THE UNIVERSITY OF VIRGINIA SCHOOL OF LAW
SPRING 2013
Reimagining UVA
“I know no safe depository of the ultimate powers of the society, but the people themselves: and if
we think them not enlightened enough to exercise their controul with a wholsome discretion, the
remedy is, not to take it from them, but to inform their discretion by education. This is the true
corrective of abuses of constitutional power.” —THOMAS JEFFERSON
UPCOMING ALUMNI EVENTS
June 14
Tokyo Dinner
Home of T.J. Della Pietra ‘85
October 2
NYC Alumni Reception
Midtown Executive Club
June 15
Virginia State Bar Alumni Breakfast
Cavalier Hotel, Virginia Beach
October 10
Raleigh/Durham, N.C. Luncheon
Sheraton Imperial Hotel & Convention Center
June 18
Beijing Reception
Renaissance Beijing Chaoyang Hotel
October 10
Charlotte, N.C. Reception
The Duke Mansion
June 21
Shanghai Reception
JW Marriott Hotel Shanghai at
Tomorrow Square
October 28
Virginia Admissions to the Bar Breakfast
Greater Richmond Convention Center
November 19
June 26
Hong Kong Reception
JW Marriott Hotel Hong Kong
San Francisco Luncheon
The Olympic Club
November 20
June 27
Florida State Bar Alumni Reception
Boca Raton Resort & Club
San Diego Reception
La Jolla Country Club
December 4
August 23
Lavender Law Conference Alumni
Reception
San Francisco, CA
Washington, D.C. Reception
The Metropolitan Club
September 11
Boston Reception
Omni Parker House
September 18
Classes of 2000–2013 Reception
W Hotel, Studio 1
FOR LATEST ON ALUMNI EVENTS: www.law.virginia.edu/alumni
FROM THE DEAN PAUL G. MAHONEY
…
A Town of Its Own
C
harles de Gaulle famously questioned whether one could govern
a nation that has 246 different kinds of cheese. One might ask an
analogous question about a modern university. As Harvard General
Counsel Robert Iuliano ’86 says in these pages, a university is essentially
a town of its own, with residences and office buildings, food service,
entertainment, a hospital, a police force, and thousands of employees.
Like a town and unlike a business, it does not have a single, measurable
bottom-line objective. Instead, it has students who wish to acquire
skills, knowledge, and judgment, to build social and professional
networks, to find satisfying employment, and to have fun. It has faculty
who aim to create new knowledge even as they convey existing knowledge to their students. University
administrators attempt to coordinate these disparate activities, manage crises, uphold the institution’s
values and reputation, and of course see to it that the university lives within its means.
This is an enormously difficult task. At a public university it is all the more challenging because of
political oversight, both directly and through governing boards. In this issue, we get the perspectives
of alumni, faculty, and friends of the Law School who are experts in the business of higher education.
They provide thoughtful insights into the foundational question of how a public university should be
governed. I think you will find it immensely interesting reading.
Early this year, Secretary of Defense Leon Panetta, after consultation with the Joint Chiefs of Staff,
announced the elimination of the military’s rules excluding women from assignment to ground combat
units. No one was more pleased than the members of the Molly Pitcher Project, a group of UVA Law
students, a faculty member, and an alumna. They advised a team of lawyers that had filed a federal
discrimination suit challenging the ban and worked to build public support for their position. After
Secretary Panetta’s announcement, Professor Anne Coughlin, the Project’s leader, met with military
leaders to discuss the implementation of the new policy. This issue provides a timely look at this
sometimes heated policy debate.
We also provide an update on the Law School’s initiatives in business law. We are proud to announce the naming of the John W. Glynn, Jr. Law & Business Program. The Program has gone from
strength to strength since its creation in 2002, and John has been a champion and supporter throughout.
John’s advice and presence in the classroom have been invaluable in maintaining Virginia’s status as a
leader in business law.
Rather than rest on its laurels, the Law School continues to innovate in business law education.
Dick Crawford ’74, who has a Virginia B.A., J.D., and MBA, discusses Rivanna Investments, through
which a group of students receive training in money management and then, under Dick’s careful
supervision, manage a modest slice of the Law School’s endowment.
It has been an exciting year at the Law School. I hope you will enjoy reading about some of the
people and events who have made it so.
DEPARTMENTS
FEATURE STORY
1
20
FROM THE DEAN
REIMAGINING UVA
A Town of Its Own
4
LAW SCHOOL NEWS
33
FACULTY NEWS
& BRIEFS
45
CLASS NOTES
65
IN MEMORIAM
66
LETTER TO THE EDITOR
67
IN PRINT
71
OPINION
Save the World with
Collaborative Leadership
SPRING 2013 VOL. 37, NO. 1 |
EDITOR CULLEN COUCH
ASSOCIATE EDITOR DENISE FORSTER
CONTRIBUTING WRITER REBECCA BARNS
DESIGN ROSEBERRIES
PHOTOGRAPHY TOM COGILL, CULLEN COUCH, AND MARY WOOD
LAW SCHOOL NEWS
WOMEN IN COMBAT | Brian McNeill
After Challenging Military Ban on
Women in Combat, Molly Pitcher
Project’s Dreams Are Realized
U.S.
Army 1st Lt. Ashley White, 24,
was killed by an improvised
explosive device in Afghanistan in October
2011 while serving as a part of a team attached to a special operations unit. Though
the military officially banned women from
serving in combat positions, servicewomen
like White were often attached to units that
saw deadly combat in Iraq and Afghanistan.
Army Reserve Command Sgt. Maj.
Jane P. Baldwin had tried out at Fort Bragg
along with White to serve on the same kind
of cultural support team. When Baldwin
heard her friend had been killed in combat
alongside two Army Rangers, it fueled her
growing belief that the military ban on
women in combat was both wrong and
indefensible.
“I just got really fired up,” said Baldwin,
who now lives in Tallahassee, Fla. “Here
Ashley was, working with the Rangers,
breaking the combat exclusion policy rules—
[the Army] had to get an exception-to-policy
memo to do the job they were doing. And
here she is, dying doing that job.”
Baldwin, who had been writing a research paper for the Army Sergeants Major
Academy about women in combat, came
across an article about the policy that mentioned White.
“I ended up writing the author, saying
I really liked your article,” Baldwin said.
“And she referred me to [Professor] Anne
Coughlin at the University of Virginia
Law School.”
4 UVA LAWYER / SPRING 2013
Coughlin and four students had formed
a group that was studying the combat
exclusion policy and was beginning to
lay the groundwork for a possible federal
lawsuit challenging the rule as unlawful
Sgt. Major Jane P. Baldwin
discrimination. The group was calling
itself the Molly Pitcher Project, after the
folk tale—based on real accounts—of a
woman in the Revolutionary War who took
her husband’s place in firing a cannon on
British forces.
Soon after, Baldwin became one of two
plaintiffs in the lawsuit, which was filed
in May 2012. It alleged that the Defense
Department and U.S. Army were violating
the law and infringing upon the constitutional rights of military servicewomen
by excluding them from certain ground
combat units and other positions solely on
the basis of their gender.
The lawsuit argued that the combat
exclusion policy harmed the careers of military servicewomen like Baldwin, who was
not allowed to apply to a number of jobs,
even though she was otherwise qualified.
And some female servicewomen who were
serving in combat positions despite the
policy—like White—were being wounded
or killed, yet were denied official recognition for their work.
“There’s no reason why women shouldn’t
have the opportunity to serve in combat,”
Baldwin said. “There was nothing logical,
no evidence, backing up [the policy].”
On Jan. 24, then-Secretary of Defense
Leon Panetta announced that he was lifting
the longstanding direct ground combat exclusion rule for female service members and
eliminating all unnecessary gender-based
barriers to service, following the unanimous
recommendation of the Joint Chiefs of Staff.
The move, he said, would ensure that
the best qualified and most capable service members, regardless of their gender,
were allowed to carry out the mission. It
would open up roughly 237,000 positions
to women, 184,000 in combat arms professions and 53,000 assignments that were
closed based on unit type.
The Molly Pitcher Project and the
lawsuit it helped initiate may have offered
the critical tipping point that led to the
military’s overturning of the combat exclusion policy, one law student involved in the
project said.
“So much work had already been done
on the issue, so many women had been
in combat [and] died in combat. The lawsuit was maybe the straw that broke the
camel’s back,” said third-year law student
Helen O’Beirne.
LAW SCHOOL NEWS
…
‘WE ARE GOING TO FILE
A LAWSUIT’
Coughlin, who has written a number of
articles exploring the intersections among
criminal law, criminal procedure and feminist
theory, had been teaching about the combat
exclusion policy since the early 1990s.
“Students [often] have the impression
that they’re living in a world that is sexblind,” she said. “One of the points that
you always bring to their attention are the
spaces where the government or the culture
continues to discriminate. And the combat
exclusion policy and the draft are key
examples of that. You have the federal government treating males and females quite
differently for purposes of a very important
societal obligation and opportunity.”
In the spring of 2011, Coughlin brought
up the combat exclusion policy in her Law
and Public Service course as part of a class
project on impact litigation, designed to
teach students how to plan and execute
a legal movement to bring about social
change. The idea, she said, was to get the
first-year law students thinking about a
real-world problem that might be tackled by
impact litigation lawyers, and then explore
the idea of a lawsuit.
“What would the case look like?” she
asked the students. “What would the doctrinal basis be for the case? Who would the
plaintiffs be? Who would the defendants be?
What would the best arguments be? What
would we anticipate the other side would
say? Is this a wise case to bring, strategically? Are we going to do more harm than
good? Are there clients out in the real world
who are suffering an injury?”
In the days leading up to the class discussion, law student Ariel Linet decided to
pick the brain of a friend who wasn’t in her
class, Kyle Mallinak.
Professor Anne Coughlin at the Women in Combat:
The Way Forward Symposium in Washington, D.C.,
February 2013
“I told him, I’m not trying to mooch off
of you, but I’d love to hear any thoughts you
have or any resources you might suggest to
get some background,” Linet said. “And so
Kyle wrote back this explosion of thoughts.
He picked it up and ran with it.”
Mallinak sat in on the next class.
And afterwards, Coughlin and the students—Mallinak, Linet, O’Beirne and their
classmate Rebecca Cohn—continued to
discuss the topic.
“Kyle, Becca, Helen, and I were all in the
same 1L section,” Linet said. “So we were all
friends.”
For Linet, the idea that the military was
banning women from even trying out for
combat positions was deeply offensive.
“I was just fundamentally insulted as
UVA LAWYER / SPRING 2013 5
LAW SCHOOL NEWS
…
a woman,” she said. “It’s not that
I wanted to go out and fight in
combat. In fact, I consider myself
something of a pacifist. But
nobody, least of all the government, should be telling women
you can’t do something simply
because of your sex, regardless of
how qualified you might be.”
It was an issue of simple fairness, Linet said.
“We don’t want the standards
to be lowered so that more women
can qualify,” she said. “And if the
standards are fair and genderneutral and no women can
qualify—which we don’t think
would be the case—we wouldn’t
object to that. The point is that
everybody who wants to serve in combat
has a shot, regardless of gender.”
The four students realized that their discussion could serve as the groundwork for
a lawsuit challenging the combat exclusion
policy.
“We started pushing the professor a
little bit, saying, ‘You know what? We think
there’s more than a hypothetical case here.
We think there’s actually something to be
done,’” Mallinak said.
The students obtained permission from
the Law School to form a course, led by
Coughlin, that would focus on developing
a framework for a lawsuit.
“The students said to me, ‘Let’s bring a
lawsuit.’ I said ‘No, I can’t bring a lawsuit, I
have to teach academic courses,’” Coughlin
said. “They said, ‘Let’s start a clinic.’ I said
‘No, I can’t start a clinic just for this one
case. Clinics don’t work that way.’ So finally
they said, ‘What can we do?’ I said, ‘What
you could do is form your own little course
that would focus on the combat exclusion
policy.’ They came back and said, ‘That’s
what we want to do.’”
On the first day of the course, Coughlin
told the four students that this was their
class. What was their agenda?
“And they said, ‘We are going to file a
lawsuit.’”
6 UVA LAWYER / SPRING 2013
LAYING THE GROUNDWORK
From the spring of 2011 and into the fall,
the group—which had dubbed itself the
Molly Pitcher Project—researched the law,
studied the relevant cases at the Supreme
Court and lower courts, and began reaching
out to stakeholders and building the factual
foundation of a potential lawsuit.
They interviewed military veterans
enrolled at UVA Law, as well as students in
UVA’s ROTC program and a JROTC program in Orange County, Va. They invited
UVA law professor Deborah Hellman to
speak to them about equal protection issues.
Professor Richard Balnave, who leads the
Law School’s clinics program, instructed
them on what they could and could not do,
as none of the students held bar licenses.
And they began to connect with
women who had been deployed in Iraq and
Afghanistan who had taken the cuttingedge roles the conflict had opened to them.
“We were looking up and down the
chain,” Mallinak said. “We saw a world
where women were making advances, were
taking on increased roles that brought them
closer and closer to combat roles, but the
official recognition of that fact was lacking.
“There was a gap between what the
women were doing and what the military
Army Col. Ellen Haring at the Women in Combat
Symposium
was acknowledging they were doing,” he
added. “And there was an even bigger
gap—a huge gap—between what women
were actually doing and what the public
understood they were doing.”
By October, the Molly Pitchers had
realized they were at the point where they
needed the help of a lawyer willing to work
pro bono.
Mallinak reached out to Tally Parham ’96,
a former F-16 fighter pilot who flew combat
missions in Iraq. Parham, a lawyer with
the law firm Wyche in South Carolina, had
also authored an article about the combat
exclusion policy and spoken at an academic
conference on the topic.
“I emailed her out of the blue and said
we’ve got this thing, we think you’d be great,
you have a personal connection, you know
the issue,” Mallinak said. “She came back
and said she was willing to take on a role,
at least as far as providing an official umbrella for us to work under and possibly as
a source [to whom] we could refer people
who we thought had a strong interest and
the potential to be plaintiffs down the road.”
In November, the Molly Pitcher Project
began to attract the public’s notice and
LAW SCHOOL NEWS
…
“If you can’t serve in those combat specialties, you
are almost entirely excluded from the senior ranks in
the military.”
began to hear from a number of female
servicewomen. Articles about their work
appeared in local and state media, as well as
in the Army Times.
Army Col. Ellen Haring of Bristow, Va.,
a strategic planner who had served 28 years
in the military, came across that particular
article.
“My husband read an article in the
Army Times talking about the Molly Pitcher
Project,” she said. “I decided to try to find
Anne Coughlin, so I wrote to the author of the
article who put me in touch with her. Initially,
we just talked back and forth. She was just
very excited to begin to hear from women
who were interested in pursuing this through
legal options. And I was one of them.”
Haring, who became a plaintiff in the
lawsuit, said her career has been held back
The Molly Pitcher Project: (from left) Helen
O’Beirne, Law Professor Anne Coughlin, Ariel Linet,
Rebecca Cohn, and Kyle Mallinak.
because she has been excluded from the
elite training and jobs in the military.
“In recent years it’s become very obvious,” she said. “If you can’t serve in those
combat specialties, you are almost entirely
excluded from the senior ranks in the military. Eighty percent of our senior leaders
come out of the combat arms from which
women are excluded. So it was a structural
barrier to women’s advancement.”
Without combat experience, Haring
said, her career had seemingly hit a ceiling.
“Up to the rank of colonel, it’s pretty
fairly even. It’s beyond colonel [where the
effects of the policy can be seen],” she said.
“Generals and admirals are pulled from
those critical specialties, those combat
specialties. And so that means that the most
senior leaders in our armed services, who
make all the policy decisions, are almost
all men.”
The Molly Pitcher Project, she said,
came along at the right time.
“There were all these women in the military who didn’t like this policy, but we didn’t
know how to go about challenging it. So [the
Molly Pitcher Project’s] efforts came along at
the end of 10 years of conflict where women
had been doing things that we’d never been
allowed to do before,” she said. “So I think it
all came together. It was a tipping point.”
‘SHOCK AND DISBELIEF’
Over the winter break, the law firm Covington & Burling agreed to take on the case on
a pro bono basis and file a federal lawsuit
challenging the combat exclusion policy,
with Baldwin and Haring as the plaintiffs.
“We couldn’t have had better lawyers
than the team at Covington,” Linet said.
“We came out of nowhere and got the best
lawyers money could buy for no money at
all. We’re just so lucky to have all the people
who came together on this. “
The lawsuit was filed in May 2012. It
sought a declaratory judgment that the
Defense Department and Army combat
exclusion policies were illegal and unconstitutional because they violated the plaintiffs’
right to equal protection under the Fifth
UVA LAWYER / SPRING 2013 7
LAW SCHOOL NEWS
…
“And you know what? If I see an injustice in the world, I
might be able to do something to fix it, whether it’s
something small or something big—like suing the Pentagon.”
Amendment, and because they violated
the Administrative Procedure Act. It also
sought a permanent injunction against any
further enforcement of the military’s combat
exclusion policies and a mandate requiring
the military to make all assignments and
training decisions without regard to sex.
O’Beirne said she reacted to Panetta’s
announcement with “shock and disbelief.”
“It’s one of those things where you’ll
always remember where you were,” she said.
“I was sitting in a recliner, watching my
baby sleep, which was unfortunate because
I wanted to scream out and jump up and
down, but I had to stay quiet. I did get a lot
of goose bumps. It still, to a degree, feels so
surreal. We thought it was going to take so
long, that it was going to take years.”
Linet called it “absolutely the best-case
scenario,” as an order from Panetta would
likely carry more institutional legitimacy in
the military than an order from a judge.
“A federal judge telling the military that
they have to do something is not likely to
be particularly popular. It may be incontrovertible, but it’s not necessarily going to
have a lot of support within the military,”
she said. “It’s a whole different ball game
when you have the Joint Chiefs of Staff
unanimously recommending to the secretary of defense and the secretary accepts
that recommendation and says our military
will be stronger when combat positions are
open to women.”
Following Panetta’s move, the judge
issued a show cause order instructing the
Molly Pitcher Project’s side to explain why
the case shouldn’t be dismissed in light of
the policy change.
The government and Covington agreed
that they wanted to stay the case until after a
mid-May deadline for the military branches
to explain how they would implement the
8 UVA LAWYER / SPRING 2013
decision to remove unnecessary genderbased barriers to military jobs.
Baldwin said she believes the lawsuit
initiated by the Molly Pitcher Project, as
well as a similar suit filed in 2012 by the
ACLU, for which the Molly Pitcher team
consulted, played a key role in prompting
the policy’s removal.
“On the Department of Defense side,
their attorneys had to look at what our complaint was and their attorneys probably let
[the senior military leadership] know that
you’re probably going to lose,” she said.
“Because of [the Molly Pitcher Project’s]
efforts pushing this forward,” she added, “it
made the people in the position make this
decision to say, ‘We can either go ahead
and make this decision or we can wait for
the courts to make it for us.’ And they chose
the path to make the decision, which I think
was the smart one.”
‘AGENTS OF CHANGE’
The four law students, all of whom will
graduate this spring, are “agents of change,”
Coughlin said, not only for initiating a
complicated, important lawsuit challenging
a national issue, but for actually managing
to succeed.
“They now know, from the beginning
of their career, that they can make a difference,” she said. “They were first-year law
students. Kyle wasn’t even in the class! They
must be graduating knowing, ‘Yep, I can
do this lawyering thing, and I can do it at
a really high level. And you know what? If
I see an injustice in the world, I might be
able to do something to fix it, whether it’s
something small or something big—like
suing the Pentagon.’”
On a practical level, Coughlin added,
the students learned what it takes
to file a real lawsuit.
“Not only do they know how to
read cases, analyze doctrine, write
legal memoranda, they know how
to pick up the phone and walk out
the door to meet people and interview people,” she said. “They know how
to develop and ask the right kinds of questions to elicit the information that they need
to develop a cause of action. They’ve been
thoughtful about ethical questions. They’ve
been thoughtful about strategy questions.
This project required them to develop a case
from scratch.”
Mallinak said the experience demonstrated the importance of a “full-court
press” to cause social change, noting that
the policy was lifted after the combined
efforts of the Molly Pitcher Project, the
ACLU, and a number of advocacy groups
like the Service Women’s Action Network.
“I came away with a real conviction that
the best way for us, as lawyers, to create
change is when we can work in conjunction
with broader forces for social change and
pursue an all-means-possible approach to
improving people’s lives,” he said.
It also underscored his respect for military servicewomen.
“I really got a deep and abiding appreciation for what these women had been able
to accomplish by themselves, just by dint
of going out there and doing their jobs in
an atmosphere where a lot of people were
skeptical of their abilities,” he said.
As for Baldwin, she is looking forward to
seeing what jobs the Army is going to open
up to women—and she intends to apply.
“I’m purposely going to go after any
combat arms position that I can possibly
apply for, just because I can now,” she said.
“Doesn’t mean anybody’s going to hire me,
and I understand that, but I’m going to do it
just because I have the opportunity to apply
for them now. All I can do is keep knocking
on doors and eventually, if you knock on
enough, someone says yes.”
Find related video online at bit.ly/fighttofight.
LAW SCHOOL NEWS
…
10 YEARS OF SUCCESS | Brian McNeill
Law & Business
Program Named
in Honor of
Venture Capitalist
John Glynn ’65
T
oday Ravi Agarwal ’09 works in the
mergers and acquisitions group at
the law firm Simpson Thacher in New
York City, but he had little exposure to the
economic and business principles he would
need to excel in his job until he participated
in a unique program at the University of
Virginia School of Law.
Agarwal credits the courses he took in the
Law School’s newly named John W. Glynn, Jr.
Law & Business Program with helping him
better understand how to solve problems
facing his clients in the corporate world.
A double major in biology and political
science, Agarwal did not have formal exposure
to economics, finance, or business in college.
“Other than my work in a neuroscience
lab and a few pre-med classes, my coursework was not about true problem-solving,”
Agarwal said. “After going through UVA
Law and the Law & Business Program, I
[gained] a new mindset about how problems should be approached and thought
about—particularly that we often should
assess rules and business relationships in
terms of economic efficiency.”
Launched at UVA Law in 2002 to offer
students experience in business concepts,
the program has been named in honor of
John W. Glynn, a 1965 alumnus of UVA
Law and the founder of Glynn Capital
Management, a Silicon Valley venture capital firm that was an early investor in Intel
Corp., as well as Facebook and LinkedIn.
“I saw the Law & Business Program as
a great avenue to expand the horizons for
our students and to give them some tools
John W. Glynn, Jr. ’65
that would help them in working with
their clients in their legal practice, but also
an appreciation for [how] business people
think and how they address the complex
problems and issues that they’re constantly
facing,” Glynn said.
The program, which is not a track or
separate degree program, integrates business and legal analysis in the law school
classroom, and is designed to teach students
the skills needed to understand and better
serve corporate clients. It includes courses
on the basics of accounting and finance,
enhanced versions of core business law
courses, and a number of intensive short
courses taught by senior counsel and executive officers who are leaders in their field.
“I was attracted to the Law & Business
Program because it’s a chance to expose
our students to topics and, more importantly, to the people teaching those courses,
who could inspire them and add to their
knowledge and passion to pursue their own
dreams,” Glynn said.
Glynn recently endowed the
program with a major gift that
will help make permanent the Law
School’s curricular commitment
to business, finance and investing,
and further student and faculty
activity in those areas.
“We are grateful for the continued support of John Glynn, whose
success should be inspirational
for law students looking to make
an impact on the business world,”
said Vice Dean George Geis. “The
real key to our momentum in this
area has been UVA’s ability to attract leading lawyers, executives
and judges who are willing to
bring their experiences into the
classroom.”
More than 10 years after the
program launched, it has proven
popular with students and practitioners who have participated
in teaching courses. The program
has attracted instructors such as a
former general counsel and executive officer of The Coca-Cola Company, a
managing director of Goldman Sachs, a vice
chairman of Citigroup Inc. and the former
managing director of Deutsche Bank AG,
as well as the chief justice of the Supreme
Court of Delaware, the state where most
major businesses are incorporated and
where the majority of corporate law litigation is adjudicated.
Alumni who took the coursework are
also finding success in their careers, built in
part on the skills and foundational concepts
they learned in the program.
Though the program helped prepare
Agarwal for complex work involving private
equity acquisitions and strategic transactions
representing middle- and large-cap public
companies, he said the Law & Business curriculum is invaluable for students interested
in any number of career fields.
“Whether you expect to practice corporate law, litigation or public service work,
or even do something completely unrelated, you will learn many useful skills and
UVA LAWYER / SPRING 2013 9
LAW SCHOOL NEWS
…
Ravi Agarwal ’09 and Anna Shearer ’07
concepts in the Law & Business courses that
can be applied to numerous jobs and situations,” he said.
Anna Shearer ’07 is a vice president at
Barclays Capital in New York City, working
in the field of equities derivatives.
Looking back on her time at the Law
School, Shearer said the Law & Business
Program’s array of short courses gave students a look into the real world of business.
“I took one on M&A, for example, that
took us through exactly what a deal looks
like,” she said. “Those kinds of courses
that show you what the documents look
like [and] what is involved in one of
those big transactions, taught by someone
from within the industry, were extremely
helpful.”
The program also allows students to
connect with some of the top business law
professors in the world. Shearer, who studied computer science as an undergraduate,
started working in derivatives during her
first summer while serving as a research assistant to Dean Paul G. Mahoney, an expert
10 UVA LAWYER / SPRING 2013
on securities regulation, law and economic
development, corporate finance, financial
derivatives and contracts.
“During my 2L year, I worked on side
projects for him throughout the year,” she
said. “It was a great experience. Every time
I have something [go well] in my career, I
always email him.”
Shearer said the most useful course she
took was the Law & Business Program’s
Accounting and Corporate Finance class.
“I would recommend that to everyone,”
she said. “It teaches you the vocabulary you
will need to know. You won’t be doing that
right when you get out of law school and
become a lawyer, but you need to understand what other people do.”
Agarwal echoed that statement, adding
that UVA Law courses on securities regulation and corporate governance also proved
critical.
“Being able to understand financial
statements and understand the business
vocabulary is incredibly helpful in communicating with clients and counterparts
and understanding the goals your clients
are trying to achieve,” he said. “Additionally,
almost regardless of the type of M&A
transaction I am working on, corporate
governance concepts often come to the
forefront, especially when advising a
board on how it should be thinking
about its options.”
John B. Esterhay ’06 said his education at the Law School helped prepare
him well for his career in management
consulting at McKinsey & Company.
“The analytical thinking skills in
management consulting are similar to
legal skills,” he said. “For example, consultants must gather facts, spot issues
and apply logic to breakdown complex
problems. Just like lawyers, consultants
analyze situations from different perspectives, and must identify and understand
different stakeholders and interests.”
He added that his time at UVA Law
also helped him hone his oral and
written communication
skills,
both of which
have
proven
essential in his
career.
“Just
like
lawyers, consultants must ask
precise questions,
John Esterhay ’06
listen for nuances and make
arguments in a way that is persuasive,” he
said. “Communication skills are particularly important, because consultants often
recommend changes, and it takes a lot of
influencing and persuasion to help large
organizations to change in positive ways.”
Esterhay—who co-teaches a January
term course with Geis on applied problemsolving—recalled taking a number of
“outstanding” courses in the Law & Business
Program.
“In particular, the securities regulation
course that Dean Mahoney taught stands
out in my mind,” he said. “He integrated
accounting and financial analyses into the
course, and that made me more comfortable
with many concepts earlier in my career.”
The program, Esterhay added, is a great
LAW SCHOOL NEWS
…
option for any law student interested in
business.
“It’s a unique way to learn about business
practices and culture, without enrolling in
a combined J.D.-MBA program, since that
option usually requires either an additional
year of study or taking classes year-round
and foregoing summer work experience,”
he said.
More online: video conversation with
John Glynn ’65 at bit.ly/johnglynn.
MONEY MANAGEMENT | Richard Crawford ’74
Student
Investment Club
Offers Real World
Experience
R
ivanna Investments is a student investment club that gives its members real
world experience in investment management and investment markets by allowing
them to manage a small portion of the Law
School endowment.
A group of first-years who were as
passionate about global finance as they were
about the law founded Rivanna Investments
in the fall of 2010. They began to meet weekly
to discuss recent economic and market
developments. What began as a group of
friends engaging in convivial lunchtime
discussions about corporate affairs evolved
into rigorous investigations into potential
investments.
In the spring of 2011 this group of
friends approached the Law School
Foundation with the idea of launching a
student-run investment group managing
real money on behalf of the Law School.
The model for such an activity was Darden
Capital Management, which had been
founded at Darden in 1991. It had developed an excellent investment record over a
20-year period in which it managed a small
amount of the Darden endowment.
Law School Foundation Chief Executive
Officer Luis Alvarez ’88 supported the idea
and referred it to Dean Paul Mahoney for
his review and approval. After thorough
consideration by the dean, he recommended
the idea to the Foundation’s Investment
Committee who supported it and approved
the allocation of $100,000 in initial capital
for the group to invest.
The dean and trustees felt the club was
an excellent fit with the Law & Business
Program, as well as a way to provide practical experience to students interested
in investments and investment markets.
Rivanna offers Law students a stronger educational experience relating to investment
and securities markets and better prepares
them for legal and business careers relating
to the financial services industry.
Currently, Rivanna has more than 30
student partners who make recommendations on which listed stocks to invest in using
fundamental, values-oriented, research
driven analysis. The club’s basic investment
focus is a two-prong strategy of buying blue
chip stocks with a solid dividend yield while
pursuing other stocks that represent a value
In addition to its core activity of researching investment opportunities and
managing its small fund, Rivanna has a
steady stream of educational activities for
its members, including training sessions
on topics like financial analysis and guest
speakers from the investment industry.
Since its founding Rivanna has hosted
numerous campus speaking engagements
including Alice Handy of Investure, Thad
Glowacki ’05 of Mangham Associates,
Frank Edmonds ’95 of King Street Capital,
Jim Donovan of Goldman Sachs, and Peter
Kaufman ’78 of Gordian Group.
Beyond education for its members,
Rivanna is attempting to reach out to the
broader UVA Law alumni community
with investment education. At the end of
February the club mailed its first newsletter with a featured investment article and
a stock selection for the quarter. They plan
to make it a quarterly publication with
featured articles by interested alumni in the
money management business.
