The University of Virginia School of Law
Fall 2013
Judging the Bench
“[The] practice of Judge Marshall of travelling out of his case to prescribe what the law would be
in a moot case not before the court, is very irregular and very censurable.”
—Thomas Jefferson to William Johnson, 1823.
Upcoming Alumni Events
February 19
Atlanta Luncheon
Four Seasons Hotel
February 19
Birmingham Reception
Summit Club
February 26
NYC Luncheon
Yale Club
March 6
Northern Virginia Reception
Home of Mike Lincoln ’91, McLean
March 18
Tampa, Fla., Reception
The Westin Tampa Bay
May 9 – May 11
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Charlottesville
June 4
Washington, D.C. Luncheon
Mayflower Hotel
June 12
Richmond Reception
Virginia Historical Society
For Latest on alumni events: www.law.virginia.edu/alumni
from the dean Paul G. Mahoney
…
Beyond Standard Legal Analysis
P
olitical science, like economics, was once principally
the province of normative and theoretical analysis
based on narrative description, but has in recent decades
shifted to positive inquiry based on statistical analysis
and mathematical models. This shift is visible to lawyers
particularly in writings on Congress and the courts.
Political scientists try to explain the behavior of legislators
and judges through mathematical modeling of voting
driven by preferences over a one-dimensional policy
space. They test the resulting predictions against data by
attempting to measure the preferences of the decision
makers and the outcome of the voting or deliberative process.
Inevitably, legal academics with quantitative training, some of them at Virginia, have
followed suit. And, perhaps equally inevitably, judges have paid attention to writings by
law professors that suggest that judicial behavior in the aggregate is predictable based on
non-legal characteristics.
In this issue of the UVA Lawyer, we gather views from our faculty and from alumni
on the bench on the topic of judicial decision making. In a Virginia Law Review article in
1997, NYU Professor (and later Dean) Richard Revesz presented empirical evidence on the
impact of judges’ ideological preferences on their decisions. He studied a limited subset of
cases involving procedural challenges to environmental regulations in a single court, the
D.C. Circuit. Unlike politicians, judges do not publicly proclaim their ideological leanings,
so one must use an observable proxy. The standard proxy in the political science literature
for a judge’s ideology is the party of the President who appointed that judge. Using that
proxy, Revesz concluded that a judge’s ideological preferences play a role in his or her votes
on a multi-judge panel.
Revesz’s article drew a spirited response from Judge Harry Edwards of the D.C. Circuit,
prompting a rebuttal from Revesz. In many ways, the interchange reflects core differences
between legal and formal empirical thinking. Limiting the sample to cases raising similar
issues in a single court can help a researcher filter out noise and boost the ability to find
a relation between variables, but it does raise a question of validity outside the limited
scope of the sample. Those questions can be resolved through a combination of theoretical
analysis (is there any reason to believe that these cases or judges are so different from
others that the results cannot be generalized?) and through further empirical tests on other,
dissimilar samples.
But lawyers often respond by dismissing out of hand the notion that we can learn
anything by looking at a sample rather than the entire population, and Edwards did so
in his critique of Revesz. The notion of using an observable proxy for something that is
unobservable also strikes lawyers as absurd. I suspect this is because we as lawyers tend
to focus on the outcome of a specific case rather than average tendencies. Empirical tests
identify tendencies but can’t tell us what will happen in a specific case, and many lawyers
therefore find them useless.
In order to shed light on these and other differences in viewpoint, we interviewed
Judges Eugene Siler ’63, LL.M. ’95 of the Sixth Circuit, Boyce Martin ’63, formerly Chief
Judge of the Sixth Circuit, Myron Steele ’70, LL.M. ’04, Chief Justice of the Delaware
Supreme Court, and Cynthia Kinser ’77, Chief Justice of the Virginia Supreme Court.
We also convened a panel of professors whose research involves judicial decision
making. Always a leader in interdisciplinary legal research, Virginia’s faculty has
contributed significantly to work at the intersections of law and political science and law
and psychology.
This issue also contains an interview with Judge J. Harvie Wilkinson III ’72 of the
Fourth Circuit, who brings the perspective of a former professor to the bench. He speaks
about the latest of his five books and perhaps his most controversial: Cosmic Constitutional
Theory: Why Americans are Losing Their Inalienable Right to Self-Governance. The book
explores and critiques the use of constitutional theory in judging. In the book and in the
interview, Judge Wilkinson presents a learned and impassioned defense of the judge as
interpreter of legal texts, not as expositor of comprehensive theories.
We also include an opinion piece by Professor Richard Shell ’81 of the Wharton School
of Business at the University of Pennsylvania. It is no secret to our many graduates who
have achieved success in business, finance, public service, and other non-legal careers that
the analytical training offered at Virginia and other top law schools is extremely, perhaps
uniquely, useful in a broad range of callings. An increasing number of law students arrives
thinking explicitly about potential career paths that diverge from legal practice. Professor
Shell offers his thoughts about how law schools can better serve those students.
Each of these pieces pushes beyond standard legal analysis and practice. I hope you
find them informative and enjoyable.
Departments
Feature stories
1
25
Beyond Standard
Legal Analysis
From the Dean
Judging the Bench:
Empiricism in the Legal Academy
4
38
Law School News
A Nation Mesmerized and Seduced
42
Faculty News
& Briefs
53
Class Notes
82
In Memoriam
83
In Print
89
Letter to the Editor
90
Opinion
Rethinking Success
at Law Schools
Fall 2013 Vol. 37, No. 2 | Editor Cullen Couch Associate Editor Denise Forster Contributing Writer Rebecca Barns Design Roseberries Photography Tom Cogill, Cullen Couch, and Mary Wood
Law School News
Advocacy | Brian McNeill
15 Years of Fighting for Children
in Virginia
C
laire Blumenson ’11, who earned a
master’s degree in teaching and served
with Teach for America before attending
UVA Law, continued to build her career
around helping children by taking the Child
Advocacy Clinic in law school.
“It gave me really great practical skills,”
said Blumenson. “I wish I could have taken
three years of the Child Advocacy Clinic.”
For Blumenson and many other former
clinic students, the course was a formative
experience that continues to influence their
careers working on behalf of children. Twelve
graduates who took the course returned
to the Law School this fall to celebrate the
15th anniversary of the clinic and speak at
conference marking the occasion, “Fighting
for Children: Education, Advocacy and the
Law,” on October 18 and 19.
Blumenson said her experience in the
clinic—in which law students work with
the Legal Aid Justice Center’s JustChildren
Program to represent low-income children
in Virginia—provided her with an education that helped inspire her career.
Blumenson recently co-founded a nonprofit organization called the School Justice
Project, which provides no-cost special
education legal representation to courtinvolved 17- to 22-year-olds in Washington,
D.C. (See related story in 2011 Class Notes.)
“I think about the Child Advocacy
Clinic constantly because everything we
do is so similar to the work that [clinic instructors Angela Ciolfi ’03 and Kate Duvall
’06 were] doing,” she said. “You see how to
build a case over time. You learn lawyering
skills, as far as case management and organization. And you’re learning it all within
Legal Aid, which is really great.”
The conference covered topics such as
emerging constitutional theories for the
protection of children and strategies to
break down the school-to-prison pipeline.
It also featured panels aimed at law students
interested in working in child advocacy or
Members of the Child Advocacy Clinic discuss
cases in the spring of 2012.
UVA Lawyer / FALL 2013 5
Law School News
…
incarcerated, was taking college classes
public interest careers, as well as those interand appeared to pose no risk to the comested in pro bono work at law firms.
munity. Although the students and their
Martha Levick, deputy director, chief
supervising attorneys precounsel and co-founder of
sented substantial evidence
the Juvenile Law Center
of her progress and lack of
in Philadelphia, delivered
risk, her sentencing judge
the keynote address, “The
rejected the request for
Same, Only Different:
suspending her adult time
The Re-emergence of
and sent her to adult prison
Constitutional
Rights
when she turned 21.
for Children.”
After more than two
“I am thrilled that so
years of effort, Block and
many of our former stuthe clinic students had one
dents are doing this work,”
chance left to shorten her
said Andy Block, director
sentence—they wrote to
of the Child Advocacy
then-Governor Timothy M.
Clinic. “It was a great
Andy Block
Kaine in April 2009 and reopportunity for current
quested that he grant Shelton
students to meet these
a conditional pardon.
amazingly talented attor“It was a great
“Like many children
neys and get some wisdom
opportunity for current
who commit crimes, and
and inspiration as they
students to meet these
many young people generthink about their futures.”
amazingly talented
ally, Whitney Shelton is
Since the Law School
attorneys and get some
not the same person she
and JustChildren launched
was when she committed
the course in 1998, the
wisdom and inspiration
her offenses six year ago,”
clinic has directly repreas they think about
the clinic wrote to Kaine.
sented between 200 and
their futures.”
“She has grown up. She has
300 young clients on issues
changed. She is remorseful
ranging from criminal
for her actions. What is more, she has been
appeals to educational concerns, and its
punished and is not a risk or threat to the
policy work has helped hundreds more
community should she be granted the opacross Virginia.
portunity to return.”
One former client participated in the
Kaine ultimately agreed, releasing
conference. Whitney Shelton was originally
Shelton from prison just before Christmas
tried as an adult in 2003 for her participain 2009, subject to certain conditions, intion, with two adult, male co-defendants,
cluding 10 years of probation.
in a series of crimes including robbery,
Shelton, who is now 27, has since earned
abduction and carjacking. Under a plea
a two-year degree in mechanical engineerdeal, Shelton, then 16, received a blended
ing and is preparing to move to Texas to
sentence of both juvenile and adult time.
pursue a four-year degree.
After Shelton’s family contacted the
“I almost felt safer in the arms of the
clinic with concerns about her treatment
law students because they were eager to
nearly two years into Shelton’s sentence,
learn and fight and get to the bottom of evstudents successfully fought to improve
erything they possibly could,” Shelton said.
conditions at the juvenile prison, and to
“The students were just willing to do anysuspend Shelton’s adult prison sentence.
thing and everything. They just diligently
Shelton, they found, was a model
fought so hard.”
prisoner who felt sincere remorse for her
Block said the key to the clinic’s success
actions, graduated from high school while
6 UVA Lawyer / FALL 2013
has always been the people—the supervising attorneys, students and the clients.
“We have had great faculty and adjunct
supervisors at JustChildren, most of whom
now are former clinic students themselves,
and talented and hardworking students
who get moved and inspired, I think, by the
children they represent,” he said.
Clinic alumna Jeree Thomas ’11 joined
JustChildren as a Skadden Fellow that fall,
and now is a staff attorney with the organization. In the last two years she has helped
incarcerated children get access to appropriate educational services in juvenile facilities.
“We’ve actually had some success
making sure that youth in correctional centers receive the education they are entitled
to under the law,” Thomas said. “Now youth
in some of our deep-end juvenile facilities
have access the educational services even
when they are placed in restrictive behavioral units.”
In the clinic and as a summer intern
for the JustChildren Program, Thomas
explored different areas of law that affect
children, including special education cases,
such as representing a child with disabilities
who was facing discipline issues. And she
also worked on the case of Edgar Coker, a
young man who was falsely accused of rape
at the age of 15.
“When I started my summer as an
intern, the first memo I wrote was whether
or not we could file a habeas [petition] in
that case,” she said.
At the upcoming conference, Thomas
appeared on the panel, “Bringing Them
Home, Keeping Them Home: Deinstitutionalizing Children.”
Janet Van Cuyk ’04, another clinic
alumna who appeared on that panel, is
the legislative and research manager of the
Virginia Department of Juvenile Justice, a
role that includes providing information to
Virginia lawmakers on the impact of juvenile justice legislation.
Prior to enrolling at UVA Law, Van
Cuyk worked in a juvenile correctional
center as a rehabilitation counselor, running aggression management groups and
Law School News
…
Alumni involved in the Child
Advocacy Clinic returned to
Charlottesville for the clinic’s
15th anniversary and to
take part in the “Fighting for
Children” conference.
facilitating basic counseling for committed youths.
She then earned a master’s
degree in social work in
2001 and interned with the
Richmond Court Service
Unit of the Department of
Juvenile Justice, where she
saw how the state provides
services to juveniles before
and after being committed.
“I fell in love with the
court process and went to
law school thinking that I
would become a [guardian
kindergarten age get referrals from hospital
ad litem] or juvenile attorney,” she said. “But
sites and connects with families to represent
I chose this path because I saw that it [inthe children, often on education and other
volved] a macro influence on juvenile justice
issues that benefit from early intervention.
policy in the state.”
“Their families are ill-equipped to help
While in the Child Advocacy Clinic,
them when they’re struggling to get by
she was able to explore a different aspect of
every day,” he said. “Getting them the right
juvenile justice.
services can make a huge difference.”
“Prior to law school, I had only seen
Before attending UVA Law Hausman
the direct care perspective providing sertaught government and
vices and supervision to
psychology at a high school
at-risk youth versus the “I almost felt safer in
in Northern Virginia. At
advocacy perspective,” she the arms of the law
the Law School, he took a
said. “It was a great experistudents because they
number of education law
ence. The focus at that time
were
eager
to
learn
courses in addition to the
was on special education
Child Advocacy Clinic.
law. I got to advocate for and fight and get to the
He said he wanted to
folks seeking appropriate bottom of everything
bring the same level of orga[individualized educational
they possibly could.”
nization he saw in the clinic
programs] and educational
and at the Legal Aid Justice
services in public schools
Center to his current job.
which can have both an individual and a
The clinic, he added, provided the ideal
systemic impact.”
training ground because of the individual
Dan Hausman ’12, a current Powell
attention and feedback students received.
Fellow working as a staff attorney for the
“You were able to work on cases in the
Chicago Medical Legal Partnership for
way that you’d ideally like to be able to do
Children, spoke at the conference as part of
every case,” he said. “It doesn’t always work
a panel on “Breaking Down the School-tothat way because here I’ve got a million
Prison Pipeline.”
cases, but it’s good to know what you’re
At the Medical Legal Partnership,
working towards.”
Hausman helps children younger than
Third-year law student Shannon Parker
enjoyed the clinic so much during her
second year that she worked with Block to
create an additional opportunity to take part
in the clinic during her third year as well.
Parker and two other classmates are taking
advantage of the third-year option now.
“My experiences in the clinic have been
incredibly useful for my career,” Parker said.
“I have been exposed to a variety of legal
issues that children face. My specific interest is to represent kids in abuse and neglect
cases, and oftentimes my clients will face legal
issues outside of the abuse and/or neglect.
By having some experience with education
law, immigration law and the juvenile justice
system, I can provide more comprehensive
and holistic representation for my clients.”
When asked how the clinic has evolved
over the last 15 years, Block said that clients
like Whitney and students like Parker are
what the clinic has always been about.
“The clinic has always had two primary
goals: creating opportunities and second
chances for our clients, while at the same
time challenging our students and giving
them the skills and experiences necessary
to become great lawyers and advocates for
children,” he said.
UVA Lawyer / FALL 2013 7
Law School News
…
POLITICS & FINANCE | Brian McNeill
How do the corrupt donor and corrupt
politician assess one another’s credibility?
With campaign finance disclosure records,
Gilbert and Aiken suggest.
“How do I know this politician is going
to follow through? Well, if I can look at 10
years of disclosure records and see that everybody who’s funneled $10,000-plus to this
Court has already suggested that so long as
person subsequently gets a vote, then that
campaign contributions are disclosed, there
gives me faith that this person is actually
should be little concern about corruption.
going to follow through,” Gilbert said.
In “Disclosure and Corruption,” howevThe paper does not claim that diser, Gilbert and Aiken suggest that campaign
closure is necessarily a bad idea or that
finance disclosure might exacerbate corrupdisclosure
causes
cortion rather than reduce it.
ruption,
Gilbert
said.
“Here’s the basic theory: “On balance, disclosure
“The claim is that this
If I want to buy a candidate’s reduces corruption.
is complicated,” he said.
vote and the candidate wants
But it doesn’t have to
“Disclosure might reduce
to sell me that vote, we can’t
be
that
way.
It
could
corruption
by
expossign an enforceable contract.
ing illicit deals, but it can
Courts don’t enforce illegal also be that disclosure
simultaneously
facilitate
contracts,” Gilbert said. “So makes it worse.”
corruption by giving the
the only way this quid-proparties greater certainty that
quo happens is if we trust
if they try to do [a corrupt] deal, it’s going to
each other. I have to be confident that if I
pay off for them—the other side is going to
give you the money today, you’re going to
follow through.”
give me the vote six months from now.”
In Light of McCutcheon, Does
Disclosure Deter Political Corruption?
T
he U.S. Supreme Court heard oral
arguments in October in a case testing the constitutionality of federal limits on
aggregate contributions by an individual to
a candidate, political action committee, or
political party.
Central to the case is the commonly
held belief that campaign finance disclosure
deters political corruption. But that belief is
untested and might be flawed, according to
a new analysis by Professor Michael Gilbert
and co-author and third-year student
Benjamin Aiken.
Although individual donors can give
$2,600 to a particular federal candidate, federal law limits the total of what can be given
to all campaigns and political organizations
during an election cycle. The government
argued in McCutcheon v. Federal Election
Commission that the aggregate limits—$123,200 for the
2013–14 election cycle, with
a maximum of $48,600 to all
candidates and $74,600 to all
PACs and parties—remain
necessary to prevent political
corruption.
Opponents, such as
Alabama conservative activist Shaun McCutcheon and
the Republican National
Committee, argue instead
that the overall campaign
contribution cap is an unconstitutional infringement
on political speech. And,
they point out, the Supreme
Professor Michael Gilbert
(left) and 3L Benjamin Aiken
co-authored “Disclosure and
Corruption,” an article with
implications for McCutcheon v.
Federal Election Commission.
8 UVA Lawyer / FALL 2013
Law School News
…
There have been no empirical studies
testing the theory that disclosure reduces
corruption, Gilbert said, partly because it
would be difficult to measure what is meant
by “corruption,” but also because there is
little interest in proving something that
nearly everyone believes to be true.
“It may be that the conventional wisdom
is right: On balance, disclosure reduces
corruption. But it doesn’t have to be that
way. It could also be that disclosure makes
it worse,” he said. “We’re not trying to
make a bold claim that we can’t support,
like ‘Disclosure’s always bad’ or ‘It’s always
good.’ We’re just trying to think through the
theory carefully and completely.”
Gilbert and Aiken write that their analysis has implications for the law.
In McCutcheon, the appellant is asking
the Supreme Court to knock down the
federal limit on total contributions to candidates in an election cycle, partly because
disclosure requirements deter enough
corruption to make contribution limits unnecessary. The Court, which placed great
faith in disclosure in Citizens United, may
“take the bait,” Gilbert and Aiken argue.
“If disclosure causes corruption, then
existing jurisprudence and the turn it may
take in McCutcheon rest on a shaky foundation,” they wrote.
Their analysis also has implications for
policy, they said.
“If mandated disclosure chills lawful
speech, consumes enforcement resources,
and raises the risk of corruption, then
perhaps it does not belong in a rational
campaign finance system,” they wrote.
While that logic might discourage proponents of campaign finance reform, they
continued, disclosure only exacerbates corruption under certain circumstances.
“Furthermore,” they added, “if disclosure cannot prevent corruption, then that
strengthens calls for other anti-corruption
measures, including public funding, stricter
contribution limits, and perhaps new restrictions on independent expenditures.”
WORLD WISE | Eric Williamson
Professors Circle Globe to Bring
Insights to UVA Law
E
Jarass said. “If you only work in your own
ach year an infusion of international
law, you think it can only be done like that.”
experts who teach at the Law School—
Jarass directs the ZIR Research Institute
from such nations as France, Germany,
for German and European Public Law at
Australia, and Israel—helps ensure that
Münster, where he is a retired faculty member.
graduates will thrive in an increasingly gloThe Law School has a broader exchange probalized market.
gram with the German university in which
“Our international visitors greatly enrich
UVA professors also teach in Germany. In
the students’ experience,” said Dean Paul G.
May, UVA Law professors
Mahoney. “Understanding
Kerry Abrams and Brandon
how another legal system “If you only work in
Garrett taught a two-week
approaches a problem is your own law, you think
course there on current
not only useful when your
it can only be done
issues in American law.
practice crosses borders, but
like that.”
“My goal is not so much
helps you understand your
that students learn a lot of
own legal system better.”
different facts, but that they get a feel for
Among the several visitors this year,
where European Union law differs from
the University of Münster’s Hans Jarass
their own law, and how it’s similar,” Jarass
and Matthias Casper taught the fall course
said. “And if they encounter a case where
European Union Law.
European Union law is involved, they can
“I often tell students it’s not only imhandle that.”
portant to specialize in areas you can apply
directly, but also to be able to handle problems that are based in law that is unknown,
Hans Jarass, a professor at the University of
Münster, taught European Union Law here this fall.
where there are no easy solutions available,”
UVA Lawyer / FALL 2013 9
Law School News
…
Fritzen said his students are typically
International professors teach courses on
second- and third-year students focusing
current global legal trends, and often from
on business law or current lawyers pursuing
direct experience. Timothy J. McEvoy, who
an LL.M. degree. He said he emphasizes to
has taught the fall short course Globalization
his students the imporand International Civil
tance of understanding
Litigation at the Law School
the fundamentals of intersince 2001, currently prac“We as lawyers don’t
national banking products
tices international law in
have enough education
and transactions because
Melbourne, Australia.
on the commercial
they are integral to the laws
“In my private pracside—not
to
mention
governing them.
tice as a barrister in
on the math side and
“We as lawyers don’t
Australia, I often advise
have
enough education on
corporations on private
on reading balance
the commercial side—not
international law issues
sheets. What’s your
to mention on the math
involving provisional and
legal reason worth if
side and on reading balprotective measures, and
you don’t know how
ance sheets,” Fritzen said.
judgment enforcement,”
“What’s your legal reason
McEvoy said. “Judgment
the legal instrument is
worth if you don’t know
recognition, and enforcesupposed to work?”
how the legal instrument is
ment more generally is
supposed to work?”
becoming a hot topic,
Short courses conducted abroad are
particularly in the U.S. in the context of the
also an important part of the Law School’s
Chevron litigation. … The course is really a
international education.
strong blend of the law in this area and its
Professor Gil Siegal, who lives most
practical application.”
of the year in Israel, teaches the weeklong
McEvoy was awarded an S.J.D. here
January Term course Israeli Health Law
in 1999. While completing his degree,
and Bioethics, which includes field trips
he served on a special commission
to the Israeli Supreme Court in Jerusalem
of Australian delegates to the Hague
and the Chaim Sheba Medical Center near
Conference on Private International Law,
Tel Aviv. In Israel, Siegal directs the Center
which drafted recommended guidelines
for Health Law and Bioethics at Kiryat Ono
for handling jurisdiction and foreign judgCollege, where most of the classes for the
ments in civil and commercial matters.
J-term course take place.
McEvoy said he hopes that his students
Marie Goré, a professor of law at the
will “take away a robust understanding of
University of Panthéon-Assas (Paris 2),
some of the traditional principles of private
teaches the J-term course French Public and
international law and how they apply in the
Private Law. UVA Law students who travel
context of the rapidly changing global busito Paris for the class learn about the origins
ness environment.”
of French law and the basics of French conOther classes, such as the fall short
tracts and torts.
course International Banking Transactions,
Second- and third-year students may
focus not just on how to think like an inalso study abroad for a full semester in one
ternational lawyer, but on specific obstacles
of eight international exchange programs
law graduates may encounter.
or through a dual degree at Sciences Po in
“My class is case-study based, with a
Paris, and have the option of planning their
clear split between how an investment or
own study-abroad venture.
transaction is supposed to work and what
Current students say their international
legally can go wrong,” said Christof Fritzen,
law classes have been a valuable form of prepaa former managing director at Deutsche
ration that will give them added confidence
Bank who is teaching the course.
10 UVA Lawyer / FALL 2013
when they enter the legal workforce full-time.
“Last year, I took Justice [Richard]
Goldstone’s class on the international
criminal justice field, and this semester I am
taking European Union Law,” said Melissa
Reilly-Diakun, a third-year student who
said she wants to pursue a career in international law. “Each of these classes has been
valuable not just for the subject matter, but
for an opportunity to explore the law from
a mindset other than that of an American
schooled in an American law school.”
Sam Shirazi, a second-year law student
in the European Law class, agreed. “With
the increasing globalized nature of business
and commerce, I think learning more about
different legal systems around the world is
crucial for any law student,” he said.
WAIT and SEE | Brian McNeill
Poor Left
Uninsured in
Face of Uncertain
Future Funding of
Health Law
T
he decision by 26 states to reject an expansion of Medicaid under Obamacare
will leave 8 million low-income Americans
without health insurance and leaves the
future of health security up to upcoming
federal elections, according to law professor
and health law expert Margaret Foster Riley.
Riley, who also has a secondary appointment in the Department of Public Health
Sciences at UVA’s School of Medicine, noted
that a New York Times analysis found that
the states’ decision will leave two-thirds of
low-income blacks and single mothers and
half of low-wage workers without insurance.
“The Supreme Court’s decision in
the June 2012 ‘Obamacare’ case made it
possible for states to opt out of one of the
centerpiece provisions of the legislation,
the expansion of Medicaid. Currently about
half of the states, all with legislatures dominated by Republicans, have opted out of the
expansion. Those states also have a greater
proportion of the population eligible for
the expansion—people living just above the
poverty line—meaning that about 8 million
people who otherwise would have been eligible for Medicaid under the expansion will
not have access to insurance. The notable
exception is Arkansas, which has opted to
expand Medicaid, but has been permitted
significant alterations. The success and experience of Arkansas may be the best predictor
of whether or how quickly other states will
choose to alter their current stance and join
the expansion. But of course we won’t know
how that turns out for some time.
“The decision to expand or not is largely
political—or at least governed by political
principles. On its face, in the short term, refusing to join the expansion does not make
sense. States that choose that option are
leaving significant federal funds on the table
since the legislation provides federal funds
for 100 percent of the costs of the expansion
for the first few years. Under the current
legislation, even after the first few years,
federal funds will cover most of the costs of
expansion. However, if you expect or hope
that Obamacare will be overturned—or if
you believe that available federal funding
will shrink regardless, Medicaid expansion
carries significant risks. It means that states
that expand Medicaid will ultimately carry
the financial risk of that expansion—and
those states that have greater eligible populations carry relatively greater risks.
“We won’t know how this will all shake
out until the 2014 and 2016 federal elections. Those elections will determine the fate
of the evolution of Obamacare and also the
availability of continued federal funds for
health care, including Medicaid expansion.
In the meantime, there are many people,
often people who are working, who will be
shut out of new insurance options. Some
Cole Geddy
Law School News
…
people may be able to move to other states,
but they may be leaving their employment
in the process. It can be hoped that charity
care will continue to step up to cover the
most exigent of these cases. But that charity
care costs hospitals dearly. And charity care
does not provide consistent care, nor does
it provide the psychological and financial
security that health insurance provides. For
that, 8 million Americans will have to wait.”
HUMAN RIGHTS | Brian McNeill
Student Wins
UN Human
Rights Award
for Statelessness
Research
T
hird-year Caroline McInerney was
named one of two graduate winners of
the Office of the U.N. High Commissioner for
Refugees and Tilburg University’s inaugural
UNHCR Award for Statelessness Research.
McInerney’s independent study paper,
“Citizenship Laws of Madagascar: Future
Caroline McInerney (center) with local Malagasy
children in Mahajanga on the northwest coast of
Madagascar.
Challenges for a Developing Nation” was
nominated by Professor David Martin,
who oversaw her independent study. The
award for the new global writing competition on the subject of statelessness carries a
1,000 euro prize.
McInerney said she was thrilled to hear
that she had received the award.
“The issue of statelessness in Madagascar
has received a relatively small amount of attention thus far and I look forward to the
ways in which my research will raise awareness in the international community,” she
said. “Hopefully my research will encourage
future work in the area and be a first step
in bringing about changes for the people
facing issues of statelessness and citizenship
in the country.”
In selecting McInerney’s paper, the
jury wrote that it found her conclusions to
be both convincing and compelling, and
expressed appreciation in particular for
the practical recommendations made with
regard to the need for and possible content
of law reform.
The jury found [McInerney’s paper]
to be a case study of significant importance and timeliness, given the relative
lack of writings on statelessness in Africa
and the fact that the citizenship regime of
UVA Lawyer / FALL 2013 11
Law School News
…
Madagascar, in particular, has not drawn
much research interest to date,” the jury
report said. “McInerney presents an extensive review of the content of the Malagasy
nationality regulations and identifies how
the law is serving to create and perpetuate
cases of statelessness in the country.”
The paper grew out of McInerney’s trip
to Madagascar as a Cowan Fellow in the
student-led Human Rights Study Project at
UVA Law. She was one of eight students who
took part in the trip, in which they spent
three weeks in Madagascar to study the
status of human rights in the wake of a 2009
coup d’état that toppled the democratically
elected government and sparked a massive
withdrawal of foreign aid and investment.
Each year, fellows in the Human Rights
Study Project travel to countries with troubling records on human rights to gather
information—primarily via first-person
interviews—and report their findings. Past
teams traveled to Sri Lanka, Egypt, China,
Cuba, Cambodia, Syria, Sierra Leone
and elsewhere.
Martin called McInerney’s paper a
“wonderful blend of field and library
research.”
“It draws so effectively on her interviews
in Madagascar in order to paint a picture of
legal, political, and practical barriers in the
way of reducing statelessness there,” he said.
“She evaluates the country’s citizenship laws
against international standards, but she also
gives practical reasons why Madagascar’s
leaders should want to move to change the
situation. And she offers detailed suggestions for reforms.”
McInerney, he added, “poured long
hours into her work, and I’m just delighted
that UNHCR has recognized what a significant contribution her paper makes.”
McInerney thanked Martin for his
support and guidance, as well as PJ and
Cam Cowan ’81, Human Rights Program
Director Deena Hurwitz, and the Human
Rights Study Project for helping to make the
field research possible.
12 UVA Lawyer / FALL 2013
supreme court decision | Brian McNeill
Professors Analyze
Decision in GenePatenting Case
T
he Supreme Court ruled in Association
for Molecular Pathology v. Myriad
Genetics that human genes may not be
patented.
The Supreme Court in June ruled unanimously that natural human genes cannot be
Margaret Foster Riley
patented, prompting reactions from professors who are experts in intellectual property
and biotechnology law.
In Association for Molecular Pathology
v. Myriad Genetics, the justices ruled that
naturally occurring isolated biological material is not patentable, but that a synthetic
version of genetic material may be patented.
“This is one of the few times that oral
argument was completely predictive of
the result and the result here follows directly from the Court’s ruling last year in
Prometheus v. Mayo,” said Law Professor
Margo Bagley
Margaret Foster Riley who also holds a
than deter it. Current genomic research
secondary appointment in the Department
involving genome wide association studies
of Public Health Sciences at UVA’s School of
and genetic/proteomic relationships will
Medicine. She is an expert in biotechnology,
be able to proceed without some of the
bioethics, and health law. “Despite much of
potential limitations posed by patents on
the commentary on the case that focused
isolated DNA. But today’s ruling does nothon some of the metaphysical questions poing to restrict patents on
tentially raised by the case,
cDNA or method patents
e.g. notions of individual
on genomic discoveries. In
property rights in our
“This is one of the
that sense, while certainly
own genes, the decision
few times that
signaling a new direction,
is simple and technical.
oral argument was
today’s opinion is actually
Isolated DNA is a product
completely predictive
quite conservative.”
of nature and not patentof
the
result.”
“I think the question
able, cDNA or ‘synthetic
on which the court granted
DNA’ is not a product of
certiorari, ‘are human
nature, and is patentable.
genes patentable,’ led pretty clearly to at least
In oral argument, some members of
one part of the result in this case, the conthe Court were very concerned about the
clusion that isolated genomic DNA (gDNA)
effect of any potential ruling in this case on
is not patent-eligible subject matter,” said
innovation. Today’s ruling strikes a balance
Law Professor Margo Bagley, an expert in
that is likely to promote more innovation
Law School News
…
biotechnology, intellectual property and
patent law. She teaches courses on patent
law, international and comparative patent
law, and intellectual property.
“The decision is fully consistent with
Diamond v. Chakrabarty’s requirement
that an invention be ‘markedly different” to
something found in nature in order to be
eligible for patent protection. Of course, the
problem with the ‹markedly different› requirement is its malleability, as it makes the
patent eligibility question a policy choice
(which, for some, may be its chief virtue).
Thus, the Court was able to draw a line
between naturally occurring but isolated
gDNA and non-naturally occurring (but
pretty close) complementary DNA (cDNA),
even though very reasonable minds at the
district and appeals courts, on different
rationales, came to completely different
conclusions on the ‘marked difference’ of
both of these claimed inventions.
“The language of the decision leaves
some room for speculation as to its reach;
for example whether it truly goes beyond
gDNA to deny patent-eligibility to any
isolated and purified naturally occurring
compound and whether protection for
gDNA could still be achieved by drafting
claims differently. But it should pave the
way for entities to begin competing with
Myriad in offering breast cancer susceptibility testing, potentially at a reduced cost.
It arguably also encourages further biotech
research and patenting by upholding the
eligibility of cDNA claims and articulating
a limited scope for its decision.
“Ultimately, the Court’s decision can
be seen as conclusion that its line drawing
between gDNA and cDNA claims ‘strikes
a delicate balance between creating ‘incentives that lead to creation, invention and
discovery’ and ‘imped[ing] the flow of information that might permit, indeed spur,
invention.’ Nevertheless, finding this policybased eligibility balance is likely to continue
to stymie lower courts faced with claims to
new technologies for the foreseeable future.”
education both excellent and equitable.
The chance to lead Harvard’s Ed School,
Ryan said, was not something he ever
planned or expected, but is an exciting opportunity given his passion for education.
“I was attracted to it because I have been
writing and teaching about law and education for 15 years, and I’m intensely interested
in issues of educational opportunity,” Ryan
said. “This seems like an opportunity to
niversity of Virginia Law Professor
have a more direct and broader impact
James E. Ryan ’92, a leading authoron education policy and
ity on law and education,
practice. It’s also, in some
has been named dean of the “This seems like an
respects, a continuation of
Harvard Graduate School opportunity to have
my interest in public service,
of Education, one of the naa more direct and
which intersects with my
tion’s top education schools.
deep interest in education.”
Ryan teaches law and broader impact on
“Jim Ryan is one of
education,
constitutional education policy and
our most gifted teachers,
law, land use law, and local practice.”
researchers, and administragovernment law. He was an
tors,” said Dean Paul G. Mahoney. “Harvard
instructor in the Supreme Court Litigation
is getting an outstanding dean. His deparClinic, and helped establish and was directure is a great loss for the Law School but
tor of the Law School’s Program in Law
it is a source of great pride that a Virginia
and Public Service. Ryan also served on
the U.S. Department of Education’s Equity
and Excellence Commission, a group
Jim Ryan ’92 was named dean of the Harvard
tasked with examining how to make public
Graduate School of Education.
LAW AND EDUCATION | Brian McNeill
Ryan ’92 Named
Dean of Harvard
Education School
U
UVA Lawyer / FALL 2013 13
Law School News
…
graduate and professor has taken this highprofile post.”
In a news release, Harvard President
Drew Faust called Ryan an “outstanding
scholar, teacher, and academic leader with
a deep passion for improving education and
for enhancing the interplay of scholarship,
practice, and policy.”
Ryan has written extensively about
law and educational opportunity, and has
also authored or co-authored a number of
articles on constitutional law and theory.
He was a co-author of the 2011 textbook
Educational Policy and the Law and was the
author of the 2010 book Five Miles Away,
A World Apart: One City, Two Schools, and
the Story of Educational Opportunity in
Modern America.
Before joining the faculty in 1998, Ryan
clerked for J. Clifford Wallace, then-chief
judge of the 9th Circuit, and U.S. Supreme
Court Chief Justice William H. Rehnquist.
He also worked for an arbitrator at the IranU.S. Claims Tribunal at The Hague and was
a Gibbons Fellow in Public Interest and
Constitutional Law in Newark, N.J.
At the Law School, Ryan served as
academic associate dean from 2005-09. In
2009, he founded the Program in Law and
Public Service, which provides students
with intensive training and mentoring to
prepare them for careers in public service.
“I have enjoyed everything about this
place. But I especially enjoyed working with
[then-Dean] John Jeffries, and later Paul
Mahoney, as well as with [Assistant Dean
for Student Affairs] Martha Ballenger and
[Assistant Dean for Academic Services and
Registrar] Cary Bennett when I served for
academic associate dean,” he said. “I’ve also
thoroughly enjoyed directing the Program
in Law and Public Service and have been inspired by the students in that program—as
well as others who are not in the program but
are equally passionate about public service.”
Jeffries said Ryan is an excellent choice to
lead Harvard’s Graduate School of Education.
“For a scholar of education law and
policy, the deanship of the Harvard Ed
School is a once-in-a-lifetime opportunity,”
he said. “Jim’s appointment is great for him
and for Harvard, and I think it will prove
to be great for American public education.”
Ryan said he will dearly miss UVA Law.
“I have loved teaching here,” he said. “I’ve
been privileged to spend time with fantastic, lively, and incredibly talented students,
and I’ve had the great joy of being part of
a community of not simply colleagues but
close friends. This has become my home,
and my family’s home, and leaving home is
never easy. But as I always tell students who
are interested in public service, you should
follow your passion, even when it entails
some risk and some sacrifice. I’ve been
giving that advice for so long, I thought I
should follow it myself.”
Online Faculty Q&A
Find the full archive online at: www.bit.ly/faculty_qa
Mildred Robinson on How Tax Solutions Could Stabilize K-12 Education Funding
Michael Livermore on How a Misreading of the Supreme Court Is Leading to Inefficient
Environmental Regulations
Richard Bonnie ’69 on Gun Control, Mental Health Policies in Aftermath of Deadly Shootings
A. E. Dick Howard ’61 on the Major Decisions of the Supreme Court’s 2012-13 Term
Alex Johnson on How Bar Exam Standards, ‘Misapplication’ to Law Schools Offer Obstacles to
Minorities Seeking to Become Lawyers
14 UVA Lawyer / FALL 2013
THOMAS JEFFERSON AWARD | Matt Kelly
Howard Receives
University of
Virginia’s Highest
Honors
L
aw Professor A. E. Dick Howard ’61
and Gordon Stewart, the interim associate dean for undergraduate academic
programs, received Thomas Jefferson
Awards—the highest given to faculty members at the University of Virginia—at Fall
Convocation ceremonies.
