60 Years Later: The Alaska Constitution, History in Context — videos and symposium materials available online

"60 Years Later: The Alaska Constitution, History in Context" drew over 75 attendees on October 12 at the UAA/APU Consortium Library.

The symposium was co-sponsored by the UAA Justice Center and the Alaska Law Review in cooperation with the Historians Committee of the Alaska Bar Association. The program was approved for 4.5 CLE credits (including 1.5 Ethics credits) by the Alaska Bar Association. Prof. Ryan Fortson, J.D., Ph.D., is the Justice Center faculty coordinator for this event.

The topic of this year's symposium was selected in anticipation of the sixtieth anniversary of Alaska statehood. The Constitution of the State of Alaska was adopted by the Alaska Constitutional Convention February 5, 1956; ratified by the people of Alaska April 24, 1956; and became operative with the formal proclamation of Alaska statehood on January 3, 1959.

Erwin Chemerinsky,
Dean of Berkeley Law

Erwin Chemerinsky, Dean of Berkeley Law, was keynote speaker for the event. Symposium topics included the Alaska Judicial Council and the merit selection of judges, Alaska Native perspectives on Alaska's Constitution, a presentation on unpublished materials written by the late Judge Thomas B. Stewart — who served as secretary of the Alaska Constitutional Convention — about the movement for Alaska Statehood and the development of the Alaska Constitution, and a lunchtime conversation between retired Judge Sen K. Tan and Alaska Constitutional Convention delegate Vic Fischer.

The Alaska Law Review will be publishing an issue at a later date with articles prepared for the symposium. The Alaska Law Review is published by Duke University School of Law for the Alaska Bar Association. Meantime, symposium drafts of conference papers and videos of all sessions are available for download at the UAA Justice Center website.

Erwin Chereminksy, Dean, Berkeley Law delivers the keynote address at the Alaska Law Symposium "60 Years Later: The Alaska Constitution, History in Context," 12 Oct 2018.

Panel on "A Comparative Persepctive of the Alaska Constitution." Left to right: moderator Tom Metzloff of Duke University and presenters G. Alan Tarr, Rutgers University and Center for State Constitution Studies, and Robert F. Williams, Rutgers School of Lawz

Panel on "The Alaska Judicial Council and Merit Selection of Judges." Left to right: Judge Larry Card (ret.) and presenters Susie Mason Dosik, administrative attorney for the Alaska Judicial Council, and Brett Frazer of Latham & Watkins.

Prof. Ryan Fortson, UAA Justice Center (right) introduces "A Native Perspective of Alaska's Constitution" panelists (seated left to right): Andy Erickson of Landye Bennett Blumstein LLP, John "Sky" Starkey of Landye Bennett Blumstein LLP, and Willie Hensley, University of Alaska Anchorage.

Judge Sen K. Tan (ret.) and Alaska Constitutional Convention delegate Vic Fischer.

Justice Center co-sponsors Oct 12 symposium on the Alaska Constitution

In anticipation of the sixtieth anniversary of Alaska statehood, "60 Years Later: The Alaska Constitution, History in Context" will be presented Friday, October 12 at the UAA/APU Consortium Library. The symposium is co-sponsored by the UAA Justice Center and the Alaska Law Review in cooperation with the Historians Committee of the Alaska Bar Association. Admission is free, and lunch will be provided.

Date: Friday, October 12
Time: 8:30 - 1:15 p.m.
Place: UAA/APU Consortium Library, LIB 307
Parking: Free parking on Fridays.

This symposium is geared for lawyers, members of the judiciary, representatives of Alaska Native organizations, state government officials, UAA students, faculty, and staff, and members of the public. The Alaska Law Review will be publishing an issue at a later date with articles prepared for this symposium.

This program has been approved for 4.5 CLE credits (including 1.5 Ethics credits) by the Alaska Bar Association.

