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CHASENORTHERN KENTUCK Y UNIVERSIT Y SALMON P. CHASE COLLEGE OF L AW SPRING / SUMMER 2017ALSOChase will Launch its 125th Anniversary Celebration with a Gala on October 7

CONTENTSIn this issue-------------------From the DeanOne innovation leads toan anniversary ----Cover StoryA new generation of Chase leadersis emerging in the profession110---------------------———Class of 2017 graduatesin May ceremonyNews from ChaseChase has the best barexam results, again2———Lawyer in documentarytalks with students2———Program to enroll highperformers expands3———Former dean is universityinterim president3———Jurist-in-Residencenominated to federalappeals courtIn Practice---------------------A graduate explainshow addiction affectsestate planningEducation21Children’s Law CenterClinic grows with thelaw center---------------------188———Music helps underscorekey legal doctrines16———Guest professorteaches about practiceof law17---------------------3Student Profile———Symposium exploreslaw and the Internet1L Tarah Rémy bringsmusical note to studies4---------------------20CHASE is published by Salmon P. Chase College of Law, through the Office of Communications in the Office of the Dean. Please send change of mailing address andalumni news to CHASE magazine, Salmon P. Chase College of Law, Northern KentuckyUniversity, 100 Nunn Drive, Highland Heights, KY 41099 or by email to brunj1@nku.edu.CHASE is edited by Kerry Klumpe, Chase director of communications,and designed by Paul Neff of Paul Neff Design.AlumniSixteen alumni areadmitted to the Bar ofthe Supreme Court ofthe United States5———Chase helps green-lightsuccess for alumnusMike Doyle22———125th anniversary galawill be October 723———Photos from thealumni experience———College receivesscholarship gifts26———Firms acceptChase Challenge27———CLASS ACTIONProfessionaland ltyA professor fightsfor rights of Holocaustsurvivors and heirs31———FACULTY NEWSPublications andpresentations3224Support the Chase Annual FundYour gift by mail or online at chaselaw.nku.eduunderwrites excellence

FROM THE DEANChase Leads Into the Future with aHistory of InnovationA 125TH ANNIVERSARY CELEBRATION WILL RECOGNIZEHOW ONE NEW IDEA HAS LED TO MANY OTHERSDespite being one of the nation’s historic law schools, theChase College of Law has long been an innovator. BeforeChase was founded in 1893, attending law school wasreserved for the privileged few who could afford the luxuryof a university education and a long apprenticeship with apracticing lawyer, often the retained family representative.Cincinnati lawyer Robert Ochiltree had a different idea.In 1893, Mr. Ochiltree founded the Night Law School, laterrenamed the Salmon P. Chase College of Law, with the goalof making legal education and a career as a lawyer accessible to working students, who could combine full-time dayemployments with part-time evening studies. Chase wasfounded as an innovation. Part-time legal education was atthat time an untested concept. Only two other schools hadattempted it, and for only a few years before Chase.Through its affiliation with the Cincinnati YMCA, andthrough perseverance and good fortune, Chase made thenew model work, quickly becoming the national model forpart-time legal education, a fact evidenced by the numerous law schools that copied Chase’s innovative scheduling.Soon after World War I, Chase extended its eveningprogram to four years, a standard the Ohio Supreme Courtand other state supreme courts proceeded to require for allevening law schools.“Chase was founded as an innovation.”Innovative thinking permeates Chase’s history. Chase wasamong the first to introduce and integrate expansive skillscurricula into required doctrinal subjects. This dynamicapproach, today termed “engaged learning” by educationexperts, blends the theoretical and the practical, and has longbeen the bedrock element that has consistently allowed Chaseto produce practice-ready graduates. Even today, as other lawschools try to catch up, Chase has moved forward, through ourinnovative W. Bruce Lunsford Academy for Law, Business Technology, introducing a new set of skills for the next generation. Chase students today can graduate with experience inquantitative methods and legal informatics, which means thatthey have added to their traditional legal education the abilityto read a balance sheet, understand financial statements, anddeploy competently the many advanced technological toolsthat permeate modern legal and business practices.Chase also has recently introduced new degree programs,re-configuring basic course offerings and sequences to createshorter routes to needed legal education. Indeed, Chase haseven, after almost one-hundred twenty-five years, moved toreposition our evening program, taking advantage of scheduling efficiencies and online components to allow our eveningstudents to complete their law degree in just two nights perweek, with a few half-Saturdays. Chase is an innovative, nimble,and responsive law school, just as Mr. Ochiltree envisioned it.As the 125th anniversary of the founding of Chaseapproaches, we will have many opportunities to celebrateour history of innovation, much as we point the way to ournext century. Our celebration will begin October 7 with the125th Anniversary Gala at the Underground RailroadFreedom Center, a landmark building near where Salmon P.Chase had his Cincinnati law office, and a place thatperfectly reflects on Chief Justice Chase’s historic commitment to the freedom of all Americans. Just a few blocksaway, the building where Chase College of Law first heldclasses has been replaced by a glass-and-steel office tower.But the innovation that began there in 1893 with seventeenstudents has been multiplied in the years that followedthrough the lives of thousands of lawyers, judges, businessexecutives, and other leaders. Please join me in celebratingthe one-hundred and twenty-five historic years of theSalmon P. Chase College of Law.Jeffrey A. StandenDEAN AND PROFESSOR OF LAW

