VOLUME 2
WINTER 1984
NUMBER 2
"ON THE ROAD AGAIN"
National Moot Court team members (I to r) Mark Lanier, James Dennis and Mark Stradley show off
the Alvin R. Allison Cup, presented to them after winning Regional Competition in November.
CONTINUING LEGAL EDUCATION
Law School Frontrunner in Negotiation Area
Negotiation is nothing new to an
attorney, but a conference designed to
sharpen attorneys' skills in the area of
negotiation is a first, at least in Texas.
The new conference, entitled
"Negotiation, Mediation, ArbitrationUseful Skills for the Lawyer," will be
co-sponsored by the Texas Tech and
St. Mary's Law Schools and held on
February 23 and 24 at the Four
Seasons Hotel in San Antonio.
Conference planning chairman and
Tech Law professor John Murray said
the conference objective is "to provide
Texas lawyers with a practical guide for
improving their non-judicial dispute
resolution skills. The presentations are
planned to be a systematic review of
the best methods of negotiation,
mediation and arbitration developed by
successful attorneys through years of
active practice."
Joining Murray on the planning
committee are Professor Thomas Black
and Dean James Castleberry from St.
Mary's Law Schools and the Honorable
Frank G. Evans, Chief Justice for tre
First Court of Appeals in Houston.
Evans currently serves as chair of the
State Bar Standing Committee for
Alternate Methods of Dispute
Resolution.
Murray, who also serves as Acting
Executive Director of Harvard's
Conflid Clinic, commented on the
outstanding qualifications of conference
faculty which includes Texas Supreme
Court Chief Justice Jack Pope. "We
have drawn speakers from all over the
state to speak on topics ranging from
negotiation methods to local dispute
resolution centers to negotiation in
business, divorce, personal injury,
criminal justice, and government
agency settings."
Murray expressed optimism for a
well-attended conference. "This is a
new thing," he said, "but we are
Another regional championship has
put the Texas Tech Law School Moot
Court team on the road to the national
competition in New York City.
Members of the team, third-year
students Mark Lanier of Lubbock and
Mark Stradley of Dallas and secondyear student James Dennis of Odessa,
argued seven rounds to capture the
first place trophy at the regional
tournament held November 16-18 in
Houston. Lanier was also named best
oralist.
Teams from 13 law schools in Texas,
Oklahoma, and Arkansas competed in
the annual event. Tech's regional
victory was the fourth for a moot court
team coached by adjunct law professor
Donald M. Hunt.
This year's competition problem
presented issues on securities and the
Racketeer Influence and Corrupt
Organization Act. Second place in the
competition went to Oklahoma
University, and the third place award
went to the University of Texas.
_The national finals, sponsored by the
New York Bar Association, will be
February 6-8 in New York CityGOOD LUCK TECH!
stressing the practical side of the
negotiation area which has to be
important to every attorney."
The February conference will be held
Thursday, February 23, from 8:00 a.m.
through 5:00 p.m., and Friday,
February 24, from 9:00 a.m. through
noon. Registration information may be
obtained by writing or calling Professor
John Murray , Texas Tech University
School of Law, Lubbock, 79409, (806)
742-3905.
2
LA W SCHOOL NEWS
PLANS ANNOUNCED FOR LAW SCHOOL'S
NEW LOOK
Spring cleaning is starting early at the
Law School as plans are in full swing for
a series of physical improvements
designed to enhance the building's
appearance as well as add to the
comfort of the students.
The changes, initiated by Dean
Byron Fullerton after a study
conducted by a faculty Building
Committee, include a vestibule for the
main entrance, new furniture for the
forum, and a sign identifying the Law
School on the south side of the
building.
Fullerton said he felt the
improvements were long overdue and
that they would be welcome changes.
"For example," he said, "I can't
remember a time when I haven't blown
through that front door or seen a pile of
leaves strewn through the hallway. The
vestibule will protect the entry-way
from the wind and will also be an
energy saver."
Fullerton indicated the present
furniture in the forum had simply worn
out from the traffic and there is a need
for more furniture to accomodate
students. "We want to provide a
comfortable, functional area for
students to study or relax, yet we want
it to be attractive for our receptions
and so forth," he said.
A sign identifying the law building as
the Law School will be placed on the
south side of the building. "I guess it
doesn't hurt to let the people driving by
on 19th Street know who we are,"
Fullerton quipped.
Completion of the renovation
projects is set for late February on the
vestibule and late spring on the
furniture and sign.
The projects are the first major
improvements undertaken by the
school since the Placement Office was
completed in the southwest corner of
the building in 1980.
Fullerton said, "These changes may
not seem like much, but they will make
a big difference around here. At least
we're getting rid of those leaves!"
ANOTHER FIRST -Students line up for cafeteria-style hot lunches served five days a week in the
Law School Commons. The new service was begun in November after complaints about the freshness
of vending machine selections. Lunch prices range from .50 for a salad to $2.00 for a complete meal.
'71 GRADUATE IS
FEATURED SPEAKER
Texas Tech law graduate Jess Hall,
Jr. was the featured speaker at the
Hooding Ceremony on December 17 in
the University Theatre.
Hall, a partner in the Houston law
firm of Liddell, Sapp, Zivley, Brown &
LaBoon, graduate from the Law School
in 1971 with high honors.
While in law school, he was a
member of Law Review, a member of
both state and national moot court
teams, and the founding president of
the moot court board, now know as the
Board of Barristers.
Hall received University Awards and
Honor Board Recognition and was
admitted to the national Order of
Barristers.