Going forward, Rivanna plans to
grow into a for-credit academic activity in the same manner as Darden Capital
Management. At the end of 2012 the club
established a formal alumni advisory board
to help develop its program over time. For
the future, the club plans to develop a strong
What began as a group of friends engaging in
convivial lunchtime discussions about corporate
affairs evolved into rigorous investigations into
potential investments.
investment opportunity. The club’s investment process requires that an individual
member present an investment recommendation supported by an oral presentation to
the entire club accompanied by a detailed
written analysis of the investment opportunity. The club’s investment committee then
votes thumbs-up or thumbs-down on the
specific investment recommendation.
relationship with the CFA Institute located
in Charlottesville, including scholarships
for club members, to pursue the chartered
financial analyst curriculum and designation. In addition, the club is seeking to
establish summer internship with institutional money managers so that members
can get real world work experience in
money management.
UVA LAWYER / SPRING 2013 11
LAW SCHOOL NEWS
…
“If we safeguard our civil liberties but leave our
country vulnerable to attack, we will have lost. And if
we protect our citizens from crime and terrorism but
sacrifice our civil rights, we also will have lost. It is
not a question of conflict, it is a question of balance.”
NATIONAL SECURITY | Brian McNeill
FBI Director and Jefferson Medal
Recipient Robert Mueller ’73
Reflects on Bureau’s Transformation
After 9/11
T
wo or three days after the September 11,
2001, terrorist attacks, FBI Director
Robert S. Mueller III ’73—who had taken
office just days earlier on September 4—was
summoned to the White House to deliver his
first briefing to President George W. Bush.
Mueller, who says he was “scared to
death” and so new to the FBI that he could
barely find his office, had prepared extensively to update the president on the FBI’s
activities in response to the attacks. Agents
had established crime scenes at all relevant
locations, he told the president, had begun
to identify the hijackers and were already
concluding that Osama bin Laden and
al-Qaida were responsible.
“The president stopped me and said,
‘Bob, that’s all well and good. That’s what I
expected the bureau to do. That’s what the
bureau has been doing well for the last 100
years. What I want to know from you is,
what are you doing to prevent the next terrorist attack?’” Mueller recalled in a talk at
the Law School. “I felt like a high school kid
12 UVA LAWYER / SPRING 2013
who had done the wrong homework assignment. I got it wrong.”
From that moment, Mueller said, he
realized that the FBI could no longer be reactive to crime and terrorism. It had to grow
more proactive and overhaul its priorities
and capabilities.
“The days after the attacks of September 11
changed the course of the bureau,” he said.
“National security—that is, preventing terrorist attacks—became our top priority.
We shifted 2,000 agents from our criminal
programs to national security and we understood that we had to focus on long-term
strategic change—enhance our intelligence
capabilities, upgrade technology, build
strong partnerships, forge strong friendships—both here at home and abroad.”
Mueller spoke at the Law School after
he was awarded the 2013 Thomas Jefferson
Foundation Medal in Law as part of UVA’s
Founder’s Day celebration.
Sponsored jointly by the University
and the Thomas Jefferson Foundation,
the nonprofit organization that owns and
operates Monticello, the Thomas Jefferson
Foundation Medals recognize the achievements of those who embrace endeavors in
which Jefferson, author of the Declaration
of Independence and third U.S. president,
excelled and held in high regard, including
law, architecture, and leadership.
Mueller, the longest-serving FBI director since J. Edgar Hoover, was appointed
by Bush in 2001. FBI directors are limited
by law to a single term of no more than
10 years, but Congress extended Mueller’s
tenure by two years in 2011 at President
Barack Obama’s request.
Transforming the FBI following 9/11
was no simple task, Mueller said.
“We realized that we could no longer
do the drug cases we’d done before, we
could no longer do the smaller white-collar
criminal cases,” he said. “So we took about
1,500 agents from the drug program and put
them over in counterterrorism. We took 500
agents doing smaller white-collar criminal
cases and put them over [in national security
posts]. Were they happy? Not particularly.”
Yet Mueller realized that the FBI’s mission is not necessarily about what the agents
want to do.
“I love doing trials. I love doing bank
robberies, drug cases, homicides, as a prosecutor. That’s what I thought I was going to
be overseeing when I got to the bureau,” he
said. “Turned out not to be the case. The fact
of the matter is, it’s not what we want to do,
it’s what the American people need us to do.
What does the president expect, Congress
expect, and the American people expect?
They expect us to prevent the next terrorist
attack.”
Traditionally, he said, the FBI’s success
was determined based on metrics such as
the number of arrests and convictions. “Our
metric now is one—how many terrorist attacks have occurred in the last 10 to 12 years
on the territory of the United States.”
Mueller was born in New York City and
grew up outside of Philadelphia. He graduated from Princeton University in 1966 and
earned a master’s degree in international
COLE GEDDY
LAW SCHOOL NEWS
…
relations from New York University in 1967.
After NYU, Mueller joined the U.S.
Marine Corps and served as an officer
for three years, leading a rifle platoon of
the Third Marine Division in Vietnam.
For his service in the Marines, Mueller
was awarded the Bronze Star, two Navy
Commendation Medals, the Purple Heart,
and the Vietnamese Cross of Gallantry.
“The FBI motto is ‘Fidelity, Bravery,
Integrity.’ And Mueller embodies those traits,”
said Law School Dean Paul G. Mahoney in
his introduction. “He has served our nation
with distinction for over 40 years as a soldier,
lawyer, and public servant. His integrity,
dedication, discipline, and humility make
him an ideal recipient of the Medal in Law.”
Following Mueller’s military service, he
enrolled at UVA Law, where he served on
the Virginia Law Review and earned his
law degree. At the time, Mueller recalled,
many law schools were not receptive to
Vietnam veterans, but UVA welcomed him
and others.
“The University was looking for [students
with] a range of experiences, understanding
that a true legal education is an amalgam of
the law and of values, with a goal of preparing its students for service—service to the
country, service to Virginia, and service to
others,” Mueller said.
On his first day of classes at the Law
School, Mueller recalled sitting next to a
scruffy-looking classmate.
FBI Director Robert S. Mueller ’73
“I still had a Marine Corps haircut and
was dressed rather neatly. He, on the other
hand, had hair down to his shoulders, a Fu
Manchu mustache, was dressed in a grubby
T-shirt and shorts, and was not wearing
shoes. He never wore shoes,” Mueller said.
“[Law Professor] John Jeffries and I were in
the same class. He knows exactly who I’m
talking about.”
“It’s not me,” Jeffries quipped from the
audience in Caplin Pavilion.
“I quickly came to find out he was a
conscientious objector, not paying much attention in class, and seemed to be there for
UVA LAWYER / SPRING 2013 13
LAW SCHOOL NEWS
…
the ride. At least, that’s what I believed until
the first grades were posted and he did even
better than John Jeffries. They were at the
top of the class, while I lingered somewhere
in the middle,” he said.
That scruffy hippie, he added, went on
to become a great friend and a highly successful antitrust lawyer in San Francisco.
Mueller said he was drawn to UVA Law
for its ideals, which match what he called
three basic tenets for a rewarding professional life in law—integrity, a commitment
to the rule of law, and valuing public service.
Uncompromising integrity, he said, is a
core value at both the FBI and UVA Law. “As
the saying goes, if you have integrity, there
is nothing else that matters,” he said. “And
if you don’t have integrity, there is nothing
else that matters.”
For attorneys and non-attorneys alike,
he said, there will be times in which they are
tested in ways both small and large. “You
may find yourself standing alone against
those who you thought were trusted colleagues, you may stand to lose what you
have worked for, and the decision will not
necessarily be an easy call,” he said. “But
this institution, Virginia, has prepared its
students for such tests. Integrity is a way of
life here at this institution.”
The rule of law, he said, guides the FBI’s
belief that it must be objective, fair and apolitical, and that it must respect the privacy
and civil liberty implications of its actions.
“We recognize that in the wake of
September 11, if we safeguard our civil
liberties but leave our country vulnerable to
attack, we will have lost. And if we protect
our citizens from crime and terrorism but
sacrifice our civil rights, we also will have
lost. It is not a question of conflict, it is a
question of balance.”
Mueller reflected on his service in
Vietnam, and said it helped fuel his desire
to a public servant. “I consider myself fortunate to have survived that tour in Vietnam,”
he said. “There were many who did not.
And perhaps because of that I’ve always felt
compelled to try to give back a little.”
14 UVA LAWYER / SPRING 2013
He urged the law students in the crowd
to find ways to give back, whether through
public service or private practice, and to be
able to look back on their careers as “time
well spent.”
“Each of us must determine for ourselves in what way we can best serve others,”
he said. “Those of you who are students will
leave UVA with a firm grasp of not only
the law as it stands, [but also] the law as it
should be and the law as it could be. And I
just ask you to find something that you love
doing, some way that you too can contribute, something that will leave you believing
that your time has been well spent.”
Following his graduation from UVA
Law, Mueller worked as a litigator in San
Francisco, spent 12 years in U.S. attorney’s
offices, and then was appointed an assistant U.S. attorney in Boston, where he
investigated and prosecuted cases involving
financial fraud, terrorism, public corruption, narcotics conspiracy, and international
money laundering.
In later years he served as partners in two
Boston law firms, was an assistant to U.S.
Attorney General Richard L. Thornburgh,
led the Justice Department’s criminal division, and was appointed U.S. attorney in
San Francisco.
As FBI director, Mahoney said, Mueller’s
service and transformation of the bureau
has been nothing short of remarkable.
“He has earned unprecedented bipartisan respect, no easy feat given the high
profile and challenging mission of the FBI,”
he said.
More online: video of Robert Mueller’s talk
can be found at bit.ly/mueller_medal.
“LET’S START OVER” | Eric Williamson
Former State
Department
Official Calls
for New Laws
in Dealing with
Terrorism
T
he United States needs to rethink and
further develop the rule of law surrounding drone strikes, detentions, and
other tactics used in combating terrorism,
a former U.S. Department of State official
LAW SCHOOL NEWS
…
and leading voice on foreign policy said in
April.
“Let’s start over,” said Anne-Marie
Slaughter, a professor of politics and international affairs at Princeton University who
served as director of policy and planning for
the State Department from 2009–11. “Let’s
think about the kind of conflict we are going
to face in this century … And then let’s have
a public debate and talk to countries around
the world.”
Slaughter’s comments in Caplin
Auditorium marked the 15th annual Henry
J. Abraham Distinguished Lecture, which is
presented each year at the Law School by the
Thomas Jefferson Center for the Protection
of Free Expression.
She said the current legal justification for
military action against suspected terrorists
is rooted in the question: “Are we at war?”
The Obama administration cites the law
passed after the September 11 attacks authorizing “all necessary and appropriate force,”
as well as U.N. Security Council resolutions
supporting operations in Afghanistan, as a
legal basis for its current counterterrorism
policies, Slaughter said. But she said the rule
the judicial process, she said. “We don’t
know what criteria were used to put people
on that target list,” she said. “[And] there are
Americans on that target list.”
Slaughter said an American legal position
based primarily in 9/11-related authorizations
may also be on shaky ground now that U.S.
troops are scheduled to withdraw from
Afghanistan in 2014.
Recently the nonpartisan Task Force
on Detainee Treatment, convened by the
Washington, D.C.-based think tank The
Constitution Project, issued a report regarding the prisoners being held by the
U.S. in Guantanamo Bay. “The vast majority of that task force found the authority
to detain those people in Guantanamo is
explicitly tied to our authority to wage war
in Afghanistan,” Slaughter said.
Among the task force’s recommendations were speedy trials, transfers to U.S.
mainland prisons or release to foreign
countries, she said. “If we end the war in
Afghanistan and continue keeping [prisoners in Guantanamo], we are violating
some of our most precious legal canons,”
Slaughter said.
“Let’s have a public debate and talk to countries
around the world.”
of law is being stretched, pointing to recent
U.S. drone strikes in Mali and Yemen, which
are far removed from Afghanistan.
“So now we’re talking about using drone
strikes on individuals who are not connected to 9/11, who are not connected to
the theater of war, who theoretically could
be anywhere,” Slaughter said. “Is that war?
And this is a hard question. Because you
could say these are all groups who are trying
to target the United States.”
The problem gets more complicated as
secret, targeted killings further circumvent
The U.S. could better hew to rule of law
principles by creating more explicit definitions regarding acts of terrorism or pending
threats, and how they should be handled
legally …” We need some category that says
when a certain number of people have been
killed, with a certain level of violence, here
are the rules that apply,” she said.
We don’t want to live in a world in which
governments can simply decide, ‘We could
capture someone and try them, or we can
simply kill them.’”
Find video at bit.ly/slaughter_drones.
Princeton professor Anne-Marie Slaughter
34 YEARS | Jason W. Trujillo ’01
Steve Hopson ’69
Wraps Up One
More Career
Path—His Own
A
t commencement on May 19, my good
friend and colleague Steve Hopson ’69
will once again, as he has done for more
than a generation of law students, call the
names of graduates as they cross the stage
to collect their diplomas. But the conclusion
of this year’s ceremonies also marks the end
of Steve’s 34-year career leading the Law
School’s career services efforts.
“I’m not sure what’s next, other than a
trip or two abroad. Betty and I love Europe
and now we will have the time to return,” he
said. Betty is Steve’s wife of 33 years, with
whom he eloped to Key West in 1980, a year
after starting his job as the Law School’s
director of placement.
In 2009, in contemplation of his retirement a few years hence, Steve stepped down
from running the day-to-day operations
of Career Services and handed the reins to
Kevin Donovan. Steve assumed the role of
senior career counselor and assistant dean
of Career Services.
“I am so pleased with the way the office
is running now. Kevin has brought so much
energy and enthusiasm and great ideas
to the office,” Steve said. “It’s in absolutely
wonderful hands.”
Steve was born into an old Virginia
family tracing their Richmond roots to 1802,
when the ancestors arrived from Scotland.
Steve’s mother was in the first graduating
class of Thomas Jefferson High School in
the Richmond public school system. Steve
followed in her footsteps some 30 years
later, graduating as student body president
of the then 2,000-member high school.
In his free time, he played piano in his
band—the Squires—and one of their gigs
UVA LAWYER / SPRING 2013 15
LAW SCHOOL NEWS
…
Steve Hopson ’69 in Vietnam, serving in the
Army JAG Corps.
in their senior year was christening the
new Alpha Epsilon Pi party room at the
University of Virginia. The fraternity must
have impressed Steve, because he ended up
enrolling at the University the next year,
having turned down an offer to attend Yale.
Steve’s life at UVA was marked with
success. He was an Echols Scholar, editorin-chief of The Cavalier Daily, and lived
in 26 East Lawn, later made famous by
subsequent resident Katie Couric. He
graduated and enrolled in the Law School a
few months later, joining the Class of 1969,
alongside classmates Richard Bonnie, now a
UVA Law professor, and Martha Ballenger,
now assistant dean for student affairs. Steve
was president of the Raven Society as a
1L, and lived for a time at 21 West Range
16 UVA LAWYER / SPRING 2013
on the Lawn. He also served as chair of the
University Judiciary Committee.
While Steve was in law school, the war
in Vietnam intensified. Upon graduation he
joined the Army JAG Corps at age 25 and
made a four-year commitment to serve.
After going to “salute school” at Fort Lee
in Virginia and spending some time at
Fort Dix, N.J., Steve arrived in Vietnam on
December 31, 1970.
“I went to the Officer’s Club just before
10 p.m. expecting a party. Instead I found
out they were closing at 10 and the band was
playing the Animals song ‘We Gotta Get
Out of This Place.’ I thought to myself, ‘I just
got here. I have a year to go!’”
Steve’s superiors wanted to make him a
prosecutor, “but they quickly found out my
temperament was more suited to being a
defense counsel.”
He defended soldiers accused of drug
possession, petit larcenies, and failing to
obey orders. Heroin was unfortunately
“everywhere,” giving him a heavy caseload.
The prosecutor in most of his cases was
Sim Lake (now a U.S. district judge who
presided over the trials of Enron Chairman
Key Lay and former Chief Executive Officer
Jeff Skilling). Sim was his adversary by day
but his “hoochmate” (the person he shared
a tent with) by night, and they became
close friends.
Steve soon became a “two-digit midget,”
having fewer than 100 days left to serve in
Vietnam. He’d look up at the planes taking
service members back to the states—
“Freedom Birds”—and knew his would
arrive soon. When asked his preference of
assignment upon returning to the States,
he replied without hesitation “The JAG
School at the University of Virginia in
Charlottesville.” The request was granted
LAW SCHOOL NEWS
…
Hopson has called the names of
thousands of Law graduates.
and Steve served out the rest of his
Army time back home in Virginia.
Another of Steve’s Vietnam
hoochmates, Harry Boertzel,
wrote him a letter in late 1973
suggesting Steve join him as a
legislative counsel in Guam. The
legislature of Guam was in session all year and Steve and Harry
attended each session, gave advice
on parliamentary issues, wrote
amendments, and served as
counsel to the committee hearing. While the locale was exotic, it
beat sharing a hooch in war time,
Steve said.
The governor of Guam asked
Steve has called the names at every graduation
Steve to be his special legal asceremony since [1986], except for 2009, when he
sistant. After two years in Guam,
Steve was encouraged to take
relinquished the duty so he could see his own daughter
a job at Hunton & Williams by
graduate from the University.
two friends at the firm from the
class of 1967, former University
Rector Gordon Rainey and former
Virginia Bar Association Executive
of the kindest people I know. Thousands of
Director Guy Tower. “I had a wonderful
I pronounced each graduate’s name absoLaw students, including myself, have relied
time at Hunton and will be forever grateful
lutely correctly,” he said. Steve has called
not just on his wise professional counsel,
to Gordon and Guy,” Steve said.
the names at every graduation ceremony
but also his support and unfailing encourAfter four years Steve was drawn back
since then, except for 2009, when he relinagement. He leaves a huge void at Virginia.”
to the Law School when he had the opquished the duty so he could see his own
Steve has spent thousands of hours
portunity to join the administration as
daughter graduate from the University.
counseling students and making connecdirector of placement in 1979. At the
He also played a major role in developing
tions between law firm employees, alumni,
time, Steve became the fifth administrathe school’s first loan forgiveness program
and students to help graduates forge the
tor at the Law School, joining Associate
and, through his hiring of Assistant Dean
career path they wanted, stressed Kevin
Dean for Admissions and Placement
Kimberly Emery ’91, paved the way for the
Donovan. “Dean Hopson has made an
Al Turnbull ’62, Associate Dean for Finance
Mortimer Caplin ‘40 Public Service Center,
impact on so many lives during his time
and Administration Lane Kneedler ’69,
an office that has grown to include several
at the Law School. Every year during onDirector of Admissions Jerry Stokes, and
career counselors.
Grounds interviews and reunions, alumni
Director of Student Affairs Elizabeth Low.
Steve has worked under six deans—
seek me out and tell me their stories of how
His duties also included reading admissions
Emerson Spies, Richard Merrill, Thomas
Dean Hopson’s help made all the difference
files, interviewing applicants for admission,
Jackson, Robert Scott, John C. Jeffries, Jr. ’73,
in their job searches. Steve is an inspiration
and working with those students who were
and now Paul Mahoney. “I’m honored to
to all of us. He cares deeply for the students.
interested in public service careers.
have worked for all of them,” he said.
He works tirelessly without ever looking
In 1986 he started running the Law
Yared Getachew ’98, who also served as
for credit. He is one of the unsung heroes
School’s graduation ceremonies. “I took
the Law School’s assistant dean for public
of this place.”
particular pride in working to make sure
service for several years, praises Steve as “one
UVA LAWYER / SPRING 2013 17
LAW SCHOOL NEWS
…
A SAMPLE OF THE VIDEO AND MP3 OFFERINGS FOUND ONLINE
Multimedia News Offerings at
www.law.virginia.edu/news
SYRIA BEHIND THE HEADLINES:
DYNAMICS OF THE UPRISING AND
HUMAN RIGHTS ON THE GROUND
Basamm Haddad, director of the Middle
East Studies program at George Mason
University and founder of the e-zine
Jadaliyya, spoke on the roots of the
uprising in Syria and the current situation
on the ground.
THE CRIME OF INCITEMENT:
PROPAGANDA AND MEDIA IN
INTERNATIONAL CRIMINAL TRIBUNAL
JUDGMENTS
Richard A. Wilson, Gladstein Chair of
Human Rights, professor of anthropology
and law, and director of the Human Rights
Institute, University of Connecticut, speaks
on “The Crime of Incitement: Propaganda
and Media in International Criminal
Tribunal Judgments.”
EYEWITNESS MEMORY AND THE
SOCIAL SCIENCE RESEARCH
Jennifer Dysart, one of the nation’s
leading experts on the factors influencing
the accuracy of eyewitness identification,
spoke at a symposium on “Eyewitness
Identification Procedures in the
Commonwealth.”
18 UVA LAWYER / SPRING 2013
RELIGIOUS LIBERTY AND
THE CULTURE WARS
Professor Douglas Laycock lectures on
religious liberty and the culture wars to
mark his appointment as the Robert E.
Scott Distinguished Professor of Law.
A WALK ACROSS THE SUN
As part of the Virginia Festival of the Book,
author Corban Addison ’04 discusses the
research and writing of his novel, A Walk
Across the Sun, which crosses international
boundaries and delves into both human
trafficking and the depths of family love.
GAMBLING AND CORRUPTION IN SPORTS
At the “Vice and Morality in Sports”
symposium, presented by the Virginia
Sports & Entertainment Law Journal
and the Virginia Sports Law Society,
a panel discussed gambling and
corruption in sports. The panel featured
Tom Ostertag ’81, senior vice president
and general counsel of Major League
Baseball; Ryan Rodenberg, assistant
professor of sport law, Department of Sport
Management, Florida State University;
Jeffrey Standen ’86, associate dean for
academic affairs, Van Winkle Melton
Professor of Law, Willamette College of
Law; and moderator Alex Johnson, Perre
Bowen Professor of Law and director,
Center for the Study of Race and Law.
THE FUTURE OF THE VOTING RIGHTS ACT:
A DISCUSSION ABOUT SHELBY COUNTY
V. HOLDER AND WHAT IT MEANS FOR
VIRGINIA
Professor Risa Goluboff and Ridge
Schuyler ’87, former Virginia Counsel for
Obama for America, discuss the recent
argument in Shelby County v. Holder, the
case challenging the constitutionality of
Section 5 of the Voting Rights Act.
A CONVERSATION WITH THE
GENERAL COUNSEL FOR THE NAACP
What does it mean to lead the general
counsel’s office for one of the oldest and
most respected civil rights organizations in
the country? Kim Keenan ’87 discusses her
work at the NAACP and her career in both
the public and private sectors.
THE MAN WHO SHOT LIBERTY VALANCE:
THE FUTURE OF FINANCIAL REGULATION
Ethiopis Tafara, director of the Office of
International Affairs at the U.S. Securities
and Exchange Commission, spoke as part
of the Virginia Journal of International Law
and the J.B. Moore Society of International
Law symposium, “Financial Innovation in
a Changing World.”
LAW SCHOOL NEWS
…
POVERTY AS DISABILITY: NEUROSCIENCE,
POOR CHILDREN AND SPECIAL EDUCATION
RISING: THE REBUILDING OF THE
WORLD TRADE CENTER
Professor James Ryan ’92 and Angela
Ciolfi ’03, director of the JustChildren
program of the Legal Aid Justice
Center, speak on “Poverty as Disability:
Neuroscience, Poor Children and Special
Education” at the Virginia Journal of Social
Policy & the Law’s symposium, “Theory
and Practice.”
William Baroni ’98, deputy executive
director of the Port Authority of New York
and New Jersey, discusses efforts to rebuild
the World Trade Center. Baroni delivered
his address during Law Alumni Weekend.
COMING APART:
THE ISOLATION OF THE NEW UPPER CLASS
The Federalist Society hosted the American
Enterprise Institute’s Charles Murray,
who spoke on an aspect of his most recent
book, “Coming Apart: The State of White
America, 1960–2010.”
THE CAPITALIST DILEMMA: DISRUPTIVE
TECHNOLOGY IN A RECOVERING ECONOMY
Harvard Business School professor
Clayton Christensen discussed the effects
of disruptive innovation on a recovering
economy in a talk to law and business
students.
THE ARAB SPRING AND THE
FUTURE OF THE ARAB WORLD
Jordan’s former ambassador to the European
Union, Ahmad Masa’deh LL.M. ’92, spoke
on the Arab Spring and the future of the
Arab World.
BENDING TOWARD JUSTICE:
THE STRUGGLE FOR CIVIL RIGHTS TODAY
Mary Bauer ’90, legal director of the
Southern Poverty Law Center speaks as
part of the annual commemoration of the
life and legacy of Martin Luther King, Jr.
DEFENDING SEN. STEVENS:
FAIRNESS IN PROSECUTING THE LAW
Robert Cary ’90, partner at Williams
& Connolly, discusses his experience
defending U.S. Sen. Ted Stevens and the
importance of fairness in prosecuting the
law at a talk sponsored by the Federalist
Society and the Rex E. Lee Law Society.
UVA LAWYER / SPRING 2013 19
Reimagining
UVA
BY CULLEN COUCH
20 UVA LAWYER / SPRING 2013
W
hen Thomas Jefferson founded the University of Virginia
almost 200 years ago, he created a model for secular public
higher education that has become the envy of the world. U.S.
public universities produce 70 percent of the nation’s scientists,
engineers, and doctors, and most of its university-based
research. But in spite of such outsized contributions and promise, the system is being
questioned and financially squeezed. Meanwhile, other nations, in particular emerging
economies, are investing heavily to emulate America’s leading public universities and
match their success.
UVA LAWYER / SPRING 2013 21
MANUAL OF THE BOARD OF VISITORS
SecƟon 1, Statement of InsƟtuƟonal Purpose. The central purpose of the
University of Virginia is to enrich the mind by s mula ng and sustaining a
spirit of free inquiry directed to understanding the nature of the universe
and the role of mankind in it. Ac vi es designed to quicken, discipline, and
enlarge the intellectual and crea ve capaci es, as well as the aesthe c
and ethical awareness, of the members of the University and to record,
preserve, and disseminate the results of intellectual discovery and crea ve
endeavor serve this purpose. In fulfilling it, the University places the
highest priority on achieving eminence as a center of higher learning.
— Statement of InsƟtuƟonal Purpose adopted by the Board of Visitors in
May 1985
SecƟon 2.4, Powers and DuƟes. The powers and du es conferred upon
the Board are to be exercised for the purpose of carrying into effect the
Statement of Ins tu onal Purpose.
SecƟon 4.1, The Rector and Vice Rector of the University. The Rector of
the University is especially charged with the duty of maintaining that level
of interest and ac vity among the members of the Board of Visitors as
will best contribute to the determina on of broad policies, wise planning
for the future, intelligent and considerate observance of the rights of the
faculty and the student body, including the care and preserva on of the
Honor System, and maintenance of the independence of the Board from
outside influences harmful to the interests of the students and faculty of
the University.
22 UVA LAWYER / SPRING 2013
Ironically, states are now running away from the records of
their flagship universities as they debate the future of public higher
education. University governance was always informed by politics,
but elected officials and trustees historically showed restraint in
deference to institutional management, or at least sought to balance
strategic differences. Today, public universities sometimes resemble a
tug-of-war between the administration and the board, with less collaboration and more conflict, often over academic issues that were
previously reserved to the discretion of the president and the deans.
In the last two years alone, the presidents of the University of
Wisconsin–Madison, the University of Illinois, and the University
of Oregon—plus another eight presidents of public research
universities—were ousted or forced to resign. Whom did they
fail to serve? It’s not clear, but boards are increasingly proxies for
governors, and the governors of Texas, Florida, North Carolina,
and Wisconsin, for example, have been pressuring the “educational
elite” in their states to cut costs and trim programs.
Their rhetoric reflects the times. The economy is still struggling, states have right-sized to close deficits, and revenues are
not expected to rise fast enough to avoid hard choices. Public
universities are not immune to calls for greater fiscal prudence
and accountability. But critics such as Governor Pat McCrory of
North Carolina go much further. His staff is drafting legislation
that would fund the UNC system “not based upon how many butts
are in seats, but how many [of those] butts can get jobs.” Governor
Rick Scott of Florida asks, “Is it a vital interest of the state to have
more anthropologists?” Governors Scott Walker of Wisconsin and
Rick Perry of Texas want to link state funding of their systems to
alumni employment.
More subtly, the State Council of Higher Education for
Virginia began publishing the starting salaries of college graduates
by school and program of study. Not surprisingly, the technical
disciplines have higher earners than the humanities, but that has
always been true. It’s a facile analysis for the moment because tight
budgets are in search of spending rules, and everyone understands income. Hunter Rawlings, president of the Association
of American Universities, throws up his hands in dismay. “This
ranking is specious. As others have said, not everything that counts
can be counted, and not everything that can be counted counts.
Yet treating all college as vocational training encourages just that
kind of simplistic thinking, reducing the value of an education to a
single number.”
Such sentiments challenge what many believe to be the
intrinsic value of higher education. “We are certainly in a time
where higher education is under attack, not simply based on cost,
and we need to defend it,” says George M. Cohen, the Law School’s
Brokaw Professor of Corporate Law and the Chair of UVA’s Faculty
Senate. “This should not be a partisan issue. We are talking about
being competitive in the world and having an educated populace
of responsible citizens able to think critically, whatever their
political beliefs.”
“Narrow technical training may solve certain types of problems,” adds Robert W. Iuliano ’86, General Counsel of Harvard
University, “but in the end that person may not be as well situated
as someone who has both the technical training and a broader
knowledge base to find answers when hard questions arise. I like
to work around people who can think creatively and have a broad
base of knowledge upon which to draw, because that’s going to
help solve increasingly complicated problems that require multidisciplinary perspectives.”
Indeed, UVA President Teresa Sullivan sees an even more dire
threat. “I tell you without exaggeration that as we in the United
States are tearing down our research universities, other countries,
which may one day be our adversaries, are building them up,”
she told an audience on Grounds in February. Sullivan asserts
that UVA has a responsibility to make public higher education
sustainable “because our national security depends upon it. I think
we can do it because of our distinctive history, because we have a
history of innovation that makes us a change leader, because of our
uncommon size and scale compared to other flagship universities,
and most importantly, because we are not embarrassed to embrace
a set of strong values.”