BriefsChase Leads KentuckyLaw Schools on Bar ExamChase College of Law has the bestpassage rate among Kentucky lawschools on the winter 2017 Kentuckybar examination, continuing itsbest-in-the-commonwealth result onthe 2016 examination.Eighty-one percent of Chase graduateswho took the February examinationpassed, well above the commonwealthaverage of 71 percent. Chase also led thecommonwealth on the 2016 barexamination, when a combined 79.6percent of graduates passed theFebruary and July examinations.Graduates who took the 2016 and 2017examinations were among the firstsince Chase introduced its Foundationsprogram of bar examination preparation, but Class of 2017 graduates will bethe first to take an examination afterhaving the full Foundations programavailable. That includes a new graduation requirement to have passed two barexamination-style multiple-choice tests.“The bar examination is the ultimatetest of a law school,” Dean Jeffrey A.Standen said. “At NKU Chase, we arevery proud of the team effort thatproduces our success. But behind everystatistic is a student. Chase studentscome here because they have a workethic and commitment to achieve thatis second to none. They pass the bar forthe very same reason.”Chase has emphasized passing a barexam as the final test of law school thepast several years. The Foundationsprogram allows students to review andtest themselves on key legal doctrinesduring their final two years, andprovides coaching in areas in which astudent needs improvement.MEDIADocumentary Lawyer Offers Insight into FameEven a fleeting brush with notoriety can give Chase studentsan idea of what they might anticipate if they becomeinvolved in a high-profile criminal case.Jerry Buting, a Wisconsin defense lawyer who became astreaming video celebrity in the Netflix documentary“Making a Murderer,” visited Chase this past winter to talkwith students about his involvement in the case in theten-episode series released in late 2015. It recounted themurder trial and conviction of a Wisconsin man, StevenAvery, that occurred two years after he was released after 18years in prison on a wrongful conviction in an unrelatedsexual assault case. The murder trial gained notoriety whenhis lawyers suggested a possibly improperly protectedblood sample from the assault case could have been used toplant incriminating evidence in the murder case.“People like to ask, ‘Do you think he is innocent?’” Butingsaid. “I don’t want to answer, because that does not focus on2 C H A S E M A G A Z I NEthe issue of, did he geta fair trial?” Acknowledging the distinctionbetween “innocent”and “proven guilty,”Buting told students: “Ialways felt he was notguilty at the time.There were too manyunanswered questions,too many things thatdid not fit.”Jerry ButingProsecutors in the casehave criticized “Makinga Murderer” for displaying a defense bias, while others havepraised it for its presentation of legal issues recorded over aten-year period and for its production quality. “I hear it a lotfrom lawyers that this has done a lot for the image of lawyers,and the profession as a whole,” Buting said.

