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www.law.virginia.edu/alumni
the Virginia Way
… Then and Now
Fall 2006
Vol. 30, No. 2
Fall 2006
Upcoming Alumni Events
May 4–6
Law Alumni Weekend 2007 Events in Charlottesville
Return to the Law School &
Charlottesville for your class’s reunion
Info at: www.law.virginia.edu/reunions
May 5
Annual Meeting of the Law School
Alumni Association
Meeting at the Law School includes
State of the Law School Address by
Dean Jeffries
FOR THE LATEST DETAILS ON ALUMNI EVENTS VISIT:
www.law.virginia.edu/alumni
From the Dean
Our Commitment to Teaching
John C. Jeffries, Jr. ’73
G
reat teaching is easy to recognize, but hard to define. The
truth is that there are as many great teaching styles as there
are great teachers. The effort to find a one-size-fits-all
recipe for classroom success is therefore fruitless. Young teachers soon
learn that it is impossible to excel by copying someone else. Everyone
has to find his or her own classroom “voice.” The resulting variety
of styles and personalities is all to the good; students are enriched by
encountering different pedagogies, just as they are informed by studying
different subjects.
The one constant, it seems to me, is commitment. Faculty have
to want their students to learn. Teachers who care deeply about the
learning experience of their students will not fail. They will be forgiven
many foibles and eccentricities, and their achievements will be remembered and cherished. No matter what the
style or technique, students know when teachers are committed to teaching. Everything else flows from that.
The commitment to teaching is made by teachers as individuals, but the culture that sustains that
commitment is collective and institutional. The single most important message for the Law School to convey
to new faculty is that we care about the classroom. They need to know that excellence in teaching is as highly
valued here as excellence in scholarship. That message must and does come not only from the dean, but also
from leading senior colleagues and from the faculty as a whole. At Virginia, we have a long tradition of great
teaching, and we renew that commitment every day in our classrooms.
Fortunately, we see no conflict between teaching and scholarship. Intellectual engagement with the subject
makes for better teaching. It keeps the classroom lively and prevents faculty from going stale. And it is equally
true that teaching aids scholarship. Most of the ideas that I’ve explored in my own writing developed from my
efforts to understand and explain things to my students. Given a commitment to both and the sense to keep
them in balance, teaching and scholarship are mutually reinforcing.
This issue of UVA Lawyer explores and reconfirms our commitment to teaching. That commitment is based
on reverence for a long line of legendary pedagogues and on an institutional culture of focus on the classroom.
Teaching is the foundation of the student experience, which we believe is the best in the nation.
David and Mary Harrison Distinguished Professors
This issue also profiles three new David and Mary Harrison Distinguished Professors of Law. These
positions are supported by the bequest of David A. Harrison III and are, so far as we know, the most generously
endowed professorships in the history of American legal education. We aim to make them the nation’s foremost
academic appointments in law.
Harrison Professorships are reserved for teachers of undoubted excellence who are also scholars of national
distinction. Kenneth Abraham, Lillian BeVier, and Paul Mahoney embody these criteria. All three have won
University awards for their teaching, and all are leading scholars in their fields. We are proud to honor them
with appointment as David and Mary Harrison Distinguished Professors and to share our reasons for doing so
with you. a
Fall 2006 / Vol. 30, No. 2
Departments
Features
1
Dean’s Message
45
5
Law School News
21
Faculty News and Briefs
43
Scholar’s Corner
Elizabeth Magill ’95
60
In Box
61 Class Notes
83
In Memoriam
85 In Print
87
Opinion: Pedagogy: The Law School’s
Constant Hallmark
Earl C. Dudley, Jr. ’67
New Harrison Professors are Leaders
in the Academy and in the Classroom
Cullen Couch
50
Virginia Teaching: The Early Years
Alison White
56
Picket Fences and a “Jealous Mistress”
Dan Meador
58
Teaching in South Africa
Margaret B. Edwards
Front cover: Clockwise, from top left, J.B. Minor, Armistead Dobie,
and Garrard Glenn. A new era of instruction was initiated with the
hire of alumnus John Barbee Minor in 1845. Dobie is credited with
first introducing the case method of instruction to Virginia. Dobie
also convinced Glenn to leave his lucrative New York city law
practice to come to Virginia in 1928.
Inside front cover: The much admired alumnus, John B. Minor,
class of 1834, taught scores of Law students in his 50 years at
the University. He allowed financially strapped students to defer
payment of fees until they were established in practice, and took
great care writing recommendations that would enable students
to secure good positions upon graduation. In 1870 he established
a summer law course for practitioners who needed to supplement
their practical skills and knowledge of the law. Minor is
surrounded by some of his students in this circa 1890-1893 photo.
Editor Cullen Couch
“Whenever the people are well-
Associate Editor Denise Forster
informed, they can be trusted with
Contributing Writer Alison Taylor, A&S ’07
their own government; …
Design Roseberries
Photography Tom Cogill
Additional Photography Dan Addison/UVA News Services, Michael Bailey, Ian Bradshaw, Robin Cook ’07,
Robert Llewellyn, Robert Turner, Emily Williams, Mary Wood
whenever things get so far wrong
as to attract their notice, they may
be relied on to set them to rights.”
—Thomas Jefferson
Law School News
International Deal-Maker of the Year
Offers Tips on Project Finance
Emily Williams
P
hilip Stopford LL.M. ’78 didn’t go
to law school with his eye on ending
up as an international “deal-maker,”
but afterwards he found himself involved in
projects that prepared him for a career making
multibillion dollar transactions all over the
globe. In 2005, Stopford earned the moniker
“Philip of Arabia” when he was recognized
by American Lawyer magazine as its project
finance deal-maker of the year.
Stopford began his legal education in
England and always thought he would return
to practice law there. After receiving Britain’s
Harkness Scholarship to fund his study of law
Philip Stopford
in the United States for two-years, Stopford
earned his LL.M. at the University of Virginia
and I’ve got no idea where the rest of my career will go. I
and ultimately took a position in New York with White
certainly didn’t expect to spend seven years of my life in
& Case. After one year, he began to build his argument to
Indonesia with White & Case. I actually thought I was going
return to London, an arrangement that he promised to
to Hong Kong,” he said.
fulfill when he accepted the Harkness.
“I had originally planned, I thought, to go to England
In Indonesia Stopford worked primarily with
government-owned companies restructuring their debt
and I kept on badgering the relevant partners and they said
and advised other developing nations on debt-related
no, we haven’t got any vacancies in the London office, but
issues. The lessons he learned while working on these cases
we do have a vacancy in the Hong Kong office. What they
carried over into all of Stopford’s international projects.
hadn’t told me was that the Hong Kong office was a staging
In one memorable case, a state-owned telephone company
ground for servicing our practice in Indonesia.”
attempted to launch a satellite into orbit. The satellite
Stopford had no idea that he had just begun a career in
became space junk when one of the booster engines failed.
international deal-making and would get his first taste of
NASA wanted to capture it and bring it back to earth.
the liquefied natural gas (LNG) industry in Indonesia, the
Stopford was engaged in negotiations for six months to
world’s largest exporter of LNG. “I didn’t plan any of this
determine the obligations of the insurance company that
UVA Lawyer • fall • 2006
[]
Law School News
“The legal skills were basically contract [law],
ashore, liquefaction plants to convert the gas to
a liquid form, agreements to use the sea ports,
and land, and related technical services. Next the
that’s all it was. … Nobody had ever done
project had to establish agreements for the sale
of the gas and crude oil that was harvested from
this before.”
the oil fields. Qatar Petroleum then formed an
entity called South Hook Gas to transport the
LNG to the United Kingdom.
insured the satellite and what the company should do to get
the satellite back and what to do with it once it was returned.
“The legal skills were basically contract [law], that’s all
vessels that can transport liquefied gas. Each vessel costs
$200 to $300 million. To finance this part, “you get someone
the risks, and then trying to see how you could get to what
to lend you the money to build them on the basis that
your client wanted and at the same time deal with a set of
Qatargas II will pay a charter lease to lease the vessel,”
circumstances where there was no precedent. Nobody had
Stopford said.
Stopford eventually arrived in London, where one of
South Hook Gas began to buy the LNG and had it
shipped from Qatar to Milford Haven, Wales. In Milford
his first projects was to advise a group of banks on LNG in
Haven, the LNG had to be reheated to return it to a
Qatar. The $7.5 billion deal resulted in Qatargas II, which
gaseous state. At that point, South Hook Gas entered into
provides the United Kingdom with 20 percent of its gas
an agreement with South Hook Terminal. South Hook
supply.
Terminal built the re-gasification plant and processed
Project financing, Stopford explained, is essentially the
the LNG for a fee. “The key here is the title never passes
borrowing of money off balance sheet, enabling a company
to South Hook Terminal. South Hook Gas always owns
to finance large sums of money and separate themselves
the LNG and the [liquefied] gas as it becomes gas so that
from their liabilities and assets.
a creditor at South Hook Terminal can never get hold of
“[It was] an extraordinary project, but one which you’ll
the gas,” he said. South Hook Terminal could now borrow
see is very complicated when you first look at it, but if you
money for the re-gasification facility based on the credit of
break it down it’s actually a manageable thing to deal with.
South Hook Gas with the assurance that a specified amount
“The key issue” he said, “is that nobody is providing
of gas would be processed and South Hook Terminal could
any guarantees, but the debt’s going to get paid back.” In
other words, the lender takes on all of the risk, but can
ensure the job will get done and it will get paid. If one of
the contractors involved in the deal does not perform its
re-pay the lender.
Finally the gas was purchased by Exxon Mobil Gas
Marketing Europe, which distributed the gas.
In all it took seven months to structure the financing
task, the lender has the power to replace the contractor with
and one year to raise the money for Qatargas II, Stopford
another that can perform the task. “It is a very document-
said.
intensive exercise and once again comes back to the joys of
Stopford has already completed Qatargas III and is
contract and your direct damages and your limitations of
finishing up Qatargas IV for two different clients. The
liabilities,” he added.
financing structure model from Qatargas II was used in
To initiate Qatargas II, the government of Qatar entered
into a development fiscal agreement with Exxon Mobil and
Qatar Petroleum allowing them to exploit a certain amount
[]
construction of LNG ships, which are massive refrigeration
it was. It was reading the insurance policy, working out
ever done this before.”
South Hook Gas had to arrange for the
both subsequent projects and the time frame has been
reduced from 19 months to just 10.
“I doubt if I’ll ever see anything like this again,” he said.
of gas for a certain period of time. The project then went
“We built in huge flexibility into Qatargas II so that it could
through a series of agreements that established the building
expand, it could borrow more money, all the things that
of offshore platforms to pump the gas, pipelines to bring it
otherwise lenders try to restrict.” a
UVA Lawyer • fall
• 2006
Law School News
Federal Appeals Court
Hears Oral Arguments
Mary Wood
A
panel of judges from the U.S. Court of Appeals
that can be used to describe products,” Jenks replied. Pet
for the Federal Circuit lobbed quips and tough
Food Centers may re-apply for the trademark with new
questions at attorneys arguing four cases at the
standing if the Play Things label becomes distinctive in the
Law School Oct. 2, in what was the court’s first hearing in
marketplace, he added.
Virginia. Chief Judge Paul Michel ’66 presided, along with
In the third case, DESA IP v. EML Technologies, LLC and
Senior Judge S. Jay Plager and Judge Randall R. Rader, who
Costco Wholesale Corporation, DESA IP appealed a decision
has taught at the Law School.
favoring EML Technologies, which created an outdoor
The panel heard cases on patents involving Adidas athletic
shoes and motion sensors, on a pet treat trademark, and
light the appellant said infringed on its motion-sensor
technology. Costco distributed EML’s light.
on whether a former federal firefighter qualified for certain
retirement benefits.
In Akeva LLC v. adidas-Salomon AG and adidas America,
The judges were troubled by the district court’s reliance
on the appellee’s expert. “[The expert] seems to have made
up a whole new nomenclature,” Michel said, and the judge
Inc., Akeva attorney Dirk Thomas argued that his client’s
seemed to accept it. “What’s really at issue in this case
patented technology was used in shoe technology employed
is whether they’ve succeeded in designing around your
by adidas. “This is a very good case today because half the
patent,” Plager told DESA counsel James Higgins Jr.
audience no doubt is probably wearing athletic shoes,”
joked Plager.
The case offered students an inside look at the kinds
At stake in Thor Weatherby, III, v. Department of the
Interior was whether Weatherby, an Interior Department
employee who previously served as an electronic mechanic
of technical minutiae debated in patent cases, which often
for an Alaskan firefighting team, qualified for the federal
involve making fine distinctions among similar technologies.
government’s Civil Service Retirement System, which
The adidas shoe heel in question was not detachable,
was phased out in 1987. To qualify under the old system,
and the “inventor [appellant] criticized the prior art for
Weatherby needed three years of service as a firefighter
having detached use,” adidas attorney Doug Kline offered in
prior to 1987. The Interior Department questioned whether
defense of his client. “We believe the claim’s language covers
several months of his service qualified as the kind of work
a rotatable heel,” argued Thomas—and that description is
that the system was designed to reward.
not limited to detachable heels.
The panel’s second case, In Re Pet Food Centers, LLC,
Weatherby’s job involved rigorous activity, if not the
direct threat of fire, Michel pointedly told the government’s
was appealed from the U.S. Patent and Trademark Office’s
attorney; he climbed mountains to set up communications
Trademark Trial and Appeal Board decision. Attorney Tim
equipment, for example. Weatherby’s counsel, Craig James,
Pecsenye argued that the board rejected Pet Food Center’s
noted his client was involved in 11 fires during the seven-
trademark application for the name “Play Things” based
month period in question, “many of which went days.” a
on spurious Internet evidence. Pet Food Center’s products
include the Dingo Goof Ball, an edible rawhide ball
wrapped around a chicken jerky treat.
“What’s the harm in letting them have this Play Things
label?” Plager quizzed associate solicitor William Jenks.
“The harm is, we’re removing from the lexicon words
UVA Lawyer • fall • 2006
[]
Law School News
Third-year law student Adil Qureshi
Law Students Contribute to
Iraqi Tribunals, Hussein Trial
Mary Wood
M
ost law students are lucky to get their feet wet
William and Mary’s law school, where she is Marshall-
in real cases involving petty theft or assault.
Wythe Foundation Professor of Law and director of the
Several students atUVA are taking a once-in-
Human Rights and National Security Law Program.
a-lifetime class focused on far more serious crimes—with
international implications. The Iraqi Tribunal Clinic, taught
who had had substantial experience with international
by visiting professor Linda Malone, allows students to
criminal law and tribunals in the past,” said Malone, who
research legal questions that tribunal judges need answered,
served as co-counsel to Bosnia-Herzegovina in its genocide
and to contribute to holding accountable one of the world’s
case against Serbia and Montenegro before the World
most notorious war criminals, Saddam Hussein.
Court, as well as co-counsel to Paraguay in its challenge to
“The clinic seemed like a unique opportunity,” said
[]
the death penalty in Paraguay v. Virginia. “It was difficult to
second-year law student Kristin Flood. The tribunals
enlist the support of human rights organizations and many
“might very well have repercussions for other international
human rights advocates because the tribunal involved the
tribunals.”
death penalty and the U.N. for that reason alone indicated it
Malone first taught the class in 2005 at the College of
“The Department of Justice wanted to find professors
UVA Lawyer • fall
• 2006
could not provide its support,” she said.
Law School News
“I think that one of the most
rewarding parts for them is that they
have seen the work they’ve done in
what the tribunals are doing.”
Visiting professor Linda Malone
Malone and other law professors at Case Western,
Vanderbilt, and the University of Connecticut law schools
Malone said. Despite the workload, “I have yet to have
anyone say that it isn’t worth it.”
offered to help through starting clinics. “Those of us
Malone said the kinds of questions students address
who did get involved had to decide whether or not the
have changed over time. With Hussein’s trial over for
availability of the death penalty and other issues that had
retaliating against an entire village for an unsuccessful
been raised as to the reliability of the tribunal outweighed
assassination attempt there, questions are now turning
the need to seek justice against Hussein for the atrocities he
to the next trial for his alleged genocide of Kurds with
had committed.”
chemical weapons and other means, known as the Anfal
As it turned out, students are especially equipped to
handle the task because they have access to the substantial
Campaign. “There’s more of a focus now on process- and
procedure-oriented questions,” Malone said.
research resources available at educational institutions, and
Third-year law student Adil Qureshi signed up for the
also are more available to focus on a particular issue than a
class because of his long-term interest in international law,
practitioner would be.
the Middle East, and post-conflict justice.
Malone assigns questions relayed by the U.S.
Department of Justice to pairs of students; each pair
“It also seems like an important way to promote
stability in Iraq,” he said.
produces a 60-page memo that is shipped to Baghdad at
Students in prior classes compiled notebooks of sources
the close of the semester. For many students, it will be
that will prove invaluable in kick-starting their research, he
the toughest class they will take in law school, requiring
added. The Iraqi tribunal—with its combination of local
research into arcane sources on everything from Iraqi
and international people and resources—represents the
procedural law to international law to the statute
“wave of the future” in addressing crimes against humanity,
establishing the tribunal. Some of the questions apply to
he suggested.
international law, while others are unique to a particular
“I hope I will be able to contribute to the international
tribunal, but don’t ask students for details. They aren’t
effort to make these trials as fair as possible,” Qureshi said,
allowed to discuss what they are researching.
“and on a more personal level, for the victims, this brings
“I think that one of the most rewarding parts for them
a sense of justice that crimes that were perpetrated against
is that they have seen the work they’ve done in what the
them have been addressed by their government and the
tribunals are doing,” said Malone. The 12 students in the
international community.” a
class range from being highly experienced in human rights
advocacy work to having no experience in international law.
“They sign up for it out of a strong sense of commitment,”
UVA Lawyer • fall • 2006
[]
Law School News
Author John Grisham Finds Troubled
Story Behind “Innocent Man”
Hannah Woolf
B
est-selling author and Charlottesville-area resident
John Grisham spoke to a riveted audience at the
being great baseball players,” Grisham said. While baseball took
Law School September 14 about his latest work,
a secondary role in Grisham’s life, however, he learned that
The Innocent Man.
Nineteenth on Grisham’s list of publications, the book
Yet after enjoying some early professional success, even
playing with the New York Yankees, Williamson fell miles
takes one major detour from his past work: it is nonfiction.
away from his dream of baseball greatness. Injury and an
The project forced Grisham to take a hard look at a
irresponsible lifestyle contributed to his final departure
troubled system in which the consequences of a lost court
from the game at age 25, when he packed up to go back
case are all too real.
home to Ada, Okla.
“Even if you support the death penalty, you cannot
Williamson fell into a deep depression, living at
support the death penalty system as it stands in the U.S.,”
his mother’s house, sleeping up to 20 hours a day, and
Grisham said. “My one hope is that people realize this
despairing endlessly over his failure. He was soon diagnosed
system we have is simply too unfair to continue.”
with bipolar disorder but never given proper medication or
treatment; instead, Grisham said, Williamson was “self-
a true story. This one started out “innocently enough,” as
medicated,” which meant that he fought his pain with
Grisham put it, while he was browsing the New York Times
drugs and alcohol. The downward spiral continued through
obituary section two years ago. His attention was drawn to
Williamson’s mid- and late-twenties, when his life finally hit
the headline that announced, “Ronald Williamson, freed
an even more desperate low in 1982.
from death row, dies at the age of 51.”
Captivated by the significance of this simple sentence,
That year, a 21-year-old waitress was brutally raped
and murdered in Ada. Rather than pursuing as a suspect
Grisham read further to learn that the deceased had spent
the person last seen with the victim, the police turned their
12 years on death row, was finally exonerated of his crime
attention to Williamson. Aided by hair evidence and snitch
in 1999, and was now dead five years later from cirrhosis of
testimony, the police spent five years building a case against
the liver.
the former baseball player.