During his law school career, Hall
also served as the full-time minister for
the Green Lawn Church of Christ in
Lubbock. He was a member and
chaplain of the American Business Club
and served on the board of directors of
the South Plains Guidance Center and
board of trustees of Lubbock Christian
College and of Lubbock Christian
Schools.
Hall's law practice consists entirely of
litigation. One of his most notable trials
was the defense of Ash Robinson in the
wrongful death suit brought by the
survivors of Robinson's son-in-law, Dr.
John Hill, whom Robinson was accused
of having killed by a hired gunman. The
death was the subject of the book
"Blood and Money" and of the
television show "Murder in Texas."
Hall is the third speaker to be
honored in the new tradition of having a
distinguished alumnus, friend or
supporter of the school as guest
speaker for the December ceremony.
Prior honorees include retired Gulf
attorney and generous supporter Irwin
Coleman in 1981 and the Honorable
Gerry Meier ('75) in 1982.
3
LA W SCHOOL NEWS
CIVIL CODE
PROPOSAL STILL
CONSIDERED
ed. note: Professor Jeremy C. Wicker has
been appointed to a Special Committee of the
State Bar to study the proposed "Civil Code." He
submits the following discussion for the benefit of
interested alums:
Several years ago the Legislature
mandated the codification of all our
statutes. To date, several areas have
been completed, such as the Business
and Commerce Code, Family Law, Tax
Code, Code of Criminal Procedure,
and, effective January 1, 1984, the
Property Code. Last session the
Legislature passed a massive "Civil
Code" in an attempt to codify all
existing statutes relating to litigation
procedures, remedies, torts,
governmental liability , and even such
disparate topics as indemnity provisions
in mineral agreements and
unauthorized use of television decoding
and interception devices. This Code
was passed without any opportunity for
participation, study, or comment by the
State Bar or judiciary. Governor White
vetoed the bill at the urging of the State
Bar and the Supreme Court.
The Legislature is again prepared to
adopt the Civil Code, but this time the
Code's author, the Legislative Council,
has agreed to allow this special
committee to be a part of the process.
The members include the chairpersons
of many interested State Bar sections, a
Supreme Court justice, two law
professors, and several directors of the
State Bar.
Continuing Legal Education
Negotiation, Mediation, Arbitration - Useful Skills for
the Lawyer
February 23 & 24, 1984; Four Seasons Hotel, San
Antonio
(co-sponsored with St. Mary's University School of
Law)
Seventh Annual Banking Law Institute
March 29 & 30, 1984; Four Seasons Hotel, San
Antonio
Medical Malpractice Conference
AprilS & 6, 1984; Four Seasons Hotel, San Antonio
(co-sponsored with St. Mary's University School of
Law)
'83-'84 Fund Drive Off to Good Start
Response to Dean Byron Fullerton's
two year-end mail appeals totalled 133
gifts for $28,945 as of January 13th,
reports Carolyn Thomas, Assistant
Dean who directs alumni activities.
"We're a little more than 'a month
ahead' of where we were a year ago,"
she says. "We didn't reach $27,000 until
the last day in February of '83, so this is
the good news."
This optimism, she adds, should be
tempered by the fact that we're seeking
to raise $lOO,OOO this year in
TEXAS ERA REVIEWED
"The Texas Equal Rights
Amendment after the First Decade," by
Professor Rodric B. Schoen, will be
published in the Houston Law Review
in February 1984. This article
supplements Professor Schoen's earlier
article in the same review, and together
both articles cite and discuss every
reported Texas appellate decision
referring to the sex equality provision of
the Texas ERA since its adoption in
November 1972 through calendar year
1982.
Two major and recurring issues
under the Texas ERA are discussed in
Professor Schoen's forthcoming article:
What is the proper judicial remedy for
an established violation of the Texas
ERA, and should established violations
of the plain language of the Texas ERA
be subjected to the defense of
compelling competing interests?
unrestricted funds - a projected 20%
increased over our all-time record set
last year when $79,123 was donated to
the Texas Tech Law School
Foundation.
Informed of the excellent start in this
year's Annual Fund drive, Alumni
Association President E. Link Beck of
El Paso (class of '75) said, "I'm not
surprised. We set a great record last
year, and we've got to build on it - not
fall back."
Dean Fullerton says additional
appeals will go out this year "to try to
get every sheep in the fold" before the
August 31st deadline."
"This is not an optional activity - but
essential if we're serious in our quest
for academic excellence, and I know we
are," he adds.
4
FACULTY
FACULTY
F rank Skillern has completed the
chapter, "Environmental Regulation
and Innovation," for October
publication in the ABA National
Institute materials on Legal Problems of
Innovation. By invitation he has
become a member of the Peer Review
Nominating Board of the Land Use and
Environment Law Review. Skillern
prepared and presented a paper on
"Current Developments in the
Common Law" for the Texas State Bar
Institute, "Current Prospectives: A
Case Study in Environmental
Regulations and Litigation," held in
Dallas in December 1983. He currently
chairs the Environmental and Natural
Resources Law Section of the Texas
State Bar and serves as editor of the
Natural Resources Lawyer.
Tom Baker served as courtappointed attorney for the petitioner in
Vela v. Estelle, 708 F.2d 954 (5th Cir.
1983), a case establishing significant
precedent in the habeas corpus area
(state has petitioned for a writ of
certiorari.) In September 1983 his
article, "The Silkwood Case: Should
State or Federal Law Apply?" appeared
in the AALS - ALI - ABA Preview of
United States Supreme Court.
