Download - College of Law

MARK E. SCHANTZ
526 Larch Lane
Iowa City, Iowa 52245
Home: 319/339-7419
Cell: 319-541-1500
EDUCATION:
University of Iowa, 1959-63, B.A.
Kinnick Scholar
Varsity Basketball
Student Body President
Omicron Delta Kappa
Phi Beta Kappa
Oxford University, 1963-65, M.A.
Rhodes Scholar
Yale Law School, 1965-68, LL.B.
Yale Law Journal, Board of Editors
PROFESSIONAL EXPERIENCE:
1968-69
Law Clerk, Chief Judge Frank M. Johnson, Jr., United States
District Court for the Middle District of Alabama.
1969-78
University of Iowa College of Law
Assistant Professor, 1969-72
Associate Professor, 1972-75
Professor, 1975-78
Associate Dean, 1976-78
1979-82
Solicitor General of Iowa
1983-91
Partner, Dickinson Throckmorton, Parker
Mannheimer & Raife
1992-2005
General Counsel, University of Iowa
2005-2011
Professor of Law, University of Iowa
2010-2012
Solicitor General of Iowa (part-time)
2012-Present Emeritus Professor of Law
2009-Present Arbitrator: AAA, FINRA
ADMITTED TO PRACTICE:
1970
1972
1973
1979
1979
Supreme Court of Iowa
United States District Court, Southern District of Iowa
8th Circuit Court of Appeals
Supreme Court of the United States
United States District Court, Northern District of Iowa
PUBLICATIONS:
"Interrogations in New Haven: The Impact of Miranda," 76 Yale Law Journal
1519 (1967) (co-author)
Hines and Schantz, "Improving Water Quality Regulation in Iowa," 56 Ia. L. Rev.
231 (1971)
1971 Cumulative Supplement, Criminal Defense Techniques (Matthew Bender,
Cipes Ed.)
"Alleviating the Stigma of Arrest and Conviction Records," Chapter 42, Criminal
Defense Techniques (Matthew Bender, 1973)
"The Objectives of Criminal Code Revision: Guidelines to Evaluation," 60 Ia. L.
Rev. 430 (1975)
"Survey of Iowa Criminal Law," 26 Drake L. Rev. 116 (1977)
COURSES TAUGHT (2005-2011):
Constitutional Law I
Professional Responsibility
Legal History: Civil Rights in Alabama
Seminar: Law & Popular Culture
COMMUNITY AND PUBLIC SERVICE:
Chairman, Board of Directors, Student Publications,
Inc., 1973-75
-2-
President, Alpha of Iowa Chapter of Phi Beta Kappa, 1974-75
University of Iowa Faculty Senate, 1974-77, Vice President, 1975-76
Board of Control of Athletics, University of Iowa, 1976-78, Chairman, 1978
Legislative Task Force on Excellence in Education, 1984-85
Legislative Task Force on Higher Education, 1988-89
Secretary, Iowa Rhodes Scholarship Committee of Selection, 1977-97
Board of Directors, Morris Scholarship Foundation, 1986-92
Board of Directors, Iowa Civil Liberties Union, 1972-74; 1988-90
Board of Directors, Musser-Davis Corporation, 1998-Present
PROFESSIONAL ACTIVITIES:
Chairman, Board of Directors, Hawkeye Area Legal Services Corporation,
1973-77
President, Legal Services Corporation of Iowa, 1976-77
Board of Directors, Polk County Legal Aid Society, 1983-84
National Institute of Trial Advocacy, Participant, 1974
National Institute of Trial Advocacy, Midwest Regional, Faculty, 1982
Counsel, Iowa State Bar Association IOLTA Committee
Iowa Board of Law Examiners, 1983-88
Chairman, ISBA Administrative Law Committee, 1987-88
Eighth Circuit Court of Appeals, Federal Practice Committee, 1987-1991
Supreme Court of Iowa, Commission on Planning for the 21st Century,
1996-97
United States Magistrate Judge Selection Panel, 1993, 2000
-3-
Mason Ladd Inn of Court, 1994-96
Numerous continuing legal education and other professional
presentations
ALTERNATIVE DISPUTE RESOLUTION
Training:
1.