UVA LAWYER / SPRING 2013 23
“Converging forces”
Gerald L. Parsky ’68, founder and Chairman of Aurora Capital
Group in Los Angeles, was a member of the University of California Board of Regents for 12 years, serving as Chair from 2004
to 2007, and was a trustee of Princeton University from 1981 to
1991. Even before the financial crisis and ensuing recession, Parsky
foresaw the challenges facing public universities, the “converging
forces” they must manage to fulfill their mission of providing
access to quality higher education at an affordable price.
Just as in Virginia, where the Commonwealth provides just
eight percent of the University’s budget, state funding of public
universities around the country has steadily declined. “It would
be contrary to the University’s charge to make up that difference
solely through tuition,” says Parsky. “Private support should be a
primary source to replace state funding, but it must do so without
raising the specter of privatization. I’m sure that University of
Virginia alumni are just as dedicated and loyal to their alma
mater as the alumni of private institutions, but they’re relatively
untapped. So you need to look at private giving not as something
to be feared, but something you can carefully marshal as you seek
to make up for less public funding.”
Changing demographics are also forcing public universities to
reconsider their relationship with the K–12 systems that feed them.
“In California as well as Virginia, the challenge is to figure out a
way the entire population can have access to the best university
system in the world,” says Parsky. “That gets to the direct link to
K–12. The universities have to participate in helping to prepare
students for college. In California, the universities have Student
Academic Preparation and Educational Partnerships that do this,
but more needs to be done.”
Cohen agrees, and notes that expanding access to higher
education puts a premium on teaching. “Certainly the faculty need
to focus more on teaching critical thinking skills,” he says, “but
24 UVA LAWYER / SPRING 2013
we also have to think about who we’re teaching and what these
students’ experiences are. We have to recognize that we are dealing
with challenges in admitting students who have gone through
school systems where teachers are teaching to the test, where the
students themselves do less real critical thinking and writing.”
Then there is the lingering tension surrounding affirmative
action. Educators value diversity for the myriad backgrounds and
perspectives it brings to the campus conversation. “Diversity is a key
principle and defining characteristic of the State of California and
its universities,” says Parsky. “As a result, I’m a believer in legal affirmative action because we need diversity on our campuses, especially
our public universities. The admissions office should be careful not
to use processes that discriminate on the basis of race or ethnicity
but should take into account a number of factors in evaluating an
applicant. For instance, it is important to understand the obstacles
that a student may have had to overcome in getting to where he
or she is and take that into account. If the admissions office does
not consider such a factor, as well as other factors, it minimizes the
chances of having a truly diverse campus where all students benefit.”
A uniquely complex
organization
“A university, compared to any other institution in the world, is a
place that always has to be growing and learning because of the very
nature of what we do.” —Teresa Sullivan, February 4, 2013
Like most modern research universities, UVA is a hive of related
but disconnected activities. In addition to offering a full curriculum, the University manages a health care system, retail
operations, entertainment and sports events, real and intellectual
“Just as a disengaged board is dangerous, there are also
consequences when a board, or some of its members,
push too deeply into the roles and responsibilities of
the administration.” —Robert Iuliano
property interests, building and maintenance, and a host of other
concerns. It employs 12,500 and has an annual operating budget of
$2.6 billion. “A university, particularly a large research university,
does just about everything,” says Iuliano. “It is its own town in a
way, but with international impact.”
The University health system is especially vast and complicated.
Having a medical school and running a hospital are in the public
interest, but the scope of medical research and applied discovery
drives a much larger enterprise. The sprawling business that has
evolved is hardly what was originally contemplated, and it presses
the expertise of president and board alike to set goals and allocate
resources.
“It’s not as if the president of UVA woke up one day and said,
‘Hey, I’ve got a great idea, why don’t we get into the health care
business!”’ jokes William B. Fryer ’74, a trustee of the Law School
Foundation as well as the College Foundation. “No one would
have done that. All institutions that are deep into the health care
business struggle with it.”
Another feature of the 21st-century university that tests
conventional management practice is the composition of its
stakeholders. Renowned brands, like UVA, reinforce their leadership by engaging as many constituencies as possible. Faculty,
students, staff, parents, alumni, patients, private industry, policy
makers, legislators, news media—these are just some of the groups
that care about a place like UVA and have their own expectations
of what it should be. Of course, they each see the role of the
university differently, which puts the institution in the unusual
position of wanting a large fan base with disparate interests. The
great universities make it work, but they have had to adapt.
One conspicuous change is the increase in administration. It’s
a fair complaint, but consider the growth in regulation by state
and federal governments, whose involvement in university affairs
requires more legal and compliance functions. “Forty years ago
people like me didn’t exist,” says Iuliano. “Harvard had no need for
a general counsel. Now, I have 13 lawyers working for me. Why?
Because there are a whole set of regulations and legal obligations
that we have to meet.”
Further, a university is inherently decentralized. The work of
faculty often spreads into other fields but is not easily coordinated
across the university. Joint scholarship and discovery can be slow
coming to market or reaching a wider audience because departments naturally protect their own turf and want to reward their
own. Concerns about hiring, promotion, and tenure tighten the
knot. “In an abstract sense the faculty wants interdisciplinary
work, but they have to figure out who gets credit for these collaborations,” says Cohen.
For example, should a faculty member from one school
co-teach in another school? If so, who pays, and how much? If
students take courses in other schools, should their tuition be
apportioned? That leads to thinking in silos, says Cohen. “If
people started internalizing the idea that to be a full citizen of the
university you must branch out into other disciplines, and that was
made part of the job description and the tenure standards, then
faculty members would start caring more about it.”
These hurdles are not unique to UVA and its peers. “It’s a
complicated set of issues,” says Iuliano, “but I’m not prepared to
despair that they aren’t solvable. At the end of the day, individual
faculty members will also recognize that their work will benefit if
they can interact with people who have a different set of skills and
perspectives. I think the responsibility of the university is in part to
make that collaboration as easy as possible by gradually reducing
the barriers.”
According to Cohen, faculty see their role broadly as research
(creating knowledge), teaching (disseminating it), and service
(interacting with university administration and the public at
large). “I think some of the controversies about higher education
arise from differences on how to balance those three things,” he
says. “Certainly the faculty believes strongly that those three things
interrelate and feed on each other. I don’t think that’s always the
perception outside academia.”
UVA LAWYER / SPRING 2013 25
26 UVA LAWYER / SPRING 2013
“… to lose the opportunity at this particular
juncture, which may be the best time
to consider a major change, would be
profoundly disappointing.” —William Fryer
Finally, a university’s “product” is not just unique in content,
but also in kind. An economist might say higher education offers
an “associative good,” where the value to the buyer is determined
by consumer demand. “The quality of the students we bring here is
a big part of the product that we’re selling,” Cohen explains. “The
University is selling its students to each other in some sense, and
part of the result of that is a constant desire to improve student
quality in response to increase in demand.”
The challenge of
university governance
Just as major research universities bear little resemblance to ordinary businesses, the way their governing boards are put together
and fit with the institution is different, too. Directors of for-profit
companies focus primarily on earnings and shareholder value
in judging management. Even most non-profit boards tend to
identify discrete, measurable goals since their charitable purpose is
clear and specific. As a result, in most cases the board and management see the same ends and the same way forward. Not so for the
modern public research university.
Jeffrey C. Walker (McIntire ’77) chairs UVA’s Council of
Foundations, a panel of representatives from the boards of the
University’s schools and related foundations. He is also immersed
in the University’s strategic planning process. Walker’s view is that
traditional governance structures fail to recognize the number
of stakeholders in a university’s success, and lack the patience
necessary for management to make changes that will take time to
be accepted and demonstrate results. “The Board of Visitors needs
to be listening so people feel like they are part of the process,” he
says. “No one has ultimate authority or power. If you think you
do, you’re wrong. Whether it’s the administration, the deans, the
faculty, the students, the alumni, the surrounding community,
the legislature, the governor … if any of those dominate, it’s
going to be a problem. There must be an atmosphere that brings
together the best of everyone’s ideas and then allows people like
Terry Sullivan to lead us to the next hill.”
Parsky made the same observation about the University of
California system. “It was very hard for trustees, students, faculty,
and the administration to have a real working relationship,” he
says. “As the chair [of the Board of Regents], I took an incredible
amount of time to meet with each of those groups at various
campuses, but it takes that effort to have a link to them.”
Being an effective trustee is no longer as simple as showing up
at meetings. Trustees may be smart and successful, but they must
learn the daily work of the institution as well as the soft skills of a
university fiduciary. “Maybe the Board of Visitors should ask one
of the former provosts, or a past rector like Gordon Rainey [’67],
to mentor new members,” says Walker. “They should go out and
start meeting with different sets of deans or spend more time
with other constituents. But that takes time, and it’s not easy for
somebody with their own full-time job. Instead, you have a board
that handicaps itself.”
Process matters
The events of last summer at UVA suggest that trustees may
underestimate the demands of board service and the reach of their
experience. “Trust me,” says Walker. “There are a lot of people in
the business world who come on these boards, whether it’s a hospital or an arts institution or a university, thinking they’ve been on
many boards and can walk in and try to apply the corporate model
they know. It doesn’t work.”
Michael J. Horvitz ’75, the former Chair of the Law School
Foundation board of trustees, has found that lawyers and
UVA LAWYER / SPRING 2013 27
“No one has ultimate authority or power. If you
think you do, you’re wrong.” —Jeffrey Walker
consultants often make effective board members even though
lawyers are somewhat out of favor on corporate boards. Both
spend their entire professional lives persuading people to do the
right thing because they cannot force anybody to do anything.
Corporate executives often have a more difficult time for that very
reason. They make decisions and give orders every day on their
own authority. Building consensus takes longer, and may reveal
weak support for an idea—but that is the virtue of process in
an academic community. Success is achieving objectives that are
universally valued inside and outside the university. Anything less
risks dividing the institution.
“I’ve seen corporate executives become very good board
members, but I’ve also seen some drop off boards because they
can’t stand wasting all this time in meetings,” says Horvitz. “When
you translate that, what they really mean is they don’t want to have
to talk to people and build consensus, they just want to figure out
the right thing to do and then tell them to get it done. But that’s
just not the nature of board work.”
Finding the right person
The path to membership on a university board rewards loyalty and
affinity, but also philanthropic and political support. Depending
on what mattered most, a new trustee could be an imperfect fit
with the culture of the institution or the governing style of the
board. Someone accustomed to uncontested leadership will soon
recognize that at best they are first among equals. Altruism and
humility do not solve every problem, but they do define boards
that work well together.
“They should be collegial people who have the best interest of
the institution at heart,” says Horvitz. “They should be people who are
not looking for their own aggrandizement, or to order the president or
dean around. They should be people who can work collaboratively.”
28 UVA LAWYER / SPRING 2013
Iuliano agrees. “In any sphere—industry, higher education,
other non-profits—good governance requires a collaborative and
interactive relationship between the board and the administration,
and especially between the board and the president. That’s not to
say the fiduciaries and the administration serve the same function;
they do not. Just as a disengaged board is dangerous, there are also
consequences when a board, or some of its members, push too
deeply into the roles and responsibilities of the administration.”
An advantage trustees typically have over administrators is
their personal connection to elected officials. They are closer to the
political process and know the minds of their lawmakers. Parsky
believes these are assets that board members should use on behalf
of the institution. “One of the things I suggested was to get the
regents more involved in Sacramento. It’s not just the university
administration that should be advocating for the university. It
should also be the trustees. Their willingness to do that should be
one of the conditions of appointment by the governor.”
In that connection, an unintended consequence of public
governance is the chilling effect of open meeting laws. Designed to
guard against irregularity and promote accountability, they have
instead stifled frank discussion. In Virginia, no more than two
members of a public board can talk about the business of the board
without triggering sunshine laws. “How can anybody have a free
flow of ideas?” asks Walker. “Everything is being vetted in front of
the press and they’re hanging onto your every word and catching
every mistake. It’s actually debilitating to free speech. In Michigan
and other states they can meet as long as they don’t vote on and
make decisions, so that the decision process is actually public but
the consultation and the process can be in any form it wants.”
“Boards are deliberative bodies,” says Horvitz. “They can’t
function in a fishbowl.” The board should be able to unpack issues
in a candid and confidential environment, while keeping public the
actions they take and the rationale behind them. “But the public
doesn’t need to know every single thing that somebody considered
and decided not to do,” cautions Horvitz. “Their inability to have
candid discussions about options hamstrings the board. It’s easy
to get off track. You need the group discussion to bring you back
to reality.”
Moreover, a board should set priorities and guidelines for an
institution and not try to manage how to implement them. “That’s
the administration’s job,” says Horvitz. “The rector doesn’t have the
right to be giving orders to the president. The job of a member of
a governing board, particularly a chair of a governing board, is to
build consensus to get disparate factors moving in the same direction. That requires a very different skill from being an effective
corporate executive or an effective military general, where your job
is to give orders and expect them to be followed.”
The Law School Foundation, for example, has an independent
board that oversees the management of private gifts held exclusively for the Law School. The Foundation funds a material portion
of the Law School’s budget. In theory, the board could express
disagreement with the dean by withholding money, “but I’ve never
seen that happen,” says Horvitz, who chaired the Foundation board
from 2002 to 2008. “I’ve seen plenty of collaborative discussions
about priorities between the dean and the Foundation trustees, but
the culture of the Foundation really works hard to foster a strong
relationship with the Law School. We view our mission as supporting the Law School and not trying to direct it or move it off course.”
The “Defining Moment”
The UVA community learned last June that it was not immune
to boardroom drama after the Rector and Vice Rector emailed a
stunning edict. “On behalf of the Board of Visitors,” it read, “we
are writing to tell you that the Board and President Teresa Sullivan
today mutually agreed that she will step down as president of the
University of Virginia effective August 15, 2012.”
What ensued was a backlash against poor governance. The
BOV’s action was seen as a breach of trust, at odds with faculty and
student opinion and short on courtesy and due process. The BOV
eventually reinstated Sullivan as president, a popular move that let
the healing begin. It was, in Sullivan’s words, a “defining moment.”
Cohen, who had been installed as Chair of the UVA Faculty
Senate only a few days earlier, was in San Diego for a wedding
when he read the announcement. He immediately recognized there
were serious corporate governance failings. Cohen also wanted,
and expected, a fuller explanation from the BOV. “My first reaction
was that there must be some kind of scandal for the BOV to have
acted so suddenly, but there wasn’t,” Cohen says. “In terms of governance, it’s just not good business practice to dismiss a university
president without following a transparent process.”
From the start, the BOV was beset by questions of process and
fairness and never spoke as one about why it demanded Sullivan’s
resignation. The Rector’s refusal to elaborate, other than to claim
“philosophical differences” and privileged “personnel matters,”
only inflamed public suspicion. The Rector could have canvassed
the Visitors’ positions in an executive session of the whole board.
Instead, it appears she conducted a series of private conversations
with individual BOV members. “I think she made the wrong
decision,” Horvitz says. “A lot of good comes from talking through
these issues with the full board. When you are deprived of that,
you get the kind of result that happened last year.”
Ten days after it started, the BOV voted unanimously to undo
its action and re-unify the University. “I think we all feel good
about the fact that we rallied to her defense and got the president
back,” says Walker.
A months-long investigation of the matter by the American
Association of University Professors concluded in March that the
“breakdown in governance at the University of Virginia … was
only partly a result of structural failure; indeed, the board ignored
its own recently adopted guidelines on presidential evaluation. In
“A lot of good comes from talking through these issues with
the full board. When you are deprived of that, you get the
kind of result that happened last year.” —Michael Horvitz
UVA LAWYER / SPRING 2013 29
much greater measure it was a failure by those charged with institutional oversight to understand the institution over which they
presided and to engage with the administration and the faculty in
an effort to be well informed. It was a failure of judgment and, alas,
of common sense.”
For his part, Cohen emerged as a visible leader of an invigorated Faculty Senate. As a law professor, he concentrated on matters
of governance to help resolve the crisis. Faculty groups around
the country have consulted him to improve relations with their
own governing boards. “It’s interesting how much this story has
resonated with such a wide variety of people,” he says. “These are
people who are very worried and would like the magic formula for
how we did it, but there is no magic formula. We had a very lucky
alignment of the planets, and it’s not easily replicated.”
The UVA Council of Foundations has also created a committee
to study governance at the University and make recommendations
to the BOV. It is coordinating its efforts with the strategic planning working groups. A central theme is emerging. “Governance
follows rather than precedes,” explains Fryer. “If you’re designing
governance for an educational institution, you do so after you’ve
set your mission and general agenda and then structure yourself
accordingly. The fact that the University is embarking on this at the
insistence of the Board of Visitors, and with the cooperation and
leadership of the president, means there should be a significant
degree of patience to allow that process to play out.”
What now?
At the head of the strategic planning effort is President Sullivan.
Her goal is to “assess UVA’s strengths and weaknesses, set
priorities, and chart a bold, achievable course for the University’s
future … [that will] re-examine and re-imagine the University
as we approach its third century.” She oversees working groups
devoted to faculty retention and development, resources, student
life and career services, technology, synergy, and the ideal of the
public university.
Sullivan has asked this last group to answer three primary
questions. What does it mean to be a public university in the 21st
century? To what extent can a public mission be pursued in the
face of declining state support? How do we make a compelling case
to the people and legislators of the Commonwealth that the worldclass excellence of UVA benefits them as well as the nation?
Walker is encouraged. “I was in the 2020 process [an earlier
strategic planning effort begun in 1998] and this one is much
more collaborative, less top down with more teams representing
all the stakeholders radiating up from below,” he says. “To ensure
To its credit, the BOV moved swiftly to address these questions after
it reinstated Sullivan. It created a special committee on governance
and engagement to recommend policies that would facilitate its
interaction with the administration. The BOV also gave its imprimatur to a special committee on strategic planning to develop, with the
administration, goals for the academic enterprise.
Fryer notes that governance often entails making hard calls
without the benefit of hindsight. What seems like a good decision
may later prove unwise. He therefore cautions university leaders to
think beyond the moment. “First, you have to be careful and considerate and reflect on the long-term implications, not just the mood
of the day, about what kind of governance structures to adopt.
Second, you need to distinguish between individuals who may not
be up to the task and a flaw in the structure itself. Individual failures
can force changes in structure that may not be warranted.”
A “Grand Bargain”
“… there is no magic formula. We had a very
lucky alignment of the planets, and it’s not
easily replicated.” —George Cohen
30 UVA LAWYER / SPRING 2013
UVA LAWYER / SPRING 2013 31
Anticipating
and
knowing
that many
of and
chancellor
mightthose
makechallenges
six or seven
hundred
thousand
dollars
full involvement by the BOV, I suggested that the [BOV] Strategy
California’s
legislators
the UC
systemthey
or had
say that’s a reason
theygraduated
don’t needfrom
any more
money,
earn too
Committee co-chairs, Frank [Atkinson ’82] and Lin[wood Rose],
children
in it,
Parsky“What
alwaysthey
started
the proposition,
participate more often in the administration-led joint stakeholder
much,” says
Parsky.
don’twith
appreciate
is that in “Do
orderyou
to
want
to maintain
theof
quality
of thisinstitution,
institution?”
is alstrategy committee meetings. I also hoped the rest of their board
maintain
the quality
the public
you“The
haveanswer
to compete
ways
yes,” heinstitutions
says. “Then for
youthe
have
to walk
themadministrators
through what that
committee would also come so that when we present our strategy
with private
highest
quality
takes
and beThe
ableadministration
to demonstrateofthat
you are
carefullyhas
controlling
plan in August it will be a partnership-oriented document where
and faculty.
a public
university
to be
administrative
costs, and then defang the politician by saying here’s
everyone is already on board.”
prepared for this.”
what
the costs ofthose
administration
ten years that
ago,many
and here’s
Sullivan’s report to the BOV in February reveals her ambitions
Anticipating
challenges were
and knowing
of
what
they are
today—and
we’re educating
more
students.”
for the University. “We are not trying to move from mediocre to
California’s
legislators
graduated
from the UC
system
or had
Parskyinalso
foundalways
that a strong
program that“Do you
good, or from good to great. We are trying to move from great to
children
it, Parsky
startedadvocacy
with the proposition,
politicians“The
who answer
want toiscut
greater. We have no peer institution
want to maintain the qualitychallenges
of this institution?”
althethrough
university
canthat
to serve as a model for what we want
ways yes,” he says. “Then youstate
havesupport
to walkfor
them
what
put those
on the controlling
wrong side
to become, no single peer to which we
takes and be able to demonstrate
that legislators
you are carefully
of
the
issue.
“You’ve
got
to
handle
it
can
affix
our
aspirations,
because
our
administrative
costs,
and
then
defang
the
politician
by
saying
here’s
full involvement by the BOV, I suggested that the [BOV]
One question
Strategyholds enormous
delicately,
but years
if youago,
canand
show
that the
aspiration
to be something
unique ’82] and Lin[wood Rose],
what the costs of administration
were ten
here’s
Committeeisco-chairs,
Frank [Atkinson
political valence in Virginia:
university
wants
to keep
education
and
greatermore
than any
ofinour
what they are today—and we’re
educating
more
students.”
participate
often
thepeers.
administration-led joint stakeholder
for students,
and
reducing
Our
aspiration
is to meetings.
create a future
Parsky also found that a affordable
strong advocacy
program
that
chalstrategy
committee
I also hoped the restShould
of theirthe
board
University’s relationship
will force
in
version
of this
University
thatsoisthat
better,
lenges politicians who want state
to cutfunding
state support
for an
theincrease
university
committee
would
also come
when we present our strategy
with
the
Commonwealth
change
in
tuition,
you’ll
on the
stronger,
and more
innovative
than
can put those legislators on the
wrong
sidebeofpositioned
the issue. “You’ve
plan in August
it will
be a partnership-oriented
document where
right
side.”
our
current
self.” on board.”
got to handle it delicately, but
if you
can show that the university
everyone
is already
some significant degree?
Fryer
there are
The
BOV’sreport
Committee
on in February reveals her ambitions
wants to keep education affordable
foracknowledges
students, andthat
reducing
state
Sullivan’s
to the BOV
those
who just
wantbetopositioned
smooth over
Governance
has already
implemented
funding will force an increase
in tuition,
you’ll
on
for the University.
“We are
not trying to move from mediocre to
the obvious edges in the governance
some
bornWe
of are trying to move from great
the right side.”
good, recommendations
or from good to great.
victory.
Sullivan’s
such
Fryer acknowledges that structure
there are and
thosethen
whodeclare
just want
to
to greater.botched
We havedismissal,
no peer institution
to serve as a model for
But
thereover
are the
others
who want
for the strategic
planning
as
having
faculty
on BOV committees
as to
non-voting,
smooth
obvious
edgesto
inwait
the governance
structure
and
what
we want
to become,
no single peer
which we consulting
can affix our
effort
to playvictory.
out andBut
thenthere
workareonothers
governance.
“I’mtomore
in that
members.
The
BOV is
also
turning the
on itself,unique
addressing
then declare
who want
wait for
the
aspirations,
because
our
aspiration
is tomirror
be something
and
latter
camp
becauseeffort
I hope
lives
up to its
the
duration
of term
limits,
teaching
new members
to become
strategic
planning
to that
play the
out strategy
and thenprocess
work on
governance.
greater
than any
of our
peers.
Our aspiration
is to create
a future
objectives
thatlatter
it setscamp
the course
forI hope
the University
in a positive,
meaningful
fiduciaries,
and
re-thinking
an appointments
“I’m moreand
in that
because
that the strategy
version of this
University
that
is better, stronger,
and moreprocess
innovamaterial
way.up
I think
danger and
herethat
is that
youthe
endcourse
up with
that
lacksour
continuity
process lives
to itsthe
objectives
it sets
forathe
tive than
currentfrom
self.” one board to the next.
‘small
ball’ in
outcome
thatmaterial
won’t serve
University
well. here
There
But
these are
issues compared
the one
University
a positive,
way.the
I think
the danger
is are
The Fryer
BOV’sthinks
Committee
on small
Governance
has alreadytoimplemented
understandable
about
controversy
and won’t
political
managethat
enormous political
valence
in Virginia:
the such
that you end up concerns
with a ‘small
ball’
outcome that
serve
the
someholds
recommendations
born of
Sullivan’s
botchedShould
dismissal,
ment,
but to
loseThere
the opportunity
at this particular
University’s
relationship
the Commonwealth
change
in
University
well.
are understandable
concerns juncture,
about conas having faculty
on BOVwith
committees
as non-voting,
consulting
which
may
the bestmanagement,
time to consider
change,
would be
some
significant
degree?
“Some
issues—more
autonomy
for the
troversy
andbepolitical
but atomajor
lose the
opportunity
at
members.
The BOV
is also
turning
the mirror on
itself, addressing
profoundly
disappointing.”
University,
ratios,
tuition—are
sobecome
controthis particular
juncture, which may be the best time to consider a
the durationin-state/out-of-state
of term limits, teaching
new
members to
Fewchange,
observers
think
UVA’s prevailing
reputation—a major
versial
that iffiduciaries,
you merely
putre-thinking
the words an
outappointments
there you create
a
major
would
be that
profoundly
disappointing.”
meaningful
and
process
university
famed for
delivering
an intimate
and
powerful student
political
that’s
of the
problem,”
Few observers
think
that UVA’s
prevailing
reputation—a
major
that lacksfirestorm,
continuityand
from
onepart
board
to the
next. says Fryer. “An
experience—will
change.
But the
there for student
Virginia
analogy
mightthinks
be to these
the Grand
Bargain
they
keep trying
to one
get in
university famed for
delivering
anopportunity
intimate andispowerful
But Fryer
are small
issues
compared
to the
to
lead a broader national
effort
re-definesisthe
nature
of a
Washington.
You can’tpolitical
get the little
things
done because
experience—will
change. But
thethat
opportunity
there
for Virginia
that holds enormous
valence
in Virginia:
Shouldthey’re
the
great
university.
Jefferson
established
thethe
University
fora
intractable,
the only way
tothe
get Commonwealth
the little things done
is to
to leadpublic
a broader
national
effort that
re-defines
nature of
University’s so
relationship
with
change
inhave a
that
reason
under similar
circumstances.
A University
combination
Grand
Bargain.”
greatvery
public
university.
Jefferson
established the
forof
some signifi
cant degree? “Some issues—more autonomy for the
imagination
andunder
courage
couldcircumstances.
re-launch UVAAon
the eve of its
In California,
Parsky found that
once
such questions
move
that very reason
similar
combination
of
University,
in-state/out-of-state
ratios,
tuition—are
so controbicentennial
in 2019.
into
thethat
political
headlines
try to
highlight
imagination and
courage could re-launch UVA on the eve of its
versial
if youarena,
merelyofficials
put theseeking
words out
there you
create
a
“The alumni
would financially embrace innovative thinking,”
things
that
distort the
“They
willproblem,”
pick out the
that“An
a
bicentennial
in 2019.
political
firestorm,
andpicture.
that’s part
of the
saysfact
Fryer.
says“The
Fryer.alumni
“This is
the time
to do it.”
He is encouraged
the
chancellor
might
or seven
hundred
thousand
would
financially
embrace
innovative by
thinking,”
analogy might
be make
to thesix
Grand
Bargain
they keep
tryingdollars
to get and
in
concerted
Grounds
thisischallenge,
andbyhopes
say
that’s a reason
they get
don’t
more
money,
theythey’re
earn too
says Fryer. effort
“This on
is the
time totodomeet
it.” He
encouraged
the it
Washington.
You can’t
theneed
littleany
things
done
because
ends
in success.
been in touch
with
of the
leaders
much,”
says so
Parsky.
“What
don’t
that in
order
concerted
effort“I’ve
on Grounds
to meet
thisseveral
challenge,
and
hopesofit
intractable,
the only
waythey
to get
the appreciate
little thingsisdone
is to
havetoa
these
groups
and,
believe
they’rewith
up to
the task,”
Fryer.of
maintain
the quality of the public institution, you have to compete
ends in
success.
“I’ve
beenme,
in touch
several
of thesays
leaders
Grand Bargain.”
“They’re
not and,
goingbelieve
to shirk
from
big thinking.
is, are
withInprivate
institutions
thethat
highest
administrators
these groups
me,
they’re
up to the The
task,”question
says Fryer.
California,
Parsky for
found
oncequality
such questions
move
Q is, are
they
going
to going
be allowed
to tackle
thethinking.
really bigThe
issues?”
and
The administration
of a public
university
hashighlight
to be
“They’re
not
to shirk
from big
question
into faculty.
the political
arena, officials seeking
headlines
try to
prepared
this.” the picture. “They will pick out the fact that a
they going to be allowed to tackle the really big issues?” ■
things thatfordistort
32 UVA
32
UVA LAWYER
LAWYER // SPRING
SPRING 2013
2013
FACULTY NEWS & BRIEFS
Daniel J. Meador, 1926–2013
D
aniel J. Meador, a renowned
University of Virginia law
professor known for his work in
establishing a new federal appeals
courts, died February 9, at age 86 after
a short illness.
Meador was known for his work
in teaching and for the government, having attained degrees from
Auburn, the University of Alabama,
and Harvard. He was also known for
continuing his work, almost uninterrupted, after he became blind in the
late 1970s due to detached retinas.
“That would have defeated many,
many people. … It was almost like
he didn’t miss a beat,” said F.D.G.
Ribble Professor Emeritus Stanley D.
Henderson. “It was really marvelous to
observe.”
Henderson taught contracts to
first-year law students, while Meador
taught them civil procedure. He called
Meador “a splendid man, elegant in style
and approach,” and praised his sense of
humor and his teaching.
“He never took himself too seriously,”
Henderson said. “He was never grim about
things. He was a thoughtful and careful
person about what he said and what he did.”
Meador was born December 7, 1926,
is Selma, Ala., and colleagues recalled he
carried a Southern accent with him. He
served in the U.S. Army during the Korean
War, spending time in the artillery and in
the Judge Advocate General’s Corps. He
clerked for Justice Hugo L. Black of the
Supreme Court of the United States.
After spending time in private practice
in Alabama, he came to Virginia in 1957.
He was a Fulbright lecturer in England in
1965, and in 1966 he became the dean of
the University of Alabama School of Law.
In 1970 he returned to the Law School,
where he remained until he retired in
1994. He also was founding director of the
school’s graduate program for judges.
