A ‘Reasonable Man’ Takes Up Teaching and the Environment
Associate Dean and Professor Dennis Hirsch
Dennis
Hirsch’s advice to students is straightforward, “The
key to happiness and success in the law is simple: Figure out what
your passion is and follow that passion because, when you’re
connected to your passion, your effort will be successful and you
will find your work to be more meaningful. There are many things
to get passionate about in the law; the law connects us to the real,
important issues of society. So, if you haven’t found something
in the law to be passionate about, you simply haven’t looked
hard enough.”
Hirsch speaks from experience. Early in his career he discovered
his passions: environmental law and teaching. Through hard work,
diligence and strong contributions to the law and academia, he has
been able to develop both into significant career paths.
Hirsch started his career in New York City working
on and developing social welfare policies. He went to law school
thinking that he would use his degree to pursue public management.
As a student at Yale Law School, Hirsch found he liked and appreciated
the way that the law handled social issues. He observed that the
law provided a “reasonable and analytical approach to resolving
contentious social policies;” that suited his temperament.
In fact, his nickname in law school became “The Reasonable
Man” because of his approach to issues.
In law school, Hirsch discovered his true passions: he enjoyed the
study of law and the area of environmental law. Although he practiced
environmental law and trial and appellate litigation for many years
at a law firm in Washington, D.C., Hirsch chose to return to academia
because, “I knew I wanted to be a law student for the rest
of my life and that meant returning to academia because while we
are teachers, we are also perpetual students. In law practice, the
client’s interests, by definition, become your interests.
As a professor of law, I have the luxury of studying that which
is of interest to me.”
Teaching
“I genuinely enjoy teaching. I do not see my role as imparting
great wisdom. It’s my responsibility to stimulate students
to think for themselves and to infuse that process with knowledge
and fun. That is the true attraction of being a professor.”
“The environmental field is fascinating because
it has been the center of a broad debate over how best to regulate
in order to achieve important societal goals. In my teaching and
writing, I try to evaluate the various regulatory strategies that
make up environmental law and explore their strengths and weaknesses.
This is important to law practice because a court’s interpretation
of a statute or regulation often turns on its understanding of what
Congress intended, or what the policy result will be. As I tell
my students, law and policy are connected. You have to understand
the underlying policy goals in order to make strong arguments about
the law. This is how I’ve structured my scholarly pursuits
and this is how I’ve structured my environmental law course:
Learn the regulatory approach and its strengths and weaknesses,
and then use that knowledge to make arguments about how to interpret
environmental laws.”
Scholarship
Hirsch came to Capital Law in 1998, after teaching at Drake University
School of Law and Notre Dame Law School. His present scholarship
thrust is inter-disciplinary. It explores whether current privacy
regulatory issues can learn from past environmental regulations
by establishing a parallel: “The industrial revolution created
environmental harms which environmental regulations were developed
to address. Now, I believe we’re in the midst of a second
industrial revolution—this time in terms of technology and
information, which are creating harms to personal privacy. These
harms are similar in structure to the environmental harms of yesterday.
If the analogy is real—and I believe it is—then we are
compelled to draw on the nearly 40 years of intellectual debate
on environmental laws to help us develop sound regulations that
will better protect privacy.”
Hirsch has a knack for infusing his publications and
teaching with current events. He has written a text book on environmental
law, published seven articles, two book chapters and a number of
op-ed and periodical pieces. He most recently wrote an op-ed piece
urging society to “get beyond the dichotomy between the economy
and the environment, because, frequently, what is good for one is
good for the other.” His op-ed points out that the loss of
wetlands around New Orleans destroyed one of the natural elements
known to slow hurricanes down—a poor environmental decision
that turned out to be a very poor economic decision.
In addition to his publications, Hirsch is a noted
speaker on environmental issues, having given nearly 30 presentations
across the nation.
At Capital
This year, Hirsch was given additional responsibilities when he
accepted the position of associate dean for faculty and student
development. He finds the position, “gives me the opportunity
to try to provide faculty with resources that will enable us to
get our scholarly ideas out to a larger society, and help us all
stay at the cutting edge of teaching. Capital has a talented, creative
and dedicated faculty; I hope to bring ideas to the table that will
help us fully realize the potential found here.”
