail and risk losing your job, home, and children, only to then feel pressured to take a plea deal for less time in incarceration.

Just this month, 67 former District Attorneys and Department of Justice officials from across the country – groups that are rarely outspoken proponents of reform – filed a brief detailing how money bail harms the criminal justice system and urging wider adoption of individual assessment of defendants. In Congress, Sen. Rand Paul (R-KY) and Sen. Kamala Harris (D-CA) showed the bipartisan support for bail reform with a bill that would provide grants to local justice systems that implement risk assessments. With criminal justice reform remaining at the center of attention in Oklahoma, the time is right for bail reform. We should not let State Questions 780 and 781 stand alone. We should build upon them with evidenced-based reforms.

This article was originally published August 16, 2017.

Rising scholars published in prestigious law journals

From left: Anna Carpenter, Matt Lamkin and Stephen Galoob.

The University of Tulsa College of Law is a Top 100 law school that provides a dynamic doctrinal and experiential legal education. The faculty at TU not only impact students’ experiences through their classrooms and clinics, but also through publishing high-level scholarly articles, papers and opinions.

Most recently, TU faculty published or have articles forthcoming in prestigious law journals including Yale Law Journal, Stanford Law Review, Notre Dame Law Review, Arizona Law Review, BYU Law Review, University of Illinois Law Review, U.C. Davis Law Review, Constitutional Commentary, Hastings Law Journal and Lewis & Clark Law Review. TU Law’s prominent scholars include Anna Carpenter LL.M, J.D.; Stephen Galoob, Ph.D., J.D.; and Matt Lamkin, J.D.

“I am very proud that The University of Tulsa College of Law boasts such diverse and groundbreaking scholarly articles by its faculty,” said TU Law Dean Lyn Entzeroth. “Our professors provide deep and meaningful value to our law students and to the legal community.

Carpenter is an associate clinical professor of law and director of the Lobeck-Taylor Community Advocacy Clinic. Her scholarship includes empirical and theoretical work on access to justice and the role of lawyers, non-lawyers and judges in the civil justice system. Professor Anna Carpenter’s most recent article, “Active Judging and Access to Justice,” is forthcoming in the Notre Dame Law Review and another, “Measuring Clinics” is forthcoming in the Tulane Law Review (with Colleen F. Shanahan, Alyx Mark, and Jeff Selbin).

She also recently published “Trial and Error: Lawyers and Nonlawyer Advocates” in the peer-reviewed journal, Law and Social Inquiry; “Lawyers, Power, and Strategic Expertise” in the Denver Law Review; and “Can a Little Representation Be a Dangerous Thing?” in the Hastings Law Journal (all three with Colleen F. Shanahan and Alyx Mark).

Galoob is an associate professor of law whose scholarly work examines fundamental questions in criminal law, torts, contracts and professional responsibility. He is currently writing articles concerning blackmail, the nature of norms, fiduciary concepts, reparation and political legitimacy.

Galoob’s essay (with Ethan Leib), “Fiduciary Political Theory: A Critique,” was published in the Yale Law Journal in 2016. In 2017, Galoob published “Coercion, Fraud, and What Is Wrong With Blackmail” in Legal Theory; “Retributivism and Criminal Procedure” in New Criminal Law Review; “The Ethical Identity of Law Students” (with coauthors) in International Journal of the Legal Profession; and “Living Up To (and Under) Norms” in Tulsa Law Review.

Galoob’s forthcoming publications include “The Core of Fiduciary Political Theory” (with Ethan Leib) in Research Handbook on Fiduciary Law; “Fiduciary Principles and Public Offices” (with Ethan Leib) in Oxford Handbook of Fiduciary Law; “Fiduciary Political Theory and Legitimacy (with Ethan Leib) in Fiduciary Government; and “Climbing the Mountain of Criminal Procedure” in American Journal of Comparative Law.

Lamkin is an associate professor of law whose scholarship explores the intersection of health care, law and ethics with a focus on how the increasing commercialization of medical care is reshaping our understandings of disease and disability, informed consent and personal responsibility, and the role of government in regulating medical care.