“After reading the entire obituary, I knew it had the
“The cops were convinced for years that Ron was the
makings of a much longer story,” Grisham said. To find that
murderer, but they hadn’t been able to pin the crime on
story, his first step was calling Williamson’s sister, Annette,
him,” Grisham explained.
in Tulsa, who had been mentioned in the obituary.
“It took me about 10 minutes to convince her it wasn’t a
When the police finally gathered enough evidence to
charge Williams, the suspect was still in a dire mental state.
crank call,” Grisham said. Annette eventually shared the full
At this point, he had been diagnosed with schizophrenia
story, at which point Grisham said he “realized the obituary
in addition to his prior battles with bipolar disorder and
had hardly scratched the surface.”
depression.
Not only did the tale fascinate him, but Grisham also
[10]
Williamson “thought he could be the next Mickey Mantle.”
aligns with Grisham’s well-known theme of legal drama but
Grisham had not intended to base his next novel on
“He and I were born about the same time, both dreamed of
“Untreated, unmedicated, Ron was charged with capital
felt quickly connected with the man who would become his
murder,” Grisham said, beginning to hint more strongly at
book’s main character.
the gross injustice of the treatment of the man’s case.
UVA Lawyer • fall
• 2006
Law School News
Author John Grisham
Williamson’s court-appointed lawyer was a legend, a
lawyers officially appealed the case, he was told he had 30
blind man named Barney known for his quick wit and
days to live. At the same time, Annette received a notice
powerful memory. Unfortunately, the attorney was now
informing her that she could witness the execution.
“past his prime,” Grisham said, and the simple trick of
dragging proceedings until 3 p.m. would catch him at his
“It’s morbid,” Grisham said. “They try to make [the
execution process] as painful as possible.”
napping hour and render him useless.
His attorney’s failings were exacerbated by Williamson’s
With the help of his new legal team, however,
Williamson’s situation improved. He was moved to the
bad behavior. Denied access to his medication by prison
treatment area for mental patients, where physicians finally
guards, Williamson became “a wild man” in the courtroom.
concluded that he was completely unstable. In 1998, he
Considering the defendant’s mental illness and his anger
underwent DNA testing that proved his innocence beyond a
at his inability to prove his innocence, the behavior should
doubt. And on April 15, 1999, he was completely cleared of
not have been surprising. But to the jury, knocking over
all guilt. Grisham noted this was “one of the first big DNA
tables and prompting brawls was hardly the behavior of an
exonerations.”
innocent man. Worse yet, Williamson’s efforts to convey
Media attention followed suit, leading up to
his innocence overwhelmingly backfired. Grisham said
Williamson’s appearance on “Good Morning America”
Williamson would yell at witnesses and the judge, “Stop
with Diane Sawyer. On that same all-expenses-paid trip to
lying! Judge, make him stop lying!”
New York, Williamson made a long-awaited trip to Yankee
“He was being truthful, but he was doing it in a way that
scared everybody,” Grisham said. As a result, there was “no
Stadium, a moment captured by Grisham in an emotional
passage he read to the audience.
trouble convicting him.”
Appeals were fruitless. It was only after Williamson had
When asked about his own views of the death penalty
debate, Grisham explained that he does not support the
spent 12 years on death row in Oklahoma, a place Grisham
death penalty in the United States because of the incredibly
called “as bad as it gets” with a near tremble in his voice,
flawed way in which it is implemented.
that a team of talented lawyers took on Williamson’s case.
With five days until his scheduled execution, September, 24,
His view on the issue was intensified by the chilling
discoveries he made as a result of writing The Innocent Man.
1994, the judge issued a stay that made it possible for
Williamson to be exonerated and take his life back.
Grisham spoke briefly of his meeting with the judge
“One thing this book taught me is that there are a lot
of innocent people in prison,” he said. “I would hope that
young lawyers want to help them.”
while he was conducting research for the book. “He’s a real
hero,” the author said.
Grisham also reflected on comments Annette,
Grisham’s talk was sponsored by the Criminal Law
Colloquium, the Virginia Innocence Project, and the
Student Legal Forum. a
Williamson’s sister, had made. Before Williamson’s new
UVA Lawyer • fall • 2006
[11]
Law School News
Japan’s Military Stopped Warning of Pearl
Harbor Attack, Says Iguchi
Hannah Woolf
J
apan’s military thwarted a
on Pearl Harbor, a tangled-up
declaration of war on the
delay resulted in the memorandum
United States before Pearl
not actually being delivered until
Harbor, said former Japanese
20 minutes after the attack had
Ambassador Takeo Iguchi at a
already occurred. Iguchi’s studies
talk sponsored by the Center for
have delved into the mystery
National Security Law September 22.
surrounding this delay.
Iguchi, an accomplished
The reason for the lapse, Iguchi
diplomat and scholar who is
found, is that the Japanese military
now professor emeritus at Shobi
“thwarted” the Ministry’s initial
University in Tokyo, has devoted the
plans to abide by set procedure.
Ambassador Takeo Iguchi
past 10 years researching a point in
The military was against “any
history he believes has been grossly
misrepresented by many modern historians.
While common belief—both inside and outside
academic circles—holds the United States partly responsible
It was only through the exploration of previously
undisclosed documents that Iguchi could reach such
Iguchi faults the Japanese for failing to follow expected
conclusions. In 1998 Iguchi uncovered a particularly telling
diplomatic procedures for declaring war.
document, called “Confidential War Diary,” which Iguchi
noted has not been published by any military historians
my surprise, for half a century,” Iguchi said. He called for a
despite its immense historical value. Inside, a member of
“reinvestigation, a reappraisal, a search of original materials.”
the Imperial Headquarters’ Army General Staff had written
His own reinvestigation was shaped largely by the
discovery of official documents in 1999 that, he said, clearly
indicate Japan did not comply with international law,
on Dec. 2, 1941, “The U.S. is not yet aware of Japan’s true
intent. Success of surprise attack is not to be doubted.”
Iguchi said he has brought his findings to the United
stipulating “a prior delivery of ultimatum in clear wording
States to open the issue to American scholarship. Although
to bring about a state of war which ipso facto terminates
he has garnered some support at home, including that of
diplomatic relations.”
three ambassadors and one major newspaper, many more
Iguchi pointed out that Japan did follow the necessary
protocol when entering World War I. The former
ambassador found that in World War II, however, the
Foreign Ministry did not send the United States what
constituted an ultimatum. What was to pass for an
[12]
a successful operation.”
for its lack of preparation and foresight before the attack,
“Study on Pearl Harbor diplomacy has been neglected, to
clear-cut announcement of force,”
Iguchi said, “since it might jeopardize their military plan for
Japanese academics, administrators, and citizens dispute his
conclusions.
“There is great opposition to my writings,” Iguchi said.
“They say, ‘You’re reopening old wounds.’”
Iguchi stands firmly grounded in his research,
ultimatum was Japan’s Final Memorandum to the United
however. He hopes to stimulate broader international study
States, a message that did not include any specific wording
of Pearl Harbor diplomacy in an effort to bring the true
regarding the use of armed forces. Furthermore, while the
story to light and support the work of “sincere historians”
message was meant to be sent a half hour before the attack
in Japan. a
UVA Lawyer • fall
• 2006
Law School News
Virginia Law Weekly Nabs ABA Award
for Best Newspaper
Mary Wood
The Virginia Law Weekly is used to giving others a “thumbs up,”
mysterious box sat in a pile of mail in the Law Weekly office for
but recently they received one themselves—from the American
days unopened.
Bar Association. The ABA awarded the student-run publication
“Finally our news editor, Chris Tucker, grabbed the box
Best Newspaper at their annual meeting in August, in a contest
and opened it up and there’s a plaque in it,” Kabealo said. Even
that included 15 other law schools. The Georgetown University
then, the wording of the award was ambiguous enough that it
Law Center and the Cleveland-Marshall College of Law had
took some Googling to find out that they had indeed taken the
dominated the category since 2001, so the award came as a
top prize.
pleasant surprise and a notable triumph for the paper’s staff.
Kabealo credited the win to The Federalist Society’s Leonard
Leo, the Law Weekly staff as a whole, and to
former editor-in-chief Lee Kolber, who made
it a priority to upgrade the organization’s
decade-old computers and software.
With the new equipment, current thirdyear Law student Joey Katzen was able to
redesign the newspaper’s layout.
“The new layout featured more modern
fonts and graphics but still preserved classic
Jeffersonian tradition with Jefferson’s image
on the masthead and other features. I think the
updated look really gave the paper some visual
pop and drew the reader into our improved
Law Weekly staff with their award
content,” Kolber said. “We were also lucky to
The Law Weekly, which publishes 26 issues a year, is
have a dedicated and very creative staff last year. I think the
known for its irreverent, tongue-in-cheek columns, but also
combination of the new layout, great photographs and creative
for its extensive coverage of law school events, its humorous
writing must have been the deciding factor.”
weekly collection of faculty quotes overheard in class, and its
Katzen, John Sheehan, and Drew Snyder redesigned the
sometimes-controversial “ANG” (Around North Grounds) feature,
newspaper’s Web site as well, providing easy access to students
which offers a mix of student and newspaper staff opinions
or alumni off Grounds. Kabealo also praised production editor
delivering thumbs-up or—down to everything from the parking
Josephine Liu’s layout skills. “You never have to worry when she’s
space lottery to Hurricane Ernesto.
around,” he said. The staff has grown to about 35 in the past
“We thought for a minute about not applying because it was
the end of the school year and finals were starting,” said editor-
year, with just as many first-year students expressing interest in
getting involved, he noted.
in-chief John Kabealo, who served as managing editor for the
Other law school papers might feature a couple of articles
paper last year. But the staff picked out their five best issues “and
in each issue, but “our newspaper reflects the higher level of
never gave it another thought.”
commitment that we have and it also is a reflection of UVA Law
The Law Weekly staff were unaware they had won when
generally,” Kabealo said. “Dean Jeffries likes to say it’s the voice of
classes began in late August—they didn’t attend the awards
the institution. After having been here two years going on three,
ceremony because of the expense of traveling to Chicago. A
I think that’s a pretty apt remark.” a
UVA Lawyer • fall • 2006
[13]
Law School News
The Federalist Society’s Leonard Leo
Confirmation of High Court Justices
Akin to Political Campaign, Leo Says
Robin Cook ’07
W
hile Supreme Court justices aren’t necessarily
of the pre-nomination tactics conservatives employed
political, the campaign to get them confirmed
include:
very much is, an insider to the process
• Aggressive fundraising to hire a top media firm. About
revealed at a Federalist Society lecture Sept. 20. Leonard Leo,
$15 million was spent for both confirmations on earned
the executive vice president of the Federalist Society and co-
and paid media, telemarketing, and other grassroots
chairman of National Catholic Outreach at the Republican
mobilization
National Committee, was one of the people most heavily
• Advance work recruiting more than 60 organizations to
involved in confirming the two most recent additions to the
support the nomination and confirmation of a person
Supreme Court, John Roberts and Samuel Alito.
committed to conservative priorities
“It is sad to see that a judicial confirmation process
• Polling to figure out what the American people thought
needs to resemble a political campaign, but that is where
the role of the court should be so that the message could
we are,” Leo said. “We needed to be preemptive, rapidly
be framed in a way that resonated with the public
reactive, and very strategic.”
Leo said that the strategy began well before it was even
known there would be a vacancy on the High Court. Some
[14] UVA Lawyer • spring • 2006
• Preparation of background memos and briefing
materials on every conceivable nominee
• Research into how Justices William Rehnquist and
Law School News
Sandra Day O’Connor affected the vote count in
to mobilize conservatives. Leo and his team used this
controversial areas of law
energy by identifying senators who were on the fence, and
• A search of history to learn how controversial issue areas
had been handled in earlier confirmations
generating calls, letters, and e-mails from constituents to
support each nominee.
The Roberts and Alito confirmations showed that the
• Publishing white papers to paint the ground favorably
when it comes to the questions that are appropriate for a
strategies used to oppose nominations in the past are not as
nominee to answer
effective now, Leo suggested.
“Extreme rhetoric and the politics of character
• Training 30 expert lawyers in how to talk to the media
• Holding dozens of background, off-the-record meetings
assassination simply don’t work as well,” Leo said.
with reporters to give them information about the
“Americans understand the role of the courts now, and
nomination and confirmation process
better than they did at the time of Robert Bork.” But, Leo
Once the nominations were made, what got Roberts and
Alito a seat on the court?
“We should not underestimate the importance of
said, it is not perfect. “As long as courts act as political
institutions, confirmations will likely resemble political
campaigns. The stakes are just too high.”
elections,” Leo said. First, Leo noted that Bush was elected
Following Leo’s presentation, Professor Michael
in part with the promise of appointing strict constructionist
Klarman responded with his thoughts on the confirmation
judges who would be in the mold of Scalia and Thomas.
process. He agreed with Leo that the process is too political,
This mobilized conservative voters in 2000 and 2004, he said.
but disagreed about the reason why.
Moreover, Leo noted the 10-vote Republican margin in the
“[Democrats] should have criticized Alito for his
Senate combined with evidence that Red State Democrats
views. He is too conservative for the country. Instead they
like former South Dakota Sen. Tom Daschle faced fallout
criticized him for his ethical lapses, for joining a Princeton
from their stances on judicial nominees to create a favorable
alumni club that was objectionable for various reasons,”
climate inside the Senate. Finally, Leo claimed that the “Gang
Klarman said. “The hearings become an exercise in
of 14 Compromise”—the deal struck in the summer of 2005
character assassination. Republicans defend his nomination
that allowed confirmation of three of the most conservative
by publishing photographs of him coaching his son’s little
Court of Appeals nominees—was a big defeat for liberals. At
league team, as if that’s a qualification for being on the
its core, Leo said, so long as two of the Republicans in that
Court … As a Democrat, I was embarrassed. The senators
group say that a filibuster is unwarranted, an up-or-down
were intent on assassinating the man’s character, and I see
vote will probably follow because of the risk of using the so-
no reason to doubt that he is an upstanding man.”
called “nuclear” option to break the filibuster.
The media was a key part of the process as well. Once
Klarman said that instead of focusing on the nominees’
character, both sides should embrace their merits.
a nominee was announced, a group of conservatives
Republicans should be proud that they nominated a
worked to define the nominee’s qualifications, philosophy,
conservative, he said, and Democrats should not be afraid
and character within the first 24 to 72 hours. As the
to attack the substance of the nominee’s views. Klarman
conservative movement learned in the failed Supreme
argued that there are two criteria for being on the Supreme
Court confirmation of Judge Robert Bork, “You can’t just
Court: a high level of proficiency with technical legal
assume that the nominee’s qualifications will by themselves
argument and political views that reflect the politics of the
stand up to attacks,” Leo said. This initial media work
nation.
was followed up with an aggressive public relations and
“At this point in time in American history it’s a bad idea
paid-media strategy with rapid response throughout the
to have a Supreme Court that is ideological on one side,”
confirmation period.
Klarman said. “The country elected a Republican president
Grassroots activism was also a component. Leo said
and Republican Congress, so it ought to get a Republican
that because the appointments themselves reflected a
justice, but not someone that far to the right. I have no
commitment to “textualism and originalism,” it was easy
confidence that Alito and Roberts fit that description.” a
UVA Lawyer • fall • 2006
[15]
Law School News
Commencement 2006
B
est-selling author David Baldacci ’86 told the
sound of the ‘Rocky’ theme song. UVA Law makes dreams
graduating class in his commencement address
come true,” John joked.
on May 21 that it faces tough challenges ahead
and should “go out and shake up the world.” He said “no
2006, including breaking school records for fundraising for
generation can be great unless all members realize that
public-interest activities and charities and the formation of
sacrifice, compromise, and altruism are not failings or signs
the Virginia Law & Business Review.
of weakness, and they don’t constitute a consolation prize
than our class gift,” Hill said. “Over 92 percent of you
collectively held.
made five-year pledges to the Law School—the highest
“And remember this: the core strength of greatness is and
understanding to others, regardless of what they look like,
what language they speak, or what God they believe in, if any.”
Following Baldacci’s remarks, the Law School conferred
participation rate of any graduating law school class in the
nation.”
Dean John C. Jeffries, Jr., warmly praised the Class of 2006.
“You leave here as you came—a collection of kind and
concerned and motivated individuals, you leave as you
376 Juris Doctor degrees, 30 Masters of Laws degrees, and
came with gifts of intelligence and personality that few
one S.J.D (Doctor of Juridical Science) degree.
can match, you leave as you came with a commitment
Before introducing Baldacci, Student Bar Association
to achievement, to excellence, to service, but you leave
President Hill Hardman and his identical twin and
here today with more than talent and commitment, you
SBA Vice President John Hardman delivered an address
leave with opportunity and power, with a vastly increased
jointly, rising to the podium to the sounds of a famous
capacity to influence the world around you,” said Jeffries.
inspirational tune. “Today we realized our life-long dream
of walking on stage in front of 2,000 people to the blaring
[16]
“Nothing better illustrates the magnitude of our impact
for being second-best—they comprise honor and a duty
always will be the human desire to show compassion and
Both praised the accomplishments of the Class of
UVA Lawyer • fall
• 2006
“The lawyer’s abilities to reason carefully, to argue cogently,
to explain persuasively, requires others to pay attention.” a
Law School News
Clerkships for 2006–2007 Term
Jennifer Lynn Attrep ’06
The Honorable Richard J. Leon
U.S. District Court for the District of Columbia
John Washington Burke ’06
Staff Clerkship
U.S. District Court for the Eastern District of Virginia
Thomas Bednar ’04
The Honorable Royce Lamberth
U.S. District Court for the District of Columbia
Adam C. Calinger ’06
The Honorable James E. Seibert
U.S. District Court for the Northern District of West Virginia
Janna Ione Berke ’06
The Honorable Berle M. Schiller
U.S. District Court for the Eastern District of Pennsylvania
William Paul Childress ’06
The Honorable James P. Jones ’65
U.S. District Court for the Western District of Virginia
Jason Binder ’05
The Honorable Diane Kroupa
U.S. Tax Court
Catherine Danielle Cockerham ’06
The Honorable Samuel G. Wilson
U.S. District Court for the Western District of Virginia
Pamela Karten Bookman ’06
The Honorable Robert D. Sack
U.S. Court of Appeals for the Second Circuit
Clayton Andrew DeArment ’06
The Honorable Glen M. Williams ’48
U.S. District Court for the Western District of Virginia
Jason Robert Brege ’06
The Honorable Douglas O. Tice Jr.
