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THE THOMAS M. COOLEY LAW SCHOOL
Benchmark THE THOMAS M. COOLEY LAW SCHOOL ALUMNI NEWS PUBLICATION
COLUMN
JANUARY 2011 • VOLUME 3 • NUMBER 1
Resolving Conflicts Around The World
Cooley Professor Nancy Wonch just returned from a three-month fellowship in Thailand where she studied peer
mediation and conflict resolution programs. She was one of only six people from the United States who was selected
for this three-month program.
Rotary International sends up to 1,000 professionals
from around the world to study abroad in more than
60 countries through its fellowship program. Only 50 of
those individuals are selected annually to participate in
the program in Thailand.
10 Questions With Kathryn Lindahl Putting His Legal Career On Ice
The Tampa Bay Lightning hired Cooley graduate Jon Cooper to be the head coach of the AmericanBenchmark Column goes beyond “number crunching” with Kathryn Lindahl, who is currently the assistant vice
Hockey League’s Norfolk Admirals in August.president for finance and operations at Michigan State University.
INSIDE
> 10 QUESTIONS WITH KATHRYN LINDAHL
> RESOLVING CONFLICTS AROUND THE WORLD /
COOLEY PROFESSOR NANCY WONCH
> THE MOLECULAR MAKE-UP OF AN ATTORNEY /
RICHARD MARSH
> PUTTING HIS LEGAL CAREER ON ICE / JON COOPER
> A RARE LEADER / ALAN CROPSEY
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THE THOMAS M. COOLEYLAW SCHOOL enchmark THE THOMAS M. COOLEY LAW SCHOOL ALUMNI NEWS PUBLICATION C O L U M N JANUARY 2011 • VOLUME 3 • NUMBER 1
10 Questions With Kathryn Lindahl Benchmark Columngoes beyond “number crunching” with Kathryn Lindahl, who is currently the assistant vice president for finance and operations at Michigan State University.
Resolving Conflicts Around The World Cooley Professor Nancy Wonch just returned from a three-month fellowship in Thailand where she studied peer mediation and conflict resolution programs. She was one of only six people from the United States who was selected for this three-month program.
Rotary International sends up to 1,000 professionals from around the world to study abroad in more than 60 countries through its fellowship program. Only 50 of those individuals are selected annually to participate in the program inThailand.
Putting His Legal Career On Ice The Tampa Bay Lightning hired Cooley graduate Jon Cooper to be the head coach of the American Hockey League’s Norfolk Admirals in August.
INSIDE >10 QUESTIONS WITH KATHRYN LINDAHL >RESOLVING CONFLICTS AROUND THE WORLD / COOLEY PROFESSOR NANCY WONCH >THE MOLECULAR MAKE-UP OF AN ATTORNEY / RICHARD MARSH >PUTTING HIS LEGAL CAREER ON ICE / JON COOPER >A RARE LEADER / ALAN CROPSEY
cooley.edu
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SCHOOLNEWS
WELCOME TOTHEBENCHMARK COLUMN
Cooley Professor and former NAACP Legal Defense Fund attorney Brent Simmons argued the case for the Detroit parents and school children who filed the class action in Milliken v. Bradley.
Milliken v. Bradley continues to impact SE Michigan Cooley partnered with the Michigan Roundtable for Diversity and Inclusion to present a program titled “From Redlining to White Flight: The History of Housing Segregation and the Importance of Regionalism” at its Auburn Hills campus on October 27, 2010. High school students from several southeast Michigan schools joined notable individuals in Michigan’s legal community to re-enact a 1974 U.S. Supreme Court case that continues to have a major impact on southeast Michigan schools today,Milliken v. Bradley. "I knew that there was some segregation in housing, but I didn't know it affected people that much," Clarenceville (Mich.) High School student Jenny Spino told theDetroit News. "What surprised me the most was the climate that existed back then and what it took to get to where we are today." Milliken v. Bradleyaddressed the planned desegregation of schools and busing in Detroit and the surrounding suburbs. The re-enactment featured Michigan Supreme Court Chief Justice Marilyn Kelly, U.S. District Judge David Lawson, U.S. District Judge Denise Page Hood, District Court Judge Joseph Oster, retired 6th Circuit Court of Appeals Judge James L. Ryan, and Cooley Professor Dan Ray. During the re-enactment, Cooley Professor and former NAACP Legal Defense Fund attorney Brent Simmons argued the case for the Detroit parents and school children who filed the class action inMilliken v. Bradley. Abraham Singer, partner at Pepper Hamilton LLP, advocated on behalf of the 53 suburban school districts and select state officials. After the re-enactment, a panel discussion was held that took a deeper look at today’s issues and possible remedies. Panelists included former 6th Circuit U.S. Court of Appeals Judge Nathaniel Jones (who himself argued the actual case in the Supreme Court on behalf of the respondents), Dykema partner Elliot S. Hall, Director of the Fair Housing Center of Metro Detroit Cliff Schrupp, and Assistant U.S. Attorney Judy Levy. John Nussbaumer, associate dean of Cooley’s Auburn Hills campus, said he hopes that the day-long session helps to continue the conversation. “I hope it will be a way to move Detroit and the region forward,” he told theDetroit News.
Happy New Year!
Turning the calendar to a new year is a refreshing exercise, an opportunity to reflect on things that have gone well and to put together a new start in areas of our personal and profes-sional lives that we wish to improve. As we turn the calendar to 2011 at Cooley Law School, we’re energized by the vigor and enthusiasm of our students who come to the school’s four Michigan campuses from all around the world. In fact, at two of our campuses, students from outside of Michigan make up the majority of the student body. We’re also reminded of the great work that our graduates perform in a variety of industries all across the country and around the world. This edition ofBenchmark Column details a few of those stories. You’ll read the story of Richard M. Marsh, general counsel for a $2 billion Utah-based genetics company that offers predictive testing to individuals who may have an increased risk for certain kinds of cancer.
Jack Bernard, assistant general counsel for the University of Michigan, gave the keynote address during a panel discussion on the popular Harry Lexicon case.