On the student development side, Hirsch supervises
the law school’s academic support and bar services programs,
both of which are dedicated to student success. “In fact,”
Hirsch points out, “Capital is on the leading edge of this
type of effort as Capital is one of the very few that offers bar
studies as a for-credit class.”
Service
Hirsch stays connected to the legal profession through active membership
in the American Bar Association’s section of Environment,
Energy and Resources where he is currently vice chair and was immediate
past chairman of the Committee on Innovation, Management Systems
and Trading. Working with a senior attorney at the US EPA’s
Office of Reinvention, Hirsch proposed this new committee to this
Section to explore second-generation environmental policies. Under
his direction, this committee has grown in the last five years and
now has 130 members.
In 2004, Hirsch co-founded the Sustainability Round
Table of Central Ohio, a regional forum where industry representatives
and environmental groups meet to network and share best practices
and information regarding sustainable development.
Hirsch is of counsel at Porter, Wright, Morris & Arthur, a Columbus-based
law firm where he is working with the environmental group to build
the sustainability-oriented side of its law practice.
For fun
Hirsch is married with two children, Clara is eight and Alexander
is six. He enjoys jogging, and plays the acoustical guitar—folk
music is his specialty. One of his greatest joys is to play the
guitar to put his children to sleep at night.
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Education
Catapulted Alumnus to Corporate World
Freddie Johnson, L'93
Freddie
Johnson, L’93, is quick to point out that his success is the
result of many individuals’ efforts. “My parents—who
had stopped school at sixth grade—were determined to make
sure all of us got high school diplomas. One of my sisters was assigned
to make sure I got to school every day; there were some days she
literally dragged me to school.”
The youngest boy in a family of 13 children, Johnson
never looked for a lot of attention, but somehow he got the attention
he needed to succeed in life, “I was given a huge leg up because
I was one of the first children involved in the Mississippi Head
Start program; that was an important benefit for me and for my younger
sisters. It’s interesting to note that those of us who were
involved in Head Start all went on to graduate from college. The
others did not; I know that’s not an accident. When I graduated
from law school it was the highest degree I’d attained, but
graduating from the Head Start program was the most significant
degree I obtained.”
“My mother taught me key life lessons. She believed
in the value of hard work, and instilled in us a strong work ethic.
From an early age, she drilled in us that life isn’t always
fair; and all of us have to learn to cope with what we have. I started
in the cotton fields when I was 10, and I worked in the fields every
summer until I was a senior in high school.”
While in high school, Johnson had a part in a school
play where he portrayed a prosecuting attorney and he never lost
interest in the law after that. “I knew I wanted to go to
law school, but I also knew I had to plan an alternative route because
I would never be able to handle the finances required with the traditional
path.”
After graduating from Jackson State, with a degree
in political science, Johnson came to Columbus to attend graduate
school. He earned his master’s degree in public administration
from The Ohio State University.
At Capital
With his master’s degree under his belt, Johnson took his
first career position with the Ohio Department of Health. “Now
I was in a position to get back to the law. Because of my job, I
now had resources.” Things fell into place: “I researched
academic institutions to pursue a law degree. I needed to keep my
job, and some financial assistance was necessary to defray costs.
Capital met all my criteria; the program provided flexibility for
non-traditional students and I was fortunate enough to be chosen
for a scholarship. However, neither of those events would have persuaded
me to choose Capital if, during my due diligence, I hadn’t
heard good things about Capital Law graduates and their capabilities.”
Although he has many fond memories of his time at
the Law School, Johnson mused that his service as president of the
Black Law Student Association (BLSA) was one of the most rewarding
times of his law school career. “I’m very proud of the
collaboration that was built between BLSA and other student groups,
and what we achieved with that collaboration. I worked with the
president of the Student Bar Association and other associations,
such as the Hispanic Law Student Association and the Women’s
Law Student Association, to raise money and sponsor Dr. Benjamin
Hook — one of America’s foremost civil rights leaders
— as a featured speaker for our Black History Celebration.
I still look at our effort as an excellent example of what can be
done when a spirit of collaboration is nurtured. Together, we elevated
the awareness of minority law students’ challenges, and focused
awareness on African American culture within our society.”
Not that his entire experience was all smooth sailing
at Capital, “There was a time, six weeks into my first semester
of law school when a professor was calling on students. Most students
passed; when he got to me, I didn’t pass—but I should
have. I was asked, ‘Mr. Johnson, did you brief the case?’