JUDICIARYADMINISTRATIONJurist-in-Residence Confirmedto U.S. Court of AppealsJudge ThaparUnited States District Court JudgeAmul Thapar, who is ChaseCollege of Law jurist-in-residenceand teaches a Supreme Courtseminar, has been confirmed bythe U.S. Senate to serve on theU.S. Court of Appeals for theSixth Circuit. The vote in lateMay was 52-44.President Trump nominated Judge Thapar in mid-Marchfor the seat on the Cincinnati-based appellate court forKentucky, Ohio, Michigan, and Tennessee that had beenvacant since Judge Boyce Martin retired in 2013.U.S. Senator Mitch McConnell, R-Kentucky, had a lotof praise for Judge Thapar, a judge in the Covingtondivisional office of the Eastern District of Kentucky,when he was nominated and when he was confirmed.“Throughout his already impressive career of publicservice, Amul has shown an incredible intellect and anunshakable dedication to the law,” Mr. McConnell said ina prepared statement when Judge Thapar was nominated.And later: “He will fairly apply the law to all who enterhis courtroom because, in Judge Thapar’s own words, ‘themost important attribute of a judge is to be open-mindedand not to prejudge a case without reading the briefs,researching the law, and hearing from the parties.’”Judge Thapar was nominated to the district court byPresident George W. Bush in 2007, and received hiscommission in 2008. He previously was U.S. Attorney forthe sixty-seven-county Eastern District of Kentucky andan Assistant U.S. Attorney in the Southern District ofOhio and in the District of Columbia.EDUCATIONMore High-AchieversCan Count Chasein the EquationThe numbers are addingup for the Chase Collegeof Law 3 3 AcceleratedLaw program for topstudents to enroll early forthree years of law schoolafter three years ofundergraduate college.The program that began in2015 for undergraduates atone university – NorthernKentucky University – addeda second institution in 2016– Thomas More College, inCrestview Hills, Kentucky –and a third this year – MountSt. Joseph University, inCincinnati. Similar programsat other law schools typicallyare limited to undergraduates at the university of whichthe law school is a part. TheChase program expands theGerry St. AmandFormer Dean Leads NKU DuringPresidential SearchChase professor and previous dean Gerry St. Amandis interim president of Northern Kentucky Universitywhile a search committee seeks a successor toPresident Geoffrey Mearns, who becomes president ofBall State University, in Indiana, this summer. Of thenineteen-member search committee, four are connected to Chase three alumni and a professor.Interim President St. Amand had been NKU vicepresident for development for about six years betweenhis tenure as Chase dean, from 1999 to 2006, and hisdecision to return to the faculty in 2013. He hadplanned to retire following the 2016-17 academic year.NKU Board of Regents Chair Rich Boehne wrote to NKUfaculty and staff that, “Gerry’s particular experiencewith our university, his familiarity with the strategies andculture that have come to define NKU, in addition to hisproven and diverse leadership skills, make him myrecommended candidate for this key position.”The search committee members with Chase affiliationsare alumni Martin Butler ’77, a shareholder in theCincinnati law firm of Strauss Troy; Dennis Repenning’79, in solo practice in Erlanger, Kentucky; Lee Scheben’91, executive vice president of Heritage Bank inNorthern Kentucky; and Professor David Singleton.pathway for morehigh-achieving students topursue a law degree.It is a pathway NKU undergraduate and Chase 1L JoshKemme is taking. “Learningand understanding the law,and how it operates andapplies to different facts andscenarios, is an enjoyable andstimulating experience,” hesays of his year of dual creditsthat apply to a law degreeand college graduation.To enter the program,undergraduates must haveenough credits toward abaccalaureate degree by theend of their junior year toallow first-year courses atChase to be counted aselectives to complete theirundergraduate degree andtoward a law degree. Studentsin the program receivebachelor’s degrees from theirundergraduate colleges aftersuccessfully completing theirfirst year at Chase.SP RING/ SUMME R 2 0 1 7 3

