Our April 2016 issue features the stories of a small number of Arizona lawyers committed to access to justice through pro bono service.

Our April 2016 issue features the stories of a small number of Arizona lawyers committed to access to justice through pro bono service.

I fear I let a great April event fly by without properly acknowledging it—and the accomplishments of so many great attorneys.

The April issue of Arizona Attorney Magazine featured Access to Justice advocates—attorneys selected by the state’s VLPs (Volunteer Lawyers Programs) for their unstinting commitment to offering pro bono service.

The issue also allowed me to praise some law students from the University of Arizona for their accomplishments in a writing competition I was pleased to judge.

Here, I reprint my column and their photo. And be sure to read about all the A2J Advocates here.

Last month in this space, I wrote about courage and what it requires of us, in our choices and in our commitment to an accurate retelling of history.

Some of you have contacted me with feedback and insight about my words. If you haven’t, please feel free to read the column (http://ow.ly/Z1XfW) and send me your thoughts.

As I said there, it’s great when we can spot courage. But advocating for it and advancing it? That’s the role of leaders.

This month, we’re all about those courageous leaders. Our cover and story beginning on page 18 offer legal exemplars. In a month focused on access to justice, we raise a toast to lawyers who step into the breach to fill unfilled needs.

And in law school, leadership may be nurtured, as well.

As in years past, I’m privileged to report on some leaders-in-training, law students who prevailed in a rigorous writing competition at the University of Arizona James E. Rogers College of Law. Congratulations to: Jillian Andrews (2L), first place ($2,500 award); Max Bradley (1L), second place ($1,500); Julie Pack (1L), third place ($1,000); and Kayla Bernays (1L), honorable mention ($750).

Richard Grand UA Law School legal writing awards 2016-page0001

As a competition judge, I can tell you that their work was moving and compelling—exactly what I would have expected!

Though I’m always happy to serve as a judge, I have nothing to do with the annual event’s theme or approach, which is developed by talented law school faculty. And so I was delighted to see the selected topic this year—courage.

And that makes sense, as the competition is named for Arizona lawyer Richard Grand, who never shrank from a fight. As the school describes him:

Over the course of his five-decade-long career, Tucson attorney Richard Grand worked tirelessly to achieve justice for his clients. His clients were often ordinary people who had suffered extraordinary injuries. The opposing parties were often large corporations and powerful insurance companies. Mr. Grand never retired, and he handled cases up until the last day of his life. Mr. Grand valued competence, communication, and courage.

Richard died in 2013. He would have been 86 this year, and he was a zealous advocate when advocates were allowed to be zealous. He and his wonderful wife Marcia funded (and continue to fund and inspire) this writing endeavor.

Congratulations to those lawyers and law students, past and present, who aim to close the justice gap.

Arizona Justice Project logo

Some leadership news from the Arizona Justice Project:

Kathleen Brody is the new Executive Director of the Arizona Justice Project as of Jan. 4, 2016.

Kathleen Brody

The Phoenix law firm Osborn Maledon and the nonprofit Arizona Justice Project announced last week that Kathleen Brody, an Osborn Maledon partner, will serve as the executive director of the Project, effective Jan. 4, 2016. Brody also will continue her practice as part of Osborn Maledon’s Investigations and Criminal Defense group, where she focuses on criminal defense, government and internal investigations, and professional discipline proceedings.

The Arizona Justice Project’s current executive director, Katie Puzauskas, will continue to head the Post-Conviction Clinic at the Arizona State University College of Law. She will focus on some of the most difficult cases in the criminal-justice system.

The Arizona Justice Project, established in 1998, seeks to assure that Arizona’s prisons are not housing innocent individuals or those who have suffered manifest injustice through the criminal-justice system. In recent years, the Project has secured the release of 24 individuals, involving cases of wrongful conviction or manifest injustice. The Project has scores of cases under review or in post-conviction court proceedings.

For the last year, Brody has served as the president of the Arizona Attorneys for Criminal Justice (AACJ), a statewide not-for-profit organization of criminal-defense lawyers, law students and associated professionals dedicated to protecting the rights of the criminally accused and promoting excellence in the practice of criminal law. Brody’s work as president of AACJ has focused on increasing the organization’s visibility among legislators, other policy- and decision-makers, and the broader Arizona community. As executive director of the Arizona Justice Project, she will continue to work on community outreach and policy-reform efforts related to wrongful convictions and fairness in the criminal-justice process, in addition to overseeing all the work of the Project and ensuring its long-term sustainability.