Program

Keynote Address

• Erwin Chemerinsky, Dean, Berkeley Law

“A Comparative Perspective of the Alaska Constitution”

• Professor G. Alan Tarr, Rutgers University; Center for State Constitution Studies
• Professor Robert Williams, Rutgers School of Law; Center for State Constitution Studies

“The Alaska Judicial Council and Merit Selection of Judges”

• Susie Mason Dosik, Administrative Attorney, Alaska Judicial Council
• Brett Frazer, Latham & Watkins

“A Native Perspective of Alaska’s Constitution”

• John “Sky” Starkey, Landye Bennett Blumstein LLP
• Willie Hensley, University of Alaska Anchorage

Lunch Presentation

• Mike Schwaiger, Alaska Bar Association, Historians Committee

Lunch Conversation

•  Vic Fischer, Member of the Alaska Constitutional Convention & Hon. Sen Tan, Alaska Superior Court, ret.

Prof. Ryan Fortson, J.D., Ph.D., is the Justice Center faculty coordinator for this event. Questions? Call 907-786-1810 or email uaa.justice@alaska.edu.

Fortson & Payne article shows importance of legal representation for both parents in custody proceedings

Dr. Ryan Fortson and Dr. Troy C. Payne's article, "Lawyering Up: The Effects of Legal Counsel on Outcomes of Custody Determinations," published in the Winter 2018 edition of the UC Davis Journal of Juvenile Law & Policy, is currently available through Westlaw or Lexis at 22 U.C. Davis J. Juv. L. & Pol'y 1.

Prof. Ryan Fortson

Prof. Troy C. Payne

Fortson and Payne, Justice Center faculty, provide an empirical approach for determining whether being represented by an attorney increases the likelihood of success in obtaining one’s desired outcome as expressed in the parent's initial custody request. Many existing studies look at final outcomes in relation to the legal representation status of an individual parent, ignoring the issue of whether the parent achieved his or her initial custody request, as well as the effect of the representation status of the other parent. After controlling for initial custody request and the legal representation status of both parents, Fortson and Payne find that having an attorney can increase the chances of a parent achieving his or her desired custody outcome, but only if that parent is represented and the other parent is not represented. These results can have a substantial impact on those advocating for the increased availability of free or low-cost legal services in child custody proceedings.

A link to the Winter 2018 edition of the UC Davis Journal of Juvenile Law & Policy will be posted when available.

Maude Blair, Southcentral Foundation legal counsel, speaks with Prof. Fortson's students

Maude Blair, legal counsel
Southcentral Foundation

On April 17, Maude Blair, legal counsel with the Southcentral Foundation, spoke to Prof. Ryan Fortson’s Tribal Courts and Alaska Native Rights (JUST/LEGL485) course about Alaska Native governmental organizations. In addition to her current work, Ms. Blair is a past Vice President of the Alaska Federation of Natives and has been legal counsel to the NANA Development Corp. Ms. Blair is originally from Kiana.

Prof. Fortson organizes High School Mock Trial Competition

Prof. Ryan Fortson

The 2018 Alaska High School Mock Trial Competition, organized by Prof. Ryan Fortson, Justice Center faculty, in conjunction with the Young Lawyers Section of the Anchorage Bar Association, was held on April 6-7 in the Boney Courthouse in Anchorage. Seven teams of six to nine students each from around Alaska competed in multiple rounds of simulated trials. Students played the roles of both attorneys and witnesses and were evaluated by panels of local attorneys. In the final round — held in the Alaska Supreme Courtroom before Justice Joel Bolger, Judge David Mannheimer, and Judge Kevin Saxby — a team from Sitka High School prevailed over a team from West Anchorage High School. Prof. Fortson is a member and past president of the Board of Directors of the Anchorage Bar Association. If you are interested in forming or coaching a mock trial team next year, please contact him at hrfortson@alaska.edu.

Students inducted into National Criminal Justice Honor Society

(left to right:) Alexis Williams; Jennifer Menjivar; Mackenzie Gilpin; Laura Eagle; Liza Then; Bethany Jenner;
Dr. Ryan Fortson; Kara Stewart; Benjamin Schmidt. Not picture: Sevy Sheppard and Luke Simonson.

