Detour from Kyiv to Jerusalem

My November teaching trip to Ukraine has taken an unexpected detour--it now appears that I will be returning to the United States by way of Israel! My nephew, who is a graduate student at Hebrew University in Jerusalem, has invited me to visit before or after my visit to Ukraine, and I have decided to spend a few days in the Holy City during the week of the American Thanksgiving holiday.

This detour will be the fulfillment of a lifelong dream! I have for years studied and thought about Jerusalem and its many holy sites--in particular the Temple Mount and its environs. It will be a fascinating comparison to see this special place with the sights, sounds and impressions of Ukraine fresh on my mind.

My tentative plan is to complete my teaching in Kyiv and Kharkiv on The 19th of November, to visit special sites in Kyiv on the 20th and 21st, and then that evening (Saturday) fly to Tel Aviv by way of Riga, Lithuania. I will arrive in Jerusalem early on Sunday morning the 22nd, and stay until early Friday morning, the 27th of November, at which time I will fly back to Salt Lake City by way of San Francsico, California.

My Life-Changing Experience in Ukraine

I have told many of my colleagues that my previous teaching experience in Ukraine was, without a doubt, the highlight of my professional career. No other experience in my law school, law practice and time on the bench has compared with the joyous experience of teaching fundamental legal principles to eager and bright young minds in Ukraine. To assist in the fostering of free institutions in that ancient and beautiful land is a high privilege.

Beyond these professional highlights, however, my time in Ukraine has also had a profound personal affect upon me. Specifically, as a result of what I saw and experienced in Kyiv in 2007 I have made some vast changes in my personal habits which has revolutionized my life.

One of the things I immediately took note of in Ukraine was the physical appearance of the people on the street. Over more than two weeks I rarely saw any individual, man or woman, old or young, who was dramatically overweight. This was something of a shock to me, coming from the United States of America where obesity is something of an epidemic--an epidemic which over the years had personally affected me. I noted that the physical and eating habits of Ukrainians was vastly different from that of Americans. For one thing, most Ukrainians spend a significant part of their time on their feet, walking to and from work or recreation. While the number of personal vehicles is increasing in Ukraine, most people still walk or ride public

transportation and Ukrainians are obviously more physically active than Americans. They also appear to eat more healthy food in smaller quantities than Americans.

At five foot ten and weighing over 250 pounds, I felt like I stuck out like a sore thumb in Ukraine during my trip there in 2007. I returned in late November with a resolve to do something about it. In the Spring of 2008 I decided that I was going to start emulating my Ukrainian friends, and started walking to and from work each day, a distance of eight miles round trip. Walking seemed like a sensible exercise for me, as my local government has provided a private exercise room, showers and locker room at my courthouse. So, I parked my car and moved forward with my daily walking. While difficult at first, my two hours of walking each day became very precious to me, allowing me time to think, to meditate, to listen to music on my iPod, to listen to dozens of audio books (mostly histories and biographies), and to memorize a vast amount of poetry in English, German and Russian. From the spring of 2008 until the present, I have driven myself to work only once or twice.

I lost weight very rapidly due to my daily walking, assisted with a sensible diet. By about November of 2008, one year after my first trip to Ukraine, I had lost a total of some 85 pounds. In addition to walking, I also lifted weights four or five days a week. By January of 2009 I felt as if I were in the best physical shape of my life--including my teenage years and my twenties. I not only felt physically alive and vigorous, but the positive affects upon my mind and my inner peace was amazing. In January I began running to and from work instead of walking, and since

then have averaged between 50 and 60 miles (80 to 100 kilometers) each week. In April of 2009 I finished the Salt Lake City Marathon in a time of 4 hours and 11 minutes, and yesterday, July 24, 2009 I finished the Deseret News Marathon in 4 hours and 8 minutes. (In the pictures above I am approaching the finish line in Salt Lake City at mile 26.2)

I am so grateful for the personal impact my time in Ukraine has worked in my life, and I return this Fall with a unique connection to the land and people.

Summer Social with the Leavitts

On July 11, 2009 my wife Julie and I joined many of the instructors, friends, benefactors and board members of The Leavitt Institute for the 2009 Summer Social, held at the home of David and Chelom Leavitt in Provo, Utah. Present were most of the judges and attorneys who will be teaching in Ukraine during the 2009-2010 academic year.