Howard received the award for his
scholarship and Stewart for his service to
the community.
“The Thomas Jefferson Award is the
most prestigious honor the University
presents to faculty members, and the list of
recipients includes some of the University’s
most distinguished teachers and scholars,”
said University President Teresa A. Sullivan,
who earlier in the ceremony had bestowed
Intermediate Honors upon 414 thirdyear students.
Howard, in his 50th year on the School
of Law faculty, is considered one of the
University’s best teachers and most devoted
citizens, as well as one of the world’s leading constitutional scholars. He holds the
White Burkett Miller Professor of Law and
Public Affairs.
A Richmond native, Howard graduated from the University of Richmond
and earned his law degree at UVA, during
which time he was selected as a Rhodes
Scholar and later received a master of arts
degree from Oxford University in England.
Howard joined the UVA faculty in 1964 after
clerking for the late U.S. Supreme Court
Justice Hugo Black, during which time he
developed his interest in constitutional law.
A Supreme Court watcher, Howard has
chronicled the Warren, Burger, Rehnquist
and Roberts courts, and is a widely published
Law School News
…
has written extensively on the new constitutions in Central and Eastern Europe, India,
and Italy, and has contributed to the field of
authority on important constitutional doccomparative constitutional law.
trines, including federalism, separation of
Twice Howard has been a fellow of the
church and state, and the freedoms of
Woodrow Wilson International Center
speech and press.
for Scholars; he served as president of the
Howard is equally knowledgeable
Virginia Academy of Laureates and was
about state constitutional law and was apthe first distinguished visiting scholar in
pointed executive director
residence at Rhodes Colof the Commission on
lege in Oxford in 2001. He
Constitutional
Revision
received the Alumni AsHoward, in his 50th year
of the Commonwealth of
sociation’s Distinguished
on the School of Law
Virginia in 1969. He was
Professor Award in 1981.
faculty, is considered
the principal draftsman for
The Greater Richmond
one of the University’s
the new state constitution
Chapter of the World Afbest teachers and most
and led the successful camfairs Council conferred on
paign for its ratification.
him its George C. Marshall
devoted citizens.
He has published repeatAward in International
edly on state constitutions.
Law and Diplomacy. He
He also has become an expert on foreign
was a visiting scholar at the National
constitutions. After the fall of the Soviet
Constitution Center and the University of
Union and the opening of Central and
Pennsylvania Law School. He was named
Eastern Europe, Howard aided in drafting
among the greatest Virginians of the 20th
new constitutions for Poland, Hungary,
century by the Library of Virginia and the
Czechoslovakia, Albania, and Romania. He
Richmond Times-Dispatch.
From left: Rector George Keith Martin;
A. E. Dick Howard ’61, Gordon M. Stewart, and
President Teresa A. Sullivan.
“In the sweep and compass of his writings on constitutional law, Mr. Howard is a
scholar without peer,” Sullivan said. “He is
also a tireless teacher and mentor, having
achieved legendary status among law
alumni and current students for his keen
powers of explanation, his devotion to his
students, both personally and professionally, and his inexhaustible patience.”
The Thomas Jefferson Award was established in 1955, through the Robert Earll
McConnell Foundation, to recognize excellence in service. In 2009 the Alumni Board
of Trustees of the UVA Endowment Fund
established a second award for scholarship.
The recipients of both awards are selected
by committee.
Recent winners include Patricia M.
Lampkin, vice president and chief student
affairs officer; R. Jahan Ramazani, Edgar F.
Shannon Jr. Professor of English; former
University president John T. Casteen; and
microbiology professor J. Thomas Parsons.
UVA Lawyer / FALL 2013 15
Law School News
…
Commencement | Brian McNeill
Senator Nelson ’68 Urges Class of
2013 to Strive to Always Act Ethically
in Careers
I
n his commencement address on May 19,
U.S. Sen. Bill Nelson ’68 of Florida urged
the graduating class to always act ethically
as lawyers and to restore the public’s trust in
the legal profession.
Nelson, Florida’s senior senator, told
members of the class of 2013 that they
will face difficult ethical questions in their
careers and that the profession is being
“sullied by an increasing number of lawyers
facing corruption and ethics charges.”
“Each of you has a very special calling in
life, which is why you must be rooted in the
law and public service and must consider
16 UVA Lawyer / FALL 2013
the ethical obligations that extend to the
broader system beyond your office walls,”
Nelson said. “Clearly you’re not going to
be able to change the recent past, but if you
are determined, you can rewrite the near
future. You can help restore the legal profession to its rightful place of honor in the
public’s eye.”
Nelson described a number of ethically
challenging scenarios that the graduates
might encounter.
“If you were the corporate attorney for
the international firm that’s cooking the
books, will you sign the annual statement?”
he said. “Or consider: A young lawyer in
Richmond is offered an incentive bonus of
20 percent of the amount he saves a corporation on state and federal taxes. Should he
accept the payment?”
Or, he said, suppose a client sends a
lawyer an expensive diamond necklace as
thanks for winning a big case. Should she
keep the gift? Or, he said, maybe a lobbyist
offers to pull some strings to help a politicians’ underachieving child get into law
school, with the implied message that it
would be in exchange for voting a certain
way. Should the lobbyist make such an offer?
In facing these and other ethical challenges, Nelson encouraged the graduates to
remember the words of Mahatma Gandhi.
“It was Gandhi who said there are but
seven sins in life: wealth without work,
pleasure without conscience, knowledge
without character, commerce without
morality, science without humility, worship without sacrifice, and politics without
Law School News
…
principle,” he said. “We can add one more
here today—law without ethics.”
“And indeed if [it was] a sin,” he added,
“then our saving grace would be to always
strive to bring basic moral values to the
practice of the law.”
Dean Paul G. Mahoney praised the class
of 2013—which was comprised of 364 J.D.
graduates, 43 LL.M. graduates and one
S.J.D. graduate—for its strong interest in
public service over the past three years.
“You did not focus just on yourselves
[while in law school],” he said. “You raised
money and donated your time to countless
important causes. Indeed, your engagement
with this community and many others has
been remarkable and noteworthy.”
Members of the class collectively put
in more than 13,500 hours of pro bono
service to assist those who could not afford
legal representation, and 93 members of the
class completed the Law School’s Pro Bono
Challenge by performing 75 hours or more
of free legal work.
“This is a record for any class in the history of the Law School,” Mahoney said.
highlighting a law student’s work to help
Mahoney highlighted a number of milechildren in need.
stones achieved by members of the class.
“Your class has dealt with challenges with
Under their leadership, he noted, the North
grace, perseverance and poise,” Mahoney
Grounds Softball League’s 30th annual
said. “You lived through
tournament raised $20,000
an earthquake, studied
for the Charlottesville
through the transformanonprofit Children, Youth,
“Clearly you’re not going
tion of the south end of
and
Family
Services;
to be able to change
Slaughter Hall into the new
the Public Interest Law
the recent past, but
Karsh Student Services
Association’s annual aucif
you
are
determined,
Center and even made
tion raised $68,000 for
you can rewrite the
honey out of honeybees.”
grants to fund students’
Mahoney then held
summer public service
near future. You can
a moment of silence
jobs; and the 10 studenthelp restore the
for Momina Cheema, a
run academic journals
legal profession to its
member of the class of 2013
published 34 issues, inrightful place of honor
who died in June 2011.
cluding the inaugural issue
The Law School, he said,
of the Virginia Journal of
in the public’s eye.”
is proud of the class of 2013
Criminal Law.
and confident in its future.
Members of the class
“You are trained to be leaders, and
of 2013, he noted, represented the Law
you will be in your careers, in your comSchool in UVA’s Entrepreneurship Cup;
munities, and in some cases in elected or
formed the Molly Pitcher Project that
appointed government service. I have no
helped overturn the military’s ban on
doubt that at some future reunion of the
women in combat; and appeared on “The
class of 2013—the most diverse class in the
Ellen DeGeneres Show” in a segment
law school’s history—we will all celebrate
the many ways that you have succeeded in
the intervening years. “
He added that it has been a “true pleasure” for the faculty to “watch you grow
intellectually and personally.”
“We send you on your way today with
our complete admiration, affection and,
most of all, our congratulations,” he said.
Also at the ceremony, outgoing Student
Bar Association President Alexandra
Aurisch announced that 87 percent of the
graduating class had pledged to support the
Law School in the future, continuing a tradition over the past decade in which more
than 80 percent of each graduating class
pledged their support.
“Supporting the Law School,” she said,
“is more accurately a commitment to the
future classes of UVA Law, so that they will
share the same experiences we had here.”
UVA Lawyer / FALL 2013 17
Law School News
…
Graduation Awards
The following were the recipients of the 2013 graduation awards.
Margaret G. Hyde Award
Galen Bundy Bascom
James C. Slaughter Honor Award
Ariel Marissa Linet
Thomas Marshall Miller Prize
Megan Marie Coker
Z Society Shannon Award
Galen Bundy Bascom
Law School Alumni Association
Best Note Award
Lyle David Kossis
Robert E. Goldsten Award for
Distinction in the Classroom
Jonathan Daniel Urick
Roger and Madeleine Traynor Prizes
Jacob Harris Gutwillig
Matthew Paul Jobe
John M. Olin Prize in Law and Economics
Sean Patrick Sullivan
Eppa Hunton IV Memorial Book Award
Megan Marie Coker
Herbert Kramer/Herbert Bangel
Community Service Award
Kimberly Ann Rolla
Virginia Trial Lawyers Trial Advocacy Award
Wade Alexander Gelbert
Mortimer Caplin Public Service Award
Rebecca Sideman Cohn
Virginia State Bar Family Law Book Award
Christina Ashie Guidry
Edwin S. Cohen Tax Prize
Matthew James Holt
Find graduation photos and video at www.bit.ly/lawgrad13
18 UVA Lawyer / FALL 2013
Earle K. Shawe Labor Relations Award
Mary Genevieve Aguilar
Law School News
…
Clerkships for the 2013–14 Term
All are members of the class of 2013 unless otherwise noted.
Ogechi Cynthia Achuko
The Hon. T. Rawles Jones Jr. ’73
U.S. District Court for the Eastern District
of Virginia
Alex Berrang ’10
The Hon. Rosemary M. Collyer
U.S. District Court for the District
of Columbia
John Warren Akin
The Hon. Jackson Kiser
U.S. District Court for the Western District
of Virginia
Micki Bloom ’12
The Hon. Ann O’Regan Keary
District of Columbia Superior Court
Capt. James S. C. Baehr ’08
The Hon. Edith Clement
U.S. Court of Appeals for the Fifth Circuit
Gillian Anne Barkins
The Hon. William De Lorenzo, Jr. ’69
N.J. Superior Court
Rianna Barrett ’11
The Hon. Percy Anderson
U.S. District Court for the Central District
of California
Galen Bundy Bascom
The Hon. Merrick Garland
U.S. Court of Appeals for the D.C. Circuit
Stephanie Lynn Beach
The Hon. Stephen Dwyer
Washington State Court of Appeals
Lucas Beirne ’12
The Hon. Patrick Higginbotham
U.S. Court of Appeals for the Fifth Circuit
Paul Belonick ’10
The Hon. Carlos Bea
U.S. Court of Appeals for the Ninth Circuit
Neil Bernardo
The Hon. Donald E. Beachley
Washington County (MD) Circuit Court
Lauren Crowell Bingham
The Hon. Gary Jones
U.S. District Court for the Northern District
of Florida
Virginia Bruner ’11
The Hon. Peter Messite
U.S. District Court for the District
of Maryland
Duncan Burke
The Hon. Lidia Stiglich
Second Judicial District for the State of
Nevada, County of Washoe
Shruti Chaganti
The Hon. Rudolph Contreras
U.S. District Court for the District
of Columbia
Heaven Chanel Chee
The Hon. George Hanks
U.S. District Court for the Southern District
of Texas
Kristina Chi-kay Cho
The Hon. David Bauman
N.J. Superior Court
Megan Marie Coker
The Hon. Norman Moon ’62, LL.M. ’88
U.S. District Court for the Western District
of Virginia
C. Ben Cooper ’11
The Hon. Guy Cole
U.S. Court of Appeals for the Sixth Circuit
Rebecca Barret Dalton
The Hon. W. Scott Bales
Arizona Supreme Court
Margaret Davis
The Hon. Randolph Beales ’86
Virginia Court of Appeals
Lucas Edward DeLoach
The Hon. James Jones ’65
U.S. District Court for the Western District
of Virginia
Jeremiah Armstrong Egger
The Hon. Rebecca Beach Smith
U.S. District Court for the Eastern District
of Virginia
Elspeth England ’11
The Hon. Mary Beth Coster Williams
U.S. Court of Federal Claims
Lydie Essama ’11
The Hon. Peter Hall
U.S. Court of Appeals for the Second Circuit
Noah S. Frank
The Hon. Richard Andrews
U.S. District Court for the District of
Delaware
Keith Bernard French, Jr.
The Hon. Carlton Reeves ’89
U.S. District Court for the Southern District
of Mississippi
Scott Davis Gallisdorfer
The Hon. Alberto Diaz
U.S. Court of Appeals for the Fourth Circuit
Rebecca Gantt ’11
The Hon. Raymond Jackson ’73
U.S. District Court for the Eastern District
of Virginia
UVA Lawyer / FALL 2013 19
Law School News
…
Wade Alexander Gelbert
The Hon. Robert Ballou ’87
U.S. District Court for the Western District
of Virginia
Kyle Christopher Mallinak
The Hon. Robert Payne
U.S. District Court for the Eastern District
of Virginia
Jeff Albert George
The Hon. Jeffrey Bivins
Tennessee Criminal Court of Appeals
Nicholas Theodore Matich
The Hon. Richard C. Wesley
U.S. Court of Appeals for the Second Circuit
Matthew James Glover
The Hon. Neil Gorsuch
U.S. Court of Appeals for the Tenth Circuit
Stuart Seets McCommas
The Hon. Alice M. Batchelder LL.M. ’88
U.S. Court of Appeals for the Sixth Circuit
Varun (Shiva) Goel ’11
The Hon. Maryanne Trump Barry
U.S. Court of Appeals for the Third Circuit
Calleigh McRaith ’12
The Hon. Barry Anderson
Minnesota Supreme Court
E. Jon Gryskiewicz
The Hon. Robert Doumar ’53, LL.M. ’88
U.S. District Court for the Eastern District
of Virginia
Jonathan David Guynn
The Hon. David Campbell
U.S. District Court for the District of
Arizona
Andrew Spencer Hansbrough
The Hon. Thomas Russell
U.S. District Court for the Western District
of Kentucky
Christopher Anthony Hatfield
The Hon. Robert Lynn
New Hampshire Supreme Court
Sarah Alison Hemmendinger
The Hon. James Cacheris
U.S. District Court for the Eastern District
of Virginia
Carl Richard Hennies
The Hon. David C. Norton
U.S. District Court for the District
of South Carolina
Monvan Hu
The Hon. Jamie Happas
N.J. Superior Court
20 UVA Lawyer / FALL 2013
Chase Johnson ’09
The Hon. Victor Wolski ’91
U.S. Court of Federal Claims
Andrew Koelz ’11
The Hon. Charles Pannell
U.S. District Court for the Northern District
of Georgia
Georgiana Konesky ’12
The Hon. Roger Titus
U.S. District Court for the District of
Maryland
Theodore Druce Kwong
The Hon. Andrew Hanen
U.S. District Court for the Southern District
of Texas
Cameron Kynes ’11
The Hon. Gregory A. Phillips
U.S. Court of Appeals for the Tenth Circuit
Megan Lacy ’10
The Hon. Diarmuid F. O’Scannlain LL.M. ’92
U.S. Court of Appeals for the Ninth Circuit
Aaron Lerner
The Hon. E. Gregory Wells ’86
Calvert County (MD) Circuit Court
Jeremy Merkelson ’09
The Hon. Ketanji Brown Jackson
U.S. District Court for the
District of Columbia
Seth Adam Meyer
The Hon. Richard F. Suhrheinrich LL.M. ’90
U.S. Court of Appeals for the Sixth Circuit
Jordan Miller
The Hon. Stephen Markman
Michigan Supreme Court
Lisa Miller ’10
The Hon. Edgardo Ramos
U.S. District Court for the Southern District
of New York
Ryan O. Mowery
The Hon. Liam O’Grady
U.S. District Court for the Eastern District
of Virginia
Priscilla O. Ochu-Artus
The Hon. Arenda Allen
U.S. District Court for the Eastern District
of Virginia
Anthony James Oley, Jr.
The Hon. Lee A. Harris Jr.
Henrico County (VA) Circuit Court
Law School News
…
David Mitchell Parker
The Hon. D. Brooks Smith
U.S. Court of Appeals for the Third Circuit
Yangho Shin
The Hon. Peter Bogaard
N.J. Superior Court
Mike Toth ’06
The Hon. Edith Jones
U.S. Court of Appeals for the Fifth Circuit
Samuel Poole ’11
The Hon. Lawrence Baskir
U.S. Court of Federal Claims
Emerson Arthur Siegle
The Hon. Norman Moon ’62, LL.M. ’88
U.S. District Court for the Western District
of Virginia
Christine Tschiderer ’12
The Hon. Stuart G. Nash
District of Columbia Superior Court
Tiffany Parrish Rainbolt
The Hon. Karen Bowdre
U.S. District Court for the Northern District
of Alabama
Austin Lewis Raynor
The Hon. J. Harvie Wilkinson ’72
U.S. Court of Appeals for the Fourth Circuit
Emily Renzelli ’12
The Hon. Irene Keeley
U.S. District Court for the Northern District
of West Virginia
Whitney R. Ripplinger
Virginia Beach (VA) Circuit Court
Laura Charlotte Smith
The Hon. Jorge Solis
U.S. District Court for the Northern District
of Texas
Austin Daniel Smith
The Hon. Robert Doumar ’53, LL.M. ’88
U.S. District Court for the Eastern District
of Virginia
Jesse Stewart ’12
The Hon. Brian Jackson
U.S. District Court for the Middle District of
Louisiana
Monica Catherine Tuck
Alexandria (VA) Circuit Court
Jonathan Daniel Urick
The Hon. Amul Thapar
U.S. District Court for the Eastern District
of Kentucky
Rhuju Nishith Vasavada
The Hon. Zachary Hawthorn
U.S. District Court for the Eastern District
of Texas
Alexis Joy Weyers
Virginia Beach (VA) Circuit Court
Taylor Stout ’10
The Hon. Rebecca Beach Smith
U.S. District Court for the Eastern District
of Virginia
Casey Lynn White
The Hon. T.S. Ellis
U.S. District Court for the Eastern District
of Virginia
Levi William Swank
The Hon. Alice M. Batchelder LL.M. ’88
U.S. Court of Appeals for the Sixth Circuit
Philip Daniel Williamson
The Hon. Lavenski Smith
U.S. Court of Appeals for the Eighth Circuit
Katherine Jordan-Schadler ’12
The Hon. Joseph Nega
United States Tax Court
Mezathio Theodore Takougang
The Hon. Kenneth Hoyt
U.S. District Court for the Southern District
of Texas
Joseph Wood ’12
The Hon. Jay Bybee
U.S. Court of Appeals for the Ninth Circuit
Jason Schaengold ’12
The Hon. Edith Clement
U.S. Court of Appeals for the Fifth Circuit
Tayler Wayne Tibbitts
The Hon. N. Randy Smith
U.S. Court of Appeals for the Ninth Circuit
Meredith Rugani ’07
The Hon. Margot Brodie
U.S. District Court for the Eastern District
of New York
Joel Sanderson ’12
The Hon. Jane Stranch
U.S. Court of Appeals for the Sixth Circuit
John Edward Schiltz
The Honorable David M. Ebel
U.S. Court of Appeals for the Tenth Circuit
Kathleen Shen ’12
The Hon. Alison Nathan
U.S. District Court for the Southern District
of New York
Brian Michael Wotring
Norfolk (VA) Circuit Court
Tyler Young ’12
The Hon. Edith Jones
U.S. Court of Appeals for the Fifth Circuit
U. S. Supreme Court Clerks
Katherine Mims Crocker ’12
The Hon. Antonin Scalia
Brian Schmaltzbach ’10
The Hon. Clarence Thomas
UVA Lawyer / FALL 2013 21
Law School News
…
A sample of the video and MP3 offerings found online
Multimedia News Offerings at
www.law.virginia.edu/news
A Constitutional History of
the Long 1960s
Punishment and the Adolescent Brain
Laurence Steinberg, a leading authority
on psychological development during
adolescence, delivered the P. Browning
Hoffman Memorial Lecture in Law and
Psychiatry. His talk was titled “Punishment
and the Adolescent Brain: The Role
of Developmental Science in Recent
U.S. Supreme Court Decisions About
Juvenile Offenders.”
How does constitutional change happen?
What makes laws that have long been
constitutional suddenly look anachronistic,
unconstitutional or downright wrong?
Risa Goluboff addressed these questions
during a lecture marking her appointment
as John Allan Love Professor of Law.
The Changing Nature of Covering
the Supreme Court
Dahlia Lithwick, senior editor and legal
correspondent for Slate, discusses the
changing nature of covering the U.S.
Supreme Court in a talk sponsored by the
American Constitution Society for Law
and Policy.
Must Government Ignore Racial
Inequality?
Professor Kim Forde-Mazrui discusses
how the government looks at racial
inequality during a lecture marking his
appointment as Mortimer M. Caplin
Professor of Law. His talk was titled
“The Canary-Blind Constitution: Must
Government Ignore Racial Inequality?”
The Promise and Limits of
Presidential Action on Climate Change
Compelled Commercial Speech
Robert Post, dean of Yale Law School,
delivers the keynote address for
“Compelled Commercial Speech,” the
second Jefferson Symposium, sponsored
by the Thomas Jefferson Center for the
Protection of Free Expression and the
Journal of Law & Politics.
Public Deliberation and Private
Property Rights: Can There Be
Peaceful Coexistence?
Richard Epstein, the Laurence A.
Tisch Professor of Law at the New York
University School of Law, delivers the
second annual BeVier Lecture.
22 UVA Lawyer / FALL 2013
Robert Sussman, former senior counsel
for the EPA, delivered the keynote address
at the Virginia Environmental Law Journal
symposium, “The Promise and Limits of
Presidential Action on Climate Change.”
Legal Innovation and the Progress of Law
Law professor John Duffy discussed
current thought on legal innovation
and pointed to ways forward in a chair
lecture marking his appointment as
Samuel H. McCoy II Professor of Law.
The Founding: Reconsidered
and Revised
Michael J. Klarman of Harvard Law
School offers a revision of the conventional
understanding of the drafting and
ratification of the U.S. Constitution during
the McCorkle Lecture.
Law School News
…
Corporate Liability in U.S. Courts
for Global Actions
Marco Simons of EarthRights International
and Law professor Brandon Garrett
discuss corporate liability in U.S. courts for
global actions.
Transnational Terrorism
M.E. “Spike” Bowman, a distinguished
fellow at the Center for National Security
Law and a former senior counsel for
national security law at the FBI, spoke on
transnational terrorism at the National
Security Law Institute.
Can We Handle the Truth?
Pulitzer Prize-winning journalist and
author Ron Suskind, a 1981 graduate of
the University of Virginia’s College of Arts
and Sciences, and Kurt Wimmer, leading
First Amendment lawyer and Suskind’s
attorney, speak about their years locked in
a legal battle with the Bush administration.
What Every Lawyer Should Know
About Client Relationships
Goldman Sachs managing director and
adjunct professor Jim Donovan is a
trusted adviser to some of the world’s most
sophisticated organizations. He shared his
insights into the effective management and
cultivation of client relationships during a
talk sponsored by the Career Services Office.
Democracy as Consumption
Law professor Dan Ortiz delivers a chair
lecture in which he focuses on citizens as
consumers, rather than people who make
choices that the political system is designed
to aggregate with other citizens’ choices
and carry out.
Cyber Threats to U.S. National Security
Stewart A. Baker, former assistant
secretary for policy at the Department of
Homeland Security and former general
counsel for the National Security Agency,
spoke on cyber threats as part of the
National Security Law Institute.
Welcome to the Class of 2016
Sarah Robinson Borders ’88, a partner in
King & Spalding’s Financial Restructuring
Practice Group, welcomed the Law School’s
Class of 2016 at orientation.
Predator Drones and
Targeted Killings
Frederick Hitz, a distinguished fellow
at the Center for National Security Law,
a former statutory inspector general at
the CIA, spoke on predator drones and
targeted killings at the National Security
Law Institute.
UVA Lawyer / FALL 2013 23
24 UVA Lawyer / FALL 2013
Judging
the Bench:
Empiricism in the Legal Academy
By Cullen Couch
Why do we vote for this candidate and not that one? Why do we believe we are
right, and they are wrong? How do we determine what is fact and what is opinion?
Political scientists and psychologists study these questions carefully, using empirical
research to understand how we process information and make sense of our surroundings.
In specific cases, they try to tease out the predictive nature of voting patterns or build
cognitive theories that attempt to explain why we think the way we do—and, in turn,
choose and decide in particular ways.
In their paper, “Cultural Cognition and Public Policy” (cited by this magazine in an
article about energy policy in Fall 2010), Professors Dan Kahan and Donald Braman of
Yale Law School argue that empirical facts are often irrelevant in a policy debate. According
to their research, we create factual beliefs based on our cultural orientations—the
degree to which we identify ourselves as hierarchic or egalitarian, individualistic or
communitarian—and not on empirical evidence.
In the last twenty years, legal scholars have begun using these insights and other
empirical tools to study law itself. What is law? What is legal thinking? And in a paper that
appeared in the Virginia Law Review in 1997, former dean of NYU School of Law Richard
Revesz turned his attention to judges themselves, employing empirical research to suggest
that partisan ideology influenced voting patterns on the D.C. Circuit Court of Appeals.
UVA Lawyer / FALL 2013 25
Using as proxy the views of the party of the appointing
president, Revesz wrote, “First, ideology significantly influences
judicial decision-making on the D.C. Circuit. Second, ideological
voting is more prevalent in cases, such as those raising procedural
challenges, that are less likely to be reviewed by the United States
Supreme Court. Third, a judge’s vote (not just the panel outcome)
is greatly affected by the identity of the other judges sitting on
the panel; in fact, the party affiliation of the other judges on
the panel has a greater bearing on a judge’s vote than his or her
own affiliation.”
D.C. Circuit Judge Harry Edwards responded, also in the
Virginia Law Review, with a scathing rebuke. “None of the three
broadly-phrased conclusions of the study are borne out by the
study’s methodology and findings. Revesz’s article presents some
empirical data on a very narrow set of judicial dispositions in
connection with review of a limited set of EPA actions in the D.C.
Circuit. Because of the narrow focus of his study and the study’s
highly suspect methodology, the conclusions that Revesz offers are
extremely questionable.”
26 UVA Lawyer / FALL 2013
Not backing down, Revesz fired back. “It is somewhat sobering
when one of the Nation’s leading federal appellate judges criticizes
one’s work with great vehemence. Nonetheless, as this reply makes
plain, Chief Judge Edwards is simply wrong with respect to each of
the numerous criticisms that he levels against my work. Not a single
one of his arguments weakens in any way the force of my findings.”
Revesz’s use of empirical research to predict judicial decisions
and Edwards’s flat-out rejection of that methodology created a
stir in the academy, inviting legal scholars to leap into the chasm
created between Judge Edwards’s “none” and Dean Revesz’s “not
a single one.” What was a very public and very spirited exchange
opened the door to deeper examination (and more debate between
Edwards and legal commentators) about cognition and judging.
“Twenty years ago we weren’t anywhere near this close to
admitting the importance of the empirical side. …,” says Virginia’s
Fred Schauer, David and Mary Harrison Distinguished Professor
of Law. Schauer, named one of the three most influential scholars
in legal education by National Jurist in 2009, is best known for his
work in constitutional law, legal theory, and philosophy. “Doing
serious empirical research about judicial behavior, other than in political
science departments, was pretty alien
to the law school environment. There’s
been a huge change in 20 years.”
Michael Gilbert, an associate
professor at the Law School, recently
published an empirical study of
judicial decision-making in the Journal
of Legal Studies, and he teaches a
seminar on that topic. His latest paper
considers the independence of the
bench in a new way, breaking down
the usual rhetoric about the merits of
judicial independence into discrete
questions about decisional integrity
and outcomes.
“The point I try to make in my
paper about judicial independence is
that people have long conflated two
issues,” says Gilbert. “They’ve said that
independence is good because it makes
judges more likely to do what the law
requires, but it’s bad because it means
judges—who wield extraordinary
power—are not accountable to the
public. People treat this like it’s one
issue, a one-dimensional trade-off
between independence and accountability. But it’s two-dimensional.”
Naturally, judges find this kind of
empirical reductionism to be problematic. “They can try to have
statistics about how often a judge would rule this way or that,
but other than that, I think it’s just strict speculation,” says Judge
Eugene Siler ’63, LL.M. ’95 of the U.S. Court of Appeals for the
Sixth Circuit. “Ideology probably plays a role in a small percentage
of cases. Death penalty cases create more conflict than just about
anything else we have.”
Recently retired Judge Boyce Martin ’63, formerly chief judge
of the U.S. Court of Appeals for the Sixth Circuit, says, “It’s hard to
define ideology. For many people, the background and the training
to get an appointment to be a federal judge means you’ve got to
have some political contacts. But I think most judges coming into
it have no predetermined political agenda.”
According to Martin, judges base their perspective on their own
life experiences. “I have African-American colleagues who have
very strong feelings about racial discrimination. I have women
colleagues who have strong feelings about sex-based employment
discrimination. They come to the bench with strong personal
beliefs, not prejudices, on how the cases should be resolved.”
Legal scholars have begun to study
law itself. What is law? What is legal
thinking?
Are these studies meaningful? “Not if the objective is to show
that a particular court is divided between people who have a
conservative view and people on the other side who have a liberal
view,” says Myron Steele ’70, LL.M. ’04, Chief Justice of the Delaware
Supreme Court. “I don’t know what the objective of that might be.”
Because Delaware statutes require that an equal number of seats be
allocated between Republicans and Democrats, “We don’t even think
in those terms,” says Steele.
Virginia Supreme Court Chief Justice Cynthia Kinser ’77
thinks the research tries “to delve into the judge’s mind. Unless the
judge opens up his or her mind and essentially answers what drove
the decision, it can only at best be a study. And I don’t think it will
always be accurate in its conclusions.”
What practical effect could these studies have on advocacy
itself? “In the classroom, we don’t emphasize ideological explanations for judicial decisions,” says Michael Livermore, who teaches
administrative law, environmental law, cost-benefit analysis, and
executive review of agency decision-making at the Law School.
“We’re training lawyers to practice before courts—and that
wouldn’t really help students prepare for practice before courts.
Smart advocacy requires a lawyer to do the legal analysis first, and
then set up a convincing narrative that might implicate a broader
range of values. In the end, you want both pieces to point the judge
toward the conclusion that is favorable to your client.”
Certainly, the Revesz study and others like it are vulnerable to
the claim that ascribing a judge’s decision to ideology or politics is
a facile, even crude, approach.
“There are certainly problems with the way cases in these
studies are coded for partisanship,” says Barbara Spellman, who
teaches evidence and the intersection of law and psychology
at the Law School. “If they just say in a labor law dispute that a
Republican would be on the side of management and a Democrat
would be on the side of labor, then you’re not looking at the
specific issues of the case. Sometimes you’re actually coding it in
what other people might think is the wrong direction.”
In the roundtable discussion that follows,
Professors Gilbert, Livermore, Schauer, and Spellman explore the
rise of empiricism in the legal academy, what it means for the
profession and legal education, and how it might affect appellate
practice and judicial selection in the future.
UVA Lawyer / FALL 2013 27
The Revesz/Edwards exchange about the D.C. Circuit raises the
question: How accurate and useful are the empirical methods
scholars use to analyze judicial decision-making?
Livermore: It depends on the question you’re trying to get at. The
question of ideological influence on judicial decision-making and
how much can be attributed to ideology and how much to law is
one that political scientists have been asking for generations. They
would often take the United States Supreme Court as their object of
study, a very specific court with specific features. The Revesz piece
applied some of the same techniques to the circuit courts.
The basis for the analysis is coding case outcomes. For example,
in a labor case against management, if labor wins, that’s a liberal
outcome. If management wins, that’s a conservative outcome. You
compare those outcomes to the political party of the president
that appointed the judge and, in essence, the Revesz article showed
that Republican appointees vote more for management than
Democratic appointees. That started this back-and-forth with
Judge Edwards and the broader debate about what this all meant
and in particular what, if anything, empirical methodology can
tell us about judging.
Is it accurate? Freakonomics author, Steven Levitt, linked the
number of books at home to the social and economic success of
children, suggesting that parents line their shelves with as many
books as possible.
Spellman: The number of books is just a proxy. It’s not the causal
mechanism.
Judicial deliberations
Judge Eugene Siler ‘63, LL.M. ’95: “ It’s
usually collegial. We talk to the other
judges. Of course, if we have oral argument,
we confer right after oral argument.
We communicate mostly by email but
sometimes we talk to each other about the
case. …
“We have had partisan differences a
few times in our circuit. Other circuits have had some conflicts like
that. Everybody sort of points to the 6th Circuit as having the most
conflicts that come out in the open, but I think it’s happened in
other circuits, too. Just not as openly as ours has been.”
Judge Boyce Martin ’63: “ The United States has thousands of
judges. I would say 89% of them make their decisions based on the
law as they read it, and the rest make decisions off the top of their
head without any real thought. The appellate courts, which are a
very small part of this group, have contributed to the confusion.
Leadership from the Supreme Court on down has not been
consistent. If you read opinions in the 6th Circuit and you want a
position, you could probably find cases on both sides. …
“We have changed dramatically in my 34 years on the court.
When I began as an appellate judge, it was three judges on a panel
sitting eyeball to eyeball after oral argument. We didn’t decide
who was going to do any of the work until after the oral argument.
Today, we have dramatically reduced oral argument in our circuit.
We divide up the cases in advance. One judge is responsible for
each case. When I started, I didn’t share bench memos or anything.
I did my own independent work in all cases. Now, if you do that,
28 UVA Lawyer / FALL 2013
everybody gets hacked at you because everybody wants to split
it up and share it so they only have to do a third of the work as
opposed to doing every case separately.”
Chief Justice Myron Steele ‘70, LL.M. ’04: “ The other four members
of my court are just as smart as they can be and have a fabulous work
ethic. We work hard at building consensus whenever we can, even
if the opinion doesn’t read exactly the way we would’ve written it
alone. I’m very fortunate in that respect.”
Chief Justice Cynthia Kinser ‘77: “ In Virginia, we’ve always been an
extremely collegial court. Yes, we may have differences of opinion in
a given case, but the collegiality has never been absent at all. I don’t
think that you see the kinds of fights that you see in some of the
federal appellate courts.…
“Oral argument is very important. I go into all the cases having
read the briefs and done the research and having some view about
it, but there are many times when oral argument changes that view.
Sometimes you go in on top of the fence and really hope that what
you hear in oral argument will push you one way or the other. I
think it’s very important and is invaluable. I would never want us to
do away with it. …
“I don’t know that it’s necessarily my role to try to get people
to all come to the same decision on a case because I respect all
of my colleagues’ viewpoints. We’re not always going to agree on
everything, but I think it’s my job to make sure that there’s been a
full discussion of the issues so the person who’s writing the opinion
understands where everyone is.”
Michael Gilbert
There are so many things involved in such a conclusion. This idea
of presidential appointment bias is also a big leap, isn’t it?
Schauer: In fairness to the people who make this claim, they
don’t assert that judges are voting to advance the goals of the
party. Rather, they claim that the party of the president is a proxy
for a cluster of ideological views. Since you can’t find out directly
about the ideological views of the judges, this is a decent proxy
for who’s liberal and who’s conservative. Liberal judges vote for
liberal political positions in legal cases, conservative judges vote for
conservative positions. The liberal/conservative perspective makes
more of a difference than you think, and law makes less.
Spellman: Right, with an important caveat: is it accurate? Does it
give you something else besides the law?
Court confirmation hearings, Chief Justice Roberts said it’s just
law; it’s like calling balls and strikes. He has been, in a way, unfairly
castigated for that. He didn’t mean to say it was mechanical. He just
meant to say there’s a difference between the rule-maker and the
rule-applier. Justice Sotomayor says, yes, my background is relevant
but all I do is apply the law. Justice Kagan said it’s law all the way
down. They have very different conceptions of what the law is, and
they are taking advantage of the setting to use the word “law” and
mouth the right words before a confirmation committee to mask
very different conceptions of what counts as law.
Judge Richard Posner is a good example. He has a very expansive
conception of what counts as law and he is willing to defend it publicly, to his credit. Others have a much narrower conception of what
counts as law, and that’s a huge issue.
Professor Gilbert, would better empirical research help support
your view of the value of judicial independence?
What is Law?
That raises the question of what, exactly, is “law”?
Schauer: This is partly an empirical question, but it’s also partly
a normative question and partly a jurisprudential one. What is
law? Everybody says it’s only law. In the three most recent Supreme
Gilbert: Well, it would if you could do it, but I’m not convinced
you can. The point I try to make in my paper about judicial
independence is that people have long conflated two issues. They’ve
said that independence is good because it makes judges more likely
to do what the law requires, but it’s bad because it means judges—
who wield extraordinary power—are not accountable to the public.
People treat this like it’s one issue, a one-dimensional trade-off
UVA Lawyer / FALL 2013 29
Fred Schauer
between independence and accountability. But it’s two-dimensional.
I think about it like this. First, how likely is a judge to do what
the law requires when the law is clear? Bracket the question of what
counts as law. Second, when the judge does not do what the law
requires, either because the law is not clear and doesn’t require a
particular thing or because he or she doesn’t feel bound by law, will
the judge’s non-legal decision be good or bad? The level of independence a judge enjoys could affect both of those questions. More
independence may cause judges to do what the law requires more
often—and, when they don’t do what law requires, to make decisions that are lousy.