He received the Raven Award and
the Thomas Jefferson Award, along with
numerous other professional recognitions.
“Dan Meador lived an extraordinarily
full life as a teacher, scholar, dean, public
servant, legal reformer, and novelist,” wrote
Dean Paul G. Mahoney in an email. “He
inspired generations of students and even
in retirement his intellectual energy and
commitment to improving the administration of justice did not fade.”
From 1977 to 1979, Meador was
an assistant attorney general for the
U.S. Department of Justice, where
he organized the new Office for
Improvements in the Administration
of Justice, which developed solutions
for problems in federal and state
courts.
Among the office’s accomplishments was a proposal, which Congress
adopted, that joined the U.S. Court of
Claims and the U.S. Court of Customs
and Patent Appeals, creating the U.S.
Court of Appeals for the Federal
Circuit.
At the same time, Richard A.
Merrill, another Law School colleague
of Meador’s, was also working for the
government in Washington. “Both
of us regard those periods [of] legal
service to the public as the most
important work we did,” Merrill said.
Merrill also said Meador had a
charming sense of humor.
In 1983 Meador spent three months in
East Germany, studying the Eastern Bloc
country’s legal system.
He served on a number of boards,
and was active well after his retirement
from teaching. He served on the board
of the Charlottesville unit of Recording
for the Blind and Dyslexic, and was an
elder at First Presbyterian Church of
Charlottesville.
He is survived by his wife, Alice P.
Meador of Charlottesville, three children,
Barrie Meador Boyd, Anna Meador
Palms, and Daniel J. Meador Jr. ’92, seven
grandchildren, and a brother. His former
wife Jan died in 2008. They had been
married 52 years.
—courtesy of The Daily Progress
UVA LAWYER / SPRING 2013 33
FACULTY NEWS AND BRIEFS
…
Jeffrey O’Connell, 1928–2013
J
effrey O’Connell, a pioneer
of insurance law reform and
a member of the University
of Virginia School of Law’s
faculty for 32 years, died
January 6, at the age of 84.
“By seeing the connection
between tort law and
insurance law, Jeff O’Connell
transformed both and
influenced scholars, judges,
and legislators,” said Dean
Paul G. Mahoney. “He was also
a beloved teacher and mentor
to generations of Virginia
students. We will all miss his
intellect, wit, and charm.”
In 1965 O’Connell
and Harvard Law School
professor Robert Keeton
co-authored the landmark
book, Basic Protection for the
Traffic Victim: A Blueprint
for Reforming Automobile
Insurance, which envisioned
a more efficient system for
handling claims that was
dubbed “no-fault” insurance.
O’Connell and Keeton—
who went on to become a
federal judge and died in
2007—lobbied across the country for nofault insurance laws. At least a dozen states
implemented no-fault laws, while several
others enacted variations. O’Connell also
traveled around the globe to push for the
idea, helping to launch the concept in
Israel, Australia, and New Zealand.
Later O’Connell fought for decades
for similar laws to apply to medical
malpractice cases. Most recently, he
helped draft the nation’s first “early offer”
system for medical malpractice claims,
which became law in New Hampshire
in 2012. The law established incentives
34 UVA LAWYER / SPRING 2013
for defendants to make offers early in
the litigation process to cover plaintiff ’s
economic losses, such as for lost wages and
medical bills.
Guido Calabresi, a senior judge on the
U.S. Court of Appeals for the 2nd Circuit
and preeminent tort scholar, said he
“thought the world” of O’Connell.
O’Connell, who graduated from
Harvard Law, joined UVA Law in 1980
and taught insurance and torts until his
retirement. At the Law School, he was
the Samuel H. McCoy II Professor of Law
Emeritus.
Prior to joining UVA’s
faculty, O’Connell taught at
the University of Illinois for
16 years and was a trial lawyer
in Boston with the firm of
Hale & Dorr.
He also taught at the
University of Iowa and
was a visiting professor at
Northwestern University,
the University of Michigan,
Southern Methodist
University, the University of
Texas at Austin, the University
of Washington, and Oxford
and Cambridge universities in
England.
In recent years O’Connell
helped design an “early offers”
plan in which businesses
facing personal injury lawsuits
could promptly pay injured
parties for out-of-pocket
medical expenses and lost
wages.
Since 1966 O’Connell
wrote or co-wrote 12 books
dealing with accident law,
published dozens of articles
on tort and insurance law,
and lectured across the
United States and around the world. He
never stopped pushing for reform, despite
opposition from many quarters.
O’Connell is survived by his daughter
Mara O’Connell, son Devin O’Connell,
sister Jesslyn McNamara, and brother
Thomas E. O’Connell. O’Connell coauthored many publications with his
brother, who also worked in higher
education.
by Brian McNeill
FACULTY NEWS AND BRIEFS
…
KENNETH ABRAHAM has
published “Four Conceptions of
Insurance” in the University of
Pennsylvania Law Review, and
“Liability for Bad Faith and the
Principle without a Name (Yet)”
in the Connecticut Insurance Law
Journal.
In February Abraham delivered
a tribute to Judge Guido Calabresi
of the United States Court of
Appeals for the Second Circuit,
entitled “Pushing the Quest
Further,” at a program at New
York University Law School. The
school is dedicating an issue of
the Annual Survey of American
Law to Judge Calabresi.
Last fall CHARLES BARZUN
published three articles: “Impeaching Precedent” in the
University of Chicago Law Review;
“The Forgotten Foundations of
Hart & Sacks” in this spring’s
Virginia Law Review; and “Legal
Rights and the Limits of Conceptual Analysis: A Case Study” in
Ratio Juris.
Last fall the Law School’s child
advocacy clinic directed by
ANDREW BLOCK released a report
on religious exemptions from
school attendance in Virginia.
The report generated substantial
media coverage (including
favorable editorial coverage) and
discussion. Students are working
on a similar report, which will
also involve distribution of
surveys, on the practice of
in-court shackling of juvenile
defendants in Virginia.
In January RICHARD BONNIE ’69
testified during the opening
session of the Sandy Hook
Advisory Commission appointed
by Connecticut Governor
Daniel P. Malloy in the wake of
the tragedy in Newtown on
December 1. He reflected, at the
governor’s request, on Virginia’s
response to the Virginia Tech
shooting in April 2007. Bonnie
helped to guide Virginia’s mental
health and campus security
policies as chair of the
In November MARGO BAGLEY presented
“The International Patent System” at the State
Intellectual Property Office of China Intensive
Training Program at Cardozo Law School,
Yeshiva University in New York.
In February she presented “The Who, What,
When, Where, Why & How of Patent Subject
Matter Eligibility Disputes” at the Manzo
Scholarly Symposium at DePaul University
School of Law.
In March she was speaker and moderator on
“Agricultural Innovation in Africa,” “Facilitating Innovation Through Technology
hnology
Transfer,” and “IP and Development
opment
in Africa” at a U.S. Department
nt
of Commerce CLDP/Africa IP
P
Group Workshop on IP Utilizazation and Protection in Africa,,
Dar es Salaam, Tanzania. She
was also a panelist on “Patents
ts
and the Supreme Court,” at
the Georgetown University
Law Center Conference: The
Commonwealth’s Commission on Mental Health Law
Reform and as advisor to the
Virginia Tech Review Panel.
The Sandy Hook Commission also heard from former
Governor Bill Ritter of
Colorado who served on the
Columbine investigative panel
in 1999.
The next day Bonnie
participated in a roundtable
conversation in Richmond at
the invitation of Vice President
Joe Biden to discuss the lessons
learned from the Virginia Tech
experience to get feedback on
the White House’s recently
announced plan for reducing gun
violence. Also participating in
the 20-person roundtable were
Virginia Senator Tim Kaine,
Changing Patent Landscape in Washington, D.C.
In April she presented “The Wheat and
the (GMO) Tares: Lessons for Plant Patent
Litigation from the Parables of Christ” at
the University of St. Thomas Symposium on
Intellectual Property and Religious Thought;
and “Patent Subject Matter Eligibility” at the
University of Minnesota School of Law Patent
Conference in Minneapolis.
Bagley published with Ruth L. Okediji &
Jayy A. Erstling,
g International Patent Law and
Policyy (W
(West Publishing). In June
published “Pharmaceutical
she p
Data Exclusivity Protection,”
Da
a book chapter in Josef
Drexl and Nari Lee eds.,
Pharmaceutical Innovation, Competition and
Patent Law: a Trilateral
Perspective (Edward Elgar
Publishing).
P
UVA LAWYER / SPRING 2013 35
FACULTY NEWS AND BRIEFS
…
Richmond Congressman
Bobby Scott, Homeland Security
Secretary Janet Napolitano ’83,
and Health and Human Services
Secretary Kathleen Sibelius.
In March Bonnie also made
presentations on mental health
and firearm policy at the Bloomberg School of Public Health at
Johns Hopkins University and
on advance directives in health
care at the UVA Health Policy
Center. In April he presented the
keynote address at a conference
on “Criminalization of Mental
Illness” at the University of
Southern California Law School,
as well as made a presentation on
mandatory outpatient treatment
(jointly with Professor John
Monahan) to the Sandy Hook
Advisory Commission.
In May he presented on the
lessons of current transformation of U.S. tobacco policy for
recent state proposals to legalize
marijuana at a workshop for state
lawmakers sponsored by Families
in Action in Atlanta; and on
driving safety and neuropsychiatric disorders at the American
Psychiatric Association Annual
Meeting in San Francisco.
Also in May Bonnie agreed
to chair a new study for the
National Academy of Sciences
on improving the health, safety,
and wellbeing of young adults.
This project, which began its
work with a scientific workshop
in Washington, D.C., is intended
to take a comprehensive look
at what is known about 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. In what is
expected to be a two-year study,
the committee will identify
research needs as well as policy
implications of its findings.
In February DARRYL BROWN ’90
presented a paper, “The Ambiguity
of Efficiency in Adjudication,” to
the faculty in a workshop at
Fordham Law School. In March he
served as a commentator and
panelist at the Criminal Justice
Scholars Forum at University of
Florida Law School. In April he
presented a paper, “Democracy and Markets in Criminal
Adjudication,” at the New York University Criminal Law
Colloquium, and then on a panel at the Law and Society
Association annual meeting in May.
Brown is working with Brandon Garrett to organize and
co-host a criminal justice scholars’ working papers conference
at the Law School in June where they will both, among others,
present works in progress.
36 UVA LAWYER / SPRING 2013
In August JON CANNON was
reappointed to the National
Academy of Sciences’ Board of
Environmental Studies and
Toxicology, and in October he
was elected to the Board of
Regents of the American College
of Environmental Lawyers.
In April Cannon gave a
presentation on “Religion and Environmental Law” at the Stegner
Center’s 18th Annual Symposium
in Salt Lake City. He continues
work on a book on environmentalism and the Supreme Court,
which he hopes to finish in draft
by the end of this year.
Cannon served as co-chair of
a recent conference at the Law
School, “Making Conservation
Sustainable: Institutional Design
and the Natural Environment.”
Co-sponsored by the National
Fish and Wildlife Foundation
and Vanderbilt Law School,
the conference focused on a
critical question emerging in the
conservation field—designing institutional arrangements that will
protect conservation gains when
governmental or private philanthropic interventions come to an
end. Conference co-chairs will
prepare a white paper to guide
future interdisciplinary research
on aspects of this question.
In October GEORGE COHEN
spoke on the University governance crisis to the American
Association of University
Professors Annual Conference on
Faculty Governance and to the
University of Michigan Faculty
Senate, and in January to the
Maricopa County Community
College District Faculty Association and to the National
Association of Student Professional Administrators–Alabama.
In February he delivered an
ethics presentation, “Beyond
the No-Contact Rule: Ex Parte
Contacts by Lawyers with NonClients” for the J. Reuben Clark
Society Annual Conference at
Georgetown Law School, and
the same paper in March for the
Admiralty Law Institute at Tulane
Law School. A paper based on the
presentation will be published in
the Tulane Law Review.
In April 5 Cohen presented a
paper at a symposium on Transactional Lawyering: Theory,
Practice, and Pedagogy. The
topic will be “The State of Lawyer
Knowledge under the Model
Rules.”
FACULTY NEWS AND BRIEFS
…
In March of 2012 KIM FORDE-MAZRUI
debated former University of California
Regent Ward Connerly on “Fisher v.
University of Texas and the Future of
Affirmative Action.” The event was cosponsored by the Federalist Society and the
Center for the Study of Race and Law.
In April 2012 Forde-Mazrui delivered
a speech entitled “Accessibility as a Civil
Right” at a conference sponsored by the
University of Virginia’s Office for Equal
Opportunity Programs at Newcomb Hall.
In May 2012 Forde-Mazrui delivered a
speech on the constitutional history of
affirmative action at the law firm of Fried,
Frank, Harris, Shriver & Jacobson in
Washington, D.C.
In the fall Forde-Mazrui wrote two
media posts for the Law School website,
one on the pending Supreme Court case on
affirmative action, “UVA Law Professors
Preview Supreme Court Case Involving
Affirmative Action in College Admissions;”
and the other on the pending Supreme
Court case on same-sex marriage, “How
Will the Supreme Court Rule on Same-Sex
Marriage?”
In January he presented a paper at a conference at the University of Pennsylvania
Law School, entitled “Must Government
Ignore Racial Inequality.” He also presented
the paper in April at Wake Forest University School of Law and to UVA’s Working
Group on Racial Inequality.
In March Forde-Mazrui was honored
as this year’s winner of the University of
Virginia’s John T. Casteen III DiversityEquity-Inclusion Leadership Award.
As described by the Office of the Vice
President and Chief Officer for Diversity
and Equity, “[t]he award honors a member
of the University community who best
This spring KEVIN COPE presented his
research at the American Society of
Comparative Law–Younger
Comparativists Committee Conference
at Indiana University’s Robert H.
McKinney School of Law, and at
Washington University School of Law’s
Annual Workshop on International
and Comparative Law. His article, “The
Intermestic Constitution: Lessons
From the World’s Newest Nation,” will
be published this spring in the Virginia Journal of International Law.
In April Cope served on the “Federalism, Foreign Affairs, and
Foreign Judgments” panel at the Law School’s Sokol Colloquium on
Private International Law, which dealt with foreign court judgments
and the U.S. legal system. As part of the colloquium, Cope is investigating empirically the relationship between a forum’s substantive law
and plaintiffs’ success in securing foreign judgment recognition.
This summer Cope will serve as a visiting associate professor
of law at Georgetown University Law Center, where he will teach
International Law I.
demonstrates a dedication to leadership
and the ability to create a setting in which
the promotion of diversity, equity, and
inclusion is paramount.”
In February ANNE COUGHLIN was
co-organizer of a conference on
“Women in Combat: The Path
Towards Integration” held in
Washington, D.C. The conference
grew directly out of the Molly
Pitcher Project, which she started
with Law School students in 2011.
In April Coughlin participated
in a panel on the combat exclusion policy. This panel is part of
a Women’s Summit, which will
take place at West Point. She was
also invited to participate in a law
and language workshop at Johns
Hopkins University.
Coughlin published an article,
“The Accidental Feminist,” as
part of a volume to honor the late
Bill Stuntz ’84, The Political Heart
of Criminal Procedure: Essays
on Themes of William J. Stuntz
(Michael Klarman et al. eds.,
Cambridge University Press, 2012).
In March ASHLEY DEEKS’ article, “Consent to the
Use of Force and International Law Supremacy”
appeared in the Harvard International Law
Journal.
UVA LAWYER / SPRING 2013 37
FACULTY NEWS AND BRIEFS
…
In December BRANDON GARRETT wrote a
piece about recent prosecutions of major
financial institutions, “A Christmas Carol for
Bankers,” in the Huffington Post. In February
he gave a talk on eyewitness misidentifications
to the Virginia Association of Chiefs of Police
at their annual conference in Staunton.
This spring Foundation Press is publishing
Garrett’s casebook, Federal Habeas Corpus:
Executive Detention and Post-conviction Litigation, co-authored with Lee Kovarsky; and
Notre Dame Law Review published his article
“Aggregation and Constitutional Rights,”
exploring the relationship between class action
procedures and constitutional rights.
Cornell Law Review published his article
“Habeas Corpus and Due Process” in late 2012
and this year hosted a discussion of the article
to which he wrote a reply to two responses
also published in the review, “Habeas Corpus
Standing Alone: A Reply to Lee B. Kovarsky
and Stephen I. Vladeck.”
Garrett published “Roots of Wrongful
Convictions,” a commentary on a piece
by Peter Neufeld and Sarah A. Crowley in
Comparative Decision Making, (Philip H.
Crowley & Thomas R. Zentall, eds., Oxford U.
Press 2013). He also published a symposium
piece this spring as part of an issue celebrating
the 50th anniversary of Gideon v. Wainwright,
“Validating the Right to Counsel” in the Washington & Lee Law Review. Court Review also
38 UVA LAWYER / SPRING 2013
published a short article,
“Judges and Wrongful
Convictions,” discussing
his research on the role
of judges in preventing
wrongful convictions.
Garrett co-authored
an amicus brief on
behalf of 14 forensic
science scholars, with
Erin Murphy, in the
case of Maryland v. King
currently before the
U.S. Supreme Court,
regarding the constitutionality of arrestee
DNA sampling. In February Erin Murphy
and Garrett wrote an op-ed in Slate titled
“Too Much Information,” that discussed their
views on the case. He wrote a short response
to a piece examining the role of confirmation
bias in criminal justice, “Blinded Criminal
Justice,” in the Journal of Applied Research
in Memory and Cognition, on “The Forensic
Confirmation Bias,” by Saul Kassin, Itiel Dror,
and Jeff Kukucka.
In April he helped organize the Virginia
Journal of Criminal Law annual symposium
which explored eyewitness identification
procedures in Virginia, and featured panels of
psychologists, police chiefs, prosecutors, and
policymakers. Garrett discussed preliminary
results of a survey of eyewitness identification
procedures in Virginia. He also presented a
draft book chapter, “Images of Injustice” (a
chapter in Punishment and Popular Culture,
forthcoming 2014, NYU Press), at a conference organized at Amherst College. Garrett
also gave a talk at Charlottesville’s Tom Tom
Festival on innocence and innovation in the
criminal justice system.
In June, Darryl Brown and Garrett are
organizing a criminal justice roundtable
conference of scholars from nearby law
schools. Garrett will present chapters from his
forthcoming book exploring how corporations
are prosecuted, titled “Too Big to Jail.”
GEORGE GEIS recently completed three writing projects. His
article, “Broadcast Contracting,”
appeared in the Northwestern
University Law Review; an essay
entitled “Gift Promises and the
Edge of Contract Law” will be
published in the Illinois Law
Review later this year; and his
book chapter, “The Economics of
Contract Law: A Business Outsourcing Application” will appear
in Law and Economics, published
in India by Sage Publications.
In April Geis participated
in a corporate law conference
organized by the Center for Law,
Economics and Finance at George
Washington Law School. He also
gave a workshop at the University
of Texas School of Law on an
article draft relating to shareholder litigation. Geis has also
agreed to contribute a chapter
to an upcoming book project
entitled The Research Handbook
on Shareholder Power.
FACULTY NEWS AND BRIEFS
…
In October MICHAEL GILBERT
prepared “Interpreting Initiatives”
(forthcoming in the Minnesota
Law Review) for a symposium
entitled “A More Perfect Union?
Democracy in the Age of Ballot
Initiatives” at the University of
Minnesota.
In December Gilbert presented
“Judicial Independence and
Social Welfare” (forthcoming in
the Michigan Law Review) at the
Law and Economics workshop
at Tel Aviv University School of
Law and again in April to the
Georgetown Law Center.
In May he is presenting
“Campaign Finance Disclosure
and the Information Tradeoff ”
(forthcoming in the Iowa Law
Review) at the annual meetings of
the American Law & Economics
Association. Gilbert already
presented it in October at the
Midwest Law & Economics
Association annual meeting at
Washington University and at the
Law School.
Gilbert is also working on two
projects of note. Both challenge
conventional wisdom in election law. The first argues that
campaign finance disclosure can
actually increase corruption. The
second argues that imposing
voter identification requirements
can actually exacerbate the risk of
voter fraud.
In March RISA GOLUBOFF was the
guest speaker for the Society of
Fellows on “People Out of Place:
The Sixties, the Supreme Court,
and Vagrancy Laws” and
presented the same subject at the
Library of Congress in April.
In May Goluboff is serving
on a Library of Congress Law
Day panel entitled “Realizing the
Dream: Equality for All.” In June
she will publish a review essay of
Kenneth W. Mack, Representing
the Race: The Creation of the Civil
Rights Lawyer, entitled, “Lawyers,
Law, and the New Civil Rights
History,” in volume 126 of the
Harvard Law Review.
A. E. DICK HOWARD spoke on “From the
Revolution to the Constitution” at the
American Revolution Center in
Philadelphia. His remarks offered
perspective on the center’s plans to
construct a Museum of the American
Revolution near Independence Hall in
Philadelphia.
In Richmond Howard gave a lecture, “The Changing Face of
the Supreme Court,” at the Woman’s Club. He focused on how
the Court, its personalities, and the way it does its business have
evolved from the era of Earl Warren to that of John Roberts.
Howard spoke on “Challenges to Democracy in the 21st Century” to a delegation of visitors from a score of foreign countries
sponsored by the United States Department of State. The visit
to Charlottesville was hosted by the Presidential Precinct, a partnership consisting of the University of Virginia, the College of
William and Mary, Monticello, and James Madison’s Montpelier.
Howard filed an amicus brief in a church-and-state case
pending in the Supreme Court of Virginia. His brief argued
that a Virginia statute allowing property to be held in trust for
congregations should be interpreted to allow such trusts for
hierarchical churches. If the statute is not read that way, he
maintained that it would violate the religion clauses of both the
United States and Virginia constitutions.
In the Virginia Law Review online edition, Howard wrote,
“Out of Infancy: The Roberts Court at Seven.” In this article, he
explored highlights of the Court’s 2011–12 Term, with particular
attention to the role played by Chief Justice Roberts in the
Court’s healthcare decision. This article is a sequel to Howard’s
piece, “Now We Are Six,” in which he considered the Roberts
Court at the conclusion of the 2010–11 Term.
The Virginia Holocaust Museum in Richmond recently
announced that Howard was inaugurated onto its board of
trustees.
In January ALEX JOHNSON,
director of the Center for
the Study of Race and Law,
coordinated and hosted the
Law School’s Third Annual
Martin Luther King, Jr. Lecture.
Mary Bauer ’90, the legal
director of the Southern Poverty
Law Center, presented the lecture titled, “Bending Toward Justice:
The Struggle for Civil Rights Today.”
In March Johnson moderated a panel at the Sports and
Entertainment Law Symposium on Vice and Morality in Sports.
Johnson also welcomed and introduced Michael C. Dawson, the
John MacArthur Professor of Political Science at the University
of Chicago, who served as the keynote speaker for the multidisciplinary symposium co-sponsored by the Center for the Study of
Race and Law, “Does Reparations Have a Future? Rethinking
Racial Justice in a ‘Color-Blind’ Era,” held at the Law School
and on Grounds.
UVA LAWYER / SPRING 2013 39
FACULTY NEWS AND BRIEFS
…
In 2012 JASON JOHNSTON
was editor and contributor to
Institutions and Incentives in
Regulatory Science (Lexington
Press: 2012); “Disasters and
Decentralization” in Geneva
Papers Risk & Insur-ance; “Fire
Suppression Policy, Weather,
and Western Wildland Fire
Trends: An Empirical Analysis;”
and with Jonathan
Klick in Wildfire Policy: Law and
Economic Perspectives (Karen
Bradshaw and Dean Lueck, eds).
Johnson was also a participant
in the Liberty Fund Conference
on Behavioral Law and Economics; presented “Regulation with
Interested Experts” at the ISNIE
Annual Meeting at the University
of Southern California Law Center; and presented “Competition
and Regulation in the New World
of Commoditized and Unbundled
Legal Products” at the George
Mason University Law and
Economics Center conference,
“Unlocking the Law: Honoring
the Legacy of Larry Ribstein;” and
was a Lone Mountain Fellow at
the Property and Environment
Research Center.
During the fall semester
DAVID MARTIN co-taught
a webinar on prosecutorial
discretion in immigration and
USCIS’s Deferred Action for
Childhood Arrivals Program.
He also advised the Miller
Center in selecting and inviting
speakers for its 2012 Mortimer
Caplin Conference on the
World Economy, which this
year addressed “High-Skilled Immigration:
Politics, Economics, and Law.” He then
took part in the general discussions at the
conference, held December 7 at the Miller
Center’s facility in Washington, D.C.
In January Martin participated as a
panelist on the topic of “Separation of
Powers and Federalism in the Immigration
Context” at a conference on “Migration,
Governance, and Citizenship” at Duke
Law School. The conference was hosted
by the Duke Journal of Constitutional Law
and Public Policy, Duke’s Kenan Institute
40 UVA LAWYER / SPRING 2013
In May he presented at the
American Law and Economics
Association annual meeting
“Regulation with Interested
Experts.” In June Johnson was
a visiting fellow at the Eramus/
Maastricht Law and Economics
Program; and presented to the
International Society for New
Institutional Economics “From
Nudges to Mandates”: The
Political Economics of DoddFrank Mortgage Regulation;”
and to the joint meeting of the
Geneva Association for Risk and
Insurance and European Law and
Economics Association, “Precautions versus Compensation for
Natural Disasters in a Federation:
a Club Goods Model.”
for Ethics, and its Program
in Public Law. Martin also
served as discussant with
principal presenter Marc
Rosenblum of the Congressional Research Service, in
a Miller Center colloquium
on “Immigration Policy and
Border Security in the 113th
Congress.”
In February Martin and
Laura Lichter, president of the American
Immigration Lawyers Association, took
part in a program and discussion at the
Law School, moderated by Kerry Abrams,
on “Comprehensive Immigration Reform
in 2013?” This session was part of a
week-long symposium on “Theory and
Practice” sponsored by the Virginia Journal
of Social Policy and Law, and this particular
panel was co-sponsored by the school’s
Immigration Law Program. Martin also
chaired a session at an Immigration Law
Program hosted by Lori Scialabba, deputy
In December DOUGLAS LAYCOCK
participated in an invitation-only
conference on Affirmative Action
after Fisher v. University of Texas
at the Mellon Foundation in
New York.
In January he commented
on the remedies chapters of
Melvin Eisenberg’s forthcoming
book, Foundational Principles
of Contract Law, at a conference
director of U.S. Citizenship and Immigration Services, Department of Homeland
Security. In the session chaired by Martin,
she spoke on “Implementing DACA: The
Immigration Deferred Action for Childhood Arrivals Program” in Caplin Pavilion.
In March Martin participated in a
multidisciplinary conference at Arizona
State University in Phoenix, titled “Barack
Obama and American Democracy IV.” He
gave an address on President Obama’s role
in laying the groundwork for possible comprehensive immigration reform legislation
this year, as part of a panel on “Obama and
the Borderlands.” Martin also participated
in a Boston College symposium called
“Migration: Past, Present and Future,” a
central event in the college’s sesquicentennial celebration. He participated in the
final panel of the conference, a discussion
of “The Future of Migration Policy in the
U.S.,” moderated by Ray Suarez of the
PBS Newshour.
FACULTY NEWS AND BRIEFS
…
on the book at the University of
California-Berkeley, and gave the
keynote address at the launch of
the Stanford Religious Liberty
Clinic. He reports that they love
Liz Magill ’95 at Stanford.
Laycock spoke on Hosanna-Tabor
and the Ministerial Exception at
the New York City Labor and Employment Relations Association.
In February Laycock filed an
amicus brief for the American
Jewish Committee in the Supreme
Court’s same-sex marriage
cases, urging the Court to protect
marriage equality and religious
liberty, and explaining how it
could be done.
He recently published “The
Bishops and Religious Liberty” in
Commonweal, and “What Is the
Future of Religious Freedom in
the United States” in Moment.
In an address to the Texas
Law Review Association’s annual banquet last June where he
reminisced about his work on
the 7th Circuit, retired Associate
Justice John Paul Stevens recalled
how “Doug did work with me on
two of my opinions that year. It
was the quality of that help a good
many years ago—rather than the
fact that the brief he filed in the
case challenging the constitutionality of school-sponsored prayer
at Texas high school football
games and an amicus brief he
filed in the case challenging the
display of the Ten Commandments on the grounds of the
Texas State Capitol, happened to
support the views I expressed in
my opinions in those cases—that
accounts for his inclusion as one
of my favorite Texas lawyers.”
GREGORY MITCHELL is publishing,
with Philip E. Tetlock, a chapter
on “Implicit Attitude Measures” in
the book, Emerging Trends in the
Social and Behavioral Sciences.
This chapter traces the development of instruments to assess
prejudice and other attitudes using
self-report-based surveys and
unobtrusive measures that seek to
overcome problems of introspection and social desirability biases.
Mitchell is participating this
spring in a conference on
Behavioral Law and Economics at
the University of Notre Dame
School of Law and this summer in
a conference on Corporate Ethics
and Compliance at the University
of Houston Law Center.
JOHN NORTON MOORE announced that
the proceedings volume from the 2012
Sokol Colloquium has just gone to press
under the title Foreign Affairs Litigation in
United States Courts and will appear this
summer. Under preparation is The Regulation of Continental
Shelf Development: Rethinking International Standards (Martinus
Nijhoff Publishers). It is co-edited by Moore, Myron Nordquist,
Aldo Chircop, and Ronán Long. The volume contains the papers
from the 36th annual conference sponsored by the Center for
Oceans Law and Policy, which Moore directs. The volume will
include a paper by Moore, “Comments on the Unfinished
Business of UNCLOS III.”
In January Moore spoke at the Association of American Law
Schools 2013 annual meeting on a panel “Thirty Years of the
United Nations Convention on the Law of the Sea” (papers to
be published in a special issue of the Ocean and Coastal Law
Journal) and he was a speaker on a panel “The Concept of
Peace in Law, Culture and Society” at the Crosscutting Program
(selected after a competitive process by the AALS Committee on
Special Programs).
This summer the Center for National Security Law, which
Moore also directs, will host its 21st National Security Law
Institute. Moore will teach classes at the institute: Understanding
War, Institutional Modes of Conflict Management, and the Use
of Force in International Relations.