U.S. District Court for the Eastern District of Virginia
William Lassiter Doffermyre ’06
The Honorable D. Brock Hornby
U.S. District Court for the District of Maine
Pauletta Jean Brown ’06
The Honorable Louise W. Flanagan ’88
U.S. District Court for the Eastern District of North Carolina
Ewell Patrick Eagan ’06
The Honorable Sarah S. Vance
U.S. District Court for the Eastern District of Louisiana
Lindsay Blair Buchanan ’06
The Honorable Leonie M. Brinkema
U.S. District Court for the Eastern District of Virginia
Bradley Keith Ervin ’06
The Honorable Karen L. Henderson
U.S. Court of Appeals for the D.C. Circuit
Michael Franklyn Buchwald ’06
The Honorable George P. Schiavelli
U.S. District Court for the Central District of California
Michael Jacob Ewart ’06
The Honorable Robert E. Payne
U.S. District Court for the Eastern District of Virginia
Supreme Court Clerkships
2006–2007 Term
John Adams ’03
Justice Clarence Thomas
David Bragdon ’02
Justice Clarence Thomas
Dan Bress ’05
Justice Antonin Scalia
Gordon Todd ’00
Justice Samuel Alito
Linda Fang ’06
The Honorable Legrome D. Davis
U.S. District Court for the Eastern District of Pennsylvania
David Lee Feinberg ’06
The Honorable Benson Everett Legg
U.S. District Court for the District of Maryland
Erin Cavan Fitzpatrick ’06
The Honorable Loretta A. Preska
U.S. District Court for the Southern District of New York
Patricia Jean Freshwater ’06
The Honorable J. Frederick Motz ’67
U.S. District Court for the District of Maryland
UVA Lawyer • fall • 2006
[17]
Law School News
[18]
Richard Gardner ’06
The Honorable Gerald F. Schroeder
Idaho Supreme Court
Trevor Neil McFadden ’06
The Honorable Steven M. Colloton
U.S. Court of Appeals for the Eighth Circuit
Andrew Evan Gelfand ’06
The Honorable James L. Ryan
U.S. Court of Appeals for the Sixth Circuit
James McKinley ’05
Staff Clerkship
U.S. District Court for the Western District of Virginia
Scott David Goodwin ’06
Staff Clerkship
Delaware Court of Common Pleas
Jason Webley Melvin ’06
The Honorable Sharon Prost
U.S. Court of Appeals for the Federal Circuit
Thomas Bryan Weatherly Hall ’06
The Honorable John G. Heyburn, II
U.S. District Court for the Western District of Kentucky
Monique Kareem Moore ’03
The Honorable Reggie B. Walton
U.S. District Court, District of Columbia
Jamey Harris ’05
The Honorable Susan P. Graber
U.S. Court of Appeals for the Ninth Circuit
Michael Nephi Nemelka ’06
The Honorable Paul V. Niemeyer
U.S. Court of Appeals for the Fourth Circuit
Edward Shih-Tong Jou ’06
The Honorable Tu M. Pham
U.S. District Court for the Western District of Tennessee
Stephen Michael Ng ’06
The Honorable Margaret C. Rodgers
U.S. District Court for the Northern District of Florida
Christopher Robert Kavanaugh ’06
The Honorable James C. Cacheris
U.S. District Court for the Eastern District of Virginia
Paul S Nicklas ’06
The Honorable George P. Kazen
U.S. District Court for the Southern District of Texas
Leslie Carolyn Kendrick ’06
The Honorable J. Harvie Wilkinson, III ’72
U.S. Court of Appeals for the Fourth Circuit
Thomas Dennis Nolan ’05
The Honorable Milan D. Smith, Jr.
U.S. Court of Appeals for the Ninth Circuit
Lindsey Anne Lewis ’06
Staff Clerkship
Fairfax County (Virginia) Circuit Court
Tonya Noldon ’04
The Honorable Diana Saldana
U.S. District Court for the Southern District of Texas
David Joseph Lienhart ’06
Staff Clerkship
U.S. Bankruptcy Court for the Middle District of Florida
Patrick Robert Noonan ’06
The Honorable Robert R. Beezer ’56
U.S. Court of Appeals for the Ninth Circuit
Roy Edward Litland ’06
The Honorable Ann D. Montgomery
U.S. District Court for the District of Minnesota
Frederick Nicholas Noyes ’06
Staff Clerkship
Portsmouth (Virginia) Circuit Court
Robert Neale Lyman ’06
The Honorable Norman K. Moon ’62, (LL.M.) ’88
U.S. District Court for the Western District of Virginia
Joseph Christian Obenshain ’06
The Honorable James W. Haley Jr. ’67
Virginia Court of Appeals
Aaron Christopher Mahler ’06
The Honorable Daniel A. Barker (LL.M.) ’04
Arizona Court of Appeals
Nicole Marie O’Brien ’06
The Honorable James W. Haley Jr. ’67
Virginia Court of Appeals
Jonathan Richard Marx ’06
The Honorable Thomas S. Ellis III
U.S. District Court for the Eastern District of Virginia
Kristi O’Malley ’05
The Honorable Emmet G. Sullivan
U.S. District Court, District of Columbia
Kimbery Mccalmont Mattingly ’06
Staff Clerkship
Manassas (Virginia) Circuit Court
George Pence ’05
The Honorable J. Clifford Wallace
U.S. Court of Appeals for the Ninth Circuit
UVA Lawyer • fall
• 2006
Law School News
2006 Graduation Awards
Justin John Peterson ’06
The Honorable Rhesa H. Barksdale
U.S. Court of Appeals for the Fifth Circuit
Kristen Rae Olvera Riemenschneider ’06
The Honorable Francis M. Allegra
U.S. Court of Claims
Kendra Purcell Robins ’06
The Honorable Alvin A. Schall
U.S. Court of Appeals for the Federal Circuit
Ann Steward Robinson ’06
The Honorable Diana G. Motz ’68
U.S. Court of Appeals for the Fourth Circuit
Neil N. B. Rowe ’92
The Honorable Daniel P. Jordan, III ’93
U.S. District Court for the Southern District of Mississippi
Paul Francis Rugani ’06
The Honorable Cormac J. Carney
U.S. District Court for the Central District of California
Margaret G. Hyde Award
Leslie Carolyn Kendrick
James C. Slaughter Honor Award Lindsay Blair Buchanan
Thomas Marshall Miller Prize Herbert Timothy Lovelace, Jr.
Z Society Shannon Award David Farley Reid
Law School Alumni Association
Best Note Award Leslie Carolyn Kendrick
Robert E. Goldsten Award for
Distinction in the Classroom Robert Charles Richards, Jr.
Roger and Madeleine Traynor Prize Tam Quang Dinh
Jonathan Richard Marx
Herbert Kramer/Herbert Bangel
Community Service Award Tiffany Marie Marshall
Mortimer Caplin Public Service Award Cristin Gunther Head
Robert F. Kennedy Award for Public Service Sarah Louise Conant
Edward Sackman ’04
The Honorable Thomas Golden
U.S. District Court for the Eastern District of Pennsylvania
Edwin S. Cohen Tax Prize Benjamin Joseph Angelette
Earle K. Shawe Labor Relations Award Anthony Augustus Orlandi
Andrew A. Schmidt ’06
The Honorable Carol Lowinsky
Boulder (Colorado) District Court
John M. Olin Prize in Law and Economics Eric Andrew Reitman
Eppa Hunton IV Memorial Book Award Paul Francis Rugani
Ashley Campbell Short ’06
The Honorable Benson Everett Legg ’73
U.S. District Court for the District of Maryland
Virginia Trial Lawyers Trial
Advocacy Award Christopher Robert Kavanaugh
Virginia State Bar Family Law
Book Award Leslie Carolyn Kendrick
Stephen Pierre Traynor Award Kristen Rae Olvera Riemenschneider
Daniel Rosenbloom Award Pamela Karten Bookman
Sarah F Teich ’06
The Honorable Kermit V. Lipez (LL.M.) ’90
U.S. Court of Appeals for the First Circuit
Christopher John Termini ’06
The Honorable Robert G. Doumar ’53, (LL.M.) ’88
U.S. District Court for the Eastern District of Virginia
Martin V. Totaro ’06
The Honorable D. Brooks Smith
U.S. Court of Appeals for the Third Circuit
Thomas Hoelder Wintner ’06
The Honorable Boyce F. Martin, Jr. ’63
U.S. Court of Appeals for the Sixth Circuit
Alan Marshall Trammell ’06
The Honorable Stephen F. Williams
U.S. Court of Appeals for the D.C. Circuit
Monifa Fela Wright ’06
The Honorable Phyllis A. Kravitch
U.S. Court of Appeals for the Eleventh Circuit
James Edward Tysse ’06
The Honorable Beverly B. Martin
U.S. District Court for the Northern District of Georgia
Jessica Yates ’06
The Honorable David M. Ebel
U.S. Court of Appeals for the Tenth Circuit
Clara Angelica Vondrich ’06
The Honorable Timothy M. Tymkovich
U.S. Court of Appeals for the Tenth Circuit
Jerry Tongwei Yen ’06
The Honorable T. John Ward
U.S. District Court for the Eastern District of Texas
UVA Lawyer • fall • 2006
[19]
Faculty news and Briefs
Faculty News and Briefs
Bagley Focuses
Science Through the
Lens of the Law
Bagley never regretted her decision. She received her J.D.
in 1996 from Emory, where she was an editor of the Emory
Law Journal. Bagley worked as an associate with Smith,
Gambrell & Russell and Finnegan, Henderson, Farabow,
Garrett & Dunner as a patent attorney for three years. Up
to that point, she had never really considered academia as a
career, but another phone call changed her course yet again.
Cullen Couch
Heeding the Call
W
“I was practicing law and received a call from Howard
hen Margo
Abrams, one of my professors at Emory,” says Bagley. “They
Bagley worked
were looking for a patent law professor and he was a real
as a research
champion of mine. I was a Woodruff Scholar at Emory
chemical engineer in the
so I knew a lot of the professors very well and had a great
1980s, she found herself
relationship with the dean. They brought me in, I made a
routinely clearing product
presentation, and they invited me to join the faculty.”
development projects with
Bagley became an assistant professor of law at Emory
the legal department’s
University in 1999. She was a visiting professor of law at
patent attorneys. A star at
Washington & Lee University School of Law in 2001 and at
Procter & Gamble where
the Law School last fall. As one of the new faculty members
she was named Food
at the Law School, she now teaches courses at the Law
Product Development
School that focus on intellectual property-related topics,
Excellence “Rookie of the Year” and was co-inventor on a
specifically in the patent law area.
U.S. patent, and later a senior research analyst at the Coca-
Bagley finds her teaching also helps generate ideas for
Cola Company, she nevertheless found over time that her
her scholarship. “I see different approaches to issues related
role as a technologist in corporate life was too “narrow and
to increasing levels of patent protection internationally. As
cramped.” Intrigued by her many conversations with the
a professor, I get to have an impact in a way that I never
legal department, she decided to make a few phone calls.
could as a practicing attorney. I still am in contact with
“Any time I wanted to run a consumer test, I would
students who I taught eight years ago and who are off
have to clear it with patent attorneys because we might be
around the world doing great things.”
losing rights to obtain patent protection in other countries,”
While at Emory, Bagley played a significant role in
recalls Bagley, the Law School’s new Class of 1941 Research
the development and implementation of the nationally
Professor. “I really became interested in patent law through
recognized and award-winning TI:GER (Technological
those interactions. So I actually pulled out the phone book
Innovation: Generating Economic Results) program. TI:
and cold-called some more patent attorneys to find out if
GER is an interdisciplinary joint venture between Emory
they really liked what they were doing and how they got
Law School, the Georgia Institute of Technology, and the
into the field. I concluded that it was a change I wanted to
Emory Department of Economics that brings together
make and it’s been wonderful.”
J.D., M.B.A., and Ph.D. students to learn the process of
UVA Lawyer • fall • 2006
[21]
Faculty news and Briefs
commercializing innovation. TI:GER echoes the Law
judicial interpretations of the Patent Act, the Patent Office
School’s Law & Business Program in its interdisciplinary
doesn’t have the authority to reject such claims. It really is
approach to the study of law and its goal of teaching law
an untenable situation.”
students the “language” of their clients.
“I think that interdisciplinary learning is very important,
Bagley is also concentrating her scholarship on three
highly visible areas of public policy. The first is the nexus
especially for lawyers. Lawyers need to understand their
between morality and biotechnology, which involves
clients’ business needs and be able to work with them
the Weldon Amendment. The second is the unintended
creatively to figure out how they can use tools in the law to
consequences of linking intellectual property protection
achieve their company objectives.”
to international trade. And the third is technology transfer
Bagley readily admits that her degree in chemical
issues surrounding the Bayh-Dole Act of 1980 which gave
engineering is fundamental to her success as a patent
universities the right to take title to inventions made with
attorney and now scholar in intellectual property. “You have
federal funds.
to have a science or engineering background in order to sit
And, says Bagley, she has found the perfect place
for the registration exam and represent clients before the
to pursue her research. When she visited Virginia last
Patent & Trademark Office. That degree was critical to my
fall, she “fell in love with the area and the collegiality
being able to practice the kind of law that I did and is still
and involvement of both students and faculty. I was so
relevant now to some of the classes that I teach. It was very
impressed with the caliber of students, the quality of the
helpful when I was in practice, because I had a rapport with
questions they asked, and their interest in the subject
my inventor-clients. I had credibility with them because I’d
matter. I’d never had 65 students in patent law before and
been in R&D, I’d been an inventor, and I understood the
I was thrilled that so many students took the course with
kind of work they were doing.”
no science/engineering background; it was great. And I
But nevertheless, Bagley says that a student doesn’t need
absolutely love the interaction with my colleagues; their
a scientific mind to study patent law or to litigate patent
collegiality, their commitment to scholarship, and their
cases. She shows students how every case deals with the law.
willingness to engage and explore issues outside of their
She helps them drill down past the technology to where the
particular area. When I presented an article, they gave me
student ultimately finds the legal principles; what the law is,
wonderful feedback.”
and more importantly, what the law should be. Is it really a
Bagley is co-authoring an international patent law book
good decision? What are the policy implications? What type
with Ruth Okediji from the University of Minnesota and
of patent system do we want to have? “I tell them this is law,
Jay Ersling, a senior official with the World Intellectual
just like any other area of law and to not be afraid of the
Property Organization, a U.N. agency, who is responsible
science. And once students find out that they don’t have to
for administering the Patent Cooperation Treaty. This
be afraid of that, they do just great.”
semester, she is teaching patent law and international patent
law and next semester a seminar on current issues in patent
Scholarship, Politics, and Public Policy
Bagley is now focusing on a particularly irksome
next few Congresses to see some significant changes and
wrench into one area of the patent process. “It’s a mess right
I think it is an excellent time for students to study these
now,” she says. “Our system allows patents on pretty much
issues, get out in front, and tell Congress what it should do,
any type of subject matter. But now we have this strange
because frankly, Congress needs the guidance. There’s so
little thing called the Weldon Amendment which says that
much going on. I want my students to have an opportunity
the Patent Office can’t use any of the funds Congress has
to write papers that influence the outcomes in this area.” a
tell us what a human is. It doesn’t provide a basis for an
examiner to actually reject any claims. And under current
[22]
legislative changes in 50 years,” she says. “We expect in the
development in Congress that throws an administrative
appropriated to it to issue patents on humans. It doesn’t
law. “Congress is considering the most dramatic patent
UVA Lawyer • fall • 2006
Faculty news and Briefs
Tomiko BrownNagin Brings New
Perspective to History
of Civil Rights
professor of law and history at Washington University in
St. Louis.
Brown-Nagin credits Judge Carter as an inspiration
for her forthcoming book, Black Ambivalence about Legal
Liberalism: A Pragmatically Conservative Path to Civil
Rights, Atlanta, 1895–1979. Carter was a member of the
NAACP team that argued Brown, but later became a critic
of the NAACP’s strategies, including those he had pursued
himself. His willingness to criticize the organization in
Cullen Couch
which he became one of the pre-eminent civil rights
lawyers of his generation impressed Brown-Nagin. As a
T
self-described “child of Brown” who fully appreciates its
he arc of Tomiko
emblematic importance to the civil rights movement, she,
Brown-Nagin’s career
too, chooses to honor it by bringing a critical perspective to
as a scholar began
the complex social and political environment surrounding
as a young girl listening to
that landmark decision and the NAACP’s entire campaign
her father’s stories about
for civil rights. Brown-Nagin’s book asks what the narrative
attending the segregated
of the civil rights movement looks like “if we consider
schools of Edgefield County,
the NAACP’s campaign from the bottom-up, from the
South Carolina, the home
perspective of the local people who were its intended
of Strom Thurmond and a
beneficiaries and the local lawyers and activists who were
host of other prominent
southern politicians who at
the time were committed
to segregation. Her father’s
experiences stirred in her
a lifelong interest in the
issues of education, equality,
“I also think it important that we study the NAACP’s
campaign carefully and uncover the social history
surrounding it in all of its nuances.”
and race, and accounts for
her engagement with them
as a lawyer and a professor.
Brown-Nagin stayed true to that early vision. Now
tasked with implementing the Supreme Court’s civil rights
precedents.” She challenges the “myth of consensus” that
Professor of Law and History and F. Palmer Weber Research
surrounds the NAACP’s campaign by uncovering dissent
Professor in Civil Liberties and Human Rights at Virginia,
and ambivalence about it within the African-American
Brown-Nagin took a doctorate in history from Duke and
community at the grass-roots level.
a law degree from Yale, where she was an editor of the Yale
In the process she has received criticism from some
Law Journal. She clerked for Judge Robert L. Carter of the
quarters. “Some people consider it heresy to question
U.S. District Court for the Southern District of New York
received wisdom about Brown or the NAACP lawyers on
and Judge Jane Roth of the U.S. Court of Appeals for the
the theory that they did something great, which of course, I
Third Circuit. After holding the Charles Hamilton Houston
agree they did. But I also think it important that we study
fellowship at Harvard Law School and a Golieb legal history
the NAACP’s campaign carefully and uncover the social
fellowship at NYU, Brown-Nagin entered private practice
history surrounding it in all of its nuances. Doing so is true
as a litigation associate at Paul, Weiss, Rifkind, Wharton
to an intellectual tradition personified by Judge Carter.”
& Garrison in New York and then served as an associate
Professor Anne Coughlin, chair of the Law School’s
UVA Lawyer • fall • 2006
[23]
Faculty news and Briefs
Tenured Appointments Committee, which recommended
that the Law School hire Brown-Nagin, said she was
recruited by several top law schools.
“Her ongoing research on the desegregation of the
Atlanta schools is substantial and significant, giving original
insights into the conflicts that developed between and
Mitchell Examines
Human Behavior
Models
among national litigation groups and the communities they
Denise Forster
aimed to represent,” Coughlin said. “Even at this early stage,
her book manuscript is a very powerful read.
“There is no doubt that she is going to be one of the
leading historians on race and education,” she added. “We
were incredibly fortunate that Professor Brown-Nagin
chose to come to U.Va.”
Coughlin also credits Brown-Nagin’s work as a litigator
before and during the time she was becoming a scholar.
L
egal scholars long
used the “rational
actor” model in
analyzing economic theory
before behaviorialists
“Appreciating how the law works on the ground enriches
modified it into the “quasi-
both her scholarship and her teaching,” said Coughlin,
rational actor” model that
noting that in serving as a visiting professor during the
maintains people more
2004–2005 academic year, Brown-Nagin taught classes on
frequently make suboptimal
the law and social movements and on education policy.
decisions. But Gregory
“I’ve served on Appointments for several years. I’ve talked
Mitchell, the latest addition
to students about recruiting visiting professors on many
to the Virginia Law faculty,
occasions, and I’ve never seen students more enthusiastic
thinks they went too far. He’s not an apologist for the
about recruiting a visitor than they were about Tomiko
rational actor model of human behavior—it’s not that
Brown-Nagin.”
easy. Rather, he examines how people make judgments
In turn, Brown-Nagin enjoyed her year as a visitor. “I
and decisions, enter into contracts, evaluate options, and
was really struck not only by the law school’s intellectual
maximize utility, resulting in a more nuanced, complicated
energy, but also by its civility. It seems to be a very healthy
picture of human behavior.
environment in which to pursue scholarship and teach.”
But the single most important factor that attracted
Brown-Nagin to Virginia is its strength in legal history, both
“One of the leading questions in legal theory is ‘Which
of these models of human behavior—humans as perfectly
rational actors or humans as quasi-rational actors—should
at the Law School and on the Grounds. “There are few law
guide courts and legislatures when they formulate the law
schools that can compete with U.Va.,” she said, “particularly
or regulate transactions?’” said Mitchell. This question
in civil rights history. I’m really excited about joining such
raises issues at the intersection of law and economics and
an esteemed group of colleagues.” a
psychology. What is at stake is the relative accuracy of the
two models of human behavior.
The dominant model had been the rational actor model,
which is respectful of individual’s ability to make decisions.