Katie Puzauskas

Katie Puzauskas

“We are excited about the increased focus that having both Kathy and Katie working in these key roles will bring to the Arizona Justice Project,” said Larry Hammond, an Osborn Maledon partner and founder of the Arizona Justice Project. “As the Justice Project works to assure that individuals are treated fairly by the system, we also continue to identify many difficult systemic issues. Among those are increased life sentences for juvenile offenders and the lessening impact of the Arizona Clemency Board’s recommendations with Arizona governors.”

“It’s amazingly great timing that, as Katie wanted to spend more time working with cases, Kathy was eager to take on this new leadership role.”

Before joining Osborn Maledon in 2008, Brody clerked for Justice Andrew D. Hurwitz of the Arizona Supreme Court. She is a member of the Committee on the Rules of Professional Conduct of the State Bar of Arizona and has served as the web editor for the American Bar Association’s Litigation Section, Criminal Litigation Committee. She is also a member of the National Association of Criminal Defense Lawyers.

Brody also distinguished herself as a summa cum laude graduate of the University of Arizona James E. Rogers College of Law.

Osborn Maledon P.A. is a 50-attorney leading Arizona law firm that provides litigation, business, and general counsel solutions for its clients.  More information is available here.

http://www.omlaw.com/

Richard Fried

Richard Fried

“How A Plaintiff’s Lawyer Can Improve the Lives of Victims” is the subject of a public lecture tomorrow at the University of Arizona law school. Attorney Richard Fried will deliver the lecture, which is part of the school’s Civil Justice Initiative.

Here is more detail from the school:

“As part of our annual Civil Justice lecture series, University of Arizona Law welcomes Richard Fried for a community presentation on trial practice and plaintiff’s representation. He will be speaking on How A Plaintiff’s Lawyer Can Improve the Lives of Victims. Reception to follow.

When: Tuesday, Nov. 24, 2015, 5-6:30 p.m.

Where: University of Arizona James E. Rogers College of Law, Room 160, 1201 E. Speedway Blvd.

Who may attend: This event is free and open to the public.

Please RSVP here.

“L. Richard Fried, Jr. is one of the founding members of Cronin, Fried, Sekiya, Kekina & Fairbanks and has practiced law for over 40 years. Rick has a national reputation in the fields of medical malpractice—having obtained 50 verdicts and settlements in excess of $1 million—and aviation law. He served as President of the Hawaii Association for Justice (formerly the Consumer Lawyers of Hawaii) in 1984 and 2001, and was the recipient of their first trial lawyer of the year award in 1994.”

“He was appointed by the Chief Justice of the Hawaii State Supreme Court to serve on the Judicial Evaluation Committee for the State of Hawaii and the Chief Judge of the Hawaii Federal District Court to serve as a delegate to the federal district judges conference.”

“In July 2015, he was named as Chairman of the Hawaii Tourism Authority, where he has served on the Board of Directors since 2012. He has also served on the boards of local organizations such as the Honolulu Symphony, Hawaii Theatre, and the American Civil Liberties Union.”

“The Civil Justice Initiative aims to help Arizona Law elevate the American civil justice system and become the premier destination for educating trial lawyers. A hallmark of the CJI is the annual Civil Justice lecture series, showcasing leading advocates to the student body and the legal community. Past distinguished lecturers include Tom Girardi and Pat McGroder.”

University of Arizona Law School

The University of Arizona Law School will be the location of Arizona Supreme Court oral arguments on Thursday, Nov. 10, 2015.

Today, I share some news from the Arizona Supreme Court about its holding oral arguments in Tucson tomorrow, Tuesday, November 10, 2015:

“The justices have identified two cases to be presented, and attorneys representing each side will be given 20 minutes to present their arguments. After the second case, the justices will take questions from the audience, as long as those questions do not pertain to the case or cases they just heard.”

When: Tuesday, Nov. 10, 2015, 2-4 p.m. Guests must arrive no later than 1:10 p.m. in order to go through security screening.

Where: Ares Auditorium, Room 164, University of Arizona James E. Rogers College of Law, 1201 E. Speedway Blvd.