The answer should have been no, but I prevaricated. This triggered
a 20 minute lecture—aimed at me but for the benefit of all—on
the importance of preparation for law school. I felt extraordinarily
inadequate. I made an appointment to see Professor Distlehorst the
next day. He was an inspiration; his words galvanized me to be prepared
and focused—a good lesson in law school and a good lesson
for life.”
“I believe Capital Law School prepared me extremely
well for the challenges and issues of being a lawyer and, more broadly
for lessons in life. It was not an easy school. Quite honestly,
it was especially not easy for African Americans. Having said that,
I know the entire experience was a good one because the classes
were extremely strong and I truly believe that, when faced with
adversity, a Capital Law School graduate can weather any storm.”
Career
Although not his initial focus, Johnson found that he resonated
to life in corporate America. “Through my job at the Ohio
Department of Health, I met a vice president at Nationwide who was
in the office of Health Planning and Development, a strategic planning
office designed to help facilitate Nationwide’s growth in
the health sector. I jumped at the position he offered; I could
use my legal training and my background in health care.”
“Within two years my group was going to be
disbanded because the company was going in another direction. I
received a reduction-in-force notice. I must say it was a whole
new experience. I was used to achieving success and always moving
forward. Now I had to regroup and rely on my reputation of being
an innovator, a hard worker and a contributor with a knack for statistics
and data analysis. I used my reputation as a calling card to be
exposed to all facets of the Nationwide organization. As a result,
I was given a variety of special projects, until a permanent position
was created and I became manager of Integrated Disability Management
Program.
Johnson left Nationwide for two years when he moved
to the position of vice president of finance and administration
for a smaller business, but he learned he preferred large corporations.
He was recruited back as an officer at Gates McDonald, this time
focusing on sales.
In addition to his corporate persona, Johnson stays
connected to the law by maintaining a part-time law practice focusing
on contracts and domestic issues. “I guess I’m known
as a person to come to with problems. I’ve been fortunate
and it’s important for me to pass along some of my good fortune.
I like using my knowledge of the law to help people. However, my
corporate responsibilities are also a priority; so, if something
takes too long, I do pass it along. My work is always charged on
a sliding scale and frequently pro bono. I’m pleased to say
I won my first jury trial just last year—a contracts case.”
Community Involvement
Although his time is limited, Johnson’s current community
involvement reflects his life. “People helped me every step
of the way. Now it’s my turn to help others.” To this
end, Johnson has been involved in the Head Start organization, serving
as a speaker and even chaperoning head start kids at Disney World.
“Head Start still opens doors for me, through my involvement;
I’ve met Hillary Clinton, Bryant Gumbel, Marian Wright Elderman
and Governor Taft.”
Connected to the Law School
Johnson remains active with Capital by serving as president of the
African American Law Alumni Association and serving on the Alumni
Association Board. In addition, he is very active in supporting
the David D. White and John Mercer Langston scholarship funds, “I
was a recipient of both those scholarships when I was in law school;
I felt the need to be supportive of the scholarships I received.
It’s very rewarding to me to pass along the experiences and
good fortune.”
For Fun
Between his corporate commitments and his part-time law practice,
Johnson’s free time is limited. However, he’s always
found the time to make music. When he was in college, he started
out as a music major and still had the time to have his own band.
Johnson plays the saxophone (alto and tenor), plays the piano and
is teaching himself to play the guitar. One of his favorite musical
accomplishments is rewriting existing songs, mostly gospel music.
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Former
U.S. Marine Corps Sergeant Turns Law Student:
Meet Erica Gartner, 3L
Third
year law student Erica Gartner has always liked a challenge. After
graduating from Walnut Hills, a Cincinnati, Ohio, high school, Erica
served on active-duty in the U.S. Marine Corps for six years. As
a radar air traffic controller, Erica managed a crew of 20 Marines
and analyzed the air traffic environment for conflicts, while making
split-second decisions to ensure the safety of Marine aviators.
One of the highlights of her Marine Corps career came when she was
selected to be a spokesperson for the grand opening of the Marine
Air Traffic Control School in Pensacola, Florida. While serving
on active-duty in the Marines, Erica attended college and graduated
cum laude from Park University in Beaufort, South Carolina, with
a bachelor of science degree in criminal justice.