Cooley Professor Florise Neville-Ewell worked for nearly a year to coordinate the event. She was as-sisted by approximately 15 Cooley students, who wrote the bench brief for the justices and went out to several high schools to teach a lesson plan about the case prior to the event.
Senior staff of the State Bar of Michigan attended the event. Since that time, the State Bar of Michigan has se-lectedMilliken v Bradleyas the next legal milestone that will be featured at the 2011 annual meeting. Cooley will provide assistance in recognizing this milestone.
Cooley holds panel discussion on the popular Harry Potter Lexicon case Cooley’s Ann Arbor campus hosted a panel discussion regardingJ.K. Rowling v. RDR Books(also known as theHarry Potter Lexiconcase) on November 13, 2010. The case centered on an attempt by Muskegon, Mich.-based RDR Books to publish a book version of the Harry Potter Lexicon website, a fan’s reference guide for all things Harry Potter.
“This was a very popular case on an important issue,” said Joan Vestrand, associate dean of Cooley’s Ann Arbor campus. “Rowling and Warner Bros. claimed that publication of the book would constitute copyright infringement and RDR Books claimed the right to publish the information under the Fair Use Doctrine.”
The panel discussion was moderated by Matthew W. Bower, attorney with Safford & Baker. Panelists included Roger Rapoport, owner of RDR Books; Julie Ahrens, associate director of the Stanford Fair Use Project; and Lawrence Jordan, managing partner of the Ann Arbor office of Jaffe Raitt Heuer & Weiss.
The Potter panel discussion headlined a day-long program on copyright law and fair use for artists, students and legal practitioners. Jack Bernard, assis-tant general counsel for the University of Michigan, gave the keynote address during the program.
The event was sponsored by the Gerald R. Ford Presidential Library, Cooley, the State Bar of Michigan Arts, Communications, Entertainment and Sports (ACES) Law Section and the Right to Write Fund.
Happy New Year!
You’ll read the story of Alan Cropsey, a Michigan state senator who has spent the vast majority of the last 30 years serving his state in an elected capacity. And you’ll read the story of Jon Cooper, a Cooley graduate turned hockey coach who now leads the top minor league affiliate for the NHL’s Tampa Bay Lightning. These stories and several others showcase the incredible range of professions that are enhanced by a legal education. I hope you enjoy these stories as much as I did. Sincerely,
James D. Robb, Associate Dean of Development and Alumni Relations | robbj@cooley.edu
Recent Cooley graduate Christopher Horvath was admitted to practice law in Michigan and the federal courts on November 24, 2010 from an unlikely place – Kuwait.
Cooley graduate sworn in from Kuwait Recent Cooley graduate Christopher Horvath was admitted to practice law in Michigan and the federal courts on November 24, 2010 from an unlikely place – Kuwait.
Horvath, a sergeant with the Michigan Army National Guard, left for a 12-month tour of duty in Kuwait on September 16 and his deployment orders precluded his participation in a traditional swearing-in ceremony with his graduating class. In its place, Cooley, the Michigan Court of Appeals, the U.S. District Court for the Western District of Michigan and the Michigan Army National Guard arranged for a transcontinental swearing-in ceremony via live videoconference.
“Chris is putting his life on the line for our country; arranging for this special ceremony was the least we could do to show our appreciation for his service,” said Heather Spielmaker, director of Cooley’sService to Soldiers: Legal Assistance Referral Programand the law school’s Center for Ethics, Service, and Professionalism.
Chief Judge William Murphy, Michigan Court of Appeals, administered the attorney’s oath for admis-sion to practice law in Michigan followed immediately by Chief Judge Paul Maloney, U.S. District Court for the Western District of Michigan. Sgt. Horvath’s wife, Dena, a third-year Cooley student, and many family members attended the ceremony from the Michigan Army National Guard Joint Forces Headquarters.
The ceremony completed a whirlwind six-month period for Sgt. Horvath, who graduated from Cooley’s Lansing campus in May, married Dena in June, took the bar exam in July, and received notification of his bar passage in October, just after leaving for a 12-month tour of duty in Kuwait a month earlier.
Service to Soldiers expands to Florida Beginning in February 2011, Cooley Law School will expand itsService to Soldiers: Legal Assistance Referral Programto troops in Florida. To date, the school’s program has focused on assisting soldiers in Michigan through preparing and notarizing more than 1,000 wills and powers of attorney for soldiers who are being deployed, and by providing referrals to attorneys who have represented more than 200 military clients with legal matters after their return from deployment.
Not only does Cooley plan to replicate thepro bono program for troops and their families throughout Florida, but it also plans to create a Florida version of the Michigan Judge’s Guide to the Servicemembers Civil Relief Act (SCRA). The guide was sent to every judge in Michigan in an effort to ensure that the state’s judges were aware of the protections that the SCRA affords to deployed troops and how those provisions are commonly applied in Michigan cases.
Cooley will again be collaborating with the ABA MilitaryPro BonoProject and representatives of the Department of Defense for this program, particularly in administering an informative training session for Florida participants.
“We chose Florida as the next location for the program because the state has the second highest number of Cooley Law School alumni,” said Heather Spielmaker, director of the Center for Ethics, Service, and Professionalism at Cooley. “Cooley’s Florida alumni are really excited about being able to ease the burden of reintegration for Florida military members through theirpro bonoservice, and we are looking forward to connecting them with clients who need their help.”
Currently, Cooley’s Service to Soldiers Program is available to men and women in every branch of military service throughout Michigan. To date, Cooley has referred cases and prepared documents for troops in 43 of Michigan’s 83 counties.
If you have questions about this program or would like to participate, contact Spielmaker at (517) 371-5140, ext. 4112 or spielmah@cooley.edu.