In January JOHN MONAHAN was quoted in The New York Times in an
article analyzing the effect of mental health laws to curb violence. He
published “Legal Process and Social Science: United States” in The
International Encyclopedia of Social and Behavioral Sciences, 2nd
Ed.(R. Greenspan and K. Levine, eds., Oxford: Elsevier); “Social Science
in Law: Continuity and Change in Oxford Handbook of Psychology and
Law (with Larry Walker in Melton, G. B., & Ogloff, J. R. P., eds.); and in
Psychiatric Services “Violent Behavior in Swedish General Psychiatric
Patients: A Prospective Clinical Study” (with Sturup, J., Kristiansson, M., and J. Gender).
In March Monahan presented at the Colloquium on Law, Neuroscience, and Criminal Justice, at the
Stanford Law School, sponsored by the Federal Judicial Center and the MacArthur Foundation; and he
gave the keynote address to the Campus Safety and Violence Prevention Forum, in Roanoke.
In April and May he was visiting scholar at the American Academy in Rome. In June Monahan is giving
a keynote address to the state mental health program directors at their annual meeting in Bethesda. In
August he is giving a paper to the National Association of Sentencing Commissions at a meeting at the
University of Minnesota School of Law.
UVA LAWYER / SPRING 2013 41
FACULTY NEWS AND BRIEFS
…
Last fall TOM NACHBAR deployed
in his capacity as a U.S. Army
Reserve Judge Advocate to
Jerusalem and the West Bank as
the legal advisor and security
justice program manager for the
United States Security Coordinator for Israel and the Palestinian
Authority. In his role there, he
advised members of the Palestinian security justice sector in the
development of their security
courts system and provided
briefings on rule of law and
international law to the Palestinian Authority Minister of Interior
and the commanders of the
various Palestinian Authority
Security Forces.
Returning to the United States,
he presented a draft paper on
capacity building of foreign
nations’ legal institutions at a conference sponsored by the United
States Institute of Peace and the
Department of Defense and a
draft of a forthcoming paper on
the relationship between antitrust
law and constitutional law at the
13th Annual Loyola Antitrust
Colloquium in Chicago.
ROBERT O’NEIL is soon publishing two articles, one in the Albany Law Review
(where he also spoke on a panel at the Albany Law School) and the other in the
University of Washington Law Review.
The Association of Governing Board of Colleges and Universities (which
he currently serves as a senior fellow) just published his book, Updating Board
Bylaws. At the same time, O’Neil collaborated with two other university
attorneys in a webinar co-sponsored by AGB and the National Association of
College & University Attorneys.
Recognizing the 50th anniversary of both Supreme Court cases, he has
agreed to serve on a panel on the right-to-counsel case of Gideon v. Wainwright (sponsored by the
American Constitution Society) and to speak later in the spring on the 50th anniversary of the school
prayer and Bible cases (Abdington Township v. Schempp) both in 1963.
Finally, AGB will shortly publish in its Trusteeship magazine his article on updating board bylaws,
which builds on his book of the same name.
In December
MARGARET
FOSTER RILEY
published,
with Lois
Shepherd, “In
Plain Sight: A
Solution to a
Fundamental Challenge in Human
Research” in the Journal of Law
Medicine and Ethics and presented
“Rights, Regulatory Systems and
Regulation” in Research Animal
Welfare: What’s Current, New and
Changing at a conference of the
Scientists Center for Animal
Welfare in San Antonio, Texas.
In March she was appointed to
the Committee on Revisions to the
In February CALEB NELSON’s paper,
“A Critical Guide to Erie Railroad Co.
v. Tompkins,” which was part of a
symposium at William & Mary on
“Law Without a Lawmaker,” appeared
in the William & Mary Law Review.
Another article, “State and Federal
Models of the Interaction between
Statutes and Unwritten Law,” appeared in the spring issue of the
University of Chicago Law Review.
42 UVA LAWYER / SPRING 2013
Common Rule for the Protection
of Human Subjects in Research
in the Behavioral and Social
Sciences, a committee appointed
by the National Research Council
at the National Academies of
Sciences. She held a workshop
and will be producing a consensus
paper recommending changes to
the Advance Notice of Proposed
Rule Making on Changes to the
Common Rule (the regulations
that govern most human subjects
research in the U.S.).
FREDERICK
SCHAUER
delivered
the Daniel
Meador
Lecture at
the
University
of Alabama on the topic of
“Objectivity and Equality” and
the Clough Distinguished Lecture
in Jurisprudence at Boston
College on the topic of “Constitutionalism and Coercion.”
He presented “Official
Obedience and the Politics of
Defining ‘Law’” at the Cardozo
School of Law, Yeshiva University,
and gave lectures on “Constitutional Rights” and “The Theory of
Rights” at Masters Course on Legal Theory, University of Genoa,
Italy. Schauer also presented “Is
Expert Evidence Really Different?” (co-authored with Barbara
Spellman) at the University of
Texas School of Law seminar
series on Modern Developments
in Evidence Theory.
Schauer presented “Vagueness,
Open Texture, and Defeasibility
in the Rule of Recognition” at
New York University Department
of Philosophy and School of
Law Conference on Vagueness
in Law and taught a two-week
short course on “The Theory and
Practice of Legal Reasoning” at
Hebrew University of Jerusalem.
He has also published “On
the Nature of the Nature of
Law” in Archiv fur Rechts—und
Sozialphilosophie; “Legal Realism
Untamed’ in the Texas Law
Review; “The Miranda Warning”
in University of Washington Law
Review; “The Decline of ‘The
FACULTY NEWS AND BRIEFS
…
Record’: A Response to Judge
Posner,” in the Duquesne Law
Review; and “Must Virtue Be
Particular?” in Law, Virtue and
Justice (A. Amaya & H.H. Lai
eds., Hart Publishing 2013).
In March PAUL STEPHAN ’77
presented a paper at Southern
Methodist University, and
presented the same paper at
Northwestern in April. The
paper is “The Structure of Courts
and International Lawmaking:
Explaining Judicial Conflict.”
In April he gave a talk to the
Atlanta International Arbitration
Society about the Yukos case, and
hosted at the Law School the Sokol
Colloquium on Private International Law, for which Stephan
bears primary responsibility. The
topic this year was about enforcing
The topic was selected to coincide
with his work as co-reporter of the
Fourth Restatement of the Foreign
Relations Law of the United States:
Jurisdiction.
Last July RICH SCHRAGGER was a two-week visiting professor at the University of
Chicago School of Law and presented “Against Religious Institutionalism,” a paper
co-authored with Micah Schwartzman ’05 that will appear in the Virginia Law
Review this fall. Schwartzman and Schragger also presented that paper at the annual
Law and Religion Roundtable held at the Harvard Law School last June and at the
“Conference on the Freedom of the Church in the Modern Era” at the University of
San Diego in October.
In January he presented “Cities in Recession” at the AALS annual meeting in New
Orleans. And in February Schragger was invited to give a talk at the Vanderbilt Law School on regionalism
in commemoration of the 50th anniversary of Nashville’s metro government. That talk was entitled “Two
Cheers for Regionalism.” Two additional papers will appear sometime this summer. “What is a Progressive
City?” is an invited contribution to the Harvard Law and Policy Review’s symposium on progressive cities.
“Lost in Translation: A Dilemma for Freedom of the Church” (with Schwartzman) is an invited contribution to a symposium being published in the Journal of Contemporary Legal Issues.
PIERRE-HUGUES VERDIER
continues to work on an empirical study of the evolution of the
customary international law
of sovereign immunity around
the world, with Erik Voeten of
Georgetown University. This
year they presented the paper at
workshops and conferences at
Columbia, Duke, the University
of Colorado, and Brooklyn Law
School, as well as the American
Society of International Law’s
fall research forum. Verdier will
be speaking on the project this
spring at the Lauterpacht Center
for International Law at the
University of Cambridge. Verdier and Voeten are also
working on a related paper that
will articulate a more general
theory of customary international
law, drawing on their empirical
findings on sovereign immunity
and on several other examples
and applications, such as the rules
protecting foreign investments and
coastal state rights over fishing
and other maritime resources.
Verdier is also gathering data for
an upcoming project with Mila
Versteeg on the status of international law in the constitutions and
legal systems of the world.
In April TED WHITE gave a presentation at Case Western Reverse
School of Law on his book, Law
in American History: Volume One,
From the Colonial Years Through
the Civil War.
In May he presented “Pitfalls
in Writing Judicial Biography” to
the law department at the London
School of Economics, and gave
a speech, “The ALI’s Recent
History and Current Challenges,”
at a luncheon for life members at
the 90th annual meeting of the
American Law Institute.
MOLLY SHADEL published Finding Your Voice in Law School: Mastering Classroom Cold Calls, Job Interviews,
and Other
Verbal Challenges (Carolina Academic Press 2013). Shadel, who teaches courses in public
O
speaking
and persuasion, authored the book in order to attempt to help prepare law students for the
spe
communication challenges they will likely encounter in law school and in their careers as attorneys.
Finding Your Voice in Law School draws on interviews with law students and practicing lawyers
to identify key strategies for succeeding at classroom discussion, mock trials and job interviews, as
well as making arguments in a courtroom.
UVA LAWYER / SPRING 2013 43
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 September 15 for inclusion in the next issue.
1940
1950
both the Atlantic and
his death. Dedicated to the
four children, eight
cause of historic preserva-
grandchildren, and a
MORTIMER CAPLIN
JOHN THORPE LAWRENCE
RICHARDS died on
Pacific theaters. He was
decorated for his role in
tion, he was the president
great-grandson.
recently stepped down
March 30, at the age
the capture of the U-505
and chief spokesman for
as a director of Danaher
of 91.Thorpe Richards was
in June of 1944, and later
the Old Town Civic As-
Corporation, whose board
born in Manila, P.I., where
for flying close air support
sociation during the early
he’s served on since 1990.
his father was stationed as
during the battles of Iwo
1960’s, known at the time
Caplin is credited with
a U.S. Naval Officer. He was
Jima and Okinawa.
as the “Battle of Alexan-
Col. KENNETH C. CRAWFORD
being the oldest corporate
a member of University’s
After the war he
dria.” His leadership and
(Ret.) passed away on
director at a company
varsity swimming team,
returned to the University
forceful advocacy helped
November 18. Following
in the S&P 500. Danaher
and president of the Phi
for his law degree. He was
defeat the proposed urban
his graduation from the
provides measuring and
Delta Theta Fraternity
recalled to active service
renewal plan to slum
Law School, he served
diagnostic equipment. He
before enlisting in the U.S.
during the Korean War and
clear 24 blocks of historic
in the Judge Advocate
continues to practice tax
Navy at the onset of World
served as a legal officer
housing stock in the heart
General Corps. His last
law at Caplin & Drysdale in
War II.
and flight instructor in
of Old Town Alexandria.
active-duty assignment
Washington, D.C.
Richards served as a
Pensacola.
He practiced law in
1951
He is survived by
was commandant of the
his wife of 62 years,
Judge Advocate General
“I haven’t regarded
naval aviator flying TBM
age as a real factor,” said
torpedo bombers from
Alexandria, Va., for over 60
School in Charlottesville.
Caplin in a Bloomberg
small escort carriers in
years until shortly before
After retirement from the
article. “It’s a question of
military, he became associ-
capability and, I suppose,
ate director of education
willingness at the same
at the Southwestern Legal
time.” His departure gives
Foundation at Southern
him more time to focus on
Rear Admiral CHARLES E. MCDOWELL ’50 died on
Methodist University
two great interests of his:
November 25, at the age of 89. Following
in Dallas, Tex. He was
tax law and the University
graduation from the Law School, he worked
selected by Chief Justice
of Virginia. At UVA he is
briefly as a lawyer with Shell Oil before joining
Warren Berger to be the
involved in the performing
the U.S. Navy in 1951. He served as a staff legal
first director of education
arts, particularly theater,
officer of the Pacific Fleet in Honolulu and a staff
and training of the Federal
and public policy, mainly
judge advocate of the U.S. Naval War College in
Judicial Center. After
through his work on an
Newport, R.I., where he led the international law
leaving this position he
annual conference on the
division. During the height of the war in Vietnam
practiced law, lectured
global economy that bears
he was head legal officer of the U.S. 7th Fleet
for the Asia Foundation,
his name.
based in Yokosuka, Japan. He was Deputy Judge
and for Israeli judges.
Caplin delivered a
Advocate General and then Judge Advocate General of the U.S. Navy from 1978–80.
He addressed the Israeli
tribute to his friend and
After 30 years with the Navy he took military retirement and practiced law in a
Supreme Court in October
former law student, Judge
private firm in Woodbridge, Va., until 1997.
1984. In addition to his de-
Lapsley W. Hamblen Jr. ’53,
Admiral McDowell was awarded the Bronze Star, the Purple Heart, the Joint
gree from the Law School
at a memorial service in
Service Commendation Medal, the Navy and Marine Corps Commendation Medal,
he earned a Masters
the center courtroom
and the Navy Distinguished Service Medal. He was inducted into the U.S. Army
from George Washington
at the U.S. Tax Court in
Officer Candidate School Hall of Fame at Fort Benning, Ga., in 2010.
University in International
November.
Law and Affairs.
UVA LAWYER / SPRING 2013 45
CLASS NOTES
…
1952
1955
attorney for the Securities
1958
BILLUPS PHINIZY PERCY,
the exposure), took a
severe beating, with the
and Exchange Commission
The Honorable H. WARREN
KNIGHT (Ret.) passed
and retired as special
By Ted Torrance
Sound waters all but
brother of the novelist
counsel. He had lived in
Corresponding Secretary
flowing right through
Walker Percy, died on
away on November 15
the District of Columbia
1955 Windward Way
her house. Likewise, the
January 18 at the age of 91.
in Newport Beach, Calif.
since 1957 and invested in
Vero Beach, FL 32963
Oramsʼ summer home in
He graduated from the U.S.
He was 83 years old. He
residential real estate on
e-mail: etorr@cox.net
Beach Haven, N.J., suffered
Naval Academy in 1942 and
practiced law in Orange
Capitol Hill, managing the
served in the Pacific during
County and served on the
properties until recently.
World War II, for a time
Orange County Municipal
in the same PT squadron
Court from 1971–73 and
as John F. Kennedy. As a
on the Orange County
submariner he contributed
a similar fate, and at about
By the time these class
the time of our reunion
notes are published,
they planned to be on
many of the 79 members
the scene to arrange for
of our class still keeping
extensive repairs and the
Superior Court from
in contact with the Law
removal of “tons” of sand
to successful campaigns in
1973–79. He was twice
School will have reunited
and debris from their
Japanese waters and was
named Trial Judge of the
in Charlottesville under
property.
awarded the Silver and
Year by the Orange County
the leadership of FRED
Bronze Stars. He taught
Trial Lawyers Association.
constitutional law at Tulane
1960
Judge Knight’s experi-
GOLDSTEIN. Fleshing out
I recently had a very
whatever information
pleasant telephone
conversation with DON
DEVINE. Donʼs career
University Law School for
ence with civil cases that
may have been exchanged
more than 30 years.
sometimes took as long as
between the attendees:
five years to come to trial
included his serving
inspired him to leave his
RONALD W. DOUGHERTY has
JIM ATKIN writes that he
for some years as a
judgeship to start JAMS,
been honored as the
is now living in Roanoke,
Commonwealth Attorney
The Resolution Experts, a
recipient of the Ohio State
Va., having abandoned
in Virginia and as a judge
RUHI K. RAMAZANI, Edward
solo mediation practice
Bar Foundation’s highest
earlier thoughts of return-
on the Civilian Board
R. Stettinius Professor
in Santa Ana. He was a
honor, the Ritter Award,
ing to the San Francisco
of Contract Appeals
Emeritus of Government
trailblazer in bringing
given for a lifetime of
area. He is still doing
in Washington, D.C.
and Foreign Affairs in the
lawyers to accept and
dedicated service. The
some pro bono work,
Following the death of
University of Virginia’s
seek alternative dispute
award was presented at
and manages to travel
his wife, Pat, a couple
College of Arts and
resolution. Decades later,
the foundation’s annual
to California to see his
of years ago, Don has
Sciences and one of the
JAMS is the world’s largest
recognition dinner in
children and grandchil-
moved into an assisted
world’s experts on Iran’s
private alternative dispute
November. Dougherty
dren from time to time.
living facility in Leesburg,
foreign policy, will publish
resolution provider. The
served on the foundation
Through Jim I learned
Va. I reminded Don that
a collection of previously
JAMS Foundation provides
board of directors for eight
that STAN CHRISTOPHER has
at some time during our
published articles and
grants to nonprofits in
years and as president in
left Palm Beach Gardens
third year at the Law
book chapters with the
the dispute resolution
2003. He has served on the
for State College, Pa., the
School he was elected
University of Virginia Press
field, and associates give
board of governors of the
draw apparently being
our class president after
in the fall. He describes
thousands of pro bono
Ohio State Bar Association
three grandchildren in
a low-to-no-profile cam-
Iran’s Foreign Policy:
hours every year to various
and on the U.S. Sixth
the area.
paign, and that although
Independence Without
causes.
Circuit Judicial Conference
1954
the office carries with
Freedom as a capstone to
for many years. He has also
Distinguished professional
it neither statutory nor
his scholarship on Iran.
served in numerous roles
careers did not suffice to
common-law duties or
with the Stark County Bar
insulate BARBARA COPPETO
authority, he presumably
Association.
and JOHN ORAM against
continues as president.
the ravages of Superstorm
Hail to the Chief!
For six decades Ramazani
1956
has studied, taught, and
written about global politics
ROBERT F. MCCULLOCH died
and foreign policy. He
at home on September 15.
contributed his time and
Sandy last October.
received the Thomas Jef-
Following Law School,
talents to a wide range
Barbaraʼs home in Milford,
BILL GRIESAR notes that
ferson Award, the highest
he was a clerk with the
of community activities.
Conn., on Long Island
he “has clocked over 54
University honor given to
U.S. Court of Appeals 4th
He was a member of the
Sound (and on Shorefront
years” as a practicing
faculty members, in 1994.
Circuit. He was a career
original committee that
Street, so you can imagine
lawyer, although he says
46 UVA LAWYER / SPRING 2013
Dougherty has
CLASS NOTES
…
his practice is now all but
MICHAEL KAPLAN writes
Eugene, Ore., where Allie
rides over the Shenandoah
although he recently
over. The last 20 years
that he had initially been
has an administrative posi-
Mountains? The old man’s
sold his Mont Tremblant,
of his active career were
planning on attending
tion with the University of
genes were obviously
Quebec, property after
spent as general counsel to
our reunion but that he
Oregon. Their children and
passed along to his son,
30 years of skiing there.
The Rockefeller University
had to change his plans.
nine grandchildren stretch
Ferd III, who became a
The second luncheon was
in New York City. Bill lives
He asked his wife why she
from Virginia to Guam.
Navy aviator and retired
with STUART BRUNET and
in Dobbs Ferry, N.Y., in
would want to hang out
as a captain with over
VERNE HAMPTON, both of
the winter and gardens
with a bunch of old guys
TOM and MINA OTIS report
6,000 flying hours. Ferd’s
whom spend much of the
and sails in the summer in
there anyway, and she
from South Dartmouth,
granddaughter graduated
winter here in Vero Beach.
Chamberlain, Maine.
responded, “Why not? Iʼve
Mass., that they spent most
from Stetson University
Both appear to be in good
been hanging around with
of January and February
Law School and success-
shape and surviving this
you all these years.”
in the far balmier climes
fully passed the Florida
aging process nicely.
of Boca Grande, Fla., with
bar exam, but Ferd says, “I
STUART “BLUE” JAY writes
from Louisville, Ky., (his
home since Law School
DOUG MACKALL reports that
some golf and a lot of
loved my years at Virginia
And on that note, I will end
days) that he is kept busy
after Law School he spent
tennis on their agenda.
and cannot envision going
up with the substance of
with eight grandchildren in
two years as an assistant
They expected to continue
anywhere else.”
the area.
prosecutor and thereafter
on the golfing circuit in
practiced law in Fairfax
March at Yeamans Hall,
BOB SMITH’s book, Law
me with what turn out to
picture of Countess Sophie
County with his brother for
near Charleston, S.C. Tough
& Lawyers in the United
be (after consulting my
of Wessex (a daughter-in-
49 years. He currently lives
life, this retirement.
States, was published by
Latin-English phrasebook)
law of Queen Elizabeth
in McLean, Va., but has a
CreateSpace, and is avail-
relevant observations on
II) taken at close range in
home in Charlottesville,
FOSTER PETTIT sent along
able from both Amazon
our times. Brad references
Anguilla by ALLAN JOHNSON.
where he attends as many
his regrets at not being
and Barnes & Noble. Bob
the accomplishments of
Allanʼs accompanying note
Virginia football, basket-
able to attend our reunion.
kindly sent me a copy, and
so many of our classmates
is ambiguous as to whether
ball, and baseball games as
He is planning on joining
it is really quite unique,
and, ever overly modest,
he actually became part
he can.
his Woodberry Forest
serving as a valuable
quotes Seneca:
I received an intriguing
a note from BRAD MILLER,
who regularly confounds
“Often a man who is very
classmates of 1948, and “is
and succinct primer
A good, newsy note from
working on being the last
on the elements of our
old in years has no evidence
paparazzo, but I am sure
BILL O’CONNOR discloses
man standing.”
constitutional, statutory,
to prove he has lived a long
he would have us believe
that at the end of 2010
and common law, and
life other than his age.” But
the former. The Johnsons’
he retired from his solo
FERD SALOMON checked in
the judicial systems of the
then he further quotes
daughter is a graduate of
practice in Medford, Ore.,
from Pensacola, Fla., where,
federal government and
Seneca: “It better befits a
the Law School, and their
and thereupon set out to
having attained the age of
the various states and
man to laugh at life than to
granddaughter has been
write a long-contemplated
83, he regularly plays golf
territories. A simple perusal
lament over it.”
accepted at the Univer-
two-volume novel about
“with some equally ancient
of the book reminds me
sity (and invited to be an
the American Revolution. It
Navy captains,” apparently
that one is never too old
Echols Scholar), so the
was published in late 2012
more for the camaraderie
to learn.
Johnson family may well
under the title At War in
than for the results. Over
boast of three generations
America, and it is available
the years he has enjoyed
I have recently had two
in Charlottesville. In the
on Kindle and in hard copy
“flying, small boat racing,
very pleasant luncheons
meantime, Allan and Nancy
from CreateSpace. Bill is
motorcycling, and golf,”
with fellow classmates.
are spending upwards of
now pursuing a different
and he still engages in trap
The first was with HENRY
eleven weeks in Anguilla
interest, the study of world
shooting, a hobby he has
and Barbara WILLIAMS.
this year, with Allan playing
mythology. Who would
pursued for over 50 years,
Henry was in Florida for
tennis on a regular basis
have guessed that our cur-
with distinction at the state
a short stay, escaping the
and captaining one or two
riculum in the 1950s would
and national levels. Did you
wild winter of western
USTA senior teams.
inspire such production?
know that while at the Law
New York. He is as active
To accommodate his wifeʼs
School Ferd had an interest
as ever, with skiing, sailing,
own extensive legal career,
in a Piper Cub and regularly
tennis, singing, and the
the OʼConnors now live in
took his wife and son on joy
like occupying his time,
of the Countess’s social
circle or was just another
So say we all.
UVA LAWYER / SPRING 2013 47
CLASS NOTES
…
raised the funds to build
Legal Eagle 2012 in the
Uz, and sons Christopher
the Pro Football Hall of
areas of antitrust law,
and Charles. He was the
Fame and has served as
banking & finance law,
grandfather of six.
a leader in that organiza-
bet-the-company litiga-
tion for decades. He has
tion, commercial litigation,
volunteered many hours
corporate law, litigation-
to United Way, the Canton
banking & finance, and
Regional Chamber of
litigation-mergers &
J. RUDY AUSTIN was listed
Commerce, the Canton
acquisition. He is named
in Super Lawyers Business
Club, and the Boy Scouts.
in Best Lawyers 2013 and
Edition 2012 in construc-
He is a founding member
as Roanoke Lawyer of
of Krugliak, Wilkins,
the Year in banking and
Griffiths and Dougherty
finance law. The American
in Canton, where he
Lawyer includes him as a
Last November TONY MEDLEY met the Rose Queen
the area of personal injury
focuses his practice on civil
Top Rated Lawyer for 2013
and her court during their annual appearance at the
litigation-defendants. He
litigation, general business
in commercial litigation,
Los Angeles 5 Rotary Club, the fifth oldest Rotary
is named in Best Lawyers
representation, and estate
business & commercial,
Club in the world. He wore his UVA Law buttondown
2013 and recognized as a
planning.
and appellate law. Rakes
shirt under his jacket for the event. His book, Sweaty
Top Rated Lawyer for 2013
is a senior partner with
Palms: The Neglected Art of Being Interviewed, won
in litigation, construction
Gentry Locke Rakes &
the 2012 Industry Recognition of Writers in the News
law, and insurance law in
Moore in Roanoke.
Award (the IRWIN) for the “best sustained campaign”
The American Lawyer. He is
(over 30 years) from the Book Publicists of Southern
a senior litigation partner
California.
with Gentry Locke Rakes &
1962
1967
tion litigation, and Virginia
1965
Living Magazine listed him
as a Legal Eagle 2012 in
JOHN SMITH PAPA died
HADLEY ROE accepted the
at his home in Bristol,
Lloyd’s List Global Deal of
Conn., on December 14.
the Year Award for 2012 on
Following Law School he
behalf of his firm, Seward
worked in the State of
& Kissel, and his client,
Connecticut Circuit Court
Eagle Bulk Shipping. The
chief prosecutor’s office,
awards ceremony took
then served for 27 years
place in September in
WALTER M. DICKEY has
law with special focus
as supervisory public de-
London. Seward & Kissel
served as vice president
on land use entitlements
fender for Superior Court
represented Eagle Bulk
of three organizations: the
and issues related to real
#17 in Bristol. He retired
Shipping in restructuring
Kansas City, Mo., Retired
estate development in the
in 1999. Though he was in
its obligations under a
Lawyers Association,
District of Columbia.
poor health at the time of
credit agreement with its
the Alexander Majors
the most recent reunion
lenders. This landmark
chapter of the Sons of the
in May, he was happy to
transaction represents
American Revolution, and
be near the festivities
one of the largest out-
the Kansas City Regional
while visiting his youngest
of-court restructurings
Phi Kappa Psi Fraternity.
daughter, Hannah, who
of a shipping company
lives in Earlysville.
in the recent economic
WHAYNE S. QUIN is chair
Arlington, Va., at the age
Judge JAMES W. HALEY, JR.
downturn. Agreement
of the board of trustees
of 73. He was a retired
retired at 70, as required
was reached without
at the National Building
foreign service officer
by Virginia law. He has
need for Chapter 11
Museum in Washington,
and Washington, D.C.
been elected by his
proceedings and without
D.C. He began his three-
lobbyist for domestic
colleagues on the Court
WILLIAM R. RAKES was listed
adverse effects toward
year term in October, after
manufacturing companies.
of Appeals of Virginia as a
in Super Lawyers Business
Eagle’s equity stakehold-
serving as chair-elect
He was married to his
senior judge of that court,
Edition 2012 in business
ers. Roe is counsel in the
and serving as a museum
wife, Elizabeth, for 48
and will continue in that
litigation. Virginia Living
corporate finance group in
trustee for years. He is a
years and was the father
capacity.
Magazine listed him as a
New York City.
partner with Holland &
of a daughter, Stephanie
1963
48 UVA LAWYER / SPRING 2013
Moore in Roanoke.
1964
Knight, where he practices
in the area of municipal
GENE DAHMEN was listed in
New England Super Lawyers
1966
2012 in the area of family
law. She is senior counsel
with Verrill Dana in Boston,
JAMES T. SCHOLLAERT
Mass.
died on February 17 in
CLASS NOTES
…
1968
1970
RONALD R. TWEEL has been
PETER H. ELLSWORTH was
KENNETH M. MURCHISON was
named the 2012 winner
listed in Best Lawyers and
honored as the Louisiana
U.S. SEN. BILL NELSON was
JOHN S. EDWARDS was
of the Betty A. Thompson
Michigan Super Lawyers
Tech University College of
re-elected to serve his
re-elected to his fifth
Lifetime Achievement
for 2012. He was also
Liberal Arts Alumnus of
third term in the United
term in the Virginia State
Award by the Virginia State
selected by Best Lawyers
the Year for 2012.
States Senate (Florida)
Senate in November 2011.
Bar’s Family Law Section.
2013 as Lawyer of the Year
after defeating Republican
Election celebrations were
The award was presented
for gaming law. He is a
GEORGE K. WALKER LL.M. was
Rep. Connie Mack. Florida’s
soon followed by the birth
at the annual advanced
member with Dickinson
appointed Dean’s Research
senior senator will deliver
of his fourth grandchild,
family law seminar
Wright in Lansing, where
Professor of Admiralty Law
the commencement ad-
Charles Graney, three days
in Richmond in April.
he focuses his practice in
and International Law at
dress to the UVA Law Class
later on 11/11/11. Edwards
Tweel is a senior partner
the areas of administrative
Wake Forest University
of 2013 on May 19.
was named among the
with Michie-Hamlett in
& regulatory, commercial &
School of Law in Winston-
Leaders in the Law for
Charlottesville, where he
business litigation, energy
Salem, N.C., in July.
2012 by Virginia Lawyers
focuses his practice in the
& sustainability, gaming
Weekly for spearheading
area of domestic relations.
law, Indian law, and
1969
insurance.
legislation to adopt
Virginia rules of evidence.
He continues to teach trial
1972
advocacy as an adjunct
1973
After practicing law with
G. FRANKLIN FLIPPIN was
Parker Poe for 35 years
listed in Super Lawyers
professor at the Law
WALTER BENNETT LL.M. ’86
in Charlotte, N.C., FRED
Business Edition 2012 for
School. Edwards and his
has published his first
T. LOWRANCE has served
business/corporate law.
wife, Cathye, celebrated
full-length novel, Leaving
for the past five years as
Virginia Living Magazine
their 40th anniversary in
Tuscaloosa, which explores
pastor at Meadowlake
listed him as a Legal
2012.
race relations in the South
Presbyterian Church in
Eagle 2012 in the areas
ROBERT W. ASHMORE is listed
in the 1960s (see In Print).