Prof. Ryan Fortson, Justice faculty presided over the induction of students into Alpha Phi Sigma, the National Criminal Justice Honor Society on April 3. Congratulations to new members:Alexis Williams (Justice major); Jennifer Menjivar (Legal Studies major); Mackenzie Gilpin (Legal Studies major); Laura Eagle (Legal Studies major); Liza Then (Legal Studies major); Bethany Jenner (Legal Studies major); Kara Stewart (Legal Studies major); Benjamin Schmidt (Justice major); Sevy Sheppard (Justice major); and Luke Simonson (Justice major).

Alpha Phi Sigma recognizes academic excellence of undergraduate and graduate students of criminal justice as well as juris doctorate students. Alpha Phi Sigma is the only Criminal Justice Honor Society which is a certified member of the Association of College Honor Societies and affiliated with the Academy of Criminal Justice Sciences.

Ret. Judge Sen Tan listens to students argue appellate briefs

Retired Superior Court Judge Sen Tan (at center with black jacket) listened to oral arguments in Prof. Ryan Fortson's Legal Studies Senior Seminar (LEGL 489) on Monday, April 2. Students drafted appellate briefs in the case of State of Alaska v. Alaska Democratic Party (an actual case argued the week prior) and Alaska Republican Party v. State of Alaska (a fictional corollary case). Each student was assigned a single point on appeal to brief and argued this point in front of Judge Tan.

Justice Bolger hears student motions in Advanced Litigation class

(L-R) Mark Turberville, David Forthoffer, Jennifer Menjivar, Mackenzie Gilpin,
 Justice Joel Bolger, JoAnna Delasse, Joseph Morris, Kaleb Gibertoni,
Prof. Ryan Fortson, Laura Eagle, Kisung Kang

Alaska Supreme Court Justice Joel Bolger listened to oral arguments by students, provided feedback, and made rulings on the motions during Prof. Ryan Fortson's Trial and Advanced Litigation Processes Class (LEGL 487) on March 1. Students drafted legal memoranda on motions from four fictional scenarios and defended their positions before Justice Bolger. Justice Bolger's participation in the class helped students better understand how judges might react to their work.

Fortson provides legislative immunity background regarding Fansler allegations

Prof. Ryan Fortson

Prof. Ryan Fortson, Justice faculty, explained to KTVA reporter Liz Raines that Alaska legislators have immunity from prosecution for actions related to their legislative duties. For instance, he said, they have immunity from defamation for statements they may make during the legislative session.  But this immunity probably would not extend to actions such as those alleged against Rep. Zach Fansler,  Fortson added. Fansler has been accused of assaulting a woman in Juneau.

No Signs of Rep. Zach Fansler in the Capital, Jan. 30, 2018, KTVA CBS 11 news

Congratulations to 2017 grads!

L-R: Troy Payne, Deb Periman, Allan Barnes,
Sharon Chamard, Brad Myrstol, and Ron Everett.
Not pictured: Kristin Knudsen and Ryan Fortson

Sharon Chamard, UAA Faculty Senate President and Justice faculty, spoke at UAA commencement on Sunday and encouraged graduates to "to lift up those around you, to contribute to the betterment of the world, or just your tiny corner of it.  Do what you can to ensure that others coming behind you have the same or even better opportunities than you have had."

Read the full text of Chamard's inspiring speech below:

As President of the Faculty Senate, and on behalf of the faculty, it is my honor and privilege to congratulate all of you graduates for your success and accomplishments.

Whether this is part of your life plan hatched as a toddler and you fully expected to be sitting here today, or you are looking around in amazement, wondering how you pulled off this tremendous feat of completing a university degree, you are all now members of an elite group—those who have had the good fortune of living in a time and place that provides broad opportunities for higher education.
 
Indeed, you are part of the most educated generation in the history of the world. Did you know, for example that in 1960, shortly after Alaska became a state, only 10% of Alaskan adults had a Bachelor’s degree? That percentage has increased every year, and now we’re close to 30%. Globally, right now fewer than 10% of adults have a college degree.

With this good fortune and privilege comes a responsibility, to lift up those around you, to contribute to the betterment of the world, or just your tiny corner of it.  Do what you can to ensure that others coming behind you have the same or even better opportunities than you have had.
 