ALUMNI DATABASE The user name will always remain the word alumni. The password changes each term and will be disclosed in issues ofBenchmarkandBenchmark Column.Please call the Alumni Relations Office at (800) 243-ALUM (in the Lansing area, call 517-371-5140, ext. 2038), or e-mail alumni@cooley.edu if you have any problems.
| | | BENCHMARK2011 VOLUME COLUMN JANUARY 13 NUMBER
Kathryn “Kathy” Lindahl (Bird Class, 1995) Position:Assistant Vice President for Finance and Operations, Michigan State University Age:59 Hometown:Grew up in Hayward, Wisconsin; has lived in the Lansing, Mich. area for 32 years. Education:Bachelor of Science, University of Wisconsin, River Falls; Master of Arts, Michigan State University; Juris Doctorate, Thomas M. Cooley Law School
Community Engagement:Currently serving as: Vice Chairperson, (Mich.) Delta Township Economic Development Commission Board Member, MSU’s Campus Edge Fellowship Previous board experience has included: • First Vice President, Heart of Michigan Girl Scouts • Capital Area Transportation Authority • Michigan American Council on Education Lindahl also was a 2009 Finalist, Greater Lansing Woman of the Year
10 QUESTIONS WITH KATHRYNLINDAHL ASSISTANT VICE PRESIDENT FOR FINANCE AND OPERATIONS AT MICHIGAN STATE UNIVERSITY
Q. The office of finance and operations has oversight for a university operational budget of $1.8 billion that supports 47,000 students and 10,000 employees.The budget includes academic support, physical infrastructure of campus, housing support of 16,000 students and human resources. With so many moving pieces, how do you keep things running smoothly and more importantly: on budget? A.With an enterprise the size of MSU, you constantly have to refine, refocus and revise. It’s like a giant cruise ship. You can’t turn it on a dime. At times you lead; at times you follow; at times you get out of the way. You constantly have to test the atmos-phere and collaborate with your staff. It’s about relationships and trust and leading by incremental change over time.
Q. You have had an interesting career with diverse positions including, serving as MSU’s associate athletic director, former chair of the NCAA Division I Women’s Soccer Committee and your current post. You also served as an adjunct professor and taught a graduate-level sports law class. How has your law degree supported you along the way? A.I’m a huge believer that leaders possess skills that are transferrable. My job in finance and operations is very broad reaching; it touches athletics. Most importantly, knowing legal terminology has been a huge benefit. I have used my training on a daily basis. As attorneys, we work between boundaries and then get to those grey areas. In finance, we work between boundaries and there’s a fair share of grey areas. You need to stay within the white lines, but you don’t always have to be precise. You can stay within the big picture.
Q. What made you decide to pursue a law degree? A.I worked under Doug Weaver, who served as MSU’s athletic director for 10 years. Doug had a law degree and he would often tell me that I had a good way of analyzing information and he suggested I consider law school. But I didn’t want to become a lawyer in the traditional sense. Doug helped me to realize that much of the learning at law school is really transferrable and applicable to everyday life. So at age 40, I took the leap, working full-time at MSU and attending Cooley at night and on the weekends.
You lead MSU’s campus-wide initiative to reduce Q. the university’s carbon footprint, and you also lead the first Big Ten Environmental Stewardship Group. Going Green used to be a hard sell. What has happened to change that? A.When I was first asked to lead this, I told my boss I didn’t even recycle at home. Now, I use that example — of where I was and where I am today — to show that everyone can make a difference. I think we’re in a defining moment in history; envi-ronmental issues are the next industrial revolution of the world. Now, I have six different recycling containers at home. I’m into it! I’m paying attention to how many lights are turned on, if my computer is on or off. If you’re going to lead, you need to lead by example.
How are the practices of law and financial Q. management similar? How do they differ? A.The difference is that in financial management at a university we have to collaborate and agree to make a difference. As an attorney, most of the time, you are avoiding conflict or you’re sorting through conflict. Eventually, it gets to the point that you realize, “This isn’t going to work, so let’s take them to court.” At MSU, when you have frustrated employees, you collaborate, listen and engage as many people as possible.
Q. You have been extremely involved in the commu-nity, with board membership positions ranging from the Girl Scouts of Michigan to the Capital Area Transportation Authority, and the Delta Township Economic Development Commission. What guides your community involvement? A.About five or six years ago, I had an opportunity at another institution and I ended up turning it down. For me, I’m transitioning from a mindset of leading a life of success to a life of significance. I have a passion to share what I’ve learned and to mentor others. And so I look for a variety of community missions and purposes that allow me to do that.
Q. Describe yourself in three words. A.Motivated, competitive and fun. If there were a fourth descriptor, I’d say generous in caring for others.
do you ation? Q.for fun/recreWhat do A.I like to golf, and I love music and playing my piano. I have a Yamaha Clavanova, which makes me feel as if there’s a full orchestra behind me. I also love to travel. I have been to Australia, New Zealand, Japan and China. And an African Safari is next on my “bucket list.”
Q.Fondest C ooley memory? A.Walking across the graduation stage!
Any advice for new Cooley graduates? Q. A.Be mindful of your learning environment and your colleagues. Don’t run over people. I think too often at law school you’re on a mission. And you’re so focused on “it’s all about me.” It’s not all about you!
FEATUREARTICLE
FacultyBriefs Tammy Asher, Associate Professor Participated, on an Essay Writing Panel for students at Cooley’s Auburn Hills campus. Profiled, in theDetroit Legal News, on Sept. 29, 2010, in a profile entitled, “Peace Corps Prof,” by Sheila Pursglove. Gary Bauer, Professor Attended, the International Con-ference on Clinical Legal Education, Nov. 4-7, 2010, at the UCLA Conference Center in California.