Having attended the summer social at the Leavitt's home in Nephi, Utah in earlier years, it was nice to see David and Chelom so nicely settled in their new place in Provo at the foot of the mountains. The Leavitts still presented their guests with a Juab County style hospitality, complete with barbeque dinner on a warm summer night, joyous conversation and a live band playing throughout the evening. There were even vegetables growing in the garden on the fringe of their huge back lawn where we ate dinner. David displayed for the first time memorabilia from the Orange Revolution of 2004, including this hand-lettered freedom banner which the Leavitt's retrieved and brought back to the United States.

Let me pause to comment on the unique talents and vision of David and Chelom Leavitt. Following his last term as the Juab County Attorney, David accepted a volunteer position with the American Bar Association strengthening rule of law institutions in Ukraine, and David and Chelom packed up their kids and moved for a year to Kyiv. Out of this experience the Leavitts

developed an almost mission-like zeal for assisting the blossoming of freedom and democratic institutions in Ukraine. One fruit of this was the creation of the Leavitt Institute dedicated to assisting in the implementation of a true jury system in Ukraine, as outlined in its constitution.

The Leavitts have developed a multi-phase long term plan for the Institute, which includes not only having American judges and legal professionals teach in major Ukrainian law schools, but also training young Ukrainian lawyers in the United States and then having them assist with the work of the Institute on the ground in Ukraine. It is an exciting and a visionary work--one which I am proud to assist with.

Over the past two years Chelom has taken a major role in directing the work of the Institute as David ran for the U.S. Congress and was diverted by other projects. In his remarks tonight, David noted that one of his Institute colleagues had quipped that David was like "The Hurricane" whereas Chelom was like "FEMA." In his self deprecating way, David is acknowledging that whereas he has a genius for long-range planning, Chelom is a genius at practical execution. They are a unique partnership, and it is a delight to know and be associated with this marvelous couple.

One of the announcements made this evening was that negotiations with the university in Lviv have been successful, and we will add this to the list of law schools for the academic year. There is still some ongoing discussion about the logistics of our travel and teaching schedules. The schedule calls for two American professionals to be on the ground in Ukraine at the same time, and the first draft of the schedule had each professional spending a week at institutions in eastern Ukraine as well as western Ukraine. One of the suggestions made tonight was that each teacher focus only upon select schools. This would simplify travel somewhat, but also provide the students more continuity.

During the evening both Chelom and David spoke, and we were delightfully entertained as Lori Nuffer and the concert mistress of The Orchestra on Temple Square played several piano and violin duets written by Ukrainian composers (and likely performed in the United States for the first time). Later in the evening David even sang "Mack the Knife" with the band to the delight of the crowd, which has become something of a Leavitt Institute tradition.

My Return to Ukraine

A few days ago I was invited by the Leavitt Institute to return to Ukraine. This year I will not only lecture at law schools in Kyiv but also in the cities of Kharkiv and Chernivtsi. I look forward to this new adventure with great joy and anticipation!

In 2007 I lectured at five law schools in Kyiv: the Academy of Advocates (Академії адвокатури України), the Vadym Hetman Kyiv National Economic University (Київський нацiональний економiчний унiверситет), Kyiv International University (Київський міжнародний університет), the National Aviation University (Національний авіаційний Університет), and the Economics and Law University (Університет Економіка та Права "КРОК"). In 2009 there will be several changes in the participating schools. This year the Leavitt Institute has expanded its University relationships to include Kharkiv National University (Харківський національний університет) in eastern Ukraine, and one university in Chernivtsi (the Chernivtsi National University--Чернівецький національний університет) in western Ukraine. In Kyiv the Leavitt Institute will continue its prior relationships with the National Economic University and the National Aviation University, and has formed a new connection with the Taras Shevchenko National University of Kyiv (Київський національний університет ім. Тараса Шевченка). In all, the Leavitt Institute instructors will be teaching in nine universities spread across three cities.

The current plan is for me to travel from November 7 through 21, according to the following schedule:

Saturday, November 7th: Leave Salt Lake City and fly to Kyiv.