Data would be constructive on this point. If we could identify a
class of disputes that are similar across jurisdictions, but one jurisdiction has independent judges and the other “dependent” judges,
then we could look for differences in how they resolve the disputes.
If all the judges make the same decisions in those cases where the
law is clear, and if in the cases where the law is unclear the dependent
judges systematically make decisions that seem better as a matter of
policy, then we’ve really learned something. Suddenly dependent
judges look pretty good.
The problem is we first have to confront the very difficult question of what constitutes law. Before you can determine if judges are
making decisions consistent with law you have to determine what
law requires. And on this we have fundamental disagreements.
As long as the outcomes of cases depend at least in part on one’s
30 UVA Lawyer / FALL 2013
conception of law, and as long as different people want different
outcomes, then the fight over what counts as law will carry on.
Livermore: The other thing to keep in mind is that we’re studying
a funny part of law. It’s only the part that finds its way into courts,
where people more or less disagree about what the law says. There
are obviously adjudications where one party knows that it’s wrong
and it’s just doing it. But let’s say in the major cases, the cases that
we care about, there is a dispute about what the law is. Those are the
hardest cases to test. The many other cases where we know what the
law is just don’t show up in court because disputes don’t arise. You
know what the contracts say, or cases get settled. So we’re looking at
a very slim part of how law shapes behavior. The instability that we
see in law is really an artifact at some level of the small portion of
the law that we’re looking at.
Schauer: Let me say a word in favor of why this is important. Don’t
underestimate the denial of even the most obvious empirical parts
of this in conventional, everyday commentary and legal scholarship,
even about constitutional cases before the Supreme Court. People
who criticize Supreme Court outcomes overwhelmingly act as
if the justices have made obvious blunders when, in fact, there
is a disagreement about policy or morality. Most constitutional
law casebooks are overwhelmingly filled with cases and not the
other things that might inform judicial decisions. There are lots
of people out there who will say they all know that ideology and
personal background and the things we have been exposed to make
a difference, but when they actually write and comment, they look
remarkably constrained by a very narrow conception of law.
If Not Law, Then What?
Gilbert: And the justices don’t help! They write opinions as if the
conclusions they reach are irrefutable and the dissenters, assuming
there are any, are clearly off-base. They don’t write even-handed
opinions that say, look, there are good arguments on both sides of
this case, we’ve picked the side we think is right, but a reasonable
person could do the opposite.
We shouldn’t underestimate the other side of this equation, either.
There are thousands of people out there, including scholars in political
science and other areas, who deny that the law has force under any
circumstance, who believe that it’s all politics all the way down.
Gilbert: This is what I was going to say. The work that Revesz did,
and that hundreds of political scientists have done in the same vein,
is predictive but not explanatory. It’s predictive in the sense that if
you know the ideological makeup of the court, you can sometimes
predict how the court will come out in a set of cases. But that doesn’t
mean you’ve explained why it came out that way. It doesn’t mean
you’ve identified which strands in the bundle motivated judges’
decisions.
Here’s one way to think about it. Does Justice Scalia decide cases
the way he does because he’s politically conservative or because he’s
a textualist? The first, we would say, is an inappropriate basis for adjudication; the second, a perfectly defensible approach to resolving
cases. If the way you measure Justice Scalia in your statistical model
is with an “R” [Republican], then you can’t distinguish between
those two approaches. You may be able to predict Justice Scalia’s
votes, but you can’t tell whether he’s motivated by politics or by law.
Schauer: The people Michael is talking about are people who think
that all of law is the Supreme Court decisions on cases involving
the 1st and 14th Amendments and maybe a few other things. If you
think that’s all of law, then you’re likely to dramatically overestimate
the indeterminacy. Even the legal realists were more sophisticated
than they’re given credit for being.
If the law isn’t always clear, then how do we decide cases? Political
ideology? Isn’t that just a bundle of life experiences?
Evidence outside the trial record
Judge Eugene Siler: “ Sometimes the parties don’t raise issues that
we think they probably should. Some judges will decide the case on
something that’s not raised. I’m very reluctant to do that. I think if
the parties don’t raise it, then we don’t decide it. I don’t go outside
the record on anything.”
Judge Boyce Martin: “I consider it my duty to get the record straight
in each case, not by consulting outside evidence, but by ensuring
that the argument is based on an appellate record that is complete,
including exhibits. I can’t tell you how many times it resulted in a
proper ruling because the government had done absolutely nothing,
the defense attorneys had done nothing. They hadn’t even cited
any cases that were very beneficial. I had to do all the work with my
clerks, and in the end, the result was right, and it was a much better
reasoned result than it would have been if it had just been affirmed
without any real investigation. …
“You’re talking to me about 50 years of experience as a prosecutor,
a defense attorney, a civil litigator in a big firm, a state trial judge, a
state court of appeals judge, a U.S. Circuit judge, and a retired human
being looking back. Everything has had its influence at one time or
another. Everything is open to question and explanation and doubt.
The only hope when I finish the decision and mark it filed was that it
was right and fair.”
Chief Justice Myron Steele: “ We would
not do that. What our judges should do
is get in touch with the lawyers and say,
‘I’m dissatisfied with the presentation.
I’m convinced that my own independent
research would get information that I
desperately need. I want your consent
to address the following sources of
information or you address them and present them to me.’ There
won’t be any independent investigation by the judge outside the
record, and certainly not until the judge has sat down with the
lawyers and informed them that he is dissatisfied and inclined to do
his own research and get the lawyer’s reaction on the record.”
Chief Justice Cynthia Kinser: “ I don’t consider it.”
Judge J. Harvie Wilkinson III ’72: “ The law has a certain formality
at its core. To some extent, it’s a high church and imposes a certain
constraint. This whole idea that we’re going to consult another
discipline and look at the consequences of what we do and weigh
costs and benefits just lets you loose on a sea of unfettered discretion.”
UVA Lawyer / FALL 2013 31
Constitutional theory
Judge Eugene Siler: “ I try to look at it the way the courts have
determined it in the past, at least the way the Supreme Court has,
and see if I can fit it in with that. If there is no guidance, why we’re
freer to go in to see what was really intended from the start, or
whether this was part and parcel of what the Founders wanted.
I go to the text of the Constitution as much as I can. Sometimes
I might have to go back to the proceedings of the Constitutional
Convention or the Federalist Papers.”
Judge Boyce Martin: “ I agree with a lot of what Judge Wilkinson has
said. However, it is difficult today to interpret a statute’s meaning
under the Constitution unless you consider it in the context of
today’s world. I agree we should not legislate, but should interpret.
“I think some of the watershed cases where ideals of social
justice overrode a legalistic approach was during the New Deal,
Brown v. Board, then probably Roe v. Wade and the affirmative
action cases like Michigan v. Gruter, where instead of leaving it up
to the elected officials and legislature, the courts determined that
the Constitution required something be done now because the
legislature had done nothing before. …
“Of course, I wrote the first Affordable Care Act opinion that
upheld it. I upheld it under the Commerce Clause, and Chief Justice
Roberts knew he had to find that it was constitutional. He just
couldn’t agree that it was under the Commerce Clause, even though
the health industry makes up 15% of the economy. …
“I’ve talked at length with many judges in my career about what
they think and how, but not as it relates to a given case. I think on
constitutional theory most of them feel that we are not in the Scalia
mode, but in more of a living constitution mode than has to be
wadjusted to life as it is in this country today.”
With Justice Scalia, he dissented in the DOMA [Defense of Marriage
Act] case, arguing there is “no power under the Constitution to
invalidate this democratically adopted legislation.” The day before,
he concurred with striking down section 4 of the VRA [Voting
Rights Act]. What do you make of that?
Spellman: As a psychologist looking at this, I really care more
about that explanation than just the correlation, “I’m a conservative.
I therefore want it to come out this way, so let me see how I can
justify it.” You might say that someone is doing it because they’re a
conservative, but I would say there’s no way of showing there is that
32 UVA Lawyer / FALL 2013
Chief Justice Myron Steele: “ We tend to see ourselves as statutory
constructionists. We’re loath to write in our own views of what the
correct policy outcome ought to be, particularly in the absence of
any claim for equitable relief. We would try to rationalize whatever
result we thought was appropriate as one that was driven by the
precise language of federal precedent when it involves the United
States Constitution and its principles and our own precedent
and the plain language of either our Constitution or the statutes
of Delaware.”
Chief Justice Cynthia Kinser : “ I think it’s important to be a judge
and not a legislator. I take that very seriously. There are many times
where the General Assembly has said something in the statute that
is perhaps not exactly what they intended. If it’s ambiguous, then
statutory interpretation rules help us discern the legislative intent.
If it’s plain and clear, we’re supposed to apply it as written. Perhaps I
wouldn’t have voted for the statute, but that’s not my job. I separate
out what I might’ve done if I were a legislator from what I do as a
judge. The General Assembly has to make the policy determination.”
Judge J. Harvie Wilkinson III: “ My concern is that these theories
have mesmerized everybody and have become so terribly seductive
that we have almost allowed the theories to serve as a constitution
of their own. I think it’s brought us away from certain fundamental
aspects of the judicial role, the most important of which is judicial
restraint. The different theories of the Constitution have left judges
free to roam at will with their own predilections. That’s a very
unsettling state of affairs because I don’t believe the Constitution
was intended that way. I think that the basic approach to judicial
rulings has to be a certain modesty and restraint on the part of the
judge.” [see page 38 for complete conversation on Judge Wilkinson’s
approach to constitutional theory]
kind of intent involved. Instead, if a judge has paid more attention
to a certain line of cases in the past, and is familiar with those when
a new case comes before the court, he or she might see and decide
the new case similarly to the cases they’ve seen previously and
differently from the ones that are novel.
Once you go looking at things with pre-existing knowledge,
with a certain focus, then you’re more likely to come out with certain answers unintentionally just because of what you’ve known in
the past. I don’t want to use the word “bias” in the way you look
at information because that connotes bad intent, but it’s the angle
from which you approach it.
Barbara Spellman
Livermore: Another thing to think about is the normative
framework. Let’s say that there are legal factors, which should bear
on a judge’s decision, and there are non-legal factors that shouldn’t.
Sophisticated lawyers know that there are cases where the plain
meaning of existing law, applied to the facts, doesn’t mechanically
generate an obvious outcome. Judges, sometimes, need to draw on
a larger universe of factors: their interpretive preferences, policy
intuitions, values, and so on. You need to ask yourself then: What
factors should, and what other factors shouldn’t, be part of the
calculus to resolve the hard cases?
One of the factors that perhaps shouldn’t affect a judge’s decision is partisan advantage. Say I’m a Republican judge. It would be
bad for me to find that voter ID laws are valid simply because I want
to benefit the Republican party in future elections. That would be a
bad reason, right?
Alternatively, for a judge appointed by a Republican president,
maybe that judge was selected knowing he or she had a particular
background that would make her more sympathetic to management in labor disputes. Based on that information, we might be
able to make predictions about how that judge might act in difficult
cases under the National Labor Relations Act. Is that a bad thing,
if we accept that values are going to be part of how judges make
decisions? That’s obviously a normative question that folks need to
ask. My sense would be no, but others might disagree.
Legalists vs. Realists
What is the dispute between the legalists and the realists? That the
resulting decision of one or the other is more or less valid?
Schauer: It’s a dispute about the proportional contribution of
formal written-down law compared to other stuff in producing
judicial outcomes. Virtually no one says it’s all the formal writtendown stuff. Virtually no one says it’s none. It’s a dispute about how
much of one or the other in what kinds of cases.
Spellman: The formal written-down stuff, though, is the nice straw man.
Schauer: Right.
Then, of course, there is the imperfection of language. It’s hard
to pin things down to such a fine degree that it means only one
thing. That’s almost impossible, but you did a piece about that in
an answer to Posner.
Livermore: My point there is that no one’s a formalist and no
one’s a realist in the pure sense. Everyone’s in the middle. Yes, we
have these fights about realism and legalism, but maybe these fights
are all about emphasis rather than content. If you look broadly at
the decisions of the federal judiciary and you include in that the
UVA Lawyer / FALL 2013 33
Michael Livermore
unpublished decisions, then you see tremendous agreement among
judges on how to apply the law. It looks like it doesn’t matter who
the judges are. That’s what I think makes up the formalist position:
that you could swap judges and you’ll get the same outcomes.
But if you look only at 1st Amendment and 14th Amendment
cases in the Supreme Court you might say you’re stupid if you’re
a formalist, because obviously politics is what’s driving these decisions. Change one justice, and you have a totally different outcome.
So it’s really a question of emphasis, what part of the law you want
to understand, more than it is about actual views about how law
affects decision-making.
Partisanship, Ideology, and Cognition
Partisanship is different from ideology, isn’t it? Certainly, it is very
rare at the federal level to see a purely partisan decision.
Schauer: It’s rare to see a nakedly partisan opinion. People frequently
accuse those who write opinions they disagree with of being nakedly
partisan. Indeed, there were all sorts of accusations about naked
partisanship in Bush v. Gore, but in fact the number of justices who
voted somewhat differently than they had in the past on questions of
state power versus federal power were, roughly … all nine of them.
Both sides reversed roles.
Spellman: I also think intentionality is part of it in this emphasis
on how much is law and how much is something else. But the ugly
part, the accusational part, is, “you just wanted Bush to be president
so that’s why you found that way and then made up reasons to
support that decision,” whereas that doesn’t have to be the case to be
a realist. You don’t have to think that it was done intentionally, just
that there are extra-legal factors.
Spellman: So you believe that if you had locked them in a room
so they didn’t know what was going on in the election and you
gave them the story but everywhere the name “Bush” appeared you
replaced it with “Gore,” and everywhere the name “Gore” appeared
you replaced it with “Bush,” every justice would have decided exactly
the opposite way?
Livermore: Extra-legal, which of course takes us back to our
Schauer: I don’t know.
question of what counts as a legal factor and what doesn’t?
Gilbert: This highlights a dilemma in empirical studies of judging.
Judges know the stakes when they decide cases. They can see
where each line of reasoning leads. So when they reach a particular
34 UVA Lawyer / FALL 2013
decision and you study it after the fact, you can’t tell whether the
logic led them to that decision or whether they picked the decision
they liked first and then backwards-programmed, finding the logic
that would get them there. If you could hole up some judges and
their cases in one room, and if you could hole up some copycat
judges in another room with cases involving opposite sets of facts,
and if you could obscure from all of them the relationship between
their cases and the world at large, then experiments could really get
you somewhere. Good luck with that!
decision-makers, most commonly judges, have a pretty strong view
about the outcome that they want to reach. They then examine
the law in light of their preferred outcome, and many times—
not always, but many times—looking at what the law is with
this kind of motivation leads them to find the law that supports
their initial views. There’s a big literature in psychology called
motivated reasoning. There’s this ugly word in some of the recent
literature called “myside bias,” but we look at the world in light of
preferred outcomes.
Schauer: The most plausible understanding of legal realism, and
Spellman: There’s even a better bias called the “blind spot bias,”
where you can find the biases in everybody else but you don’t see
the biases in yourself.
it’s a widely caricatured position, relates closely to what Mike just
said. That is, one of the core claims of the legal realists is that legal
“Making” law
Judge Eugene Siler: “ When you deal with statutory law that’s kind
of vague, you have to decide a lot of things that Congress didn’t put
in there. Maybe they had to pass it as a compromise, so they leave
out some of the details and we have to fill them in. Congress knows
what we’re going to do if they don’t put in the details of it. …
“Most people say they don’t like activist judges, but sometimes
judges have to do it because it’s our job to fill in the blanks. In my
mind, an activist judge is the type of judge who would raise an issue
that the parties didn’t raise at all and decide the case on something
that was not part of the briefs or not part of the case, or wanted
to change the law or raise an issue that the parties didn’t want or
didn’t think about.”
Judge Boyce Martin: “ We haven’t adopted
the Napoleonic Code and we’re not living
like the Italians, French, Germans, and
Spaniards. We’re using the same system
as the English system. That’s part of the
struggle of our society today. The attacks
on the judiciary have been going on since
the Supreme Court began. They’re the easy
whipping boy and judges don’t like to be
out front.”
Chief Justice Myron Steele: “ The common law fills the gap when the
legislature doesn’t step in with a statute in our state. Maybe there’s
a difference between where you draw the line about sensitive social
policy issues and where you draw the line about what principles to
apply to resolve a dispute between litigants. That social policy overlay
is where you get into people’s sensitivity about judges making law
and you get crazy phrases about “activist judges.” I think controversies
are unavoidable at the level of the United States Supreme Court and
maybe at some federal circuit levels and in some states. It may be
unavoidable because the high courts have been confronted directly
with a social policy question the Constitution or applicable statutes
address ambiguously and the court can’t dodge it.”
Chief Justice Cynthia Kinser: “ The dividing line for me is it’s my
responsibility to interpret the ambiguous statute, but it’s not my
responsibility to put a gloss on it as to what I think it ought to be if I
were a member of the General Assembly.”
Judge J. Harvie Wilkinson III: “ A lot of living constitutionalists
have tried to compare their system to the old common law judge.
They say they’re not that different from Benjamin Cardozo, who
had to recognize the adaptive qualities of law. They say the great
characteristics of the common law system are that it’s adaptive
and incremental and works on a case by case basis, and that that’s
all they’re doing as living constitutionalists. Well, that’s not all
they’re doing.
“Common law rulings were handed down by state judges and
applied in a particular state. A legislature could overturn them. But
these constitutional rulings often just throw federalism overboard.
They don’t apply to just one state. They’re saying that it is the
final word for the entire country and no legislative authority can
overrule them. So, in both the scope and the finality of it, the living
constitutionalists are operating totally different from our great
common law tradition. For them to try to co-opt that tradition and
say that they’re the descendants of the great common law judges is
just wrong.”
UVA Lawyer / FALL 2013 35
Empiricism in Appellate Practice
Livermore: Good lawyers know this stuff, too. Part of the way this
plays out is how you argue before judges, how do you convince
judges? Obviously, you don’t go to a judge and say, “You’re a
Republican, so you vote with my side. I’m going to go collect my
paycheck now.” For the same reason, in the classroom, we don’t
emphasize ideological explanations for judicial decisions. We’re
training lawyers to practice before courts—and that wouldn’t really
help students prepare for practice before courts. Smart advocacy
requires a lawyer to do the legal analysis first, and then set up a
convincing narrative that might implicate a broader range of values.
In the end, you want both pieces to point the judge toward the
conclusion that is favorable to your client.
That’s where the empirical research tells you what those proclivities
are and how you would navigate that thicket.
Livermore: Who appointed them is actually the least important
thing. You can learn a lot more about their judging style, what kinds
of arguments they favor and disfavor, by looking at and thinking
about their past decisions. I actually don’t think empirical studies to
date give you much purchase from an advocacy perspective.
Justice Roberts based his opinion on the constitutionality of the
Affordable Care Act on the taxing authority of Congress instead
of the Commerce Clause. Is that a preconceived notion that Justice
Roberts has in the back of his mind about the proper limits of the
Commerce Clause? If so, is that appropriate?
Schauer: It sounds very similar to what John Marshall was accused
of doing in Marbury v. Madison. Maybe that sort of sets the ground
rules for what’s appropriate and what’s not. Marbury v. Madison
involved, under some accounts, John Marshall wanting to tell his arch
enemy Thomas Jefferson what to do, but John Marshall knew that he
didn’t have an army to back it up. So Marbury v. Madison is a scolding
of Thomas Jefferson but ultimately comes down the other way.
Or, under another interpretation of Marbury v. Madison, John
Marshall was interested in establishing judicial review but the best way
to establish judicial review was to do it in a case in which that wasn’t
the major issue, so there’s a long tradition of judges being strategic.
Gilbert: This leads to an interesting point, which is that the vast
majority of these empirical studies of judging take as their dependent
variable — that is, the thing they’re trying to explain—the judges’
votes or the outcomes of cases. But lawyers often do not care about
particular outcomes, they care about the rules cases establish. A
political scientist might systematically see correlations between
judges’ ideologies and their votes, and he or she may conclude that
it’s ideology doing all the work. But it could be that the content of
36 UVA Lawyer / FALL 2013
the rules was determined, and the rules thereafter direct behavior, in
ways that we would consider quite legalistic and objective.
Livermore: This cuts against what a genuine realist would say:
the rules don’t matter. If the rules don’t matter, then what are we
fighting about, anyway? We’re spending all this time fighting about
the rules, but then if we don’t think the rules matter …
Schauer: And, of course, legal realism is the interesting straw
person. No actual realist ever believed that the rules didn’t matter.
Spellman: There’s the formalist straw man and the realist straw man.
Schauer: If we are looking for a straw man for realism, it’s probably
Jerome Frank whose flamboyant language encouraged it. If we’re
looking for the straw man for formalism, it’s probably Jeremy
Bentham who had such contempt for judges that he wanted laws
to be written in a stunningly detailed precise fashion so judges
would have no power. But, since then, I’m not sure we have any real
examples of either.
The Practical Effects of Empirical Research
Where does all this lead? Where will we be in 20 years with
empiricism and what practical effect will this have on your students?
Schauer: Twenty years ago we weren’t anywhere near this close
to admitting the importance of the empirical side, so it’s easy to
quibble now about maybe having gone too far. Thinking it was
useful to do serious empirical research about judicial behavior,
other than in political science departments, was alien to the law
school environment. There’s been a huge change in 20 years.
Will it just gradually gain credence and judges will feel that they’re
looked at differently? Will this do anything to the way they hand
down decisions?
Spellman: I’m not sure about that, but these days we worry about
appointing a diversity of judges. We want to appoint minority judges
and female judges and if we truly believed it was just law all the way
down, then why should that really matter? You either believe that
they’re bringing something different or interesting or important, or
as with a jury, you just want it to look good so that people will go
with the law because you have some kind of representation.
Remember when Sandra Day O’Connor was the first female
justice on the Supreme Court and a magazine cover appeared that
said “Justice for All.” Really? One out of nine Supreme Court justices
is a conservative woman and now that’s justice for all? So, I think
Empirical study of judicial deliberations
Judge Boyce Martin: “ I’ve been pushed from a moderate middle to
far more what people today want to label as liberal, and what I hate
the most is that they talk about which president appointed me.”
Chief Justice Myron Steele: “ From the Delaware high court
perspective, if you’re talking about whether it’s Democrat/left as a
gross generalization or Republican/right as a gross generalization,
we’re uniquely situated. I believe we have the only state
constitution which mandates that each of our important courts
has to be balanced by party. You can have no more than a majority
of one from a political party so party politics is basically out of our
system. It’s not an issue.
Chief Justice Cynthia Kinser: “ I understand what they’re saying, but
the question I would raise is does that mean that someone who’s
not been a Republican or a Democrat publicly in their life and career
before going on the bench doesn’t have a chance because they’re not
tagged as a Republican or a Democrat? …
“Over the years the Virginia Supreme Court has never had the
kind of voting bloc that you see in the United States Supreme Court.
On any given day, those of us who might be viewed by the outside
world as being conservative or liberal
are agreeing on issues, and if you look at
the history of our court, you’ll see that
we do indeed have a lot of unanimous
decisions. I’ve been there 16 years and I’d
say at least three-fourths of the time or
more we’ve had unanimous decisions. …
“I think whether you’re a judge or
something else, you are the accumulation of all the life experiences
that you’ve had. We’re all very different people because of those
life experiences. We have different viewpoints, but I think that the
beauty of an appellate court is that you bring together in Virginia
seven people who come from different backgrounds, who’ve had
different experiences and different viewpoints. I think because of
that we deliver better decisions in the cases that come before us. …
“I sometimes wonder, do our legislative bodies sometimes
punt on the really difficult social issues and necessarily force them
into the courts? I sometimes wonder if that happens in the federal
system especially.”
Schauer: I won’t get into the confirmation process. That has been
statutory interpretation limits judicial discretion—and, by the
way, probably tends to produce conservative outcomes. We don’t
actually know if those things are true, and there are a variety of
reasons to think they’re false, if not across the board then at least in
certain circumstances. Empirical studies of judging may cast some
light on these issues. If there’s a feedback loop between judges and
legislators, those studies could also help us understand and better
shape the character of statutes in the first instance — whether they
are more rule-like or standard-like and so forth.
a charade for a hundred years and it’s going to continue to be a
charade. Some number of grandstanding senators will ask Judge Soand-so, “Are you going to make new law or are you going to decide
cases according to what was set forth by the Founding Fathers?”
Anybody smart enough to be in that position knows what the
right answer is to that question. I don’t think we’re going to make
any progress there. But we may make some progress in terms of
scholarship. We may make some progress in terms of how we teach
our students. We may make some progress in terms of intelligent
commentary.
Schauer: A good example of this, 123 years ago, was when Congress
passed the Sherman Antitrust Act, which prohibits contracts,
combinations, and conspiracies in restraint of trade or commerce.
Congress thought it was perfectly appropriate to let judges create
the body of antitrust law; 120 years after that, the Affordable Care
Act is 2,100 pages long. Nobody thought the thing to do here is to
tell judges to create the corpus of health care law. I think the change
is, in a way, a recognition that judges bring to the table a lot of things
other than substantively neutral, technical competence.
if we learn more about what goes into judging, then there may be
more recognition about how important it really is to have diversity
on the courts.
Empirical studies will back up these arguments in the confirmation
process and in appellate practice. Is there a growing body of
knowledge that practitioners and legislators will be able to use?
Gilbert: We may also make progress in understanding why the
laws that judges interpret are cast in particular ways. To illustrate,
it is a pretty conventional argument that a textualist approach to
Thank you very much.
UVA Lawyer / FALL 2013 37
A Nation Mesmerized and Seduced
Judge J. Harvie Wilkinson III ’72 on “Cosmic Constitutional Theory”
United States Fourth Circuit Judge J. Harvie Wilkinson III ’72 is a longcelebrated member of the Law School community. After graduation,
Judge Wilkinson clerked for Justice Lewis F. Powell Jr. on the United States
Supreme Court, returned to the Law School as an associate professor for
five years, and then served in the Department of Justice and as editor
of Norfolk’s newspaper, The Virginian-Pilot. He briefly rejoined the Law
School faculty before President Reagan nominated him in January 1984
for the Fourth Circuit. The Senate confirmed him that August.
Judge Wilkinson has written five books about his experiences in
politics and the judiciary. His latest, Cosmic Constitutional Theory: Why
Americans are Losing Their Inalienable Right to Self-Governance,
explores the animating principles behind various constitutional
theories—living constitutionalism, originalism, political process theory,
and pragmatism—finding merit in each but a missing ingredient in all
of them: restraint.
We sat with Judge Wilkinson in his chambers at the federal courthouse
in Charlottesville and asked about his reasons for writing his book and
more. The interview has been edited for length and clarity.
JHW: My concern is that these theories have mesmerized everybody
and have become so terribly seductive that we have almost allowed
the theories to serve as a constitution of their own. I think it’s
brought us away from certain fundamental aspects of the judicial
role, the most important of which is judicial restraint. The different
theories of the Constitution have left judges free to roam at will
with their own predilections. That’s a very unsettling state of affairs
because I don’t believe the Constitution was intended that way. I
think that the basic approach to judicial rulings has to be a certain
modesty and restraint on the part of the judge.
Learned Hand said the spirit of liberty is the spirit that is not too
sure it is right. You need to appreciate that wisdom begins with an
appreciation of the limits of knowledge. My problem is that these
theories have been so beguiling and propounded by such legal luminaries that we’ve lost sight of the basic value of restraint. People
have deployed these theories to reach results that are congenial on a
policy level but really don’t have much to do with the basic role the
judiciary was intended to play.
A judge ought to look at his role like playing a part in a symphony. When you’re in a symphony, the violins have to understand
what the violas are doing, and the violas have to understand what
the cellists are doing, and the strings need to understand that they’re
playing in coordination with the woodwinds and the brass. It’s the
same thing with judges. We are a part of a larger effort playing in
38 UVA Lawyer / FALL 2013
concert, if you will, with Congress, with administrative agencies,
with state courts, with the private sector, and with the executive
branch of government. For our system of government to work, one
part of that symphony, the courts, has to respect the role of the others. These theories aren’t teaching us that very much. They’re just
allowing us all sorts of flexibility and latitude to do what we want to
do, and that’s wrong.
Q: On a practical level, do you think judges tend to make decisions
using experience and common sense and then subconsciously reverse
engineer them to fit their theoretical approach?
JHW: Well, there’s such a large element of discretion in the theories,
and that’s what’s so insidious. … These theories leave everything
up to judicial discretion. For example, living constitutionalism
leaves it up to the judge to define the law in terms of what the
judge conceives to be conditions of modern enlightenment. Living
constitutionalism encourages the judge to believe that we are on
the vanguard of what society ought to be thinking, but the rights
that the living constitutionalists create often find no grounding in
constitutional text or theory or structure. It’s just all up to them.
Originalism started as an answer to this. Then it proved to be
little better than the theory it sought to displace. Look at the large
element of discretion in originalism. You can just pick and choose
what it is you like and call it original intent. The Heller decision
went across the ocean to find some of it in the Stuart kings of
Britain, and then they went a hundred years after the enactment of
the Second Amendment to find other evidence. And sometimes the
lack of that evidence allows the judge equal discretion to say, well,
we don’t know for sure so let’s do this.
Respecting the role of others in our system, the Constitution imparts two forms of liberty. Individual liberty is protected by our precious
Bill of Rights, but democratic liberty is protected by the Constitution’s
commitment to self-governance. Judges must respect both.
Anyway, I was dismayed at the trend of things and where all these
theories are leaving us. They’re very captivating to people because
they’re so bright and they’re so creative, but we’re being mesmerized. We’re being sold a bill of goods. It’s led to misadventures of all
sorts. Roe is one. Heller is another.
Q: Do you use any parts of these theories in your decision-making,
not purposefully, but in how you deliberate?
JHW: When I approach a case the first question I ask is not what do
I decide, but whether I am the one to decide it. That’s fundamental.
My overall framework of judging is fairly simple. It’s no big theory.
These thoughts have been voiced many times before.
We sit there and we respect the text and history and structure
of the Constitution. We respect the role of the Congress and the
executive branch. We respect the role of the states. We respect the
expertise in appropriate cases of administrative agencies. We respect
the role of trial judges in findings of fact. We respect the role of
precedent. That’s no big theory, but if you follow it, it leads you to a
certain respect for other people. You don’t have all the answers. You
start to think maybe some other people have some good answers,
too, and then you start to really listen. I think that’s very helpful.
Q: Critics say you have to have a theory of constitutional
interpretation. …
JHW: They say if you want to follow the road of judicial restraint, is
there anything left for you to do? Well, I’ve been telling you there’s a
whole lot left for us to do. We’re not in any danger of running out of
work. Interpreting the law is itself a monumental task. Look at these
very complicated statutes and at the Code of Federal Regulations
that probably stretches around the earth several times and maybe
even to the moon.
It’s no theory, but the Constitution has a role for judges to play.
It’s very explicit and embodied in a set of “do nots.” It waves a finger
at government and it says: you do not do certain things. You do not
infringe the free exercise of religion. You do not establish religion.
You do not impinge and suffocate free speech. You do not undertake
unreasonable searches and seizures. You do not compel someone to
testify against themselves. You do not discriminate on the basis of
race. You do not impinge upon free expression. Judges have a big
role in enforcing constitutional “do nots.”
But when you go from enforcing enumerated rights to drawing
limits on the enumerated powers of a coordinate branch, you’re taking a big step. Now, the courts have tried for more than a century to
find some workable limits to the commerce power. They’ve tried this
idea and they’ve tried that idea. They’ve tried the difference between
commerce and manufacturing and the difference between direct
and indirect effects on commerce, and then finally, after Lopez, they
settled on a three-part test, the most significant element of which
is, does the activity in the aggregate have a substantial effect upon
commerce. Well, that’s as elastic as it can possibly be. What has and
has not, or what is or is not, a substantial effect is a totally subjective
test and totally in the hands of judges. It’s in the eye of the beholder.
That’s where judicial restraint really ought to kick in. You would
think after more than a century of misadventures with this kind of
thing that we would have learned, but apparently not.
Q: Do you believe the Commerce Power has been used consistently
with the intention of the Framers?
JHW: Yes, I think it’s broadly been used by Congress to regulate
interstate commerce in a way that draws this nation together as one
commercial unit and recognizes that commerce is something that
increasingly cuts across state lines. Congress has made numerous
enactments pursuant to this enumerated power, and its efforts in
this regard are subject to a heavy presumption of respect unless
they’re trampling on one of the constitutional “do nots.”
UVA Lawyer / FALL 2013 39
Q: One of the things you said about living constitutionalism is that it
gets to the point where it’s now so ingrained in society that it would
be activist to roll it back.
JHW: I hear you. And I think there you have to ask yourself two
questions. Number one: a reliance interest builds up in judicial
decisions over time, and courts do wish to respect precedent. You
don’t want the law to be up for grabs every time a new justice joins
the Supreme Court. I think we’re all practical enough to say we can’t
just take every living constitutionalist precedent and just throw it
overboard. That is not the way to proceed.
But on the other hand, I don’t want this to become a one-way
ratchet where living constitutionalists come up with a series of decisions not legally grounded and say, “Aha, we’ve got you. It’s now
precedent and you have to respect it.” It’s always a one-way ratchet
and we go more and more down the road to amplifying judicial
power. And so we have this Scylla and Charybdis, if you will, of being practical and respectful of precedent on the one hand, while on
the other you have the history of law as a one-way march aggrandizing judicial power.
So how do we strike the balance? Well, the judiciary moves in a
bit of an arc. We don’t make abrupt U-turns. The earlier precedents
whose legal grounding is suspect should be tempered and changed
and limited, but not abruptly. It’s an arc. It’s not a quick U-turn.
Q: You predicted accurately that the Affordable Care Act should be
upheld, however flawed it may be. The courts would have to give
a very good reason to overturn such an act of Congress. Were you
surprised that Chief Justice Roberts used the taxing power, and not
the Commerce Clause, to uphold the individual mandate?
JHW: Well, I wouldn’t want to get into it too much. I respect
the result that the Court reached in that case. Personally, were
I in Congress, I would never have voted for it, but that’s a totally
different question from the question before a judge. I was never
able to convince myself that the ACA was unconstitutional. I think
it’s a deeply flawed enactment but also a constitutional enactment.
Legislation can be profoundly wrong in the opinion of the judge
and yet be thoroughly constitutional. To the degree that the ACA is
going to be overturned or modified or adjusted, it’s going to have to
be through a series of compromises struck by the political process.
I’ve said this many times. I’ve never been able to convince myself that it was unconstitutional given the sizeable role that health
care plays in the national economy, and the fact that large elements
of it are interstate. I have never been able to persuade myself that
Congress was disabled from addressing this subject.
Q: Is it appropriate for an appellate judge to disagree about a
particular constitutional provision and find ways to weaken it?
40 UVA Lawyer / FALL 2013
JHW: You have to give a lot of respect to precedent, but it’s not absolute.
There’s got to be some room for play in the joints as far as precedent
is concerned. The court has a different standard with respect to
statutory precedent and to constitutional precedent. The theory goes
that because constitutional precedent was created by judges, judges
should feel freer to modify it, whereas statutory precedent ought to be
left pretty much to Congress to change. That’s an interesting general
observation, but I’m not sure how much it helps.
Q: Is judicial activism the opposite of judicial restraint? At the
appellate level in our common law system, sometimes judges have
to make law to fill in blanks left by the legislature. Is that being an
“activist judge”?
JHW: A lot of living constitutionalists have tried to compare
their system to the old common law judge. They say they’re not
that different from Benjamin Cardozo, who had to recognize the
adaptive qualities of law. They say the great characteristics of the
common law system are that it’s adaptive and incremental and
works on a case by case basis, and that that’s all they’re doing as
living constitutionalists. Well, that’s not all they’re doing.
Common law rulings were handed down by state judges and
applied in a particular state. A legislature could overturn them. But
these constitutional rulings often just throw federalism overboard.
They don’t apply to just one state. They’re saying that it is the final
word for the entire country and no legislative authority can overrule
them. So, in both the scope and the finality of it, the living constitutionalists are operating totally different from our great common law
tradition. For them to try to co-opt that tradition and say that they’re
the descendants of the great common law judges is just wrong.
Q: What about those areas where there is a legislative vacuum, either
on purpose or by accident, which an appellate judge has to fill?
JHW: We fill in vacuums in the sense that statutes are ambiguous
and we have to interpret ambiguity.
Q: Is that “making law”?
JHW: Well, no, because I think Justice Brandeis said in Erie that
there’s no general federal common law, so I wouldn’t call it “making
law.” I would say that what you do when you interpret a statute or
a ruling is to ground your decision in law. The answer may not be
100% clear, but that doesn’t mean you’re creating law or making
law. What you’re always doing is relying on the textual grounding,
the statutory grounding, the historical grounding, and what’s the
structure in terms of separation of powers or between the federal
government and the states. But you’re trying to ground that decision
in solid legal principles, the more specific of which probably trump
the more general.
Q: Brown was perhaps the iconic case of law getting out of the way of
society, or bad law but good policy. Would you say Lochner was the
opposite—good law but bad policy?
JHW: Lochner was misguided for many reasons. It was not grounded
in contract law. It was proposed as a substantive due process theory,
and a substantive right was imported into a procedural clause. The
due process clause has always suggested procedure to me and to
most first-year law students until they get turned around.
Now, Lochner is a perfect example of living constitutionalism. It is
taking the due process clause and putting in these substantive rights
which the employer wanted. It was a very congenial ruling for business. They have a right to contract, which would mean, if you carry
it far enough, that there could be no minimum wage and no interference with business vis-a-vis their workforce. So they ginned up this
theory, essentially. It wasn’t as full blown as it later became, but it was
a progenitor of living constitutionalism. They had this pro-business
agenda, which they put in using substantive due process.
Oddly enough, the liberal justices on the court who were so eager to repeal what I agree was the unfortunate legacy of Lochner in
the 1930s and the New Deal court­—this is one of the great ironies of
American legal history—proceeded to do the very same thing under
the due process clause that Lochner had done. They read into it a
set of substantive rights that coincided with their own particular
modern day agenda, so they’re all in the same camp together. You
can say there’s a difference between personal and economic rights,
but most of these living constitutionalist rights historically were the
responsibility of state legislatures and resided at the core of the state
police power.
Q: Have you ever had a debate with Judge Posner on the record?