Who may attend: Seating is limited and available to those who have preregistered here. Members of the public are welcome on a first-come, first-served basis as remaining space allows. Note that food and beverages are not permitted past security.

Arizona_Supreme_Court_SealThe Court will hear appellate arguments in two cases (click the case name for more detail):

2-2:40 p.m.: State v. Joseph Javier Romero, CR-15-0039-PR (issue regards the Daubert standard for expert witnesses)

3-3:50 p.m.: Jackie Abbott et al. v Banner Health Network et al., CV-15-0013-PR (issue regards a patient class-action against Arizona hospitals in which patients claim hospitals engaged in “balance billing” in liens, precluded by federal law)

The Supreme Court oral arguments will be live-streamed/simulcast and archived for later viewing here. The Court’s Tucson visit is hosted by the William H. Rehnquist Center at the James E. Rogers College of Law.

Event questions may be directed to Bernadette Wilkinson, senior program coordinator, UA College of Law, bwilkins@email.arizona.edu, 520-626-1629.

Notable Supreme Court cases to be discussed at Rehnquist Center Constitution Day Program on September 21.

Notable Supreme Court cases to be discussed at Rehnquist Center Constitution Day Program on September 21.

Whenever I mention Constitution Day, some legal wag is bound to contact me to remind, “But Tim, every day is Constitution Day!”

To that I say, huzzah for your enthusiasm. But accuracy compels me to remind in return: Constitution Day falls in September every year, your eager patriotism notwithstanding.

For the truly eager (and patriotic), I recommend to you the Constitution Day program planned at the Rehnquist Center at the University of Arizona College of Law. It will be held next Monday, September 21, from 1:00 to 4:30 pm.

Registration (free!) is here.

Last year, I was able to attend in person. (No such luck this year.) Here’s my story from that compelling panel discussion.

As organizers describe next Monday’s event:

The panel discussion features legal experts who will review some of the major cases decided by the United States Supreme Court during the 2014 term.

Panelists include:

The moderator will once again be the law school’s Professor David Marcus.

Hosted by the William H. Rehnquist Center in the UA James E. Rogers College of Law, the event will feature a panel of legal experts reviewing notable cases decided by the United States Supreme Court during the 2014 Term.

What will they discuss? Here are some of the seminal decisions they’ll cover:

  • King v. Burwell, in which the Supreme Court upheld a provision of the Patient Protection and Affordable Care Act that offers tax credits to individuals who purchase health insurance through federal exchanges.
  • Horne v. Department of Agriculture, a takings case involving the Fifth Amendment and the government’s responsibility to pay just compensation when it takes personal property.
  • Obergefell v. Hodges, in which the court held that same-sex couples’ right to marry is guaranteed under the Fourteenth Amendment.
  • Arizona State Legislature v. Arizona Independent Redistricting Commission, in which the court found that Arizona voters have the right to transfer redistricting power from the state legislature to an independent commission.

As always, if you attend and take any photos or decide you’d like to write a brief summary of the highlights, I’d be happy to chart about a guest blog post. Write to me at arizona.attorney@azbar.org.

Tucson attorney Stephen Kimble outside the Supreme Court, which considered his legal battle with Marvel Entertainment over royalties to a toy he patented.

Tucson attorney Stephen Kimble outside the Supreme Court, which considered his legal battle with Marvel Entertainment over royalties to a toy he patented.

Who has not dreamed of being a spider person? Spider-Man, specifically.

If you have, then your dream may have included depressing your middle finger into your palm, and so projecting web material onto your nemesis.

Stephen Kimble sculpture award in May 2006 Arizona Attorney

Stephen Kimble sculpture award in May 2006 Arizona Attorney

Sound familiar? Then you may want to thank attorney Stephen Kimble.

On Wednesday, the UA Law School features Kimble, an alum, as it kicks off its series called “Contemporary Developments in Law.” Kimble is also a previous winner in the Arizona Attorney Creative Arts Competition.

Here’s why Kimble’s the first speaker:

“Mr. Kimble, a lawyer and artist, is the inventor of the toy that Marvel Entertainment, through Hasbro, marketed as the ‘Web Blaster.’ The toy ‘makes it possible for a player to act like a spider person by shooting webs from the palm of his or her hand.’”