Murl Larkin participated in a
November seminar presented by the
University of Texas School of Law on
the subject, "The New Texas Rules of
Evidence," specifically, Articles II, III,
Judicial Notice and Presumptions. In
the spring, he will visit the University of
Arkansas at Little Rock School of Law
as the Ben J. Altheimer Distinguished
Professor of Law.
John Murray was elected President
of the Legal Aid Society of Lubbock.
He is chairman of the Planning
Committee for "Negotiation, Mediation,
Arbitration - Useful Skills for the
Lawyer," a conference sponsored by
the Texas Tech and St. Mary's Law
Schools and to be held in San Antonio
on February 23 and 24.
Joe Tucker served as Legal Advisor
for the Texas Department of Human
Resources Advisory Review Board in
the fall. He was appointed and served
as a hearing officer pursuant to Title 24
Professor John Murray (r) chats with parents at the Annual Parent's Day reception October 29th.
of the Code of Federal Regulations and
has also been appointed to the Texas
State Bar Committee on Law Relating
to Immigration and Nationality.
Carolyn Thomas has been
appointed as a T exas Young Lawyers
representative to the State Bar
Committee to Evaluate the State Bar
Convention.
J. Hadley Edgar is serving as
chairman of the Pattern Jury Charge
Committee which is currently revising
Volume 1 and pocket parts for Volume
3. His paper on Bonniwell v. Beech
concerning res judicata and collateral
estoppel, prepared for a State Bar CLE
program will be delivered statewide in
March and April.
Chuck Bubany served as on-site
expert for Inexpensive Justice
Teleconference sponsored by the
Texas Tech University School of Law
and the Division of Continuing
Education in Lubbock in November. He
spoke on the topic "Legal Issues: New
Legislation Concerning Ambulance
Services" for the Fourth Annual
SPEMS Update on Emergency Medical
Services, sponsored by the South
Plains Medical Services, Inc. and the
Texas Tech University Health Sciences
Center.
David Cummins is President and
Chairman of the Board of Directors of
West Texas Legal Services, a grantee
agency of Legal Services Corporation
which is funded by Congress to provide
legal services in civil matters for poor
people.
The West Texas Legal Services area
includes 104 counties with branch
offices in Fort Worth, Denton, Wichita
Falls, Brownwood, Abilene, San
Angelo, Midland, Odessa, Plainview,
Lubbock, and Amarillo. The board has
been particularly active recently due to
reductions in federal financing. Despite
hard times, the highly motivated,
dedicated staff continues to provide
high quality lawyering for poor people.
The day-to-day practice involves
gaining supplemental security income
under the Social Security Act, lodging
for evicted tenants, medical care for
indigents and providing other services
in life-threatening or sustaining matters.
Priorities have been established since
not all eligible persons can be served by
the existing capacity. As a direct result
of reduction in federal financing, pro
bono publico projects operated by the
private bar have commenced in several
cities and are under consideration in
others. West Texas Legal Services
'ALUMNI
actively encourages these new projects
as does the State Bar of Texas through
its Texas lawyers Care Program. It is
sad to note that with both a federally
funded staff program and a private bar
involvement program by generous
individual lawyers, there is still an
unmet need and demand by poor
people for legal services.
Off with the mufti - on with the
green, shirt, men's, shade 415. Four
times a month this ritual is reenacted
by Professor David Cummins who is
transformed into Lieutenant Colonel
Cummins, United States Army
Reserve. After more than twenty years,
he's still at the citizen/solider bit,
including firing the M16 rifle and going
through the gas chamber on the Meyer
Range at Fort Bliss last month.
Cummins is commander of the 22nd
Judge Advocate General Detachment
located in El Paso. He commutes to
drills without government
reimbursement for travel expenses.
That's either dedication or lunacy. He
claims it's job satisfaction as he gets to
practice law at the Staff Judge
Advocate's Office at Fort Bliss along
with the other unit officers who are all
EI Paso lawyers. A dedicated runner
and tennis player, LTC Cummins
recently finished second in the unit's
Army Physical Readiness Test. Old
soldiers (hopefully) never die-they
don their fatigues and tenni-runners.
Fullerton Elected American Bar
Foundation Fellow
Dean Byron Fullerton has been
elected a Fellow of the American Bar
Foundation, the research affiliate of the
American Bar Association.
Membership in the Foundation is
limited to one-third of one percent of
the lawyers in each state, the District of
Columbia and Puerto Rico. The
purpose of the Foundation is the
improvement of the legal system
through research.
Fullerton, who has served as Dean of
the Tech Law School since 1981, is the
second Tech law faculty member to
receive the prestigious honor. Professor
J. Hadley Edgar was elected a Bar
Fellow in 1981.
5
ALUMNI NEWS
CLASS OF 1972
MARK W. LANEY's firm has been
changed to Law Offices of Mark W.
Laney, P.C. He is certified in both
Personal Injury Trial Law and Civil Trial
Law under the Texas Board of Legal
Specialization. He is a charter member
of the State Bar College, 1983, and has
served as municipal judge for the city of
Hale Center until the present. Laney
offices in Plainview.
CLASS OF 1973
THOMAS AKINS has been elected
to the Board of Directors of the
Community National Bank in Sherman.
ANITA ASHTON has been
appointed by the Governor to the
Criminal Justice Coordinating Council.
She is officing at 419 Scarbrough
Building in Austin.