JHW: We have. We’ve certainly exchanged barbs in our different
work and we’ve had some long-distance correspondence which did
not manifest complete agreement, but I have to say this: I like Dick
Posner enormously. He’s such a nice person and the thing that’s
engaging about Dick is he’s always willing to take you on about
anything; he’s always ready to join the issue. That’s a lot of fun for
me. He’s been a great credit to the federal courts.
Q: I suppose the part that probably bothers you the most about his
arguments is how he researches outside the trial record to put things
in context.
JHW: Yes, what he calls pragmatism. It’s way too loose. The law has
a certain formality at its core. To some extent, it’s a high church
undertaking and it imposes a certain constraint. This whole idea that
we’re going to consult another discipline and look at consequences
of what we do and weigh cost and benefits just lets you loose on
a sea of unfettered discretion. I always thought legislatures had a
certain role in gauging what the effect of a policy would be. Dick
is just letting us all out on the high seas, and I guess we can just
sail our little craft where we will. He’s done the same thing that the
originalists have done and the living constitutionalists have done.
They’ve just imparted unfettered discretion to the courts.
All the theories, and even the anti-theories, are like Dick’s
pragmatism. They’ve all failed. They’ve gone too big. They’ve succumbed to grandiosity. They should never have done that.
Q: Are you the same judge today as you were when you first went on
the bench?
JHW: Oh, gosh. I hope there’s been some real consistency to my
record, but I hope I haven’t been so wooden that I have closed off
my mind.
My approach to it is basically the same. I’ve tried to remember
just how much every case matters to the parties before the court. It
may be one of hundreds that we hear, but to the people affected, that
one case is everything. Just like when you walk into a doctor’s office,
you want the physician attentive to you, not the patient before or
the patient after. Well, people have the right to expect that same attention from a judge.
I’ve just tried to respect other people and other organs of government, but when a core constitutional liberty protected by our Bill
of Rights and the 14th Amendment is at stake, I’ve moved hard to
support that. I take that very seriously because that’s really the heart
of who we are. Our free speech; our free exercise of religion; the fact
that the state doesn’t discriminate on the basis of race, color or creed;
the fact that we do have a degree of privacy in our personal effects;
the fact that we do have certain rights at trial, to counsel and crossexamination, and not to have confessions coerced from us. Those
rights I take very very seriously and that’s what I regard as a core of
my charge because that’s really a great part of American liberty.
Q: You’re the judicial equivalent of Cincinnatus walking away from
all the power that we want these theories to give you. …
JHW: I ask you, isn’t one of the really worthwhile traits of public
service, at all levels and in all branches, a sense of restraint? A
restraint in appetite, it seems to me, translates into character. Isn’t
that one of the great characteristics of the Roman Republic? What
you worry about is becoming dulled by the spirit of empire and
the blandishments of a more modern, more prosperous society, but
perhaps restraint on the part of courts can serve as something of a
small example. Maybe I’m naïve here, but restraint on the part of
Congress in terms of its spending habits and of its own deportment
could do the same. Restraint, I think, adds to the character of the
country and I’m simply not embarrassed to be advocating it.
Q: Thank you.
UVA Lawyer / FALL 2013 41
Faculty News & Briefs
In September Kenneth
Abraham presented a paper
at a faculty workshop, entitled
“Self-Proving Causation.” In
October he presented a paper,
“Reclassification Risk and Its
Regulation,” co-authored with
Professor Pierre-Andre Chiappori
of the Columbia University
Department of Economics, to
a conference on “The Law and
Economics of Insurance” held
at the University of Connecticut
School of Law.
In February Barbara
Armacost will be
presenting her paper,
“Restorative Justice” at the
Love and Law Conference
at Pepperdine University
in Malibu, Calif.
Kerry Abrams
published five articles
and book reviews
in the spring and
summer of 2013:
“Plenary Power
Preemption” in the
Virginia Law Review,
“Citizen Spouse”
in the California
Law Review,
“Family History, Inside and Out” in the
Michigan Law Review, “What Makes
the Family Special?” in the Chicago Law
Review, and “The End of Annulment” in
the Journal of Gender, Race and Justice.
“Plenary Power Preemption” was cited
in Justice Sotomayor’s dissent in Mutual
Pharmaceutical Company v. Bartlett.
42 UVA Lawyer / FALL 2013
In July Margo Bagley’s book review, “On Shaky Ground? Review
of Rajshree Chandra, Knowledge as Property: Issues in the Moral
Grounding of Intellectual Property Rights” appeared in the Journal of
Intellectual Property Law & Practice. Her article “The Wheat and the
GMO Tares: Lessons from Plant Patent Litigation and the Parables of
Christ” will appear in the St. Thomas Law Journal (forthcoming 2013,
symposium issue).
In June she was a panelist at ATRIP Congress, University of Oxford,
UK, on “Quality Control and Ranking of Specialized IP Journals.” In
September as a member of the scientific committee, Bagley was panel
moderator and paper discussant at the European Policy on Intellectual
Property Conference in Paris,
France.
In November Bagley spoke
at a meeting highlighting the
release of her Woodrow Wilson
Center-commissioned report,
co-authored with Arti Rai,
on “The Nagoya Protocol and
Synthetic Biology.”
Abrams also filed an amicus
brief in Hollingsworth v. Perry,
the Supreme Court case on the
constitutionality of California’s ban
on same-sex marriage. After the
Court dismissed Perry and struck
down the Defense of Marriage Act
in United States v. Windsor, Abrams
wrote a series of blog posts on the
Concurring Opinions blog discussing
how the Windsor case might impact
immigration law.
In May Brandon Garrett and Abrams
traveled to Muenster, Germany, where they
taught a two-week course to German law
students on “Current Issues in American
Public Law.”
In September Abrams helped plan and
participated on a panel held on Grounds
entitled “After Windsor: Changing Marriage
Laws in the USA.” Other participants were
Claire Guthrie Gastanaga ’74, head of
the Virginia ACLU, and James Parrish,
head of Equality Virginia and a graduate
of UVA. The panel was moderated by
Allen Groves ’90, dean of students at UVA.
Charlotte Patterson, professor of psychology at UVA and chair of the Program in
Women, Gender, and Sexuality, helped to
plan and sponsor the program.
Also in September Abrams discussed
the Windsor and Perry cases for the
2013 Supreme Court roundup at the
Law School, an event sponsored by the
Student Legal Forum and planned by
A.E. Dick Howard ’61. Other panelists were
Kim Forde-Mazrui and Risa Goluboff.
Faculty News and Briefs
…
The tragic shootings at Sandy Hook,
Chicago, and the Washington Navy Yard
in recent months have heightened public
interest in the laws governing access to
firearms by people with serious mental
illness. Richard Bonnie ’69 has been
actively involved in efforts to develop and
enact sensible evidence-based proposals
on these issues in Washington and in state
legislatures. A Consortium on Risk-Based
Firearm Policies, which he helped to create
with other experts on mental health, public
health, and gun violence, is developing legislative proposals on criteria for temporary
removal of firearms from people experiencing episodes that elevate risk of suicide or
violence, for disqualifying people from
purchasing firearms if they have histories
of violent misdemeanors, and for restoring
firearm rights to people previously disqualified based on histories of mental illness.
These proposals will be officially released at
a Public Forum on Risk-Based Policies for
Restricting and Restoring Firearm Rights to
be held at the University’s Batten School of
Leadership and Public Policy in December.
In June in Philadelphia Bonnie participated in a two-day discussion of the effects
of legal protection of liberty and privacy
in mental health care, with the aim of
identifying policies and practices that assure
that people experiencing mental health
crises get the care they need in a timely,
supportive and effective way. In October he
spoke at the annual meeting of the Institute
of Medicine in Washington on professional
ethics, human rights and the values of
medicine.
Bonnie has also continued to promote
an overhaul of the juvenile justice system
based on the 2013 report of a National
Academy of Sciences study he chaired. After
the report (Reforming Juvenile Justice: A
Developmental Approach) was published,
the Department of Justice requested the
National Academies to formulate a road
map for the Office of Juvenile Justice and
Delinquency Prevention to carry out
the vision set forth in the report. Bonnie
agreed to chair this new study, which
began its work in November. Bonnie also
presented the keynote address at the annual
conference of the Virginia Juvenile Justice
Association in November and will present
remarks at the MacArthur Foundation’s
Annual Models for Change Conference in
December where he will discuss the legal
implications of continued advances in our
understanding of neurobiological development during adolescence.
Bonnie has also continued to explore
the legal and public policy implications
of emerging scientific understanding of
the neurobiological, psychological, and
social development of young adults and
about the social, cultural, and economic
landscape in which transitions to adulthood are now occurring. He is chairing a
two-part study for the National Academy
of Sciences on Improving the Health,
Safety and Wellbeing of Young Adults. A
summary of scientific workshop held in
May was published in October and Bonnie
is now heading a two-year consensus study
that focus on the implications of current
research for the nation’s health, education,
and welfare systems and public policies. He
participated in October at a Colloquium
on this topic at UVA’s Curry School of
Education sponsored by Youth-Nex,
a center focusing on positive youth
development.
One of the salient features of the
public health literature on young
adults is the persistence of high rates of
risk-taking, including peak levels of and
alcohol and drug use and vehicle crashes,
into the mid-twenties—an extended period
of vulnerability beyond adolescence.
This period is also the
period of onset for many types of serious
mental illness. Bonnie’s work in this area
has already included a 2004 report for the
National Academy of Sciences on reducing
underage drinking and he is currently
chairing a Congressionally mandated study
for the Institute of Medicine on the
minimum purchase age for tobacco.
Referenda in Washington and Colorado
in November of 2012 suddenly revived
public discussion of marijuana legalization,
a topic that Bonnie addressed in the
1970s in both the academic literature
and the public forum. In June he made a
presentation at seminar at the National
Academy of Sciences on the challenges
of regulating marijuana in a way that
adequately protects the public health.
He offered lessons in regulatory design
drawn from the nation’s experiences
with alcohol and tobacco regulation.
He particularly focused on use of public
distribution monopolies, licensing controls,
and other strategies for avoiding private
promotional expenditures aiming to
increase consumption, while establishing
and funding channels for communicating
effective public health messages. He made
presentations on this topic at several other
conferences, including a symposium on
Compelled Commercial
Speech at the Law
School in October
sponsored by the
Thomas Jefferson
Center for the
Protection of Free
Expression.
UVA Lawyer / FALL 2013 43
Faculty News and Briefs
…
This fall Darryl Brown ’90 is
visiting on the faculty of UCLA
law school. In January he is
publishing an article on “The
Uncertain Effects of Efficiency in
Criminal Process” in the Virginia
Law Review.
Brown is slated to present
papers at the Criminal Justice
Round Table at Vanderbilt
University in November and at
the Criminal Justice Symposium
at Southern Methodist University
Law School in January.
Michal Barzuza’s paper “Noise
Adopters” is forthcoming in the
Columbia Business Law Journal.
She presented the paper at
Brooklyn Law School in August.
She also presented “Do Director
Interlocks Empower Outside
Directors?” (co-authored with
Quinn Curtis) at the American
Law and Economics Association
Conference in Nashville in May
and at Fordham Law School in
October. 44 UVA Lawyer / FALL 2013
Michael Collins’s dedication to teaching was rewarded in April
with the University of Virginia All-University Teaching Award. He
is one of nine UVA professors to receive the accolade this year. “I’m
really happy to get the award,” Collins said. “It means a lot to me,
particularly because there are so many good teachers at the Law
School and because the faculty seems to take teaching seriously.”
Collins previously taught at Tulane Law School, where he won the
school’s distinguished teaching award three times. In addition to
his numerous published articles, he has co-authored casebooks on
federal jurisdiction, civil procedure, and most recently, on transnational civil litigation.
Collins also published a new casebook entitled Transnational
Civil Litigation (West 2013) with George Rutherglen and Joachim Zekoll (Frankfurt); and his article
“Jurisdictional Discrimination and Full Faith and Credit,” co-authored with Ann Woolhandler, will
be published in the Emory Law Journal next spring.
In September Jonathan Cannon
was elected as a Fellow of the
National Academy of Public
Administration. He is serving
as Vice-Chair of a National
Academy of Sciences committee
on the future of EPA’s laboratory
system, which will issue its report
next spring. He is working to
complete a draft of a book on the
environmental decisions of the
Supreme Court by December.
Last spring George Cohen reported on two conferences at which he
was presenting papers. One of those papers has now been published:
“Beyond the No-Contact Rule: Ex Parte Contact by Lawyers with
Nonclients” in the Tulane Law Review. The other, “The State of Lawyer
Knowledge Under the Model Rules of Professional Conduct,” will be
published in January by the American University Business Law Review.
Also in January Cohen will be speaking at the AALS annual meeting
on “Productively Participating in Institutional Governance.”
This year Cohen is serving as the immediate past chair of the UVA
Faculty Senate. In that capacity,
he serves as the faculty consulting member on the Board of
Visitors’ Educational Policy
Committee, Special Committee on
Diversity, and Advancement and
Communications Committee.
In September Albert Choi presented at the Annual Reputation Symposium at
Oxford University and in October at the Organizational Economics Workshop
at the Sloan School, Massachusetts Institute of Technology.
In December he will be presenting at the Theoretical Law and Economics
Conference at Vanderbilt University Law School; in January at the law and
economics workshop at University of Chicago Law School; and in March at the
law and economics workshop at UCLA Law School.
Faculty News and Briefs
…
Kevin Cope’s article, “The Intermestic Constitution:
Lessons From the World’s Newest Nation,” was
published in volume 53 of the Virginia Journal of
International Law. Cope’s latest paper, “Elective
International Law in Congress,” was one of six
submissions recently selected for presentation at the
upcoming annual workshop of the American Society
of International Law’s International Law in Domestic
Courts Interest Group, to be held at Yale Law School. In October
he presented the paper at Washington and Lee University School
of Law.
Cope recently began serving on the supervisory committee of
the American Bar Association’s International Law in U.S. Politics
Brandon Garrett
Quinn Curtis is working on
completing a study of investment
fees in 401(k) plans. He is also
working on a study of outside
corporate directors with Michal
Barzuza. In the near future,
Curtis is planning additional work
on costs in 401(k) plans, including
some policy recommendations to
address excess costs.
and Greg Mitchell just
published studies in
the Journal of Empirical
Legal Studies examining how laypeople
weigh fingerprint
evidence, “How Jurors
Evaluate Fingerprint Evidence:
The Relative Importance of Match
Language, Method.”
This Fall Garrett completed a
study of lineup policies in Virginia,
“Eyewitness Identifications and
Police Practices in Virginia,” which
is forthcoming in the Virginia
Journal of Criminal Law.
Garrett’s essay, “Accuracy in
Ashley Deeks is publishing two pieces in the
coming months. The first is an article in the
Fordham Law Review entitled “The Observer
Effect: National Security Litigation, Executive
Policy Changes, and Judicial Deference.” It
should come out in November.
The second is a book chapter for an edited volume. The title
of her chapter is “Domestic Humanitarian Law: Developing the
Law of War in Domestic Courts.” The book is titled Applying
International Law in Judicial and Quasi-Judicial Bodies:
International and Domestic Aspects, D. Jinks, J. Maogoto,
S. Solomon eds., Asser Press 2014.
National Law School Consortium. As part of the consortium, he supervises a group of law-student editors
who research and write short articles on developing
issues related to international law in U.S. politics.
In October, as part of Georgetown University Law
Center’s Supreme Court Institute, Cope served on
a panel that mooted one of the advocates in Bond v.
United States. Bond addresses, among other things,
Congress’s power to implement aspects of the Chemical Weapons
Convention.
During the 2013–14 academic year, Cope is serving as a visiting associate professor of law at Georgetown, where he teaches
International Law and Contracts.
Sentencing,” is
forthcoming
in Southern
California Law
Review this Fall.
Garrett’s
book review,
“The Banality
of Wrongful Executions” is
forthcoming this fall in the
Michigan Law Review annual
books issue, and reviews three
recent books dealing with wrongful convictions.
His short piece—“Remaining
Silent after Salinas,” is forthcoming online in University of Chicago
Law Review Dialogue.
In May Garrett gave a talk
about his forthcoming book on
corporate prosecutions, “Too Big
to Jail,” in Muenster, Germany
on May 15. In September he
spoke at the Law School about
that research at an event entitled
“Corporate Liability in U.S.
Courts for Global Actions.”
In June Garrett gave a presentation at the United Nations before
the OHCHR Global Panel,
“Moving Away from the Death
Penalty: Wrongful Convictions,”
about lessons from DNA
exonerations in the U.S. for the
global death penalty debate. In September he gave a talk
to defense lawyers at a Public
Defender Conference of the
Virginia Indigent Defense
Commission about false confessions in Hampton, VA.
In November he spoke at
an American Bar Association
conference at the Carter Center in
Atlanta on the death penalty.
In February Garrett will be
helping the Virginia Journal
of Criminal Law organize a
conference on criminal discovery
in Virginia. Garrett has also
written a series of op-eds: “It’s
High Time for Lineup Reform”
in the Richmond Times-Dispatch,
Sept. 1, 2013; “Criminal Justice
and the Court’s Past Term” in the
Harvard University Press Blog,
Aug. 2, 2013; “You Don’t Have
the Right to Remain Silent” in the
Huffington Post, June 19, 2013;
“Are DNA Profiles the New
Social Security Number?” in the
Huffington Post, June 4, 2013
(with Erin Murphy); and “Two
Gateways to Habeas” on the
ACS Blog, May 30, 2013 (with
Lee Kovarsky).
UVA Lawyer / FALL 2013 45
Faculty News and Briefs
…
Michael Gilbert published “Campaign Finance Disclosure and the
Information Tradeoff ” in the Iowa Law Review, and “Interpreting Initiatives”
in the Minnesota Law Review (prepared for a symposium in October titled
“A More Perfect Union? Democracy in the Age of Ballot Initiatives,” at the
University of Minnesota).
In December he is publishing “Judicial Independence and Social Welfare” in
the Michigan Law Review.
Gilbert just completed with a co-author (Ben Aiken ’14) a draft paper titled “Disclosure and
Corruption.” The paper challenges conventional wisdom by showing that mandated disclosure of
money spent on politics can exacerbate rather than reduce quid pro quo corruption. Gilbert also
completed a draft paper titled “Insincere Rules.” The paper shows that rule makers can get regulated
parties to act in preferred ways by, paradoxically, directing them to behave in non-preferred ways.
Between now
and the spring
Andrew Hayashi
Rachel Harmon published
“Why Do We (Still) Lack Data
on Policing?” in the Marquette
University Law Review as part of
a symposium on the Wickersham
Commission. Harmon has also
been nominated to serve on the
National Academy of Sciences’
National Research Council
Committee on the Illicit Tobacco
Market: Collection and Analysis
of the International Experience.
will be submitting a
report to the Citizen’s
Budget Commission
in New York City on
property tax reform
options for the
incoming mayoral
administration. Hayashi is currently doing research on (1) the distributional effects of property tax assessment limitations, (2) the effects of
the housing market collapse on household borrowing behavior, and (3)
alternative models of taxing “phantom income” and wealth. Hayashi is
also in the planning stages of a long term project to develop a searchable
database of state and local tax laws.
In June Deborah Hellman published “Defining Corruption and
Constitutionalizing Democracy” in the
Michigan Law Review. She is the co-editor of
Philosophical Foundations of Discrimination
Law, which will be published by Oxford
University Press in early 2014. In addition to
editing that volume, she has also contributed an essay of her own titled “Equality and
Unconstitutional Discrimination.”
Hellman has written an essay on profiling
called “Racial Profiling and the Meaning
of Racial Categories” which will appear in
46 UVA Lawyer / FALL 2013
the book Contemporary Debates in Applied
Ethics, second edition, edited by Andrew
Cohen and Christopher Wellman which is
expected in 2014 from Wiley-Blackwell.
In June Hellman presented her
paper “Equality and Unconstitutional
Discrimination” at a workshop on discrimination at the Université catholique de
Louvain in Belgium and in May she gave
a short presentation on the topic of “Can
Campaign Finance be Reformed?” at The
Center for the Constitution at Montpelier.
Hellman plans to present her work
In September Risa Goluboff
gave a lecture for Constitution
Day at the Library of Congress.
In addition, she is serving as
special advisor and chair of the
advisory committee for a Library
of Congress exhibition commemorating the 50th Anniversary
of the Civil Rights Act of 1964.
In October Goluboff gave a
legal history workshop at Harvard
Law School. In November she presented (on a panel with colleague
Jessica Lowe) on criminal law
history at the American Society
for Legal History annual meeting.
In December she will be a
visiting professor at the Law
Department of the London
School of Economics.
in the coming
year at Yale and
the University
of Toronto. At
Yale she will
participate in a
conference hosted
by the Yale Law
Journal marking the 50th Anniversary
of the Civil Rights Act of 1964 and at the
University of Toronto she will participate in
a workshop hosted by the Center for Ethics
on The Value of Equality. Faculty News and Briefs
…
A. E. Dick Howard ’61 received
the Legacy of Nuremberg Award
from the Virginia Holocaust
Museum and the Virginia Law
Foundation. He was recognized
for “his unparalleled contribution to global standards for the
rule of law and the
prevention of crimes
against humanity in the
shaping and drafting of
constitutions in many
lands.” Also, Howard
was the keynote speaker
at the Virginia Law
Foundation’s 2013
Rule of Law Award ceremony in
Richmond. His subject was “The
Uncertain Journey to the Rule
of Law.”
At Yorktown Howard made
the keystone remarks at the
cornerstone laying for the future
American Revolution Museum.
He said that, in recounting
the history of the American
Revolution, we are telling a story
that resonates “everywhere that
people yearn for accountable
government and the freedom of
the human spirit.”
At James Madison University
Howard gave the inaugural
lecture in the
University’s Madison
Vision Series. In
a lecture entitled
“James Madison’s
Long Shadow,”
Howard focused on
the global impact of
Madisonian ideas,
including the need for civic
education and the nurturing of a
constitutional culture.
For many years, at each
meeting of the Fourth Circuit
Judicial Conference, Howard has
organized and moderated a panel
reviewing the Supreme Court’s
most recent term. At the conference’s 2013 meeting, Howard
moderated a panel whose members included Linda Greenhouse
(Yale), Ted Olson (D.C. bar), John
McGinnis (Northwestern), and
Allison Orr Larson ’04 (William
and Mary), reviewing the Court’s
2012–13 Term.
Closer to home, Howard
organized and moderated the
Law School’s annual Supreme
Court Roundup. On the panel
were Howard’s colleagues
Kerry Abrams (on the Court’s
same-sex marriage decisions),
Risa Goluboff (on the Voting
Rights decision), and Kim
Forde-Mazrui (on the University
of Texas affirmative action case).
Howard gave an overview of
the term and the Roberts Court
generally. An essay based on his
remarks is being published in
the online Virginia Law Review
under the title, “Ten Things the
2012–13 Term Tells You about the
Roberts Court.”
Deena Hurwitz presented “Applying a Human Rights Based Approach in
Legal Education: A Case Study of Gender Justice in Palestine at a conference in October on “Global Legal Education Approaches, Experiences for
Palestine” at Hebron University College of Law in Palestine. As a pedagogical method, a human rights based approach bridges the theoretical-practical
divide that characterizes traditional legal education. One of the goals of legal
education is to equip and empower lawyers to use the law for the pursuit
of justice. The law must be effectively and sustainably enforced, and that
requires attention to process and outcomes. Teaching students to look at the
dynamics, processes and structures of social, political, and economic relationships as they impact law
and legal systems, and to identify and measure accountability in practical terms, is an essential form
of critical thinking. This paper explores the fundamentals of the human rights based approach and its
advantages for legal education, and applies them to examine gender justice in the law curriculum.
Two Law School clinic students travelled with Hurwitz to work on a project having to do with the
“Separation Barrier” (aka the Wall).
Hurwitz has been invited to be a faculty fellow with the University’s Center for Global
Health—among their first designees. She is also supervising some dozen Law students on several interdisciplinary projects as part of the University-wide Diplomacy Lab, a program initiated by the State
Department to engage students in global related policy work. They will be working with students from
other parts of the University producing memos and research for various parts of the DOS.
In October Leslie Kendrick ’06
attended a conference,
“International Perspectives on
Public Law,” held in London and
sponsored the University of Notre
Dame. She also participated in
the Jefferson Symposium on
Compelled Commercial
Speech at the Law School. The
conference is sponsored by the
Thomas Jefferson Center for the
Protection of Free Expression and
the Journal of Law & Politics.
In January Kendrick will be on
the panel of the mass communication law program at the AALS
annual meeting in New York.
The panel will address “The U.S.
Supreme Court and the Press:
Tensions and Trends.”
In February she will speak at
the 2014 William & Mary Law
Review Symposium on Free
Speech. In March she will present
a paper at the Legal Theory
workshop at UCLA.
Kendrick’s paper “Free Speech
and Guilty Minds” will appear in
Columbia Law Review in 2014.
This year Kendrick presented
the paper at UCLA, Hebrew
University, and the Freedom of
Expression Scholars Conference
of the Information Society Project
at Yale Law School. UVA Lawyer / FALL 2013 47
Faculty News and Briefs
…
Douglas
Laycock
received the
Roger and
Madeleine
Traynor Faculty
Achievement Award from the
Law School. He co-authored a
petition for certiorari in Big Sky
Colony v. Montana Department of
Labor and Industry, involving a
free-exercise claim by a Hutterite
religious group that completely
renounces individual property,
and a Supreme Court merits brief
for respondents in Town of Greece
v. Galloway, involving the kinds
of prayers that can be said at city
council meetings.
In March he spoke at an
invitation-only conference
on Freedom of Assembly and
Religious Liberty, sponsored by
the Federalist Society and the
John Templeton Foundation, in
Charlotte, N.C.
In April he gave the Robert
E. Scott Distinguished Chair
Lecture, on Religious Liberty
and the Culture Wars, at the
Law School.
Laycock recently published
“Edward Schempp and His
Family” in the Journal of Supreme
Court History.
John Monahan’s recent publications include:
Gray, N., Gunn, J., James, D., Monahan, J., Snowden, R., Taylor, P., Walker, J., and
Warren, L., “Dangerousness” in Gunn, J., and Taylor, P., Forensic Psychiatry: Clinical,
Legal, and Ethical Issues (2nd ed). London: Hodder Arnold.
Monahan, J., “Violence risk assessment” in R. Otto (Ed.), Handbook of Psychology, Vol. 11,
Forensic Psychology (2nd ed). New York: Wiley.
Monahan, J., “The inclusion of biological risk factors in violence risk assessments” in I. Singh, W.
Sinnott-Armstrong, and J. Savulescu (Eds.), BioPrediction, Biomarkers, and Bad Behavior: Scientific,
Legal and Ethical Implications. New York: Oxford University Press.
Monahan, J., “Gangs, violence, and psychiatry” in American Journal of Psychiatry, 170.
Swanson, J., Van Dorn, R., Swartz, M., Robbins, P., Steadman, H., McGuire, T., and Monahan, J., “The
cost of Assisted Outpatient Treatment: Can it save states money?” American Journal of Psychiatry,
ajp.psychiatryonline.org, 1–10.
Monahan’s forthcoming publications are:
Faigman, D., Monahan, J., and Slobogin, C., “Group to individual (G2i) inference in scientific expert
testimony” in University of Chicago Law Review.
Monahan, J., and Skeem, J., “Risk redux: The resurgence of risk assessment in criminal sanctioning,” in
Federal Sentencing Reporter.
Michael Livermore has published
(with Revesz, R.) “Regulatory Review,
Capture, and Agency Inaction”
in the Georgetown Law Journal
and “Rethinking Health-Based
Environmental Standards in the New
York University Law Review. He has forthcoming “Cost-Benefit
Analysis and Agency Independence” in the University of Chicago
Law Review and “Patience is an Economic Virtue: Real Options,
Natural Resources, and Offshore Oil” in the University of
Colorado Law Review.
48 UVA Lawyer / FALL 2013
This summer David Martin
and his coauthors published the
second edition of their casebook
on refugee law, Forced Migration:
Law and Policy, T. Alexander
Aleinikoff, Hiroshi Motomura
and Maryellen Fullerton, (West
2013). Martin also published an
essay titled “Dual Citizenship:
Reflections on Theodore
Roosevelt’s ‘Self-Evident
Absurdity’” as part of a Festschrift
volume honoring Professor Kay
Hailbronner of the University
of Konstanz in Germany, on the
occasion of his retirement. Martin
and Hailbronner had collaborated
on many transnational research
projects over the years, co-editing
several books on immigration
and citizenship law.
In April Martin delivered
a lengthy introduction of the
Law School’s distinguished
visitor, Richard Goldstone,
retired justice of the South
African Constitutional Court
and the first prosecutor of the
International Criminal Tribunals
for the Former Yugoslavia and
for Rwanda, before Justice
Goldstone’s remarks to the
Charlottesville Committee on
Foreign Relations.
Later that month Martin was
a featured panelist at a conference at Stanford Law School on
“Immigration Reform: Promise,
Prospects and Pitfalls.” By chance,
the Stanford conference took place
two days after the initial release of
the full 800-page text of the key
Senate bill, which had been drafted
by the so-called Gang of Eight, a
bipartisan group of Senators. The
conference thus provided an early
opportunity for analysis of and
debate over the legal provisions
and the politics that shaped
this bill. (With relatively minor
changes, the bill was passed by
the full Senate in June.)
In June Martin participated as
a panelist in one of the plenary
sessions during the Workshop
on Poverty, Immigration
Faculty News and Briefs
…
and Property, held in San
Diego as part of the mid-year
mMeeting of the Association
of American Law Schools. His
panel addressed the topic “After
[Arizona’s] SB 1070: Exclusion,
Inclusion and Immigrants.”
That same month, he spoke at
the National Convention of the
American Constitution Society
in Washington, D.C. The session’s
topic was “Comprehensive
Immigration Reform: DREAMs,
Possibilities and Obstacles.”
In October Martin delivered
the luncheon keynote address,
titled “What an Unbroken
Immigration System Would Look
Like,” for The Rosemary P. and
John W. Galbraith Conference
on Immigration. That two-day
conference, on “Immigration
Reform: Politics, Policy And
Process,” was organized and
sponsored by UVA’s Miller Center
and held at the Ronald Reagan
Building and International Trade
Center in Washington, D.C.
In June Robert O’Neil spoke and
served as a panel member at two
programs of the national conference of the National Association
of College and University
Attorneys, in which he has been
an active member for many years.
In September he asked Justice
Ruth Ginsburg if she would invite
the law clerks of the Supreme
John Norton Moore is pleased to
report that the 37th annual conference
of the Center for Oceans Law and Policy
(COLP), which Moore directs, took place
in June of this year in Seoul, Korea. The
volume of papers from this conference
which Moore will co-edit, Freedom
of Navigation and Globalization, will
be published by Brill in early 2014. The
volume of papers from the 36th annual
conference, The Regulation of Continental
Shelf Development: Rethinking International
Standards, has just been published and is
co-edited by Moore, Myron Nordquist,
Aldo Chircop, and Ronán Long. The 18th
session of the Rhodes Academy of Oceans
Law and Policy, which is also organized
by the COLP, took place this summer
in Rhodes, Greece, and was attended
by an especially well-qualified group of
52 students.
Gregory Mitchell and Brandon
Garrett recently published “How
Jurors Evaluate Fingerprint
Evidence” in the Journal of
Empirical Legal Studies, and
Mitchell was a co-author of
“Predicting Ethnic and Racial
Discrimination: A Meta-analysis
of IAT Criterion Studies,” which
was published this summer in the Journal of Personality and
Social Psychology. Mitchell was a speaker this fall at the annual
conference of the American Employment Law Council.
Court’s 1962 October term to
gather for a 50th reunion dinner,
which included a number of
children and even a few grandchildren. According to O’Neil,
“she was delighted and thoroughly
enjoyed the event; we all rejoiced at
her good health and good spirits.”
O’Neil’s son David, who clerked
for Justice Ginsburg in 2001,
joined a group of other second
This summer the
Center for National
Security Law (CNSL),
which Moore also
directs, hosted its 22nd
National Security Law
Institute. Moore taught
classes at the Institute
on Understanding War, Institutional Modes
of Conflict Management, and the Use of
Force in International Relations.
In September CNSL co-hosted with ABA
a workshop on “Teaching National Security
Law: Lawyers in the National Security
Process.” The day-long program at the
Law School featured an eminent group of
experts on the topic.
In October CNSL also co-sponsored with
the ABA the 23rd “Annual Review of the
Field of National Security Law” conference
in Washington, D.C.
generation clerks at the party.
In October O’Neil was one of
two presenters at a webinar for
new trustees presented by the
Association of Governing Boards
of Colleges and Universities. As
a senior fellow of AGB, with an
office in downtown Washington
D.C., O’Neil continues offering
such presentations and meeting
new trustees in the process.
Students from top law schools in China
visited UVA Law this summer as part of
the U.S.-Asia Institute 2013 Rule of Law
Program, which aims to increase the
participants’ awareness and understanding
of U.S. politics and culture and provide
avenues for them to critically think about
rule of law in U.S. and China. At the Law
School, the students met with Moore and
Thomas Nachbar, and several students and
administrators.
Moore invited Dr. Rachel Kleinfeld to the
Law School for an October lecture “From
Iconoclasts to Insurgents: Corruption,
Conflict, and Building the Rule of Law in
Weak States.” Kleinfeld was named one
of the Top 40 under 40 Political Leaders
in America by Time magazine in 2010 for
the Truman Project’s work training a new
generation of leaders to advance smart
security policy for America.
UVA Lawyer / FALL 2013 49
Faculty News and Briefs
…
In September Dan Ortiz
delivered his chair lecture,
“Democracy as Consumption,”
to mark his appointment as
Michael J. and Jane R. Horvitz
Distinguished Professor of
Law. The lecture critiqued the
idea of the citizen as the center
of democracy. Instead, Ortiz
explained, citizens are consumers.
He is now working on an
article discussing why First
Amendment doctrine and
voting rights law more generally has failed to offer tools that
can well-analyze the so-called
“Voting Wars.”
In September Richard
Schragger published
“Against Religious Institution”
(co-authored with Micah
Schwartzman) in the September
issue of the Virginia Law Review.
“Is a Progressive City Possible?
Reviving Urban Liberalism for
the Twenty-First Century” was
also published this fall in the
Harvard Law and Policy Review
as part of a symposium on
“Progressive Cities: Innovative
Solutions to Urban Problems.”
Schragger attended a conference on the New Religious
Institutionalism at DePaul
University College of Law
where Schwartzman and he will
presented a paper entitled “Some
Realism About Group Rights.”
In December Schragger will be
presenting the same paper at the
London School of Economics.
In August Michah Schwartzman ’05 presented a paper
entitled “Religion as a Legal Proxy” at the International
Consortium for Law and Religious Studies conference on
Religion, Democracy, and Equality.
In September he (co-authored with Nelson Tebbe, Brooklyn
Law) to an online SCOTUSblog Symposium on Town of
Greece v. Galloway; and helped organize a conference on “New
Religious Institutionalism” at the DePaul College of Law. At the
DePaul conference, Schragger and Schwartzman presented their
third co-authored paper, “Some Realism about Group Rights.”
In February he will be presenting a paper entitled, “Beyond
Religion: A Reply to Koppelman and Berg,” at the second
annual conference of the University of San Diego School of Law
Institute for Law and Religion.
Schwartzman recently published two articles: “Against
Religious Institutionalism” (with Richard Schragger) in the
Virginia Law Review; “Obligation, Anarchy, and Exemption,” in
Constitutional Commentary (reviewing Abner S. Greene,
“Against Obligation: The Multiple Sources of Authority in a
Liberal Democracy”(2012)).
Schwartzman has two papers
forthcoming: “Lost in Translation: A
Dilemma for Freedom of the Church”
(with Schragger) in the Journal of
Contemporary Legal Issues; and
“Reasoning from Conjecture: A Reply to
Three Objections,” in Rawls and Religion
(Tom Bailey and Valentina Gentile eds.,
Columbia University Press, 2014).
Over the summer George Rutherglen published a casebook with
Michael Collins and Joachim Zekoll, Transnational Civil Litigation.
He has also been working on the following articles: “Concrete
or Abstract Conceptions of Discrimination” to be published in a
collection of essays, Philosophical Foundations of Discrimination
Law (Oxford University Press); “Sovereignty, Territoriality, and the
Enforcement of Judgments” (with James Y. Stern), a paper delivered
at the Sokol Colloquium and to be published in the Virginia Journal
of International Law; “The Origins of Arguments over Reverse
Discrimination: Lessons from the Civil Rights Act of 1866” to be
published in a collection of essays on the Civil Rights Act of 1866;
and the “Influence of the Civil Rights Act of 1964 on Subsequent
Legislation” to be delivered at a symposium at Stanford and
published in the Stanford Journal of Civil Rights & Civil Liberties.
50 UVA Lawyer / FALL 2013
Molly Shadel and Graham
Lilly ’63 have an article coming
out in the Arkansas Law Review
entitled “When Privilege Fails:
Interstate Litigation and the
Erosion of Privilege Law.”
Faculty News and Briefs
…
On September 30 Paul Stephan ’77 gave a talk at Case Western
Reserve University School of Law on Taxpayer Abuse and
International Law. In October he took part on a panel at the
annual meeting of the International Law Association on the new
restatement of the foreign relations law of the United States. As
coordinating reporter of that Restatement, Stephan met with two
separate advisers committees of the American Law Institute to
review progress to date.
In February Stephan will present a paper at Duke Law School on
conflicts over international law and the structure of courts. He also
will be teaching International Business Transactions at Duke during
the winter-spring semester.
Fred Schauer returned to
the Law School after spending
2012–13 as visiting professor of
law at Columbia Law School.
He also taught a short course in
June, the Theory and Practice
of Legal Reasoning, at Hebrew
University of Jerusalem. This
summer Schauer’s Spanish
edition of Thinking Like a Lawyer
was published by Marcial Pons,
Madrid.
In July Schauer delivered
papers on reasoning from
authority, legal positivism, and
legal reasoning at International
Congress of Jurisprudence
and Social Philosophy, in Belo
Horizonte, Brazil.
In September he published
“The Jurisprudence of Custom”
in the Texas International
Law Journal, and spoke on
Transparency and Financial
Institutions at the Conference on
Global Financial Regulation at
Yale Law School.