AAA, Managing the Arbitration Process, 11/8/13
2.
AAA, Arbitration Awards, Online, 06/12
3.
AAA, Arbitration Fundamentals, San Francisco, CA, 05/12
4.
FINRA, Expungement/2008 Refresher, Online, 09/09
5.
FINRA, Basic Arbitrator Training, 2009
6.
Member, American Academy of ADR Attorneys, 2009 - Present
7.
FINRA, Expungement Mini-Course, Online, 07/09
8.
FINRA, Onsite Basic Panel Training, Chicago, IL, 05/08
9.
NASD, Online Basic Panel Training, Online, 06/07
10.
CDR, “The Mediation Process,” Iowa City, 10/97 and 4/98
11.
ALI-ABA: “Alternative Dispute Resolution, San Francisco, CA, 3/98
12.
NACUA/AAA: “Mediator Training Workshop,” Atlanta, 4/94
Experience as Arbitrator:
1.
Two employment cases involving university staff
2.
One commercial (by agreement of parties) contract dispute involving two
businesses
3.
Two FINRA claims as public member of panels
-4-
4.
Three AAA Consumer claims; one commercial claim
Experience as Counsel:
1.
2.
3.
Numerous faculty peer review proceedings
Several professional staff grievance or termination proceedings before
arbitrators
One NFA commodities proceeding
REPRESENTATIVE LITIGATION:
As Solicitor General:
1.
Carlson v. Wiggins, 675 F.3d 1134 (8th Cir. 2012) (cert. denied)
(Successfully defended Equal Protection challenge to Iowa’s system of selecting attorney members of Judicial Nominating Commission).
As General Counsel:
1.
2.
Johnson v. University of Iowa, 431 F.3d 335 (8th Cir. 2005)
(successful defense of gender discrimination challenge to adoption leave
policy).
Brine, et al v. University of Iowa, 90 F 3d. (8th Cir. 1996)
(successful defense of gender discrimination challenge to closing dental
hygiene program).
While in private practice:
1.
Brown v. Legislative Council, 490 N.W. 2d 551 (Iowa 1992)
(successfully resisted citizen effort using public records law to access redistricting software because data fell within “trade secret” exception).
2.
South Ottumwa Bancshares v. First Interstate of Iowa, 484 N.W. 2d 586 (Ia.
1992)
(Supreme Court reversed trial court holding that option to purchase
Bancshares should be voided because of breach of fiduciary duties by
sellers).
3.
Gordons, Inc. v. IBM
(local counsel for defendant on "computer malpractice" and breach of warranty claims).
-5-
4.
5.
Corometrics, Inc. v. Winnebago Industries, Inc.
(plaintiff's breach of warranty of fitness for purpose and other claims
against manufacture of fleet of utility vans purchased for heavy duty
commercial use; settled).
A.Y. McDonald, Inc. v. INA, 475 N.W. 2d 586 (Ia. 1992)
(local counsel for IELA to assist in preparing amicus brief on issue of
whether general liability policies cover costs of government-mandated environmental cleanups).
6.
Mercy Hospital Medical Center, et al v. Aldo Parentela, et al
(breach of contract and misrepresentation claims and counterclaims arising
out of failed venture to establish heart surgery center in Rome, Italy; favorable settlement after first day of trial).
7.
Stansberry v. ITT
(defended class action brought by legal services corporation alleging numerous violations of Iowa law in sale of property insurance; substantial motion practice, settled).
8.
FDIC v. Semler, et al
(defending outside directors of failed bank against allegations of negligent
lending, etc.; settled on eve of trial).
9.
Olson v. Farmers Commodities Corp.
(defended broker against claim by banker alleging fraud, churning, unauthorized trading, breach of contract and breach of fiduciary duty; settled on
eve of trial).
10.
Reicks v. Farmers Commodities Corp., 474 NW 2d 809 (Ia 1991)
(defended NFA arbitration claim; lost challenge on constitutional grounds.