RICHARD W. CARTER was named
November 15 by Texas Governor Mark
White to Chair the Texas Crime
Stoppers Advisory Council. He is also a
member of the Board of Directors of
Crime Stoppers International, Inc.
Carter lives in Arlington, TX.
ROBERT DON COLLIER is
practicing with the law firm of Davis,
Meadows, Owens, Collier & Zachry,
2001 Bryan Tower, Suite 4000, in
Dallas.
NATHAN P. HOFFMAN is now a
sole practitioner and is officing at 1501
E. Mockingbird, Suite 407, United ,Bank
Plaza, in Victoria.
CLASS OF 1974
MARYELLEN WHITLOCK HICKS
was appointed Judge of the 231st
Judicial District Court on March 9,
1983, becoming the first black female
district court judge in Tarrant County.
LARRY C. WIESE is now officing at
2002 Millwood in Houston. He is
currently serving as chairman of the
Corporate Counsel Section of the
Houston Bar Association.
CLASS OF 1975
PATRICK A. ABEYTA has changed
his firm to Patrick A. Abeyta Law
Offices, Inc. He practices in Lubbock.
JAMES R. CHAPMAN, JR. has
formed a new firm, Batista and
Chapman, P.C., in Caldwell. The firm is
engaged in a general civil trial practice.
CLASS OF 1976
RICHARD SCHLEIER, JR. is with
the law firm of Lane, Ray, Getchell,
Forris & Schleier, 677 West Side Plaza,
550 Bailey Avenue, in Fort Worth.
MARK SHAPIRO was recently
appointed the director of the New
Mexico Public Defender Misdemeanor
Defense Project in Albuquerque. His
address is 5508 Zambra, N.E.,
Albuquerque, NM 87111.
CLASS OF 1977
BEN C. FLOREY, JR. is an Assistant
District Attorney with the Travis
County District Attorney's Office.
BOB G. MOORE is a partner in the
new law firm of Morris, Moore,
Dalrymple, Moss & Dyson in Amarillo.
CLASS OF 1978
JAMES R. GALLMAN, JR. became
the City Attorney of Texarkana, Texas,
effective January 3, 1983.
KENRIC R. HEVRON is with the law
firm of Payne & Vendig, 3800 Republic
Bank Tower in Dallas.
DOUGLAS ROMAN HILL is now a
sole proprietor officing at 131 California
Avenue, Reno, Nevada.
MICK McKAMIE was appointed City
Attorney for the City of Greenville on
August 15, 1983. His address is P.O.
Box 1049, Greenville, TX 75401.
KERRY D. WOODSON and P.
MICHAEL PAYNE ('81) have formed a
new partnership under the firm name
Payne & Woodson, 407 North
Jefferson Avenue, in Mount Pleasant,
Texas.
CLASS OF 1979
JAVIER ALVAREZ has started his
own firm in Lubbock, 1001 Main, Suite
60l.
W. MICHAEL CLAY opened his
own practice in July 1983 and is officing
at 14901 Quorum Dr., Suite 280, in
Dallas.
CHARLES A. ELLISON has
completed his military obligation and
has associated with the firm of Delaney,
Caperton, Rodgers & Miller, P.C., P.O.
Box 4884, in Bryan.
ALUMNI
6
E. EARL HARCROW is currently
practicing with the law firm of Shannon
Gracey, Ratliff & Mille~, 2200 First City'
Bank Tower, in Fort Worth.
PHIL SCHOEWE is in the business
of selling homes (approximately 150 per
year) in Lubbock. His address is 5735
Duke, Lubbock, TX.
CLASS OF 1980
MICHAEL CARPER is currently
officing at 1001 Main, Suite 718, in
Lubbock.
DONALD R. COLPITTS is
practicing with the firm of Webster &
Colpitts, 12 Old Ferry Road, in
Shalimar, Florida.
JOHN STEVEN DWYRE is
practicing law in Lubbock. His address
is Court Place, Suite 702, 1001 Main
Street.
ANGIE HENSON opened her own
law office on December 1, 1983, and is
officing at Suite 400, 6301 Gaston
Avenue, in Dallas.
DAN SNYDER is now with Seidman
& Seidman, Certified Public
Accountants, 4200 InterFirst Two in
Dallas.
'
CLASS OF 1981
ROCKY D. CROCKER is currently
employed as Assistant Regional
Counsel for American Title Insurance
Company. His address is 5110 Willow
Lane, in Dallas.
DAVID ELLIS is a partner in the law
firm of Villalba & Ellis, a new
partnership engaged in general
practice. The firm is located at 1100
Montana Avenue, Suite 203, in EI Paso.
SID HAM has left Phillips Petroleum
Company and is now associated with
REO Industries, 2505 Lakeview, Suite
200, in Amarillo.
JOHN LANCASTER is currently
with the Galveston County District
Attorney's Office, Room 405, Galveston
County Courthouse.
PHIL NICHOLS is now with the
Oxford Law Office in Hico, Texas.
P. MICHAEL PAYNE and DANNY
WOODSON ('78) have formed a new
partnership under the law firm name of
Payne & Woodson, 407 North
Jefferson Avenue in Mount Pleasant
Texas.
'
ANNUAL ALUMNI MEETING
AND RECEPTION
Thursday, March 29, 1984
Four Seasons Hotel, San Antonio, 6:30 p.m.
(in conjunction with the Annual Banking Law Institute)
Election of officers and directors ,
progress report on our new
fund-raising efforts;
State of the Law School message from
Dean Byron Fullerton
T exas Tech University School of Law
RUGGERO PROVENGHI is
officing in the Metro Building,
SUIte 608,119 N. Colorado, in Midland.