In November he was the
featured speaker on “Law and
Coercion” at Oxford University;
and spoke about parts of current
book-in-progress, “The Force of
Law,” at Cornell Law School and
at University of Toronto.
Pierre-Hugues Verdier is working with Mila Versteeg on a comparative project on the reception
of international law in domestic legal systems around the world. This will be the most comprehensive project of its kind, as it involves looking not only at written constitutional provisions but also
systematically researching legal doctrine in the relevant countries by reference to all available sources,
using the assistance of local attorneys when necessary. They will be presenting the project at the 2014
Annual Meeting of the American Society of International Law in Washington, D.C.
Verdier is also working with Paul Stephan and Versteeg on planning the 2014 Sokol Colloquium,
which will bring together leading scholars on Comparative International Law. This emerging field
examines the differences in how purportedly uniform international law rules are interpreted and
applied in different national legal systems, and the causes and consequences of these differences.
Verdier is also completing an empirical study with Erik Voeten of Georgetown University on the
evolution of foreign state immunity around the world, which he recently presented at the Lauterpacht
Center for International Law at Cambridge University.
Alongside these public international law projects, Verdier remains actively involved in the
field of financial regulation. In the spring of 2014 he will be teaching for the first time a course on
International Financial Regulation, which will combine lectures, professional guest speakers, and
practical exercises on negotiating and drafting financial transactions.
He will also be chairing a panel later this fall at the “Reconceptualizing Global Finance and Its
Regulation” conference at the University of Hong Kong.
UVA Lawyer / FALL 2013 51
Faculty News and Briefs
…
Ted White’s book, American
Legal History: A Very Short
Introduction, will be published
by Oxford University Press
this fall. Oxford’s Very Short
Introduction series, designed for
“anyone wanting a stimulating and
accessible way into a new subject,”
includes over 300 titles, ranging
from Advertising and Ancient
Warfare to Viruses and Witchcraft.
His book is primarily about private
law topics in American legal history
from the colonial period through
the twentieth century.
In February George Yin taught
a UVA flash seminar to
undergraduate and graduate
students on “From the ‘Fiscal
Cliff ’ to ‘Sequestration’ and . . .
Beyond.” The seminar reviewed
the government’s resolution
of its “fiscal cliff ” crisis at the
very beginning of 2013, and
discussed the nation’s longerterm budgetary outlook.
In April Yin delivered the keynote
address to a tax symposium in Chicago
sponsored by the Northwestern University
Law School on “100 Years under the Income
Tax.” Among other things, Yin discussed the
role of nonpartisan staff in the legislative
process. From 2003-05, Yin served as chief
of staff of the Joint Committee on Taxation,
one of the most prominent nonpartisan
staffs presently serving in Congress.
His remarks to the tax symposium were
subsequently published in Tax Notes.
In May Yin commented on “The Impact
of Legal Enforcement: An Analysis of
Corporate Tax Aggressiveness after an
Audit,” at the National Tax Association’s
Spring Tax Symposium in Washington, DC.
The paper presented the counterintuitive
finding of corporate taxpayers taking more,
not less, aggressive tax positions after
experiencing an IRS audit.
In September Yin participated on a panel
52 UVA Lawyer / FALL 2013
In October White participated
in a conference at the Law School
on Charles Beard and the
Constitution. He commented on
papers in the plenary session.
The conference proceedings will
be published in Constitutional
Commentary and White will be
contributing an article entitled
“Charles Beard and Progressive
Legal Historiography.”
discussing recent tax
reform proposals of the
staff of the House Ways
& Means Committee
affecting the taxation of
partnerships and limited
liability companies. The
panel was part of the
ABA Tax Section meetings in San Francisco.
Certain of Yin’s views
were published in Tax Notes and were based
upon earlier work he completed as coReporter of an ALI Project on the taxation
of private business enterprises.
During 2013 Yin completed three other
writing projects. His article, “Legislative
Gridlock and Nonpartisan Staff,” was published in the Notre Dame Law Review. This
article describes the past and present use of
nonpartisan professional staff in Congress
and considers the impact on legislative gridlock if (as some have suggested) Congress
relied more heavily on such staff.
His manuscript, “James Couzens,
Andrew Mellon, the ‘Greatest Tax Suit in
the History of the World,’ and Creation
of the Joint Committee on Taxation and
Its Staff,” will soon appear in the Tax Law
Review. This article delves into the details
of a public and very personal feud between
Treasury Secretary Andrew Mellon and
Senator James Couzens (R.-Mich.), two
White also participated
in another conference at the
Law School on Compelled
Commercial Speech, presenting a paper, “The Evolution of
First Amendment Protection
for Compelled Commercial
Speech,” which will be published
in the Virginia Journal of Law
and Politics.
of the nation’s wealthiest public servants
during the 1920’s. The dispute helped lead
to the creation of the U.S. Congress’ Joint
Committee on Taxation and its staff in 1926,
and affected two of the most contentious tax
issues of the day – the publicity of tax return
information and the depletion allowance for
natural resource production. Yin presented
this work at several venues, most recently at
Boston College Law School in January.
Finally, Yin and co-author, Karen Burke,
completed the second edition and teacher’s
manual of their casebook, Partnership
Taxation, both published in June by Aspen.
Yin is presently scheduled to make
presentations at several programs during
the next few months, including the AALS
annual meeting in New York in January,
a symposium on “Tax Reform in a Time
of Crisis” in Malibu, Calif., sponsored by
Pepperdine Law School later in January, a
tax policy workshop at Tulane Law School
in New Orleans in March, and the Tax
Study Group meeting at the Law School
in April. He also is scheduled to deliver
the Fogel Lecture at Temple Law School in
Philadelphia in late March. Several of the
presentations will involve research Yin is
currently conducting on past IRS scandals,
including the agency’s activities during the
Nixon Administration.
Class Notes
We welcome submissions for inclusion in Class Notes.
Online, submit them at www.law.virginia.edu/alumni; E-mail them to lawalum@virginia.edu;
mail them to UVA Lawyer, University of Virginia School of Law, 580 Massie Road, Charlottesville, VA 22903; or
fax them to 434/296-4838. Please send your submissions by April 15 for inclusion in the next issue.
1936
1940 he joined the faculty
from Temple. On one trip
by Sir Edward Coke to
battle at Guadalcanal,
of Temple University in
to Peru’s Machu Picchu in
the Lord Chancellor and
was listed as lost at sea
Philadelphia, where he
2001, the guide double-
the further development
for 71 years. His remains
taught full-time for 38
checked his passport
of English Common
may have been found at
years (leaving during that
to verify that 91 was his
Law. He maintained his
last—his nephew and
time to serve in the U.S.
correct age.
annual legal certification
niece have been contacted
Navy in World War II) and
Warren M. Ballard passed
In May 2010 he
of Continuing Legal Educa-
by the Navy and asked for
then 15 years part-time.
attended an off-year Law
tion credits until he was
DNA samples for verifica-
He taught a variety of
School reunion, having
nearly 98.
tion, according to a recent
subjects to both full-time
met Dean Mahoney at a
students and those who
reception in Baltimore ear-
came for evening courses.
lier. The following year he
He was an inveterate
enjoyed a happy hour in
article by Alabama Media.
1939
Tucker was mentioned
in Ken Burns’ 2007
documentary, The War,
away on July 18 at the age
learner and traveller, and
Baltimore with other UVA
Charles Waller Tucker, a
and his nephew and
of 102. He was a triple
with his second wife,
Law alumni and quizzed
World War II Naval aviator
niece were interviewed
’Hoo, earning a B.S. in
Anne, he took advantage
them about equities; he’d
whose plane was last seen
for the film regarding the
political science and a M.S.
of having more freedom to
been re-reading about
plummeting from a height
family’s service in wartime.
in political science, before
do so following retirement
the early 1600s challenge
of 23,000 feet during the
Tucker had just started
his L.L.B. in ’36. While at
UVA he was president of
the student government,
1948
earned a varsity letter in
track, and had rooms on
The Class of 1948 was the first
the Lawn and both the
class ever to celebrate its 65th
East and West Ranges. He
reunion as a group during Law
met his first wife, Katie, at
Alumni Weekend. The May reunion
UVA, where she was
was the result of the efforts of
getting her master’s in
classmates John Huffaker and
history.
Robert Nusbaum. Nine members
Following Law School
of the class, along with Carol
Ballard joined Cadwalader,
White, widow of Richard, returned
Wickersham & Taft in New
to Charlottesville with spouses,
York City, which led to the
children, and grandchildren in tow
opportunity to work in
from as far away as Louisiana.
public financing with the
On the first day of the reunion
Top row, left to right: Toy Savage, Harry McCoy, Charlie Russell, Don Wells,
Bob Nusbaum Bottom row, left to right: John Huffaker, Howard DeMuth, Jack Jones
Not pictured: Atwel Somerville; Mrs. Carol White, widow of Richard White
Reconstruction Finance
classmates, guests, and the Class
Corporation in Washing-
of 1948 Professor of Scholarly
ton, D.C. When he set his
Research in Law, Greg Mitchell, gathered at The Boar’s Head for a lovely dinner. The following evening the Class of
sights on teaching law,
1948 joined members of the Classes of 1953, 1958, and the Lile Law Society for dinner at the Law School, where
he attended Yale for post-
Professor Mitchell discussed the differences between law education during the blue book era and now.
graduate coursework for
The Class of 1948 65th Reunion was a milestone for its members and for the Law School Alumni Association alike.
aspiring law professors. In
UVA Lawyer / FALL 2013 53
Class notes
…
Thomas Wyche ’49 and His Love for
Greenville
practicing law in Mobile,
Ala., when the war began.
He enlisted with the Naval
Air Corps in Pensacola, Fla.,
Few people have a stronger
mixed-use development now stands. He also led the
graduated with the cadet
sense of place or com-
development of Heritage Green, a campus of muse-
class of 1940, and became
mitment to Greenville,
ums, galleries, theaters, and a library.
a fighter pilot. He was part
South Carolina than
of the Cactus Air Force, an
C. Thomas Wyche . Following
new Hyatt hotel, offers a mix of convention and office
graduation from the Law
space. Collaboration through civic and private funding
Allied air group assigned
Greenville Commons on Main Street, anchored by a
to provide cover for a
School, he moved home to Greenville to work in his
created a major performing arts center downtown
U.S. Marine Corps unit as
father’s practice. In the subsequent six decades he
as well. As his plans for all of these projects took
it fought.
has been one of the most influential leaders in the
shape, Wyche went to work on the challenging task of
city. He had the vision, decades ago, to lead the way
securing the resources, the real estate, and the people
in preserving thousands of acres along the Blue Ridge
to make it all possible.
1940
Wyche’s determination to improve Greenville is at
Escarpment.
Wyche, 86, has been honored many times over the
least matched by his determination to help preserve
When Mortimer M. Caplin
years for his civic contributions, most recently by the
the natural beauty of this part of South Carolina called
stepped down after 23
Greenville Drive, the local minor league team affiliated
Upstate. He founded Naturaland Trust, one of the
years of service on the
with the Red Sox. Their video tribute showcases the
South’s first conservation land trusts after returning
board of directors of
remarkable array of projects he has championed over
from a trip to Los Angeles and seeing how develop-
Danaher Corporation, the
the years.
ment had devastated the foothills and mountainsides
CEO of Danaher wrote a
He has always seen a bright future for Greenville,
of that region. An accomplished photographer, he has
letter of tribute detail-
even when others could not. From the 1950s on, he
published six books on the natural beauty of Georgia
ing Caplin’s impressive
never wavered from his determination to improve the
and the Carolinas.
accomplishments and
quality of life in the city, even through the 1970s, when
commitments in academ-
the downtown was in dismal shape by any standards.
“My tenacity has been a key to my success,”
said Wyche in an interview for Greenville Business
ics, public service, legal
He imagined RiverPlace, a lively gathering place
Magazine. He stays with a project for a long time—
practice, and business.
and cultural center that includes, by his design, studio
even decades—if he really believes in it. He’s never
He credited Caplin’s
space for artists with rents at below-market rates and
shied away from the hard work it can take to make
crucial role in leading
a cascading water feature for the public to enjoy. It
things happen.
Danaher through decades
took 25 years to acquire the real estate on which the
—Rebecca Barns
of impressive growth
and change.
your goals.” These lessons,
Cromwell in New York.
are housed, acquisition
work for the Mellon family
inspiration to all who have
wrote Danaher’s CEO,
In 1957 he was hired as
of 1,864 acres of land in
for years.
had the privilege of work-
will continue to motivate
assistant to philanthropist
Fauquier County for Sky
ing with him,” he wrote,
the company long after
Paul Mellon, and in the
Meadows State Park, plan-
Edgar Allan Jones Jr.
and then quoted words of
Caplin’s retirement.
following three decades
ning for Cape Cod National
passed away on May 10
advice from Mort Caplin’s
became his chief in-house
Seashore, and federal
in Santa Monica, Calif., at
2005 commencement
counsel, personal advisor,
protection of Cumberland
the age of 92. He taught
principal administrative
Island in Georgia. He was
torts, labor law, and labor
assistant, and gatekeeper.
trustee and executive vice
arbitration at UCLA Law
“Mort has been an
address at the Law School:
1950
“First, avoid fixed and
rigid plans. Instead, allow
Thomas H. Beddall died at
president of the National
School from 1951 until
for flexibility, innovation
his home in Paris, Va., on
with a number of major
Museum of Racing in
his retirement in 1991.
and possible change, but
September 3, at the age
projects, including con-
Saratoga Springs, N.Y.,
For several years in the
always hold true to your
of 91. He served in the
struction of the west wing
where Paul Mellon
1950s and ’60s, while still
personal values. Second,
Army in the Philippines
of the Virginia Museum
attended thoroughbred
teaching law full time, he
be willing to accept risk
in World War II, and
of Fine Arts in Richmond,
horse races. After retiring
was cast as the judge on
when necessary as you
afterwards began his legal
where Mellon collections
in 1989, Beddall continued
three different courtroom
move forward toward
career with Sullivan and
occasional consulting
TV shows: Traffic Court,
54 UVA Lawyer / FALL 2013
Beddall assisted Mellon
Class notes
…
1958
By Ted Torrance,
Dillard Scholarship Fund,
area, looking at everything
into a “somewhat smaller
only $1 in damages was
Corresponding Secretary
to which Ben Phipps made
from Ivy to Vinegar Hill,
rental” on the upper east
awarded. In 1993 he
1955 Windward Way
a generous lead gift of
noting that “Charlottesville
side of Manhattan.
presided over a racketeer-
Vero Beach, FL 32963
$5,000. Fred arranged for
is substantially changed,
e-mail: etorr@cox.net
a photographer to record
still quite handsome, still
Gordon M. Hobbs retired
to convictions of members
the gathering, and you
stately, but not the quiet,
after 40 years of service as
of the Gambino family. In
The usual preoccupations
can see the fine results
slow-moving place we
attorney-advisor to the U.S.
another more controversial
of summer and a dollop
(and even identify some
knew when we arrived in
Army since the mid-1990s.
decision, Judge Leisure
of inertia precluded me
of your aforementioned
the Fall of 1955.”
He recently relocated from
ordered release of tran-
from making an all-court
classmates) at the Class of
Virginia to Waxhaw, N.C.,
scripts of Richard Nixon’s
press on my classmates
1958 photoset on the site,
Alan Diamonstein has
near Charlotte, to be close
testimony to a grand jury
for news, but thanks to
FLICKR: www.flickr.com/
completed the maximum
to his youngest daughter,
during the 1949 espionage
Fred Goldstein I did receive
photos/uvalaw/sets. Finally,
permitted eight years of
Amy, her husband, a
trial of Alger Hiss. He ruled
a detailed summary of our
Fred proposed a toast to
service on the University’s
Marine (now inactive), and
in 1999 that the docu-
55th reunion in May.
“missing friends” and read
Board of Visitors and
two granddaughters.
ments should be made
our class necrology over
comments that he already
the last five years.
misses his role on the Board.
Fred reported the
following as being in
attendance: Jim Atkin, Art
On Saturday morning
ing and drug trial that led
public because of their
Peter Leisure died on
“inherent and substantial
September 17 at the
historical importance.”
Berney, Bill Bunting, Terry
Davis, Brent Higginbotham,
Allan Johnson, Haven
Knight, Doug Mackall, Ben
Phipps, and Henry Williams,
most attended the Law
A bit of sad news: Mike
age of 84. He worked in
Alumni Association meet-
Gottscho, who for a time
private practice and in the
Erratum Department: In
ing to hear something of
shared an apartment in
criminal division of the
the last issue I reported on
the doings of the As-
Washington with Chuck
U.S. Attorney’s Office for
reminding Don Devine that
sociation and to hear Dean
Saunders, called to advise
the Southern District of
he was presumably still
in some cases joined by
Mahoney, before gathering
me of Chuck’s death in
New York until 1984, when
our class president. Since
wives or significant others.
for lunch at Caplin
August. I normally do not
President Ronald Reagan
then I have talked with
In addition, Sam Eggleston’s
Pavilion. On Saturday night
report on the passing of
nominated him to the
John Oram, who extremely
widow, Marjorie, was
dinner was held at the
classmates in this column,
federal bench. He served
gently and diplomatically
welcomed by our class.
Law School, after which
but Chuck was by any
on the bench for 26 years
pointed out that, when
until retirement in 2010.
we left Charlottesville
some took the time to join
standard a luminary of
went very well. Cocktails
the reunion of the Class
our class, and I think it
and dinner on Friday
of 1988 and visit with
appropriate to make an
high-profile cases in his
elected president, and
evening at Westover, a
Dick Salladin’s daughter,
exception in Chuck’s case.
career. In one, an antitrust
absent an intervening
lovely estate in Ivy owned
Anne, now a senior counsel
case brought by the now
election probably remains
by the University, were
at the Office of the General
Henceforth you will no lon-
defunct U.S. Football
so. Clearly, your scribe’s
enhanced by a visit from
Counsel, U.S. Treasury.
ger find Michael Kaplan at
League against the NFL,
memory is failing, whereas
his palatial co-op in Ft. Lee,
the USFL persuaded the
his forgettery is running full
The reunion apparently
Dean Paul Mahoney. Dean
Fred wound up his visit
He presided over several
in 1958, he was the duly
Mahoney thanked the
to Charlottesville with a
N.J., he and Harriet having
jury that the NFL was an
tilt. My apologies to all for
class for establishing the
nostalgic drive around the
sold it in favor of moving
illegal monopoly, but
the oversight.
Day in Court, and Accused.
1952
Bar Association mu-
section and of a bar-
course materials. McNeal’s
The cases in these shows
nicipal law section and the
related title insurance
law practice, based in York,
were based on real cases.
Harry L. McNeal Jr.
Pennsylvania Bar Institute
study committee, and with
focuses on municipal law,
“Judge” Jones ad-libbed
received the 2013
for high standards in his
PBI (the continuing legal
wills, and estates.
his lines for a feeling of
Distinguished Municipal
practice of municipal law.
education arm of PBA),
authenticity.
Law Service Award
With PBA he has served as
he has served as lecturer,
from the Pennsylvania
chair of the municipal law
moderator, and author of
UVA Lawyer / FALL 2013 55
Class notes
…
1960
in the federally recognized
bringing partners from the
award honored his long-
general officer grade.
two firms together as one.
standing and dedicated
Rust E. Reid is listed in
Texas Super Lawyers 2013 in
estate planning & probate
1961
and Best Lawyers 2014 in
1964
A resident of Vienna,
efforts in the field of legal
Allen Howard Stowe,
McArver was a dedicated
education and recognized
age 76, died on August 5 in
supporter of the arts in
his exceptional leadership
Vero Beach, Fla. His educa-
Northern Virginia. He
and vision in developing
tion enabled him to
trusts and estates. He is of
R. Dennis McArver
joined the board of direc-
and implementing innova-
practice law, create and
counsel with Thompson
passed away suddenly
tors of the Arts Council of
tive concepts to improve
manage companies, and
& Knight in Dallas, where
on September 14 at the
Fairfax County in 2009 and
and enhance the state
successfully make his way
he focuses his practice
age of 76. After retiring
was serving as chair at the
of legal education. Bill
in the world, but he consid-
on estate planning,
from his practice at
time of his death.
is listed in Virginia Super
ered his real purpose was
probate, and fiduciary
McGuireWoods in Tysons
Lawyers 2013 in business
“to care for his loved ones
administration.
Corner, Va., where he
litigation and in Best
in the best possible way
focused on real estate law,
Thomas Werth Thagard
Jr. passed away on July
Lawyers 2014 in antitrust
while enjoying life respon-
John Hampton Stennis,
he and his wife, Emmy,
3 after a long battle with
law, appellate practice,
sibly.” He was known for
son of the late U.S. Senator
retained close ties with his
Parkinson’s disease. He
banking and finance law,
his unique ability to bring
John C. Stennis, passed
former colleagues. He held
was born in Greenville,
bet-the-company litiga-
together disparate groups
away at the age of 78
a number of leadership
Ala., the son of Judge T.
tion, commercial litigation,
of people into a cohesive
on September 5. He was
roles with the firm, includ-
Werth Thagard. He gradu-
corporate law, financial
band of revelers.
a partner with Watkins
ing partner in charge of
ated from the University
services regulation law,
Ludlam Winter & Stennis
the Baltimore and Tysons
of the South at Sewanee,
litigation-banking and
Wendy, six children and
in Jackson, Miss. (the
Corner offices.
received his master’s in
finance, and litigation-
their spouses, 16 grandchildren, and three siblings.
He survived by his wife,
political science from
mergers and acquisitions.
Walker in 2011), where he
of McGuireWoods’ first
Emory University, and was
He is senior partner and
practiced since graduation
significant merger, which
a Fulbright Scholar. He was
chairs the banking and
from the Law School. His
took place in 1987. He
admitted to the Alabama
finance group at Gentry
work focused on legislative
was managing partner
bar the year he gradu-
Locke Rakes & Moore in
relations, public finance,
at Boothe Prichard &
ated from the Law School
Roanoke.
environmental matters,
Dudley in 1986 when
and was a fellow in the
and governmental law.
he and lawyers from
American College of Trial
The lawyers and staff of
Corps Sargent Shriver
He was a member of
firm merged with Jones
He was a key architect
1965
Philip Lilienthal was honored with the 2013 Peace
that well-established
Lawyers. He delighted in
Wilson Updike & Nicely in
Award for Distinguished
the Mississippi House of
Northern Virginia firm
hunting, fishing, golf, and
Covington, Va., honored
Humanitarian Service in
Representatives from 1969
began discussions about
being a lawyer.
William T. Wilson for 50
June. The award is given
to 1984, chair of the bank-
a merger. Within a few
years of exemplary service
to a former Peace Corps
ing committee and the
months the firms came to
to the legal profession,
Volunteer in recognition of
judiciary committee, and
an agreement and merged
selfless dedication to
outstanding contributions
was also a member of the
as McGuire Woods Battle
bettering the lives of
toward humanitarian
ways and means and water
& Boothe. At the time, it
Robert Lovegreen has
others in the community,
efforts at home or abroad.
resources committees. He
was thought to be one
retired as a U.S. Magistrate
and willingness to take
Lilienthal is founder and
served on the Mississippi
of the largest law firm
Judge for the U.S. District
whatever course is neces-
president of Global Camps
Judicial Council, was an
mergers. McGuire Woods
Court for the District of
sary to see that the ends of
Africa, a nonprofit based
advisory member to the
& Battle had 208 lawyers
Rhode Island.
justice are served.
in Reston, Va., that helps
Mississippi Legislature’s
and Boothe Prichard had
Environmental Protection
74. Colleagues note that
William B. Rakes was
Africa’s children and youth
Council, and a number of
McCarver’s negotiating
named the first recipient
by providing HIV/AIDS
other state and com-
skill and temperament
of the Leadership in
prevention education and
munity organizations. He
were instrumental in
Education Award by the
training through positive
was in the Mississippi Air
making the merger work,
Virginia State Bar Section
residential and day camp
National Guard for more
on the Education of
experiences.
than 30 years and retired
Lawyers in Virginia. The
56 UVA Lawyer / FALL 2013
1963
improve the lives of South
Class notes
…
Theodore Margolis is
1967
1968
listed in New Jersey Super
Jerry Coughlan has been
Lawyers 2013 in busi-
J. Rudy Austin is listed in
George Gilliam received
San Diego Lawyer of the
ness litigation and Best
Virginia Super Lawyers
a Ph.D. in history from
Year in legal malpractice
Lawyers 2014 in appellate
2013 in civil litigation
the University of Virginia
law-defendants and
practice and commercial
defense and Best Lawyers
on May 19. He devoted
professional malpractice
litigation. He is with Norris
2014 in personal injury
much of his recent time to
law-defendants law. He is
McLaughlin & Marcus in
litigation-defendants. He is
finishing his 450-plus-page
with Coughlan, Semmer,
Bridgewater.
a senior litigation partner
dissertation, “Building a
Fitch & Pott.
with Gentry Locke Rakes &
Modern South: Political
Moore in Roanoke.
Economy in Nineteenth-
1966
1970
named Best Lawyers 2013
Century Virginia.” He
Lucius H. Bracey Jr. is listed
left law practice in the
Kenneth M. Greene is listed
Guy O. Farmer II is listed
in Virginia Super Lawyers
early 2000s, got a master’s
in Chambers USA 2013,
in Chambers USA 2013
2013 in estate planning
degree, made several
receiving the highest
in labor & employment
and probate and tax,
history documentaries
ranking for North Carolina
and Florida Super Lawyers
estate, and trust litigation.
for the Richmond PBS
in banking and finance for
2013 in employment &
He was also named in
member station, directed
the seventh consecutive
labor and employment
Best Lawyers 2014 in trusts
public programs at UVA’s
year. He is listed in North
litigation-defense. He is
and estates. He is counsel
Miller Center of Public
Carolina Super Lawyers
also listed in Best Lawyers
with McGuireWoods in
Affairs from 2004–11, and
2013 in banking and
2014 in employment
Charlottesville.
taught history. He plans
Best Lawyers 2014 in
to continue teaching at
Gordon D. Schreck is listed
banking and finance law,
law-management, and
Gene Dahmen is listed in
UVA for at least several
in Chambers USA 2013 in
bankruptcy and creditor
litigation-labor and
Best Lawyers 2014 in family
more years.
transportation-shipping
debtor rights/insolvency
employment. Farmer is a
law. She is senior counsel
litigation and South
and reorganization law,
shareholder in the labor
with Verrill Dana in Boston,
Carolina Super Lawyers
and equipment finance
and employment group
Mass.
2013 in transportation/
law. Greene is a director
with GrayRobinson in
maritime. He is also listed
and shareholder with
Jacksonville.
Bill May was with
in Best Lawyers 2014 in
Carruthers & Roth in
Greensboro.
law-management, labor
1969
Beckman Coulter for 21
admiralty & maritime
William M. Slaughter is
years, retiring in 2005 as
law. He was appointed
listed in Best Lawyers 2014
senior vice president and
distinguished visiting
Hunter R. Hughes III was
in government relations
secretary. Bill reports that
professor of admiralty
named in Human Resource
practice and public finance
retirement life is still busy.
and maritime law at
Executive’s list of 100 Most
law. He is a founding
He keeps active as vice
the Charleston School
Powerful Employment
member of Haskell
chairman of the board of
of Law for the 2013–14
Attorneys in the nation
Slaughter in Birmingham,
trustees of the San Diego
academic year and chairs
for 2013, and Chambers
Ala., where he concen-
Zoo and as trustee and
the Charleston Maritime
USA 2013 listed him as top
trates his practice on
secretary to the Arnold
Law Institute at the school.
ranked. Best Lawyers 2014
public finance, state and
and Mabel Beckman
Robert W. Ashmore is listed
He practices with Womble
named him Atlanta Lawyer
local government law,
Foundation, which
in Best Lawyers 2014 in
Carlyle Sandridge & Rice in
of the Year in mediation.
governmental relations,
provides major funding to
labor and employment
Charleston.
He was listed in Best
and civil litigation.
young scientists and vari-
law. He is partner and
Lawyers in six other areas
ous projects focused on
senior counsel with Fisher
as well: arbitration, bet-the
leading- edge work in life
& Phillips in Atlanta, Ga.
company litigation,
sciences, engineering, and
corporate law, employ-
biology. He resides with his
ment law-management,
wife of 43 years, Barbara, in
litigation-labor & employ-
Villa Park, Calif.
ment, and securities/
UVA Lawyer / FALL 2013 57
Class notes
…
Bill Boswell ‘71 was named the
professional malpractice
$355 million by the Bill
law-defendants.
and Melinda Gates
Foundation for polio
2013 Outstanding Non-Profit
Counsel of the Year by the American
Alan D. Rose is managing
eradication, Rotary’s
Bar Association for his work as
partner at Rose, Chinitz
signature corporate
general counsel of the North
& Rose, a litigation firm
project.
American Energy Standards Board,
he started with his son
which sets the business practices
in Boston, Mass., in 1995.
and transactional protocols in the
He recently completed
electric and natural gas industries
his appointment as chair
in Canada, Mexico, and the United
of the First Circuit Court
States, and for his years of service
of Appeals rules advisory
to the 811 (underground damage
committee. He is listed in
prevention) industry in the U.S.
Best Lawyers 2014 in bet-
and internationally since 1978.
the-company litigation,
The award was presented by the
commercial litigation,
business law section at the ABA’s
criminal defense-white
annual meeting in August. He was also honored in May by the Pennsylvania State
collar, education law,
W. Edward Bailey has
Association of Boroughs for 30 years of distinguished elected public service, the last
and litigation-labor and
joined Maynard Cooper &
16 of them as mayor of Glen Osborne.
employment.
Gale in Birmingham, Ala.,
as of counsel in the
1973
intellectual property
litigation practice group.
capital markets law.
Awards at the Library of
He focuses his practice on
Hughes is a partner with
Congress in June. Mulcahy
intellectual property,
Rogers & Hardin in Atlanta.
is senior counsel in the tax
including patents,
department at Cadwalader
trademarks, and
Wickersham & Taft in
copyrights.
1971
Washington, D.C.
Linda Howard has been
Thomas Bottini is resident
partner and managing
named general counsel
1972
for Landmark, a global
company that provides
attorney of the Armstrong
Teasdale Asian office
Howard E. Gordon is listed
Terrance M. Miller
Eric Adamson was awarded
personal and professional
in Shanghai, where he
in Chambers USA 2013,
recently published a new
the Rotary International
training and development
has been for the past 18
Virginia Super Lawyers
edition of his book,
Regional Service Award for
headquartered in San
months. The firm serves
2013, and Best Lawyers
Products Liability
a Polio Free World by the
Francisco, Calif.
clients from Japan to
2014 in real estate. He is a
Depositions, a handy
Rotary Foundation Board
Singapore to India, as well
partner at Williams Mullen
resource for legal
of Trustees of Rotary
After graduating from the
as China.
in Norfolk, where his
doctrines across the U.S.
International. The award
Law School, Benson Legg
practice focuses on com-
that can often be applied
was presented by Wilf
spent 16 years as a busi-
Daniel J. Mulcahy recently
mercial and multi-family
in product liability cases.
Wilkinson, past president
ness litigator at Venable,
won the Burton Award
real estate, commercial
(See In Print.)
of Rotary International,
Baetjer and Howard.
for Distinguished Writing
leases, ground leases, land
Miller is chair of the
and chairman of the
In 1992 he became a
for his article, “FATCA May
use planning, and permits
product liability practice
foundation trustees. The
judge on the U.S. District
Open Pandora’s Box of Civil
and pass-through entities.
group with Porter Wright
Rotary Foundation has
Court for the District of
and Criminal Tax Liability.”
in Columbus, Ohio. He
annual receipts of
Maryland. After 21 years
The award was presented
was recognized by Best
approximately
on the bench, he retired
at the 14th Anniversary
Lawyers 2014 as Columbus
$150 million dollars and
Program of the Burton
Lawyer of the Year in
recently was given
58 UVA Lawyer / FALL 2013
Class notes
…
secretary, and counsel to
New York Presbyterian
Hospital.
William C. Cleveland III
is listed in Chambers USA
2013 in general commercial litigation and South
Carolina Super Lawyers
Jay Waldron recently
Kevin J. Walsh was listed in
2013 in business litigation.
John H. Small ’73 received the Martin I. Lubaroff
received an Outstanding
2013 Super Lawyers for
He was recognized by Best
Award from the American Bar Association’s
Legal Service Award from
the New York Metro Area
Lawyers 2014 as Charleston
business law section for his leadership in the
Northwest Pulp and Paper
in civil litigation and
Lawyer of the Year in
areas of limited partnership and limited liability
Association for providing
international business
litigation-intellectual
company law.
more than ten years of
litigation and recognized
property and was also
outstanding legal service
as a noted practitioner for
listed for mediation and
to the organization. He is a
insurance and reinsurance
commercial, real estate,
in 2013 and joined JAMS
100 lawyers in the D.C.
shareholder with Schwabe,
disputes in Chambers USA
and securities litigation.
(formerly called Judicial
area by Super Lawyers. He
Williamson & Wyatt in
2013. Kevin is a partner
He is with Womble Carlyle
Arbitration and Mediation
is a shareholder with Walsh
Portland, Ore., where he
with Locke Lord.
Sandridge & Rice in
Services). As a “neutral,”
Colucci Lubeley Emrich &
focuses his practice on
he serves as a mediator
Walsh in Prince William,
environmental law, energy
and arbitrator. He also
Va., where his practice
law, and litigation.
evaluates cases.
focuses on obtaining land
Charleston.
1975
use approvals and govern-
Thomas R. Bagby is
Brian C. Murphy has
mental permits through
president of the Virginia
devoted his career since
legislative, administrative,
Bar Association for 2013.
the fall of state socialism
and judicial processes.
He was named in Virginia
for the rule of law in
Super Lawyers 2013 as one
the world today. In so
of the top 100 lawyers in
doing, he has worked in
Virginia. He is president
about a dozen countries,
of Woods Rogers in
including recently in
Roanoke, Va.
W. Stuart Dornette has
Afghanistan and Iraq. He
Ross E. Wales is in Best
expects to continue to do
Lawyers 2014 in interna-
Jack W. Bettman serves on
in Best Lawyers 2014 in
so, hopefully again as a
tional trade and finance
the Florida Bar general
bet-the-company
Fulbright lecturer in law,
law. He is a partner in the
practice, solo, and small
litigation, commercial
this time in the Republic of
business and finance
firm section executive
litigation, litigation-
Macedonia.
1974
been selected for inclusion
department of Taft
council. In April he began
mergers & acquisitions,
Bruce M. Stanley Sr. is
Stettinius & Hollister in
a second term as president
litigation-municipal, and
listed in 2013 Florida Super
Cincinnati, Ohio, and chair
of the Phi Beta Kappa
litigation-securities. He is a
Lawyers in personal injury
of the firm’s international
Alumni Association of
partner and co-chair of the
defense and medical
practice area.
Northeast Florida.
litigation group at Taft
Stettinius & Hollister in
John H. Foote has been
malpractice and Best
recognized by Best Lawyers
Lawyers 2014 in personal
Kathleen M. Burke is chair
2013 as Washington,
injury defense litigation.
of the health law section
D.C. Lawyer of the Year
He is a stockholder with
of the New York State Bar
in litigation-land use
Henderson, Franklin,
Association. She is vice
& zoning. He was also
Starnes & Holt in
president-board relations,
included among the top
Fort Myers.
Cincinnati, Ohio.
UVA Lawyer / FALL 2013 59
Class notes
…
Howard Chatzinoff ‘77 received the
PENCIL Public Schools Champion
Award at Imagine What We Can
Do, a gala event at the Museum of
Natural History in May to benefit
PENCIL. PENCIL is a nonprofit based
in New York City that taps business
expertise to create innovative
W. Joseph Owen III is the
programs that improve school and
Don P. Martin is included
2013 recipient of the
student performance. For more than
in the 2013 Southwest
Tradition of Excellence
15 years Chatzinoff has worked at
Super Lawyers list in the
Award by the Virginia State
both the school level and the broader
area of business litigation
Bar’s general practice
organizational level to help connect
and in Chambers USA 2013
section. Owen is a
schools and business leaders with
in litigation-general
founding partner of Owen
positive results. He was recently elected chair of PENCIL’s board of directors and
commercial. He has also
& Owens in Midlothian,
previously served as vice-chair. Chatzinoff is a partner with Weil, Gotshal & Manges
been recognized by Best
where he represents
in New York City.
Lawyers 2014 as Phoenix
individuals and businesses
Lawyer of the Year in legal
in civil and commercial
malpractice law-defen-
litigation, criminal defense,
was selected for inclusion
Elizabeth A. Ritvo has
Henry B. Smythe Jr. is listed
dants. He is a partner with
personal injury, real estate,
in Best Lawyers 2014 for
been listed among
in Chambers USA 2013
Quarles & Brady.
estate planning, and
antitrust law, bet-the-
“Top Women of Law” in
in commercial litigation,
corporate and construc-
company litigation, and
Massachusetts Lawyers
South Carolina Super
tion law. He is listed in
commercial litigation. He
Weekly. She is also listed
Lawyers 2013 in business
Virginia Super Lawyers 2013
is a member of Wyche in
in Best Lawyers 2014 in
litigation, and Best Lawyers
in general litigation and
Greenville, where he has
First Amendment law.
2014 in personal injury
criminal defense.
focused his practice on
Ritvo is a partner with
litigation-defendants. He
complex litigation in state
Brown Rudnick in Boston,
is with Womble Carlyle
and federal trial and
where she counsels and
Sandridge & Rice in
appellate courts for more
represents newspapers,
Charleston.
than 30 years.
television stations, pub-
1976
lishers and other media in
Susan M. Smythe is listed
libel, invasion of privacy,
in Chambers USA 2013
access, First Amendment
and South Carolina Super
and copyright matters
Lawyers 2013 in real estate
Daniel J. Hoffheimer has
before state and federal
law. She is with Womble
been selected for inclusion
trial and appellate courts.
Carlyle Sandridge & Rice in
Charleston, S.C.
in Best Lawyers 2014 in
trusts and estates. He is a
Donald J. Shuller is listed
partner with Taft Stettinius
in Chambers USA 2013,
& Hollister in Cincinnati,
Henry L. Parr is listed in
Ohio.