11.
Budget Marketing, Inc. v. Centronics, 927 F.2d 421 (8th Cir. 1991)
(summary judgment for defendant on our plaintiffs' claims arising out of
aborted acquisition; reversed on appeal. Jury verdict for plaintiffs set aside).
12.
Continental Laboratories v. Scott Paper Co., 759 F. Supp. 538 (S.D. Ia.
1990), aff’d 938 F. 2d 184 (8th Cir. 1991)
(defended breach of contract claim arising out of failed negotiations for
supply and distribution agreement; defendant's motion for summary judgment granted, affirmed on appeal).
13.
Weber v. IMT Ins. Co., 462 N.W. 2d 283 (Ia. 1990)
(Filed amicus brief supporting applicability of “pollution exclusion” in umbrella insurance policy).
-6-
14.
15.
Carver, Trustee v. Centerre Bank, 455 N.W.2d 680 (Ia. 1990)
(obtained judgment for plaintiff against correspondent for aiding and abetting failed bank's breach of fiduciary duty as IDR bond trustee; affirmed on
appeal).
Bernau, Receiver v. United Central Bank, 451 NW. 2d 177 (1990)
(represented Superintendent of Banking as receiver for failed Exchange
Bank of Bloomfield seeking to recover disputed assets (farmland and
notes); awarded farmland only).
16.
Bernau v. Whitfeld, et al,
(malpractice action against Exchange Bank lawyers based on conflict of interest; favorable settlement).
17.
COPEC v. McClintock, 442 N.W.2d 607
(represented lawyer in disciplinary proceedings arising out of failure to turn
over “outside” earnings to partnership; public reprimand only).
18.
Miller v. Bair, 444 N.W.2d 487
(intervened on behalf of Wine Institute to oppose challenge to S.F. 395, an
omnibus economic development bill which legalized private sale of wine, on
ground bill violated "one-subject" limitation of Iowa Constitution; constitutionality upheld).
19.
State v. Fratzke, 446 F. 2d 781 (Ia. 1989)
(defendant’s conviction under harassment statute for writing nasty letter to
state trooper protesting speed ticket reversed because statute must be
construed to require “fighting words” to preserve its constitutionality).
20.
Woods v. Schmidt, 439 N.W. 2d 855 (Ia. 1989)
(dismissal of claim against mortgagee upheld because assignment of right
to receive a sheriff’s deed did not warrant title to the land).
21.
Pester Refining Co. V. Mapco Gas Products, 845 F. 2d 1476 (8th Cir., 1988)
(prevailed on appeal from bankruptcy judge’s ruling denying shippers right
to stop in transit natural gas liquids transported via pipeline).
22.
DeLoss v. HUD, (822 F.2d 1460 (8th Cir. 1987); 714 F.Supp. 1522 (S.D.
Ia. 1988)
(federal APA action by private apartment owner seeking to challenge loan
for additional subsidized housing on ground statutory criteria for need not
satisfied; district court dismissed for lack of standing; reversed on appeal,
injunction issued on remand).
-7-
23.
Stauffer v. Blue Cross
(defended wrongful termination claim by COO; settled equitably after depositions of protagonists).
24.
Westridge Manor v. Beverly Enterprises
(defended lessee in dispute concerning escalator provision in nursing home
facilities lease; tried to court in equity to a favorable outcome).
25.
Gudenkauf v. Farmers Commodities Corp.
(obtained defense verdict in jury trial by customer alleging breach of contract and negligent administration of agreement to assist in marketing hogs
by use of hedging on futures market).
26.
Roberts v. Audubon State Bank
(directed verdict after plaintiffs case in suit by customer against bank alleging wrongful eviction and abuse of process).
27.
Audubon State Bank v. Regents Ins. Co.
(breach of contract and bad faith action against insurance company for failure to pay cost of defending Roberts action; settled).
28.
Toronto Dominion Bank v. Central National Bank, 753 F. 2d 66
(UCC litigation involving third-party check kiting scheme and late return of
checks by CNB; partial judgment by federal district court; on appeal and
cross-appeal held not final judgment; favorable settlement prior to ruling on
remand).