Huntersville.
of banking & finance
in Best Lawyers 2013 in
The novel was a 2010
labor law-management.
1971
He is partner and senior
law, corporate law, and
finalist for the Bellwether
J. MICHEL MARCOUX reports
mergers & acquisitions. He
Prize for unpublished
that his law firm, Bruder,
has also been named in
counsel with Fisher &
Chief Justice of
work, now called the
Gentile & Marcoux,
Best Lawyers 2013, and in
Phillips in Atlanta, Ga.,
Pennsylvania RONALD
PEN/Bellwether Prize for
founded in 1976 in
American Lawyer as a Top
where he focuses his
D. CASTILLE was recently
Socially Engaged Fiction.
Washington, D.C., merged
Rated Lawyer for 2013 in
practice on labor and
named by the American
Bennett is a former civil
in January with Chicago-
the area of business and
employment law.
Bar Association to its
rights attorney, judge, and
headquartered Schiff
commercial law. He is a
newly formed committee
professor at the University
Hardin to create a new
partner with Gentry Locke
Schiff Hardin office in D.C.
Rakes & Moore in Roanoke.
ANGUS KING was elected
to examine the future of
of North Carolina Law
to the U.S. Senate for the
legal education in the
School in Chapel Hill.
state of Maine, filling the
United States.
TERRANCE M. MILLER is listed
DAVID L. MARTIN retired in
September after serving
TERENCE M. DONNELLY was
in Ohio Super Lawyers 2013
Senator Olympia Snowe.
In recent months MARK
listed in Best Lawyers and
in the area of personal
14 years as U.S. Magistrate
King ran for the seat as an
SULLIVAN has taught
Michigan Super Lawyers
injury defense: products,
Judge for the District of
independent. He served
CLE programs on trial
for 2012. He was also
and was recognized as Best
Rhode Island. He and his
as Maine’s Governor from
techniques, evidence, and
selected by Best Lawyers
Lawyers 2012 Columbus
wife, Pat, look forward to
1995 to 2003.
persuasion in the Virgin
2013 as Lawyer of the Year
Lawyer of the Year in the
travelling together now
Islands, and on military
for municipal law. He is a
area of product liability
that they are both retired.
custody, family support,
member with Dickinson
litigation-defendants. He
and pension division in
Wright in Troy, where he
is a partner with Porter
San Antonio, Tex.
focuses his practice in the
Wright.
seat vacated by retiring
areas of municipal law and
finance.
UVA LAWYER / SPRING 2013 49
CLASS NOTES
…
His books on women and
SHEILA JACKSON LEE is the
been involved in Catholic
minorities in corporate
U.S. Representative for
Church affairs for many
governance continue to be
Texas’s 18th congressional
years. Last year he was
standard texts in a number
district, serving since 1995.
appointed an honorary
of law and business
The district includes most
fellow of the University of
school diversity seminars.
of inner-city Houston.
Sydney.
He plans to be a visiting
professor at the Chinese
WM. SHAW MCDERMOTT
University of Hong Kong.
was nominated by
President Obama to the
BRENDAN BOVAIRD ’73 writes: “My bucket list has long
CLAIRE G. GASTANAGA is
Metropolitan Washington
included summiting Kilimanjaro. Thanks to a great
executive director of
Airports Authority and
guide and crew, the reality became two summits in
the Virginia American
confirmed in the Senate by
two days. We crossed Uhuru Peak, the highest point
Civil Liberties Union, a
unanimous consent. The
at 19,341 feet, for the first time at mid-morning on
position she has held since
agency is responsible for
October 10, on our way down into the crater to
June 1, 2012.
spend the night at 18,500 feet above sea level. The
overseeing construction
DON P. MARTIN is listed
of the Metro Dulles rail
extension as well as opera-
goal was to hike back up the crater wall next morn-
THOMAS G. JACKSON is a
in Best Lawyers 2013 in
ing in time to arrive back at Uhuru at dawn. After a
litigation partner with
commercial litigation,
tions at Reagan National
night of “thundersnow,” sleeping between the crater
Phillips Nizer in New York
legal malpractice
and Dulles International
wall and Furtwangler Glacier, we awoke before dawn
City, where he chairs the
law-defendants, litigation-
airports and the Dulles
to find the mountaintop covered in four inches of
technology practice group.
banking & finance, and
toll road. McDermott is a
litigation-real estate. He
partner with K & L Gates
ningly beautiful in the moonlight, admiration soon
RICHARD G. MENAKER’s
is a partner with Quarles
in Boston, Mass., where
gave way to trepidation as I looked up a crater wall
New York City-based firm,
& Brady in Phoenix, Ariz.
he handles complex civil
boot-top deep in snow. Thanks to guide and crew,
Menaker & Herrmann,
He is the national chair of
litigation.
though, we “arrived alive” again at Uhuru in time for
celebrates its 30th anni-
Quarles & Brady’s lender
an equally stunning sunrise.
versary this year. Menaker
liability task force.
snow. While the “snows of Kilimanjaro” were stun-
Afterwards, I returned in one piece to my law
recently co-authored
firm, Hunt & Ayres in Philadelphia, and, in January,
Law for Architects, What
JOHN MCCARTHY LL.M.,
became senior counsel in order to devote more time
You Need to Know. He has
appointed Knight
to pro bono projects and to get moving on the rest
practiced as a commercial
Commander of the Order
of my bucket list.
litigator in New York City
of St. Gregory the Great by
since graduating from the
the Holy See for services
Law School.
to the Catholic Church in
1974
Australia and the wider
Professor Thomas Clarke);
Cases and Materials on
1975
Australian community,
was recently appointed
Retired Alabama Supreme
Australia’s resident
DOUGLAS M. BRANSON
Business Enterprises: Legal
continues as the
Structures, Governance
W. STUART DORNETTE is
Ambassador to the Holy
Court Justice THOMAS A.
WOODALL has joined Sirote
W. Edward Sell Chair in
and Policy (LexisNexis 2d
listed as a Leading Lawyer
See in Rome. In November
& Permutt in Birmingham,
Law at the University of
ed.) (with Professor Joan
in Sports Law in Cincy
he presented his diplo-
where he is a shareholder
Pittsburgh. In addition to
Heminway et al.); and
magazine and in Ohio
matic credentials to Pope
and serves as chair of the
the recently published,
Questions and Answers
Super Lawyers 2013 in
Benedict XVI.
appellate practice group.
Three Tastes of Nuoc Mam:
on Business Associations
business litigation. He is
As a senior lawyer
The Brown Water Navy
(LexisNexis 2d ed.). The
a partner and co-chair of
in Sydney and Queen’s
the Supreme Court of
and Visits to Vietnam, he
fourth edition of his
the litigation department
Counsel, he has been
Alabama in 2000, where
also published The Sage
Understanding Corporate
Taft Stettinius & Hollister in
involved in Australian
he served a six-year term
Handbook of Corporate
Law, a text for law
Cincinnati.
affairs in Australia and
and was re-elected in 2006.
Governance (with
students, is in the works.
50 UVA LAWYER / SPRING 2013
internationally. He has
Woodall was elected to
CLASS NOTES
…
1976
in trusts & estates in Cincy
litigation-labor &
magazine and in Best
employment. She is a
WALTER W. BARDENWERPER
Lawyers 2013. He was also
partner with Fisher &
retired in November
selected for Ohio Super
Phillips in Atlanta, Ga.
as vice president,
Lawyers 2013 in estate
general counsel, and sec-
planning & probate. He is a
BRAD STILLMAN retired
CHRISTOPHER S. D’ANGELO
retary at Towers Watson,
partner with Taft Stettinius
as U.S. Magistrate Judge
served as co-director for
a publicly held global
& Hollister in Cincinnati.
for the Eastern District
professional consulting
firm in Washington, D.C.
LUTHER T. MUNFORD has
the 2012 International
of Virginia effective
AMY B. GINENSKY has been
Corporate Counsel
September 30, 2012.
named in the first edition
College, which is orga-
returned to Butler,
of Benchmark: Top 250
nized and presented in
MICHAEL CAPLIN is the
Snow, O’Mara, Stevens
Women in Litigation. She is
Europe annually by the
founding executive
& Cannada in Jackson,
a partner with Pepper
International Association
director of the Tysons
Miss., where he began
Hamilton in Philadelphia,
of Defense Counsel. The
Partnership, a non-profit
practice in 1979. He was
Pa., where she is chair of
program was held in
association of civilian,
recognized by Best Lawyers
the commercial litigation
London with the theme
business, and government
as Mississippi’s Lawyer
practice group and leader
“Crisis Management:
leaders working on the
of the Year for 2013 in
of the media and
Anticipating the Future in
35-year redevelopment
First Amendment law
communications practice.
the Global World,” and it
of Tyson’s Corner, Va. into
(litigation-first amend-
She handles class action
explored legal and
“the next great American
ment) and continues as
and commercial litigation
reputational challenges
city.”
editor of the Appellate
STEPHEN W. EARP was the
matters and has a media
faced by multi-national
1977
Advocate, the newsletter
recipient of the North
and communications
companies and how to
ALAN S. GOLD was listed in
for the American Academy
Carolina Bar Association’s
practice that focuses on
anticipate and address
Pennsylvania Super Lawyers
of Appellate Lawyers.
Citizen Lawyer Award for
First Amendment,
them. D’Angelo is a
2012 in appellate law, and
2012. Earp is with Smith
defamation, and other
partner with Montgomery
has been so listed in this
Moore Leatherwood in
media-related areas.
McCracken Walker &
area since 2005. He is a
Greensboro, where he
shareholder with Gold &
advises companies in
Ferrante in Jenkintown,
mergers and acquisitions,
where he concentrates
contracts, and corporate
his practice on appellate
governance. He also
The Raven Society
service law firm located in
issues in all types of
handles complex
presented BOB BARRY with
Orlando, Fla. He is board
civil litigation, civil rights
environmental litigation
a Raven Award in April.
certified by the Florida
Rhoads in Philadelphia, Pa.
1978
DAVID L. EVANS is president
of Mateer & Harbert, a full-
defense, and commercial
ANN MARGARET POINTER is
and regulatory matters.
The award recognizes
Bar in health care law. He
litigation.
listed in Best Lawyers 2013
Earp was also listed in
students, professors,
is listed in Florida Super
in employment law-
North Carolina Super
administrators, and alumni
Lawyers in the health care
DANIEL J. HOFFHEIMER is
management, labor
Lawyers 2013 in environ-
for excellence in service
law category, is listed as
listed as a leading lawyer
law-management, and
mental law and was
and contributions to the
among the best attorneys
named Lawyer of the Year
University. Barry has
in Orlando in health care
for 2013 in Best Lawyers.
served as a class manager
law by Orlando magazine,
for 35 years and been
and is included among
W. JOSEPH OWEN III ’76
J. RANDY FORBES is the
involved in University and
Florida’s best lawyers in
was listed in Virginia
U.S. Representative for
local Norfolk-area activities
Florida Monthly. He was
Super Lawyers 2012 in
Virginia’s 4th congressional
since graduation from Law
also selected for inclusion
general litigation and
district, serving since 2001.
School. He is a partner in
in Best Lawyers in health
criminal defense. He is a
He is a member of the
the labor and employment
care law.
partner with Owen and
Republican Party.
law practice group of
Owens in Midlothian.
Kaufman & Canoles in
Norfolk.
UVA LAWYER / SPRING 2013 51
CLASS NOTES
…
MICHAEL P. HAGGERTY
The Douglas P. Ferguson
Law School he clerked
for Justice George M.
was listed in Texas Super
F.B. WEBSTER DAY ’79 was
Award is given for
Lawyers 2012 in banking
named Best Lawyers 2013
outstanding service and
Cochran ’36 of the Virginia
and real estate law. He was
Lawyer of the Year in public
extraordinary commit-
Supreme Court. He was
named a Best Lawyer in
finance law, while also
ment to conserving land
then in private practice for
Dallas by D magazine in
recognized in corporate
for people across America.
several years in Staunton
2012 and selected for Best
and public finance law. He is the member in charge
An attorney with Miller &
before going into
Lawyers 2013 in real estate
of Spilman Thomas & Battle’s Roanoke, Va., office,
Martin in Chattanooga,
prosecution. He and his
law. He is partner and co-
where he concentrates his practice in public finance
Tenn., McCallie has long
wife, Nancy, have lived in
head of the Jackson Walker
and counseling lenders in commercial transactions.
focused his practice on
Charlottesville since 1996.
real estate, nonprofit or-
They have two grown
ganizations, conservation
daughters.
finance practice group.
law, and public and private
1979
1980
MICHAEL K. KUHN was
JOHN F. BRENNER is listed in
the Chattanooga Times
named a 2012 Texas Super
New Jersey Super Lawyers
Free Press, “His blending
Lawyer by Texas Monthly
2013 in class action/mass
of professional legal work
magazine and is listed in
torts, personal injury
in these areas along with
Best Lawyers 2013 in real
defense: products, civil
his advocacy for land
RICHARD D. KIRK was
estate law. He is a partner
litigation defense. He is
stewardship, volunteerism
recognized in Chambers
with Jackson Walker in
a partner in the health
and civic advancement
W. DAVID PAXTON was listed
USA 2012 for intellectual
Houston, where he focuses
effects litigation practice
has paid off in an array of
in Super Lawyers Business
property law. He was also
his practice on commercial
group with Pepper
civic ventures.” For 15 years
Edition 2012 in employ-
recognized in Best Lawyers
real estate with emphasis
Hamilton in Princeton,
McCallie has focused
ment & labor law. Virginia
2013 for administrative/
on office and retail leasing
and focuses his practice
much of his volunteer and
Living listed him as a Legal
regulatory law and
in the real estate group.
nonprofit development
initiatives. According to
on the defense of complex
legal work on arranging
Eagle 2012 in employment
litigation-intellectual
products liability and
the land acquisitions and
law-individuals, employ-
property. Kirk is a director
mass tort cases against
conservation easements
ment law-management,
at Bayard in Wilmington,
pharmaceutical and medi-
that have become
labor law-management,
Del., where he focuses his
cal device manufacturers.
integral parts of our newer
and litigation-labor &
outdoor public spaces.
employment. He is named
practice on general
business litigation,
PERRIN R. LOVE is listed
intellectual property
in Best Lawyers 2013 in
RICHARD E. MOORE was
listed as a Top Rated
litigation, administrative
in Best Lawyers 2013 and is
commercial litigation,
recently selected by the
Lawyer for labor and
law, and alternative
ELY A. LEICHTLING was
eminent domain and
Virginia General Assembly
employment and
dispute resolution.
named in Wisconsin Super
condemnation law, and
as a juvenile and domestic
commercial litigation in
Lawyers 2012 in employ-
litigation-intellectual
relations district court
The American Lawyer. He is
JOSEPH W. RYAN JR. is listed
ment & labor law and in
property. He is a share-
judge. He serves in the
a partner with Gentry
in Ohio Super Lawyers 2013
Best Lawyers 2013 in the
holder and director with
16th Judicial District
Locke Rakes & Moore in
in intellectual property
areas of employment
Clyde Snow in Salt Lake
of Virginia and sits in
Roanoke.
litigation. He is a partner
law-management, labor
City, Utah.
Albemarle, Greene, Louisa,
with Porter Wright in
law-management, and
Columbus, where he
litigation-labor &
ALLEN MCCALLIE has been
focuses his practice in the
employment. He is a
awarded the highest
judge, Moore was a career
the faculty of the Virginia
area of complex profes-
partner with Quarles &
honor given by the Trust
state prosecutor for 26
State Bar’s Harry L. Carrico
sional liability, intellectual
Brady in Milwaukee.
and Orange Counties.
Prior to being named a
GEORGE A. SOMERVILLE
served as a member of
for Public Land, the na-
years and directed the UVA
Professionalism Course
property, class actions, and
tion’s second largest land
Prosecution Clinic at the
from 2009–12. He was
commercial law.
conservation organization.
Law School for 14 years.
After graduating from
52 UVA LAWYER / SPRING 2013
CLASS NOTES
…
listed in Virginia Living
Orr & Reno in Concord,
JAMES S. RYAN III was
only. “And to think I spent
magazine’s Best Lawyers
where he was a senior
named a Super Lawyer in
all those years drafting
U.S. Senator SHELDON
WHITEHOUSE, a Democrat,
2012 in administrative/
litigator and shareholder
Texas Monthly magazine
indentures and aircraft
won his first re-election
appellate practice and
specializing in complex
and a Best Lawyer in Dallas
mortgages,” he writes. He
bid to retain his seat to
was named in Best Lawyers
commercial and civil
by D magazine in 2012.
has an office in Rockefeller
represent Rhode Island.
2013 in appellate law. He
litigation, First
He is listed in Best Lawyers
Center.
He defeated Republican
is senior counsel with
Amendment issues, and
2013 in corporate law and
challenger B. Barrett
Troutman Sanders in
land use cases.
mergers and acquisitions
Hinckley.
Richmond.
law. He is a partner with
THOMAS C. FRONGILLO
Jackson Walker, where he
joined Fish & Richardson
focuses his practice on
in Boston, Mass., as a
corporate and securities,
principal in the com-
health care, and life
CHRISTINE HUGHES
mercial litigation group.
sciences and medical
announced her engage-
He was previously with
technology.
ment to W. Sterling
Weil, Gotshal & Manges.
been named co-chair of
Wall, a coastal geologist
Frongillo represents
the International Council
from Chilmark, Martha’s
corporations and
of Shopping Centers 2013
Vineyard. “He didn’t go to
individuals in white-collar
U.S. Law Conference to be
UVA,” she writes, “but aside
criminal matters involving
held in San Diego, Calif. He
from that, he’s pretty much
alleged environmental
is managing partner of
CHRISTOPHER S. KNOPIK
perfect.” Classmates Karen
law violations, the Foreign
finance and operations for
received the George C.
Geiger, Tina Ravitz, and
Corrupt Practices Act,
Ballard Spahr and focuses
Carr Memorial Award for
Mike Clarke have met him
securities fraud, health
THATCHER A. STONE left the
his practice in Baltimore,
2012 bestowed by the
and approve, she reports.
care fraud, misappro-
practice of law to start an
Md., on commercial real
Tampa Bay Chapter of the
priation of intellectual
insurance company after
estate financing, leasing,
Federal Bar Association.
property, computer fraud,
25 years working
development, and
The award, named for the
and public corruption.
throughout the world as
restructuring. He is listed
late U.S. District Judge,
an aircraft finance lawyer.
in Best Lawyers 2013 in real
recognizes excellence in
WILLIAM H. HINES was
In 2010 he returned to the
estate law.
federal practice and
selected to reign as Rex
law as a litigator focusing
2013, King of Carnival at
on aviation-related
ELIZABETH TURRELL FARRAR
federal bar. He is listed in
New Orleans’ Mardi Gras.
matters. He is one of the
reports that she had a
Florida Super Lawyers 2013
The honor is a great one
few AV-rated lawyers in
wonderful time recon-
in personal injury plaintiff:
for a native New Orleanian
New York City who deals
necting with classmates
general, and personal
steeped in Mardi Gras
with non-crash aviation
at the celebration of the
injury plaintiff : medical
Justice JAMES P. BASSETT
tradition. In addition to
personal injury for
capital campaign. She
malpractice, business
was sworn in as an
working on the celebra-
plaintiffs.
enjoyed taking advantage
litigation. Knopik is a
Associate Justice of the
tion, public service is an
of the panels, especially
founding member of
Supreme Court of New
implicit requirement of
the U.S. Courts of Appeal
one on governance in
Knopik Deskins Law Group
Hampshire in July. He was
anyone to be considered
and in the District Courts,
higher education, which,
in Tampa.
nominated by Governor
for Rex. Hines serves on a
Stone was named one of
she writes, was interesting
John Lynch, who noted
number of organizations
the New York area’s best
not only from the UVA
ROBERT P. LATHAM was
that Bassett would bring a
and boards that benefit
lawyers and has been
perspective but also in
named a Super Lawyer
new perspective to the
the region. He is managing
featured in the American
relation to what she’s
in 2012 in Texas Monthly
high court, never before
partner of Jones Walker
Lawyer, the Wall Street
seen in her hometown of
magazine.
having served as a judge.
and a member of the
Journal, and The New York
Columbus, Ohio. The trip
He is a partner with
Bassett argued many
business & commercial
Times, as well as New York
also provided the chance
Jackson Walker in Dallas
appeals to the Supreme
transactions practice
magazine in a supplement
to see her son, Bill, who is
and Houston.
Court in his 27 years with
group.
featuring AV-rated lawyers
a first-year student.
1981
1982
After several victories in
1983
RAYMOND G. TRUITT has
exceptional service to the
UVA LAWYER / SPRING 2013 53
CLASS NOTES
…
JOHN LASKEY has joined the
the American Revolution &
secondary treatment
TIM ST
ST.CLAIR ’83 joined Nexsen Pruet as
Marlton, N.J., office of Stark
Secured Religious Liberty.
center for women with
a member
practicing in the Greenville,
me
& Stark as a shareholder.
Ragosta is currently a visit-
drug and alcohol issues,
ing assistant professor of
and currently serves on
S.C.,
S.C office. St.Clair is a veteran intellectual
property litigator in South
le
THOMAS G. MCNEILL was
history at Hamilton College
the board of directors for
Carolina
and across the nation. His
C
listed in Chambers USA,
in upstate New York.
the Mississippi Economic
approach
is to “navigate” busia
Best Lawyers, and Michigan
Council’s M.B. Swayze
nesses and individuals through copyrights, patents,
Super Lawyers for 2012.
Last year WILLIS P.
Educational Foundation.
trademarks, and trade secrets, from conception to
McNeill is a member and
realization and, if necessary, to dispute resolution. His
practice department
WHICHARD LL.M., S.J.D.
’94 was elected one of
with Watkins & Eager in
practice focuses not only on litigation of IP disputes,
manager for commercial
three public members of
Jackson, where she spe-
but also on IP dispute avoidance, as well as applica-
litigation and alternative
the board of directors of
cializes in civil trial work.
tions, registrations, and IP portfolio strategies.
dispute resolution with
the Federation of State
Dickinson Wright in
Humanities Councils.
STEVE M. PHARR has been
Detroit where he focuses
He is a member with
named in Best Lawyers
his practice in the areas of
Moore & Van Allen in
2013 in construction law
class action, commercial
Morrisville, N.C., where
and litigation. He is also
& business litigation,
he focuses his practice on
listed in North Carolina
appellate litigation.
Super Lawyers 2013 in
JOHN E. OSBORN’s article,
1984
“Can I Tell You the Truth? A
Wiggs is an attorney
Comparative Perspective
MICHAEL CREHAN has
gaming, mergers & acqui-
on Regulating Off-Label
joined the Metropolitan
sitions, and securities.
Scientific and Medical
Washington Airports
Information,” which
Authority as associate
JOHN RAGOSTA appeared
appeared in the Summer
general counsel. He will
at the Virginia Festival
2010 issue of the Yale
work on real estate and
of the Book on March
MARK E. BAKER has opened
Journal of Health Policy,
construction aspects of
21 to discuss his new
Baker Law in Reston, Va.
Law, and Ethics, was cited
MWAA’s project to extend
book: Religious Freedom:
His practice concentrates
CHRISTOPHER J. WINTON was
by the majority in the
Metro to Dulles Airport
Jefferson’s Legacy, America’s
on labor/employment
listed in West Virginia Super
United States v. Caronia
and beyond.
Creed (see In Print). He
and general corporate
Lawyers 2012 for estate
also appeared at Colonial
representation.
planning and probate and
(Second Circuit, 2012)
construction law and is a
1985
North Carolina top rated
lawyer in construction law.
He founded Pharr Law in
Winston-Salem in 2000.
in rejecting the govern-
JOHN HUTSON has retired
Williamsburg in April
ment’s prosecution of
from the U.S. Army Judge
as part of their Religion
REBECCA LEE WIGGS has
work in trusts and estates.
a pharmaceutical sales
Advocate General Corps
Month, to discuss his first
received the Lawyer
He is the managing
representative on First
and is working for the
book: Wellspring of Liberty:
Citizenship Award from
member of Ray, Winton &
Amendment grounds.
Army as a civilian attorney
How Virginia’s Religious
the Mississippi Bar. Among
Kelley in Charleston.
in Zama-shi, Japan.
Dissenters Helped to Win
her many volunteer
in Best Lawyers 2012 for his
JOHN M. SHEFTALL is
leadership roles, she leads
listed in Georgia Super
attorneys and legal staff
Lawyers 2013 in estate
in their work for Habitat
1986
planning & probate and
K.C. GREEN ’84 is listed
for Humanity’s Women
PETER BEER LL.M. is one
in Best Lawyers 2013 in
in Ohio Super Lawyers
Build program and has
of six plaintiffs in Beer vs.
litigation-trusts & estates
2013 in personal injury
been chair of the Red
United States, which has
and trusts & estates. He
defense: products and
Beans and Rice Festival
reached the Supreme
is a partner with Hatcher,
civil litigation defense,
for Stewpot Community
Court. It is a claim on
Stubbs, Land, Hollis &
health care. He is also
Services, which offers
behalf of federal judges
Rothschild in Columbus,
listed in Best Lawyers
food, clothing, shelter,
that seeks relief from
where he focuses his
2013 in mass tort litigation/class actions-defendants
childcare, mentoring,
congressional action that
practice on fiduciary law,
and mass tort litigation/class actions-product liability
and other programs to
deprived federal judges of
including estate planning,
litigation. He is a partner with Ulmer Berne in
those in need. She has
cost of living adjustments
estate administration, and
Cincinnati.
served on the board of
granted to all other federal
New Life for Women, a
employees.
fiduciary litigation.
54 UVA LAWYER / SPRING 2013
CLASS NOTES
…
EILEEN BRUMBACK has
Francisco Bay area, the
Company in Philadelphia.
in 2006. She and her team
in transportation, and her
been named chairman
organization has initiatives
She lives in Swarthmore,
now provide individual
management and leader-
of the board for Dress
and cases throughout the
Pa., with her husband and
and large-scale consulting
ship achievements. Coyner
for Success Worldwide,
West. Gardner was previ-
two daughters.
services worldwide via
most recently served
an international not-for-
ously with the National
Naomi Beard & Associates.
as chief of staff to the
profit organization that
Center for Youth Law.
JEFFREY STANDEN has been
She lives with her family in
National Capital Region’s
provides professional
named dean of the Chase
Lincoln, Neb.
Senior Policy Group on
attire, tools for career
College of Law at Northern
development, and support
Kentucky University. He
SCOTT C. OOSTDYK was
emergency management.
to help disadvantaged
was previously the Van
awarded the John C.
She brought together
women gain economic
Winkle Melton professor
Kenny Pro Bono Award
hundreds of stakeholders
independence and thrive
and associate dean for
by the Richmond Bar
to develop a strategic plan
in the workplace and in
faculty at Williamette
Association. He is a partner
that guided the invest-
life. Brumback is senior
University College of Law
with McGuireWoods in
ment of federal homeland
in Salem, Ore.
Richmond and was se-
security in transportation,
lected for inclusion in Best
emergency response, and
terrorism prevention.
homeland security and
vice president and general
LAWRENCE HATCH recently
counsel at GE Capital Real
became managing
Estate, headquartered in
director of the Glenmede
KENNETH WILLIAMS, profes-
Lawyers 2013 in commer-
Norwalk, Conn., which
Trust Company, where he
sor of law at South Texas
cial, bet-the-company, and
partners with Dress for
oversees the Ohio region
College of Law, has been
environmental litigation.
Success. She leads GE’s
for the $25 billion
selected as a Fulbright
awarded the John C.
company-wide pro bono
independent wealth
specialist and will teach
Kenny Pro Bono Award
efforts and volunteer work
management firm.
“U.S. Criminal Justice
for the program, and has
Glenmede Trust manages
and Legal System” at the
Association. Johnson was
served on the Dress for
$3 billion in assets with 25
Federal University of Bahia
named a Leader in the Law
Success Worldwide board
professionals in its
in Brazil. The Fulbright
in 2012 by Virginia Lawyers
of directors since 2011.
Cleveland-area office.
organization selects an
Weekly and was elected
elite group of educators
chair of the board of
PATRICK GARDNER is
SUSAN P. LIEMER started
each year to teach in
governors of the Virginia
president and board
the Legal Writing Prof
foreign countries as part
Bar Association. He is a
member of Young Minds
Blog in 2005, which she
of an effort to promote
JOHN M. COOPER is listed in
partner with Hunton &
Advocacy Project, a
continues to write with
mutual understanding and
Virginia Super Lawyers 2013
Williams in Richmond,
not-for-profit organization
colleagues. The ABA
respect between the U.S.
for personal injury law. He
where he concentrates his
he founded in 2012 that
Journal included it in its
and other countries. The
is a founding partner of
practice on environmental
works to improve access
list of top 100 “blawgs” for
course will be taught for
Cooper Hurley in Norfolk,
litigation and trial work.
to good mental health
2012. The Chicago Daily
four weeks beginning in
where he focuses on
care for low-income young
Law Bulletin also reported
mid-May, which is in the
personal injury law and
LISA WILSON EDWARDS was
people with serious needs
on the blog on December
winter semester for the
litigation involving car,
appointed in March 2011
and to reform mental
28. You can check it out
students.
truck, train, and motor-
to serve as an administra-
health systems so they
at http://www.typepad.
cycle accidents.
tive appeals judge on the
are more responsive and
lawprofessor/legalwriting.
accountable to the young
Liemer is professor of law
people and families they
and director of lawyering
serve. YMAP uses policy
skills at Southern Illinois
analysis, program evalu-
University School of Law in
ations, legal strategies,
Carbondale.
and public education to
1987
1988
HARRY M. JOHNSON III was
by the Richmond Bar
administrative review
KELLEY COYNER was
board by former Secretary
unanimously appointed
of Labor Hilda Solis. In this
Following an almost
executive director of
role, Edwards serves on a
ten-year tenure in private
the Northern Virginia
panel responsible for issu-
practice (Milbank, Tweed;
Transportation
ing final agency decisions
Shaw Pittman), NAOMI
Commission (NVTC).
for the Secretary in cases
improve the mental health
JENNY SHULBANK heads
(WILKINSON) BEARD began
Board members praised
arising under a wide range
system and make it more
the labor and employ-
providing executive coach-
Coyner’s long record
of worker protection laws
effective, particularly for
ment practice group for
ing and consulting to law
of building regional
that include environmen-
youth. Founded in the San
Exelon Business Services
firms and their attorneys
partnerships, her expertise
tal, transportation and
UVA LAWYER / SPRING 2013 55
CLASS NOTES
…
Carolina Super Lawyers
partner with Taft Stettinius
JAMES F. WILLIAMS ’88 was
2013 in the areas of health
& Hollister, where he
honored with the
care and business/
focuses on litigation,
Outstanding Mentor Award
corporate law. He is a
arbitration, and dispute
given by the King County
founding partner with Wall
resolution.