Ron Bretz, Professor Spoke, on Constitutional Rights in Criminal Cases, at Peoples Law School, on Oct. 27, 2010. Lectured, a Criminal Law Update, to the Wayne County Criminal Ad-vocacy Program, on Nov. 19. 2010. Lectured, a Criminal Law Update, to the Macomb County Bar Association, on Dec. 6, 2010. James L. Carey, Associate Professor Testified, before the Michigan Senate Committee on Commerce and Tourism on Sept. 23, 2010 and the Michigan House Committee on Commerce on Nov. 10, 2010, regarding the amend-ments to Michigan’s Limited Liability Act. Prof. Carey was the principal draftsman for these amendments in his role as the official reporter for the Michigan State Bar Business Law Section LLC Act. The amendments have passed both houses and were expected to be signed by the governor in mid-December. Presented, a presentation entitled “Keys to Academic Success,” along with Federal Judge Richard F. Suhrheinrich, to the Cooley Ann Arbor campus on Oct. 19, 2010. Participated, as a panelist (with professors Daniel Ray and Gerald Fisher) at the Nov. 9, 2010 presentation regarding the legal and social issues surrounding the proposed “Ground Zero Mosque.” More than 100 students, faculty, staff and alumni attended this panel sponsored by the Cooley Muslim Society and the Cooley Republicans. Julie Clement, Associate Professor Awarded, Cooley’s Great Deeds Award for the Lansing campus, in 2009. Attended, Clarity 2010, the biennial conference of Clarity, the international organization for plain legal language. Attended, the Legal Writing Institute Biennial Con-ference in June 2010, in Marco Island, Fla. Presented, “Let Me Entertain You,” a presentation questioning whether increasing emphasis on keeping students entertained in the classroom is the best way to prepare them for the practice of law, at the Legal Writing Institute’s biennial conference in June 2010 on Marco Island, Fla. Moderated, “Writing and Rewriting the Law,” with panelists from Sweden, Finland, Hong Kong, and the United Kingdom, Oct. 2010, in Lisbon, Portugal. Elected, to the board of directors of PLAIN (Plain Language Association International), an international association promoting plain language. Elected, mayor pro-tem of the city of Portland, Mich. She has served on the city council since 2007. Invited, to judge, the Center for Plain Language’s Clearmark awards in April 2011 and attended the award ceremony in Washington, D.C. Served, as drafting consultant to the Sixth Circuit Advisory Committee on Rules, in its efforts to recom-mend restyling of the court’s local rules to plain English. Patrick Corbett, Professor Presented, “Internet Security for Your Community,” as a panelist at the Michigan Association of Counties Summer Conference, in Grand Rapids, Mich., Aug. 17, 2010. Presented, “The Clash Between Individual Rights and National Security in Border Crossings,” as a Constitution Day panelist, at Oakland University, in Rochester, Mich., on Sept. 17, 2010. Attended, the conference, Core Legal Issues in a High Tech Business World, presented by the State Bar of Michigan, Information Technology Law Section, in Plymouth, Mich., Sept. 22, 2010. Presented, “Child Pornography,” at the Washtenaw County Cyber Citizenship Coalition Kick-Off Breakfast, in Ann Arbor, Mich., Oct. 6, 2010. Attended, the 15th Annual Governor’s Task Force on Child Abuse and Neglect Summit: A Snapshot of Internet Child Exploitation, in Acme, Mich., Oct. 14-15, 2010. Patrick Corbett, Professor (continued)
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WLEDGE. SKILLS.|COOLEY KNO ETHICS. .EDU
FEATUREARTICLE
Attended, the Third Annual Sentencing and Reentry Institute and Criminal Justice Legal Educators Colloquium, American Bar Association, in Washington, D.C., Nov. 4-5, 2010. Presented, “Cyberbullying and Other High Tech Crimes Involving Michigan Teens,” to Michigan Youth in Government, in Lansing, Mich., Nov. 22, 2010. Presented, “Cyberbullying and Other High Tech Crimes Involving Michigan Teens,” at Gaylord Public Schools, in Gaylord, Mich., Dec. 2, 2010. Gerald A. Fisher, Professor Selected, as Contributing Editor of prospective book, Michigan Municipal Law, by the publisher: Institute of Continuing Legal Education. Authored, a white paper, “A Local Government View of the Michigan Medical Marihuana Act,” dated Oct. 5, 2010, requested by the Michigan Municipal League and Michigan Townships Associa-tion. Served, as lead counsel on behalf of Kasson Township, Mich., successfully reversing case law precedent involving zoning and gravel mining inKyser v. Kasson Township, 486 Mich. 514 (2010). Spoke, on the “Need for Clarity,” at the Michigan Medical Marihuana Workshop on July 13, 2010, in Ypsilanti, Mich. Spoke, on “Medical Marihuana,” at the Michigan Association of Planning Annual Convention on Oct. 21, 2010, in Detroit. Spoke, on “Medical Marihuana,” at a Genesee County Planning Commission Workshop, on Nov. 5, 2010, in Flint, Mich. Spoke, on “Land Use and Zoning Aspects of Ground Zero Mosque Debate,” at a Cooley Muslim Law Society Program, on Nov. 9, 2010, in Auburn Hills, Mich. Spoke, on the Michigan Medical Marijuana Act at the Progressive Legal Society Program, on Nov. 15, 2010, in Auburn Hills, Mich. Attended, the Michigan Supreme Court Historical Society Advocates Guild Dinner. Interviewed, on Michigan Public Radio, Ann Arbor and East Lansing, on Michigan Medical Marihuana Act. Began work, on the creation of a foundation to support Oakland County Parks and Recreation. Joseph Kimble, Professor Presented, a plenary address to 300 participants at the Éducaloi Conference in Montreal. Éducaloi is a nonprofit organization whose mis-sion is to inform Canadians of their rights and obligations by providing legal information in everyday language. Professor Kimble was also on a panel, in a talk-show format, for the closing session. Published, an article called “The Best Test of a New Lawyer’s Writing” in the December 2010 issue of theMichigan Bar Journal. Published, an article called “Please Vote on Two Versions of the Michigan Lawyer’s Oath” in the January 2011 issue of theMichigan Bar Journal. Agreed, to speak at the Eighth Biennial Conference of the Plain Language Association International, in Stockholm. Donna McKneelen, Assistant Professor Spoke, on “Wrongful Convictions and the Need for the ‘Wrongful Imprisonment Compensation Act’ in Michigan,” at St. Mark’s Parish in Warren, Mich., on Sept. 20, 2010. Joined, the State Bar of Michigan “Eyewitness Identi-fication Project” committee, in October 2010. Attended, the “Women and Innocence Conference” in Troy, Mich., on Nov. 5, 2010. Presented, testimony before the Michigan House of Representative's Judiciary Committee, on the need for compensation for wrongfully convicted exonerees in Michigan, on Nov. 10, 2010. Served, on the planning committee for the 2011 International Innocence Network Conference set for October 2011. Served, on the Michigan State Bar Task Force Project on Custodial Interrogations, which successfully passed through the Michigan House a bill to require the recording of custodial interrogations. The bill is pending in the Michigan Senate. Helen Mickens, Associate Dean and Professor Attended, the Louisiana State Bar Association’s “Multi-Topic CLE,” on Nov. 20-21, in New York City. Dean Mickens has been a member of the Louisiana Bar since 1985.