South Carolina Super
60 UVA Lawyer / FALL 2013
Ohio Super Lawyers 2013,
and Best Lawyers 2014
Lawyers 2013 for business
Ann Margaret Pointer is
as a leader in real estate
litigation and is featured
listed in Chambers 2013
law. He is a partner with
on the cover of the
and Best Lawyers 2014 in
Vorys, Sater, Seymour and
magazine. He is also
labor and employment
Pease in Cincinnati, where
recognized in Chambers
law. She is a partner with
he is a member of the
USA 2013 as a leading
Fisher & Phillips in
finance, energy, and real
lawyer in litigation. Parr
Atlanta, Ga.
estate group.
Class notes
…
1977
Spahr in Baltimore, Md.,
and the In-House Counsel
in Best Lawyers in America
wonderful people, travel
where he co-chairs the
Externship program, en-
2014 in real estate law. He
the world, and among
Julian “Bo” Bobbitt
housing group and
suring that every student
is partner and co-head of
other things, arrange for
presented a talk entitled,
handles real estate finance
has the opportunity to
the Jackson Walker finance
all IADC members to have
“Aligning Incentives in
and public finance
work in an externship
practice group.
training in CPR. About
ACOs: Best Practices
transactions with an
or clinic setting before
in Shared Savings
emphasis on affordable
graduation.
Distributions—What
housing, public housing
Will Really Work” to the
law, and federal housing
National Association
three months after the
George N. Meros Jr. is
training, one of the IADC
listed in Florida Super
board members used
After 35 years with the
Lawyers 2013 in civil
those skills to save the life
programs. Much of his
same firm, David L. Sfara
litigation defense. He is
of a man who had been
of Accountable Care
practice is devoted to
has joined two new
with GrayRobinson in
playing tennis on a nearby
Organizations at its fall
mixed-finance public
partners to form the firm
Tallahassee, where he
court and suddenly fell
conference in Baltimore.
housing development.
of Giuliano Richardson
focuses his practice
unconscious. Joe, Mary
& Sfara in Woodbury,
on matters involving
Pat, and members of the
Bobbitt is a partner
at Smith Anderson in
Stephen W. Earp has been
Conn. His partners are
regulatory compliance,
IADC are all big fans of CPR
Raleigh, N.C., and head of
recognized in Chambers
trial attorneys, and Sfara
complex civil litigation,
classes now.
the health care practice.
USA 2013 as a leader in en-
continues with his trusts
and government affairs.
He has earned national
vironmental law and Best
and estates practice.
recognition for his efforts
Lawyers 2014 in litigation-
to lead the industry
environmental. He is with
through the transition
Smith Moore Leatherwood
toward value-based care.
in Greensboro, N.C., where
Manager of Social Work at
He is listed in Best Lawyers
he advises companies
Children’s Hospital, and Joe
2014 in health care law.
in mergers and acquisi-
is thinking about joining
tions, contracts, and
her in a year or so. Their
corporate governance.
daughter, Caitlin, is a pro-
He also handles complex
fessor of education at East
After 41 years of marriage, Joe and Mary Pat will
turn 65 this summer. Mary
Pat has retired (mostly)
1978
from her position as
Carolina University, and
environmental litigation
and regulatory matters.
Blake Morant has been
their son, Joby ’05 has just
honored with the Chief
accepted the position of
David A. Logan, dean of the
Irvin V. Cantor is included
Justice John Marshall
director of career services
Roger Williams University
in the Top 10 in Virginia list
Lifetime Achievement
at the Law School after
School of Law in Bristol,
in Super Lawyers 2013. He
Award from the Judge
practicing in Washington,
R.I., has announced he
is also listed in Best
Advocate Association and
D.C., with Hogan Lovells.
will step down at the
Lawyers 2014 in personal
recognized by The National
“Everyone is healthy, active,
Paul K. Casey was honored
end of the academic year
injury and medical
Jurist as one of the top 25
and involved.”
with the 2013 Michael
and return to teaching
malpractice and recog-
Legal Educators in the
Scher Award by the
full-time. He has led
nized as Richmond Lawyer
United States. He is the
Andy Wright joined
American Bar Association
the school for 11 years,
of the Year in personal
dean of Wake Forest Law
Polsinelli Shughart
Forum on Affordable
which puts him among
injury litigation-plaintiffs.
School.
as a shareholder in
Housing and Community
the longest-serving law
He is president of Cantor
Development Law. The
deans in the U.S. During
Stoneburner Ford Grana &
Joseph W. Ryan, Jr. just
vides strategic planning,
award goes to an attorney
his tenure, which spans
Buckner in Richmond.
completed his three-year
consulting, and lobbying
who demonstrates
half the school’s history,
term as president-elect,
services to the firm’s
outstanding leadership
key learning opportunities
Michael P. Haggerty
president, and immediate
energy, environment,
and legal skill and who has
were put in place, includ-
is listed in Texas Super
past president of the
and telecommunica-
made significant contribu-
ing the groundbreaking
Lawyers 2013 and
International Association
tions clients. Andy was
tions in the field of
Pro Bono Collaborative,
recognized in D Magazine’s
of Defense Counsel, during
recently honored as one
affordable housing. Casey
the Immigration Clinic,
Best Lawyers in Dallas list
which he and his wife,
of Washington’s Top
for 2013. He is also listed
Mary Pat, got to meet
Lobbyists by The Hill.
is a partner with Ballard
Washington, D.C. He pro-
UVA Lawyer / FALL 2013 61
Class notes
…
1979
1981
Charleston Lawyer of the
public finance. He is a
Year in litigation-labor and
partner in the real estate
in Chambers USA 2013 in
H. Aubrey Ford III is
employment and is also
practice with Williams
commercial litigation. He
included in Best Lawyers
listed in labor and employ-
Mullen, where he focuses
is with Womble Carlyle
2014 in legal malpractice
ment law-arbitration. He
on commercial real estate
Sandridge & Rice in
law, commercial litiga-
is with Womble Carlyle
transactions, economic
Raleigh.
tion, bet-the-company
Sandridge & Rice.
development incentives,
litigation, and labor &
tax-exempt housing,
employment law and has
industrial development,
been named Best Lawyers
1980
1982
qualified 501(c) (3) bonds,
and alcoholic beverage
2014 as Richmond Lawyer
of the Year in employment
Mark Edward Ezell is
law-individuals. Ford is
a partner with Cantor
Hayden J. Silver III is listed
licensing.
James P. Cooney III is listed
A. Jeffery Bird was elected
in Chambers USA 2013
listed in Best Lawyers 2014
vice president-Portland of
in commercial litigation,
in public finance law. He
the Seattle-based
white collar crime, and
Stoneburner Ford Grana
is with Haskell Slaughter
Northwest chapter of the
government investigations
and Buckner.
Young & Rediker in
National Association of
litigation and recognized
Birmingham, Ala., where
Corporate Directors, an
as Best Lawyers 2014
Michael K. Kuhn is listed
he focuses his practice on
organization dedicated to
Lawyer of the Year in
in Texas Super Lawyers
governmental relations,
promoting good board
medical malpractice
2013 and Best Lawyers
public finance and local
leadership, helping
law-defendants. He leads
2014 in real estate law. He
government law, and
corporate board members
the business litigation
is a partner with Jackson
securities and corporate
deal with business
practice group at Womble
Walker in Houston, where
finance.
challenges, and increasing
Carlyle Sandridge & Rice
shareholder value. Bird will
in Charlotte, N.C., where
he focuses his practice on
commercial real estate
Charles D. Fox IV is listed in
W. David Paxton is listed
help improve corporate
he practices in both the
with emphasis on office
Virginia Super Lawyers 2013
in Virginia Super Lawyers
governance in board-
civil and criminal areas,
and retail leasing.
in estate planning and
2013 in employment &
rooms in Washington,
including trial and appel-
probate, administrative
labor and Best Lawyers
Oregon, Alaska, and Idaho.
late work.
law, and tax law and in
2014 in employment
He also serves as chair of
Best Lawyers 2014 in trusts
law-individuals, employ-
the NACD Northwest
C. Allen Gibson Jr. is listed
and estates and litigation-
ment law-management,
chapter Portland Advisory
in Chambers USA 2013
trusts and estates. He was
labor law-management,
Board. He is a shareholder
in commercial litigation
also selected for inclusion
and litigation-labor and
and member of the
and South Carolina Super
in Chambers USA 2013
employment. He is a
business practice group
Lawyers 2013 in construc-
America’s Leading Lawyers
partner with Gentry Locke
with Lane Powell.
tion litigation. He was
for Business, Wealth
Rakes & Moore in Roanoke.
named Best Lawyers 2014
Management: Eastern
C. Steven Mason is listed
Lawyer of the Year in
Region, Nationwide. He is
Virginia Whitner Hoptman
in North Carolina Super
construction law. He leads
Ely A. Leichtling is listed in
partner and chair of the
is listed in Chambers USA
Lawyers 2013 in real
the construction practice
Chambers USA 2013 in
private wealth services
2013 in commercial litiga-
estate and banking and
group with Womble
labor & employment. He is
team with McGuireWoods
tion. She is with Womble
Chambers USA 2013 in real
Carlyle Sandridge & Rice in
a partner with Quarles &
in Charlottesville.
Carlyle Sandridge & Rice in
estate. He is also listed in
Charleston.
Tysons Corner, Va.
Best Lawyers 2014 in real
Brady in Milwaukee, Wisc.
William L. Nusbaum has
estate law. He is a partner
Ken Hollies retired in June
David B. McCormack is listed
been elected chair of the
with Smith Anderson in
after 31 years with the U.S.
in Chambers USA 2013
Virginia State Bar real
Raleigh.
Postal Service law depart-
and South Carolina Super
property section and
ment, including time he
Lawyers 2013 in labor and
was recently named Best
worked there after his
employment law. He was
Lawyers 2014 Norfolk
second year of Law School.
named Best Lawyers 2013
Lawyer of the Year in
He lives in Rockville, Md.
62 UVA Lawyer / FALL 2013
Class notes
…
G. Raye Jones is an
Austin, and is co-leader of
serves on the Mid-Ohio
to the Boston area in
estate and tax planning
the appellate litigation
Regional Planning
2001 and spending many
attorney with MartinWren
practice. He previously
Commission and Visitors &
years volunteering in the
in Charlottesville and a
served as justice of the
Conventions Bureau. She
community, she enjoys
pastor at Faith Baptist
Texas Court of Appeals,
also serves on several
a career in residential
Church. He is also a poet.
the first assistant attorney
boards. She was featured
real estate in the Weston
His daughter, Lydia Jewell
general of Texas, and a
in the “Best in Columbus”
office of Coldwell Banker
Jones, has compiled many
state district court judge.
issue of Columbus
Residential Brokerage. She
Magazine for her accom-
draws upon her experi-
of his poems for the first
Sullivan was recently ap-
time in A Father’s Legacy:
pointed by Texas Senators
plishments and service.
Betty Graumlich is a
ence in law, negotiation,
The Life of My Father,
John Cornyn LL.M. ’95
Beryl is the former lead
partner and deputy
and mediation frequently.
G. Raye Jones (see In Print).
and Ted Cruz to the
singer in the popular
practice group leader for
federal judicial evaluation
group “Beryl and the
Reed Smith’s labor &
Christopher S. Knopik is
James S. Ryan III is listed
committee, where he will
Eclectics,” which was
employment practice in
listed in Best Lawyers 2014
in Texas Super Lawyers
screen and recommend
formed when she was in
Richmond, Va. She has
in commercial litigation,
2013 and Best Lawyers
nominees for federal
Law School. She continues
been named a 2013 BTI
medical malpractice, and
2014 in corporate law and
bench vacancies and
to sing for events and
Client Service All-Star for
personal injury litigation.
mergers and acquisitions
U.S. Attorney offices in
directs a church choir.
labor & employment. In
He is a founding member
law. He is a partner with
the state. He also serves
2012 she was recognized
of Knopik Deskins Law
Jackson Walker in Dallas,
on the supreme court
in Virginia Lawyers Weekly
Group in Tampa, Fla.
where he focuses his
advisory committee for
as one of the Influential
practice on corporate and
the rules of civil procedure
Women of Virginia and
Robert P. Latham is listed
securities, health care, and
and evidence and the
was named to the Virginia
in Best Lawyers 2014 in
life sciences and medical
Texas pattern jury charge
Legal Elite honor roll for
commercial litigation,
technology.
committee.
labor & employment law.
first amendment law,
She is listed in Virginia
litigation-first amendment,
Super Lawyers 2013 and in
litigation-intellectual prop-
Super Lawyers Corporate
erty, litigation-patent, and
Counsel Edition as a
sports law. He is a partner
Joyce Elden heads the
leading labor & employ-
with Jackson Walker in
Sun Life Financial
ment attorney.
Dallas and Houston, where
1983
he chairs the media law
investments legal
practice group and is a
For the past three years,
and intellectual property
member of the corporate
Don Haycraft has been
litigation groups.
leadership team in their
totally absorbed in
U.S. headquarters in
Deepwater Horizon
Wellesley, Mass. She is on
litigation on behalf of BP.
the board of regents for
His other main interest
Kent C. Sullivan received
the American College of
is promoting the most
the 2013 Raven Society
Mortgage Attorneys and
recent book by his wife,
Award from the University
is also a member of
Madaline ’84, entitled
of Virginia for his contribu-
Beryl Anderson has been
NEWiRE (New England
Buddy, published by Viking
tions to the University and
elected to a third term as a
Women in Real Estate),
in September 2012 and
David T. Maloof, widely
the legal community in
Gahanna City
and serves on NEWiRE’s
recently out in paperback.
recognized as an expert in
Texas. Sullivan is a partner
Councilwoman in Ohio.
educational foundation
(See In Print.)
international shipping law,
leading the energy
She has chaired the
board of directors. Joyce
litigation team at
finance, economic and
and her husband, Dana
Judy Inge Harris practiced
for another reason. He and
Sutherland Asbill &
development, parks, and
Pickard, live in Wellesley.
general litigation in
his family have been
Brennan in Houston and
service committees and
Atlanta, Ga., for more than
developing recreational
ten years. After moving
facilities for the children at
has recently been traveling
UVA Lawyer / FALL 2013 63
Class notes
…
a refugee camp in
to the sequestration. He is
Advanced Commercial
None” strategy focuses on
Lebanon. As a result of his
a shareholder with Littler
Leasing Institute, and he
five therapies: an artificial
work, he has been
Mendelson in Houston, Tex.
1984
was elected as a fellow
pancreas, encapsulation,
North Carolina State
consulted by both the
of the American College
“smart insulin,” restoration,
Senator and Womble
State Department and the
of Real Estate lawyers.
and prevention. St. Clair’s
White House. Most
He also completed the
involvement with the
Carlyle attorney Pete
Brunstetter is the 2013
recently, in honor of his
Cystic Fibrosis Foundation
organization began ten
recipient of the North
work, the organization Pax
Extreme Hike for a Cure,
years ago on a bicycle at a
Carolina Bar Association’s I.
Christi Metro New York has
31 miles in one day on a
“Ride to Cure Diabetes.” He
Beverly Lake Public Service
created an annual Maloof
section of the Appalachian
has served in a number of
Award, given periodi-
Family Young Peacemakers
Trail in East Tennessee.
roles, including executive
cally to one of the state’s
board member, national
attorneys for outstanding
service to the community.
Award competition for
Catholic high school
Steven W. Sloan is listed in
head coach, and chair of the
students in the New York
in Texas Super Lawyers 2013
fundraising rides program.
St. Clair is a member
Brunstetter has served
metropolitan area. He is
Alfred Paliani was elected
in employment & labor
senior partner with Maloof
vice president of corporate
and employee benefits/
with Nexsen Pruet in
of the YMCAs of Northwest
Browne & Eagan in Rye.
of the International
ERISA and Best Lawyers
Greenville, S.C., where he
North Carolina, chairman
Association for Defense
2014 in employment law-
is an intellectual prop-
of the board for Novant
as chairman of the board
Greg Musil received the
Counsel. He will serve a
management and labor
erty attorney dealing with
Health, Inc., member of the
Johnson County Bar
three-year term for the
law-management. He is of
cases involving copyrights,
board of directors of the
Association’s Justinian
invitation-only global legal
counsel with Thompson &
trademarks, and trade
Winston-Salem Alliance,
Award for Professional
organization with
Knight in Dallas.
secrets. He has been
and is currently a member
Excellence in March.
approximately 2,500
recognized in South Caro-
of the UNC-Chapel Hill
The award is given to an
members whose practice
Maria A. Smith writes that
lina Super Lawyers 2013
board of visitors. He is also
attorney who exemplifies
concerns the representa-
though she has “no big,
in intellectual property
a Navy veteran.
integrity, service to the
tion of corporate and
‘successful’ news to share,
litigation and Best Lawyers
community and legal
insurance interests. Paliani
she sends congratula-
2014 as Greenville Lawyer
K.C. Green is listed in Best
profession, and warmth,
is general counsel of
tions to her esteemed
of the Year in patent law.
Lawyers 2014 in mass tort
friendliness, and camara-
Quality King Distributors
classmates on their 30th
derie. He is a shareholder
and its group of affiliated
anniversary!”
with Polsinelli in Overland
Park, Kans.
litigation/class actionsAt the start of the
defendants and mass tort
companies headquartered
semester Melissa Young
litigation/class actions-
in Bellport, N.Y.
returned to Grounds in
product liability litigation.
a new role: executive
He is a partner with Ulmer
John M. Sheftall is listed
director of Madison
& Berne in Cincinnati.
in Best Lawyers 2014 in
House, the University of
litigation-trusts and
Virginia’s clearinghouse for
Madaline H. Herlong
estates, and trusts and
student volunteers. With
recently published her
estates. He was also
more than 3,000 students
second novel, Buddy, the
recognized in Best Lawyers
volunteering each week,
story of a boy, a dog, and
2014 as Columbus Lawyer
Madison House is the larg-
Hurricane Katrina (see In
of the Year in trusts and
Timothy St. Clair has been
est student-run volunteer
Print). The New York Public
estates. He is a partner
elected to the JDRF
organization at UVA and
Library included it on its
Kerry Notestine testified
with Hatcher, Stubbs,
International board of
an independent non-
100 Books for Reading
before Congress on
Land, Hollis & Rothschild.
directors. JDRF (formerly
profit. The group receives
and Sharing list for 2012.
named the Juvenile
no direct funding from the
Herlong teaches writing at
February 14 on the issue of
government contractor
Last year Bob Simmons was
Diabetes Research
University, except for the
Tulane University. To learn
obligations to comply with
named the co-chair of the
Foundation) is the world’s
Student Council allocation
more about Buddy and see
the Worker Adjustment
Georgetown University
largest charitable supporter
it applies for each year.
a video trailer for the book,
and Retraining Notification
Law Center’s annual
of Type 1 diabetes
(WARN) Act notice related
64 UVA Lawyer / FALL 2013
research. It’s “Less Until
see www.mhherlong.com.
Class notes
…
James W. Huston is a
as a Republican candidate
partner with Morrison
for the U.S. Senate.
& Foerster in San Diego,
Calif., where he was
David M. Rosenberg is
recently appointed chair
listed in Best Lawyers 2014
of the trial practice group.
in non-profit/charities
He focuses his practice on
law. He is of counsel with
product liability matters,
Thompson & Knight in
contract disputes, and
Dallas, where he focuses
appeals. He is listed in
his practice on federal,
Super Lawyers 2013 in per-
state, and local taxation of
sonal injury defense, Best
corporations, partnerships,
Lawyers 2014 in product
individuals, and nonprofit
U.S. Army Col. Charles N. Pede ‘87 was promoted to the rank of brigadier general at
liability litigation, and in
organizations.
a ceremony at Fort Belvoir, Va., on September 16. His wife, Anne, and son, Nate (19)
Legal 500 US in aerospace/
aviation and pharmaceutical and medical devices.
pinned on his stars. His distinguished career with the Judge Advocate General
1985
Corps includes service as executive officer to the JAG; chief of the criminal law division, and Staff Judge Advocate, U.S. Forces, Iraq. He twice deployed to Afghanistan
while serving as Staff Judge Advocate for the 10th Mountain Division, based in Fort
Drum, N.Y., and has completed numerous other assignments in military justice.
Kurt J. Krueger is listed
in Virginia Super Lawyers
2013 in business/corporate and mergers and
Directorate. He leads the
William W. Eigner was
litigation. He is listed
acquisitions and in Best
legal division that focuses
voted a top attorney in
in Best Lawyers 2014 in
Lawyers 2014 in corporate
on cyber security, biomet-
transaction law for San
commercial litigation,
law. He is a partner
rics, and chemical security.
Diego County, Calif., by
copyright law, banking &
with McGuireWoods in
Previously, he served
The Daily Transcript for the
finance litigation, intel-
in the Senior National
sixth consecutive year. He
lectual property litigation,
he focuses his practice
James H. Prior is listed in
Intelligence Service at the
is a partner with Procopio,
mergers & acquisitions
on working with public
Chambers USA 2013 in
National Counterterrorism
Cory, Hargreaves & Savitch,
litigation, patent law,
and private, closely held
employee benefits &
Center. Wired described
where he focuses his
patent litigation, and
corporations, as well as
executive compensation
Sutherland as “one of
practice on venture capital,
technology law. He is with
partnerships and limited
and in Best Lawyers 2014 in
the government’s point
angel financing, seed
Womble Carlyle Sandridge
liability companies.
banking and finance law
people on stemming the
capital, and the financing,
& Rice in Atlanta, Ga.
and equipment finance
appeal of al-Qaida.”
governing, operating, buy-
Charlottesville, where
Allison and Bill Lundeen
law. He is a partner with
are the grateful parents to
Porter Wright in Columbus,
three young daughters; all
Ohio, where he focuses his
live near Chicago in River
practice on employee
Forest, Illinois.
benefits and commercial
William S. Brewbaker III
Randall W. Nichols is
in Best Lawyers 2014 in
transactions.
ing, selling, and merging of
1986
growing technology and
1987
other businesses.
Stephen E. Fox is listed
became interim dean of
a partner with Massey
management employ-
Bart McLeay lives in
the University of Alabama
Stotser & Nichols in
ment law, management
Omaha with his wife,
Daniel Sutherland has
School of Law on July 1.
Birmingham, Ala. He
labor law, and labor and
Jane, and they have four
been appointed as an
He joined the University
was named Birmingham
employment litigation.
children, with their young-
associate general counsel
of Alabama School of
Lawyer of the Year in family
He is a principal with Fish
est son in high school. Bart
at the Department of
Law faculty in 1993 after
law by Best Lawyers 2013.
& Richardson in Dallas,
served for the past several
Homeland Security,
practicing in Birmingham
years as chair of the litiga-
where he is the primary
for six years. He is the
William M. Ragland Jr. is
practice on employment
tion department for Kutak
legal advisor to the Under
William Alfred Rose
listed in Chambers USA
and intellectual property
Rock. On July 1 he an-
Secretary for the National
Professor of Law.
2013 in intellectual prop-
litigation and counseling,
nounced he was running
Protection and Programs
erty law and commercial
particularly in the areas
Tex., where he focuses his
UVA Lawyer / FALL 2013 65
Class notes
…
of trade secret theft, cor-
1988
porate espionage, unfair
Hunter Carter ’88, as lead counsel
competition, and employ-
Tom Burack serves as im-
in the marriage equality cases at
ment discrimination and
mediate past president of
the Inter-American Commission
wrongful termination.
the Environmental Council
on Human Rights, was invited to
of the States, the national
argue to a committee of the Chilean
Timothy S. Goettel is listed
nonprofit, non-partisan
Senate and to the entire Colombian
in North Carolina Super
association of state and
Senate that marriage equality is a
Lawyers 2013 in mergers &
territorial environmental
human right. He is a partner with
acquisitions and securities
agency leaders, having
Arent Fox in New York City.
& corporate finance and
spent last year as the
Chambers USA 2013 in
group’s president. In
corporate/M&A. He is
this capacity he has
also listed in Best Lawyers
worked to strengthen the
2014 in corporate law and
relationship between the
in Amman, Jordan, where
“elbow clerks.” He came
trains, and develops
mergers & acquisitions law.
state agencies and U.S.
he served as regional
to Law School with an
diverse attorneys for
He is a partner with Smith
Environmental Protection
representative for the
incomplete Ph.D. disserta-
future leadership positions
Anderson in Raleigh.
Agency. Burack is now
Mennonite Central
tion, which he was able
in the state bar and across
helping to lead a joint
Committee and worked on
to complete years later
the state. Perkins Coie,
Wes Musselman was rec-
state and federal effort
a variety of humanitarian
and received a doctorate
where Williams is a partner
ognized for his expertise
to bring a new business
assistance, development,
from UVA in Religious
in the litigation practice,
in intellectual property
model to the delivery of
and peacebuilding
Studies. He writes that he
partnered with its clients,
law in the 2013 IP Stars list
environmental protection
projects in the region. He
is, however, most grateful
Microsoft and Starbucks,
published by Managing
by using continuous
wrote an article about the
for the 35 years with his
to fund the organization,
Intellectual Property. He
process improvement
Syrian refugee crisis for
wife, Barbara.
and Perkins Coie hosted
is a principal with Fish &
techniques and advanced
PBS Religion and Ethics
Richardson in Dallas, Tex.,
monitoring and informa-
Newsweekly, which can be
Arthur Robinson has
skill development session
where he focuses his prac-
tion technology. Known
found at: bit.ly/boundby.
been named the global
in the Seattle offices
tice on patent prosecution
as E-Enterprise for the
head of capital markets
in January.
and litigation.
Environment, this initiative
John Catron and his
for Simpson Thacher &
promises over time to
wife, Kim, live in London,
Bartlett in New York City.
Ridge Schuyler is vice
transform the regulatory
where John is employed
He also leads Simpson
president and director of
approach to environmen-
by Boeing as its chief
Thacher’s business
the Orange Dot Project in
tal protection in the
counsel for Europe, Russia,
development team
Dave Cohan accepted
Charlottesville, where 27
United States.
and Israel.
and sits on the firm’s
a position in May as
executive committee.
in-house general counsel
percent of families lack
a leadership styles and
1989
enough income to pay
Steven Dalle Mura consid-
for food, shelter, cloth-
ers himself very fortunate
James Williams received
a distributor of liquid
ing, utilities, childcare,
to have worked for the
the Outstanding Mentor
asphalt based in Roanoke,
and transportation. The
past 20 years as the direc-
Award from the King
Va. The company operates
Orange Dot Project works
tor of legal research in
County Bar Association
13 asphalt storage and
to help impoverished fami-
the office of the executive
Young Lawyers Division.
transportation terminals
lies become self-sufficient
secretary of the Supreme
Williams has been com-
throughout Virginia, West
by creating new jobs and
Court of Virginia, which is
mitted to helping young
Virginia, North Carolina,
for Associated Asphalt,
helping people to get and
Daryl Byler is executive
the administrative office
lawyers for years. He was
South Carolina, Georgia,
retain those jobs.
director of the Center for
of the state court system.
one of the founders of
and Florida. Dave can
Justice and Peacebuilding
His group of five attorneys
the Washington State Bar
be reached at dcohan@
at Eastern Mennonite
serves as the “law clerk
Association’s Leadership
associatedasphalt.com.
University in Harrisonburg,
pool” for the Virginia trial
Institute, which recruits,
Va. For six years Byler lived
judges who do not have
66 UVA Lawyer / FALL 2013
Class notes
…
The Exacting Business of Legal Translation
Thomas L. West III ’90 has a knack for languages
they have expertise in ten European languages.
that proved to be a notable asset in Law School.
West is certified to translate from French,
Working with his mentor, Professor Daniel
Spanish, German, and Dutch to English and
Meador, who had written a book on East
speaks six other languages as well. But the key
German law and wanted to stay informed about
to Intermark’s success is the fact that all the
changes when the Berlin Wall came down, West
translators have legal backgrounds. Many of
translated German law review articles, court
them are former attorneys.
Legal translation is challenging on several
decisions, and newspaper articles orally for him.
After graduation from Law School, West
levels. To do a good job translating a legal
practiced for five years with Alston & Bird in
document from English to French, for instance,
Atlanta. He soon discovered how difficult it was
you not only have to understand what terms
to get useful legal translations from translators
mean; you have to know how you would say
who lack a legal background. Sometimes firms
it in French. To be a good legal translator you
would request translation from English into
have to be more than fluent. You need a keen
their language, then end up requesting the
eye for detail and the patience to figure things
original document in English because that
out because accuracy is crucial. New laws bring
in ancient Roman law. “The legal systems in
would be clearer to them than a half-baked
new terms to decipher, so a bit of detective
Europe have their foundations in Justinian law.
translation. West saw a need and left the
work may be required.
Although at the time I didn’t know where my
West credits his education at the Law School
practice of law to fill it.
In 1995 he founded Intermark Language
for sharpening skills that have proven to be
law career would take me, it turns out that that
would have been very useful in my work.”
Last year West published the second edition
Services Corporation, a legal and business
invaluable in his business. The exams for his
translation company located in Chattanooga,
courses pushed him to concentrate. “A question
of The Spanish-English Dictionary of Law and
Tenn., that serves law firms, financial institu-
could focus on one specific point,” he recalls,
Business (see In Print). The volume includes
tions, and Fortune 500 companies around the
“and if you weren’t really paying attention, you
thousands of essential terms and phrases and
world. Most of the work is for clients in Europe.
could head off in the wrong direction.” The
complete coverage of terminology used in all
Intermark has three full-time staff members
same is true in translation.
20 Spanish-speaking countries.
and scores of freelance translators. Altogether,
Robert M. Tata was
In hindsight, he regrets not taking a class
1990
—Rebecca Barns
reports. The PCAOB also
open for business. Come
one end of the Lawn to the
oversees the audits of
visit! Marla and I are
other to participate. They
of Virginia to the Old
Robert H. Cox is assistant
broker-dealers, includ-
being kept busy with the
needed 1,739 to break
Dominion University board
director with the Public
ing compliance reports
ever-growing schedules of
the record and logged in
of visitors for a four- year
Company Accounting
filed pursuant to federal
our six-year-old, Eva, and
over 2,000. Football coach
term. Located in Norfolk,
Oversight Board in
securities laws, to promote
three-year-old, Max, but it
Mike London tweeted his
ODU is a public research
Washington, D.C. The
investor protection. Cox
keeps me young.”
congratulations, advising
university with approxi-
PCAOB is a nonprofit
has been at PCAOB since
mately 25,000 students.
corporation established by
2011; prior to that he was
Tata continues his practice
Congress to oversee the
a partner with Howrey.
at Hunton & Williams in
audits of public companies
Virginia Beach. He was
in order to protect the
recognized by Best Lawyers
appointed by the governor
Groves, “You may need to
UVA Dean of Students
see our trainers tomorrow
Allen Groves got the
for treatment.” Such fun
academic year off to a fun
events seem a natural for
Sean Gertner reports
start when, with the help
Groves, who led a UVA
interests of investors
that representing Point
of students, he broke the
version of the Harlem
2013 as a Washington,
and further the public
Pleasant Beach post-
Guinness World Record
Shake on the Lawn earlier
D.C., and Virginia Lawyer
interest in the preparation
[Hurricane] Sandy has
for most high-fives by an
in the year.
of the Year in intellectual
of informative, accurate
been a challenge. Even
individual in one hour.
property law.
and independent audit
so, he writes, “We are
Students lined up from
UVA Lawyer / FALL 2013 67
Class notes
…
Catharina Y. Min serves
Richard E. Farley is a
young people to get
as the office managing
partner in the leveraged
involved in community is-
partner of the Silicon
finance group with Paul
sues. Farley also serves on
Valley office of Reed Smith,
Hastings in New York
the board of The Common
where she focuses on
City, where he focuses his
Good, a non-profit organi-
cross border and domestic
practice on global high-
zation that seeks common
M&A and venture capital/
yield bond and leveraged
ground and encourages
emerging companies
loan transactions. Within
civic engagement.
work.
Min was named
Russell S. Sayre is in Best
two years of being hired to
Thomas W. Thagard III is
chairperson of Council
Lawyers 2014 in appellate
head the firm’s leveraged
Ethan K. Knowlden is
listed in Alabama Super
of Korean Americans, a
practice, commercial
finance department, Paul
senior vice president, gen-
Lawyers 2013 in business
national organization of
litigation, and litigation-
Hastings was ranked
eral counsel, and secretary
litigation and named in
Korean American leaders
banking & finance. He is a
number three in deal
for Complete Genomics,
Best Lawyers 2014 as
working to address issues
partner with Taft Stettinius
making by the Financial
Inc., based in Mountain
Lawyer of the Year in
of importance to Korean
& Hollister in Cincinnati,
Times. His writing on the
View, Calif. The company,
mergers and acquisitions.
Americans.
She re-
Ohio, where he concen-
banking industry has
which has 200 employees,
He is a shareholder and
cently received the Debra
trates his practice on
been published in The
uses the latest technol-
co-chair of the general
Zumwalt Pioneer Award,
litigation, arbitration, and
New York Times, The Wall
ogy to provide the most
litigation practice group
which is “presented to a
dispute resolution.
Street Journal, CNNMoney.
accurate whole-human
with Maynard Cooper &
com, and numerous other
genome sequencing avail-
Gale in Birmingham.
woman general counsel
or law firm partner who
William Thro is general
publications. He often
able. In March, Complete
has transformed being the
counsel of the University
appears on Bloomberg
Genomics was acquired
‘first’ into being a catalyst
of Kentucky in Lexington.
TV, and last year he
by BGI, the world’s
for change” at the 2013
He returned home to
received a Bloomberg BNA
largest sequencing
West Coast Transformative
Kentucky after spending
Burton Award for Legal
company, headquartered
Sheri J. Caplan has written
Leadership Awards.
She
four years as solicitor
Achievement in asso-
in Shenzhen, China.
and published Petticoats
lives in San Francisco with
general of Virginia and
ciation with the Library of
and Pinstripes: Portraits
her husband, John Fish,
eight years as University
Congress for his writing.
of Women in Wall Street’s
who is a partner at Littler
counsel of Christopher
Mendelson, and two
Newport University.
Farley serves on the
1992
History, a collection of
board of directors of
biographical essays of
daughters, Isabella (9) and
Herbert G. Birch Services,
women who helped shape
Sydney (8).
New York State’s largest
America’s financial destiny.
non-governmental
This is the first book to
Linda Papst de Leon
provider of education and
place their contributions
is of counsel to Gates,
related services to children
to American finance in
O’Doherty, Gonter & Guy
and adults with autism
in San Diego, Calif., where
and other mental disabili-
Alexander M. Macaulay is
(see In Print). Caplan is
she focuses on all areas of
ties. He chairs the board of
listed in 2013 Virginia Super
a security arbitrator for
family law. She was previ-
directors of Love Heals, the
Lawyers and Best Lawyers
the Financial Industry
ously with Seltzer Caplan
Alison Gertz Foundation
2014 in government
Regulatory Authority
McMahon Vitek.
for AIDS Education, the
relations. He is with
(FINRA).
leading provider of HIV/
Macaulay & Burtch in
Jeremiah DeBerry has
AIDS education to young
Richmond, where he
Avi Garbow is gen-
joined Mayer Brown in
people in New York City.
focuses his practice on
eral counsel at the U.S.
New York City as director
He serves on the board of
government relations,
Environmental Protection
of diversity & inclusion in
directors of the non-profit
health care, and business
Agency, and came to
the U.S. He was previously
organization, REACT to
disputes.
that role with nearly two
director of diversity with
FILM, which through
decades of environmental
Cadwalader, Wickersham
sharing documentary films
law experience in the
& Taft.
aims to engage and inspire
private and public sectors.
68 UVA Lawyer / FALL 2013
1991
a historical perspective
Class notes
…
Florida attorney Theodore W. Small Jr.
‘92 was honored with a 2013 American
members, for our association, and for our
Bar Association Presidential Citation for
Laurel G. Bellows while presenting the
Exemplary Leadership in Enhancing Pro
presidential citation.
Bono Legal Services and Improving the Legal
profession,” remarked then ABA President
Small addressed the importance of the
Profession. During his years as a member of
legal community’s collective pro bono work
the ABA’s standing committee on pro bono
on the occasion of his receiving a City of
and public service (2009–12), Small led efforts
DeLand (Florida) Proclamation honoring his
to produce Supporting Justice III: A Report
work. While receiving the proclamation for
on the Pro Bono Work of America’s Lawyers,
more than 20 years of pro bono work and
a publication that provides critical and
thousands of hours of public service work
important data for law-related organizations,
in the community, Small said, “I humbly
pro bono attorneys, and providers.
accept the Proclamation honoring my pro
“This [report] will increase awareness of
bono commitments on behalf of the many
legal services needs of poor Americans go
the growing need for pro bono attorneys and
unrecognized pro bono lawyers and legal
unmet.” Small also noted the event coincided
provide high quality information to guide the
assistants who volunteer their legal skills to
with 2013 National Pro Bono Week, October
recruitment, planning, structure, and provi-
represent those who cannot afford to pay
20-26. Small has a solo practice in DeLand,
sion of pro bono legal services to the poor.
for reasonable access to our justice system.
and focuses on business, employment, and
Ted is a strong advocate and resource for our
Repeated studies show that over 80% of the
contract law and litigation.
He was appointed by
Jane E. Kurtz recently
President Obama to serve
published 3 Ingredient
as EPA’s deputy gen-
Cocktails, an illustrated
eral counsel in 2009, and
how-to guide for simple
served in that role before
and successful cocktail
being nominated by the
mixology seasoned with
president and confirmed
humor. Her nom de plume
unanimously by the senate
is J.K. O’Hanlon or “Thirsty
to serve as general coun-
Jane.” (See In Print.)
sel. He has served in EPA’s
Office of Enforcement and
Vytas A. Petrulis is listed
Compliance Assurance and
in Best Lawyers 2014 in real
as a federal prosecutor in
estate law. He is a partner
the Department of Justice
with Jackson Walker in
environmental crimes
Houston, Tex., where he
section. In private practice
focuses his practice on
he was a litigation partner
real estate development,
James N. Czaban ‘92 earned an “especially tasty honor” this August when he caught
and junior partner at two
investment, leasing, and
a 276-pound bigeye tuna to win first place in the tuna division of the 40th annual
major international firms.
finance.
while on the boat Sushi. The fish earned Jim and his teammates a record-setting
Kevin W. Grierson has
James E. Ryan was
$573,000, the most ever paid out for a tuna in a fishing tournament. With two kids
joined Culhane Meadows
appointed dean of the
entering college soon, Jim notes that his share of the purse “might pay for one
in Washington, D.C.,
Harvard Graduate School
semester’s tuition,” but he’ll also put part of it aside to help fund “investments” in fu-
where he is partner and
of Education and began
ture tournaments. When he’s not fishing, he is the chair of Wiley Rein’s FDA practice
co-chair of the intellectual
his term on September 1.
in Washington, D.C., focusing on pharmaceutical regulatory and IP strategies and
property group.