Bar Association Young
Esleeck Babcock in
Lawyers Division in the
Winston-Salem.
Seattle area. Committed to
helping young lawyers for
years, he was one of the
1990
founders of the Washington
1991
NAILA AHMED was honored
by the YWCA of Richmond
State Bar Association’s Leadership Institute, which recruits, trains, and develops
as one of its Outstanding
attorneys in the state. Williams is a partner in the litigation practice of Perkins Coie.
Women. Ahmed was
recognized for her work
securities whistleblower
1989
protection, H-1B immigra-
in law and government
DAVID N. COHAN was listed
and was selected based
in Virginia Living as a Legal
on her leadership skills,
her achievements, and her
tion provisions, and
DANE H. BUTSWINKAS was
Eagle 2012 in copyright
federal construction and
inducted as a fellow into
and trademark law and
CURTIS P. BOUNDS is listed in
commitment to improving
service contracts. the American College of
is named in Best Lawyers
Best Lawyers 2013 in family
the lives of women and
Trial Lawyers in November.
2013 in these areas as
law. He is a director at
children in the Richmond
was an appellate at-
Fellowship is extended
well. He is a partner and
Bayard in Wilmington, Del.
community. She is director
torney in the Civil Rights
only to experienced trial
member of the banking
and is head of the family
of talent management at
Division of the United
lawyers who have mas-
& finance practice group
law practice, focusing his
Williams Mullen, where
States Department of
tered advocacy and those
with Gentry Locke Rakes &
work on complex divorce
her responsibilities include
Justice for 19 years. She
whose legal careers reflect
Moore in Roanoke.
and child custody cases.
recruiting, training, and
assisted the U.S. Solicitor
the highest standards of
General in the preparation
professionalism, ethics,
LISA STEEN PROCTOR has
STAN PERRY has joined
a number of boards, includ-
of cases litigated in the
civility, and collegiality.
a blog, www.we-never.
Reed Smith as a partner
ing St. Andrew’s School,
U.S. Supreme Court and
He is listed in Best Lawyers
com, where you can read
in Houston, Tex., where
Metropolitan Business
advised the Assistant
2013 in commercial
about her adventures;
he is a member of the
League, Richmond First Tee,
Attorney General for
litigation and white-collar
every week for one year
energy & natural resources
and YWCA, as well as the
Civil Rights on positions
criminal defense and was
she and a friend aim to do
industry group. He is listed
Virginia Museum of Fine
taken by the United States
named in Washington
something new and blog
in Best Lawyers 2013 in
Arts Foundation Business
in civil rights matters.
D.C. Super Lawyers 2012
about the experiences.
toxic tort litigation. He was
Council.
From 2007–09 she was a
in civil litigation defense
previously with Haynes &
Commissioner with the
and Chambers USA 2012
Boone.
Human Rights Commis-
in litigation: general
sion in Montgomery Co.,
commercial for the District
RUSSELL S. SAYRE was
director for diversity and
Md. In 2010 Lisa served as
of Columbia.
recognized in Best Lawyers
inclusion at the Defense
2012 in appellate practice,
Contract Management
commercial litigation,
Agency (DCMA). The DCMA
Previously, Edwards
Deputy Associate Counsel
diversity. She has served on
GEORGE BRAXTON is now
special advisor to the
Butswinkas is a partner
for Personnel in the Office
with Williams & Con-
of Presidential Personnel
nolly, where he focuses
JAMES D. WALL was named
and litigation-banking
is the Department of
at the White House. She
his practice on trial and
in Best Lawyers as
& finance. He is listed
Defense component that
lives in Potomac with
arbitration work.
Greensboro Corporate Law
as a Leading Lawyer in
works directly with defense
Lawyer of the Year for 2012
business litigation in Cincy
suppliers to help ensure
her husband, Robert H.
Edwards, Jr., and their
HARRY CLARK is now head
and is currently listed as a
magazine and in Ohio
that DOD, Federal, and
children, ages 16 and 14. of the international trade
Legal Elite in Business
Super Lawyers 2013 in
allied government supplies
and compliance group at
North Carolina. He is also
business litigation. He is a
and services are delivered
Orrick in Washington, D.C.
recognized in North
56 UVA LAWYER / SPRING 2013
CLASS NOTES
…
on time, at projected cost,
MAC WARNER LL.M. works for
SEAN PATRICK MALONEY was
and meet all performance
an INL State Department
elected to the U.S. House
GEORGE COLLINS ’92 and
requirements. DCMA
contractor and is the
of Representatives for New
his wife, Marketa,
directly contributes to the
justice sector support
York’s 18th Congressional
welcomed a daughter
military readiness of the
program team leader for
District, defeating
and first child, Julie
United States and its allies
the province of Bamyan in
incumbent Republican
Marie, on August 1.
and helps preserve the
Afghanistan. He has been
Rep. Nan Hayworth.
They reside in Prague,
nation’s freedom.
doing rule of law work
Czech Republic.
for the past two years.
AMY ELIZABETH STEWART has
Bamyan is known for the
published Texas Insurance
2001 Taliban destruction
Coverage Litigation: The
of the world’s largest
Litigator’s Practice Guide, a
in 2012 to update video
Museum of Natural
standing Buddha statues,
desk reference published
privacy laws.
History, and enjoys vol-
leaving two large empty
by Texas Lawyer (see In
niches in the mountainside
Print). She is shareholder of
adjacent to the Silk Road
Amy Stewart Law in Dallas,
of Afghanistan. He and his
where she represents
Maxim, are proud of their
team of Afghan attorneys,
policyholders in commer-
young UVA fans, Hampton
(12) and Sophia (9).
unteering at his children’s
1994
schools. He and his wife,
Adrienne McCullough
translators, and adminis-
cial insurance coverage
ALEXANDER M. MACAULAY is
trators have taught more
disputes, including insur-
listed in Best Lawyers 2013
than 300 judges, pros-
ance coverage litigation
JOHN B. NALBANDIAN is
in government relations
ecutors, defense counsel,
and arbitration, bad-faith
listed as a leading lawyer
law. He is a founding
police, and Department
litigation, pre-suit advice
in civil litigation, business,
partner of Macaulay &
of Women’s Affairs
and negotiations, and
Burtch in Richmond, Va.
personnel topics, including
other complex litigation
BRIAN R. BOOKER is listed in
magazine and in Best
constitutional law, penal
matters.
Best Lawyers 2013 in
Lawyers 2012 in appellate
and general law in Cincy
KEN PAXTON was elected
code, criminal procedure,
commercial litigation. He
practice. He is a partner
to the Texas Senate in
elimination of violence
ILIR ZHERKA is executive
is a partner with Quarles &
in the litigation depart-
November after serving
against women, gender
director of the National
Brady in Phoenix, Ariz.,
ment of Taft Stettinius &
five terms in the Texas
justice, juvenile justice,
Conference on Citizenship,
where he focuses his
Hollister, where he focuses
House of Representatives.
money laundering, trial
a congressionally chartered
practice on commercial
on appellate law.
He was recently ap-
advocacy, interrogation,
organization dedicated to
and professional liability,
pointed vice-chair of the
legal writing, and ethics.
increasing civic engage-
real estate, securities fraud,
Senate Committee on
ment throughout the U.S.
and products liability.
Transportation. Paxton
He previously led D.C. Vote,
also serves on the Senate
1992
Education Committee,
1995
an organization working to
KEVIN MAXIM has been
ROB BELL, Delegate to
gain full voting repre-
named in Georgia Super
the Virginia House of
the Senate Committee on
BERT GOOLSBY LL.M.
sentation in Congress for
Lawyers in business litiga-
Representatives, is running
Government Organization,
recently published The
Washington, D.C. residents.
tion each year since 2010,
for the office of Attorney
the Senate Committee
Locusts of Padgett County,
and as one of the Top 100
General. This spring he’s
on Intergovernmental
a story inspired by a 1909
Georgia Super Lawyers in
travelling across the state
Relations, and the Senate
South Carolina Supreme
2012 and 2013. He also
in the weeks leading up
Jurisprudence Committee.
Court case in a time when
was recognized as one of
to the Republican primary
He and his wife, Angela,
racial prejudice shaped
As part of his work at
Georgia Trend’s 2012 Legal
nominating convention
reside in McKinney with
laws and the administra-
Monument Policy Group,
Elite. His Atlanta-based
in May.
their three teenage
tion of justice (see In
STEWART VERDERY worked
Maxim Law Firm marked
daughters. His son is a
Print). He is a former chief
closely with David
its fourth anniversary at
KIRBY GRIFFIS has started
sophomore at Baylor
deputy attorney general of
Hyman, general counsel
the beginning of 2013.
the blog, BriefRight, (www.
University.
South Carolina and former
at Netflix, on legislation
Kevin serves on the board
briefright.com), which
criminal prosecutor.
enacted by Congress late
of trustees of the Fernbank
focuses on how to write
1993
UVA LAWYER / SPRING 2013 57
CLASS NOTES
…
and edit winning legal
Democratic Caucus. He
NICOLE G. FITZPATRICK has
compliance professionals
briefs. He is a partner
also appeared in this year’s
been named an In-House
to ensure that the ACS
with Hollingsworth in
premiere episode of How
Leader in the Law for 2013
operates in compliance
Washington, D.C., where
the States Got Their Shapes
in Massachusetts Lawyers
with laws that govern
he tries cases nationwide,
on the History Channel.
Weekly. She is assistant
public charities. He
in-house counsel for
provides strategic legal
mainly for pharmaceutical
PAUL B. TURNER has joined
Akamai Technologies, Inc.,
counsel to the society’s
Reed Smith as partner in
a leading cloud platform
board and program and
LEEZIE KIM was recently
Houston, Tex., where he is
that provides secure and
operations leadership to
appointed to the Phoenix
a member of the energy &
high-performing connec-
support the mission of the
tions for e-commerce.
nation’s largest voluntary
and medical device clients.
1996
Aviation Board for a
natural resources industry
MICHAEL D’AGOSTINO won
four-year term. She is a
group. He focuses his prac-
a seat in the Connecticut
partner in the corporate
tice on evolving energy
KEVIN W. HOLT was listed as
State Legislature in
services group with
and commodity markets,
a Legal Eagle in the area
LORI D. THOMPSON was
November, running unop-
Quarles & Brady in
principally the physical
of commercial litigation in
recognized by Virginia
posed as a Democrat to
Phoenix, Ariz., where she
and financial trading of
Virginia Living in 2012. He
Lawyers Weekly as a 2012
fill the seat of the retiring
focuses her practice on
energy commodities. He
has been named in Best
Leader in the Law. She is
Representative in the 91st
helping clients navigate
is listed in Best Lawyers
Lawyers 2013 in the area
immediate past president
District.
the laws of national
2013 in derivatives law
of commercial litigation.
of the Roanoke Bar
security and international
and futures law. He was
He was also listed in
Association and cur-
TREY HANBURY recently
business transactions as
previously with Sutherland
American Lawyer as a Top
rently serves as chair of the
joined Hogan Lovells as
well as health care and
Asbill & Brennan.
Rated Lawyer for 2013 in
Roanoke Law Foundation,
a partner in Washington,
restaurant business
commercial litigation. He
a member of the Virginia
D.C. He focuses his
transactions. While serving
is a partner with Gentry
Bar Association Board of
practice on the regulatory,
as deputy general counsel
Locke Rakes & Moore in
Governors, and a board
transactional, and policy
for the U.S. Department of
Roanoke.
member of the Virginia
issues affecting wireless
Homeland Security she
Poverty Law Center. She
broadband companies,
became involved in
is a shareholder in the
such as spectrum auctions
aviation security, border
litigation department at
and assignments, foreign
entry matters, and
LeClairRyan.
ownership, interoperability,
customs issues at airports.
1997
health organization.
and competition policy.
1998
He previously served as
JASON WILLIAM MORGAN is
regulatory counsel for
the managing partner of
BRIAN W. BYRD is listed in
Sprint Nextel Corporation,
Drohan Tocchio & Morgan,
North Carolina Super
where he represented
a ten-lawyer firm on the
Lawyers 2013 in real estate.
the company before the
South Shore of Boston,
He was selected for Best
TIMOTHY B. PHILLIPS has
court judge, is currently an
Federal Communications
Mass. In 2012 Jason and
Lawyers 2013 in real estate
been named general
arbitrator specializing in
Commission, the National
his wife, Jennifer, adopted
law and land use & zoning
counsel and chief legal
commercial and employ-
Telecommunications and
their second child from
law and was named Lawyer
executive with the
ment fields for the
Information Administration,
Ethiopia. They now have
of the Year for 2013 in land
American Cancer Society,
American Arbitration
the Departments of Justice
five children from age 3
use & zoning law. He was
headquartered in Atlanta,
Association in New York.
and Homeland Security,
to 21.
also listed in Business North
Ga. He heads the office of
She has arbitrated solo
Carolina’s Legal Elite in real
corporation counsel,
and as chair in complex,
and Congress. “When I’m
Judge BILLIE COLOMBARO
(ret.), a former appellate
not geeking out in wireless
SCOTT SUROVELL, Virginia
estate for 2013. He is with
where he served since
technical matters, and
land,” he writes, “I stay busy
State Delegate represent-
Smith Moore Leatherwood
2005 as senior counsel and
has presented at dispute
with my wonderful wife,
ing the 44th District, has
in Greensboro.
interim general counsel.
resolution conferences,
Suzanna, and our two busy
been selected as political
Phillips leads a nationwide
including for the ABA.
kids, Amelia (6) and Nate (2). director and campaign
team of legal and
She is a member of the
chairman for the House
58 UVA LAWYER / SPRING 2013
Chartered Institute of
CLASS NOTES
…
prosecuted former Mayer
1999
in June. He is a member
Brown partner Joseph
of the business litigation
Collins for his participation
and employment litigation
in the $2.4 billion fraud
practice groups at
at commodities broker
Hodgson Russ, where he
Refco. He also prosecuted
focuses his practice on
former N.Y. State Sen.
employment-related litiga-
Efrain Gonzalez, sentenced
tion, defending employers
in 2010 to seven years
in lawsuits that involve
in prison for using two
harassment, discrimination, whistleblower claims,
non-profits to pay for his
LODIE V. BIGGS has been
breach of contract,
named chair of Baker
restrictive covenants,
KEVIN T. PIGOTT has been
Donelson’s economic
ERISA, and tort claims. He
personal expenses.
appointed of counsel to
development team. Biggs
recently served a term as
The formal investiture for ROBERT J. SHELBY ’98 to
Bean, Kinney & Korman
is a shareholder in the
president of the Minority
the U.S. District Court for the District of Utah took
in Arlington, Va., where
firm’s Memphis office and
Bar Association of Western
place March 29. Speakers at the event included U.S.
he focuses his practice on
frequently represents
New York.
Senators Orrin Hatch and Mike Lee; local Utah state
commercial real estate,
companies locating or
court judges Deno Himonas and James Blanch; and
financing, and corporate
expanding within
Richard Burbidge, local trial attorney and former
transactions.
Tennessee and other
jurisdictions, including
colleague of Judge Shelby’s from the law firm of
VALERIE WAGNER LONG
assisting companies in
was selected to chair the
negotiating and securing
Christensen & Martineau, where his practice focused
Charlottesville Regional
tax and other economic
on complex commercial litigation and catastrophic
Chamber of Commerce’s
development incentives
personal injury cases on behalf of both plaintiffs
board of directors for
for the companies’
and defendants in state, federal, and administrative
2013 and is listed in Best
investments in the
STEPHANIE L. CHANDLER has
courts throughout the country.
Lawyers 2013 in real estate
community.
been recognized as a
Burbidge, Mitchell & Gross.
Shelby previously was shareholder at Snow,
and land use & zoning law.
rising star for 2013 in Texas
She is a partner at Williams
Monthly. She is a partner
Mullen, where she focuses
with Jackson Walker in San
Arbitrators, where he
Greensboro, where he
her practice on real estate
Antonio, where she
serves on the Assessment
focuses his practice on
transactions and land use
focuses her practice on
and Examination Board,
commercial litigation,
matters.
securities transactions,
the ABA Advocate
particularly relating to
Committee, the ABA
construction, contract, real
This fall HELEN C. WAN is
mergers and acquisitions;
Dispute Resolution
estate, title insurance, and
publishing her first novel,
technology licensing and
Section, the New York
landlord-tenant matters.
The Partner Track, in which
JOSEPH S. BROWN was
commercialization; and
a promising Chinese-
recently elected to
general corporate work.
Bar Association Dispute
reporting, and compliance;
Resolution Section, and the
MICHAEL LEVY was
American attorney on
partnership with Hodgson
She is also head of the
New York City Bar. She is
appointed head of the
the verge of becoming a
Russ in Buffalo, N.Y.
technology section.
also certified as a mediator.
appeals unit of the
partner at a prestigious
Manhattan U.S. Attorney’s
firm has to decide how
elected to the New York
He has also been
NEALE T. JOHNSON is listed
Office. Levy had been a
to handle an incident at
State Bar Association
in Business North Carolina’s
member of the office’s se-
the firm outing that goes
House of Delegates as
Legal Elite 2013 in
curities and commodities
against her principles.
a representative of the
construction.
fraud task force. He joined
Wan is associate general
Eighth Judicial District.
the office in 2002 and
counsel at Time, Inc.
His one-year term begins
He is with Smith
Moore Leatherwood in
was part of the team that
UVA LAWYER / SPRING 2013 59
CLASS NOTES
…
ANTHONY M. RUSSELL has
KANDICE KERWIN HULL was
ANDREW MCCANSE WRIGHT
been named in Best
selected as a recipient
is an associate professor
Lawyers 2013 in the areas
of the YWCA Tribute to
at Savannah Law School,
of mass tort litigation/
Women of Excellence
where he teaches criminal
class actions-plaintiffs,
Award for 2013. The
law, criminal procedure,
medical malpractice
award recognizes women
and courses on separation
VINCENT E. POLSINELLI was
law-plaintiffs, and personal
LISA C. DEJACO has been
for their leadership as
of powers, criminal theory,
recently elected to
injury litigation-plaintiffs.
selected to participate in
professionals and as
and national security law.
partnership with Nixon
American Lawyer lists him
the Bingham Fellows class
community volunteers
He recently served in the
Peabody in Albany, N.Y.,
as a Top Rated Lawyer for
of 2013. The Bingham
in central Pennsylvania.
Office of White House
where he represents
2013 in the areas of medi-
Fellows provides leaders
Hull is co-chair of
Counsel with a focus on
corporate clients in all
cal malpractice, personal
with opportunities to
the Pennsylvania Bar
congressional oversight
aspects of employment-
injury, and legal malprac-
develop solutions for key
Association’s Legal Service
and national security.
related litigation, including
tice law. He is a partner
community problems in
to the Public Committee
class actions and
with Gentry Locke Rakes &
Louisville, Ky. DeJaco is an
and a member of the
individual plaintiff lawsuits
Moore in Roanoke, Va.
alumna of the Leadership
Pennsylvania, Dauphin
under Title VII, the FLSA,
Louisville program. She is a
County, and Lebanon
the ADA, ADEA, and other
partner with Wyatt, Tarrant
County Bar Associations.
& Combs, where she is a
She has made significant
member of the litigation &
contributions to pro bono
RYAN CLINTON has been
dispute resolution service
legal work as pro bono co-
MICHELLE P. QUINN has
board certified in
team. She focuses her
ordinator for her law firm.
joined Berger Harris as
civil appellate law. He was
practice on intellectual
A member of McNees
partner in the corporate/
recognized as a rising star
property litigation, and
Wallace & Nurick in Har-
business entity counsel-
in Texas Super Lawyers
was listed in Best Lawyers
risburg, Pa., Hull practices
ing practice group in
2013, the ninth time he
2013 in this area.
in the litigation, appellate
DONALD C. LEGOWER has
Wilmington, Del. Her
has been so honored, and
and post-trial, and trans-
been promoted to partner
practice focuses on
was selected by Texas
portation, distribution,
at Dechert in Philadelphia,
advising clients on
Lawyer as one of the
and logistics groups.
Pa., where he is a member
Delaware law concerning
top 25 most promising
partnerships and limited li-
attorneys in Texas under
DANIEL RAVICHER was
and focuses on consoli-
ability companies. She was
40. He is with Hankinson in
named Appellate Lawyer
dated and class
previously counsel in the
Austin, where he repre-
of the Week by the
action litigation.
Limited Liability Company
sents clients in the Texas
National Law Journal in
and Partnership Advisory
Supreme Court, the U.S.
MICHAEL P. ELKON is listed in
November. He teaches
Group at Richards, Layton
Court of Appeals for the
Georgia Super Lawyers
at Benjamin N. Cardozo
& Finger.
Fifth Circuit, Texas interme-
2013 for litigation on
School of Law and is
diate courts, and the U.S.
behalf of employers. He is
executive director of the
RILEY ROSS opened his own
Supreme Court. In recent
of counsel with Fisher &
Public Patent Foundation,
law firm in Philadelphia,
years he has handled
Phillips in Atlanta, where
a nonprofit legal services
Pa., on March 1. The
appeals in groundbreaking
he represents manage-
organization that fights
firm, Ross Legal Practice,
oil-and-gas litigation.
ment in all areas of
bad patents and bad
employment law.
patent policy.
federal and state employ-
2000
ment laws.
specializes in civil rights
2001
of the litigation practice
2002
litigation, criminal
CHRIS CONVERSE has been
defense, employment
named a rising star in
JACQUELINE FERRELL and
SAHEEN SHEIK-SADHAL
SARAH ERICKSON ANDRE was
discrimination, internal
Texas Super Lawyers 2013
her husband, Chris,
welcomed her second
recently elected to
investigations, and
in the area of business/
welcomed their second
child on December 30.
partnership with Nixon
personal injury.
corporate law. He is a
son, Elliott Dolan Ferrell,
Shamsher Aashiq joins her
Peabody in Los Angeles,
partner with Gardere
on June 21, 2012.
happy big sister, Samiyah
Calif., where she is a
Rumi.
member of the
Wynne Sewell in Dallas.
60 UVA LAWYER / SPRING 2013
CLASS NOTES
…
she focuses her practice
JASON HEEP is partner at
Europe; Andrea Hamilton
BERND J. HARTMANN LL.M. ’02
on branding, advertising,
Gardere Wynne Sewell in
’03 is also practicing
has been appointed full
and promotions issues.
Dallas. Heep represents
competition law there.
He writes that the thing
professor at Osnabrueck
clients in complex
University. He teaches
commercial litigation,
that was the most painful
constitutional law, adminis-
with a specific focus on
to give up in the move was
trative law, European Union
environmental litigation
his black, big-block V-8.
law and law & economics.
and insurance coverage
“They tax those things out
Even though it is yet to be
litigation.
of existence here.” Now
he drives a tiny 4-cylinder
published, his latest book on
public tort law has already
AARON S. HULLMAN has
Peugeot. “Please look me
won two academic prizes.
been promoted to counsel
up when you’re nearby in
Osnabrueck University is famous for its European
AMANDA P. REEVES has been
with Latham & Watkins in
Brussels, Paris, Amsterdam,
Legal Studies Institutes, which rank among the most
elected to partnership
Washington, D.C., where
or London, or shoot me
important research institutions on comparative law
with Latham & Watkins in
he represents private eq-
a line and say how you’re
in Europe. Hartmann notes that the University’s
Washington, D.C. She is a
uity firms and companies
doing.”
location is no surprise, as the Westphalian Peace
member of the antitrust &
in transactional and cor-
Treaty ending the Thirty Years’ War was signed in
competition practice
porate matters, including
BRENDAN STUHAN has
beautiful Osnabrueck in 1648. group within the litigation
mergers and acquisitions,
moved to Washington,
department. Her special-
joint ventures, and private
D.C., to become senior
ties are the application of
equity financings.
associate counsel with
the antitrust laws to
the BlueCross BlueShield
commercial litigation and
STEPHEN GALOOB is finishing
high- technology
ROSCOE JONES JR. is
international disputes
his Ph.D. in the jurispru-
industries and the health
moving to Seattle to be
groups. She concentrates
dence and social policy
care industry.
an Assistant U.S. Attorney
CHRISTOPHER S. TURNER has
her practice on commer-
program at University of
in the criminal division
been promoted to counsel
cial litigation involving
California, Berkeley. In the
of the Western District of
with Latham & Watkins in
intellectual property,
fall he will join the faculty
Washington. Previously,
Washington, D.C., where
sovereign immunity,
at the University of Tulsa
he worked in the U.S.
he focuses his practice
contracts, labor disputes,
College of Law, where
Department of Justice,
on complex commercial
civil rights, and interna-
he will teach criminal
as an Appellate Attorney,
litigation, particularly on
tional property claims.
law, torts, professional
Special Counsel to the
securities fraud investiga-
responsibility, and law &
Assistant Attorney General
tions and litigation.
philosophy.
in the Civil Rights Division,
In February 2011 PAUL
2003
H. DELANEY III joined the
and Special Assistant U.S.
Attorney for the District of
Senate Committee on
Association.
2004
Finance as international
ANDREW G. BESHEAR has
Columbia. He also served
trade counsel, where
been appointed to the
as counsel and then senior
CORBAN ADDISON discussed
he advises ranking
Louisville Arena Authority
counsel to the Chairman
his recent book, A Walk
member Orrin G. Hatch,
Board of Directors by the
of the U.S. Senate Judiciary
Across the Sun, which
the Republican Finance
mayor of Louisville, Ky.
Committee.
delves into the crisis in
Committee Senators,
Beshear is a member with
international human
Stites & Harbison, where
ANDREAS STARGARD left
trafficking, at the Virginia
and other Republican
NICOLE M. MURRAY was
his litigation practice
Washington, D.C. for
Festival of the Book in
Senators and their staff
recognized as a 2013 rising
includes general litigation,
Brussels, Belgium, to join
Charlottesville in March.
on trade, investment, and
star in Illinois Super
administrative law,
Paul Hastings as partner in
international economic
Lawyers. She is a partner in
antitrust defense,
the antitrust and competi-
issues. He married Meghan
the intellectual property
environmental law, and
tion group. He reports that
E. Giulino on April 14,
group with Quarles &
professional liability
UVA Law is well repre-
2012, in Washington, D.C.
Brady in Chicago, where
defense.
sented in the “heart” of
Republican leadership,
UVA LAWYER / SPRING 2013 61
CLASS NOTES
…
2005
JONATHAN ALTSCHUL joined
DUNCAN JOSEPH MOORE has
Fox Rothschild as a partner
been promoted to partner
After almost five
in the Los Angeles office.
at Latham & Watkins in
years at Ritch Mueller,
Altschul represents a
Los Angeles, Calif., where
range of high-profile
he focuses his practice on
DIEGO BLANCO CARRILLO
LL.M. ’06 started his
clients in a variety of
obtaining and defend-
own law firm, Blanco
complex transactions.
ing project-siting and
Carrillo. The firm’s main
He serves as a steadfast
environmental approvals
practices are mergers &
advocate to some of the
for major infrastructure,
acquisitions, securities,
industry’s major recording
energy, and development
real estate, and general
artists, actors, writers, and
projects.
producers, negotiating
JAMIE L. LISAGOR has joined
corporate law. Mexico is a hot market for many
Pacifica Law Group in
international investors, and Diego offers his clients
deals and agreements,
SARAH K. MORGAN has been
Seattle, Wash., as an
high-quality services at reasonable rates. On the
including talent, devel-
made partner at Vinson &
associate in the appellate
personal front, his second baby boy, Patricio, was
opment, sponsorship,
Elkins in Houston, where
and trial litigation group.
born on November 20, in perfect health.
advertising, content
she focuses her practice on
license, distribution,
capital markets, mergers
film finance, publish-
and acquisitions, private
ing, management, and
equity, and advising public
composer agreements.
and private companies on
Altschul also guides his
governance and general
JOHN DOYLE and his wife,
ERIK RAVEN-HANSEN reports
clients to resolution in a
corporate and securities
Joan Flint, are expecting
that all is well as a fifth-
range of highly conten-
matters. She was recog-
their fifth child in October.
year associate at Baker
tious disputes.
nized in Texas Monthly as a
KATHLEEN L. MATSOUKAS was
Hostetler in Washington,
Texas rising star for 2012.
elected partner with
D.C., where he focuses
2006
Barnes & Thornburg in
2007
2008
his practice on antitrust,
Chicago, Ill., where she is a
international, and govern-
member of the litigation
ment contracts litigation.
department and the New
NUALA E. DRONEY was
York law practice group.
JILLIAN OWENS has joined
She concentrates her
Loeb & Loeb as an
practice on commercial
associate in the trusts and
litigation, internal and
estates department in
New York.
recently elected partner
ALLISON ORR LARSEN was
governmental investiga-
with Robinson & Cole in
honored with a 2012
tions, securities, and
Hartford, Conn., where she
William & Mary Alumni
white-collar defense
HOWELL O’REAR has started
is a member of the
Association Fellowship
matters.
the law firm McInteer &
litigation section. She
Award, which is given to
focuses her practice on
younger members of the
J. LEONARD TETI II has been
where his practice will
KATHERINE BEURY now
complex litigation in
faculty who are particu-
made partner in the tax
focus on the music industry
works as an associate at
federal courts, including
larly outstanding as
department at Cravath,
and health care litigation.
Rhodes, Butler & Dellinger
antitrust, patent, trade
teachers. She teaches
Swaine & Moore in New
He will continue to assist
in Roanoke, Va.
secret, trademark, unfair
constitutional law,
York City. He focuses
clients in developing
trade practices, fraud, and
administrative law, and
his practice on advising
enforcement procedures to
SARAH COPELAND is
contract disputes. Droney
statutory interpretation
clients on the tax aspects
protect their intellectual
engaged to marry Ryan O.
is recognized as a rising
courses at the William &
of complex mergers and
property rights.