Sunday, November 8th: Arrive in Kyiv in late morning, then catch another flight to Kharkiv later in the day.

Monday, November 9th: Teach one two-hour class in Kharkiv.

Tuesday, November 10th: Teach two two-hour classes in Kharkiv, then fly back to Kyiv at about 7:00 p.m.

Wednesday, November 11th: Arrive in Kyiv and teach one two-hour class.

Thursday, November 12th: Teach one two-hour class in Kyiv.

Friday, November 13th and Saturday, November 14th: Free days in Kyiv.

Sunday, November 15th: Catch a night train in Kyiv bound for Chernivtsi.

Monday, November 16th: Arrive in Chernivtsi at about 9:00 a.m.

Tuesday, November 17th: Teach a two-hour class in Chernivtsi, then catch another night train bound for Kyiv.

Wednesday, November 18th: Arrive in Kyiv, and teach one two-hour class.

Thursday, November 19th: Teach one two-hour class in Kyiv.

Friday, November 20th: Free day in Kyiv.

Saturday, November 21st: Fly from Kyiv back to Salt Lake City.

And so, the next chapter in my adventures in Ukraine begins!

A Grandfather At Last

Since several colleagues and Ukrainian law students have inquired, I will report that on December 5, 2007 I finally became a grandfather--ten days after my return from Kyiv. Our new grandson, James, is healthy and happy, as are his parents, pictured here.

Let this be a fitting benediction on my Ukrainian adventure--to return home to my wife, my children, and now a first grandchild.

Little Man

Little man, so sweet and mild,
The night is cold and dark and wild;
Sleep, our wee December child,
There's time enough for thee!

Time to breathe the winds of spring,
To watch the bird on golden wing;
Time to run and hide and swing
Beneath the garden tree!

And ere you step across the street,
With eager gaze and footsteps fleet,
There's time to hear the Wisdom sweet
At thy mother's knee!

Your future toils may be great,
With stony walls and doorways strait,
But you'll be lead through every gate,
Clutching tight your key!

So, little man with sleepy eyes,
Tiny wanderer in disguise,
Soar in your dreams through azure skies,
So far across the sea!

By Daniel Bay Gibbons
December 5, 2007

Family Reunion in Salt Lake City

In Salt Lake City I had a wonderful reunion with my wife and six children (including our son-in-law--he was disappointed that I had not brought him an accordian, but was happy with the replacement gift: a bulava). My wife and four of our children met me at the airport with a welcoming sign. We traveled to our home, where we were joined by our married (and very pregnant) daughter and her husband and had a sweet visit lasting several hours.

It is good to be home.

Journey Home: New York to Salt Lake City

The final leg of my journey took me on a nighttime Delta flight to Salt Lake City from JFK airport. I found myself sitting next to Elder Shtrbachka, a young man from Novisad, Serbia who is one of the first full-time LDS missionaries from that Balkan country. He will serve for the next two years in the Utah Salt Lake City North Mission. A member of the LDS Church for only nineteen months, I was impressed with his intelligence, good humor and courage.

After eating dinner on the plane, I was able to sleep for about four hours before landing in Salt Lake City just before midnight. Thus ends my journey of more than ten thousand miles.

Journey Home: Kyiv to New York

The flight from Kyiv to New York lasted about eleven hours, passing through the airspace of Ukraine, Belarus, Poland, Lithuania, Sweden, Norway, England, Ireland and Canada. On the trip I had a delightful visit with Mariana, a twenty-one year old Ukrainian woman from Lviv who was traveling to Northern Virginia where she will be working for a year in an internship. She represents the best and brightest that Ukraine has to offer--a smart, courageous and humane Ukrainian young person with endless possibilities. She spoke of the difficulties someone in her circumstances has in trying to find a foothold in her native land.

After a grueling flight, I arrived at John F. Kennedy Airport in New York, where I went through passport control, customs, and then had to recheck my luggage and go back through security screening before waiting more than four hours for my connecting flight to Salt Lake City.