Lamkin’s article, “Medical Regulation as Social Control,” was published in the BYU Law Review (2016). He has coauthored a series of articles with philosopher Carl Elliott at the University of Minnesota, including “Avoiding Exploitation in Phase I Clinical Trials: More than (Un)Just Compensation,” Journal of Law, Medicine, & Ethics (forthcoming 2018); “Involuntarily Committed Patients as Prisoners,” University of Richmond Law Review (2017); “Restrict the Recruitment of Involuntarily Committed Patients for Psychiatric Research,” JAMA Psychiatry (2016); and “Curing the Disobedient Patient: Medication Adherence Programs as Pharmaceutical Marketing Tools,” Journal of Law, Medicine, & Ethics (2014).

 

 

Students, faculty and alumni featured in Dean’s Report

TU Law offers a superb doctrinal and experiential legal education to talented and engaged law students. With a full-time annual tuition of $24,600, The University of Tulsa College of Law allows students to pursue their professional dreams at a cost that is one of the most affordable among Top 100 private law schools and competitive with top-tier public law schools.

Remaining true to TU Law’s mission of high standards and selectivity, the law school continues to increase its 1L enrollment. Important drivers in the enrollment increase include outstanding academic programs, engaged faculty, exceptional clinical and externship opportunities, strong bar preparatory support, and a high job placement rate for graduates. Moreover, TU Law embraces, promotes, and protects the values of community, civility and dialogue to create an intellectually vibrant and thriving law school.

Beginning with orientation, TU Law focuses students on future and professional aspirations. Faculty and administration work closely with students to help them refine their career objectives and secure placements meeting their interests. One 2017 graduate who recently accepted a fellowship at Harvard Law School credits TU Law faculty with guiding and supporting her as she pursued her professional goals. Other recent graduates have secured positions with federal judges, state and federal governments, public interest organizations, selective law firms, and major industries including banking and energy.

TU Law faculty impact the legal world not only through classrooms and clinics but also through engagement and scholarship in a wide array of important issues. Faculty recently placed high-level articles in prestigious law journals including Yale Law Journal, Stanford Law Review, Notre Dame Law Review, Arizona Law Review, BYU Law Review, University of Illinois Law Review, U.C. Davis Law Review, Constitutional Commentary, Hastings Law Journal and Lewis & Clark Law Review.

In this report, we share more about TU Law’s accomplishments and community.  It is truly a privilege to lead this dynamic law school. I look forward to the challenges and opportunities that lie ahead.

Lyn S. Entzeroth
Dean & Dean John Rogers Endowed Chair
The University of Tulsa College of Law

TU Law grads honored with OBA’s Lambird Spotlight Award

L to R: Mary Quinn Cooper and Kathy R. Neal

TU College of Law alumnae and Hall of Fame inductees Mary Quinn Cooper and Kathy R. Neal have been selected as winners of the Oklahoma Bar Association’s 2017 Mona Salyer Lambird Spotlight Award for distinguishing themselves in the legal profession and paving the way for other women. Both are attorneys with McAfee & Taft in Tulsa.

Cooper is an accomplished litigator who serves as national trial counsel for major corporations and regularly defends product liability claims and class actions across the country. In addition to serving as co-leader of McAfee & Taft’s litigation group, she is an appointed member of the OBA’s Professional Responsibility Tribunal. Cooper is a 1986 graduate of The University of Tulsa College of Law and was inducted into the TU College of Law Hall of Fame in 2014.

Neal represents employers exclusively in all aspects of labor and employment law and litigation and devotes a portion of her practice to commercial litigation. She currently serves as an adjunct settlement judge for the U.S. District Court for the Northern District of Oklahoma and previously served as an administrative law judge for the Oklahoma Department of Labor. Neal is a 1982 graduate of The University of Tulsa College of Law and was inducted into the TU College of Law Hall of Fame in 2015.

Both Cooper and Neal have been recognized for their professional achievements by the publishers of the Chambers USA Guide to America’s Leading for Business, The Best Lawyers in America, Benchmark Litigation and Oklahoma Super Lawyers.