ERIC LOUIS STEIN is a staff
attorney with the Public Utility
Commission of Texas. His address is
2807 W. 50th St., Austin, TX 78731.
DAVID H. THOMAS is with the law
firm of Morris, Moore, Dalrymple, Moss
& Dyson, in Amarillo.
CLASS OF 1982
CAROLYN ROYSE opened her own
practice in Beaumont under the firm
name of Carolyn Royse & Associates.
She practices in the area of commercial
and banking law and she has been
appointed Standing Chapter 13 Trustee
for the Eastern District.
CLASS OF 1983
C. DOUGLAS CALVERT is
practicing in the area of insurance
litigation. His address is 1500 Republic
Bank Tower, in Dallas.
LUKE DAVIS is with Jones, Day,
Reavis & Pogue, 2700 Bryan Tower,
2001 Bryan Street, in Dallas.
SCOTT R. DONAHO has opened
his own office building in Floresville,
Texas. He is engaged in general
practice.
cu~rently
JAMES S. KENNEDY has relocated
his office to 505 West Abram, Suite
301, Arlington, TX 76010.
H. CHRISTOPHER MOTT is with
Hagans, Ginnings, Birkelbach, Keith &
Delgado in EI Paso.
DEBBIE R. PISTONE is associated
with the firm of Quast & Glenn, 3000
Turtle Creek Plaza, Suite 203, in Dallas.
KARLA SEXTON is Assistant
County Attorney for Brazos County. In
November 1983 she married Gareth
Knowles, an assistant professor at
Texas Tech.
G. DAVID SMITH was married on
May 21, 1983, to Barbara Theall of
Abbyville, Louisiana. He ·practices in
Odessa.
JAMES B. SPAMER is with the firm
of Pendergraft, Elam & Simon, 1400
Post Oak Boulevard, Suite 600, in
Houston.
ROBERT C. STROUP is officing at
2012 Continental Life Building, in Fort
Worth.
KEVIN L. WILLIAMS is with the law
firm of Gibson, Ochsner & Adkins, 500
First National Bank, in Amarillo.
7
ALUMNI
TECH GRADUATE
APPOINTED BY
PRESIDENT'S
COMMISSION
PLACEMENT POSITIONS
ed. note: Since we first began
publishing the "Positions Available"
section in the Cornerstone, our
listings for graduates have
quadrupled in number. We are
pleased to announce a new service
for alumni - instead of publishing the
job openings in the Cornerstone,
beginning February 1, we will mail
the list on a bi-monthly basis to
interested graduates.
The new service will keep
graduates better informed of
employment possibilities and will
insure the fact that the job
information is current and accurate.
The first mailing of our new
"Placement Postings" will be to all
law school alumni; however,
included with the first issue will be a
form on which graduates can
indicate whether they would like to
continue receiving the listings.
We hope this service will be
beneficial to graduates who may be
anticipating a career move.
We gladly welcome any
suggestions.
THERESA HEBERT
The President's Commission of
Executive Exchange has appointed
1977 Texas Tech law graduate Theresa
R. Hebert to a one-year assignment
with the Federal Reserve Board (FRB).
Ms. Hebert is currently on a leave of
absence from her position at Exxon
Company as an attorney in the
Headquarters Corporate Law section.
Her assignment with the FRB, which
began on September 19, 1983, is to
serve as Special Assistant to the
General Counsel. In this capacity, she
assists the General Counsel on legal
matters relating to FRB activities,
including representing the General
Counsel in his absence on the
Administrative Conference of the
United States.
The President's Commission on
Executive Exchange was created in
1969 to provide a year's experience in
the opposite sector for high caliber
executives from business and
Government. Candidates are
personally nominated by a
corporation's Chief Executive Officer
December 1983 graduate Pamela Duran-Francois poses here with mother-in-law Renee Francois, an
attorney and businesswoman in Paris, France, who traveled to Lubbock to hood Pamela in the
graduation ceremony.
for the Government program, or by a
Federal Department's Cabinet Officer
or Agency Head for the business
program.
Ms. Hebert commutes between her
home in Houston and Washington,
D. C. She returned to Houston after
spending over two years as Exxon's
attorney for Alaska Operations in
Anchorage, Alaska. She is a member of
the Texas and Alaska State Bar
Associations.
SPOTLIGHT
8
SUPER-COACH CREDITS STUDENTS
By: Preston Lewis, Texas Tech University News & Publications
Don Hunt takes off the jacket to his
three-piece suit and hangs it over the
back of a chair in his unadorned law
school office.
He straightens the coat. Now he is
down to shirtsleeves and that means he
is down to business, most often as one
of Texas' leading appellate attorneys or
as an adjunct law professor at Texas
Tech University.
As an appellate lawyer, Hunt spends
much of his time in a law library
burrowing through the legal issues and
merits behind a case. When he does
surface in appellate court, the glare of
the public spotlight is usually dimmer
than in the trial courtroom.
But in the last four years, soft-spoken
Donald M. Hunt has had a national
spotlight for his work with the Texas
Tech Law School's moot court and
mock trial teams. Since 1980 he has
coached a national championship team
in each category-the only man ever to
do so-and has come within a
tiebreaker of winning a third national
title. He credits his students, not
himself for the titles.
"The success the Texas Tech School
of Law enjoys has been because of the
students. Some of the best law students
you will find anywhere come my way."