29.
United States v. Archer-Daniels-Midland Co., 584 F. Supp. 1134 (S.D. Ia.
1984)
(local counsel for defendant; trial court ruled the government had not
proved its case).
30.
Naegele v. City of Des Moines
(overturned order of city to remove without compensation some 26 nonconforming sign structures pursuant to "amortization" provision of sign ordinance).
32.
Mid-America Construction Co. v. Board of Regents
(intervened and upheld Regents award of contract for new law school to low
bidder against challenge by second bidder that low bid was submitted one
minute after filing deadline).
-8-
33.
Mason v. Robinson, 340 N.W. 2d 251 (Ia. 1983)
(expert witness may not be required to provide testimony absent a showing
of compelling necessity).
While at Iowa Department of Justice:
1.
Consolidated Freightways v. Kassel, 556 F.Supp. 740 (S.D. Iowa 1983),
aff'd, 730 F.2d 1139 (8th Cir. 1984)
(attorney's fees sequel to Kassel v.Consolidated Freightways; fees denied
on ground that Commerce Clause does not "secure rights, privileges or immunities" within meaning of 42 U.S.C. 1983).
2.
Kassel v. Consolidated Freightways, 67 L.Ed.2d 28 (1981).
(Commerce Clause challenge to length limit on twin-trailer vehicles; briefed
and argued unsuccessful appeal before United States Supreme Court.)
3.
Randall v. Reynoldson (N.D. Iowa 1980) aff'd, 640 F.2d 898 (8th Cir. 1981),
cert. denied, 70 L.Ed.2d 189 (1981).
(42 U.S.C. 1983 challenge to disbarment brought against Iowa Supreme
Court; court granted motion to dismiss on variety of grounds).
RELEVANT CONTINUING LEGAL EDUCATION:
1.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
National Employment Law Institute (NELI): Employment Law Conference,
11/92
Iowa State Bar Association (ISBA): “Labor and Employment Law,” 9/93
University of Iowa College of Law: “Health Law,” 11/94
NELI: Employment Law Conference, 11/95
Association of Iowa Hospitals and Health Systems, and the Iowa Society of
Healthcare Attorneys: “Compliance Issues,” 11/96
ALI-ABA: “Advanced Employment Law and Litigation,” 12/96
Minnesota Bar Association: “Upper Midwest Employment Law Institute,”
5/97
ABA: Teleconference, “Critical Legal Compliance Issues for Healthcare
Organizations,” 5/97
ALI-ABA: “Alternative Dispute Resolution,” 3/98
ALI-ABA: “Employment and Labor Relations Law for the Corporate Counsel
and the General Practitioner,” 1/99
NELI: Employment Discrimination Law Update, 7/99
ISBA: “Labor and Employment Law,” 9/99
University of Alabama at Birmingham Center for Ethics & Values in the
Sciences, “Ethical Issues in Clinical Trials,” 2/00
-9-
13.
15.
16.
17.
18.
19.
20.
21.
22.
23.
23.
24.
25.
26.
National Employment Law Institute, “Employment Law Litigation,”
San Francisco, CA, 6/00
NELI: Employment Law Conference, 11/01, Chicago, Illinois
NACUA, “Faculty Employment Law Issues in the 21st Century,” 3/02
New Orleans, Louisiana
AAAA, ADR Seminar, 2008
ISBA, “Environmental & Natural Resources Law Seminar,” 10/09 (Speaker)
th
ACLU of Iowa Foundation, 75 Anniversary Conference, 09/10
Iowa Attorney General, “Continuing Legal Education for Government
Attorneys,” 11/10 (Speaker)
AAAA, AAAA Annual Seminar, 2010
ISBA, Federal Practice, 12/10
AAAA, Annual AAAA, 2011
ISBA, Labor and Employment Law, 2011
Labor and Employment Law, 2012
AAAA Annual Seminar, 2013
Labor and Employment Seminar, 2013
January 20, 2014
-10-