Rex J. Zedalis: A pragmatic caution to disciples of principle

This editorial was first seen in the Oct. 13, 2017 issue of the Tulsa World written by TU Law Professor Rex J. Zedalis, Director of the Comparative and International Law Center and fellow in the Sustainable Energy & Resources Law program. 

The debates surrounding NFL players and the national anthem, the Las Vegas shootings and guns, and, among some, the recent Ken Burns Vietnam War documentary, have Americans retreating to ideological silos. This raises the hold core principles have on life.

Contrast, for a moment, Jefferson’s statement that “In matters of style, swim with the current; in matters of principle, stand like a rock,” with that of the master of political parody, Groucho Marx, who reportedly quipped, “Those are my principles, and if you don’t like them well, I have others.”

Are we to remain unmovable on principles, as Jefferson suggests? If so, what room exists when dealing with others who, because of culture, religion, or race see the world differently? Or are we, as some might argue Marx observes, always to put our principles, our ideology, up for negotiation? In that case, aren’t we left rudderless in a world of ideas that prey on the uncertain and uncommitted?

I’m ill-suited to answer such complicated philosophical questions. Nonetheless, it strikes me that whether we react by heading for an ideological silo when the NFL, Las Vegas or Vietnam is raised probably reveals whether our personality inclines more toward Jefferson’s or Marx’s view of principles.

Given the tribal character of today’s politics, untold numbers of liberals and conservatives alike surely subscribe to basic principles as commanding of unswerving commitment. Disciples of that stripe need be repeatedly cautioned of two things.

First, virtually all of what the original architects of any ideological belief warned were dangers embedded in those very beliefs has been forgotten. Virtues are emphasized; risks ignored. In light of the human habit of “cherry-picking” what we like; we turn a blind eye to what’s inconvenient.

Second, and more important, it is stunning how any absolutist commitment to principle can lead us astray from socially positive outcomes. Too firm a devotion to principle results in obliviousness to how it works out in the real world. Political psychologists might style this the “blind-spot of ideological anchoring.”

With respect to warned about dangers embedded in ideological beliefs, examples abound. Poking at devotees of small government, market-based solutions, for the moment, when did you last hear them, after waxing eloquent on the marketplace, remind us that the father of capitalism, Adam Smith, warned repeatedly of the need to guard against the market? Illustrative is his statement that laws proposed by business ought to be examined with great suspicion, for “such comes from an order of men whose interest is never exactly the same with that of the public, who have generally an interest to deceive and even oppress the public.”

And lest such reminders lead economic interventionists to believe gleefully John Maynard Keynes was no friend of free markets, it must equally be noted he professed no objection to “private self-interest … determin[ing] what … is produced … and how the value of the final product will be distributed.”

With respect to the obliviousness brought on by unalterable devotion to principle, one need only look around the globe at tragedies proceeding from the view that there’s but one “true way” in matters of religion, ethnicity, or politics. Refusal to see the world through any lens other than our own risks the worst of outcomes.

And never should we be so arrogant as to believe American democracy inoculates us from such risks. While on an entirely lower order of magnitude than what exists in some overseas locations, just look around at budget situations of state governments whose guiding tax cut ideology promised to bring unparalleled prosperity, or at the unintended consequences of certain activist social programs thought guaranteed to offer a hand up.

Governance, as life, requires juggling inconsistencies and contradictions. Whether principles are divine word or starting point, we must heed the warnings their architects called to attention, and remain open to deviations that help us steer clear of the disasters that inflexible adherence present.

Rex J. Zedalis is in his 37th year as a law professor at the University of Tulsa, having served, during that time, as director of the Comparative & International Law Center, fellow in the Sustainable Energy & Resources Law program and Phyllis Hurley Frey Professor of Law.

Carmody represents Uber in self-driving car technology case

TU Law alumnus Bill Carmody and his team from Susman Godfrey have been brought on by Uber Technologies to join its already large trial team in an intellectual property case against Waymo over self-driving car technology.