For the law teams, Hunt ·seeks
students with good "communicating
and personalizing" skills and with plenty
of self-confidence.
"If I do anything at all that helps the
students, it is attempting to be the burr
under their saddles," Hunt said.
One former team member, who
spent hours practicing oral arguments
before him, agreed. "He's good about
leading you out on a limb and sawing it
off behind you."
Hunt responded, "Any good lawyer
can pick apart a superficial argument
and that's about all I do. It's not any
different than most coaches."
"The difference, if there is one," Hunt
said, "lies where we attempt to begin at
T exas Tech. We start out with the
premise we can win it all and look for
people who believe they can do it.
Once students have that confidence
and believe it is not foolish to think they
can win it all, about all a coach can do
is provide the method for achieving
their goal. We find those who believe in
themselves and who will make a
sacrifice for what they believe."
Those are the same type of demands
Hunt makes on himself. A partner in
the Lubbock law firm of Carr, Evans,
Fouts and Hunt, he spends some 350
hours annually teaching appellate
advocacy classes and coaching the
mock trial and moot court teams in the
Texas Tech School of Law. He spends
another 50 plus hours - all this in
addition to his law practice demandsof extra practice time with the teams
when they qualify for the national finals,
as the 1984 moot court team has. That
team will compete in the national finals
Feb. 6-8 in New York City.
Moot court competition replicates
the legal research, brief writing and oral
arguments typical of taking a case to a
court of appeals. Mock trial
competition involves all aspects of a
trial in a court of original jurisdiction,
including presenting witnesses, crossexamining, giving opening and closing
statements and presenting summations.
"In these competitions you begin with
a balanced problem," Hunt said. "The
law is equal on both sides. The factors
which determine who wins or loses are
student skills, and a lot of that is
subjective. It's like looking at art.
You're not certain why you like one
picture over another but you do."
Hunt said he teaches his students,
just as he employs in his appellate
practice, the idea that the court is a
friend and should be treated as such.
"Here's a judge with a tough case
with right and wrong on both sides and
a tough decision to make," Hunt said.
"The judge would much rather have an
advocate who writes a fair, accurate
and candid brief and makes the same
sort of oral presentation in a way that
says 'I recognize you have a problem, I
want to help, here is my answer' than
one who comes on like a tiger."
That approach has brought national
championships to Hunt's teams and
respect from his legal colleagues for his
appellate finess. Hunt has been
involved in more than 150 appellate
cases and is editor and principal author
of the Texas Appellate Practice
Manual, published by the State Bar of
Texas for law students.
Texas Tech Law School Dean Byron
Fullerton said Hunt possesses skills
which make him an "extremely fine
appellate lawyer." He is a very good
writer, a perfectionist, a stickler for
detail and a setter of high standards for
himself and others, Fullerton said.
Hunt began to hone many of those
skills during his peripatetic college
education at McMurry College. Before
he finished in 1956 with a degree in
speech, he had majored at various
times in English and journalism, which
sharpened his language and writing
skills, and math, which refined his logic.
In speech, he enhanced his oral skills
by active debate participation.
His desire to attend McMurry and
later the University of Texas Law
School was nurtured by his parents and
"an early bout with manual labor." His
mother is a retired school teacher and
his late father was a Methodist minister.
During his childhood he heard a lot of
sermons and moved a lot with his
family.
"On the first day at a new school
when I was in the second or third
grade," Hunt recalled, "the teacher
asked what my father did. I said he
didn't do anything, just talked on
Sunday."
However, all the moves probably had
a greater effect on his legal skills than
all the Sunday talking, Hunt said.
"We moved about every two years
and I was continually subjected to new
situations where I had to sink or swim,"
Hunt said. "That tends to make you
resourceful and sooner or later you get
a little confidence in yourself."
When Hunt finished law school in
1961, he came to Lubbock to attend
the wedding of a classmate, Daniel H.
Benson, now a T exas Tech law
professor. While in town Hunt
9
SPOTLIGHT
CHAMPION COACH - When it comes to moot court and mock trial competition, few coaches can
get a leg up on Donald M. Hunt, architect of two national titles for the Texas Tech School of Law.
The Lubbock attorney and adjunct professor of law took teams to the national moot court title in 1980
and the mock trial crown in 1982. Hunt sits behind the Alvin R. Allison Cup which his latest moot
court team claimed by winning the regional title this year. (TECH PHOTO)
interviewed for a position he had seen
advertised on a bulletin board by a local
law firm. He was hired, admitted to
partnership later and since 1964 has
specialized in appellate cases.
Hunt said he enjoys arguing a case
before an appellate court, but those
minutes in the courtroom are preceded
by hours in a legal library researching
court decisions, looking for a new case
that might apply, coming up with new
legal theories and writing a solid brief.
"That is not very exciting," Hunt
said. "But, it is very rewarding to put
together a definitive piece of writing
that is persuasive. The thrill in good
writing comes about with the
anticipation that here is something that
will help the court and cause the other
side a good bit of anguish."
In his law practice, like his legal
coaching, he has been successful over
the years, but Don Hunt the appellate
attorney cannot give you a win-loss
record like Don Hunt the law team
coach. He does not even try.
"Many times you will have a terrible
case where there's not much you can
do," Hunt said, "but you may end up
with a win in the sense you win all you
can. The client wouldn't think of it as
that, but there are some things you
cannot change.