Rational actors are capable when tasked with negotiation;
they make the decisions that are best for them. Within the
last ten years, the quasi-rational actor model has moved to the
forefront of behavioral theory, seeking to amend or overthrow
the rational actor model. This new model posits that many
people are unable to make decisions in their best interest.
[24]
UVA Lawyer • fall • 2006
Faculty news and Briefs
“Virginia has been one of the leaders for
of Psychology and Psychiatric Medicine with the
University.
years with respect to the use of empirical
After teaching at Virginia for a semester in
research in legal theory, and they do it in a
2005, Mitchell was happy to be recruited to the Law
faculty. “Being a law professor is the best job within
the law. Now I am lucky enough to be at Virginia
very sophisticated way,”
and am delighted with that, because it’s an amazing
set of colleagues [here].”
Mitchell appreciates the richness found at
The primary basis for the overthrow has been
each juncture in his career—as student and as
psychological research—or, Mitchell asserts, the
professional. As an undergraduate at the University of
interpretation of that research—which demonstrates
Arkansas, he was intrigued by the work and study around
people often make suboptimal decisions and systematic
the “Tragedy of the Commons,” an essay by ecologist
errors when making judgments or reaching decisions.
Garrett Hardin that explored social dilemmas. In that
“My view is that the advocates for the quasi-rational
1968 essay, Hardin posited a hypothetical: A community
actor—or the advocates for a new model of human
has a commons area on which animals may graze. While
behavior that says that people often engage in suboptimal
individuals are motivated to add to their flocks for personal
decision making—get it wrong,” he said. “Certainly we
gain, every animal added to the commons degrades the
make mistakes, and the law has a role to play in fostering
land a small amount. Although the reward is clear for
good judgment and decision-making, but case has not been
the individual—the rational actor—at each stage, if all
made for wholesale changes to the law’s assumption of
individuals follow this pattern the commons will be
rationality that many legal theorists now advocate.”
destroyed—therein the tragedy.
Mitchell knows that he is bucking current trends in
How people manage social dilemmas where group and
scholarship; he just wants to get it right. Using his PhD in
individual interests diverge became a continuing interest for
Psychology from Berkeley, Mitchell gathers information
Mitchell, and the question motivated him to start graduate
about real-world phenomena and applies it to the law.
studies in topics at the intersection of psychology, law and
Developments at the intersection of law and psychology
politics. Determining he needed to understand the law and
and the prospect of greater use of social science by the
legal systems better, he decided to go to law school while
legal system excite Mitchell, despite his concerns about
getting his PhD—all at Berkeley.
some scholars overselling the negative portrait of human
behavior.
Here again, a path emerged; “I wound up enjoying the
law much more than I expected. I decided I would clerk for
“Virginia has been one of the leaders for years with
a year and then resolve what to do next, thinking I would
respect to the use of empirical research in legal theory,”
go back into academia right after clerking.” But Mitchell
he said. Professors John Monahan and Larry Walker
met his future wife while clerking in Nashville and chose to
are longtime advocates for greater use of social science
practice while she finished law school at Vanderbilt.
within the law, “And they do it in a very sophisticated way,”
Mitchell added.
The respect is mutual. “I am delighted to have another
social scientist on the faculty,” Monahan said. “Greg
Most individuals with a JD and PhD head to academia
after graduation, but Mitchell valued his practice and says
the realities of civil litigation made him a better teacher.
“You understand the rules in concrete ways. From my
Mitchell is one of the nation’s most astute and creative
practice I appreciate the importance of the rules.” He brings
scholars of the role that empirical research can play in
those rules and realities to his classes on Civil Procedure,
legal scholarship and practice. We were very lucky to land
Evidence, and Law and Psychology.
him here.” Monahan is the Henry L. and Grace Doherty
Charitable Foundation Professor of Law, as well as Professor
After six years, wanting to return to scholarship,
Mitchell began his teaching career at Michigan State. “I had
UVA Lawyer • fall • 2006
[25]
Faculty news and Briefs
been away from academia for so many years. I’m grateful
Michigan State took a gamble on me,” he said. He was
teaching and conducting research at Florida State when
Virginia called.
“Greg Mitchell is doing foundational work in the area
of behavioral law and economics. The field is exciting
and important, and the Appointments Committee spent
a couple of years reading the scholarship, looking for the
Harmon Brings
Prosecutorial
Experience to the
Classroom
most thoughtful and innovative authors. When we read
Emily Williams
Greg Mitchell’s work, we knew we had found the real
deal,” said Anne Coughlin, the O.M. Vicars Professor of
Law and Barron F. Black Research Professor who chaired
the Law School’s Tenured Appointments Committee. “His
research is meticulous, and his insights are significant and
sophisticated.”
Mitchell believes that those who understand social
W
hen Rachel
Harmon was
preparing her
closing statements for a
science can answer a lot of questions about the law. He
civil rights trial she was
knows that he’s in good company at Virginia. “It is an
prosecuting in Texas, she
honor to join the Virginia faculty. The work here on the
wanted to make sure that
appropriate role of social science and the law is the most
there were no holes in her
important work done in this area in years. It’s an honor to
argument. The defendant in
join this faculty.” a
the case was a police officer
who had allegedly violated
the civil rights of a man by
punching him in the face. She anticipated objections from
the defense and made sure she had the legal framework
to back herself up. She particularly wanted to curb any
objections that could be raised about the relationship she
painted between self defense law and police use of force, a
strategy she used to help the jury determine whether the use
of force by the police officer was reasonable. After researching
the issue, she was astonished to find there was insufficient
legal literature to support a connection—so she decided to
write about it. The result, “Police Violence and Self-Defense,”
argues that existing case law about what constitutes
excessive force by police officers during an arrest is not
adequate for guiding courts and juries, and that elements
of justification defenses, including self defense, provide a
better framework for examining excessive force cases. Writing, once a spare-time hobby for Harmon, is now a
core part of her job she looks forward to pursuing more in
depth as an associate professor at Virginia. Rooted in realworld legal experience, Harmon’s scholarship will largely
be informed by her experiences as a trial attorney and the
[26]
UVA Lawyer • fall • 2006
Faculty news and Briefs
symbiotic passion for theory and practice she has cultivated
addition to our faculty.”
throughout her education and career.
“As a practicing lawyer I would confront interesting legal
Harmon has long had an interest in social justice issues.
She served as a consultant on the Human Rights Task
issues or interesting policy questions, but then quickly have
Force of Cambodia, training NGO members in political
to come up with an answer for the litigation I was involved
organizing and educating prostitutes on their rights under
in and move on to the next thing. I started working on an
laws on prostitution and sex slavery. Additionally, she
article and found that I really, really enjoyed the writing
worked as a special assistant in the U.S. Attorney’s Office.
process and enjoyed being able to think about the same
Her efforts were recognized through multiple awards,
issue over time and not just have to move on,” Harmon said.
scholarships, and fellowships. “I really like a combination of theory and practice. I really
like understanding the whys behind things as well as just
doing them.”
Harmon began her academic career at MIT, where
she earned a degree in civil engineering and a minor in
women’s studies. Afterwards, while working on her master’s
degrees in political theory and political sociology as a
“I really like a combination of
theory and practice. I really like
understanding the whys behind
things as well as just doing them.”
Marshall Scholar at the London School of Economics,
Harmon found herself yearning for scholarship more
grounded in practical problems. She decided to combine
her work in political theory with law. Harmon entered Yale
Law School, where she made the decision to put academia
on hold and follow in her father’s footsteps, practicing law.
At Yale, Harmon served as the articles editor for the Yale
Law Journal and the Yale Journal of Law & the Humanities,
and held several teaching and research assistantships.
After law school, Harmon clerked for Judge Guido
For the past eight years, Harmon served as a civil rights
Calabresi of the U.S. Court of Appeals for the Second
prosecutor for the U.S. Department of Justice’s Civil Rights
Circuit and then for Justice Stephen Breyer of the Supreme
Division, working in its Criminal Section to prosecute hate
Court. Harmon said the experiences were invaluable for
crimes, police brutality cases, and cases of government
developing a meaningful understanding of how judiciaries
officials’ misconduct, fostering a portfolio of research
work, substantively and procedurally.
interests in substantive criminal law and theory, criminal
procedure, and civil rights.
“Rachel brings a unique prosecutorial perspective to our
In addition to her enthusiasm for teaching and learning,
Harmon’s experience conducting investigations and
building and trying cases will offer students a snapshot of
criminal law faculty with her years of experience litigating
the legal process. In the coming year she will teach Criminal
federal police brutality cases,” said Associate Professor
Law, Criminal Investigation, and a new course, Police
Brandon Garrett. “Rachel’s work brought about a legal role
Misconduct.
reversal, with police officers as defendants, on the receiving
“As a federal prosecutor, I worked on aspects of the
end of a criminal prosecution for their misconduct. That
areas of law I’m interested in teaching,” she said. “Those
intersection of civil rights and criminal law enforcement
experiences will definitely affect how my scholarship
will be a rich area for future scholarship.”
proceeds and what I talk about in the classroom.
Harmon builds on an already-strong criminal law
“I think I can be part of a broader team here that’s
program, said Professor Julia Mahoney, who chaired the
interested in issues in criminal law and police practice. I am
entry-level faculty appointments committee last year.
very excited to work with them and to contribute from my
“She’s someone who has stellar work experience and
experience.” a
has done graduate work in political theory. It’s a terrific
combination.” Mahoney said. “She’s just a wonderful
UVA Lawyer • fall • 2006
[27]
Faculty news and Briefs
Homecoming for
New Faculty Hire
Toby Heytens
briefs recognized in the Green Bag’s inaugural almanac of
Exemplary Legal Writing.
“I think having worked in different parts of the system
and from different angles and on different kinds of issues
will be very helpful in terms of teaching,” Heytens said.
Heytens has already had his work published in impressive
journals, including the Yale Law Journal, to which he
Emily Williams
contributed “Managing Transitional Moments in Criminal
Cases,” a reconsideration of nonretroactivity doctrines—the
H
Warren Court’s preferred method of dealing with shifts in
aving known no
precedent that occur between the initial decision in a case
professors and
and its ultimate resolution, such as through an appeal.
very few lawyers
while growing up, new faculty
hire Toby Heytens had not
exactly dreamed of becoming
a law professor. Still, it’s a
thought he’s carried with him
since he was a law student at
“The culture at UVA is fantastic and
is really second to none. I always
thought Charlottesville was great.”
UVA. Heytens’s professional
experiences during and after law school have been ideal
preparation for his new role as associate professor of law at
his alma mater.
Over the past six years, Heytens has pursued his interests
National Moot Court Competition, and co-authored a
problem used during the elimination rounds of the Lile Moot
habeas corpus, and remedies through a wide variety of
Court Competition. Heytens’s abilities were not unnoticed,
positions. Following his graduation from the Law School
as he received numerous awards, including the Law School
in 2000, Heytens clerked for then-Chief Judge Edward R.
Alumni Association Award for Academic Excellence, the
Becker of the U.S. Court of Appeals for the Third Circuit.
Best Note Award, and the Roger and Madeline Traynor
He next served as a Bristow Fellow in the Office of the
Prize.
The transition to academia should be natural for Heytens.
of the federal government’s litigation before the Supreme
“I’ve always loved being in the academic environment,”
Court and also oversees all government-taken appeals in the
Heytens said. “I like having all of the opportunities for
lower federal courts.
learning you have being in the academic environment, the
During 2002–2003, Heytens clerked for Justice Ruth
Bader Ginsburg of the Supreme Court of the United
opportunity to think about and explore different ideas.”
Professor Julia Mahoney, chair of the entry-level faculty
States. He then worked in the Washington, D.C., office
appointments committee last year, is delighted to have
of O’Melveny & Myers LLP, where his practice focused
Heytens on board. “We value the depth of experiences he has
on appellate litigation, including United States v. Martha
amassed in the six short years since he graduated,” Mahoney
Stewart. In the spring of 2005, Heytens took a leave from
said. “He adds to the breadth of our distinguished faculty.”
O’Melveny to serve as a visiting assistant professor at
[28]
editor of the Virginia Law Review, competed twice in the
in civil procedure, federal courts, civil rights litigation,
Solicitor General of the United States, which conducts all
As a law student, Heytens served as articles development
Heytens looks forward to returning to Charlottesville
Cornell Law School. Following his return to the firm,
and the Law School. “I’m thrilled to be back,” he said. “The
Heytens was the principal author of an amicus brief in the
culture at UVA is fantastic and is really second to none. I
Supreme Court case FAIR v. Rumsfeld that was one of two
always thought Charlottesville was great.” a
UVA Lawyer • fall • 2006
Faculty news and Briefs
Katrina’s Silver
Lining: UVA Law
Gains a Professor
both—that’s pretty unusual,” he said. “Now that I’m going
to be here, I feel an incentive to do better at both, if only to
avoid embarrassment.”
He said he is similarly impressed by the students.
“They’re smart, they’re interested, and they seem to take
their studies seriously—well, most of the time—as they
should,” he said.
Elizabeth Katz ‘09
Law Weekly Staff Writer
Collins said one of his proudest accomplishments is his
appointment to teach at UVA, but his path to professorship
was somewhat unusual. After finishing his undergraduate
P
studies, Collins began graduate school in the Stanford
rofessor Michael
Classics department. While serving as a teaching assistant
Collins had spent
for a course on Roman law, he met several enrolled law
most of his career
students.
teaching at Tulane when
“Their way of thinking about the subject struck me as
Hurricane Katrina hit one
bizarre, but interesting—very much unlike the way I (or
week into the fall 2005
any one else in the department) was coming at the material,”
semester. Although Collins
he said. “I guess I wanted to learn to think like they did.”
expected that classes would
His law student friends convinced him to switch to
resume in a few days, he
law school, which he said had the added benefit of not
headed to Charlottesville,
requiring a doctoral thesis. His time studying classics taught
where his fiancée lives, to wait
out the worst of the disaster. Soon he learned he would
be unable to return to New Orleans for the semester, so
he settled into life in Charlottesville, covering a class for a
professor who needed surgery.
“I was already scheduled to teach a course at UVA in the
spring,” he said, emphasizing how welcoming he found
UVA students. “I just showed up a little early.”
In mid-October Collins finally was able to return to
“I actually got more interested in
law only after I had left school, and
then realized how little time I had to
pursue my newfound interests.”
New Orleans for just a day to gather some of his belongings.
“All I can say is that it was like driving through a war
zone,” he said. “It’s a little better now in some places, but
him helpful scholarly habits and spurred his continuing
New Orleans has a long way to go.”
interest in the development of Roman law. Collins said the
This semester Collins is back at Tulane, but in January
switch to law school seemed to end his path to academia.
he will join the UVA faculty permanently as the Joseph
“If you’d asked me in law school, being a law professor
M. Hartfield Professor of Law. With experience teaching
was probably the last thing on my mind, although I did
at Boston University, George Washington University, Ohio
have a couple of exemplary teachers,” he recalled. “I’m not
State, and the University of Richmond, Collins said he
sure what happened along the way.”
has been struck by how the culture at every law school
After he left law school, Collins practiced commercial
is different and said he finds the culture at UVA very
and employment law in Los Angeles and civil rights law in
attractive.
New Orleans before completing a Bigelow Fellowship at
“The faculty takes scholarship and teaching seriously,
and there are so many here who are outstanding at
the University of Chicago Law School. While practicing, he
found he missed the academic aspect of law.
UVA Lawyer • fall • 2006
[29]
Faculty news and Briefs
“I actually got more interested in law only after I had left
school, and then realized how little time I had to pursue my
newfound interests,” he explained.
Since making the transition to teaching, Collins has
received Tulane Law School’s Distinguished Teaching
Award three times, co-authored casebooks on federal
Oliar Finds
New Angles in
Intellectual Property
jurisdiction and civil procedure, and authored a handbook
Mary Wood
on constitutional tort litigation. He said his main interests
are in jurisdiction and the history of the federal courts, and
he is “particularly interested in the federalism dimension of
pleading regime of the early Republic impacted the manner
I
in which federal jurisdiction could be asserted and how it
Disney and other powerful
federal courts law.”
“Right now I’m writing about the historical relationship
between pleading and jurisdiction—how the common law
n 1998, Mickey Mouse
was only a few years
away from being
owned by the public. But
limited the ways it could be challenged,” he said. “I know
lobbyists accomplished
it sounds like ancient history, but it may have something
what their predecessors had
to tell us about how jurisdictional challenges might be
also succeeded at over the
regulated today.”
past two centuries: getting
Collins said he enjoys teaching new courses, although he
tries not to let students know when that is.
“I can’t tell you what my favorite class is to teach, but I
Congress to extend the
copyright term, this time
20 more years, making
can tell you what my least favorite was: Administrative Law,”
protection last for the life of the author plus 70 years. More
he added. “Not that the subject wasn’t interesting—I just
controversially, the extension applied retroactively. If
found teaching it to be impossible. It is the only class I have
intellectual property rights are granted to induce people to
taught only once.”
create, does it make sense to extend copyrights for works
Come next semester Collins will be teaching Evidence,
already created? Dotan Oliar, who joins the faculty full-time
but until then he will be busy finishing up his last semester
in January, is examining the source of Congress’s power to
at Tulane.
regulate intellectual property, while considering how their
“I seem to be spending most of my spare time saying
goodbye to old friends and enjoying the local cuisine,” he
said. a
policies affect creators and society.
“What’s driving me in thinking about intellectual
property policy is how broad IP protection should be. More
intellectual property rights would certainly benefit current
creators and IP owners, but the question is, what would it do
to future, potential creators?” said Oliar. “No one creates on a
clean slate. You always use, and add to, what’s already out there.
The more we protect current works, the harder we make it for
people who are just trying to break out with the next big idea.
This is something policymakers do not always think about.”
The constitutional clause that empowers Congress to
pass copyright and patent laws begins with a much-debated
phrase: “to promote the progress of science and useful
arts.” Some courts and academics argue the phrase is a
non-binding preamble to Congress’s IP power, while others
[30]
UVA Lawyer • fall • 2006
Faculty news and Briefs
believe it limits Congress’s purview to write laws only that
Soon after, he was working toward an LL.M. degree at
advance arts and sciences. Oliar has examined the historical
Harvard, where he focused on intellectual property, Internet
context in which the Constitution’s framers operated,
law, and law and economics, the latter of which had a
studying the overlooked records of the Constitutional
lasting influence on his methodology. His first published
Convention. The “progress” phrase is not a preamble, Oliar
paper, a behavioral economic analysis of the copyright
charges in an upcoming Georgetown Law Journal article—a
term, and his current research on the liability of file-sharing
conclusion that could affect how challenges to current
networks, use this approach. “I find it especially useful in
copyright law are made and judged in court.
a field like intellectual property, where the major logic is
“I can only hope that my research will help courts resolve
about providing people the right incentives to create.”
this important and open question,” Oliar said.
Oliar, who was an Olin Fellow in law and economics
Whether or not courts take note, Oliar’s research has
at Harvard, also served as a fellow for Harvard’s Berkman
attracted scholars’ attention. His work was accepted for the
Center for Internet and Society at a time when the Center
Stanford/Yale Junior Faculty Forum, an annual conference
was formulating the structure for Creative Commons, a
that features 14 papers by non-tenured faculty, selected by
platform that allows people to share creative works—
nationally renowned senior professors.
songs, novels, movie scripts—through flexible copyright
“Dotan’s paper is the first paper to make a compelling
agreements.
argument that the framers of the Constitution intended
“The Internet is the new frontier for intellectual property
Congress to limit intellectual property in a pretty substantial
law, where so much is open and so much is still undecided,”
way,” said Associate Professor Chris Sprigman. It “provides
he said. Oliar’s LL.M. Thesis, analyzing the fair-use doctrine
a platform for future work for people arguing what those
on the Internet, won one of the school’s graduation essay-
limitations would look like and how they would be enforced.”
writing awards.
Oliar’s interdisciplinary background helps him bring
new perspective to the issue. A native of Rishon Letsion,
Israel, Oliar felt drawn to law from a young age.