Journey Home: The Apartment to Borispol Airport

I arose early this morning to complete my packing, close out the apartment and prepare for the trip home. Olga Kupriyevych arrived a few minutes after eight to tell me goodbye. The apartment manager, Evgeniy, arrived at 8:30 and I was off to the Borispol Airport. It was a cold, foggy morning in Kyiv with the trees appearing like ghosts on the side of the motorway. I had a nice talk with Evgeniy of the drive. He is age twenty-six, married, with two children. He has abandoned a career as a teacher to pursue the real estate business, as he found that he was unable to adequately support his family with teaching.

At the airport I checked in at the Delta counter, went through passport control and customs, and sat down for a long wait of about two hours in the terminal. An hour before takeoff, the passengers on my flight to New York were lead as a group through screening, and I finally boarded the Delta 737 at about noon. This time, the plane was able to come directly to the gate, and I did not have to be transported by bus between the terminal and the plane on the tarmac. We took off at 12:30 and I left Ukrainian soil behind in the fog.

Taking Leave of Kyiv

The Dnipro rolls on far below me, under the winter skies,
River barges moving suspended, detached on the waters,
And the wheeling birds in their winter flight, hovering over the trees,
The trees bowing over the majestic snows of Kyiv.
Around and over the river swarm you thousands,
And tens of thousands, people of the City, buying, selling, returning home,
Moving in countless conveyances on land and water,
The screeching of your wheels and blare of warning horns,
And vehicles above and below the earth, ever moving,
Ever breathing in and out with the passage of people.
I descend with you, I ascend with you,
The endless conveyors of the people, the stream of bundled figures,
I see you, each one, the secrets of your eyes and faces,
The history of your wanderings and toils,














The imprint of the village and farm, the survivors of Tsars and Tyrants,
The imprint of the West, the imitation of foreign trends and traits,
The careless pride in your boots, your bells, your sashes, your furs,
The hopes of young eyes, the memories of the old, the peace and serenity of your spirits.
Close now in my thoughts, you people of Kyiv, wending your way home, over the silvery streets, Walking now in bundled figures,
In companionable and silent throngs beneath the golden domes, the sky-blue walls,
Walking through your City, with the churches of the saints strung like pearls on a silver string,
City of a thousand churches, with all the bells ringing,
The sunlight gleaming from your onioned domes.
City of an ancient fame, City of an ancient name,
Your heroes fixed in bronze, the snow bowing down their shoulders,
The icicles run from elbows and beards.
City of Sorrow, of the prison doors, the starving millions, the fearsome pollutions,
City of death and life, of prison doors closed and then flung wide.
City and nation at the crossroads, at the junction of languages, tongues and people,
Gateway of Europe, highway of Asia, headwaters of the Black Sea and Mediterranean,
The cradle of culture, the prisoner of Empire,
And now, finally now, you City of the past, present and future, your free banners flowing, ,
City of lights, of endless passage, of learning, of love and of hope, I take my leave of you,
City of the Great Gate, long sealed and barred, now swinging wide.

Daniel Bay Gibbons

Kyiv, Ukraine

Friday, November 23, 2007

A Final Walk Through Kyiv

Though it is a cold and overcast day, I left the apartment at mid day (after packing) and took a final ride on the Metro and a walk through the streets of Kyiv. I rode the Funicular, saw St. Michael's, walked past St. Sophia's, visited St. Andrew's, browsed on the Andriysky Spusk, and ended up in my gazebo on the promontory overlooking the Dnipro. From there I said my goodbyes to this great and ancient City, and took my leave.

An "Avoska"--Just in Case

I learned a valuable lesson this week from the Leavitt Institute's Ukrainian "handler, confidant and guardian," Olga Kupriyevych. (Olga is pictured here with Ukrainian First Lady, Katerina Yushchenko). On Tuesday night we were walking past the myriad humble food vendors lining the sidewalks near the Byeresteyska Metro station, when Olga spied some very nice looking potatoes. "Oh," she said. "I need some potatoes." She then reached in her blue briefcase and pulled out a large, sturdy plastic sack. She purchased the potatoes and stowed them in the bag, and we were on our way.

She later explained that growing up in a small village north of Kyiv, her grandfather taught her that she should always carry an extra bag. He called this an "авоска," which means, "just in case." Thus, "just in case" you saw something along your way that you needed, you could immediately buy it and place it in your "avoska" without having to return home for something to carry it in.