After Erica left the Marine Corps, she worked at the
Cincinnati office of Dinsmore & Shohl LLP, as an attorney recruiter
and helped manage the firm’s summer associate program. She
was also responsible for coordinating various continuing legal education
programs and conducted conflict of interest background checks on
new hires.
For as long as she can remember, Erica wanted to be
a lawyer. “Lawyers are uniquely equipped to effect positive
change in our society. I was exposed to politics and the legal profession
at a very young age and I was always impressed by the influence
that lawyers can have in their communities.” She chose Capital
because of its government affairs concentration and its location
in the heart of state government.
An involved student, Erica is Lt. Governor of Legislative
and Governmental Advocacy for the American Bar Association’s
(ABA) 6th Circuit Law Student Division. She first became involved
with the ABA this past spring when she was appointed by SBA President
Gary Tober to serve as the ABA representative on the executive board.
“There are over 51,000 law student members in the American
Bar Association. Law Student Division representatives serve as liaisons
between our fellow students and the Division’s Chairwoman
and national delegates, who represent our issues before the ABA
President and governing board, and legislators in Washington DC,”
says Erica.
Last spring, Erica applied for a leadership position
within the organization and was selected to serve as a Lt. Governor
of Legislative and Governmental Advocacy. One of her major efforts
in this role is to educate law students, law school administrators
and state legislators in the circuit about Loan Repayment Assistance
Programs and legislative measures that would help reduce law school
graduates’ debt.
“The ABA is actively working to seek ways to
eliminate the debt burden of law graduates, particularly those who
enter public service. Of particular concern to the Law Student Division
is the reauthorization of the Higher Education Act and the development
of loan repayment assistance programs at the law school and state
levels. The ABA/LSD’s Sixth Circuit is one of the largest
circuits with 18 law schools and more than 4,000 members. My goal
is to draw on this strong membership base and lobby members of Congress
from the 6th Circuit to support our legislative priorities. Students
can learn more at: www.abanet.org/lsd/legislation/home.html.”
Erica encourages other students to get involved with
the ABA as it provides great leadership and networking opportunities.
Erica is also co-president of the Public Interest
and Government Law Association at CULS. In addition to bringing
in speakers to inspire students to consider careers in public interest
and government law, she is also working with a group of other student
leaders and the administration in creating a loan repayment assistance
program for students who enter public service. “One of my
missions this year is to raise money and develop programs that provide
students and graduates with the opportunity to serve the public
with their legal education. To do this, the Public Interest and
Government Law Association is planning to hold an auction in spring
2006 and our goal is $10,000. Other law schools have raised upwards
of $20,000 with similar events, so I am confident that with the
support of our wonderful students, faculty and alumni we can surpass
this goal and help fund students who want to serve the public using
their legal education.”
Erica participated in the First Year Moot Court competition
and is a staff member on the Capital University Law Review this
year. She encourages first year students to participate in the moot
court competition, “It’s a wonderful opportunity to
begin working on your oral advocacy skills. Both Moot Court and
Law Review are great ways to supplement your classroom education
and prepare yourself for the practice of law.”
Erica is also gaining a lot of good, practical legal
experience. During her first and second year of law school, she
clerked for Joseph E. Scott LPA, a small criminal defense firm.
She says, “It was a chance to gain “hands-on”
legal experience early in law school and to work with some very
interesting clients in the process.” Since last spring, she
has been working for the Tobacco Public Policy Center at Capital
which has allowed her to be more involved in public policy and advocacy
work. Two of her projects included researching and writing model
language for corporate smokefree policies and child custody agreements.
Recently she presented the Tobacco Center’s “Tobacco-free
Workplace Model Policy” at their first annual CLE conference,
“Towards a Model Ohio.”
Erica’s advice to first year students, “Find
a professional mentor. A mentor can provide invaluable information
that you won’t learn in the classroom which will help you
succeed in law school and beyond. There are several student organizations
such as BLSA, WLA and PI-Gov that provide mentors as a service to
their members – take advantage of this benefit! Practicing
attorneys and professors also can be great mentors and resources
to you.”
When she does have some spare time, Erica enjoys cooking,
traveling, skiing and practicing her golf game. Upon graduation
from law school, she is planning to move to Washington DC and work
in veterans law.
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