“I was fascinated by moral and ethical dilemmas—
Oliar is finishing his S.J.D. at Harvard, which he will
wrap up this year after serving as a research assistant
professor at Virginia for the past year. Oliar praised his
experiences at Virginia, particularly the faculty’s willingness
representing people and doing justice, acquitting the
to read and comment on his work, and the sense of
innocent, convicting the guilty—these types of questions
community in the law school. “It’s a very supportive
really drew me to it.”
After earning his LL.B. in law and B.A. in philosophy at
research environment,” he said. “This is what you dream
about as a junior faculty member—being surrounded by
Tel Aviv University, he clerked for Israeli Supreme Court
top-notch academics who are happy to talk to you about
Justice Jacob Kedmi, a “spectacular” year for him and
your ideas, read your work, and help you grow as a scholar.”
“perhaps the most interesting year in Israeli constitutional
In January he taught Advanced Issues in Intellectual
law.” In one case, the Court mandated the release of
Property at the Law School, which he will teach again this
Lebanese terrorists that were held as bargaining chips
year along with a course on copyright law. “The [teaching]
for the release of captive and missing soldiers. In another,
experience was amazing,” he said. “My students were bright
the Court prohibited Israel’s security services from using
and engaged. We accomplished a lot together.”
physical force, not prescribed by law, while interrogating
“Dotan is a gifted teacher,” said Professor Julia Mahoney,
suspected terrorists. But it was the more ordinary cases,
who headed the non-tenured faculty appointments
mostly criminal appeals, which brought law to life for him.
committee that recommended Oliar’s recruitment. “He’s
“You get to understand law in a way you didn’t when
absolutely terrific.”
it was just writing memos or exam answers,” Oliar said,
“Dotan’s a real team player,” added Sprigman. “He’s
describing the joy and pain he saw in the courtroom when
willing to take time to think about other faculty’s ideas. He’s
decisions were handed down. “You get to understand the
a really constructive reader. It’s great to have people like
power of law.”
that around.” a
UVA Lawyer • fall • 2006
[31]
Faculty news and Briefs
Faculty Briefs
In July in Beijing, China,
U.S. and Europe,” at the Property Regulation in European
Ken Abraham conducted a
Science, Ethics and Law (PropEur) Conference, sponsored
seminar on U.S. accident law for
by the Centre for Global Ethics, University of Birmingham,
the staff of Legislative Drafting
Birmingham, United Kingdom.
Committee of the Peoples
In October, she moderated a panel on recent
Congress of the Peoples Republic
developments in interpretations of the Patent Act’s Written
of China. On September 15th, he
Description Requirement at the American Intellectual
presented “The Uses of Accident
Property Law Association Annual Meeting in Washington,
Law’s Past,” at Columbia Law
D.C., and spoke at a conference on “Patent Policy in
School’s Conference on Tort Law
the Supreme Court and Congress” co-sponsored by the
and the Modern State.
Berkeley Center for Law and Technology, Boalt Hall School
of Law and The High Tech Law Institute, Santa Clara
University School of Law.
Earlier this year, Bagley presented “Straining Out a
In late September,
Gnat While Swallowing a Camel: The USPTO and Patents
Barbara Armacost ’89
on Humans,” Munich Intellectual Property Law Center
participated on a panel and
Colloquium Series, Munich, Germany. She was also a
presented a paper at Boston
panelist on “The Future of Biotechnology Patent Law” at
University Law School’s
the Biotechnology Industry Organization Annual Meeting
conference, Ordinary Powers in
in Chicago. And, in July, she taught a course in International
Extraordinary Times. Armacost
Patent Law & Policy at the Max Planck Institute’s Munich
presented her work, “Abu Ghraib:
Intellectual Property Law Center.
The Role of Culture and the ‘Rule
of Law.’” Armacost recently gave a short address at the
Virginia Law Review luncheon welcoming the new editorial
Michal Barzuza has published
board members and kicking off the year for the Law Review.
“The Market for Corporate Law,”
(with Oren Bar-Gill and Lucian A.
Bebchuk). She also has working
Margo Bagley published
papers on “Delaware’s
“Academic Discourse and
Compensation;” “Cross Listing as
Proprietary Rights: Putting
a Signal of Low Private Benefits of
Patents in Their Proper Place”
Control;” “Signaling a Lemon: The
earlier this year in the Boston
Decision Not to Cross-List and
College Law Review.
In September, Bagley
[32]
UVA Lawyer • fall • 2006
High Private Benefits of Control” (with David C. Smith &
Elio Valladares).
presented “Approaches to Patents
Barzuza delivered several presentations earlier this
on Morally Controversial Biotech
year: at a faculty workshop (“Cross Listing as a Signaling
Subject Matter: Lessons from the
of Low Private Benefits of Control”); an incubator lunch
Faculty news and Briefs
(“Delaware’s Compensation”); at the annual conference
Charlottesville on the legal aspects of requiring addicted
of the European Law and Economics Association (“Cross
offenders to use naltrexone, a long-acting narcotic
Listing as a Signal of Low Private Benefits of Control”)
antagonist that blocks the effects of heroin. Also in
and at the Canadian Law and Economics Association
September, Bonnie presented a paper on “Adolescence and
(“Delaware’s Compensation”).
Criminal Blameworthiness” at a Conference in Washington,
D.C. sponsored by the MacArthur Foundation Network on
Adolescent Development and Juvenile Justice, and spoke on
“Physician Participation in Torture and Interrogation” at
At the request of the Chief Justice
the UVA Medical Center.
Leroy Hassell of the Virginia
Supreme Court, Richard Bonnie
’69 agreed to chair the
Commission on Mental Health
The Virginia Society of Certified
Law Reform. The Commission,
Public Accountants Board of
announced in October, has 25
Directors honored Whitfield
members drawn from all three
Broome in April, issuing a
branches of government and
resolution that expressed gratitude
various constituencies affected by mental health services.
for his dedication to the
The Commission’s charge includes redesigning the state’s
protection of the public interest,
involuntary treatment laws and laying the legal foundation
and his positive influence on
for a modern system of recovery-oriented, consumer-
thousands of students and CPAs
directed mental health services. It is anticipated that the
now in the accounting profession. The resolution noted
Commission will issue its report in the fall of 2007 in
Broome’s 42 years of teaching, his more than 28 years of
advance of the 2008 session of the General Assembly.
membership in the society, his distinguished service as the
During this period, Bonnie published articles on
educator member of the Virginia Board of Accountancy, his
withdrawing artificial nutrition and hydration from
six years of service as the Executive Director and Trustee of
patients in persistent vegetative states (in Neurology) on a
the Institute of Chartered Financial Analysts, and his service
reciprocity-based social contract approach to increasing
as chair of the CPA Examination Review Board and
the rate of organ donation (in the Journal of Law, Medicine
member of the national CPA Board of Examiners, among
and Ethics), on judicially mandated use of naltrexone by
other accomplishments. The resolution quoted
opiate-addicted offenders (in the Journal of Substance Abuse
administrators and students describing Broome as “a master
Treatment) and on the need for policies relating to voting in
teacher … knowledgeable, enthusiastic, approachable,
long-term care facilities (in Alzheimer’s and Dementia).
friendly, humorous, and caring.”
Bonnie and colleagues in the UVA Departments of
Sociology and Politics received a grant from the Alzheimer’s
and Related Diseases Research Foundation to conduct a
survey of voting practices in long-term care facilities. The
Tomiko Brown-Nagin has
survey will be conducted after the 2006 Congressional
published “Missouri v. Jenkins,” in
elections.
Civil Rights Stories (forthcoming,
In June, Bonnie addressed a conference of Virginia
Foundation Press); “Robert L.
Circuit Court Judges in Richmond on issues relating to
Carter,” in Yale Biographical
mental health and mental retardation in capital sentencing.
Dictionary of American Law
In September, Bonnie addressed the Fifth Annual
(forthcoming, Yale University
Virginia Drug Court Association Conference in
Press). She will also be a panelist
UVA Lawyer • fall • 2006
[33]
Faculty News and Briefs
at the American Society of Legal History Annual Meeting in
presenting “The Thirteenth Amendment and a New Deal
November discussing “Black Lawyers in Twentieth Century
for Civil Rights,” at “A New Birth of Freedom: The
American History.”
Thirteenth Amendment—Past, Present and Future,” a
Brown-Nagin authored an amicus brief on behalf of
symposium at the University of Toledo College of Law.
Civil Rights Historians in a pair of cases that the Supreme
Court will hear this term. The cases are Meredith v.
Jefferson County Board of Education and Parents Involved in
A. E. Dick Howard ’61 has been
Community Schools v. Seattle School District No. 1.
reelected by the Governing Body
of Christ Church, Oxford, as an
honorary member of the college’s
Michael Doran is publishing the
High Table and as a member of
article “Legislative Compromise
the Senior Commons Room.
and Tax Transition Policy” in the
Howard has also been elected
spring issue of the University of
as a member of the Washington
Chicago Law Review.
Literary Society. The Society limits
its membership at any one time to 40 members. Founded
in 1874, the Society has included among its members
Alexander Graham Bell, President Theodore Roosevelt,
Joseph Henry (first secretary of the Smithsonian), Supreme
Court historian Charles Warren, and Supreme Court Justice
David Brewer.
Several of Brandon Garrett’s
Howard delivered the James Madison Lecture on
articles are forthcoming:
Virginia and the Constitution at the Capitol Building
“Structural Reform Prosecution,”
in Washington, D.C., at the invitation of Virginia’s
in the Virginia Law Review,
congressional delegation. He was also consulted by, and did
“Aggregation in Criminal Law” in
interviews for a forthcoming four-part PBS series on the
the California Law Review, and
Supreme Court. His interviews focused in particular on
“Criminal Justice Collapse: The
Felix Frankfurter, Hugo L. Black, Sandra Day O’Connor,
Constitution After Hurricane
and William H. Rehnquist.
Katrina” (with Tania Tetlow) in
Howard continues to be administrator of the Governor’s
the Duke Law Journal. Garrett also hosted best selling
Legal Fellows program for Virginia Governor Tim Kaine.
author John Grisham when he addressed the Law School in
He chooses Law School students who spend a day a week
September as part of an ongoing Criminal Law Colloquium.
working with the Counselor to the Governor on a range of
legal matters. Howard was also appointed the Law School’s
Earle K. Shawe Research Professor, while remaining the
Risa Goluboff is chairing a panel
on the early twentieth-century
Supreme Court at the American
Society for Legal History Annual
Meeting in Baltimore in
November; she is also on the
program committee for that
annual meeting. Goluboff is
[34]
UVA Lawyer • fall • 2006
White Burkett Miller Professor of Law and Public Affairs.
Faculty news and Briefs
Deena Hurwitz went on a seven-
2007), Brown v. Board of Education and the Civil Rights
day mission to Kabul in June. She
Movement, which is an abridged and revised version of his
consulted for the Open Society
award-winning book From Jim Crow to Civil Rights (2005
Institute-Europe and Open Society
Bancroft Prize). Klarman is also finishing another book on
Justice Initiative in Afghanistan on
racial equality in American history, which is part of a series
establishing criminal defense
Oxford University Press is publishing on “rights.”
clinics in Herat Law School and
Kabul Law Faculty.
In October, she was a
Klarman also gave numerous presentations and
appeared on a variety of different panels (the “Backlash”
project referred to in several of these presentations is a book
panelist at a conference in New York on “Holding
he is working on describing and analyzing the political
Officials Accountable for Violations of Human Rights and
backlashes set in motion by certain high profile Supreme
Humanitarian Law: Is Universal Jurisdiction an Effective
Court decisions, such as Brown v. Board, Roe v. Wade,
Tool?,” organized by the Center for Constitutional Rights and
Furman v. Georgia, and Miranda v. Arizona).
the International Federation for Human Rights. Her topic
In November, Klarman presented “Backlash” to the
was ‘”The Politics of Atrocity: What’s Law Got To Do With
College of William & Mary Law School’s law and politics
It? Lessons from the Sabra and Shatila Case in Belgium.”
workshop and in October, to the University of Chicago
In September, Hurwitz moderated “Hamdan and the
School of Law faculty workshop. In addition, he was
Rights of Detainees, What’s Next in Court and Congress?”
a panelist in September at the Law School, LAMBDA,
at the Law School, co-sponsored by the UVA Human Rights
LawDems, and ACLU event on state same-sex marriage
Program, The Judge Advocate General’s Legal Center and
amendment.
School, and J.B. Moore Society of International Law.
In the spring, Hurwitz was a panelist on “The
Also in September, Klarman gave a response to a
presentation by Leonard Leo at the Law School’s Federalist
Globalization of Human Rights Defence: A Call
Society event on Supreme Court nominations, and
for Innovation” at the international colloquium on
presented “Backlash” at the University of North Carolina
“Strengthening the Protection of Human Rights Through
School of Law faculty workshop.
Clinical Legal Education” at the Centre for the Study of
In June, he gave a book talk on From Jim Crow to Civil
International Law and Globalisation, at the University of
Rights at the New York Historical Society, and presented
Quebec in Montreal
“Backlash” on a plenary panel at the Policy History
Hurwitz presented “Human Rights and Terrorism”
Conference in Charlottesville.
to the World Affairs Council of Richmond, and at the
In May, he presented a day-long seminar on “Judicial
Charlottesville Senior Center, this spring. Her article
Independence in American History” to the Florida College
“Engaging Law School Students Through Human Rights
of Advanced Judicial Studies in Sanibel, Fla., and “Why
Clinics: A Perspective From the United States,” appeared in
Brown was a Hard Case” to the Boston Social Law Library.
the Australian Journal of Human Rights.
In April, Klarman presented “Powell v. Alabama:
The Supreme Court Confronts ‘Legal Lynchings,’” at a
conference on Criminal Procedure Stories (Carole Steiker,
Michael Klarman taught a two-
Editor), at Harvard Law School, and at an event sponsored
week short course at Yale Law
by American Constitution Society. He also participated on
School in October on Race and
panel on litigation and social reform sponsored by Harvard
the Constitution in American
Civil Rights-Civil Liberties Law Review at Harvard Law
History. Having submitted to
School.
Oxford University Press this
summer a book manuscript
(scheduled to publish summer
UVA Lawyer • fall • 2006
[35]
Faculty News and Briefs
Professor and JAG Lieutenant: Tom Nachbar Joins the Reserves
Last November, Tom Nachbar joined the U.S. Army Reserve as
the student side of things, although it didn’t feel that great when
a First Lieutenant in the Judge Advocate General’s Corps.
my entire training class had to do push-ups because one of our
As a member of the 151st Legal Support Organization, which
is based in Alexandria, Va., Nachbar serves two days every month,
plus two weeks of annual training per year. This summer, Nachbar
attended the month-long Officer Basic Course for new JAG
officers, held at Fort Lee, Va., where he received his basic training.
change the way they think and approach problems, and that
teamwork, which lawyers don’t emphasize, is everything. Overall,
“it’s been a great educational experience, both legally and in other
ways,” says Nachbar. “One day I would study some of the fascinating
forward with combat troops and need to have the same basic
legal issues the Army faces, on another I learned just how flat I
skills as all soldiers. “The JAG Corps’ motto is: ‘Soldiers First, Lawyers
could get to the ground while crawling toward an enemy position.
Always,’” he says.
It’s a very different experience being in a job that has such a major
people and the quality of the lawyering in the Army. He says that it
physical component.”
Nachbar could be activated and deployed, either to an Army
is a group that self-selects for the desire to perform national service,
facility in the states or abroad. In fact, this fall the Army activated
which makes serving with them particularly edifying. At the same
twenty members in his unit, sending some to Texas and others to
time, his membership in the reserves has added new dimensions
Iraq. Nachbar doesn’t think it likely he will be activated any time in
to his work at the Law School and his role as a member of the Law
the near future, but he is ready if the call comes.
School community. “I’ve received nothing but the full support and
encouragement of my colleagues here,” he explains.
Nachbar had to start from the beginning in his military legal
[36]
He says the Army demands new officers fundamentally
According to Nachbar, Army lawyers are frequently deployed
Nachbar has been impressed with both the quality of the
members had shown up late.”
“People constantly ask me why I joined and I don’t have any
answer better than that I love my country and I wanted to find a
way to serve at a time when so many others are being called upon
education. “I’m just another know-nothing lieutenant. It’s been
to make such great sacrifices. I’m doing nothing compared to those
a good experience as a professor to spend a little time back on
who have had to leave their families for year-plus deployments.” a
UVA Lawyer • fall • 2006
Faculty news and Briefs
This fall, Elizabeth Magill ’95
In June, Daniel Nagin argued a
presented a paper “Understanding
habeas corpus petition in the
the New Administrative Law” at
Circuit Court for the State of
Saint Louis University. The paper
Missouri on behalf of a 76-year-
is related to a book she is writing
old woman. The client, the oldest
about the health, safety,
female inmate in the State prison
environmental, and consumers’
system, had served nearly three
rights regulatory revolution of the
decades in confinement for her
1960s and 1970s. She presented
involvement in the death of her
the same paper to the History Department and in the Law
abusive husband. The case challenged the Board of
and Public Affairs Workshop at Princeton University and at
Probation and Parole’s decision to deny her parole.
Virginia in the spring.
Nagin is also organizing and moderating a panel
This summer at the University of Pennsylvania Law
discussion to be held at the Law School this semester about
School Magill also presented another paper, “Agency Self-
government regulation of the payday lending industry in
Regulation,” which is about actions agencies take to limit
Virginia.
their discretion when no source of law requires them to do
so. In July, Magill also gave testimony to Congress on the
need for more empirical work about the activities of federal
agencies. In November, she will participate in a conference
Caleb Nelson is visiting at
at Duke Law School on delegation and international
Harvard Law School this semester.
institutions.
Earlier this year he presented an
early version of his paper
“Adjudication in the Political
Branches” at Northwestern’s
Greg Mitchell published
Constitutional Theory
“Government Regulation of
Colloquium. In October, he
Irrationality: Moral and Cognitive
presented the current version of
Hazards” (with Jonathan Klick) in
the paper at a faculty workshop at Harvard. The paper will
the June 2006 Minnesota Law
appear in the April 2007 issue of the Columbia Law Review.
Review, and he has articles
forthcoming in the Journal of
Empirical Legal Studies (“An
In September, Robert O’Neil was
Empirical Inquiry into the
Relation of Corrective Justice to Distributive Justice,” with
invited to make a presentation to
Philip Tetlock) and the Ohio State Law Journal
the Eminent Jurists Panel of the
(“Antidiscrimination Law and the Perils of Mindreading,”
International Commission of
with Philip Tetlock). In May, Mitchell participated in the
Jurists during their Washington
third conference of the Max Planck International Research
stop on an around-the-world tour
Network on Aging, organized by Richard Bonnie.
gathering information about the
impact of anti-terror measures on
civil rights and civil liberties.
The board of syndics of the Harvard University Press
approved for publication O’Neil’s book tentatively entitled The
Future of Academic Freedom, due to be released in fall 2007.
In August, O’Neil met with the Board of Trustees
UVA Lawyer • fall • 2006
[37]
Faculty News and Briefs
of the Association of Governing Boards of Universities
E. Smith), Bayard Rustin, Edward Carson, and others.
and Colleges, the primary trustee-regent organization,
This book is based on revised versions of some previously
and presented to them a proposed Statement on Trustee
published essays, as well as some new ones.
Accountability which he drafted, and which should be
O’Connell is also working on a book co-authored
approved by AGB in November. Also in August, O’Neil
with Christopher Robinette ’96, urging a fundamental
chaired a meeting in New Orleans of the American
reexamination of the operation of personal injury law. He
Association of University Professors’ Special Committee on
has also recently published two pieces co-authored with
the Effects of Hurricane Katrina, and met with a number of
John Linehan ’06: A chapter, “The Rise and Fall (and Rise
Louisiana higher education officials about public colleges
Again?) of Accident Law,” in Law and Class in America, New
and universities’ response to the
York University Press; and “Neo-No-Fault Early Offers:
devastation of a year earlier.