Stephen Kimble Web-Blaster patent

Stephen Kimble Web-Blaster patent

The Web Blaster sounds pretty cool, right? Unfortunately, that wasn’t enough to sway the U.S. Supreme Court, where Kimble was a petitioner in Kimble v. Marvel Entertainment, 135 S. Ct. 2401 (2015).

“In Kimble, the Supreme Court declined an invitation to overturn a 1964 precedent, known as the Brulotte rule. Under the Brulotte rule, a patent royalty agreement cannot extend beyond the expiration date of the patent. The rule has significant implications in many industries, though its legal and economic premises were abandoned long ago. The Court decided to use Kimble as an opportunity to clarify its stare decisis jurisprudence. It held that a ‘superspecial justification’ may be needed to overrule statutory stare decisis and that wrong precedent does not offer such a justification.”

In other words, he did not prevail. You can read more about his case here and here.

For those who want more detail, here’s more case description:

“Marvel Entertainment used Kimble’s idea and successfully marketed it, through Hasbro, as the ‘Web Blaster’ (still available in stores). Mr. Kimble fought in courts against Marvel and won. Marvel was required to pay Kimble royalties: 3% on its sales of the Web Blaster.

“Under a 1964 precedent, known as the Brulotte rule, a patent royalty agreement cannot extend beyond the expiration date of the patent. Kimble and Marvel were unaware of the rule when they settled their original dispute. Later, Marvel sought to stop paying royalties using the Brulotte rule. Kimble challenged the rule. In Kimble v. Marvel Entertainment, the Supreme Court chose not to overturn the Brulotte rule. Instead, it issued an opinion about its commitment to statutory stare decisis.”

This pilot event is co-organized by the Arizona Law Review and with the Business Law Program, and will focus on Kimble v. Marvel Entertainment, 135 S. Ct. 2401 (2015). The petitioner, Stephen Kimble (UA Law ’83), will describe the events that led to the case and its implications.

  • What: Kimble v. Marvel Entertainment: A Conversation With Stephen Kimble
  • When: Wednesday, Sept. 9, 2015, 12:00-1:15 p.m.
  • Where: The University of Arizona, James E. Rogers College of Law at the Faculty Lounge. Lunch will be served.

RSVP to Nstanley@email.arizona.edu.

Meantime, you can still buy a Web-Blaster today. Not that it’ll do Stephen Kimble much good.

web-blaster spiderman Stephen Kimble

Former Senator Mark Udall will deliver a lecture at the UA Law School on March 10, 2015.

Former Senator Mark Udall will deliver a lecture at the UA Law School on March 10, 2015.

“It’s 2015: Why Are We Still Debating Torture?” is the provocative and timely title for former Sen. Mark Udall’s 2015 Marks Lecture, which he will deliver at the James E. Rogers College of Law in Tucson on Tuesday, March 10.

The event is free and open to the public, but you must register here.

Background provided by the law school illustrates why the ex-lawmaker is a good fit for this topic:

“Senator Udall, who served on the U.S. Senate Select Committee on Intelligence, led the bipartisan effort to rein in the NSA’s dragnet collection of Americans’ personal data. He also has been an unwavering advocate for strong, independent oversight of the CIA. He was one of the leading advocates for releasing the Senate Intelligence Committee’s study of the CIA’s detention and interrogation program.”

News stories on the former Senator’s willingness to demand accountability from entrenched and powerful agencies suggest his lecture will be candid and eye-opening. Read about Mark Udall here, here, and here.

The UA Law School information continues:

“Senator Udall is known for reaching across party lines to solve problems and for his willingness to work with people, including those with whom he has philosophical differences. He championed bipartisan legislation to balance the nation’s budget, protect our public lands and establish a strong national security policy. While in the Senate, he served on the Select Committee on Intelligence.”

Arizona UA Law School logoUdall is a Colorado resident, and he represented that state in the U.S. Senate from 2009 through 2014 and in the House from 1999 to 2008. He also served a term in the Colorado State Legislature from 1997 to 1999.

When: Tuesday, March 10, 2015, 5:30-6:30 pm

Where: James E. Rogers College of Law, 1201 E. Speedway Blvd., Room 164 (Ares Auditorium), Tucson, AZ 85721

Here’s a map:

 

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