UND Home : Office of the President : '04 President's Report
 Greetings from UND!
 Article 1
  The year in review
 Article 2
  Developing the new Strategic Plan
 Article 3
  Budgeting flexability improves faculty salaries
 Article 4
  Faculty lecture Series nutures collegiality
 Article 5
 Presidential Scholars are UND's best & brightest
 Article 6
 Senoir adminisrators take on fundraising roles
 Article 7
 Another record year for the UND  Foundation
 Article 8
  The North Dakota Law Review
 Article 9
  The School of Law welcomes a new dean
 Article 10
  Medical students find ROME rewarding
 Article 11
The EERC developes better energy technologies
 Article12
  UND will manage NASA's DC-8 research aircreaft
 Article 13
  Research activities yield economic benifits
 Article 14
  The Library and the "information universe"
 Article 15
  It's another great year for UND athletics
 Article 16
 Aerospace Camp brings national attention to UND
 Article 17
  Happenings on the campus & beyond
 Article 18
  North Cenral Association renews accreditation

 LAW


UND's law journal is a national ambassador for the School

 
Each October the North Dakota Supreme Court comes to Grand Forks for a special session in the Law School’s Baker Courtroom. Law students have the opportunity to hear oral arguments in cases brought to the Supreme Court and later to participate in moot court sessions before the justices.

 Being editor in chief of the North Dakota Law Review is a high honor indeed. Among the illustrious holders of that student position are some of the most successful legal minds in America. In North Dakota alone, their number includes high-profile alumni such as State Supreme Court Chief Justice Gerald VandeWalle (1957-58), Federal Magistrate Karen Klein (1976-77), and the notoriously tough UND law professor emeritus and torts expert, Larry Kraft (1963-64).

  The quarterly student-produced journal of the School of Law marked its 80th birthday with the fall 2004 issue. The publication contains articles written by legal professionals from across the country and student-written notes, articles, and case comments.

  “The Law Review is a prominent indicator to the outside world of the quality of the UND Law School,” said Dean Paul LeBel. “We are fortunate that so many talented students work so hard to make the Review such a positive statement about our school and our student body.

The Law Review is both a studentorganization (although second- and third-year students are invited to write for it, “membership” comes only when one has written an article of publishable quality) and an academic experience (the eight student board members earn two hours of credit each semester). As one would expect in a legal setting, the governance and operation of the Law Review and its relationship with the School are governed by a detailed constitution and excruciatingly detailed written policies. Professor Randy Lee is the faculty advisor.

  The editors are chosen competitively, vying for both the distinction and the hard work that lies ahead. The editor in chief commits to 385 hours of work during the summer and another 160 hours during each semester. All board members agree that “outside commitments, whether for credit or for pay, are permissible only to the extent that they do not interfere with an editor’s Law Review duties and responsibilities.”

  Editor in chief for 2004-2005 is third-year student Douglas Murch, who grew up on a farm near Hunter, N.D., and received his undergraduate degree in business from Valley City State University.

  Murch says the challenge of writing legal articles and having them published drew him first to write for the publication, and then to apply for the editorship. He is most proud of his forthcoming Review article, “Civil Rights – Employment Practices: Common Law Control Is the Best Test of ‘Employee’ in Employment Discrimination,” Clackamas Gastroenterology Associates, P.C. vs. Wells, 538 U.S. 440 (2003). “I’m fortunate to have had a great high school English teacher who demanded good grammar,” he said. He enjoys using his legal training in combination with his writing skills to examine how legal arguments are developed. He looks forward to the challenge of balancing classes with his responsibilities at the Law Review.


  In his free time, which is even more rare these days, Murch enjoys staying active and playing league sports. He has captained the “Malpractice Bowl,” the annual football game that pits law students against medical students. After graduation, he will spend a year clerking for the North Dakota Supreme Court. His eventual goal is to work for a law firm or private company in the business, commercial, or real estate fields.

  Whatever his future, Murch says he hopes his work will always involve writing, and that he and his wife Bethany, a Grandin, N.D., native, will find good jobs in North Dakota.

Articles published in the latest issue of the North Dakota Law Review (Volume 80, Number 2) include:

    “Chemically Dependent Employees and the ADA in the     Medical Profession: Does Patient Safety Exempt Hospital     Employees from Compliance Under the Direct Threat     and/or the Business Necessity Exemptions?”, by Jodi     Nelson Meyer

    “Banishment from Within and Without: Analyzing     Indigenous    Sentencing under International Rights     Standards,” by Colin Miller

Case comments published in the issue include:

    “Constitutional Law-Affirmative Action: The Supreme     Court Strikes Down the University of Michigan’s Admission     Policy but Finds Diversity To Be a Compelling Interest,”     Gratz v. Bollinger, 539 U.S. 244 (2003), by Daniel P.     Bakken

    “Constitutional Law-Civil Rights: The Supreme Court     Strikes Down Sodomy Statute by Creating New Liberties     and Invalidating Old Laws,” Lawrence v. Texas, 539 U.S.     558 (2003), by Ryan M. Bernstein

    “Mental Health-Crimes: The United States Supreme Court     Sets Guidelines for Forcibly Medicating Incompetent     Pre-Trial Detainees Solely for Prosecutorial Purposes,”     Sell v. United States, 539 U.S. 166 (2003), by Tiffany L.     Johnson


 
      
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