"By accepting those things you
cannot change and changing all the
things you can, sometimes you have a
victory no one else perceives as such,"
Hunt said. "Some of the best work I
think I've done has been in those cases
that, from the standpoint of everyone
involved, were losses. What did happen
is that I denied a substantial part of the
victory to the other side."
ed. note: "Spotlight" is a new section of the Cornerstone created to feature the accomplishments of
Law School alumni, faculty, and supporters. Readers' suggestions for "Spotlight" are welcome.
10
LIBRARY
COLLECTED WRITINGS
ed. note: In the last issue of the Cornerstone, we ran a partial listing of scholarly student writings which have been collected by the faculty and indexed
under the direction of Associate Law Librarian Carolie Mullan. Alumni may obtain a copy of a paper by simply writing or calling Carolie Mullan, Texas
Tech University Law Library, Lubbock 79409, (806) 742-3963. The charge is .20 per page which can be sent with the request or the library staff will send a
bill with the paper.
CORRECTIONS
Davis, Michael P. "Correction Officials
Sing: Who's Afraid of Big Bad Wolff."
1976-77, 24p.
CRIMINAL LAW
Cook, James E. "An Essay on the
Statute of Frauds." 1976-77, 38p.
Flynn, Robert Allen. "An Interpretation
of the Texas Criminal Attempt
Statute." 1974-75, 31p.
Garms, Nancy Sample. "A Study of the
Attitudes of State District Judges in
Texas Toward Restitution." 1978-79,
15p.
Palmer, Richard L. "The Application of
TERRY v. OHIO by the Lower
Courts." 1971-72, 26p.
EDUCATION LAW
Smart, James H. "Education, Testing
and Law." 1973-74, 40p.
ENERGY
Duncan, Laurence L. "Legal Aids and
Impediments to Solar Access." 198182, 31p.
Hulett, Jimmy D. "Electric Utility
Regulation: A Light at the End of the
Tunnel."
Kuhne, Cecil. "Allocation and Pricing of
Energy Resources." 1977-78, 21p.
Livengood, Sandy. "Geothermal
Energy: An Overview of Technology,
Legislation, Regulation and
Litigation." 1981-82, 19p.
Richards, David L. "Government
Incentives for Energy Resource."
Teuton, Robert W. "Legal Protection of
Privately Owned Solar Energy
Units." 1976-77, 33p.
Tillery, Dale. "Cogeneration: The
Regulations Affecting It and Its
Primary Problems." 1981-82, 25p.
Turner, James L. "Solar Energy: The
Ultimate Energy Resource." 1978-79,
41p.
ENVIRONMENTAL LAW
Duran, David. "Oil Spills from Offshore
Drilling: A Pollution Problem and a
Legal Problem, and Federal Efforts to
Solve Them." 1976-77, 36p.
Huffman, Walter B. "The Military and
the Environment: Application of
NEPA to Military Base Closings."
1976-77, 31p.
Kuhne, Cecil. "Clearcutting as
Management Policy of National
Forest Lands." 1976-77, 37p.
Luckett, James H. "The Destructibility
of Scenic Easements." 1972-73, 26p.
ESTATE PLANNING
Campbell, Benny. "The Effective Use of
Life Insurance as an Estate Planning
Tool." 1980-81, 76p.
Cook, James E. "Estate Planning for a
Middle Income Family." 1975-76,
25 p.
Hoffman, William H. "Estate Planning
for Agricultural interests." 1975-76,
31p.
Hollmann, Daniel J. "Estate Planning
Techniques for Farmers and
Ranchers." 1975-76, 22p.
O'Neal, Terry. "Estate Planning
Problems." 1973-74, 21p.
Tinsley, Ed. "Estate Planning for the
Farmer and Rancher." 1975-76, 24p.
ESTATES
Collins, Lynn. "The General Powers of
the Fiduciary." 1971-72, 20p.
Hall, Jess, Jr. "Qualification, Selection,
Appointment and Removal of
Fiduciaries, and Their Right to
Compensation." 1971-72, 21p.
Lockhoof, W. Reed. "The Liability of
Fiduciaries for Breaking Their Duties
and Standards - Who May Enforce
Such Duties-Jurisdiction and
Venue of Courts as to Such Action."
1971-72, 46p.
Marshall, Marvin F. "The Duty of the
Fiduciary to Account and the
Problems of Apportionment of
Principal and Income Received,
Including Premium and Discount
Bonds, and Principal Used in
Business." 1971-72, 23p.
Martin, Jack. "Fiduciary
Administration - Dividend
Apportionment and Related Stock
Rights." 1971-72, 26p.
EVIDENCE
Atkins, Winifred E. "Other Crimes of
the Accused in Texas Law." 1975-76,
33p.
Falls, Wm. David. "Competency Under
Article 3716." 1976-77, 38p.
Hammer, Robert. "The Scope of the
Residual Exceptions, 803 (24) and
804 (b)(5). 1980-81, 28p.
Huffman, Walter B. "Should the
Military Adopt the Federal Rules of
Evidence." 1976-77, 50p.
McCallum, Franklin Howard, Jr. "The
Texas Law of Evidence." 1974-75,
65p.
Ward, Clovis Michael. "The Rationale
Behind the Admissibility of Oral
Confessions in Texas." 1976-77, 11p.
EXECUTIONS
Stedman, Susan Jane. "The Battle for
the Right to Televise Exeuctions."
1977-78,24p.
FAMILY LAW
Mayfield, Kathryn J. "Paternity: The
Current Status of a Limitation
Statute." 1981-82, 25p.