Dean, a graduate of UVA,
star in Connecticut Super
Mary Law School. She
acquisitions, spin-offs,
Lawyers 2013 in business
completed her under-
private equity transac-
litigation.
graduate degree at
tions, and bank financing.
William & Mary.
62 UVA LAWYER / SPRING 2013
2009
O’Rear in Nashville, Tenn.,
on May 25.
CLASS NOTES
…
Charlottesville, where he
Americans and other
practices business and
underserved communities.
intellectual property law.
Childress is an associate in
the litigation department
2010
of Morrison & Foerster in
Northern Virginia. As a
member of the employment and labor group, she
ANDREW B. STOCKMENT
focuses her practice on
received the Emerson G.
litigating employee
Spies Award from the
mobility, trade secret,
Virginia Bar Association
non-competition,
ALAN WONG ’08 recently joined the Young Professional
Young Lawyers Division,
whistleblower, and
Advisory Board of the Bethesda Project, an
which recognizes
retaliatory discharge cases.
organization that serves homeless and needy men
enthusiasm, loyalty, and
and women throughout Philadelphia, Pa. He is an
dedication to the work of
JESSICA CHILDRESS has been
Foerster, she served as a
associate in the business and finance department of
the VBA. He co-chairs the
elected to the
law clerk for the Honorable
Kleinbard Bell & Brecker, where he focuses on
VBA Young Lawyers
Congressional Black
Alexander Williams Jr. in
corporate and transactional matters, including
Division Communications/
Caucus Foundation’s
the U.S. District Court for
mergers and acquisitions, debt and equity
Publicity Committee and is
Alumni Network board of
the District of Maryland. financings, venture capital transactions, joint
editor-in-chief of Opening
directors as the chairman
ventures, commercial contracts, employment
Statement, the VBA Young
of the scholarship
CARLTON GAMMONS has
agreements, corporate restructurings, entity
Lawyers Division newslet-
committee. She will serve
been appointed as an
formation, and general corporate counseling.
ter. He also serves on the
a two-year term. The
Assistant U.S. Attorney in
VBA Intellectual Property
Congressional Black
the major crimes division
and Information
Caucus Foundation, Inc. is
of the U.S. Attorneys Office
Technology Law Section
a nonprofit, nonpartisan
for the Middle District of
Council as the Young
public policy, research and
Florida.
monwealth Attorney for
Lawyers Division
educational institute that
the city of Hopewell, Va.,
Representative. Stockment
aims to help improve the
ZHUO “DAVID” HUANG
she prosecutes misde-
is an associate at Lenhart
socioeconomic circum-
received the Lawyers
meanors and felonies,
Obenshain in
stances of African
Alliance for New York’s
As Assistant Com-
Prior to joining Morrison &
writes appeal briefs, and
2012 Cornerstone Award
serves on juvenile justice,
honoring outstanding
domestic violence, and
pro bono legal services to
sexual assault committees.
nonprofits on November
ELISABETH CUSTALOW,
(Individuals prosecuted
13. He provided extensive
Assistant Commonwealth
for domestic violence
assistance to Exponents,
Attorney for the city of
are often investigated
Inc., a community-based
Hopewell, Va., was recently
for animal abuse as well.)
nonprofit that provides
named executive director
From an early age she has
training and services to
of Four Feet Forward, an
been a passionate animal
underserved and difficult
organization that
advocate, escorting bugs
to reach populations who
coordinates with nonprofit
out of the house and
deal with addiction and
animal advocacy organiza-
protecting animals from
health-related problems.
tions to provide pro bono
schoolyard bullies. She
Huang and his col-
assistance from profes-
clerked with the Animal
sional consultants in
Legal Defense Fund
JORDAN E. MCKAY ’10 and CRYSTAL SHIN ’10 were married
legal aspects involved in
various fields.
following Law School.
on September 2, 2012, in Charlottesville.
Exponents establishing a
leagues helped with the
for-profit center that offers
UVA LAWYER / SPRING 2013 63
CLASS NOTES
…
Your Alumni Career Network
The best way to fuel your career path is by building relationships and exploring
Department, where he was
formation, reorganization,
a fellow in the intellectual
and securities compliance.
property division.
She is also a member of
the health care group.
options, whether you are a new graduate or considering a major life change. The
Law School hosts an Alumni Career Network (ACN—a group of alumni volunteers
who will provide career, life-stage, or general advice to Law students and fellow
JOEL SANDERSON is working
alumni. We welcome your participation on both sides of this service—as a
with Inherit Your Rights, a
volunteer and/or as a resource. The ACN is not a job-posting/seeking database.
pilot project in northern
To join the Alumni Career Network, visit WWW.LAW.VIRGINIA.EDU/ALUMNI and look
Tanzania. According to
the project’s Web site, in
for the “Alumni Career Network” link in the bottom left corner.
rural Tanzania, widows are
extremely vulnerable to
2012
MARK MCBRIDE has joined
abuse; under customary
Lane Powell in Seattle,
law, when a man dies,
training for counselors
Emily ’11 and BRIAN WELLS
Wash., as an attorney in
his wife inherits nothing,
and counseling services
had a son, Gray Foster,
the litigation practice
unless she is childless
for substance abuse. He
born March 28 at 6:18 am
group. He is secretary to
and there are no other
is an associate with Paul,
in New York City.
the board of directors of
living relatives. The man’s
Weiss, Rifkind, Wharton &
the Washington State Bar
children are his rightful
Garrison.
Association’s sexual
heirs. However, if the
orientation and gender
children are too young
identification legal issues
to assert their rights, the
2011
SARA KLAYTON was named a
section, which supports
man’s family often takes
& labor law in Washington,
KYLE S. BAIRD has joined
understanding among
advantage of the situation,
D.C., Super Lawyers 2013.
Vorys, Sater, Seymour and
WSBA members of the
and expels the widow
She practices at Bailey &
Pease in Cleveland, Ohio,
legal needs of gay, lesbian,
and her children from the
Ehrenberg.
where he is an associate in
bisexual and transgen-
family land. These women,
the litigation group.
dered residents of
alone and with no means
Washington State.
of supporting themselves
Rising Star in employment
or their children, need
both legal representation
CHARLES HARRIS has joined
and practical assistance.
Inherit Your Rights
Hunton & Williams in
Richmond, Va., as a
operates micro-enterprise
member of the health care
projects to assist the
women of the region with
group. He was previously
with Christian & Barton.
RICHARD J. BALAZS has
their immediate needs, and
joined Vorys, Sater,
hopes to open a legal-aid
SERGE MARTYN recently
Brian ’10 and EMILY WELLS
Seymour and Pease in
CASSANDRA A. MENDOZA has
clinic, focusing on probate
joined Snell & Wilmer in
had a son, Gray Foster,
Columbus, Ohio, where he
joined Porter Wright in
and property law.
Tucson, Ariz., as an
born March 28 at 6:18 am
is an associate in the tax
Columbus, Ohio, as an
associate in the commer-
in New York City.
and probate group.
associate in the corporate
DANIEL WATKINS has
department, where she
joined Williams Mullen
cial litigation group, where
he concentrates his
SHAUN J. BOCKERT has
focuses her work on
as an associate in the
practice in commercial
joined Blank Rome in
residential and commercial
litigation department in
litigation. He was
Philadelphia, Pa., as an
real estate and general
Richmond, Va.
previously with Davis Polk
associate in the intel-
business matters,
& Wardwell in London.
lectual property group.
including corporate
He was previously with
the Philadelphia Law
64 UVA LAWYER / SPRING 2013
IN MEMORIAM
Baxley T. Tankard ‘38
James F. Brown III ‘50
Robert G. Tallman ‘54
Robert T. Lincoln ‘63
Gerald A. Feffer ‘67
Franktown, Va.
Charleston, W.Va.
Allentown, Pa.
Montville, N.J.
Washington, D.C.
January 26, 2013
December 15, 2012
February 2, 2013
January 1, 2013
February 13, 2013
Francis H. Heller ‘41
Charles E. McDowell ‘50
H. Warren Knight III ‘55
Edwin P. Munson ‘63
George W. Mayo, Jr. ‘73
Denver, Colo.
Alexandria, Va.
Newport Beach, Calif.
Richmond, Va.
Bethesda, Md.
January 9, 2013
November 25, 2012
November 15, 2012
February 4, 2013
November 27, 2012
John B. James ‘46
John Thorpe Richards ‘50
Nathan S. Lord ‘57
Jesse B. Wilson III ‘63
T. Kennedy Helm III ‘74
Virginia Beach, Va.
Alexandria, Va.
Louisville, Ky.
Purcellville, Va.
Louisville, Ky.
October 26, 2012
March 30, 2013
January 1, 2013
November 20, 2012
March 15, 2013
Phil B. Harris ‘47
Kenneth C. Crawford ‘51
William J. Cox ‘58
John W. Jackson, Jr. ‘64
James L. Whitehurst ‘75
Greenfield, Tenn.
San Antonio, Tex.
Fredericksburg, Va.
Novato, Calif.
Portsmouth, Va.
February 13, 2013
November 18, 2012
November 2, 2012
January 6, 2013
February 7, 2013
William B. Hopkins ‘47
Robert L. Teeter ‘51
Friedrich K. Lutz ‘58
James L. Jenkins ‘64
Brenda Farr Engel ‘78
Roanoke, Va.
Harrisonburg, Va.
New York, N.Y.
Richmond, Va.
Princeton Junction, N.J.
December 11, 2012
July 16, 2012
September 19, 2011
January 26, 2013
December 21, 2012
Walter H. Beaman, Jr. ‘48
Bruno Baratta ‘52
Paul R. Muller ‘58
Clifton A. Woodrum III ‘64
Marjorie Manning
Jupiter, Fla.
Oyster Bay, N.Y.
Savannah, Ga.
Roanoke, Va.
Rutherford ‘78
January 9, 2013
February 25, 2013
November 15, 2012
February 19, 2013
Raleigh, N.C.
Floyd C. Jennings, Jr. ‘48
Albert W. Evensen ‘52
James J. Cromwell ‘59
Ralph E. Lawrence ‘65
Birmingham, Ala.
Kaneohe, Hawaii
Potomac, Md.
Norfolk, Va.
Murray Merle Schwartz ‘82
July 5, 2004
December 24, 2012
October 30, 2012
March 3, 2013
Hockessin, Del.
John P. Lacy ‘48
Billups P. Percy ‘52
Herbert G. Hyman ‘60
Anthony L. Montagna, Jr.‘65
New Harbor, Maine
Covington, La.
New Haven, Conn.
Norfolk, Va.
William J. Cornelius ‘84
February 17, 2013
January 18, 2013
December 27, 2012
October 17, 2012
Jefferson, Tex.
Malcolm Yeaman Marshall
Richard D. Sears III ‘53
William H. Izlar, Jr. ‘60
Martin E. Simmons, Jr. ‘65
‘48
Aiken, S.C.
Atlanta, Ga.
Nashville, Tenn.
Ben F. Overton ‘84
Louisville, Ky.
November 18, 2012
December 22, 2012
February 13, 2013
Gainesville, Fla.
George G. Snarr, Jr. ‘53
John S. Papa, Jr. ‘62
James T. Schollaert ‘66
Glen M. Williams ‘48
Virginia Beach, Va.
Bristol, Conn.
Arlington, Va.
Steven D. Ashford ‘90
Jonesville, Va.
January 9, 2013
December 14, 2012
February 17, 2013
San Pedro, Calif.
M. T. Bohannon, Jr. ‘54
Murray J. Janus ‘63
Robert E. Warner ‘66
Clark M. Whittemore, Jr. ‘49
Chesapeake, Va.
Richmond, Va.
Honolulu, Hawaii
Joseph T. Doyle ‘90
Greenwich, Conn.
March 14, 2013
January 26, 2013
January 10, 2012
West Chester, Pa.
December 9, 2012
January 11, 2013
November 19, 2012
November 14, 2012
December 29, 2012
November 4, 2012
December 15, 2012
January 28, 2013
December 18, 2012
UVA LAWYER / SPRING 2013 65
LETTER TO THE EDITOR
Field of Patents
I
read with much interest your very good patent article in the most recent UVA
Lawyer, and sent the professors mentioned a short history of my own exposure to
the field of patents. I graduated from Virginia Law many decades ago (1972) and did
not become interested in patents until relatively recently. After retiring from the FDIC in
2002, I pursued other interests and ended up earning a BS in electrical engineering from
George Mason University. I thought the Patent Office might be a good place to put the JD
and BSEE to work. I only lasted about six weeks in the patent examiner training program,
however, before concluding that I would be on the bottom rung of an organization and
system in serious need of repair. For one thing, I was destined for the field of so-called
business methods patents, and it took only a brief exposure for me to say, “These things
just ain’t right.”
So I moved on. But I was intrigued enough by the “everything under the sun that is
made by man” approach to patentability that I started and maintain a website focused on
business methods patents and more generally on the possible limits of Section 101’s four
patent-eligible categories: process, machine, manufacture, or composition of matter.
On the website, www.patentsbyfrip.com, I summarize some of the patents issued
each week in the 705 classification category—where most business process patents are
found—and decisions of the Patent Trial and Appeal Board (formerly the Board of Patent
Appeals and Interferences) concerning Section 101 issues. In view of my FDIC and
financial consulting background, my patent summaries are primarily of patents in the
financial area.
David S. Holland, ’72
Alexandria, VA
[Editor’s Note—see In Print for information about Mr. Holland’s book, How the
Information Age and the Computer Have Undermined Capitalism, and Socialism Too.]
66 UVA LAWYER / SPRING 2013
IN PRINT
NON FICTION
Creating Money: How the
Information Age and the
Computer Have Undermined
Capitalism, and Socialism Too
David S. Holland ’72
CreateSpace
The rocky state of the world’s economies
in 2007–08 has been blamed on several
things: mortgages granted to unqualified
buyers, the use of new financial instruments and strategies understood by few,
and financial insurance products with odd
names like “credit default swap.”
In this book, David Holland argues
that the main cause of the financial
crisis (from which we have not yet fully
recovered) has been much more basic: the
“financialization” of the economy through
the use of computer technology.
In the Industrial Age, economic
systems were based on money as a scarce
commodity, but now, in the Information
Age, money can be created in an instant
in the form of
intangible assets
and different kinds
of debt, all with
the aid of ever
faster computers. The
world’s political and
economic systems
are still having serious trouble adjusting.
David Holland
was formerly a policy
and financial analyst
with the Federal
Deposit Insurance Corporation.
Of Thee I Zing: America’s Cultural
Decline from Muffin Tops to Body
Shots
Laura Ingraham ’91 with Raymond Arroyd
Threshold Editions/Simon & Schuster
Walk through
an American
shopping mall,
and chances are
you will witness
an array of sights
that indicate the
downward slide of
American culture:
an overweight
50-year-old in tight
pants and a tube
top, a teenage boy wearing jeans three sizes
too large, couples at restaurants talking
on their cellphones to people who are
somewhere else. Laura Ingraham takes it
all in and warns us that the debt crisis and
international instability aren’t all we have to
worry about; our own culture is in trouble
with a capital T.
Ingraham’s sharp-witted and humorous commentary takes aim at a
culture in which Facebook and text
have become verbs, and reading
books is an unusual pastime;
unusual baby names are going
beyond creative into the realm of
the peculiar; and weddings last
longer than some marriages. The
list of possible examples seems
endless. Odds are no matter where
you live you could add new entries
while going about your day. It’s
high time, she warns, for America
to begin its cultural recovery.
Laura Ingraham is conservative
political commentator and radio host and
former litigator. This is her fifth book.
Religious Freedom: Jefferson’s
Legacy, America’s Creed
John Ragosta ’84
University of Virginia Press
In Religious Freedom: Jefferson’s Legacy,
America’s Creed, historian and lawyer
John Ragosta gives readers a new
perspective on Thomas Jefferson, the
First Amendment, and the idea of religious
liberty in the United States. Jefferson
believed that free thought and political
freedom would be at risk if the government
did not stay out of church and church
out of government. Until Supreme Court
Justice William Rehnquist challenged
reliance on Jefferson’s ideas, there had
been near consensus on this issue in the
Supreme Court. In recent times others have
spoken out in favor of more government
involvement with religion.
Ragosta explains how and why the
First Amendment was adopted, and shows
that though Jefferson advocated a clear
separation of church and state, he never
sought completely secular public life for the
nation. The author delivers a strong defense
of Jefferson’s advocacy for strict separation
of church and state and takes a close look
at Jefferson’s own religious ideas, revealing
how the man’s own religious beliefs were at
the heart of his views on religious freedom.
Religious Freedom: Jefferson’s Legacy,
UVA LAWYER / SPRING 2013 67
IN PRINT
…
America’s Creed examines a key idea in
American history in a way that helps us
better understand current debate regarding
church and state in the United States.
John Ragosta is currently a visiting
assistant professor of history at
Hamilton College in upstate New
York.
Texas Insurance Coverage
Litigation: The Litigator’s
Practice Guide
Amy Elizabeth Stewart ’92
Texas Lawyer Books
Texas Insurance Coverage
Litigation: The Litigator’s Practice
Guide is a desk reference for
Texas litigators who handle an occasional
insurance coverage lawsuit or confront occasional insurance questions in the context
of their litigation practice.
With a focus on third-party liability
policies and related litigation, this book
includes legal analysis, practical tips, and
annotations specific to
Texas and Fifth Circuit
practice. It mainly deals
with representation of
policyholders, due to the
fact that the insurance
industry tends to use coverage counsel for litigation of
coverage disputes.
Readers will find clear
explanations of a range of
crucial topics, including
how to navigate an insurance policy, nuts and bolts of commercial
general liability, professional liability errors
and omissions, cyber and privacy liability,
and issues involving jury selection, as well
as legal analysis, practical tips, and useful
forms.
Amy Stewart’s law firm, located in
Dallas, represents corporations in disputes
with their insurance companies.
68 UVA LAWYER / SPRING 2013
Worse Than the Devil: Anarchists,
Clarence Darrow, and Justice in a
Time of Terror.
Dean A. Strang ’85
University of Wisconsin Press
In 1917 a bomb exploded in a Milwaukee police
station, killing nine
officers and a civilian.
Though the responsible
party was never found,
the police, the press,
and the public rushed to
the conclusion that the
criminals were
Italian. Soon, 11
alleged Italian
anarchists went
to trial on unrelated charges.
With a backdrop of World
War I and growing fear and
hatred of radical immigrants, an
unfair trial ensued. The Italians
were convicted, even though they
had not been charged with that
particular crime. Clarence
Darrow managed to lead
an appeal that gained
freedom for most of those
convicted, though his methods
in doing so were found to be
suspect.
Meticulously researched,
Worse Than the Devil points out
weaknesses in our legal system
that continue today as courts
administer criminal justice to
both newcomers and outsiders.
The conflict and debate involving issues
of civil liberty, immigration, radicalism,
and terrorism are just as urgent in the
American legal system today.
Dean Strang is a criminal defense
lawyer and adjunct professor at the law
schools of the University of Wisconsin and
Marquette University.
Ike’s Bluff: President Eisenhower’s
Secret Battle to Save the World
Evan Thomas ’77
Little, Brown and Company
The 1950s are often thought of as a
prosperous but boring decade, and the
president associated with that time as a
quiet, dull man who stood watch over a
peaceful time. But as Evan Thomas reveals
in Ike’s Bluff, Eisenhower was a genius
at manipulating key figures to achieve
his aims, calculating his strategy like the
brilliant bridge and poker player he was.
He was canny and confident and could
be ruthless, yet he
possessed the moral
courage to be a model
peacekeeper.
Finding himself
in a position to
annihilate the enemy
with nuclear weapons
during the dangerous
early days of the Cold
War, he used them to
bluff instead, despite
the warnings from
his generals that first
strike was the only
path to survival. It was a high-risk maneuver, but it worked brilliantly.
The author used diaries, including
one kept by Eisenhower’s physician, and
newly declassified papers to delve into
Eisenhower’s life and give a new perspective on the subject. “The balance that
Thomas achieves between Eisenhower the
public servant and Eisenhower the man
is, in my opinion, as close to the mark as
we are likely to see,” writes Eisenhower’s
son, John. “An astute, thoroughly engaging
portrayal,” notes Kirkus Reviews. Ike’s Bluff
is an insightful study of one of the world’s
most underrated leaders.
Evan Thomas teaches writing and
journalism at Princeton and is a frequent
commentator on TV and radio. He was
editor-at-large of Newsweek until 2010.
IN PRINT
…
FICTION
Day of Doom
David Baldacci ’86
Scholastic
This sixth and final book
in the popular children’s
series, The 39 Clues: Cahills
vs. Vespers, begins with
the kidnapping of seven
members of the Cahill
family. A shady organization known as the Vespers
demands a list of ransoms
from around the world,
and thirteen-year-old Dan
Cahill and his sister, Amy, set out on a
global treasure hunt to meet the demands
and keep their family safe.
As they deliver the last ransom, hoping
that their family will be released, the two
realize that all their labor has only led them
to a final, deadly turn. They have become
pawns in a plot to harm millions of innocent people, as the Vespers stop at nothing
in their attempt to take over the world. Dan,
Amy, and their friends scramble to stop
Vesper One in the nick of time.
David Baldacci and his wife, Michelle,
founded the Wish You Well Foundation,
which works to promote literacy.
Leaving Tuscaloosa
Walter Bennett ’72, LL.M. ’86
Fuze Publishing
Set against a tense,
sweltering Alabama
backdrop in 1962, the year
before Bull Connor turned
Birmingham’s fire hoses on
civil rights protesters and
the Ku Klux Klan bombed
the 16th Street Baptist
Church, this story follows
the paths of Richeboux
Branscomb, a white teenager, and Acee
Waites, a black cook in a popular burger
joint in Tuscaloosa. One night, after leaving
the grill, Richeboux and his friends ride
through a black neighborhood. As they approach a
leader of the black community on a dark road, one of
the boys takes aim and hits
the man with a raw egg.
Instead of just taking it, the
man runs after them, his
face twisted in both anger
and fear. In that moment,
a thoughtless prank spirals
into a compelling tale of
black and white.
Through the events
that follow, Richeboux and
Acee to get to know each other
as people, despite the fact that
they came from different worlds.
Bennett’s sharply etched
fiction was inspired by his
experiences growing up in the
South. The novel, his first, was a
2010 finalist for the Bellwether
Prize (now the PEN/Bellwether
Prize for Socially Engaged
Fiction). “Walter Bennett has a
real gift for capturing time and
place, and an absolute genius
for creating his larger-than-life
yet totally believable characters,” writes noted Southern
writer Lee Smith. “Leaving
Tuscaloosa is deeply moving, disturbing, haunting,
and important.”
Walter Bennett is a
former lawyer, judge, and
law professor living in
Chapel Hill, N.C. He is a
native of Tuscaloosa.
The Locusts of Padgett County
Bert Goolsby LL.M. ’92
Alondra Press
Tobias Erscan, a black tenant farmer in
the Deep South in the early 1900s, touches
the shoulder of Lily Cato, a white music
teacher and choir director, and unwittingly sets off a firestorm of reaction. He is
accused of “assault with intent to ravish.”
Citizens of the town demand “justice” and
seek the death penalty, their racial prejudice stoked by the local newspaper and the
Ku Klux Klan.
Andrew Beauchamp, the criminal
prosecutor for the case, sets about to prosecute Erscan for a capital crime. Though
he feels some ambivalence about whether
Erscan deserves the
death penalty, he is
more concerned with
his reputation in the
town and his chances
in the coming
elections, and so
he refuses to plea
bargain the charge
to a lesser crime. He
thought this would
be the easier way
out—at least for
him—but he didn’t
anticipate that his
self-serving choice
would lead to awful consequences for both
Erscan and himself.
The powerful story told in The Locusts
of Padgett County was drawn from a
legendary court case from 1909.
Bert Goolsby is a former Chief Deputy
Attorney General of South Carolina and
criminal prosecutor.
UVA LAWYER / SPRING 2013 69
OPINION
Save the World with Collaborative Leadership
By Jeff Walker, McIntire ’77
They’re discovering that “large-scale social change
comes from better cross-sector coordination rather
than from the isolated intervention of individual
organizations.” In other words, collaboration may
ant to save the world? One way to do it is to
be the key to making the world a better place.
learn how to collaborate.
Even more important, successful collaboration
Last June, the president of the University of
isn’t just a happy accident. It’s the result of speVirginia, Terry Sullivan, was fired. It was a big
cific factors that can be recognized and duplicated.
mistake—a decision made in haste by some trustees
They include:
who failed to think through the consequences of
1. Agreement on a simple, measureable
their action. Many of us who love UVA were apgoal that everyone can understand and rally
palled. We could have just stood by, complaining to
around. The global malaria initiative, for example,
one another. Instead, we took action. Thousands of
rallied supporters around the goal of “cutting deaths
students, alumni, faculty, administration, and staff
from malaria through the use of insecticide-treated
stood up together and sent a single, clear message:
With today’s
bed nets.” By contrast, some of those concerned
“Bring her back!”
desperate need for
about global warming have succeeded only in scarTen days later, Dr. Sullivan was returned to
new models for
ing millions of people without providing them with
office. Today UVA is healthier than ever before, with
clear, actionable steps to take.
an unprecedented array of constituents working
higher education,
2. Leadership from an honest broker. In
together to mold a new and even more vibrant
collaboration among
the malaria case, it was Ray Chambers, a trusted
institution. That’s the power of collaboration.
faculty, alumni,
individual known and respected throughout the
For decades, well-meaning people and orgaworld health community. The role of honest broker
nizations struggled to solve the problem of malaria
administration,
requires someone with a managed ego, good listenin Africa, which killed more than a million people
boards, staff,
ing skills, passion for the cause, a large network,
a year, half of them children under the age of five.
and a history of collaborative successes. Business
Hundreds of millions of dollars were spent without
community,
leaders in search of a second career are often great
much to show for it. Then a group led by several key
and students is
candidates, while politicians, academics, and physiparties, including Ray Chambers, the UN Secretary
more critical.
cians rarely qualify.
General’s Malaria Envoy, pulled together a coalition
3. Commitment from a small number of key
of businesses, local governments, multi-lateral ororganizations. Other organizations will fall in line
ganizations, universities, UN agencies, foundations,
once the coalition has five or six credible participants.
non-profits, and individuals to lead the effort. Now malaria deaths in
4. A small group of individuals who provide the “collaborative
sub-Saharan Africa have fallen from 1.2 million a year to approximately
glue” of continual communication. For malaria, a small office team
550,000, with the goal of zero deaths by 2015 realistically within reach.
was established to track the collaboration’s goals, flag problems, and
Collaboration made it happen.
focus senior-level attention where necessary.
Are these success stories one-offs, unique and impossible to dupliWhere can you find such people? During my tenure as an executive
cate? Not necessarily. Today the art of collaboration is being studied by a
in residence at the Harvard Business School (HBS), I got to know many
number of universities as well advisors such as the consulting firm FSG.
[editor’s note—this article first appeared in the
Huffington Post in March]
W
UVA LAWYER / SPRING 2013 71
OPINION
…
MBAs who want to work on the big issues of the day, from education
and health care to global warming and human trafficking. I also met
numerous alumni building second careers in which their goal is to
help the world. These two groups, at opposite ends of their careers,
are natural collaborators, and schools like HBS offer a perfect venue
for them to find one another and support projects.
5. A measurement and evaluation system to keep the project
on track. The African Leaders Malaria Alliance publishes a progresstracking chart that 42 African leaders and their health ministers review
every four months.
Some of the world-changing collaborative efforts already under
way include the SUN movement to improve nutrition in 33 countries
operating in 33 states to support children from cradle to career;
the MDG Health Alliance, working to reduce child deaths by half and
maternal deaths by two-thirds; and the Oceans Legacy Project, setting
up protected fisheries to provide environmentally sustainable food
resources. Each of these partnerships is a multi-stakeholder collaboration attacking issues that no one group can solve alone.
The opportunities for collaborative problem-solving in today’s
world are almost unlimited. Here are some that are crying out for
attention:
• University Governance. With today’s desperate need for new
models for higher education, collaboration among faculty, alumni,
administration, boards, staff, community, and students is more
critical. Yet some university boards are clinging to old, for-profit and
chairman/CEO-driven governance models that don’t work well in
multi-stakeholder environments. Could an “Office of Collaboration”
led by an honest broker help ensure that collaborative opportunities
in the schools are maximized?
• U.S. and Local Governments. Politicians and civil servants
can’t solve our biggest challenges on their own. Who are the honest
brokers that can pull together key multi-stakeholder collaborations
to tackle problems like energy, health care, and education? How do
we apply these strategies to the village, towns and cities of the world?
• The United Nations’ New Millennium Development Goals.
With the current goals set to be accomplished by the end of 2015, the
72 UVA LAWYER / SPRING 2013
UN and the Brookings Institute are now working to set new goals for
post-2015 implementation. While the current debate is what these new
goals should be, shouldn’t there also be a discussion about successful
models that can be used to achieve them? The malaria effort offers
an example from which we can learn.
• Creative Investment in Social Enterprises. I’m involved in
New Profit, an organization launched by 40 families to connect donor knowledge and networks with New Profit’s active management
experience. It enhances the odds of success of nonprofits as shown
by its involvement in Teach for America, the KIPP Schools, Year Up
and many others. How can this collaborative model be used to attract
even more resources to the social enterprises that are tackling some
of today’s biggest challenges?
We still have a lot to learn about how to create long-lasting,
cross-cutting, highly effective collaborations. New models are being
devised and tested every day. But there’s no doubt that collaboration
will be key to the future survival and success of humankind. Today
would be a great day for you to join us all.
Jeff Walker, walkerjc1@gmail.com, is an active philanthropist who brings
his collaboration, venture capital, and management skills to the social
enterprise space. He is particularly focused on global health; scaling social
enterprises; mind development; bringing music to kids; education and
creativity. He has co-authored a book called The Generosity Network
that is being published in September. He is on numerous non-profit boards
and has been on numerous for-profit boards, was exec in residence at the
Harvard Business School (HBS) focused on social enterprise and was a
lecturer at the Harvard Kennedy School.
For 25 years he was CEO and co-founder of JPMorgan Partners,
JPMorgan Chase’s $12 billion global private equity group; vice chairman
of JPMorgan Chase; and chairman of the JPMorgan Chase Foundation.
He holds an MBA from the Harvard Business School and a BS from the
University of Virginia’s McIntire School of Commerce.
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