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TH
When talking with Richard Marsh(Chandler Class, 1983), you would almost surely believe that he is a scientist. The details of the genetic tests offered by Myriad Genetics, the $2 billion company for which Marsh serves as general counsel, simply roll off the tongue of the former accountant. He swears it’s all an act. “I can get by with about a Biology 101 knowledge level,” Marsh said jokingly. “If we get any deeper than that, I’d have to call in backup.” A growing industry Nearly 30 years after graduating from Cooley, Marsh finds himself as a leader in a growing industry commonly known as genetic or molecular diagnostic testing. Insiders also call it predictive medicine, personalized medicine, prognostic medicine or a combination thereof.
Regardless of the name, its potential impact on patients is noteworthy.
“I’m constantly astonished by what the scientific/ medical industry is able to do,” said Marsh.
Through tests offered by Utah-based Myriad, individuals who have a family history of certain types of cancer can be tested to see if their genetic makeup puts them at a high risk for getting cancer themselves.
“It is the future of medicine,” said Marsh. “Predictive medicine gives patients options, many of which save or extend lives.”
Cooley at the core As general counsel, Marsh leads an internal depart-ment of five attorneys, paralegals and support staff in addition to various outside counselors through an assortment of issues, many focused on intellectual property. He said his training at Cooley is at the core of his work.
“Cooley provided me with the underlying training and rigor that is needed for this position,” said Marsh. “Having a problem presented, identifying the root cause, implementing corrective actions and resolving questions – that is what we do and that analytical process, for me, comes from Cooley.
“It all translates into an ability to identify the problem and then work with the team to resolve the issue. Cooley provided me that core training, which I have found useful across various subject matters that come up.”
| | | BENCHMARKCOLUMN JANUARY 3 NUMBER 2011 VOLUME 1
RIMCHEAARDKMARESHCU(CHPANDLOERUCFLASSA, 198N3)LATTAORNREY
Making national headlines A core component of Marsh’s work recently has dealt with an ACLU lawsuit questioning the patents that Myriad holds in relation to certain genes – BRCA1 and BRCA2.
The BRCA1 and BRCA 2 genes were patented by Myriad in 1994 and 1995 after the company was able to identify these genes following extensive re-search and discovery efforts. Hereditary mutations in a person’s BRCA1 and BRCA 2 dramatically increase an individual’s risk for breast and ovarian cancer (up to an 82 percent lifetime risk for breast cancer and 52 percent lifetime risk for ovarian cancer).
A U.S. District Court judge in Manhattan invali-dated 15 claims of seven patents held by Myriad in 2010, possibly altering the industry in the future. The main question before the court is a company’s ability to patent a gene.
“Every recognized jurisdiction in the world has decided, yes, you can patent isolated DNA when what you’re doing is producing a valuable thing,” Marsh told NPR in November in an interview about the case.
Myriad has appealed the U.S. District Court ruling and many have speculated that the case will end up before the U.S. Supreme Court.
“We believe that the patent system works,” said Marsh. “In order to promote investment in research and development, there must be an incentive. Myriad spent hundreds of millions of dollars in identifying the BRCA genes, promoting and commercializing predic-tive testing, and educating the medical and insurance communities before earning back its investment. If that incentive is taken away, no one will invest the capital necessary for such discovery and commercial-ization efforts; and the unfortunate result will be the U.S. falling behind in biotechnology.
“We believe that the decision (by the U.S. District Court) was shortsighted and failed to follow the underlying Congressional intent to broadly construe the patent eligibility of discoveries and U.S. Supreme Court precedent,” Marsh said.
Myriad is determined to continue to fight the case, despite its lack of impact on its products.
“As to Myriad, the case is not going to have any material impact,” Marsh told NPR, noting that Myriad’s ® BRACAnalysis testing is protected by multiple other patents. “What we’re concerned about is, we’re part of the biotech industry, and we believe, as to the biotech industry, this will have a very, very significant impact.”
Position:Executive Vice President, General Counsel and Secretary Company:Myriad Genetics, Inc. Family:Married to Laurie, they have six children together: Richard, Jr. (28), Douglas (26), Dantzel (24), Allison (22), Stephanie (17) and Madison (15). Hobbies:Basketball, skiing (snow and water) and hiking
Drawn to innovation Before joining Myriad, Marsh served as general counsel, director of intellectual property and director of commercial affairs for Iomega, a company in an equally complex and fast-growing industry – computer technology.
At Iomega, Marsh oversaw legal matters for the ® company that invented the once-popular Zip drives, a removable storage disk that fell out of favor in the early 2000s as USB drives and flash media gained in popularity.
“For its time, the Zip drive and disk technology was an innovative, flexible media storage system,” said Marsh. “It satisfied a need, but, eventually, fell behind innovation.”
A diverse past Marsh began his career as an accountant, coming to Lansing, Mich., from his native Texas to work at Michigan National Bank. He was accepted to Cooley and continued working at Michigan National Bank while he attended law school.
“One of the benefits of Cooley was its flexibility to allow students to continue employment while com-pleting law school,” said Marsh. “It allowed me to augment my law school education with practical, real-world experience.” Marsh took 10 credits a semester, year-round to graduate in three years.
Marsh’s first child was born during his second year at Cooley. Many question how someone could work and attend law school at the same time, especially with a young child.
“Looking back, I actually had more than enough time,” said Marsh, now the father of six. “I can remember stealing away time to play basketball or golf with law school classmates. Now, it seems as if I have much less time.”
Make time for fun When Marsh isn’t tending to the needs of Myriad or his sizeable family, he can be found enjoying the Utah countryside where he makes his home.
“It is just a beautiful place to live,” said Marsh. “I see myself here forever. It has everything I want.”
Resolving A RCO UoN Dn TfHlEiWcOtR LsD
NANCY WONCH (KELLY CLASS, 1978), COOLEY PROFESSOR & GRADUATE
Hometown:Flint, Michigan Education: Eastern Michigan University; Thomas M. Cooley Law School, J.D.