Jim is one of the nation’s
White Marlin Open in Ocean City, Md. Appropriately, he caught the monster fish
food safety compliance.
leading scholars of
UVA Lawyer / FALL 2013 69
Class notes
…
education law and policy.
the California State Senate
beautiful today than the
where he represents
implements programs to
Before being appointed
as the Republican
day we married more than
clients in all major
professionalize Colombia’s
to the HGSE deanship, Jim
nominee in San Francisco.
27 years ago. As for me,
environmental programs,
justice sector and law
was an award-winning
On March 3, 2013, she was
I’m just happy. If you find
including the Clean Air
enforcement agencies
faculty member and
elected the first woman
yourself in Richmond, let’s
Act, Clean Water Act,
while countering narcotics
former academic associate
vice chairman of the
grab a beer and catch up.”
Superfund, solid and
production and trafficking.
dean at the Law School,
California Republican
where he began educating
Party. She is currently
Dickens “Deke” Mathieu
emergency planning, and
Brian R. Booker is
new UVA lawyers in 1998.
serving her second term
became senior vice presi-
agricultural issues.
included in the 2013
The Law School’s great loss
as chair of the
dent and general counsel
Southwest Super Lawyers
is Harvard’s fortune.
San Francisco GOP.
hazardous waste,
at Syracuse University
list in the area of business
She balances her
in July. He serves as the
litigation. He is a partner
Randi Rimerman Serota
business, political law,
university’s chief legal
with Quarles & Brady in
died on September 1
employment, and civil
officer and as a member of
Phoenix, Ariz., where he
after a year-long battle
rights litigation practice
the chancellor’s cabinet.
focuses his practice on
with cancer. After law
with daily volunteer politi-
He was previously senior
commercial litigation
school she clerked for
cal activities and knitting.
legal counsel at Tufts
with an emphasis on
the Hon. Stanley Harris of
In 2012 she started an
University.
commercial and profes-
the U.S. District Court in
organic California yarn and
Washington, D.C., before
knitwear company called
Tom McThenia’s twin
Michael D. Steger formed
securities fraud, and
beginning her career as a
Sea Ranch Woolworks,
sons, Andrew and Sam,
Steger Krane LLP in
product liability.
trial attorney for the civil
which specializes in
are first years at UVA
February. Based in New
division of the U.S. Justice
ethically sourced California
(College and Engineering),
York City, the firm practices
Heidi K. Brown is an
Department. She later
sheep wool and alpaca
which gives him “a
intellectual property,
associate professor of law
joined Duane Morris in
yarns and knitwear,
great excuse to come
entertainment, corporate
at New York Law School
Philadelphia, where she
featuring the wool of the
back to Charlottesville
and employment law, and
in Manhattan, where she
focused on employment
Sea Ranch sheep.
from Florida.” Tom
commercial litigation.
teaches evidence, legal
enjoys practicing law with
Steger had a solo law
practice, and deposition
law, and was most recently
sional liability, real estate,
associate general counsel
Mike Klein writes that
GrayRobinson in Orlando
practice for the previous
skills. She recently was
and director of compliance
while the Klein family
and Gainesville.
seven years.
appointed to the board of
at Ellucian in Malvern, Pa.
has grown since its days
Randi is survived by her
at Withers Hall, it thrives.
husband, Howard, and
His daughter, Allie (26) is
sons, Max and Adam.
a UVA grad and now a 3L
1993
the American Association
1994
of Law Schools’ committee on balance in legal
education. She is working
at William & Mary Law; his
After three years in Mexico
on a two-book series for
son Andrew (23) is a James
City, Jorgan Andrews ar-
legal publisher Wolters
Madison University grad
rived in Bogota, Colombia,
Kluwer on objective and
and an Infantry second
for his next assignment
persuasive legal analysis.
lieutenant in the 82nd
with the U.S. State
Heidi is also developing
Airborne Division at Ft.
Department. His wife,
programs to assist law
Bragg, N.C.; son Reilly (18)
Robert J. Schmidt Jr. is
Sara Craig, who is also a
students and lawyers
is a midshipman (plebe) at
listed in Chambers USA
Foreign Service Officer,
who suffer from extreme
the U.S. Naval Academy;
2013 in natural resources &
and children Soren (11),
public speaking anxiety.
identical twins Blayney
environmental law and
Karsten (10), and Dagny
Her article, “The Silent
and Emma (14) are 9th
Best Lawyers 2014 in
(6) accompanied him. As
but Gifted Law Student:
graders at the Collegiate
environmental law-
deputy director of the U.S.
Transforming Anxious
School in Richmond. His
litigation and
Embassy’s international
Public Speakers into Well-
Harmeet Dhillon married
wife, Lee, teaches second
environmental-water law.
narcotics and law enforce-
Rounded Advocates,” was
Sarvjit Randhawa in 2011.
grade at St. Mary’s in
He is a partner with Porter
ment section, Jorgan
recently published in the
In 2012 Harmeet ran for
Richmond, “and more
Wright in Columbus, Ohio,
70 UVA Lawyer / FALL 2013
Class notes
…
Online Alumni Q&A
Find the full archive online at: www.bit.ly/alumni_qa
Journal of the Legal Writing
up with Liz McCraw
Institute (18 Leg. Writing
McCarron, Stacey Geis,
291 (2012)).
and Dave Burke ’93 and
Called to Serve: Adam Gordon ’08 on Prosecuting Criminals in San Diego
their families.
Carmen Tiburcio LL.M. ’87 S.J.D. ’98 on Private International Law and Being Chosen
to Lecture at The Hague
banking law at White &
After 17 years in the
Ingrid Zeisler ’01 on Working at a Global Investment Management Firm
Case in New York City and
Richmond and Houston
is the head of the banking
offices of McGuireWoods,
section for the Americas.
during which work took
partner and co-chair of the
Chris Osborn presents
of 2012 to join Meredith
He lives with his wife,
him to London, Frankfurt,
energy litigation group
CLE seminars on ethics
Shackelford Jeffries ’94
Kathy, and their children,
and Singapore, Rob Tyler
and the real estate and
and professionalism
and Tony Ketron ’98 on
Luke (11), Alex (9), and Ben
has moved his intellectual
construction marketing
through ReelTime CLE,
the full-time faculty of the
(5), in Brooklyn Heights.
property litigation and
team with McGuireWoods
www.reeltimecle.com, a
Charlotte School of Law in
counseling practice to
in Charlottesville.
company he co-founded in
North Carolina. During his
Eric Leicht practices
2010 (with a former lawyer
first year, Chris taught con-
Fain. He now focuses more
Steve Mahle was counsel
turned counselor). The
tracts (which he conducts
on issues facing middle-
to the Florida Justice
live, interactive ReelTime
in the spirit and in honor
market clients, and is
Reform Institute in a multi-
CLE seminar format uses
of former dean Bob Scott,
renewing his acquaintance
year lobbying effort that
offbeat film clips as the
whom he portrayed in The
with courts in Virginia. He
culminated in the Florida
springboard for a lively,
Libel Show), and this year
“mourns the loss of his
legislature replacing
dynamic discussion of
is teaching civil procedure.
frequent flyer status,” he
Florida’s 90-year-old expert
professional responsibil-
Chris’s scholarship and
writes, “and that’s about it.”
evidence standard with the
ity and ethical decision
future teaching efforts
Rob and his wife, Crystal,
modern Daubert standard
making in the real world
will be focused on ethics,
live in Midlothian.
for admissibility of expert
of practice (particularly
professional responsibility,
testimony. The law took
as the latter may be af-
and the promotion of
Richmond-based Spotts
John B. Nalbandian has
been selected for inclusion
in Best Lawyers 2014 in
Carole Yeatts is director
effect in July. In September
fected by stress and other
innovative and effective
appellate practice. He is a
of career and professional
Mahle and three fed-
mental health-related
ways of teaching those
partner in the litigation
development program-
eral judges made a CLE
issues). After presenting
subjects. He and his wife,
practice group of Taft
ming for the University of
presentation discussing
its programs initially
Wendy, celebrated their
Stettinius & Hollister in
Richmond School of Law.
the impact of this Daubert
throughout North and
20th wedding anniversary
Cincinnati, Ohio.
She lives in Bon Air with
legislation in Florida.
South Carolina, in the past
in August. They continue
His practice concen-
three years ReelTime CLE
to live in Charlotte with
trates on the evaluation,
has expanded to partner
their three daughters
challenge, and exclusion
with state bars or bar as-
(ages 15, 13, and 11).
(or proffer and admission)
sociations in Georgia, New
and children, Zoe (13), Liesel
of scientific and other
Mexico, New York, Oregon,
Leah Ward Sears LL.M. has
(10), and Atticus (8). She
Jonathan T. Blank is listed
expert testimony under
and Virginia. In September
been elected a fellow of
recently joined Stanhope
in Virginia Super Lawyers
Daubert and the other
ReelTime CLE debuted
the American Academy of
Capital, a wealth manager in
2013 in energy and
standards for admissibility
for the Oregon State
Appellate Lawyers. She is a
London, as general counsel
natural resources, business
of expert testimony, and
Bar its newest program,
partner with Schiff Hardin
and chief compliance
litigation, and construc-
includes econometric
“Accidental Racists,” and
in Atlanta, Ga., where she
officer. She is also a trustee
tion litigation and was
analysis of expert testi-
Other Elephants in the
leads the national appel-
of the London Children’s
included among Client
mony and legal analysis of
Room: The Impact of Subtle
late client service team.
Ballet, an organization
Service All Stars in energy
the econometrics used by
Forms of Bias on Access to
dedicated to changing the
litigation, BTI Consulting
experts. He posts some of
Justice.
lives of children through
Group 2013. Blank is also
his work on DaubertCoun-
dance. She and her
listed in Best Lawyers 2014
sel.com. Mahle practices
love for teaching, Chris left
family had a great time this
in commercial litigation.
throughout the country
private practice in the fall
summer in France catching
He is office managing
from Boca Raton, Florida.
her two children.
Stephanie Shepard Cobb
lives in London with her
husband, Shane Cobb ’93,
1995
Having discovered a
UVA Lawyer / FALL 2013 71
Class notes
…
Law Alumni Weekend 2013
1200+: Number of alumni and guests in attendance
425+: Number of locally crafted, gourmet popsicles devoured at Saturday’s BBQ
275+: Number of Monticello tours taken by alumni and guests
650+: Number of Virginia ham biscuits eaten at the Saturday morning breakfast
200+: Number of omelets made to order at the Sunday Brunch
175+: Number of mini succulents handed out for Mother’s Day
572:
Number of reunion photos on FLICKR for viewing & download
www.flickr.com/photos/uvalaw/sets
72 UVA Lawyer / FALL 2013
Class notes
…
UVA Lawyer / FALL 2013 73
Class notes
…
1996
Magazine as one of the
1997
area’s legal elite in banking
the U.S., Canada, and
the banking & finance
Latin America.
practice area. He is a
Drury brings a great
member at Wyche, where
In August Damian
Capozzola proudly
& finance.
Coburn has been
recognized in Chambers
deal of experience to
he represents both public
launched his own firm,
selected to participate
USA 2013 as a leader in
his new position. Before
and private company
specializing in commercial
in the Liberty Fellowship
real estate law and in Best
attending Law School,
clients in corporate and
litigation, torts, employ-
Class of 2015. The Liberty
Lawyers 2014 in real estate
he was assistant state
securities law matters and
ment law, and health care.
Fellowship is a statewide
law and land use & zoning
director to U.S. Senator Bill
complex transactions.
See www.ddclaw.com.
leadership initiative
law. He is with Smith
Bradley. After graduation,
He still lives and works
established by The
Moore Leatherwood in
he practiced law with
Kevin W. Holt is listed
in Los Angeles, where he
Aspen Institute, Wofford
Greensboro, N.C.
Lowenstein Sandler,
in Best Lawyers 2014 in
is originally from, with
College, and philanthropists
focusing his work on
commercial litigation. He
Renee, his wife of 12
Anna and Hayne Hipp.
Creighton Drury was
constitutional law and civil
is a partner with Gentry
years, and their two sons,
Participants are chosen
named executive director
rights legislation. He came
Locke Rakes & Moore in
Brian W. Byrd has been
Donovan (6), and Dean (2).
from across South Carolina
of Covenant House New
to Covenant House after
Roanoke, Va., where he
In his free time, Damian
based on their proven lead-
York in June. He served
serving as president and
focuses his practice on
serves as an assistant track
ership abilities and their
as chief operating officer
executive vice president of
commercial, employment,
coach for one of the local
commitment to moving
since joining the organiza-
the nonprofit New Jersey
and ERISA litigation.
high schools on weekends
the state forward. Coburn
tion in February 2012,
Community Development
and enjoys scuba diving,
is a member of Wyche in
and in that role he led a
Corporation, where he
which gives him the op-
Greenville, and focuses his
number of initiatives in
saw the annual operating
portunity to help his wife
practice on mergers and
health, education, and
budget increase from $1.5
with her new business in
acquisitions, corporate
neighborhood economic
to $20 million. As New
underwater photography,
reorganizations, structuring
development strategies,
Jersey’s Director of Gang
www.beneaththesurfaceim-
of joint ventures, securities
as well as overseeing crisis
and Crime Prevention from
aging.com.
offerings, and executive
and long-term care needs
2008–10, he helped shape
compensation and benefits.
of youth who came to
state policy relating to
Covenant House for help.
at-risk urban youth.
1998
Kevin Drucker is share-
Covenant House New York
holder with Mendelsohn,
was established in 1972
Drucker & Dunleavy in
and served more than
William R. Borchers was
Philadelphia, Pa. He leads
6,000 youth last year.
included in S.A. Scene’s 2013
the firm’s U.S. trademark
Covenant House New
Best San Antonio (Texas)
prosecution, intellectual
York provides emergency
Lawyers list in intellectual
property licensing, en-
shelter and basic needs—a
property. He is a partner
forcement, and litigation
shower, a warm meal,
with Jackson Walker.
practices.
clean clothes, medical
help, and encourage-
Amy E. Davis was recog-
Andy Coburn is listed in
Mark A. Knueve has been
ment—for homeless,
Best Lawyers 2014 for
recognized in Chambers
runaway, and high-risk
Eric Graben is listed in Best
a legal leader on the rise.
securities/capital markets
USA 2013 and Ohio Super
youth in New York City.
Lawyers 2014 for corporate
She is a partner and share-
law, corporate law,
Lawyers 2013 in employ-
Covenant House, the um-
law and securities/capital
holder with Christiansen
business organizations
ment and labor law. He
brella organization, is the
markets law and named
Davis Bullock in Dallas,
(including LLCs and
was also in Best Lawyers
largest privately funded
Greenville Lawyer of the
where she focuses her
partnerships), and
2014 for employment
agency serving homeless
Year in securities/capital
practice primarily on labor
employee benefits (ERISA)
law-management and
youth in the nation, with
markets law. Graben was
and employment law and
law. He was also recog-
litigation-labor & employ-
facilities, or “houses,”
also recognized by
commercial litigation.
nized by Greenville Business
ment. He is a partner with
in 22 cities throughout
Greenville Business
74 UVA Lawyer / FALL 2013
nized by Texas Lawyers as
Vorys, Sater, Seymour and
magazine as one of the
Pease in Columbus.
area’s legal elite for 2013 in
Class notes
…
Jonathan Frutkin
Jennifer Romig at jromig@
published Equity Crowd-
emory.edu if you would
Michael Rakower ‘99 writes, “The past
funding: Transforming
like to suggest an idea or
several months have been quite fruit-
Customers into Loyal
potentially be interviewed
ful. First, Sali ’99 and I had our fourth
Owners. In the book, he
for “Listen Like a Lawyer.”
child in December 2012. Our family
explains how the world of
now includes older sisters Rachel,
finance is about to change.
James F. Neale is listed in
Becca, and Hannah and baby brother
(See In Print). Frutkin is
Virginia Super Lawyers 2013
Jake. Second, my boutique litigation
CEO of Cricca Funding, a
in personal injury defense-
practice expanded in November
consulting firm that works
general, civil litigation
2012, and the firm is now known as Rakower Lupkin PLLC. Third, I was selected for
with locally owned busi-
defense, and personal in-
inclusion in the 2013 New York Metropolitan Edition of Super Lawyers.”
nesses to take advantage
jury plaintiff- general. He is
of equity crowdfunding,
also listed in Best Lawyers
with offices in Scottsdale,
2014 in product liability
Kosovo, where she served
Virginia Super Lawyers
Ariz., and Atlanta, Ga.
litigation. BTI Consulting
in the U.S. Embassy’s
2013 and is listed in Best
2000
Group named him a Client
political and economic
Lawyers 2014 in mass
Saralisa G. Brau is a
Gary M. Gansle has
Service All Star in product
section as the director for
tort litigation/ class
principal author of
accepted a leadership po-
liability law. He is a partner
the Bureau of International
actions-plaintiffs, medical
Antitrust and Healthcare:
sition with Squire Sanders
with McGuireWoods in
Narcotics and Law
malpractice law-plaintiffs,
A Comprehensive Guide,
(US) LLP as practice group
Charlottesville.
Enforcement Affairs. In
and personal injury
published in July by the
leader of the Northern
August Jenna and her
litigation-plaintiffs. He is
American Health Lawyers
California employment
Helen Wan is the author
husband welcomed their
a partner in the medical
Association. The book is
law practice, resident in
of the debut novel The
third child, a daughter,
malpractice, personal
a practical guide to the
the firm’s Silicon Valley
Partner Track, published
who is doted on by her
injury, and products li-
application of antitrust
office. Gary writes he
by St. Martin’s Press in
two older brothers.
ability groups with Gentry
laws to different segments
was pleased to also bring
September, about a young
Locke Rakes & Moore in
of the health care industry.
his entire team from his
minority woman at a pres-
Stephanie L. Chandler was
Roanoke.
Brau is a deputy assistant
former firm to join him at
tigious corporate law firm.
included in S.A. Scene’s
Squire Sanders, which has
The novel explores how
2013 Best San Antonio
Bellamy Stoneburner
care division of the Federal
over 1300 attorneys in 39
difference, diversity, and
Lawyers list in business
has been recognized as
Trade Commission’s
offices around the world.
“outsider” status compli-
& corporate and mergers
a rising star in Virginia
Bureau of Competition in
Gary is excited about the
cate the ascent of young
& acquisitions. She is a
Super Lawyers 2013. She is
Washington, D.C., where
challenges that lie ahead
lawyers up the corporate
partner with Jackson
an associate with Cantor
she leads investigations
as he continues to grow
ladder (see In Print). Wan is
Walker.
Stoneburner Ford Grana
and litigation involving
his group locally, and
associate general counsel
and Buckner in Richmond,
alleged violations of
his practice locally and
at the Time Inc. division
Todd W. Latz is currently the
where she focuses her
antitrust laws by health
internationally.
of Time Warner Inc. She
CEO of MedQuest, Inc., a
practice on medical
care providers and phar-
lives with her family in
leading owner, operator,
negligence, neurological
maceutical companies.
New York.
director with the health
and manager of diagnostic
birth-related injury, and
has launched a new blog,
imaging facilities, with over
complex personal injury
Ryan Clinton was recog-
“Listen Like a Lawyer,” at
75 centers in 8 states. He
litigation.
nized by Texas Lawyers as a
Jennifer Murphy Romig
www.listenlikealawyer.
1999
lives in Atlanta, Ga., with
legal leader on the rise. He
his wife, Jenny, and their
Laura Webb Khatcheressian
has handled high-profile
on effective listening in
Jenna (Jones) Bucha has
three children, Alex (10),
joined the faculty of the
cases, including represen-
the legal context: the
returned to Northern
Sophie (7), and Gaby (4).
University of Richmond
tation of an international
theory, practice, and
Virginia for an assign-
School of Law in June as
oil-and-gas royalties dis-
benefits for lawyers and
ment with the State
Anthony M. Russell was
an assistant professor of
pute, and Texas A&M in
other legal professionals,
Department’s Executive
recognized as a rising star
legal writing.
litigation arising from the
as well as law students and
Secretariat. This follows a
in personal injury plaintiff-
professors. Please contact
two-year tour in Pristina,
medical malpractice in
com. The blog’s focus is
UVA Lawyer / FALL 2013 75
Class notes
…
1999 collapse of the Texas
Eric J. Conn and his wife,
operations counsel and
engaged in issues faced
Kevin P. McCart joined
Aggie bonfire.
Hillary Webber, will
chief compliance officer
by practitioners and
Husch Blackwell in
Clinton’s work to
welcome their first child
for WhiteWave Foods, the
scholars in this area of the
Washington, D.C., as
reform animal shelters
in February. Eric, who is
maker of Horizon organic
law. Hicks is a partner in
partner in the white-
was featured in the April
head of the national OSHA
milk, Silk plant-based bev-
the banking and finance
collar criminal defense and
issue of Texas Rising Stars.
practice group at Epstein
erages, and International
practice with Mayer Brown
government compliance,
He recently spoke at the
Becker & Green, based
Delight creamers. She and
in Charlotte, N.C.
investigations & litigation
University of Washington
in the firm’s Washington,
her family recently spent
School of Law’s annual
D.C., office, was recently
some quality time with
Kandice Kerwin married
served as an active-duty
Animal Law Conference
appointed to the firm’s
Andy Wright and his son,
Tucker Hull in the Wren
Army judge advocate
about why we need to
labor & employment
Garrett, on St. Simons Island.
Chapel at the College of
and most recently was a
change the way we think
steering committee, a part
William & Mary on July 28,
partner at Patton Boggs.
about animal shelters.
of the firm’s management
Joe Geever started
2012. On April 20, 2013,
“Our job,” he explains, “is
structure. He is also in the
work with the Surfrider
they welcomed Cooper
Nate Pietila recently relo-
to demand that animal
final stages of an appoint-
Foundation in California
Ryan Hull to the world.
cated to Orange County,
shelters actively compete
ment to D.C.’s Board of
soon after graduating,
Cooper joins big brothers
Calif., where he continues
in the marketplace for new
Occupational Safety &
fortunate to find work that
Jason (7) and Augustus (5).
to practice aviation law
pets. When they do, pets
Health.
involves his lifelong love
Kandice is a member of
with Aero Law Group PC
leave alive.”
groups. He previously
of our coasts and oceans.
McNees Wallace & Nurick
based in Bellevue, Wash.
He has worked on a range
in Harrisburg, Pa., with a
He has recently spoken
Hankinson in Austin, where
Chrissy (Emmons)
Eisenhard and her
of issues from coastal
practice focused on com-
at a number of seminars
he practices complex
husband, Kurt, and two
zone management to the
mercial and real property
throughout California on
civil-appellate litigation.
children, Madeleine Anne
establishment of marine
litigation. Tucker practices
FAA and tax issues facing
(5) and Reid Frederick (3),
protected areas—special
commercial litigation with
owners and operators
relocated to Boulder, Colo.,
places in the ocean similar
PepperHamilton, and at
of business and private
in 2012. Chrissy is chief
to those in our National
home they enjoy debating
aircraft. He, his wife Kara,
Parks System. Geever
obscure points of civil
and son Jonathan (3)
is currently working
procedure.
celebrated the birth of their
Clinton is a partner with
PHOTO: Jack Cushman
on “integrated water
daughter, Anneke, in May.
management,” multi-ben-
Rohit Kumar has left his
efit reforms for how we
post as Deputy Chief of
Francesca Ugolini
manage our freshwater
Staff to Senator Mitch
received the 2013 Arthur S.
resources. Perhaps most
McConnell after more than
Flemming Award for Legal
importantly, he adds, he
13 years on Capitol Hill.
Achievement at George
finally found the love of
The news of his departure
Washington University in
his life, Gordana, and they
from Capitol Hill was cov-
June. The award is given for
married in April.
ered in a front-page story
exceptional contributions
in the Washington Post and
to the federal government.
E. Perry Hicks has been
generated an interview
Ugolini is an appellate
appointed vice-chair of
with ABC News. After
attorney who presents
Shanna M. Cleveland ‘00 received the 2013 Margaret
the business law section’s
taking a few months off to
complex issues involved in
H. Marshall Award from the Boston chapter of the
subcommittee on invest-
spend with his wife, Hilary,
federal tax cases, which in
American Constitution Society for Law and Policy at
ment securities for the
and daughter, Kiera (3), he
turn enables judges to un-
its annual Constitution Day ceremony in September.
ABA. The subcommittee
joined PwC in October as a
derstand the government’s
The award recognizes her work in securing the shut-
focuses on the parts of the
principal and co-leader of
positions. Her efforts have
down of polluting coal plants in two communities in
Uniform Commercial Code
the tax policy service.
saved the government
the state plagued with air pollution and associated
dealing with investment
more than one billion
health problems. Cleveland is a senior attorney at
securities and related
dollars in tax revenue. She
Conservation Law Foundation.
investment property
is in the tax division with
transactions and is actively
the Department of Justice.
76 UVA Lawyer / FALL 2013
Class notes
…
Andrew Wright finished
Association and elected to
A Response to Professor
education and post-
Bar Association young
up two years at the
the NBA’s board of
Swisher” http://digitalcom-
secondary success.
lawyers’ division. Her term as
White House as associate
governors. He is counsel
mons.law.umaryland.
chair will begin in January
counsel to the president
and member with Reed
edu/endnotes/24/ in the
2014. She is a general tax
and moved south to the
Smith and leads the
online companion to the
attorney with Norfolk
low country to become
appellate practice in the
Maryland Law Review in
Southern Corporation.
associate professor of law
Washington, D.C., and
January. He is a principal
at Savannah Law School.
Richmond offices.
with Kramon & Graham
married Trevor O. Green,
He recently taught his
in Baltimore, where he
a local law enforcement
first section of criminal
Ryan Coonerty is co-
focuses his practice on
officer, in Chesapeake, Va.
law, and will soon teach
author of The Rise of the
insurance coverage and
criminal procedure and
Naked Economy: How to
appellate advocacy. He has
presidential powers. He
Benefit from the Changing
been listed as a rising star
Michael L. Whitlock has
honored in June with
spends most of his non-
Workplace, a new book
in Maryland Super Lawyers
joined Bingham
the Louisiana State Bar
work time chasing after his
published by Palgrave-
for three consecutive years
McCutchen in Washington,
Association’s Human
extremely busy two-year-
Macmillan about the
and teaches a course in
D.C., as partner in the
Rights Award in recogni-
old son, Garrett.
changing nature of when,
the history of the Supreme
antitrust, competition, and
tion of his efforts in
where, and why we work
Court at Goucher College.
trade regulation group and
promoting diversity in the
(see In Print). Coonerty
the white-collar investiga-
legal profession. He is co-
is co-founder and chief
tions and enforcement
chair of the LGBT litigator
strategist of NextSpace
group. He previously
committee of the ABA
Christian Atwood has
Coworking + Innovation,
worked as a trial lawyer in
section of litigation and
been named a 2013 “40
which provides
the antitrust division of the
a volunteer with the New
under 40” award winner in
physical space and virtual
U.S. Department of Justice,
Orleans Pro Bono Project.
the legal advisor category
infrastructure for creative
where he focused on
He is a member with
by The M&A Advisor. The
collaboration among
prosecution of price fixing,
Stone Pigman Walther
award is given to emerg-
freelancers, entrepreneurs,
ing leaders in the M&A,
and other professionals.
2001
On October 19 Eliana
J. Dalton Courson was
bid rigging, and market
Wittman, where he has a
Joshua N. Silverstein was
allocation conspiracies, as
litigation and trial practice
financing, and turnaround
recently recognized among
well as prosecuting and
with a focus on insurance
industries. Atwood is
L. Dwight Floyd has
“20 Under 40” shaping
investigating other federal
coverage, creditors’ rights,
a partner with Choate,
been named director of
business today by South
offenses, including bribery
and bankruptcy and
Hall & Stewart in Boston,
knowledge management
Jersey Biz magazine. He is a
and fraud.
business litigation.
Mass., where he focuses
for Parker Poe Adams &
partner with Stradley
his practice on private
Bernstein. In this recently
Ronon in Cherry Hill, N.J.,
equity and mergers and
created position he will
where he focuses his
acquisitions.
meet with practice group
practice on mergers and
DiMuroGinsberg, a litiga-
leaders, attorneys, and
acquisitions, transactional
tion firm in Alexandria, Va.,
staff members in Parker
health care and insurance
where she has practiced
Poe’s five locations,
matters, and general
general and complex
establishing efficient and
corporate counseling.
litigation for the past five
2003
Stacey (Rose) Harris
was named a partner at
effective processes for
years. In July Stacey and
making the most of the
her husband, Daniel, wel-
collective knowledge of
2002
comed their second child,
the firm.
a son, Jonah Grayson.
Natasha M. Cavanaugh is
Elaina Blanks was elected
Steven M. Klepper
associate general counsel
to the Virginia Bar
Matthew Houtsma was
Tillman J. Breckenridge
published an article
at the Bill and Melinda
Association board of
promoted to associate
has been named chairman
entitled “The Practical
Gates Foundation, where
governors and began her
area counsel, Denver,
of the appellate law
Implications of Recusal of
she provides legal services
term in January as the
in the IRS office of chief
section of the National Bar
Supreme Court Justices:
to support college-ready
chair-elect for the Virginia
counsel. As AAC, Matthew
UVA Lawyer / FALL 2013 77
Class notes
…
oversees a group of at-
Sheryl Koval Garko has
health care fraud, civil
San Francisco, Calif., as
succession planning, and
torneys litigating cases in
joined Fish & Richardson
rights, housing discrimina-
associate in the commer-
general business and
tax court and advising the
in Boston, Mass., as of
tion, hate speech, and
cial and business litigation
corporate law. She is with
government on various
counsel in the IP litigation
immigration.
department. She has
Red Mountain Law Group
tax questions.
group, where she focuses
focused her practice on
in Birmingham.
her practice on patent,
Meghan M. Cloud has
business litigation and
trademark, copyright,
been named a Virginia
intellectual property
trade secret, and false
future star in benchmark
matters involving trade
advertising litigation. She
litigation for 2013 and a
secrets, real property,
was previously counsel at
rising star in Virginia Super
business torts and
Goodwin Procter.
Lawyers 2013 in civil litiga-
copyright and patent
tion defense and personal
infringement. She was
injury defense-products
previously with Fitzgerald
and utilities. She is counsel
Abbot & Beardsley.
with McGuireWoods in
Charlottesville.
Larae N. Idleman joined
Gavin White has joined
Obermayer Rebmann
Skadden, Arps, Slate,
Scott P. Horton served as
Maxwell & Hippel in
Michelle Levin was
Meagher & Flom as
co-chair of “Wines in the
Philadelphia, Pa., as
promoted to partner at
partner in the tax group in
Wild,” a fundraiser to
associate in the labor
Steptoe & Johnson in
New York City.
benefit the Buffalo Zoo’s
relations & employment
New York City, where
Adopt an Animal Program
law department. She
Andreas Stargard writes
she is a member of the
that took place in July. He
focuses her practice on
that “after some tumultu-
litigation department. Her
counseling management
ous times in the last
practice focuses on white-
in all aspects of labor
couple of years at Howrey
collar criminal defense,
Marcus D. Brown has been
organizes several major
relations and
(R.I.P.)” and a stint at Baker
regulatory enforcement
honored as a rising star by
fundraisers each year.
employment law.
Botts, he is with Paul
proceedings, and internal
Texas Monthly magazine.
Hastings in Brussels, where
investigations.
He is an associate with
sentation on “Employment
he is a partner in the
Winstead in Dallas, in the
Practices and Social Media”
antitrust/competition-law
Kevin Alden Maxwell
labor, employment & im-
at the New York State Bar
practice group. “Please
and his wife, Whitney,
migration practice group.
Association continuing
contact me and catch up,
welcomed their second
legal education seminar,
or better yet come
child, Finley Collins, in
and in September he
and visit.”
September. Finley joins
presented a talk entitled,
her brother, Tristan Alden.
“We’re Going to Court …
Kevin serves as assistant
What Happens Now?” at
general counsel for
the New York State Society
Mueller Water Products,
for Human Resource
Inc. in Atlanta, Ga.
Management Conference.
Jeffrey P. Kapp was named
2004
of counsel with Radler
2005
is a member of the Buffalo
Zoo’s ProZoo Board, which
In May he gave a pre-
White Parks & Alexander in
In May Sarah Baker
Portland, Ore., where he
became Dr. Jill Biden’s new
Horton is a partner in
focuses his practice on
policy director. She was
Jaeckle Fleischmann and
corporate law and real
previously the U.S. senior
Brooke Everley has been
Mugel’s labor & employ-
estate. Previously a partner
associate for the pro bono
recognized as a rising star
ment and e-discovery
with Robinson, Bradshaw
department and member
in Alabama Super Lawyers
& records management
& Hinson in Charlotte, N.C.,
of the white-collar criminal
2013 in estate planning &
practice groups.
he was recognized as a
defense and government
probate. Her practice
rising star in real estate law
investigations group at
includes estate and gift
in North Carolina Super
Hogan Lovells. While
Lawyers 2013.
there she worked on a
Ilse C. Scott has joined
administration and
range of issues, including
Michelman & Robinson in
probate, business
78 UVA Lawyer / FALL 2013
planning, estate and trust
Class notes
…
Class members participate
Rebekah Shapiro ’08 married Alexander
in special projects and
Gorelik on November 12, 2012, in
learn leadership skills
San Mateo, Calif. She is an attorney at Wild,
designed to provide the
Carey & Fife in San Francisco, specializing
Chi-Yu Liang has been
tools necessary for improv-
in professional liability defense. She is also
elected partner in the
ing their communities and
a contributing editor of the new Rutter
wealth-planning depart-
the state.
Group practice guide, Claims and Defenses,
which was written to assist in-house counsel
ment of Withers Bergman
in New York City. Her
Tiffany M. Graves is
and general practitioners preparing and
practice focuses on
executive director and
responding to California common law
personal tax and trusts
general counsel of the
causes of action. She conducted her first
and estates planning for
Mississippi Volunteer
trial, solo, in April 2012. Alex is a graduate of
high net worth individuals
Lawyers Project in Jackson.
the University of Chicago Booth School of
and families.
She began working
Business. The couple resides in Burlingame.
at MVLP as general
2006
counsel in October
2011 and assumed the
2007
duties of executive
Project has helped more
law; taxation, trusts and
than 7,000 girls in 299 rural
estates; and nonprofit
communities by teaching
organizations and
them skills that provide a
charitable giving. She was
livelihood and informing
previously with Akin
Kate Duvall has been
director in March 2013.
selected to receive the
MVLP provides legal
2013 Carol S. Fox Making
assistance to low-income
Nathan Cherry and
Melissa McWilliams
Cherry ’09 welcomed
Kids Count Award from
Mississippians through pro
their second son, Andrew
them about their rights to
Gump Strauss Hauer &
Voices for Virginia’s
bono attorneys.
Stafford Cherry, on July 23.
the land. The project helps
Feld in Washington, D.C.
The Cherry family is enjoy-
keep girls in school and
Children. An attorney
In January, Tiffany was
with the Legal Aid Justice
selected as one of the
ing Houston, Tex., where
reduces the number of
Elizabeth Leighton Stieglitz
Center’s JustChildren
top ten “Up-and-Coming”
Nathan is with Barclays’
children subject to traffick-
was born on July 29 in
Program in Charlottesville,
young attorneys by Portico
energy investment bank-
ing and child marriage.
Arlington, Va., to Albert B.
she represents children
Jackson magazine. In May,
ing group.
in the juvenile justice
she received two honors:
system, helping them with
the “Outstanding Woman
re-entry planning, access
to school, mental health
Grout is a land rights
Stieglitz, Jr. and his wife,
attorney with Landesa, a
Amanda. “Mom, Dad, and
Rebecca Clifford was
nonprofit in Seattle, Wash.,
sister Caroline are doing
Lawyer Award” from
named a Super Lawyers
that is working with the
great,” writes Albert.
the Mississippi Women
rising star for 2013. She is
government of India to
treatment, and other
Lawyers Association and
an associate and member
expand the project to
issues. She has also helped
the “Pro Bono Award”
of the litigation and intel-
reach 35,000 girls this year.
with successful lobbying
from the Capital Area Bar
lectual property practice
for positive changes in the
Association.
groups with Irell & Manella
Lisa M. Lorish has been
in Newport Beach, Calif.
named a rising star in busi-
juvenile justice system.
2008
ness litigation in Virginia
Nimer Sultany LL.M.
James Graves III was
graduated from the S.J.D.
Melany Grout was profiled
Super Lawyers 2013. She is
selected for member-
program at Harvard
in the August issue of O
an associate and member
ship in the 2013 class of
Law School, served as
magazine in a new feature
of the energy litigation
Leadership Mississippi,
a postdoctoral fellow
called, “Globe Trotter for
group with McGuireWoods
a program designed to
at State University New
Good.” The piece describes
expose Mississippi leaders
York Buffalo Law School,
Grout’s work for the past
Shannen L. Naegel has
she practices in the
to other communities,
and is now a lecturer in
two years with impover-
joined Belin McCormick in
business and securities
allowing them to create
public law at the School
ished girls in West Bengal,
Des Moines, Iowa, as a
litigation department.
the bond of fellowship and
of Oriental and African
India, where they have
shareholder in the
She focuses her practice
networking that extends
Studies at the University
been seen as burdens,
corporate group. She will
on commercial litigation,
beyond other Leadership
of London.
not contributors to their
focus her practice in
energy law, and financial
family. Since 2011 the Girls
corporate and commercial
services litigation.