FREEDOM OF INFORMATION
Lemmons, Robert, "The Freedom of
Information Act and the EPA
Proposed Regulation on Exemption
(B) (4)." 1976-77, 37p.
GRAND JURY-TEXAS
Crowley, Michael J. "Alternatives to
the Texas Grand Jury." 1976-77, 49p.
INDIAN LAW
Royse, Carolyn R. "The History of
Indian Land Allotments and the
Present Status of Development of
Reservation Land Resources." 198081, 37p.
JUDGE-MADE LAW
Fuller, Jamie. "Shaping the Consensus:
The Judge as an Agent of Social
Reform in Britain and the United
States." 1980-81, 45p.
LIBRARY
JURISDICTION
Baynham, Jeff. "Preemptory Challenge:
FEDERAL COURTS v. COURTSMARTIAL." 1971-72, 64p.
Degeurin, Mike. "The Future of the
Adequate State Ground as a
Limitation on Supreme Court Review
of State Court Decisions." 1971-72,
31p.
Raup, Cal L. "State Court Jurisdiction:
The Long-arm Reaches Domestic
Relations Cases." 1974-75, 63p.
JUVENILE LAW
Runge, Barbara. "The Texas Juvenile
Code, a Comparison Between Old
and New." 1973-74, 56p.
LANDLORD AND TENANT
Cochran, Virginia E. "Landlord-Tenant
Law Reform-Implied Warranty of
Habitability: Effects and Effectiveness
of Remedies for Its Breach." 1973-74,
28p.
Runge, Barbara K. "Current Expansion
of Landlord-Tenant Law." 1972-73,
34p.
Whitlock, Mary E. "SlumlordismPossible Tenant Remedies." 1973-74,
24p.
LEGAL ETHICS
Baker, William Garry. "Legal Ethics
Problem." 1976-77, 13p.
Barbee, Robert. "Legal Ethics
Problem." 1976-77, 16p.
Beall, Thomas A. "The Ethical Conflict
of Client Confidentiality and
Candor." 1980-81, 44p.
Cashion, Shelley J. "Legal Ethics
Problem." 1976-77, 15p.
Creswell, C. Edward. "SubstitutedJudgment: Legal Fiction and Ethical
Fact." 1978-79, 46p.
Ebeling, Delinda. "Legal Ethics
Problem." 1976-77, 14p.
LIVESTOCK MARKETING
Wright, William Butts, Jr. "The Packers
and Stockyards Act." 1974-75, 25p.
Young, Michael. "The Packers and
Stockyard Act." 1975-76, 19p.
MARITIME LAW
Davis, John M., Jr. "Regional Control
of the Regional Seabed: A Proposal."
1972-73,25p.
11
TEXAS TECH LEGAL
RESEARCH BOARD
Providing quality legal
research to attorneys
Student staff members selected for their
research and writing abilities prepare legal
memoranda at low cost to attorneys.
For more information, call or write:
TEXAS TECH LEGAL RESEARCH BOARD
Texas Tech University School of Law
Lubbock, Texas 79409-0001
(806) 742-3784
MECHANICS LIEN
Keithly, John. "Mechanic's and
Materialmen's Liens and the IRVING
Decision." 1972-73, 18p.
Stewart, John. "The Constitutional
Lien." 1971-72, 27p.
MILIT ARY LAW
Bartley, H. Michael. "Military Law in
the 1970's: The Effect of
SCHLESINGER v.
COUNCILMAN." 1975-76, 15p.
Huffman, Walter. "Subject-matter
Jurisdiction from O'CALLAHAN to
COUNCILMAN." 1976-77, 51p.
Smith, J. Bonner. "The Speedy Trial
Requirement in Military Law as It
Affects Both Pretrial and Post-trials
Delay." 1975-76, 30p.
MINERAL RIGHTS
Owens, Gregg. "The Radiation of Sun."
1972-73, 22p.
MINING LAW
Avant, Jim F. "The Reed Decisions:
Are Coal and Lignite Included in Oil,
Gas and Other Minerals?" 1980-81,
25p.
Morris, Mark G. "Consent Provisions
of the Federal Surface Mining
Control and Reclamation Act of
1977-an Effect on Western Coal
Lands?" 1978-79, 24p.
MORTGAGES
Combest, Waynene. "Non-Judicial
Foreclosures." 1974-75, 35p.
Edins, Gerald W. "Validity of "Due-On"
Clauses Granting Mortgagee the
Right to Accelerate Balance Due on
Mortgage in Event of Transfer or
Further Encumbrance of Mortgaged
Property." 1976-77, 27p.
NUCLEAR POWER
Jones, Virgil E. "Management of
Radioactive Wastes from
Commercial Nuclear Power Plants."
1978-79, 32p.
Kitzmiller, Ken. "Nuclear Licensing
Reform." 1977-78, 31p.
Murray, Brian E. "The Scope of Federal
Regulation of the Transportation of
Nuclear Waste." 1981-82, 18p.
Nicholas, T. B. Jr. "The Myth of
Carlsbad, New Mexico and the Safe
Disposal of Nuclear Wastes." 198182, 24p.
LET US KNOW .. .
THE CORNERSTONE
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award. We would all enjoy seeing your name in the next issue of the
Cornerstone . . .
Vol. 2, No.2
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In the Alumni News section of the fall
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announced that Louis P. Gregory had
become a partner in the San Antonio
law firm of Groce, Locke & Hebdon.
Gregory is an associate with the firm of
Vineyard, Self & Veuttenmuller in
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