Halfway around the world, Cooley professor and mediator Nancy Wonch spent the sum-mer learning more about her craft thanks to a 2010 Rotary World Peace Fellowship.
Wonch, who has volunteered her time since 1994 to teach peer mediation skills to more than 2,000 elementary, middle and high school students as well as law students, was selected by the Rotary Foundation of Rotary International as one of two Americans to participate in a three-month fellowship program this past summer in Bangkok, Thailand. Every year, Rotary International sends up to 1,000 professionals from around the world to study abroad in more than 60 countries through its fellowship program. Only 50 of those students are selected annually to participate in the program in Thailand.
Wonch spent a majority of her time on campus at Chulalongkorn University in Bangkok where she and other peace fellows analyzed conflicts from around the world and the efforts to resolve them. She also studied youth conflict resolution programs offered in other countries, including Thailand. The sessions provided the theoretical and academic substantiation for the skills Wonch teaches to her students.
A life-changing experience “The (fellowship) experience was life-changing,” said Wonch. “As someone who regularly teaches these skills, I was fortunate to be able to learn different approaches to conflict resolution. It was also interesting to find out that some of the same issues our country faces – like immigration and education funding – are shared throughout the world. We have much more in common with other countries than we realize.”
Current Community Engagement: Board President of Advent House Ministries; President of the Lansing Educational Advancement Foundation; Board member, Beekman Therapeutic Riding Program;
As part of her studies, Wonch participated in two field work trips. The group spent 10 days in Northern Thailand studying the conflict along the border between Thailand and Myanmar (Burma), including visiting a refugee camp. The camp, one of 13 in Thailand, houses hundreds of thousands of people who have fled the military dictatorship in Myanmar.
“Refugee camps are meant to be temporary, but the one we visited was more than 25 years old,” said Wonch. “The residents have no documents, no citizenship, and they risk death if they try to return to their homes. In fact, their homes probably do not exist any more.”
Myanmar has wiped out at least 3,000 villages along its border with Thailand, Wonch explained. Camp residents cannot work in the camps or leave the camps to work and they subsist com-pletely on donations from aid agencies and the largess of the Thai government. The camp does provide medical care and a school for the children. While the living conditions might be better, it is definitely safer for residents than in Myanmar.
Self-determination is completely absent for these refugees. Their only way out of the camp is to be accepted as immi-grants into a country like the United States and the chances of that are slim. Moreover, 60 percent of camp resi-dents say they just want to go home; they don’t want to emigrate. They generally don’t even try to do so in the futile hope that they will be able to return to their villages someday.
One of the many problems in the camp is domestic violence. On the positive side, most of the women have handi-craft skills, and the hope is that those skills, combined with efforts to encour-age small business development in the camp, will enable some families to sup-plement their incomes. But the men in the camp have no such skills. With nothing to do and access to alcohol, domestic violence occurs often. Wonch was able to meet with staff of the
Current Community Engagement: Hearing Panelist, State of Michigan Attorney Discipline Board; Chairperson, State Bar of Michigan District E Character and Fitness Committee
Karenni Women’s Organization (KWO), which is trying to decrease domesticviolence within the camp. TheKWO empowers the women through training and informal education courses includingreproductive health, adult literacy, conflict resolution, counseling, and legal issues.
“Despite the assistance that Thailand and other countries provide, this camp and the people in it are a tragedy,” said Wonch. “And this is only one of 13 camps along the border. It was heart-breaking to talk to the people there. Many have lived in the camp for more than 25 years.” And the future does not look much better, according to Wonch, as the situation along the bor-der is worsening.
Another significant problem in the area is human trafficking because refugees are so desperate to escape the camps. They are vulnerable and willing to accept almost any plan that might lead to free-dom. Women and children are especially at risk of becoming victims of sex traf-ficking or being sold as household or agricultural help. In Chiang Mai, the second largest city in Thailand, and the closest to the border, Wonch was able to talk to investigators, police officers, and prosecutors who work to stem the tide of human trafficking. Wonch also visited a sanctuary for trafficked women and girls who have been rescued and who are now being educated and taught skills to enable them to work in legiti-mate enterprises.
“It was really sad to hear their stories,” said Wonch. “We all know that human trafficking exists, but it is very painful to meet people who have suffered the ex-perience and hear about it firsthand.”
Cambodia The second field work experience was a 10-day trip to Cambodia, one of the poorest countries in the world. While there, Wonch studied the effects of the Pol Pot Regime, including visiting a Killing Field, Toul Seng Prison, inter-viewing prosecutors and investigators who are now arranging trials of some
of Pol Pot’s most highly placed officials, and visiting nonprofit and non-govern-ment agencies who work to rectify the ongoing effects of this horrific period in Cambodian history.
Visiting the Cambodian Handicraft Association for Landmine and Polio Disabled, Wonch sat with children who were victims of polio and landmines, toured their school and is working on a partnership to assist them in developing skills and education to overcome the stigma of their disabilities. Wonch also visited Angkor Wat, which is located in Siem Reap, the poorest province in Cambodia, where there is a sense of economic hopelessness and helplessness.
Giving back It’s not a surprise that Wonch’s trip was life-changing. She is hoping to take the skills and perspectives that she gained from the trip and pay it forward to the next generation.
“The trip allowed me to gain more academic skills but, most of all, it gave me a global perspective to pass on to my students.” said Wonch. “I also learned more hands-on classroom techniques that can help get students more inter-ested in issues and conflict resolution as well as why we ought to get involved.”
In the United States, we are isolated and insulated from the depth and ex-tent of the problems in the rest of the world, explained Wonch, adding, “We cannot afford to do that. Not only is there a moral imperative to try to make the world a better place, but there’s a self-interested one as well. We can’t just think and work locally. We have to consider how what hap-pens in the rest of the world affects us as well as them.”
As for her colleagues on the fellowship trip, Wonch said, “I will definitely be keeping in touch with all of the Rotary fellows. We are already planning a symposium in the Philippines next spring. We all want to continue this phenomenal experience.”