Right now, despite the festivities of the day, you may be worried about your own future, about getting a good job, and about paying back your student loans. But I guarantee you, you have what it takes to not only continue to succeed in your own life, but to help others around you succeed.  It takes persistence and commitment to get where you are today, and you can model that behavior to your siblings, your children, your coworkers, your friends, and the people in your community.

For faculty, seeing you all turn the page to your next amazing story is tremendously gratifying. We hope you will look back on this chapter of the book of your life with fondness, appreciation, and a sense of accomplishment.
 
Now, I ask my faculty colleagues to join me in recognizing you for your success and thanking you for sharing a part of your valuable life with us.
 

Judge Mannheimer listens to oral arguments in Prof. Fortson's Advanced Litigation class

L-R standing: Max Delzer, Kara Stewart, Prof. Ryan Fortson,
Court of Appeals Judge David Mannheimer, Sabine Kraft, Kris Young, Joseph Mitzel
L-R kneeling: Colleen Abad, Jenny McCord

Judge David Mannheimer, Chief Judge of the Alaska Court of Appeals, listened to final oral arguments of students in Prof. Ryan Fortson's Advanced Trial and Litigation Processes class, (Legal 47), on Wednesday, Dec. 13. As part of their final project for class, students prepared memos opposing or in support of one of five different fictional scenarios developed by Prof. Fortson. Prof. Fortson invited Judge Mannheimer to give students the experience of presenting oral arguments on their memos in front of a sitting judge. Wednesday's oral arguments serve as the final exam for the class.

Justice faculty at Campus Kickoff

Dr. Brad Myrstol, Dr. Troy Payne, Prof. Deborah Periman, Dr. Ryan Fortson, and Prof. Kristin Knudsen welcomed students and answered questions about Justice programs at the 2017 Campus Kickoff.

To learn more about the programs, degrees and research at UAA's Justice Center see the UAA Justice Center website. Follow us on Facebook and at the Justice Center blog.

Fortson, Knudsen and Payne receive tenure recognition

Dr. Troy Payne

Prof. Ryan Fortson

Prof. Kristin Knudsen

Justice Center faculty Ryan Fortson, Kristin Knudsen and Troy Payne received recognition for receiving tenure from Interim UAA Provost Duane Hrncir at the College of Health All-College meeting on Thursday, August 17. The three Justice faculty, who were all promoted to Associate Professor, were the most faculty from one department in the College of Health to be awarded tenure this year. Prof. Fortson and Prof. Knudsen teach in the Justice Center's Legal Studies program. Prof. Knudsen is Legal Studies Coordinator. Dr. Payne, teaches Justice courses and is the Undergraduate Justice Coordinator. All three were granted tenure in May 2017 by then Provost, now Interim Chancellor, Sam Gingerich.

Legal Studies faculty serve on Alaska Bar committees

Professors Jason Brandeis, Ryan Fortson, and Deb Periman, Legal Studies faculty, have been reappointed to serve on the Alaska Bar Association's Law Related Education (LRE) Committee. The committee is responsible for presenting programs and producing publications to promote public understanding of the law and legal system. Professors Fortson and Periman are actively involved in LRE's Youth Law Guide subcommittee. Prof. Brandeis has also been reappointed to the Alaska Bar Rag Committee. Brandeis is a frequent contributor to the Bar Rag, a quarterly newspaper edited and written by attorneys, for attorneys in Alaska.

Prof. Ryan Fortson presents at AYC summer leadership program

Prof. Ryan Fortson

Prof. Ryan Fortson, Justice faculty, discussed Alaska Native Rights and Tribal Courts with students participating in the Anchorage Youth Court's Summer Law & Leadership Program this week.

The program, which runs from July 10 to August 4, provides youths entering 9th grade with daily sessions on freedom of speech, criminal justice rights, alternative dispute resolution, mock trials, and field trips to courts, Anchorage Police Department and the Alaska State Crime Lab.

The goal of the program is to provide students with skills that will help them better advocate for themselves and others and be a force for the change they want to see in the world.