There is great wisdom in carrying an "avoska" in our journeys. We ought never to be so smug to think that we know it all, or we have all that we can ever need. There will be rich stores of experience, knowledge, friendship and Wisdom along our paths. When we meet someone new, or attain some new insight--think thoughts we have never had before--we should pull out our "avoskas," and go on our way rejoicing. Thanks, Olga, for sharing your rich experience and perspective with me these past two weeks. I will carry them in my "avoska" forevermore.

"Is There a Light For Me?"

Over the past several days I have been dipping into my new copy of Shevchenko's "Kobzar" (which means, "The Bard" in Ukrainian). I attempted to work out the meaning of several of his little poems. The first few lines of this one, entitled "Сестрі" with a date of July 20, 1859, appealed to me:

Минаючи убогі села

Понаддніпрянські невеселі,

Я думав: «Де ж я прихилюсь?

І де подінуся на світі?»

(In my edition of "Kobzar," this appears at page 642) My rough attempt at translation (with vast textual liberties taken) is as follows:

Passing Dnipro's towns and streets,

Of leafless trees and pavements gray,

I thought: "Is there a light for me

Above some porch along the way?"

This seems to capture the deepest longing of the human heart--to belong somewhere, to have a refuge from the night, to see welcoming faces peering through the evening windows, yellow with light. This sentiment has come to mind again and again over the past few days, as I have seen men on crutches asleep in the portals of the Metro, old women sitting hunched on street corners with little paper cups, begging for a few small coins, or long lines of plain-looking men and women selling home-grown beets, potatoes, cabbages, nuts or home preserves on busy sidewalks. It touches your heart to see those who are lost, alone, frightened or struggling to survive in this cold and wintry world.

.

In some small way, my efforts of the past few weeks have been to light a lamp above some little front porch by the wayside--to assist in kindling the light of freedom and liberty among a people who for too long have been subjected to fear and darkness. May the porchlights of this great nation burn ever bright.

Opening Statement Presentations at International and Aviation

On this final day of classes, I heard opening statement presentations at both the Kyiv International University, and the National Aviation University. At International, we were disappointed again in a very poor attendance, with only two students present on the final day of classes. Both of the students, Iegor Sierov and Helena, presented the opening statement. Later that evening, we had somewhat better attendance at the National Aviation University, where Helen and Marina presented for the Prosecution, and Ira, Katya and Ann for the Defense. Marina won the "Prosecution White Hat Award," and Ira won the "Bob Smith Black Cap Award." My impression of the students at the National Aviation University is very strong. There are a number of very diligent and intelligent young women in this law school who, with proper encouragement, might make very outstanding courtroom advocates.

And thus ends the twenty separate lecture segments of my two-week experience in Kyiv. It has been an absolute delight to work with so many bright and promising young people.

A Hilltop View of the Rolling Waters of the Dnipro

This Thanksgiving morning I spent about an hour seated in an old Victorian style gazebo which sits on the promontory of Volodymyrska Hill Park. From here there is a sweeping view of the Dnipro River, far below, of the monument to Prince Volodymyr, the "Baptizer," of the beautiful tree-lined avenues of the park, and even of the sunlight glinting off of the spires in St. Michael's of the Golden Domes. I sat for a long time in solitude, gazing at the river and writing.

The view of the Dnipro from this point is incomparable. With the Nile, the Mississippi, the Amazon, the Yangtse, the Ganges, the Rhine and the Danube, this is one of the great rivers of the world. It has been the broad avenue of cultural change. The ancient Rus settled on these banks, ultimately carrying their great culture north into present-day Russia. There were great Viking trading outposts here and elsewhere along this river in the tenth and eleventh centuries. In more recent times, this river has been the chief commercial road between the Mediterranean and Black Sea ports and the great interior of the Soviet Union and of Russia. It has witnessed both great prosperity and great tyranny. And the Dnipro flows ever on, oblivious or indifferent to the rise and fall of Tsars and tyrants.

A great man once wrote, "How long can rolling waters remain impure?" As long as the rains and snows of heaven continue to fall upon the land of any people, how long can their rivers run polluted and choked with mud and debris. How long can oppression and hatred and tyranny bind a people when the waters of liberty, goodness and Wisdom are flowing freely. Even in the face of the darkest oppression, the rolling waters will ultimately run as clear as the mountain stream. The waters seem now to be running clear for the Ukrainian people. May the rolling waters sweep away all that clouds and pollutes this great people. May it ever be so.