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Nelson P. Miller, Associate Dean and Professor Published, by Carolina Academic Press, the book “A Law Student’s Guide: Legal Education’s Knowledge, Skills, and Ethics Dimensions.” Published, by theMichigan Bar Journal, the article “Legal Education as a Pie-Maker: Why Michigan Benefits from Accessible Law Schools.” Appointed, to the Advisory Board of the Institute for Law Teaching and Learning. Marla Mitchell-Cichon, Professor Attended, a conference: Women and Innocence, November 3-5, in Troy, Mich. Testified, before the House Judiciary Committee on HB 4790, a bill to provide compensation for wrongfully convicted Michigan citizens. Martha Moore, Assistant Dean & Professor Reappointed, by the Michigan Supreme Court, as Vice Chairperson of the Attorney Grievance Commission. Served, as a panelist for a three-panel ABA webinar on the Ethical Pitfalls for the Solo Practitioner, with more than 600 lawyer participants nationwide. John Nussbaumer, Associate Dean and Professor Spoke, about access to law school issues at the third National People of Color Legal Scholarship Conference, at Seton Hall University School of Law, on Sept. 10, 2010. Presented, his forthcoming article, titled “The Door to Law School,” co-authored with Professor E. Christopher Johnson, Jr., at the University of Massa-chusetts Dartmouth School of Law Education and the Law Conference, on Oct. 15, 2010. Spoke, about misuse and over-reliance on LSAT scores as a criteria for law school admissions, at the Ronald H. Brown Center for Civil Rights at St. John’s University School of Law on Nov. 13, 2010. Organized, and participated in the Detroit Federal Bar Association’s Employment Law Clinic for self-rep-resented litigants, at the U.S. District Court for the Eastern District of Michigan, on Nov. 15, 2010. John Rooney, Professor Emeritus Commented, on economic justice at AMINTAPHIL’s biennial conference at the Rochester Institute of Technology Oct 21-23, 2010, in Rochester, N.Y. Serves, as a member of the Health Technology Committee of the Science and Technology Section of the American Bar Association. Marjorie Russell, Professor Presented, a Brown Bag lecture for the Oregon Criminal Defense Lawyers, on “Rethinking Voir Dire,” on Sept. 10, 2010. A link to the video, and two papers associated with the presentation can be found at: http://mpdtrainer.wordpress.com/ 2010/09/20/marjorie-russell-on-inclusive-voir-dire/ Assisted, along with students, 10 criminal defense lawyers and their clients with half-daypro bonocase development sessions, at the various Cooley cam-puses, throughout Michaelmas Term 2010. Taught, Action Methods Preparation for Direct Examination, at the Criminal Defense Attorneys of Michigan Annual Fall Conference, in Traverse City, Mich., on Nov. 11, 2010. Devin S. Schindler, Associate Professor Presented, “Compliance, ‘Obamacare’ and the Coming Tsunami” to the SW Michigan Health Information Management Association at its annual meeting on Nov. 12, 2010. Published, an article, “Between Transparency and Safety: Prior Restraints, FOIA and the Power of the Executive,” 38Hastings Constitutional Law Quarterly 1 (Fall 2010). (Lead article). Chris Shafer, Professor Spoke, to the Cooley Environmental Law Society on global warming and climate change in a presentation entitled: “Something’s Happening Here, What It Is Ain’t Exactly Clear,” on Oct. 28, 2010, in Lansing, Mich. Otto Stockmeyer, Emeritus Professor Published, an article, “Summon Your Inner Kingsfield,” in the Summer 2010 issue ofThe Scrivener, the quarterly newsletter of Scribes, the American Society of Legal Writers. Published, an article, “Calling All Scribes,” in the Fall 2010 issue ofLabor and Employment Lawnotes, published by the State Bar of Michigan Labor and Employment Law Section.
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| KNOWLEDGE. SKILLS. ETHICS. COOLEY.EDU
FEATUREARTICLE
Otto Stockmeyer, Emeritus Professor (continued) Published, an article, “An Open Letter to a Colleague Preparing to Teach Remedies,” in 12Thomas M. Cooley Journal of Practical & Clinical Law115 (2010). Presented, a talk, “Road Trip! A Look at the Places and Personalities Made Famous bySherwood v. Walker,” at the Ingham County Bar Association Luncheon Lecture Series, Oct. 27, 2010. Amy Timmer, Associate Dean and Professor Invited, to be one of 24 participants in a national “Summit on Mentoring in the Legal Profession,” in Atlanta, in Feb. 2011. William Wagner, Professor Accepted, for publication, “Understanding the Threat to Inalienable Rights in America,” in a forthcoming book published by LexisNexis. Accepted, for publication, “Vaccination Parental Consent – God, Government and the American Constitution,” in a forthcoming book published by Skyhorse Publishing. Authored, “Religious Laws/Governance and the American Constitution,” a white paper in 2010. Appointed, to the editorial board of The Western Australian Jurist, an international law journal published in Australia in 2010. Participated, in the making of a movie documentary titled: “The Child, The Battle for America’s Next Generation,” produced by Watchman Cinema in 2010. Presented, the law school commencement address at Oak Brook Law School 2010 Graduation Ceremony in Oklahoma. Presented, “The Freedom of Parents to Raise and Make Decisions in the Best Interest of their Children,” at the American Rally held in Grant Park in Chicago in 2010. Presented, “The Jurisprudential Battle over the Character of a Nation,” in Trinidad to citizens, clergy, and government officials of the nation, including the Office of the Prime Minister in 2010. Presented, “Building a Law Journal Legacy,” the keynote address at the Journal of Practical and Clinical Law annual banquet in 2010. Presented, “Constitutional Protection for Faith and Family under Attack by Nannies in Blue U.N. Berets … (and what you can do about it),” at the Metro Detroit Freedom Coalition in 2010. Presented, “Friendly Fire and the Christian Lawyer,” to the Christian Legal Society in 2010. Presented, “The Faith of a Lawyer,” at the Chapel Dialogue Program at Michigan State University in 2010. Presented, “The American Constitution,” to academic and community audiences at various institutions of higher learning in honor of Constitution Day in 2010. Presented, “Protecting Children by Preserving the Right of Parents to Direct and Control their Upbringing,” at Michigan’s Homeschool Day at the Capitol in 2010. Presented, “Parents, the U.N., and the American Constitution,” at a statewide convention of citizens and state government officials in Tennessee in 2010. Presented, “The Pending Threats to the Unalienable Right of Parents to Protect their Children,” at the INCH State Homeschool Conference in 2010. Interviewed, by state and national media outlets about a proposed bi-partisan amendment to the United States Constitution sponsored by members of the United States Congress in 2010. William Weiner, Associate Dean and Professor Presented, the annual Ingham County Bar Association constitutional law update, in two sessions in November. The annual “Phil & Bill Show” has now been a part of the Association’s Luncheon Lecture Series for 30 years. Derek S.Witte, Assistant Professor Bargained, for and prepared, lucrative contract extension for professional cyclist who participated in 2010 Tour de France, in Aug. 2010. Provided, expert commentary on local “Facebook Firing” for Grand Rapids WOOD TV 8 news broad-cast, Nov. 11 and 12, 2010. Published, an article, “Your Opponent Does Not Need a Friend Request to See Your Page: Social Networking Sites & E-Discovery,” in 41McGeorge Law Review4 (2010).