Dr. Fortson comments on two bills introduced in the Alaska House of Representatives

An Alaska House bill to criminalize abortion would be unconstitutional under both the Alaska and U.S. constitutions, Dr. Ryan Forston told the Alaska Dispatch News recently. House Bill 250 , introduced by Rep. David Eastman (R-Wasilla), would revoke the right of women to obtain abortions under Alaska's constitutional right to privacy. "The intent of the bill seems to be to legislatively outlaw abortion," Dr. Fortson said. "And that is not only a violation of the Alaska Constitution — it would also be against the U.S. Constitution, at least as it's currently interpreted.... The courts won't allow the Legislature to define how a constitutional provision is being interpreted — that's the job of the courts."

House Bill 251, also introduced by Rep. Eastman, would authorize the Alaska Legislature to impeach judges for "exercising legislative power" without judicial review. The Legislature has the power under the Alaska Constitution to impeach judges, according to Dr. Fortson, but "where the limits of that power are is unclear," he said. "If this were passed and the Legislature were to try to exercise it, it's hard to say exactly how it would play out."

According to the article, neither measure is likely to pass.

Read the story:

• "Wasilla Lawmaker's Bill Would Criminalize Abortion"  by Nathaniel Herz.  Alaska Dispatch News, 16 May 2017.

Academic journal accepts "innovative legal scholarship" from Justice faculty

Dr.Ryan Fortson and Dr. Troy Payne's article, "Lawyering Up: The Effects of Legal Counsel on Outcomes of Custody Determinations," has been accepted for publication in the Winter 2018 issue of the UC Davis Journal of Juvenile Law & Policy (JJLP). The article looks at the impact of legal representation on the type of custody awarded in a two-year sample of cases from the Palmer Superior Court. Referring to the Justice faculty authors' work as "innovative legal scholarship," JJLP editors added that they were equally impressed with the authors' experience and credentials. The JJLP is a nationally recognized journal that regularly consults with and publishes the work of excellent scholars, community advocates and practitioners.

U.S. District Judge Sharon Gleason provides feedback to students

Prof. Ryan Fortson and U.S. District Judge Sharon Gleason
(Photo by Prof. Kirstin Knudsen)

U.S. District Judge Sharon Gleason, the first female federal judge for the District of Alaska, listened to oral arguments by students in Prof. Ryan Fortson's Trial and Advanced Litigation Processes (LEGL A487) final exam on Friday, May 5. The students had drafted a legal memorandum of law and proposed order - similar to a pleading which would be filed in court – on a hypothetical motion before the court and defended their briefing to Judge Gleason, who provided feedback.

Justice faculty celebrate 2017 graduates

Justice faculty L-R: Dr. Brad Myrstol, Prof. Deborah Periman, Dr. Ron Everett, Dr. Marny Rivera, Dr. Cory Lepage,
 Dr. Allan Barnes, Prof. Kristin Knudsen, Dr. Andre Rosay, and Dr. Sharon Chamard. Not pictured: Prof. Ryan Fortson,
 who was performing on the French horn in the pit orchestra during UAA's Commencement. Sunday, May 7.

Congratulations 2017 graduates! Best wishes on your future success!

Students inducted into National Criminal Justice Honor Society

Prof. Ryan Fortston (middle) with Alpha Phi Sigma inductees L-R:
 Jenna Mixon, Josephine Davis,  Shiela Morrison,
and Jared Dee at event earlier this month.

Prof. Ryan Fortson, Justice faculty presided over the induction of students into  Alpha Phi Sigma, the National Criminal Justice Honor Society. Congratulations to new members: Josephine Davis (Justice major, Legal Studies minor); Jared Dee (Justice major); Hideki Kimura (Justice major); Joseph McMahon (Justice major); Joshua Medina (Justice major); Jennifer Merly (Justice major); Jenna Mixson (Justice major); Shiela Morrison  (Legal Studies major).

Alpha Phi Sigma recognizes academic excellence of undergraduate and graduate students of criminal justice as well as juris doctorate students. Alpha Phi Sigma is the only Criminal Justice Honor Society which is a certified member of the Association of College Honor Societies and affiliated with the Academy of Criminal Justice Sciences.