Mississippi participants.
in Charlottesville, where
UVA Lawyer / FALL 2013 79
Class notes
…
School Justice Project: From Idea to Reality
Before entering Law School, Claire Blumenson ’11 joined
her ideas into reality. The Black Male Achievement Fellowship,
Teach for America and taught third and fourth grade at a
established by Echoing Green and Open Society Foundations,
high-performing charter school for boys in Brooklyn, New
is dedicated to improving the life outcomes of black men and
York. That experience made her keenly aware of the children
boys in the U.S. It provides seed funding ($70,000 per partner-
who fell behind, the ones who needed special help to get
ship over 18 months and a health care stipend) to promising
back on track and stay out of trouble.
social entrepreneurs in this field.
At Law School she concentrated her coursework on child
The fellowship has been life changing. It has enabled Claire
advocacy, juvenile justice, and education law. She worked
to co-found and launch a nonprofit legal services organiza-
with the Child Advocacy Clinic and set her focus on the link
tion called School Justice Project, www.schooljusticeproject.
between juvenile justice and access to education.
org, where she and co-founder Sarah Comeau serve as
Following graduation, a two-year Equal Justice Works
co-executive directors. SJP provides no-cost special education
fellowship sponsored by Greenberg Traurig in Washington,
legal representation to D.C. court-involved youth ages 17–22.
D.C., shaped Claire’s idea of the kind of lawyer she’d like to be.
These older students face a number of difficult challenges.
Through the fellowship she worked with the Juvenile Services
Many are sent to long-term detention facilities in far-flung
Program at the Public Defender Service for the District of
states—Arizona, Utah—making it difficult to address their
Columbia, providing post-disposition special education
educational plight. It becomes almost impossible for them
representation for those 18–21 year olds placed in D.C.’s
to get the credits required to graduate from high school. In
secure juvenile facility.
addition, older students receive inadequate special education
To Claire, this older student group experienced unique
facilities and few, if any, options upon their release. Claire
special education issues and had even greater need for legal
works one-on-one with her clients to find out exactly what
recourse. “The courts aren’t set up to help them,” Claire says.
they need, legally and practically. Even after finding the
“Court-appointed special education lawyers
are usually for younger students.
Those kids are the ones most people
think about in traditional special
them where they need to be, and they don’t have one. Often
simple, practical things like that can make a real difference.
In October SJP was awarded a partnership with Fair
education or juvenile justice reform
Chance, a D.C. nonprofit that assists community-based orga-
movements. There’s nothing warm
nizations in a number of important ways, including strategic
and fuzzy about a 20-year-old man
planning, fundraising, outreach, and communications. Such
in detention who needs legal help.”
These students, mostly black
males, fall through
a gap in the legal
support will enable SJP to build its capacity in D.C., eventually
expand into other states, and offer education rights training
for students, attorneys, probation officers, and judges.
“The past two years have been an unbelievable time in my
system, and Claire
life,” says Claire. “To see firsthand how direct legal work can
has set her sights
change individual lives and also change the system—I knew
on closing it.
all of this theoretically, but it’s an amazing experience to walk
This summer,
she won a fellowship that turned
80 UVA Lawyer / FALL 2013
right school, sometimes a Metro card is all it takes to get
with a client into a new school that’s right for him, where he
can thrive.”
—Rebecca Barns
Class notes
…
James Parker and his wife,
group. He was previously
teaches a seminar on the
foundation is named after
Charlottesville, where she
Katie, had their first daugh-
an associate with Butler
interpretation of statutes
his grandfather, who was a
concentrates her practice
ter, Aubrey Evangeline,
Pappas Weihmuller
and regulations.
pioneer in industrial ecol-
on personal injury and
in December 2012. Soon
Katz Craig.
ogy. Lanier was previously
products liability. She was
after her birth, James
with Sutherland, Asbill and
previously an assistant
moved to a new position
Jennifer Long Ligon has
Brennan, where he worked
commonwealth attorney.
as staff attorney at the U.S.
joined McCandlish Holton
with Atlanta-based non-
Sentencing Commission.
in Richmond, Va., as an
profits, including the Ray
associate in the health
C. Anderson Foundation.
2013
J. Ben Segarra has joined
care group, where she con-
Maynard Cooper & Gale
centrates her practice on
Sean Patrick Murray
as the senior maritime
transactional and regula-
handles felony and
associate in the Mobile,
tory matters for hospitals,
Chris Schoen recently
juvenile cases as a public
Ala., office.
long-term care providers,
joined Wyche as an associate
defender in Montezuma
and physician groups.
in Greenville, S.C., where
County, Colo. “Much of
She also advises clients
he focuses his practice on
the time my clients are
on corporate, employee
litigation. He previously
Navajo, Ute Mountain Ute,
Rishi M. Diwan has joined
benefits, and tax matters.
served as a law clerk to the
and Southern Ute native
Armstrong Teasdale in St.
Thomas M. Coatsworth has
She was previously with
Honorable C. Weston
Americans. It truly feels
Louis, Mo., as an associate
been promoted to counsel
Willkie Farr & Gallagher in
Houck, U.S. District Judge
like I’m fighting apartheid
in the financial and real
with BrownGreer, a claims
New York City. On October
in Charleston.
out here,” he writes.
estate services group. He
administration ser-
13, 2012, she married Chad
vices provider located in
Ligon in Gwynn, Va.
2009
Richmond. He helps lead
practices transactional law
Jonathan Wolfson’s wife,
Kendall Wolfson, a Double
2012
with a focus on real estate.
a team that is responsible
Jordan E. McKay has
’Hoo, published her
for complex data analysis
joined MichieHamlett in
first book this fall. Sweet
reporting for a significant
Charlottesville as an as-
Dreams UVA is a rhyming
Christine Ryu and George
Naya are pleased to an-
class action settlement.
sociate in the commercial
bedtime book for children
nounce their engagement.
litigation group. He was
based on Margaret Wise
The two met as 1Ls and will
Sarah E. Klapman is an
previously a special as-
Brown’s classic, Goodnight
return to Charlottesville
associate in the litigation
sistant to the U.S. Attorney
Moon (see In Print and
to wed next April. Both
department with Miller
for the Western District of
www.sweetdreamsuva.
currently reside in New
Patrick J. Mulligan has
& Martin in Atlanta, Ga.,
Virginia.
com). The Wolfson family
York City, where Christine is
joined Maynard Cooper &
lives in Richmond, where
an associate in the antitrust
Gale as an associate and
where she concentrates
her practice in business
Stephen Murphy
Jonathan is an associate
practice at Linklaters and
member of the labor and
litigation and white-collar
has joined the trusts
with McGuireWoods.
George is an associate in
employment practice
criminal defense. She
and estates group
the global securities group
group in Birmingham, Ala.
was previously a staff
at McGuireWoods in
at Milbank, Tweed, Hadley
attorney with the Federal
Charlottesville. His
Defender Program.
practice focuses on estate
2011
& McCloy.
planning, trust and estate
John A. Lanier is director
administration, real estate,
of the Ray C. Anderson
and business law. He is
Foundation, a not-for-
a lecturer in law at the
profit organization that
Dane M. Dunson has joined
Law School, where he
strives to create a more
Carlton Fields as an associ-
teaches trust and estate
sustainable world through
ate in West Palm Beach,
administration. He is also
the funding of innovative
Fla., where he practices in
an adjunct professor of law
projects that advance
Holly R. Vradenburgh
the business litigation and
at the Washington & Lee
sustainable production
has joined MichieHamlett
trade regulation practice
School of Law, where he
and consumption. The
as an associate in
2010
UVA Lawyer / FALL 2013 81
In Memoriam
Warren M. Ballard ‘36
Margaret Gordon Seiler ‘51
Wright Hugus, Jr. ‘59
Christopher D. Illick ‘64
Richard Chapman Fugate ‘75
Baltimore, Md.
Richmond, Va.
Fairfield, Conn.
Vero Beach, Fla.
Washington, D.C
July 18, 2013
July 6, 2013
June 20, 2013
May 28, 2013
July 10, 2013
John G. Rust ‘40
Nathan M. Weiss ‘52
Donal C. O’Brien, Jr. ‘59
Allen H. Stowe ‘64
Joe Stanley Ritenour ‘76
Toledo, Ohio
New York, N.Y.
New Canaan, Conn.
Vero Beach, Fla.
Leesburg, Va.
April 11, 2013
July 31, 2013
September 8, 2013
August 5, 2013
June 7, 2013
Cynthia S. Newman ‘44
Alton W. Whitehouse, Jr. ‘52
Henry E. Simpson ‘60
Joseph Ontra ‘65
Peter G. Ashman ‘77
Falls Church, Va.
Gates Mills, Ohio
Birmingham, Ala.
Houston, Tex.
Anchorage, Alaska
May 9, 2013
May 18, 2013
July 8, 2013
July 22, 2013
August 5, 2013
Tench P. Owens ‘47
George W. Perry ‘53
John H. Stennis ‘60
Russell P. Robertson, Jr. ‘65
Thomas R. Bartman ‘82
Clinton, S.C.
Chagrin Falls, Ohio
Jackson, Miss.
Lynchburg, Va.
Washington, D.C.
May 20, 2013
August 8, 2013
September 5, 2013
May 17, 2013
May 13, 2013
James M. Swiggart ‘47
R. Bruce MacWhorter ‘56
B. VanDenburg Hall ‘61
M. Brian Moroze ‘68
Barbara Bosma Garlock ‘87
Nashville, Tenn.
Williamsburg, Va.
Vienna, Va.
North Hampton, N.H.
Raleigh, N.C.
April 25, 2013
August 26, 2013
June 13, 2013
July 14, 2013
June 23, 2013
H. Selwyn Smith ‘49
William T. Boland, Jr. ‘57
R. Dennis McArver ‘61
Joell T. Turner ‘68
William W. Means ‘88
Manassas, Va.
New York, N.Y.
Vienna, Va.
Tucson, Ariz.
Tulsa, Okla.
August 24, 2013
September 6, 2013
September 14, 2013
September 12, 2013
December 3, 2012
Thomas H. Beddall, Jr. ‘50
W. Sydnor Settle ‘57
John L. Melnick ‘61
F. Keith Adkinson ‘69
Jack English Hightower ‘92
Paris, Va.
Palm Beach, Fla.
Arlington, Va.
Hartsville, Tenn.
Austin, Tex.
September 3, 2013
April 27, 2013
August 21, 2013
June 19, 2013
August 3, 2013
Edgar A. Jones, Jr. ‘50
Peter K. Leisure ‘58
Thomas Werth
David M. Malone ‘69
Randi Rimerman Serota ‘92
Pacific Palisades, Calif.
New York, N.Y.
Thagard, Jr. ‘61
McLean, Va.
Wynnewood, Pa.
May 10, 2013
September 17, 2013
Birmingham, Ala.
April 19, 2013
September 1, 2013
William T. Sellers ‘50
Edward A. Mearns, Jr. ‘58
Thomas C. Lederman ‘73
Alexander N. Lamme ‘00
Murfreesboro, Tenn.
Shaker Heights, Ohio
David P. L. Berry ‘62
Baltimore, Md.
Ashburn, Va.
July 9, 2013
August 1, 2013
Norfolk, Va.
June 22, 2013
April 11, 2013
Eugene L. Nuckols ‘51
Charles L. Saunders, Jr. ‘58
J. Boyd Page ‘73
Anthony W. Scott ‘06
Pulaski, Va.
Corrales, N. Mex.
Griffith F. Pitcher ‘63
Atlanta, Ga.
Midlothian, Va.
April 19, 2013
August 20, 2013
Smyrna, Ga.
June 17, 2013
March 13, 2013
July 3, 2013
April 22, 2013
April 23, 2013
82 UVA Lawyer / FALL 2013
In Print
NON FICTION
Antitrust and Healthcare: A
Comprehensive Guide
Saralisa Brau ’00, David Marx Jr., and Christine L. White
American Health Lawyers Association
This practical
guide is filled with
useful pointers for
minimizing antitrust
risk and planning
and executing solid
business strategies
in the health care
field. Antitrust and
Healthcare draws
on the authors’ collective experience in
government enforcement, private sector
counseling, and litigation.
Essential topics covered in the book
are: pre-merger notification and transaction planning, antitrust compliance
and “sensitivity programs,” the use of
emails and other electronic documents,
and antitrust safety zones, defenses, and
immunities.
Antitrust and Healthcare explains
how antitrust principles can be applied
to a wide variety of entities within the
health care industry, from not-for-profit
concerns to commercial insurance
companies and managed care facilities.
Chapter topics include monopolization,
premerger notification and transaction
planning, and the Robinson Patman
Act, among others.
Saralisa Brau is a deputy assistant
director with the health care division of
the Federal Trade Commission’s Bureau of
Competition. She leads investigations and
litigation that involves alleged violations of
the antitrust laws by health care providers
and pharmaceutical companies.
Petticoats and Pinstripes:
Portraits of Women in Wall
Street’s History
Sheri J. Caplan ’92
Praeger
Petticoats and Pinstripes presents a fascinating account of women’s contributions to
American finance from colonial to modern
times, and it is the first book to put those
contributions in historical perspective.
For a long time, women were virtually
shut out of the world of finance. In times
of crisis they successfully took on financial
roles, but they were dismissed when
conditions improved. Caplan describes the
financial accomplishments of women in the
context of cultural norms, the advancement
of women’s rights, and the evolution of
women’s status
in society and in
the workplace.
She highlights
the accomplishments of key
figures in biographical essays
featuring Abigail
Adams, Maggie
L. Walker, Hetty
Green, and
Abby Joseph
Cohen, to name
just a few.
This thoroughly researched account reveals the pluck of the early “she
merchants” who led the way into the
male-dominated world of Wall Street. A
“who’s who” section briefly explains the
significance of a number of women who
made important inroads in this field,
and another gives a chronology of key
events. “A great read for those interested in
business, history, women’s studies, and/or
money,” notes Library Journal.
Sheri Caplan is a security arbitrator
for the Financial Industry Regulatory
Authority (FINRA).
The Rise of the Naked Economy:
How to Benefit from the
Changing Workplace
Ryan Coonerty ’01 and Jeremy Neuner
Palgrave-Macmillan
How can you
achieve personal
and professional
success in an
economy that no
longer guarantees
lifetime employment? In The Rise
of the Naked
Economy, Ryan
Coonerty and
Jeremy Neuner explain how the rise
of non-traditional employment demands
new strategies, new infrastructure, and
a more flexible approach from workers,
employers, and their communities.
For those who are willing to look at
work and the workplace in new ways, there
are lots of exciting opportunities.
The authors interviewed people, companies, and policymakers who are leading
the way along a new path to prosperity. For
recent college graduates, employees who
have been recently laid off, and for others
who just seek new possibilities in the world
of work, this book will serve as an optimistic, inspirational, and sometimes downright
UVA Lawyer / FALL 2013 83
In print
…
humorous guide. Walter Isaacson, author
of the bestselling biography, Steve Jobs,
writes, “This provocative and fascinating
book is a valuable guide to navigating the
changes in the American workforce and
economy. Plus, it’s fun to read!”
Coonerty is co-founder and chief
strategist of NextSpace Coworking +
Innovation, which provides physical space
and virtual infrastructure for creative
collaboration among freelancers, entrepreneurs, and other professionals.
plant-based diet that is half fruits and vegetables, but the evident rewards are clear.
Recipes, meal plans, and exercise diagrams
are included, as well as swift debunking of
common diet myths.
Chris Crowley was a litigator and partner with a New York City law firm before
he retired to live, as he declares, “more than
one life.” See www.youngernextyear.com.
Thinner This
Year
Chris Crowley ’65 and
Jen Sacheck
Workman
In his latest book,
Chris Crowley,
the coauthor of
Younger Next Year,
clearly explains
a weight-loss plan that guides readers to
a healthier life. Based on the most up-todate nutritional science, Thinner This Year
explains how to eat and how to exercise,
with a plan that enables readers to lose up
to 25 pounds in the first six months and
keep it off.
In alternating chapters, Crowley and
Jen Sacheck, a nutritionist and exercise
physiologist from Tufts University, explain
how their program works. Thinner This Year
details the ingredients of a healthy diet and
the “dead foods” to steer clear of. There is
a useful explanation of the role of different
fats, the importance of protein, and how
excess weight can contribute to harmful
inflammation linked to chronic conditions.
Find out how and what to eat and how
to exercise, from the best aerobic workouts
to an excellent collection of 25 whole-body
strength exercises the authors call “the
sacred 25” that build muscle, protect joints,
and improve mobility.
Their prescriptions are demanding:
vigorous exercise six days a week and a
84 UVA Lawyer / FALL 2013
potentially the one that will create the most
new jobs.
U.S. securities law currently prohibits
crowdfunded equity investments, but the
passage of the JOBS Act in 2012 should
make this opportunity possible within the
next year, Frutkin explains.
When savvy business owners can
turn their customers into loyal owners and
promoters and use social networks to gain
market share, they will be able to tap into a
larger market than they ever imagined.
Jonathan Frutkin is the CEO of Cricca
Funding, LLC, a consulting firm that works
with locally owned businesses to take
advantage of equity crowdfunding.
A Father’s
Legacy:
The Life of
My Father,
G. Raye Jones
Lydia Jewell Jones
XLibris
Equity Crowdfunding:
Transforming Customers into
Loyal Owners
Jonathan Frutkin ’98
Cricca Funding, LLC
Having started a number of successful
businesses, Jonathan Frutkin knows a lot
about trends and pressures on entrepreneurs
and managers, what works and what doesn’t
when it comes to staying power. One of the
biggest threats to success is undercapitalization. Business owners need a new way to
raise money for their companies.
Crowdfunding is the effort of individuals to pool some of their money for a
common purpose. This book concentrates
on equity crowdfunding, in which a
number of individuals invest in a business
with the hope of future financial return.
The businesses likely to benefit most from
this new marketing opportunity are those
that generate between $1 and $10 million
annually—the fastest-growing category and
G. Raye Jones
’82 has written
many poems
through the
years, a number of which his daughter
collected for this book. The verses reveal
her father’s devotion to his faith, his family,
and his friends, which are and have always
been the foundation of his life.
A verse in one of the poems, “The
Preacher,” conveys in just a few lines his
dedication to his faith and work:
He is a preacher for the King of all Kings
All of his possessions are waiting in Heaven
He keeps his eyes on the plow,
his heart is set
He remembers his Father’s Words,
“Son, it isn’t sundown yet!
G. Raye Jones is an estate and tax
planning attorney in Charlottesville and
a pastor of Faith Baptist Church. He was
raised by his mother, Myrtle Clary Jones,
In print
…
in a tenant tobacco farmhouse without
plumbing in Rawlings, Virginia. He is a
double ’Hoo (B.A. ’79, J.D. ’82) and has an
LL.M. in taxation from Marshall Wythe
School of Law. Proceeds from the sale of A
Father’s Legacy help fund his mission projects, primarily in Kenya. He is currently
working on a second book of poetry.
about the history and characteristics of the
ingredients, this guide will literally give
mixologists fascinating bits for their next
cocktail conversation.
Jane Kurtz O’Hanlon left her Midwest
corporate law practice in 2012 to start her
own publishing company, evenSo Press.
This is her first book.
The Foreign Corrupt Practices Act:
Compliance, Investigations and
Enforcement
Robert J. Meyer ’85, Martin J. Weinstein, and
Jeffrey D. Clark
Law Journal Press
3 Ingredient Cocktails
Jane Kurtz ’92 (J.K. O’Hanlon)
evenSo Press
For anyone who ever wondered how to
mix the perfect cocktail, or ran out of
ideas for new ones, this book is all they
will need. The recipes in 3 Ingredient
Cocktails include a short and simple
list of ingredients and straightforward
instructions that will enable anyone to
make a great cocktail.
The author explains how to stock
a home bar without great expense. She
includes five cocktails based on each of
the main categories of hard liquor: gin,
vodka, rum, tequila, and whiskey. Recipes
and techniques for mixing and serving a
range of classic cocktails, some with a more
modern twist, including gin gimlet, the
kamikaze, loco coco, brave bull, and the
rusty nail are featured. Also included are
an intriguing group of “whatnots,” such as
port lemonade and the B-52.
Illustrated with color photographs
throughout, and full of interesting facts
The Foreign Corrupt Practices Act was
enforced sporadically for the first two
decades, but in recent years the U.S.
government has enforced it vigorously,
seeking high fines for corporations and jail
time for executives.
This volume covers all aspects of
the FCPA and explains the exacting
recordkeeping requirements, the steps for
compliance and mitigation of penalties,
and other important topics.
The book helps readers identify the
warning signs of foreign corrupt practices
and answers important questions about
when American companies and their officers and directors can be held responsible
for the practices of non-U.S. subsidiaries.
Other key points, including what exactly
constitutes “knowledge” and “corrupt
intent,” are dealt with here.
In a global economy it’s more difficult
all the time for corporations, officers, and
directors to know about improper actions
that occur far away.
The authors, who specialize in FCPA
cases, provide invaluable guidance for
almost any FCPA-related matter.
Robert J. Meyer is a partner with Willkie
Farr & Gallagher in Washington, D.C.
Products
Liability
Depositions
Terrance M. Miller ’72
and Robert P. Miller
Juris Publishing, Inc.
This revised
edition of
Products Liability
Depositions focuses on how to prepare for
and take depositions that will help build
a solid case. The book includes sample
depositions from past cases that illustrate
a range of techniques that can be used
to develop useful testimony. Practical,
timesaving tips will help readers prepare to
take depositions in product liability cases.
Products Liability Depositions offers an
easy-to-use source of information on legal
doctrines that apply to products liability
cases. One invaluable section describes the
substantive law that applies to products
cases from every state in the U.S., allowing
a quick check of which affirmative defenses
are available to a strict liability claim in
each state. This new edition includes a new
strategy for form 20B, dealing with the
deposition of an expert witness in a case involving a claim of manufacturing defects in
roofing materials on a high-rise condominium project.
Terrance Miller, a partner with
Porter, Wright, Morris & Arthur in
Columbus, Ohio, has 35 years’ experience
in trial and appellate practice involving
products liability cases.
UVA Lawyer / FALL 2013 85
In print
…
Spanish-English Dictionary of
Law and Business
Thomas L. West III ’90
Intermark Language Publications
Springboard: Launching Your
Personal Search for Success
G. Richard Shell ’81
Penguin
Many of us fall into the work we do, the
life we live, without a plan or a clear set
of goals. If you could follow your dream,
do you know what it would be? If the
idea of figuring that out intrigues you,
Springboard: Launching Your Personal
Search for Success will help you understand
how family, friends, and culture have
influenced how you judge success. Then
you will be able to pay attention to what
really matters to you, not what you think
you should want.
Shell draws on decades of research
and mentoring experience to give compelling examples of people who changed
directions or careers to do the things they
find most rewarding (a former student
of Shell’s left a business career to work
with inner-city high school students; a
well-off son of a CEO found fulfillment as a
policeman fighting drug lords). The author
offers a wealth of insights on happiness,
self-confidence, relationships, and careers
that can help readers, at any stage, be their
own judge of success and live life on their
own terms.
G. Richard Shell is the Thomas Gerrity
Professor of Legal Studies, Business Ethics,
and Management at the Wharton School
of Business. He teaches a course on the
meaning of success that was the basis for
writing this book.
86 UVA Lawyer / FALL 2013
The second edition of Spanish-English
Dictionary of Law and Business is a revised
and greatly expanded edition of the first.
It provides a handy reference to thousands
of terms and phrases used in law and business. No other Spanish-English Dictionary
includes complete coverage of legal
terminology used in all 20 Spanish-speaking
countries. It is the only source for translations of terms that are unique to countries
such as Colombia, Peru, and Venezuela.
Many entries include not only a definition but also information on the country of
use, the area of law, and even references to
specific articles of law. The author includes
detailed distinctions in defining words
that other dictionaries might view as more
generic. (The entry for deuda (debt), for
example,
includes 51
specific kinds
of debt.) Since
terms are not
always consistent from
one Spanishspeaking
country to
another,
synonyms are
often included
with country of origin. Carefully compiled
over the past 18 years, this dictionary
includes terms that are important in
understanding new laws in many Spanishspeaking jurisdictions.
The Spanish-English Dictionary of
Law and Business is an essential reference
work for all Spanish to English translators
who specialize in legal, business, and
financial text.
Thomas West is founder and president
of Intermark Language Services, a legal
and financial translation services company
based in Chattanooga, Tenn.
FICTION
The Forgotten
David Baldacci ’86
Grand Central Publishing
John Puller, the hero introduced in Zero
Day, is a U.S. Army Ranger, combat
veteran, and patriot. In short, he is a force
to be reckoned with. On a break from
his assignment as an agent of the Army’s
Criminal Investigation Division, he takes
a trip for some R&R to see his aunt in
Paradise, Florida.
He arrives to find her dead. The police
label her death an accidental drowning, but
Puller suspects it was murder; his aunt had
written him a letter recently with references
to strange things going on at night, saying
things weren’t at all what they seemed.
Paradise, with its white sand beaches
and manicured estates, at first glance
appears to be aptly named, but it also holds
something sinister, as Puller discovers. A
wealthy man named Peter Lampert runs
a global kidnapping operation from his
oceanfront mansion. The enslaved women
are forced into prostitution and the men
deal drugs or become laborers. Lampert
threatens all of them that if they try to escape their families back home will be killed.
They have no doubt that he would do it.
When Lampert feels threatened by
Puller’s investigation, he unleashes his private army to eliminate him. Among Puller’s
unlikely allies are Julie Carson, a brigadier
general who can hold her own in a life-ordeath fight, and Mecho, an escaped slave
In print
…
intent on revenge. In the midst of all the
danger, two characters reveal surprising
things about themselves.
David Baldacci and his wife, Michelle,
have started the Wish You Well Foundation
to promote literacy. Visit his Web site at
www.DavidBaldacci.com.
The Hit
David Baldacci ’86
Grand Central Publishing
Jessica Reel, one of the most skilled
assassins working for the U.S. government,
has gone rogue, and she’s training her
lethal skills on her former colleagues in
the agency. She has to be stopped, and the
order goes out
to bring her in
dead or alive.
Will Robie,
the agent who
has a reputation
for outsmarting
and outmaneuvering even the
most dangerous
enemies of the
government, is
put on the case.
“Only a killer can catch another killer,” he’s
told. As he goes after Reel, he finds out that
there are complicated reasons underlying
her rogue actions, and he’s determined
to understand her motives. There’s a
conspiracy out there, he discovers, that
threatens international relations in a way
nothing ever has before.
In a race to figure all of it out, Robie
encounters double-crosses, firebombs,
booby traps and ambushes. The challenge
before him will push him to the limit in
ways he never imagined.
“What makes The Hit live up to its
title is the payoff at the novel’s end,” says
The Washington Post. “By then, Baldacci
has planted an emotional hook that
remains long after readers have turned the
last page.”
Death Angel
Linda Fairstein ’72
Dutton
Master of urban intrigue Linda Fairstein
sets her latest thriller in New York’s Central
Park. After the body of a girl is found in
the lake below the Bethesda Terrace and
beneath the gaze of the winged statue of
an angel, Assistant District Attorney Alex
Cooper and detective Mike Chapman hunt
for clues to the killer.
They comb the woods, footpaths, dark
caves and lookouts in the park seeking
traces of the crime. They crisscross the
Ramble, the Ravine, and peer inside the
attic of the infamous Dakota building that
looms over the park, looking for some
trace of the crime. Then they learn that a
man with a tattoo that reads “Kill Coop”
has been harassing women in the park.
Cooper’s past casework could be the cause
of his threatening presence. When a second
woman is attacked, the investigation heats
up in a race to find the killer.
Through the eyes of her intrepid
characters, Fairstein explores Central Park,
both urban sanctuary and murder scene,
and delivers fascinating and little-known
details about the park’s hidden corners and
its history.
“Death Angel is a real page-turner
that not only illustrated Linda Fairstein’s
absolute command of her subject matter
but also her undeniable prowess as a
storyteller,” notes a review in the Hartford
Books Examiner.
The author is a legal expert on crimes
involving sexual assault and domestic
violence, having served for two decades
as chief of the sex crimes unit for the
Manhattan District Attorney’s office.
Buddy
M.A. Herlong ’84
Viking
Buddy is the
story of a boy,
a dog, and
Hurricane
Katrina. Tyrone
Elijah Roberts,
or Lil’T to
those who
know him, lives
in New Orleans. He says he wanted a dog
ever since the day after he was born, but
his father always had a practical reason
why he couldn’t. On the way to church one
morning, the family car hit a dog that lost
its leg from the injury. Lil’T made a plan
for how he could keep his three-legged
dog, named Buddy.
But then Hurricane Katrina heads for
New Orleans and everyone has to leave the
city. There’s not enough room for Buddy in
the car, and Lil’T’s father says Buddy will
be okay in the house for the two days they
will be away. In the wake of the storm’s
fury, those two days turn into nine months.
The awful flooding and destruction took a
terrible toll on the city and the people who
called it home.
Lil’T finds Buddy, but he’ll have to
make a difficult decision that was never
part of his plan at all. In the New York
Times Book Supplement, John Grogan,
author of Marley and Me, wrote, “What
makes Buddy memorable is not just the
tale of a boy’s fierce love for his dog, but its
harrowing portrayal of one of this nation’s
most traumatic natural disasters. From
start to finish, Buddy is a testament to the
UVA Lawyer / FALL 2013 87
In print
…
human capacity to endure, to find hope in
the sodden ruins of destroyed lives.”
Madaline Herlong lives in New
Orleans. This story came out of her experience as a New Orleanian when Hurricane
Katrina destroyed much of the city. This is
her second novel.
The author reveals the subtle and
sometimes not-so-subtle ways that
discrimination still plays out in American
corporate culture. The Partner Track deals
with a compelling question: How can
a smart, hardworking Asian-American
woman find her way to a successful career
while remaining true to herself?
Helen Wan is associate general counsel
at Time Inc. in New York City. This is her
first novel.
The Unreconciled
Eric Young ’96
Ambassador International
This breathtaking political thriller explores
the idea of a Christian holocaust on
American soil. Readers hold on for a whirlwind ride through time: It’s 2084, after the
Christian holocaust has taken place. The
Caliph reigns over America, English is a
dead language, and Christianity has been
eliminated.
A surviving Catholic Cardinal hires
an archeologist named Denisa Graceon
to track down a Christian relic that
somehow survived. Her search begins
at the University of Virginia, where
Thomas Jefferson’s dream of freedom and
democracy has turned into a nightmare of
oppression.
The Partner Track
Helen Wan ’98
St. Martin’s Press
Sweet Dreams UVA
Ingrid Yung is on the verge of being made
partner with Parsons Valentine & Hunt,
a prestigious law firm in New York City.
As a Chinese-American woman and child
of immigrant parents, she’s living the
American Dream. She has done everything
right, it appears, to get there—long hours,
talking with the right people in the
corporate dining room, earning her place
without help from the cigar and Scotchfueled old-boy network that exists behind
closed doors. She is, in fact, shown in the
firm’s recruiting brochure as a shining
example of diversity.
At Parsons Valentine’s summer outing,
an offensive performance threatens to
tarnish the image of the firm, and Ingrid
is forced to lead a diversity initiative to
improve public relations. The work takes
her focus away from an important deal that
was to clinch her being named partner, and
as her dream of success recedes, she finds
herself in the midst of a clash of race, class,
and sexual politics.
88 UVA Lawyer / FALL 2013
Kendall Wolfson
Mascot Books
This charming bedtime book based on
Margaret Wise Brown’s classic, Goodnight
Moon, takes little future ’Hoos and their
parents on a bedtime tour around the
Grounds of the University of Virginia with
CavMan and Marquis the Mouse. The
amusing rhymes and fun characters eventually lead them to a Lawn Room—just in
time to fall asleep.
The crisp, original full-color illustrations bring Mr. Jefferson’s University to life,
and little ones will soon become familiar
with the best-known and most beloved
landmarks on campus—the Lawn, the
Rotunda, and the Law School. Parents and
’Hoos of all ages will feel the tug of the
familiar with the turn of every page.
Kendall Wolfson, a double ’Hoo, and
her husband, Jonathan Wolfson ’10, share
familiarity with the rich traditions of UVA.
This is Kendall’s first book.
Graceon makes her way deep into
the Appalachian wilderness of Southwest
Virginia, where she discovers the last
American Christians, “the Unreconciled.”
They live a rugged life out of sight of the
Caliph, who is sure to annihilate them
if he discovers where they are. Graceon,
whose exposure to these Christians and
their beliefs has had a profound effect on
her, is born again. She falls in love with the
guardian of the very relic she was entrusted
to find, and realizes that she may be the
only one who can save the Unreconciled.
Eric Young lives with his family in
rural Virginia.
Letter to the editor
Dear Editor:
T
he article “Reimagining UVA” in the Spring 2013 issue began with the observation that
Thomas Jefferson “created a model for secular public higher education that has become
the envy of the world,’’ and ended with unresolved questions about the type of “imagination
and courage” it will take to “re-launch UVA on the eve of its bicentennial in 2019.” Is UVA
still the “envy of the world?” Will it be tomorrow or in ten years? Is the “public” aspect still
important? What do recent developments suggest?
UVA was born from the fundamental belief that outstanding, accessible public
education benefits society as a whole. For many, many years, the University has worked
hard to be both outstanding and accessible.
In 2012, the Board of Visitors received reports indicating problems with core student
competency in key areas. The BOV also noticed that UVA was falling behind peer
institutions in basic technologies such as online learning programs. This prompted a
stepped-up effort to develop a strategic plan to enable the University to deliver academic
excellence in a rapidly changing technological world. That effort should be applauded, but
the strategic plan has yet to be delivered.
In the meantime, the BOV and President Teresa Sullivan recently announced that the
Access-UVA financial assistance program is undergoing significant changes that will have
a profound and immediate negative impact on the ability of the poorest potential students
to enroll.
So while much has been written and said about matters of faculty pay, communication
procedures, academic performance, and—of course—last year’s drama between the BOV
and President Sullivan, an entirely regressive reform to save money was rammed through
with a truncated cost/benefit analysis and very little public debate. Is this UVA’s first step in
the “re-launch?” Is this “reimagining?”
Former Rector Helen Dragas, one of two BOV members who voted against the change
to Access-UVA, expressed concerns because it will undoubtedly make the burden of
attending too great for the poorest potential students, in contravention of Thomas Jefferson’s
vision for a great public institution.
It was a mistake to enact the Access-UVA change isolated from the anticipated
strategic plan that is in development. Instead, the University needs to devise, announce
and implement a comprehensive, forward-thinking strategic plan that will ensure both
academic excellence and the widest possible public access. Anything less threatens the long
term health of our beloved institution and the public it serves.
Very truly yours,
Kevin E. Martingayle ’91
UVA Lawyer / FALL 2013 89
Opinion
Rethinking Success at Law Schools
By G. Richard Shell ‘81
s a Wharton faculty member with a UVA Law degree, the business
of legal education is a fascinating study. The financial meltdown
and recession changed entry-level hiring practices. Demand at
the high end of the market remains strong, but legal employers
in general have right-sized and are not expected to expand hiring
anytime soon. The Wall Street Journal reported in 2012 that roughly
half of recent law school graduates now take jobs that do not require
law degrees. Applications to law school are down. Lower-tier schools
are scrambling to avoid a coming “shakeout.” The third year is once
again under threat. Most fundamentally, the economics of the
modern legal education model—which assumes on-the-job training
in the nuts and bolts of legal practice and clients willing to subsidize
it by paying high fees for inexperienced associates—is crumbling.
In response, some top schools are experimenting with new value
propositions. Virginia has an impressive Law & Business Program.
At Penn, law students are taking classes in business school subjects
such as leadership, marketing, and management. Penn Law has also
partnered with the Wharton School of Business to create an intensive, accelerated JD/MBA that gets students out the door with both
law and business degrees in three years. In short, law schools are
increasingly asking students to think about futures with JDs, not
simply as JDs.
But as law schools transform themselves into places where smart
people can go to learn “Law and ____ (fill in the blank with your
favorite non-legal career),” they also need to help their students rethink what it means to have a “successful” career. In the good old
days, law schools produced lawyers and success was measured in
clerkships, law firm partners, corporate general counsel, judges, and
U.S. Attorneys. With law schools now trumpeting the generalized
value of legal training for many diverse careers, they are in a position to help both students and alumni think creatively about what a
meaningful career actually looks like these days. Law school graduates of the future (and even a fair number right now) can expect
to transition through two or even three distinct occupations during
their working lives. If law schools are to help students “begin with
the end in mind” (in Stephen Covey’s famous phrase), they have
some work to do.
At Wharton, as part of a redesign of the MBA program, we have
launched several career initiatives that might be transferable to law
90 UVA Lawyer / FALL 2013
schools. First, we offer one-on-one leadership effectiveness coaching to every MBA—with a personalized coaching relationship that
includes multiple sessions over two years. Second, we recently established what students call the “P3” initiative: Purpose, Passion, and
Principles. It is a collaboration between the coaching program and
the career management office under which MBA students gather for
eight consecutive weeks in small groups to work through a set of
exercises and readings that challenge them to examine their longterm goals by creating their own definitions of the word “success.”
This exercise forces them to see their futures not as their first job
but as combinations of priorities related to family, career, happiness,
and meaningful work. Facilitated by other students who have previously gone through the program, the participants engage in honest
dialogue to help one another envision their futures by talking about
their pasts, their passions, and their values.
More and more lawyers are being compelled to chart their
careers from an “inside” perspective of talents, aptitudes, and values
rather than the traditional, status-based, I-am-a-lawyer foundation.
I believe law schools can provide significant value by showing
students not just how to “think like a lawyer,” but also how to “think
like an entrepreneur” about managing their futures. If the seeds are
planted early, students may visualize life goals that go far beyond
images of corner offices and courtrooms.
As alumni, we know that the conceptual rigors of legal training
prepared us to excel as leaders in fields that have little or no relationship to law. Let’s share this secret with the current generation
of students and encourage law schools to promote personal and
professional growth in their educational programs. For the leading
law schools, and perhaps especially for Virginia students, that is the
lifetime value proposition.
G. Richard Shell is the Thomas Gerrity Professor of Legal Studies,
Business Ethics, and Management at the Wharton School of Business.
He is the creator of Wharton’s popular “Success Course” and his latest
book (based on that course) is Springboard: Launching Your Personal
Search for Success (Penguin/Portfolio 2013). (See In Print.) An expert
on negotiation and influence, he recently led the school-wide effort to
redesign the Wharton MBA program and curriculum.
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