Position: Head Coach of the Norfolk (Va.) Admirals Education: Undergraduate studies, Hofstra University; Juris Doctorate, Thomas M. Cooley Law School Family: Married (Jessie) with twin daughters (Julia and Josephine, 2 years old) and one son (Jonathan, 8 months) Noteable Players: One NHL player (Nathan Gerbe, a center for the Buffalo Sabres) and four members of the 2007 NCAA Champion Michigan State Spartans (Jeff Lerg, Matt Schepke, Justin Johnson and Ryan Turek) have played for Cooper as amateurs.
Jon Cooper (Fellows Class, 1997)
It was a summer afternoon in 1 graduate Jon Cooper (Fellows approached by Michigan 55th D Thomas E. Brennan, Jr. (son of Co a seemingly simple question.
“Would you be interested in coac team this winter?” Brennan asked
en recent 997) was Court Judge ounder) with
son’s hockey
Cooper, a former club hockey player in college, had no idea that his response would change his life forever, ultimately resulting in his closing his legal practice to coach full time.
A little more than a decade (and five teams) later, Cooper is the head coach of the Norfolk (Va.) Admirals, the top minor league affiliate of the Tampa Bay Lightning. His boss is Steve Yzerman, the former Detroit Red Wings star who is now the Lightning’s general manager.
“It has been an amazing journey,” said Cooper. “I had no idea I would end up here.”
Cooper had immediate success as a coach. In his lone season coachingBrennan’s Lansing Catholic Center team, in Lansing, Mich.,he led the squad to its first regional hockey title in 25 years and won theLansing State Journal’sCoach of the Year award.
“I liked coaching immediately,” saidCooper. “During the next few years, I went from spending 60 to 70 hours on my law practice to spending that much time on hockey. The law practice wasstill my source of income, but my passion was hockey.”
From 2001 to 2010, Cooper would lead four amateur teams to six championships while winning three more Coach of the Year honors.
It seemed that wherever Cooper went, success would follow. His 2002 Metro Jets team won the USA Hockey Junior BNational Championship. His 2003 Honeybaked Midget squad was named the top AAA team in the country by U.S. Hockey News. His St. Louis Bandits Junior A Hockey Club, a team that he built from scratch in 2004, won championships in 2007 and 2008. More than70 players from his St. Louis teams received commitments from Division I colleges to play hockey. And his GreenBay Gamblers, a perennial bot-tomfeeder in a top amateur hockey league, won two regular season championships and one post-season championship in Cooper’s two seasons with the team.
Asked how success has followed him to numerous coaching stops, he referenced his schooling at Cooley.
“Cooley Law School taught me survival,” said Cooper. “No one who graduates from Cooley was given a silver spoon; they worked hard. I took lessons learned at Cooley and throughout my life, and I applied them to coaching.”
Survival and success are marriedtogether for Cooper through an ability to inspire young men to work harder, smarter and more as members of a team. Known by his players as a teacher, it also is his ability to connect verbally that sets him apart.
“He’s such a great motivator,” Michigan State University sophomore forward Anthony Hayes, a former player of Cooper’s, told theLansing State Journal. “Our players came to the rink every day ready to impress him. When Jon Cooper walks into a room, he has great presence.”
R E C O R D N U M B E R O F alumni C OA S TeTO CvOA SeT I Nn 2 0 1t0s
2010 was certainly a banner year for alumni events, coast to coast. Many events were co-hosted and sponsored by alumni, for whose support and participation we are grateful.
If you are interested in co-hosting an event in your area, please call Pamela Heos, Director of Alumni and Donor Relations at (517) 371-5140 x 2014 or email heosp@cooley.edu.
Watch Cooley’s alumni page at cooley.edu/alumnifor upcoming events!
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Cooper also attributes that presence to his time at Cooley.
“My education at Cooley gave me confidence in public speaking and anability to think on my feet,” said Cooper. “Those moot court and mock court competi-tions have brought out an ability that helps me daily.”
After a decade of leading amateur players, Cooper now finds himself in Norfolk, Virginia as the leader of men – players who are paid to play.
“Many things are the same, but some things are differ-ent,” said Cooper. “Player management is huge here. These guys are paid to play, but they also are at very different points in their lives. I look down one side of the bench and see 20-year-olds who are justfiguring things out, just out of college or juniors. Then I look the other way and see a 30-year-old veteran who has three kids. Juggling the personalities is a balancing act.”
So far, the balancing act is working out well. Cooper is having early success at Norfolk, with the team going 18-6-5-1 in its first 30 games.
Continued success would likely lead to speculation about Cooper’s future in the NHL. Almost everyone he sees already asks Cooper about the world’s top hockey league. Despite that fact, Cooper insists that he is totally focused on the present, the job at hand in Norfolk. No plan exists for the future.
“I don’t have a career plan; never have,” said Cooper. “I think you run the risk of paying such close attention to your goals that you let other potentially better opportunities pass you by.”
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