A Workable Compromise Between First and Third-Party
In September, the Stanford University Press published
Insurance” in the Gonzaga Law Review.
Academic Freedom at the Dawn of a New Century,
containing O’Neil’s chapter “Academic Freedom in the PostSeptember 11 Era; An Old Game With New Rules,” and the
September-October issue of Change magazine contained his
Dotan Oliar presented a working
article, “Limits of Freedom: The Ward Churchill Case.”
paper on “Copyright Law and
Technological Innovation” at the
annual conference of the European
Association of Law and Economics
An article by Jeffrey O’Connell
in Madrid, Spain in September. He
(with Kip Viscusi and Joni Hersch
also presented a working paper
of Vanderbilt), reporting on a
examining alternatives to
closed claim study reflecting the
Congress’s copyright power in a
cost effects of an “early offers”
symposium on “Constitutional Challenges to Copyright” at
proposal by O’Connell for reform
Columbia Law School in October.
of medical malpractice claims, will
be published by the University of
Chicago Law School’s Journal of
Legal Studies in 2006 or early 2007. He has also completed
Dan Ortiz blogged on
his own essay on the same project for a medical journal.
SCOTUSBlog on the Supreme
O’Connell is working on a book co-authored with
Court’s gerrymandering
Thomas E. O’Connell entitled Friendships in Law &
cases. He also published a short
Literature Across Ages: Johnson & Boswell; Holmes & Laski to
piece on recent changes in the
be published by Lexington Books in 2007.
Supreme Court’s view of the
He is also working on a book of essays, also co-authored
with Thomas E. O’Connell, for the Carolina Academic
Impressions series of University of
Press, entitled Lawyers, Leaders & Litigants: A Medley
Michigan Law Review. Ortiz also
of Biographical Essays, covering such figures as Robert
finished a piece called “Nice Legal Theory,” started work on
Hutchins, Benjamin Cohen, Thomas Corcoran, Joseph
a piece tentatively entitled “Double-Edged Diversity” which
Tumulty (Chief of Staff to Woodrow Wilson), Daniel
discusses how the Supreme Court’s turn towards
Patrick Moynihan, Michael Harrington (leader of the
disaggregating social groups may affect law, and started up
mid-century U.S. Socialist party), William Beveridge, Keith
(with Mark Stancil) the Law School’s new Supreme Court
Joseph (key aide to Margaret Thatcher), Averell Harriman,
Litigation Clinic.
Adlai Stevenson, Belle Moskowitz (key aide to Gov. Alfred
[38]
Voting Rights Act in the First
UVA Lawyer • fall • 2006
Faculty news and Briefs
In October, Mimi Riley
considers, and rejects, alternative explanations of the
participated in a workshop/
endurance of the low-IP status quo. Finally, it considers
symposium at the National Press
extensions of its arguments to other fields. By examining
Club sponsored by Michigan State
copyright’s negative space—those creative endeavors that
University and the Pew Initiative
copyright does not address—the paper argues that we can
on Food and Biotechnology
better understand the relationship between copyright and
entitled, “Avenues for Discussion
innovation.
of Animal Biotechnology and
Ethics.” Riley spoke on the ethical,
moral, and policy issues concerning genetically engineered
In March, Richard Schragger
and cloned animals for food and pharmaceutical use.
In November, Riley spoke on a public health research
attended a Yale Law Journal
ethics panel, with University of Virginia associate professor
symposium on executive power,
Ruth Gaare Bernheim ’80 at the American Public Health
“The Most Dangerous Branch?
Association Annual Meeting in Boston.
Mayors, Governors, Presidents and
the Rule of Law: A Symposium on
Executive Power,” and presented
an article entitled “Can Strong
Mildred Robinson’s essay, “State
Mayors Empower Weak Cities? On
and Local Governments Are
the Power of Local Executives in a Federal System,” which is
Depending More on Regressive
appearing in the October Yale Law Journal.
Revenue Sources,” is to be
published in an upcoming State
Tax Notes.
In September, Paul Stephan ’77,
discussed his recently published
book (with Bob Scott), The Limits
of Leviathan: Contract Theory and
Christopher Sprigman has
International Law Enforcement at a
collaborated with UCLA law
talk in September at Duke Law
professor Kal Raustiala on a
School and in October at Temple.
working paper, “The Piracy
Stephan has also begun working
Paradox: Innovation and
as Counselor on International Law
Intellectual Property in Fashion
to the Legal Advisor, U.S. Department of State. The part-
Design,” which will be published
time appointment becomes full time in January.
in the Virginia Law Review and
has already received coverage in
ABC News and the Wall Street Journal. The paper describes
the fashion industry and its dynamics and illustrates the
In March, Rip Verkerke presented
prevalence of copying in the industry. It also advances an
a paper on “Legal Ignorance and
explanation for the piracy paradox that rests on two
Information-Forcing Rules” at a
features: induced obsolescence and anchoring. Both
workshop sponsored by the
phenomena reflect the status-conferring power of fashion,
Centre for Employment and
and both suggest that copying, rather than impeding
Labour Relations Law at
innovation and investment, promotes them. The paper also
Melbourne Law School.
UVA Lawyer • fall • 2006
[39]
Faculty News and Briefs
Also in March, he taught an intensive course called “New
George Yin delivered the keynote
Directions in Law and Economics” at the Melbourne Law
address, “The Evolving Legislative
School. The course introduced students to recent scholarship
Process and What It May Portend
in the field of behavioral economic analysis of law.
for Budget Control and Tax
In June, Verkerke participated in a conference on the
Reform,” to the plenary session of
economics of wrongful dismissal law at the Utrecht School
the ABA Tax Section mid-year
of Economics in The Netherlands. At that conference, he
meeting in San Diego. Yin also
presented “Unjust Dismissal Law: Where Have We Been and
addressed the executive council of
Where Are We Going?” The paper assesses existing efforts to
model wrongful discharge law and estimate its quantitative
effects on employment outcomes and offers suggestions for
future research in this area.
Also in June, he taught a short course on “U.S. Company
the Tax Section on President
Bush’s Tax Advisory Panel report on tax reform.
Yin delivered the 25th Annual Dunwody Lecture, “Is the
Tax System Beyond Reform?” at the University of Florida
College of Law in Gainesville. His paper will be published
Law” to students in the foreign language law program at the
by the Florida Law Review. He also delivered the keynote
University of Muenster. While in Germany, Verkerke managed
address, “Prospects for Budget Control and Tax Reform,”
to watch several World Cup matches on outdoor screens set
at the 25th Annual Federal Tax Institute sponsored by the
up around the city, and shared in the local celebration of
Chicago-Kent College of Law in Chicago.
German victories in the early rounds of the tournament.
Yin participated as a commentator in a conference, “Is It
Time for Fundamental Tax Reform: The Known, Unknown,
and Unknowable,” sponsored by the James A. Baker III
Institute for Public Policy at Rice University in Houston,
Two books written by Ted White
Texas. He also spoke on “International Tax Reform in the
have been published this fall. The
United States” at the 29th Annual Tax Congress of the
first book, History and the
European-American Tax Institute held in Cascais, Portugal.
Constitution: Collected Essays
This fall, Yin delivered keynote address at the 58th
(Carolina Academic Press),
Annual Virginia Tax Conference held in Charlottesville, and
contains essays White published in
delivered the keynote address, “Enacting ‘Tax Reform’ in
law journals between 1999 and
the Face of Fiscal Calamity,” at the Dana Latham Memorial
2006, along with one essay written
Award Program of the Los Angeles County Bar Association
for the collection. The book
Tax Section in Los Angeles.
addresses the recent revival of history and historically
Yin will participate in a tax program sponsored by the
oriented methodologies in the Supreme Court’s
National Tax Association, Washington, D.C. The program
constitutional decisions.
will compare and contrast the role of lawyers, economists,
The second book is the third edition of The American
accountants, tax administrators, business persons, and
Judicial Tradition: Profiles of Leading American Judges
journalists in the tax system and the formation of tax policy.
(Oxford University Press). The first two editions of the
He will also present the paper, “Is the Tax System Beyond
book appeared in 1976 and 1988. This edition represents a
Reform,” at workshops and seminars at Harvard, Berkeley,
revision of the first two editions, including a new preface
and Washington & Lee Law Schools; and will deliver the
and a chapter on the Rehnquist Court.
keynote address at the 46th Annual Southwestern Ohio Tax
Institute in Cincinnati. a
[40]
UVA Lawyer • fall • 2006
A View from a Prospective Law Student
Alison Taylor (A&S ’07)
With some traveling from as far away as Chicago, a
dialogues, students can express concerns and work with the
small group of prospective students came together September 29
faculty and administration to reach compromise. Recalling one of
to engage in informal discussion with the Director of Admissions,
her own experiences, Lang explained how professors responded to
Jason Wu Trujillo ’01, undertake a student-lead tour, and sit in on
students concerned about the overlap of on-grounds interviewing
a typical 1L class. While all three parts of the information session
and classes. To accommodate these students and relieve them of
confirm the strong academics and reputation of UVA Law, the tour
added stress, professors agreed to move on-grounds interviews to
led by 3L student, Shannon Lang, showed what really makes the
the week prior to the start of classes so students would not have
Law School stand out among the rest—the relationship between
to juggle the two simultaneously. This mutual respect between
faculty and students.
faculty and students at UVA Law helps both work together and
The transition into law school is often a difficult one, no matter
learn from one another. Professors come to Charlottesville to
the school. UVA recognizes this and, unlike other schools, reaches
focus on scholarship and teaching, and the students readily take
out to first year students by holding one of their core classes in a
advantage of both.
much smaller setting. The smaller class size helps students bond
What makes UVA unique among other law schools also helped
amongst themselves and with their professor, who often becomes
Lang stand out among other job applicants, which ultimately
an advisor figure who maintains a close relationship to the student
benefited her in the job search. Participating in programs like
throughout his or her three years. Lang still keeps in close contact
“Take Your Professor to Lunch,” Lang connected with her professors
with her small section professor and fondly told of the time when
both inside and outside of the classroom. After accepting an offer
he surprised her by accepting her invitation to a football tailgate
for her second year summer internship, the interviewer told her
and spending the afternoon out with his students. UVA Law
that everyone was blown away by her faculty recommendations
advocates these close faculty/student relationships, which start as
and how her professors knew her on a level beyond academia.
a 1L and strengthen continually over the following years.
Certainly, students must take the initiative to reach out to faculty,
In order to maintain the community unique to UVA, professors
take their student’s opinions seriously, and work to implement
but for those who do, their three years of law school will truly be a
unique experience. a
changes that prove beneficial for them. Using surveys and open
UVA Lawyer • fall • 2006
[41]
Faculty news and Briefs
Scholar’s Corner
M
ost legal scholarship today takes place outside the
public view—in faculty workshops, in academic
journals, and sometimes in amicus briefs on
“Beyond Powers and
Branches in Separation of
Powers Law”
issues of national importance. But as the law has become
150 U. Penn. L. Rev. 603 (2001)
more central to our personal and national lives, it seems
Elizabeth Magill ’95
more necessary than ever to connect the academy to the larger
The separation of powers provisions of the Constitution
world. The best work being done at Virginia and at other top
schools attempts to make sense of discrepancies that arise (or
are understood as a way of controlling the exercise of state
persist) in the law and examine them in a way that invites
power by fragmenting it among three different institutions
understanding or, better still, change. In this way, the practice
and guaranteeing that fragmentation. Conventional
of law and the production of legal scholarship are very much
separation of powers analysis relies on two mechanisms
alike. They both require a broad view of the problem, but also
to achieve and maintain the dispersal of state power:
a ceaseless curiosity in teasing out every material issue.
separating legislative, executive, and judicial power in
An excellent example of this approach is the series of pieces
three different branches and preserving a balance among
done by Elizabeth Magill ’95, Joseph Weintraub-Bank of
those branches. These ideas are not just the stuff of high
America Distinguished Professor and a respected observer of
school civics class; legal doctrine governing separation of
the grant and reach of executive power. Below is an excerpt
powers questions is built around them …. There is vigorous
from a foundational article on the subject she published in
disagreement about the proper characterization of each
2001. We think it is a fine introduction to Scholar’s Corner,
of these examples, but there is little controversy about the
an occasional feature we debut here to show you more of the
proper framework within which that debate should proceed.
daily work and intellectual life of Law School faculty.
There should be. The embarrassing secret is that
both commitments at the center of separation of powers
doctrine are misconceived. The effort to identify and
separate governmental powers fails because, in the
contested cases, there is no principled way to distinguish
between the relevant powers. The available strategies for
identifying those differences—and, given the centrality
of the question, there are surprisingly few—either rest
on formalistic rules that have no content and fail for that
reason, or consist of vague normative judgments that
cannot work in concrete cases. … [Realistically], we have
no way to identify the differences between the powers in
contested cases, and we are not likely to have one soon.
The effort to maintain balance among the branches
fares no better. An obvious difficulty is that the claims
made in the name of inter-branch balance—for instance,
that a development has upset the balance of power between
UVA Lawyer • fall • 2006
[43]
Scholar’s Corner
Abandoning these ideas, as we
must, will make room for new
ways of thinking about separation
of powers law.
little moment. Those approaches seek to disperse the three
powers in three balanced branches, in part, so that no single
institution controls too much state power. That effort fails.
But in the course of noticing that there is no such thing as
three essential powers exercised by three undifferentiated
branches, we will also notice that government authority is
fragmented, widely so, albeit not according to the threepowers-in-three-branches formula. Instead, government
authority is diffused among a large and diverse set of
the branches—are made without conveying why we should
government decisionmakers who have a hand in the
care about that balance. Such claims rest on assumed
exercise of state power. The extent of that diffusion of state
salient differences between the branches of government;
power is more than sufficient to put to rest any concerns
the distribution of authority among the branches matters
about dangerous concentrations of government authority.
because those institutions will not decide questions in the
And the character of that fragmentation is such that state
same way. That intuition about inter-branch difference
power is likely to remain widely dispersed. Because the
is taken as truth, but it is weakly supported and open
decisionmakers who share in the exercise of government
to question. … Indeed, it is a hopeless enterprise to talk
authority have varied incentives—owing to their diverse
about balance among the branches of government. We
constituencies, institutional locations, and ways of doing
have not come close to articulating a vision of what an
business—there is little chance that they would collude to
ideal balance would look like. Even if we had tackled
concentrate government power in a few hands. If diffusion
that normative question, we have no way to measure the
of state authority is what we are after—and that is what
distribution of power among the branches at any point in
conventional approaches in part are seeking—we have it.
time and no method to predict the effect of an institutional
arrangement. In short, we do not know what balance
government authority also offers a second lesson for
means, how to measure it, or how to predict when it might
separation of powers law. That law aspires to something
be jeopardized. All these deficiencies are partly explained
more than general diffusion of state power; it seeks to
by the final and most fundamental difficulty with this idea.
match the exercise of particular powers—legislative,
Inquiring about inter-branch balance is incoherent because
executive, judicial—with corresponding institutions that are
it assumes that branches of government are unitary entities
best suited to exercise those powers. The criticisms offered
with cohesive interests, but that is not true. The institutions
here suggest that current efforts go about this ambitious
of the national government are made up of individuals and
undertaking in exactly the wrong way. Conventional
sub-institutions with varying incentives that do not neatly
thinking about separation of powers operates as if it is
track the institution within which they are located.
meaningful to talk of powers and branches. But our system
This Article argues that the two central commitments of
contemporary separation of powers law are a failure. Fine-
[44]
does not operate at those levels; government authority
cannot be parceled neatly into three categories, and
tuning these ideas will not redeem them. Abandoning these
government actors cannot be understood solely as members
ideas, as we must, will make room for new ways of thinking
of a branch of government. An effort to match particular
about separation of powers law.
state powers with particular government decisionmakers
Reconstructing separation of powers law will be no
Understanding the character of the distribution of
must start with an understanding of how those
easy task. Taking seriously the failings of current law offers
decisionmakers might exercise that authority. That requires
at least two important lessons for its reconceptualization.
a fine-grained appreciation of the forces that push and pull
The most significant lesson is that if one is interested in
government actors in one direction or another. A doctrine
fragmenting state power and assuring that it remains
built around such understandings will offer no easy answers,
fragmented, the failure of the conventional approaches is of
but it will at least ask the right questions. a
UVA Lawyer • fall • 2006
Abraham, BeVier, and Mahoney All Past Recipients
of University Teaching Awards
New Harrison
Professors are
Leaders in the Academy
and in the Classroom
Cullen Couch
V
irginia has long been known for its scholarship and for
its teaching. That was surely so when David A. Harrison III ’41 was
a student. His experience in the classroom so impressed him that he
made a generous gift at his death specifically to fund professorships
and “otherwise to provide faculty support.” His gift—now more than
$49.2 million—is believed to be the largest single endowment for faculty chairs in the
legal academy.
“The Harrison Professorships signal to the world our commitment not only to
remain in the very first rank of American legal education,” says Dean John C. Jeffries, Jr.,
“but to challenge the nation’s leading private universities for the nation’s foremost
leading law professors.”
Harrison chairs are reserved for senior teachers and scholars of national distinction
who also embody the ideals of the Law School. The most recent appointments are
among Virginia’s finest. Kenneth Abraham is widely regarded as the nation’s foremost
expert in insurance law. Lillian BeVier has won praise for a lifetime of thoughtful
First Amendment analysis and for important contributions to modern intellectual
property law. Paul Mahoney is regarded as the best scholar working today on securities
regulation. “All stand at the pinnacle of their fields, with long records of accomplishment
and distinction and many years of service at the School of Law,” says Dean Jeffries.
Harrison Professors
Each has also been recognized by the University of
Twenty-three years later, Abraham has made his mark at
Virginia for teaching excellence. In 1998, Mahoney won the
the Law School and in the legal academy, both as a scholar
All-University’s Outstanding Teaching Award—the same
and a teacher. His casebook, Insurance Law and Regulation,
award conferred on Abraham in 2000. And this year, BeVier
now in its fourth edition, has been used as the principal text
received the University of Virginia Alumni Association
in courses on insurance law in more than 100 American law
Distinguished Professor Award. In different but compelling
schools. His torts treatise, The Forms and Functions of Tort
ways, they all contribute to the Virginia teaching tradition
Law (2d ed. 2002), has become a basic text for first-year law
and extend its legacy. Here, we present more fully their
students across the country. And since 1996 he has been a
interests and careers, particularly how they balance and
member of the Council of the American Law Institute, the
combine their teaching and scholarship.
governing board of the nation’s leading organization of
lawyers, judges, and law professors.
“Scholarship drives my teaching,” he says. “I bring to
the classroom a great deal of knowledge,
and I try to impart some of it in a clear and
organized way.”
Abraham’s principal goal in the
classroom is to make theory practical. He
understands that at its simplest level, law
is just a set of rules. It is the theory behind
those rules that brings them alive and helps
the lawyer apply them effectively to new
situations. Otherwise, says Abraham, legal
rules are only sets of commands divorced
from the principles and purposes that the
rules serve. “I have always thought that
law teaching and legal scholarship must be
theoretical or they will be nothing more
than reporting and description,” he says.
Kenneth Abraham
Abraham attributes his success in the classroom to three
ingredients: enthusiasm, clarity, and discomfort.
Before Kenneth Abraham became a law professor,
he practiced law in New Jersey for several years. When he
teaching a subject. I love the subjects I teach, and I love
began “looking for a change,” he had doubts he would
being in the classroom.” And over time, Abraham has
be able to compete in a profession that prized above all
increasingly come to appreciate the value of organization
intellectual achievement. “I never thought of myself that
and clarity in the classroom. “I once thought that substance
way. I knew that law teaching was hard to get into, but
and depth mattered above all else, and in the end they do.