These, and other thoughts crowded around me as I sat overlooking the beautiful Dnipro. This may be my most memorable Thanksgiving Day, spent in a little gazebo overlooking this special and sacred spot of Kyiv.

The "Baptizer" in Sunlight

This morning I paid another visit to the great monument to Prince Volodymyr the Great in the beautiful Hill Park bearing his name. To me this is the most special and sacred ground in the City, as I have an indescribable feeling come over me as I walk in this area. There is a peace, a tranquility, an awe that permeates this amazing monument. This monument is a survivor and a transmitter. It has survived the last years of Tsarist Rule, and the entire dark era of the Soviet Union. It is the largest religious monument to have survived the depradations and desecrations of Stalin. It is also a transmitter of the most ancient history and traditions of Ukraine, dating back a thousand years and more. This stark, awesome monument epitomizes Kyiv and all that the city means to me.

The Funicular in Action

Its Fun, Funny, even Funky. The Funicular is a unique nineteenth century trolley system that runs from the Poshtovo Ploscha Metro Station (which is almost at elevation of the Dnipro River) up the steep wooded hillside to the top of the Volodymyrska Hill Park. It is one of my favorite attractions in Kyiv, as it evokes the period of late Tsarist Rule of the late nineteenth and early twentieth century. There are two cars, each suspended from a huge steel cable, like counterweights on a grandfather's clock. Thus when one car ascends from the riverside station, the companion car at the top of the hill begins a smooth descent. The cars are both custom constructed at a nunique angle so that the passengers in each of the compartments are always sitting or standing upright. The ride is very smooth and very quiet, hardly disturbing the birds sitting on the boughs of the surrounding trees. In fact, one has this surreal sense of detachment, leaving the crowded Metro and the busy Kyiv sreet and then boarding the Funicular as if entering a separate peaceful world. So far I have ridden the Funicular six times, as it is a very convenient way for me to get either to the Volodymrska Hill Park, to the Monument to Prince Volodymyr the Great (the "Baptizer"), to St. Michael's of the Golden Domes, or to the Andriysky Spusk.

Opening Statement Presentations at the Economics University

This evening I heard eight outstanding opening statement presentations from the large class of law students at the National Economic University. The presenters were Kate, Alex and Andrei for the Prosecution, and Irina, Natalya, Tatyana (blonde), Tatyana (brunette--that is how I keep them separate in class), and Sergey. I gave the "Prosecutor's White Hat Award) to Kate and the "Bob Smith Black Hat Award" to the blonde Tatyana. All of the other presentations were impressive.

On balance, I believe that the class from Economics is our strongest this year, though there are brilliant individuals in the other schools. Teaching in this University in this fine mock trial room has been a highlight of my time in Kyiv.

Opening Statement Presentations at KROK

Today was the final session at KROK. During the first hour I presented my lecture on the opening statement to about a dozen students in attendance. During the second hour two students, Ina and Olga, were brave enough to attempt to present their own opening statements, and both did very well.

Overall, the experience teaching at KROK has been a mixed bag. On the positive side, we have had good faculty support, as well as some individually very talented students. On the negative, there are a number of non-law students who do not bring the same focus and discipline to the task as the law students. Also, the numbers in attendance have been very low in comparison with the other schools, particularly the Academy and the Economics University. Nevertheless, this seems to be a relationship which deserves careful nurturing in the future.

Opening Statement Presentations at the Academy

This morning I conducted the final session at the Academy of Advocates for the Fall Semester. We had presentations from six law students, including two for the prosecution and two for the defense. I awarded gift tee shirts for all presenters, but reserved special prizes for the top prosecution and top defense presenters. These were a "Prosecutor's White Hat" and a "Defendant's Black Stocking Cap." Taisia won the top award for the Prosecution and Oleg for the Defense, although there were several other presentation that could easily have won. Other presenters included Alexander, Stanislav, Viktor and Aleksay.

My experience at the Academy has been outstanding. The faculty has provided great support, with two professors in attendance for each session. The student presentations have been outstanding. I look for great things from this group in the future.