Waymo, the driverless car unit of Alphabet, sued Uber in February alleging that the ride-hailing giant was ripping off its technology in the race to get ahead in developing a LiDAR device—the laser-based navigation system for driverless vehicles.

Much of the case has centered around allegations that a former Waymo engineer, Anthony Levandowski, made off with 14,000 files before leaving the company and later joining Uber as a senior engineer through an acquisition deal. But Uber says it never saw any of those files, and that Waymo hasn’t proven Uber is using any of Waymo’s protected trade secrets.

“Several of Waymo’s alleged trade secrets should be knocked out by summary judgment,” wrote Carmody in the filing, known as a précis, “but based on the court’s guidance, Uber requests permission to file a motion for summary judgment on only two issues.” The five-page filing, which is heavily redacted, claims the code-named “Fuji” device that Uber has developed is different in key ways from Waymo’s claimed patent. It also says that Waymo’s own engineers have acknowledged that concepts claimed in the trade secret­—referred to as “TS9”—are “generally known” and therefore are not protectable under the law.

Carmody has squared off before against the lawyer leading the case for Waymo, Charles Verhoeven of Quinn Emanuel Urquhart & Sullivan. The two went head-to-head in a trial over satellite technology, in a case that ultimately settled for $100 million—but not before Carmody wiped out a $283 million verdict for Verhoeven’s client in 2014.

Carmody is a nationally recognized trial lawyer who tries bet-the-company cases for plaintiffs and defendants in state and federal courts throughout the country. He is a permanent member of Susman Godfrey’s Executive Committee and heads its New York office. Carmody is perennially listed in the Lawdragon 500, the guide to America’s leading 500 lawyers. He’s ranked in the Chambers USA Guide to America’s Leading Lawyers and included in Benchmark’s Top 100 Trial Lawyers. His peers have voted him both a “New York Super Lawyer” and a “Texas Super Lawyer” (Thomas Reuters, New York: 2008 – 2016, Texas: 2003 – 2006). Carmody is also listed in The Best Lawyers in America in five categories, including Bet-the-Company Litigation.

TU Law MJIL grad joins board of Native Women Coalition

Recent TU Law MJIL graduate Joannie Suina Romero has been appointed to the board of directors for the Coalition to Stop Violence Against Native Women (CSVANW). The organization works to prevent the cycle of violence within tribal communities.

Romero graduated with a Master of Jurisprudence in Indian Law (MJIL) from TU Law in 2017. She currently manages the Institute of American Indian Arts (IAIA) continuing education program in Santa Fe. This fall she will be teaching an undergraduate course for the IAIA titled “Decolonization and Applied Post-Colonial Theory.”

Romero also operates Corn Pollen Consulting, LLC, a Native American, woman-owned small business dedicated to providing a culturally responsive and respective approach to organizational engagement and development for tribal governments, programs, organizations and individuals.

Visit our site for information on TU Law’s MJIL program.

 

TU featured among Princeton Review’s best colleges for 2018

The University of Tulsa is once again pleased to announce that it is featured in the Princeton Review’s flagship college guide, The Best 382 Colleges. The 2018 publication highlights the nation’s top institutions for undergraduate education based on a survey of 137,000 students who were asked to rate their schools on campus experiences and other topics.

The Princeton Review guide includes detailed college profiles with ratings for several categories including institutions with the happiest students, most accessible professors and most beautiful campus. The publication is used widely by college applicants and parents during the college decision process.

TU is regularly included in the college guide among other Princeton Review distinctions such as a top law school, leading computer gaming school and a university that “pays you back,” which is based on factors such as financial aid, career placement and graduates’ salaries.

“TU’s continued focus on student success is centered on four important pillars: acceptance, engagement, empowerment and self-discovery,” said Earl Johnson, vice president for enrollment and student services. “We are eager to share with new students what so many TU friends and alumni already know – that is our university is a supportive campus filled with caring, connected faculty and well-documented outcomes.”

The survey asks students 84 questions about their school’s academics, administration, student body and themselves. The format uses a five-point scale to convert qualitative student assessments into quantitative data for school-to-school comparisons.