I asked around and some friends told me about a one-
But substance and depth cannot be adequately conveyed
semester opening at Case Western Reserve.” Abraham took
without organization and clarity.”
that job and then moved to the University of Maryland for
[46]
“I cannot tell anyone where to get enthusiasm for
He is also quite willing to make students uncomfortable
the next nine years. “I knew that I was not ready for the big
in the process of deconstructing many of the
leagues, certainly not the University of Virginia. I learned
“unexamined ideas” they bring with them to law school.
and worked at getting better at scholarship and teaching,
Abraham encourages them to test these ideas against
was offered a visiting role at the Law School for one year,
counterarguments. “They think I’m tough, but all I’m
and then came full time.”
doing is engaging in the same conversation that all lawyers
UVA Lawyer • fall • 2006
Abraham, BeVier, and Mahoney
do. This is not always comfortable for students, but it is a
young boys. I think I may have seemed sort of exotic to
terrific way to learn. We take a position, we argue it, and
people in Charlottesville at the time, but everyone was very
the other side does the same. Many of my former students
welcoming. My faculty colleagues encouraged me, and their
return and tell me that my classes don’t seem as tough as
wives—there were no husbands of faculty members back
they were when they were here. Well, that’s because they’re
then—invited me to their homes. They played tennis with
lawyers now and very used to this type of conversation.
me. They were friendly, and they made me feel I might
That’s all I’m doing in class, conversing with my students as
make a home here.”
a lawyer. They need to get used to that.”
And the students do, year in and year out, and they
It was not all smooth sailing at first. BeVier was the
first woman professor to receive tenure at the Law School,
appreciate Abraham for it. In turn, he looks back on
and the only woman on the faculty for her first nine years
his years at the Law School with great fondness. “If
at Virginia. But in the years since she arrived, BeVier has
somebody told me 35 years ago that some day I would be a
worked to perfect her scholarship and her teaching, refining
distinguished professor at the University of Virginia School
both to such a degree that she has become a noted First
of Law, I never would have believed them. This has been
Amendment scholar and one of the Law School’s favorite
a dream for me.” And his Harrison appointment “means
professors. As a scholar, she is a bold theorist. But as a
that my law school and my colleagues have recognized that
my career here as a scholar and teacher has brought some
distinction, and that is very gratifying. It’s a great honor.
Lillian BeVier
For Lillian B e Vier, the Harrison appointment is
the capstone to a rich career at the Law School. “I can
remember when I got here and to think that this is what I’m
ending on is really quite wonderful. I’m very touched, very
honored, very astonished. I just love this place and it’s hard
to even imagine how good it’s been to me.”
BeVier did not always aspire to be part of the legal
academy. After she received her law degree from Stanford,
a former professor whom she consulted for career advice
suggested she try teaching. Her first teaching job was with
the University of Santa Clara, and she earned tenure rather
quickly—even before she had produced any scholarship.
“I wanted to be at a school that would push me a little
teacher, she still experiences anxiety that in her next class
harder. I received a number of calls the year I was invited to
she won’t get it right. It drives her to prepare assiduously for
come as a visitor to Virginia. I accepted the Virginia visiting
each class, even for subjects she has taught for many years.
offer, piled my two boys in the car, and off we went on our
“I think to myself, ‘I’ve taught this before. Why is my
adventure.” As a single mom with two children, it was a long
stomach in knots?’ But I take teaching very seriously and
way to travel, but the Law School community welcomed
prepare like mad for all my classes. All the issues I teach
her. “Here I was a single woman from California—there
really matter to me, and how each class goes also matters. I
weren’t other women on the faculty—with these two
have a hard time lightening up about it.”
UVA Lawyer • fall • 2006
[47]
Harrison Professors
Her preparation covers both technique and substance.
Paul Mahoney
In terms of technique, she’s learned a few tricks of the
trade. If she writes on the board, she writes legibly; if
Paul Mahoney believed that someday he might
she announces an outline, she follows it. She talks at a
become an academic, but he thought it would be important
reasonable pace, is prompt about starting and ending class,
to his credibility as a teacher to have some practice
and makes sure the class is clear about her expectations.
experience. Trained as an electrical engineer at M.I.T., his
More substantively, she knows her agenda and how to make
mathematical mind drew him to the intricacies of securities
her goals for the course as coherent as possible. She knows
law and financial regulation. After graduating from Yale
to have reasons for starting where she starts and ending
in 1984, he joined Sullivan & Cromwell and practiced
where she ends, and for taking a particular route from start
corporate law there for four years.
to finish. She signals clearly to her students that she takes
the teaching enterprise seriously. And she tries to let her
students know that she understands their uncertainties
and wants to help dispel minor ones so that they can
concentrate on the ones that matter. But these techniques
don’t go to the heart of what her teaching is about.
BeVier says “the real work of teaching entails the
effort to get students genuinely to engage with the subject
matter and then to sustain that engagement well past the
final exam. I want to provide them with a foundation of
knowledge and help them to acquire tools they can build
upon in the years to come.” This goal poses two principal
challenges to her. “First, I try simultaneously to achieve
mutually inconsistent objectives: make the subject matter
transparent; at the same time preserve its mystery and
leave many of its puzzles tantalizingly unsolved. Make the
students feel comfortable and secure; but sustain a level of
tension necessary to prod genuine mental effort.”
BeVier’s second challenge arises from the simple fact
Eventually, his natural curiosity pulled him into
academia. “I wanted to understand more about how the
legal system worked, what were the effects of securities
of the students’ youth and relative inexperience. “They
regulations, how the transactions function, whether law
can’t truly understand what they’re being taught until they
helped or hurt. You can’t do that on the client’s dime.”
have more experience of life. Only that experience will
Mahoney joined the Law School faculty in 1990. Aside from
give full meaning to what they’ve studied. So I try now to
several visiting professorships and a leave to head Sullivan
offer them ideas that will resonate, that will remain triggers
& Cromwell’s practice in Moscow, he has been at the Law
to thought in the years to come.” She recalls a two-word
School ever since.
sentence that a law school teacher of her own said when
Mahoney brings to his teaching the rigorous precision
she was studying constitutional law. ‘Institutions matter,’
and analysis he learned as an engineer. In fact, he sees
he said. Just that. Institutions matter. My thinking has ever
many similarities between law and mathematics. “I
since been stimulated and enriched by that surprisingly
think they’re both analytical exercises and in important
profound truth. I can only hope that I offer my students
respects deductive,” he says. “Lawyers do much of what
an occasional insight as memorable, as transparent, and
mathematicians do. They abstract some of the complications
as irresistible an invitation to continue to seek deeper
away from real life, develop a set of basic principles, and
understanding as was that.” are very good at using words to describe their analysis.
Mathematicians do the same thing using symbols.”
[48]
UVA Lawyer • fall • 2006
Abraham, BeVier, and Mahoney
Teaching Awards— Law Professors
In the classroom, Mahoney expects his students to be
precise in their ability to make an argument that follows a
Alumni Association Distinguished Professor Award
1976
Daniel J. Meador
1977
Robert Harris
1981
A. E. Dick Howard
1983
Stanley D. Henderson
1987
Graham Lilly
1995
John Calvin Jeffries, Jr.
2006
Lillian R. BeVier
logical progression from one step to the next. To help them
do that, he brings math into the class to show them just how
easy it is to express certain ideas mathematically. “Frankly,
throwing a little symbolic logic at the problem helps them
understand these ideas. Math shows them that they can
analyze a problem by expressing different features of the
problem as mathematical variables and then manipulating
Alumni Board of Trustees Teaching Award Winners
1976
J. Harvie Wilkinson, III
1984
Saul X. Levmore
those variables.”
Mahoney says that he often learns something new in
the classroom. Either a student asks a question that makes
All-University Teaching Award Winners
1995–96 Pamela S. Karlan
1996–97 Michael J. Klarman
1997–98 Paul G. Mahoney
1998–99 Anne M. Coughlin
1990–00 Kenneth S. Abraham
2002–03 Barry Cushman
2004–05 John C. Harrison
him think about the problem in a new way, “or, and this
is terrifying but nevertheless exciting, I’m in the middle
of saying something and I suddenly think, ‘Well, that’s
not quite right. You could make the following counterargument.’” Comparing teaching law to doing stand-up
comedy, Mahoney starts with “an idea of how you want
SCHEV Outstanding Faculty Awards
1997
Pamela S. Karlan
1998
Michael Klarman
the hour to go, but there’s always the possibility that things
will go a little bit differently. You have to be able to think on
your feet, so it’s a fun and exciting experience.”
According to Mahoney, legal education does two
different things. First, 1Ls learn a set of analytical tools that
they will use to attack problems throughout their career, the
so-called “thinking-like-a-lawyer” part of the training or, as
can’t help but be influenced by it. It is often easy to stay at
Mahoney calls it, the “tool kit.” Second, 2Ls and 3Ls learn
a particular equilibrium, but very hard to get there. Quality
content that serves as a knowledge base they take to their
teaching is an example. If you don’t have it, it’s hard to get
professions and develop over time.
simply because of natural self-interest. From the perspective
But Mahoney thinks that building the “tool kit”
of any single professor, it is clearly in your long-term career
shouldn’t end after the first year. Students should continue
interest to shirk in the classroom because almost none of
to learn analytical skills that are not the traditional
your external reputation in the broader world will be based
thinking-like-a-lawyer skills, but nevertheless will be there
on your teaching. But when a law school has developed a
for them throughout their careers. “I try to show students
culture in which teaching really matters and people expect
that they can analyze various legal problems using data, and
you to do well at it, then it’s much easier to sustain that.”
though it might not be useful their very first day as a first-
His appointment as a Harrison professor “is the highest
year associate, somewhere down the road it will be. I want
honor one can get. It means your own colleagues—at least
to show them enough different ways of looking at problems
those who advise the Dean on chair appointments—have
so that when they encounter something new, they can reach
a lot of respect for your research and teaching and other
into the tool kit for an insight or another technique that
contributions you make to the school. An honor that
might help them understand the problem a little bit better.”
comes from the people who know you best is especially
And why the rich teaching culture at Virginia? It’s
meaningful.” a
simple, says Mahoney. “People here really care about
teaching. It is so ingrained in the culture that anyone who
arrives here, whether they’re an entry level or a lateral hire,
UVA Lawyer • fall • 2006
[49]
Top: Law class of 1868. Law classes took
place in the Rotunda and its annex between
1853 and 1895—when fire destroyed the
spaces. A law professor and some students
saved the law library books by tossing them
out the window. Left: a page from the Law
Department’s 1851 Catalog Above: The
university’s first law professor, John Tayloe
Lomax, who found it necessary to restructure
law classes so students could attend just one
session before entering practice.
Facing page at top: The class of 1884, with
professors Stephen O. Southall (center left)
and John B. Minor (center right). Minor, a
member of the law class of 1834, taught at
the University for 50 years. 2nd row, left: J.A.G.
Davis published the first comprehensive
treatment on Virginia criminal law. Middle:
The first dean, William M. Lile, wrote “the
student is taught that books are the
working tools of the lawyer. …” Right: F.D.G.
Ribble was the youngest man ever to
teach at UVA Law. Arriving at the school
in 1921, Ribble was lauded by Emerson
Spies as a master of the Socratic method.
[50]
UVA Lawyer • fall • 2006
Virginia Teaching: the Early Years
Alison White
T
he following pages provide a brief pictorial retrospective of teaching at the Law School from its
beginning. All of the photographs and facts are derived from the archives of the special collections
department at the Law School’s Arthur J. Morris Law Library. The library contains thousands of
photographs, notebooks, casebooks, and other ephemera given by alumni and professors since John Tayloe
Lomax taught the first law class in 1826. We have posted more photos of faculty and Law School ephemera
from those early days at www.law.virginia.edu/uvalawyer.
Early Law Professors
The first law professor at the University of Virginia, John Tayloe Lomax, adopted Thomas Jefferson’s
view that the study of law should include the study of government and politics within a broad conceptual
framework.
Lomax responded to the needs of his students by restructuring the law course so that students could
enter practice after completing only one session.
UVA Lawyer • fall • 2006
[51]
Virginia Teaching: the early years
The second law professor, J.A.G. Davis, further modified Lomax’s
division of the law program: the junior course included studies that “form an
essential part of a liberal professional education” while the senior course was
“exclusively occupied with the study of the theory and practice of the Law as a
profession.”
Davis served as chairman of the faculty from 1835 until his untimely
death in 1840 when he was fatally shot by rioting students on the lawn.
Henry St. George Tucker resigned from the Virginia Court of Appeals
to teach law at the University of Virginia. He developed a course of study
that began with natural law, followed by the law of nations, principles of
government and constitutional law, and municipal law.
In 1842, the University began awarding graduates in the School of Law, a
Bachelor of Laws (LL.B.). The LL.B. remained in place until 1970 when the
school conferred, in its place, the J.D.
A new era of instruction was initiated with the hire of 1834 law graduate,
John Barbee Minor in 1845. Minor remained at the helm of UVA Law for 50
years, retiring in 1895. A rigorous and demanding instructor, in Minor’s first
ten years of teaching, a mere nine percent of his students were able to pass the
exam and earn a Bachelor of Laws degree.
Minor’s experience as a legal practitioner influenced the way he
structured his law courses, affording students the opportunity to combine
practical skills with a systematic study of the concepts of law. Minor was
persuaded to publish his Institutes of Common and Statute Law in 1875,
cementing his reputation as the leading legal professor in the south.
William Minor Lile joined the law faculty in 1893 and became the first
dean of the Law School in 1904.
[52]
UVA Lawyer • fall • 2006
A pictorial history
During his 28 years as dean, Lile increased the years required for
graduation to three, initiated publication of the Virginia Law Review,
expanded the library, and oversaw the building of Clark Hall.
Like his predecessors, Lile continued to rely on lecture and examination
to teach, resisting national trends towards the case method of instruction. “I
trust that it is not the infirmity of age, nor narrow-mindedness, nor selfcomplacency, and certainly not ignorance, that holds me loyal to the old
system, but so I am.”
Introducing the Case Method
Facing page, top: In 1970 Monrad
Paulsen wrote, “In the future …
law teachers will reach out for
the understanding which other
disciplines can provide.”
Below: Law class of 1897
This page, top left: Hardy Dillard
was described by colleague,
T. Munford Boyd, as “a happy
scholar.” Middle: Charles Gregory
came to UVA in 1949 from the
University of Chicago. Extremely
well liked by his students,
upon his retirement students
established a professorship in
his name. Right: A Richmond
newspaper article describes
Emerson Spies’ teaching
technique: “As the professor
paced across his stage, gesturing
dramatically and using clever,
often ridiculous examples to
make his points humorously,
members of his audience—all
150 of them—responded with
complete attention and frequent
laughter. It was a command
performance by a veteran of the
classroom/stage.” Below: In 1932,
the Law School moved to Clark
Hall, built as a gift from William
Andrews Clark, Jr., a member of
the class of 1899.
Bottom: Law class of 1898
Armistead Mason Dobie is credited with first introducing the case
method of instruction to Virginia. Dobie began teaching at Virginia in 1907.
After military service in World War I, he attended Harvard to work on his
S.J.D. There he was introduced to the case method and when he returned to
Virginia in 1922, he began to use this approach in his law classes.
UVA Lawyer • fall • 2006
[53]
Virginia Teaching: the early years
F.D.G. Ribble was hired in 1921 and, at age 23, was the youngest man ever
to teach at Virginia Law. Emerson Spies later described Ribble “as a master of
the Socratic method.”
Another proponent of the case method, Hardy Cross Dillard, was hired as
an assistant professor with Adolphus B. Scott right out of law school in 1927.
In Lile’s Report to the President of the University for 1927, he states “two of
the best graduates of last session, with the ink scarcely dry on their diplomas,
were named as stopgaps for the new session . . . the choice proved a happy
one.” Dillard would remain at Virginia until his retirement in 1968.
The Law faculty fully embraced the case method by the early 1930s.
Despite Lile’s resistance to this approach he stated “the policy of the Law
School has uniformly been to give each professor a free hand with respect
to the particular method which he will follow in the teaching of his own
courses.”
Expanding the Curriculum
F.D.G. Ribble became dean of the Law School in 1939, a position
he held until 1963. As dean, Ribble recognized important new areas
of study such as labor law and enlarged the curriculum to include
‘Taxation, Administrative Law, and the whole range of business.”
Dillard, who succeeded Ribble as dean in 1963, proved to be a
colorful, outgoing and beloved professor and administrator. He was
described by colleague, T. Munford Boyd, as “a happy scholar.” In
1932, he taught the Law School’s first class in International Law.
Garrard Glenn joined the law faculty in 1928, leaving a lucrative
practice in New York City. Glenn’s business classes included Corporations,
Trusts, Creditors’ Rights, Security and Insurance. Dobie was to claim in his
later years that his greatest contribution to the Law School was his ability to
persuade Glenn to come to Virginia.
[54]
UVA Lawyer • fall • 2006
Below: Law Librarian Frances Farmer joined
the Law community as an assistant to the
dean and later became the first woman to
teach in the Law School’s classrooms.
Next: Law faculty in 1945 Bottom: The law
library
A pictorial history
Frances Farmer was the first woman to teach at UVA Law. Farmer earned
her law degree from the University of Richmond and originally joined the
law community to work for the dean. She became director of the law library
after studying library administration at Columbia. In the 1940s she began
teaching legal bibliography. When she retired as law librarian in 1976, Farmer
was made professor emeritus.
From the time law classes began at the University, dozens of men and
women have left their impressions on thousands of students. As the scope
of legal education expanded so did the faculty—from one in 1826, to four
in 1895, to fourteen in 1939. Today, more than 75 professors teach the Law
School curriculum, which has developed rapidly and continues to encompass
entirely new subject areas.
Featured on these pages are a few of the many formidable teachers
who have graced the halls of the Law School. For a more complete
retrospective, visit some of the exhibits on display in the law library or
visit the special collections department online from the library web page:
www.law.virginia.edu/library.
Top left: A judge on the U. S. Court of Appeals
for the Fourth Circuit, J. Harvie Wilkinson III ’72
taught law classes from 1973–1978, and again
in ’83, before being appointed to the bench.
Below left: Lillian BeVier was the first woman
to become a full professor at the Law School.
BeVier has taught constitutional law (with
special emphasis on First Amendment issues),
intellectual property (trademark, copyright),
real property, and torts since her arrival in
1973. Above top: In 1972, Larry Gibson was
the first African American professor to teach
at the Law School. Below: In 1977, Samuel
Thompson was the first African American to
make full professor in 1977. Both Gibson and
Thompson still teach in the legal academy at
other law schools.
Contributors: Cecilia Brown and Denise Forster
UVA Lawyer • fall • 2006
[55]
Orchestrating a class reminded me
of the role of a symphony conductor,
keeping all the pieces moving
together in an harmonious whole.
Editor’s Note—we asked Daniel J. Meador, James Monroe Professor of Law Emeritus, for his perspective
on the sometimes rocky marriage of teaching and scholarship. He graciously provided the following.