College of Law NewsInternet Symposium LinksWeb to PracticePANELISTS DOWNLOAD OUTLOOKS ON RULECHANGES, ENCRYPTION, PRIVACYTry these search terms: Chase, Internet, Law.ProfessorKenneth KatkinResult: The Chase Controversies and Issues in Internet LawSymposium. The early-March symposium explored suchtopics as whether service providers will have to keep users’data private, whether law enforcement can compel atechnology company to decrypt a smartphone, and whathappens to privacy when anyone can invade it online.The conference, presented by the Northern Kentucky LawReview and the W. Bruce Lunsford Academy for Law,Business Technology, brought together professors from sixlaw schools, including Chase, and three practicing lawyersfor presentations.Now narrow the search to: Chase Professor KennethKatkin and what happens to Internet rules when administrations change and the Federal Communications Commissiongets a new chair.The search result: In 2015, the Federal CommunicationsCommission adopted rules that prevent Internet carriers fromfavoring some lawful web traffic over others, and that forbidfees or promises of affiliation in exchange for allowing somecontent to move faster than others, Professor Katkin told thesymposium on the Northern Kentucky University campus.The principle is similar to that for telephone companies.“In the waning days of the Obama Administration, the FCCalso began to extend some additional principles of twentieth-century telecommunications regulation to the Internet,”says Professor Katkin, who spoke before President Trumpsigned legislation that voided a not-yet-implementedregulation that Internet service providers ask users forpermission to sell their data. “Under rules proposed in 2016,but never implemented, the Obama FCC sought to requirebroadband access providers to protect the privacy of userdata, to ensure access to broadband services by individualswith disabilities, to ensure competitive access to utility polesand other infrastructure needed by new entrants, and tosubsidize service for certain low-income or high-cost users.”With a change in presidential administrations, however, the2016 regulations are on hold. “The new FCC chairman, AjitPai, has long argued that the FCC should promulgate newregulations only in response to proven market failure,”Professor Katkin says. “Chairman Pai also believes that theFCC should adopt a regulation only if it determines that thebenefits of the regulation outweigh its costs.”4 C H A S E M A G A Z I NEIn mid-May, a 2-1 vote along party lines took the first stepstoward scrapping the 2015 rules on Internet traffic, oftenreferred to as net neutrality. Republican commissionersvoted to allow public comment through mid-August onwhether to end the standards.New search: Whether law enforcement can compeltechnology companies to provide decrypted access to devicesduring investigations, an issue with national visibility after theFBI sought to force Apple to unlock an iPhone linked to ashooter in a 2015 terrorist attack in San Bernardino, California.Result: Even though the FBI ultimately unlocked the phonewith help from a non-law enforcement third party, JohnSelent, a partner in Dinsmore & Shohl, and Kurt Hunt, ofcounsel with Dinsmore, said the issue is not going away. Thelaw enforcement and national security landscape haschanged dramatically, they said, citing continuation of globalterrorist attacks and the potential value of encrypted data tolaw enforcement.Final search: Privacy rights and publishing on the Internet.Result: A lawsuit filed by former professional wrestler HulkHogan against Gawker Media raised issues of celebrity,privacy, and outside influences that must be considered inanalyzing the risk of publishing, Monica Dias, a member ofFrost Brown Todd and a Chase graduate, told the symposium. Gawker’s defense was that Hogan had made his sexlife a public issue. A jury didn’t see it that way, she said, andawarded him more than 140 million in damages for invasionof privacy. The litigation, funded for Hogan by billionairetech investor Peter Thiel, forced Gawker into bankruptcy anda sale. It ultimately settled with Hogan for 31 million.

COLLEGE OF LAW NEWSAlumni Join Supreme Court of UnitedStates Bar in Alumni Association ProgramSixteen Chase alumni and an adjunct professor became members of the Bar of the Supreme Court ofthe United States in a biannual group admission ceremony arranged by the Chase Alumni Association.Standing with Dean Standen, far left, at the Supreme Court areDel Weldon ’08, Brad Andress ’13, George Fletcher ’87, Greg Hughes’77, Jay Langenbahn ’76, Bruce McGary ’90, Nathaniel Sizemore,adjunct professor, Jeff Fichner ’08, and John Dunn, Chase AlumniAssociation president who made the motion for admission.Seated, from left, Allan Gifford ’66, Angela Burns ’06,Ben Rogers ’81, Judge Marci Eaton’89, Chrissy Dutton ’05,Stacey Schultz ’11, Judge Patricia Summe ’79, andGabrielle Summe ’00. Karen Oakley ’96 was unable toattend and was admitted on written motion.What is it like to stand before justices of the Supreme Court and take the oath of admission?Some of the Chase alumni share their reflections on the experience on the following pages.SP RING/ SUMME R 2 0 1 7 5

Alumni Reflect on a Day to RememberFor Chase College of Law alumni, the biannual group admission tothe Bar of the Supreme Court of the United States that the ChaseAlumni Association arranges is a linkage of past and present.With the most recent admission in April, sixteen alumni and an adjunctprofessor are admitted to practice in the court where CincinnatiansSalmon P. Chase and William Howard Taft presided as Chief Justiceof the United States and Potter Stewart was an associate justice.Angela Burns“As I stood to takethe oath for the Barof the SupremeCourt of the UnitedStates, I wasexhilarated andhumbled. Exhilarated, because as a child to dream ofbecoming an attorney seemed to beimpossible. The impossible becamereality when I was graduated fromChase and passed the barexam. Humbled, because receiving theopportunity to be named in the bar ofthe highest court in the nation remindsme that the practice of law is not just apersonal achievement, but a call tocontinue serving others in a nation thatdeclares ‘liberty and justice for all.’”Chrissy Dutton“Sitting in front ofthe justices at theswearing-inceremony allowsone to reflect onthe important rolethat we, as lawyers,play in society to ensure justice for alland access to the legal system. I thoughtabout what a privilege it is to practicelaw, and, that a

Freedom Center, a landmark building near where Salmon P. Chase had his Cincinnati law office, and a place that perfectly reflects on Chief Justice Chase’s historic commit-ment to the freedom of all Americans. Just a few blocks away, the building where Chase College of Law first held classes has been replaced by a glass-and-steel office tower.

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