Picket Fences and a
“Jealous Mistress”
Dan Meador
F
orty-nine years ago in Clark Hall,
constant challenge for me to insure that in the classroom
I first stepped behind the lectern to face a banked
students would acquire an understanding of the
array of first-year students in Civil Procedure. At
fundamentals of the subject. First-year Civil Procedure
the end of the hour, I knew I was in the right place. Having
was my favorite. There I was working on a clean slate, with
had opportunities to observe teaching by some of the
students entering the great world of the law, knowing little
outstanding legal scholars of the day, I had learned that great
about it, but eager and interested. Often there would be
scholars do not necessarily make great teachers. I came to
a picket fence of raised hands to be called on, producing
see that teaching requires a special combination of instinct,
questions pressing me to explain intricacies of the legal
technique, and talent, as well as dedication to the task.
process. I was especially concerned to get across the
The strong teaching tradition at Virginia posed a
centuries-long and colorful history of our legal order, from
the origins of common law and equity through their merger
Pictured above: Dan Meador in the 1976 Barrister
[56]
UVA Lawyer • fall • 2006
into modern litigation, leading students to understand that
we were engaged in no ordinary enterprise, that they were
Legal scholarship enriches teaching by enhancing
entering an ancient calling vital to civilized society. A class
mastery of the subject and stimulating new ideas for
session, I thought, should also be fun. We can be serious
classroom presentation. Research is also important in
without being somber, as the late Hardy Dillard said,
fulfilling the law faculty’s role in improving the legal system.
himself one of our master teachers.
Law professors have a special obligation in this regard
It was evident to me from the start that the classroom
because practitioners and judges generally do not have time
is not the place to “wing it.” No matter how many times
for such work. To avoid detachment from the “real world,”
I taught the same subject over the years, I always found
I thought it important to participate in bar activities, serve
it useful—indeed necessary—to brood over the material
as reporter or consultant on law improvement projects, and
before each class, to rethink it and to attempt to devise
take occasional leaves of absence to engage in legal work
fresh ways of imparting it. Federal Courts was a special
outside the academy.
challenge; the second- and third-year students in that
While strengthening teaching, research can also
course had acquired a degree of legal sophistication and
threaten its quality. Time is the problem. Zeal for getting
tended toward a ho-hum attitude. They had to be provoked
to the bottom of legal conundrums can so preoccupy the
out of their lethargy and stirred into thinking about the
mind that the classroom is neglected. I tried always to
issues. I hoped that my enthusiasm for the subject might
guard against this, reminding myself that for the students
be contagious. Neither the “hide the ball” nor the “spoon
the classroom comes first. Academic life is further
feeding” approach appealed to me. I sought to engage
complicated by the demands of faculty committee work and
students intellectually through a mixture of lecturing and
responsibilities beyond the University grounds.
interrogating, hoping to leave them unconfused.
Orchestrating a class reminded me of the role of
The pull and haul of these multiple responsibilities
can make life in legal academia stressful even while it is
a symphony conductor, keeping all the pieces moving
stimulating and enjoyable. Overlooking the realities, many
together in an harmonious whole. Although I had a plan
of our alumni seem to perceive the law faculty here as
for each class, I found that, unlike the orchestra conductor,
leading an idyllic life filled with hours of relaxed reading
I could have no fixed score. Student responses are often
and conversation, sprinkled with cocktail parties and tennis
surprising, and questions come from all directions. The
at the Boar’s Head or Farmington, along with other delights
instructor must be flexible and nimble of mind, allowing
of the Albemarle countryside and Mr. Jefferson’s academical
full discussion, yet remaining in control. Of course, the
village. It is indeed difficult to imagine a more congenial
ultimate measure of the teaching effort is in what the
place in which to spend an academic career. But as Dean F.
students take away from the experience.
D. G. Ribble once cautioned me, the “good life” is a constant
Teaching is only part of a law professor’s responsibility.
There is serious legal scholarship to be pursued. The
threat. The trick is to enjoy it while not letting it undercut
those long, hard hours on teaching and research.
concept of a university professor as a combination teacher-
For me, this has been a grand and memorable trip. It
researcher, long familiar in American law schools, came
has been enormously rewarding to observe over the years
from the 19th century German universities. Teaching and
those hundreds of students who have passed through
research are complementary; each reinforces the other.
my classes and gone on to notable careers in law and
Teaching stimulates research by identifying questions
government in the nation and the world. I have no illusion
for which existing explanations are unsatisfying; some rules
that what went on in my classes had much to do with their
seem poorly designed to serve contemporary needs. Law
accomplishments. But I can say that few things in my life
professors are generally driven without external pressure
have been more fun than 50 minutes standing in front of
to explore such matters. Coming out of a busy law firm, I
a large room of law students at the University of Virginia,
was delighted to find that at last I had time to examine legal
hoping to impart some of my fascination with this “jealous
problems in depth. No pressure from the dean or faculty was
mistress” we call the law. a
necessary, although their encouragement was appreciated.
UVA Lawyer • fall • 2006
[57]
Jim St. Clair ‘60 (top row, second from left) next to his co-lecturer Sandra du Toit (third from left) with students in the
South Africa Black Lawyers Association Commercial Law Project.
Virginia Teaching Goes to
South Africa
Law School Alums Share American Legal Expertise
Margaret B. Edwards
A
fter practicing law for 41 years, Jim St. Clair ’60 was not yet ready to ride into the sunset.
Instead of retiring to a quiet life with family and hobbies, St. Clair has stayed active in
business as president of Huntington Realty Corporation, and continued to serve on
numerous boards. But somehow he still has had time to embark on an extraordinary period of
international public service. “At 65, 67, you’re not yet old, and you have a lot of energy,” St. Clair
says. “If you have any spirit of adventure and a desire to help others, [volunteering] gives you a
chance to go outside of your normal area of concern and share the concerns of the world.”
It started in 2002 when St. Clair happened on an announcement in the newsletter of the
[58]
UVA Lawyer • fall • 2006
American Bar Association soliciting applications for senior
Project expanded to include a course in Durban in 2005.
attorneys interested in volunteering for the International
Now in its third year, it has expanded to two 13-week courses
Senior Lawyers Project (ISLP). The ISLP provides
offered in Johannesburg and Cape Town.
volunteer legal services “in order to advance democracy
Student Trudy Moshodi credits the Project with giving
and the rule of law, protect human rights and promote
her the basic tools for drafting commercial agreements and
equitable economic development worldwide.” St. Clair
efficient case management. “I realized that this particular
immediately was interested. For the last three years, he
area of the law is not as difficult as it is made out to be by
has volunteered with the ISLP in places as diverse as Brazil,
those who have already acquired the expertise. The lectures
the Ukraine, Serbia, Bosnia and Herzegovina, Kyrgyzstan,
were interactive and interesting, and they have added value
and Kazakhstan. In the summer of 2005, he went to
to my development as a black commercial attorney.” She
South Africa, teaching part of an eight-week course on
adds, “I am a recipient of the Vance Centre Scholarship,
commercial law. He returned to do another session with the
which grants opportunities to previously disadvantaged
project in 2006.
attorneys in South Africa to come to the United States
As it turned out, the South Africa project began as the
to get practical exposure to commercial practice. The
brainchild of Leigh Middleditch, ’57, working first with
course felt strangely enough like a crash course in the
classmate Frank Stewart ’57 and then Paul Coetser (LL.M.
U.S. legal system both in terms of drafting and general
’87). Coetser, now a partner at the Johannesburg firm of
commercial practice. It helped me identify some similarities
Brink, Cohen Le Roux, had worked with Middleditch
and differences in our respective systems.” Moshodi’s
at McGuireWoods just after completing his LL.M. The
scholarship and subsequent travel to the U.S. interrupted
project, called the South Africa Black Lawyers Association
her participation, but she hopes to complete the course
Commercial Law Project, came into being for a simple
next year after she returns to Johannesburg. Applicants to
reason: years after apartheid ended in 1994, the South
the program normally must commit to attending classes
African economic system was still not a level playing field.
four nights a week for the entire course.
“There were relatively few black attorneys until the late
For St. Clair, South Africa was an opportunity to teach
1980’s,” says Coetser. “Commercial and business law was the
while also expanding the network of people willing to help.
preserve of white lawyers, mainly because the commercial
In the summer of 2006, he taught the basics of commercial
law instructions came from white people who owned and
law skills, business development, and case management
controlled the big commercial enterprises. As a result, it was
at night. During the day he met with attorneys in larger
(and it still is) difficult for black lawyers to gain experience
area firms to introduce them to the Project and to solicit
and training in that sort of work.” To address this problem,
commitments of support. He also traveled to Gaborone,
South Africa’s Black Empowerment Act now requires the
Botswana to see if there was interest and need for a similar
participation of black attorneys in many business deals.
program there. “We’re trying to get people involved,
Still, says Coetser, that left a Catch-22: lack of training
because there is so much need. Everywhere I went I was
made it difficult for black attorneys to take advantage of
greeted with open arms.” St. Clair plans to return to South
the law. “After all, an onerous contract or transaction that
Africa one more time, unless another project with the ISLP
is based on wrong or inadequate advice may lead to the
takes him elsewhere. “It’s a wonderful way to retire,” he says,
collapse of a company and disrespect for the rule of law.”
eyes twinkling. “People ask what you accomplish, and I tell
This, he says, has implications for the long-term political
them: Sow seeds and come back in five or ten years and see.
and economic health of South Africa. So, working with
It was my job to throw out the seeds.”
South Africa’s Black Lawyers Association and the ISLP,
For more information about how to support
Middleditch, Stewart, and Coetser developed a proposal that
projects like the Commercial Law Project, contact Leigh
successfully pursued grants from the Ford Foundation and
Middleditch at lmiddleditch@mcguirewoods.com or call
other sponsors to pay the travel costs of volunteer instructors.
him at (434) 977-2543. Information about ISLP projects is
First offered in Johannesburg in 2004, the Commercial Law
available at http://www.islp.org. a
UVA Lawyer • fall • 2006
[59]
inbox
In the latest edition of your great magazine there
was a fine letter of appreciation from Corban A. Klug
’04 for his 2006 VLFP (Virginia Loan Forgiveness
Program) disbursement.
I recently received a letter from DaLesia Boyd,
expanded when I was doing the judicial clerkship (talk
about a heavy workload!)
I am based in Washington, D.C., although I spend
substantial amounts of time each year in Arkansas,
Mississippi, Louisiana, and other parts of the region. The
Class of 2006, thanking me on behalf of my class—
Delta Grassroots Caucus lobbies Congress and the national
’37—for our scholarship, and stating “the legacy of each
executive branch to do more to fight poverty in the Delta,
of the class members will live on through our work
America’s most impoverished region. I am glad to see that
within the legal community and our services to others.”
the University of Virginia alumni and the Law School show
Such letters make our efforts worthwhile.
such a strong interest in UVA Law grads who pursue careers
Respectfully yours,
in the public sector, nonprofits and careers in related fields.
William G. File, Jr. ’37
I will never get rich in this line of work, but it is deeply
rewarding.
We have been very depressed by the impact of
I would like to say how delighted I was by the
spring 2006 edition of the UVA Lawyer that focused
there, to practice what I preach, and we have generated
on public service. I am the executive director of the
many hours of volunteer work, in addition to efforts to
Mississippi Delta Grassroots Caucus, a nonprofit
reform FEMA. We work on a variety of issues regarding
that fights poverty and the legacy of Jim Crow in
poverty in the region.
the Greater Delta Region, stretching from southern
better with the UVA Law community, and any suggestions
House appointee in the Clinton administration
you may have on how I might do that would be great. If
working on anti-poverty issues, after doing a judicial
there are other contacts in the alumni network or the law
clerkship in the federal court in Arkansas in 1993-94.
school that would be good for me to get in touch with, that
I am also the author of J. William Fulbright and His
would be great.
Time, a biography of the late Senator Fulbright (with
Thanks­—
a foreword by President Clinton), and substantial
Lee Powell ’93
portions of that book were written in seminars in my
[60]
I have been very busy but would like to reconnect
Illinois down to New Orleans. Formerly I was a White
second and third years at UVA Law, and subsequently
Hurricane Katrina. I personally volunteered to work down
UVA Lawyer • fall • 2006
1940
1953
1958
On July 11, Mortimer Caplin celebrated
George Martin has been awarded the
Joseph Hilton writes he is still working
his 90th birthday at the U.S. Senate’s
Griswold Prize, which is given to the
at Grubb & Ellis in New York City and
historic Russell Building Caucus Room,
author of the best book on Supreme Court
enjoying it. He is a grandfather to Kate
and was the subject of an article in The
history. Martin spoke at the Supreme
(2½) and Charlie (8 months), both
Wall Street Journal which called Caplin a
Court of the United States on April 26, and
children of Alexis. His daughter Alison
“legal giant” and “perhaps the most well-
accepted the prize for his winning history:
teaches kindergarten, and wife, Marjorie, is
known IRS Commissioner in American
CCB, the Life and Century of Charles
a noted interior designer.
history.” Caplin reports that Senator Ted
C. Burlingham, New York’s First Citizen
Kennedy ’59, his former student at the Law
1858–1959.
1959
School, “arranged for the venue and was in
Jack Rephan was
top form as lead speaker at a very joyous
and fulfilling evening.”
Caplin has recently received two
honorary Doctor of Laws degrees—one
from the University of South Carolina
and the other from Washington College,
Chestertown, Md. Caplin’s wife, Ruth, and
son, Lee Caplin ’72, have also been busy
with the highly successful launch of Mrs.
Palfrey at the Claremont, a film written by
1957
elected vice-chairman
Reunion Year
of the Virginia Bar’s
George Gowen was recently inducted into
construction and
the United States Tennis Association’s
public contract law
Eastern Hall of Fame after working as an
section at its annual
advisor, counselor, and historian for 18
meeting at Virginia
USTA presidents. Currently, he is a senior
Beach. Also elected
partner at Dunnington, Bartholow &
were Elaine Jordan ’87 as chair and
Miller in New York.
Richard Smith ’69 as secretary. Rephan is a
partner in Rephan Lassiter in Norfolk. His
Ruth and produced by Lee.
practice is substantially devoted to
construction and public contracts law.
1948
1960
Harry Nelson Gustin is of counsel at Huff,
Poole & Mahoney in Norfolk, Va. He is
After 45 years of practice, Robert J. Wolfe
now married to Cherry Whitehurst Gustin.
has “retired and hung up his yellow pad!”
1949
1961
Last summer Peter J. Rogers enjoyed a
Fred L. Somers, Jr., received the Vanguard
family reunion in Manchester, Mass.,
Award for lifetime commitment from
with more than 40 family members in
the American Bar Association Nonprofit
attendance—many with UVA connections.
Corporations Committee. Somers is a past
Sixty years earlier on August 5, 1945,
president and presently counsel to the
Rogers commanded 100 marines on Tinian
National Club Association and continues
in the Mariana Islands who were guarding
in an active law practice in Atlanta, Ga.,
the Enola Gay as it was armed for the strike
with a concentration in private golf and
on Hiroshima.
recreational club organization, governance
and development.
Peter Rogers ‘49 (left in photo) on the Mariana
Islands in 1945
UVA Lawyer • Fall • 2006
[61]
Class Notes
1962
Reunion Year
1966
captain in the U.S. Air Force. He continues
Frank Galloway of Hand Arendall has
Bruce H. Roberson, a
as a member of the board of trustees for
been included in The Best Lawyers of
partner in the Tampa
the Beckman Foundation and the San
America list for 2007 for his work in real
office of Holland &
Diego Zoological Society. He resides in
estate law.
Knight, has been
Villa Park, Ca. with his wife, Barbara, of
inducted as a Fellow
36 years.
into the American
1963
College of Consumer
William R. Rakes of the Roanoke,
Virginia-based firm Gentry Locke Rakes &
Moore has been named to The Best Lawyers
in America list for 2007.
William T. Wilson was
selected as a Super
Lawyer in the Virginia
Super Lawyers
magazine, an honor
given to only 5% of
Virginia lawyers.
Wilson continues to
work in Covington, Va., at Wilson, Updike
& Nicely where he concentrates on
personal injury law. Wilson is married to
the former Langhorne Clark of Salem and
they have a daughter, Taylor, a sophomore
at Virginia Tech. They live on a farm in
Financial Services Lawyers. Membership in
the College is limited to lawyers who have
achieved preeminence in the field and who
have made repeated and substantial
contributions to the promotion of learning
and scholarship through teaching,
lecturing and published writings. Roberson
practices in the areas of financial
institutions and corporate law and is listed
in Best Lawyers in America and Who’s Who
in American Law.
In an Associated Press article headlined
“Traffic Violation Pits Police Against
Top Cop,” retired Appellate Judge
Richard Williams was cited for his role
as investigator of an ethics complaint
involving New Jersey Attorney General,
Zulima Farber.
unopposed, was
reelected to a third,
eight-year term on the
Arkansas Supreme
Court. Brown was first
elected to the court in
1991. Among his significant opinions are
U.S. Term Limits, Inc. v. Hill, which struck
down term limits for United States
Senators and Representatives, and which
was affirmed by the United States Supreme
Court in 1995, and his Lake View opinions,
holding public school funding for the State
of Arkansas unconstitutional.
Syracuse attorney
been elected to the
1967
grouse.”
J. Rudy Austin of the Roanoke, Virginia-
the New York State Bar
based firm Gentry Locke Rakes & Moore
Association. He will
has been named to The Best Lawyers in
serve as a vice
Steve Grafman, after a 31-year career
with Kirkpatrick & Lockhart, has
become a member of Sharp Associates in
Washington, D.C.
Norris McLaughlin &
Marcus announced
that Theodore
Margolis had been
selected for inclusion
in the business
litigation section of
New Jersey Super
Lawyers 2006. Margolis earned this honor
through his extensive trial experience in
large and complex litigation.
[62]
Brown, running
raise “trees, coyotes, turkeys, deer, and
1965
Justice Robert J.
David M. Hayes has
Alleghany County, about half-way between
Covington and Hot Springs, where they
1968
UVA Lawyer • Fall • 2006
Reunion Year
America list for 2007.
executive committee of
president representing
the Fifth Judicial District. The 26-member
Howard Martin Jr., a native of Norfolk,
executive committee oversees the
Va., has been named president-elect of
management and administration of the
the Virginia State Bar. Martin practices in
association within policies determined by
Norfolk with Crenshaw, Ware & Martin
its governing body, the House of Delegates.
with a focus on real estate, land use and
Hayes is of counsel to Bond, Schoeneck &
zoning, and redevelopment law. Virginia
King, concentrating in business law,
Lawyer featured Martin’s new position in
including agricultural cooperatives,
their June/July 2006 edition.
antitrust, corporate governance, finance,
insurance, securities, and strategic
Bill May recently retired as Senior Vice
planning. He is also an adjunct professor
President, General Counsel, and Secretary
of law at the Syracuse University College of
after a 30-year career at Beckman Coulter
Law. Hayes serves as director and treasurer
Inc., a $2.5 billion medical and research
of the Legal Services of Central New York,
instrumentation company with 10,000
Inc. and the Legal Aid Society of Mid-New
employees worldwide. May was general
York, Inc. He is director of the Onondaga
counsel for 21 years. He previously was
County Bar Foundation, Inc. He is chair of
with a prominent patent law firm and a
the Fifth District Fellows of the New York
Class Notes
Bar Foundation and is a frequent seminar
1971
George W. House of
presenter. Active in community affairs,
Tom Boyd, a partner in Alston & Bird’s
Pierce, McLendon,
Hayes is a past president and honorary
Washington, D.C. office and head of its
Humphrey & Leonard
director of the Boys and Girls Club of
legislative and public policy group, has
in Greensboro, N.C.
Syracuse, and serves as director of the
been appointed by Secretary Michael
was ranked #2 in
Syracuse St. Patrick’s Parade Association
Chertoff to serve on the data privacy and
Environment in the
and parade announcer.
integrity advisory committee for the U.S.
North Carolina
Department of Homeland Security.
rankings of the legal
guide, Chambers USA, America’s Leading
1969
In the February/March 2006 issue of the
Hodge Alves of Hand Arendall has been
included in The Best Lawyers of America
list for 2007 for his work in maritime law.
John A. McVickar co-authored an article
with Christopher T. Albert entitled
“Conservation Easements: Overview
for Virginians.” The article focuses on
Arizona Superior Court Judge Pendleton
Gaines was featured in a Sunday GazetteMail article headlined “Judge’s Order
helps lawyers get together—for lunch.”
In order to help ease tension between
the attorneys of an intellectual property
dispute, Gaines issued a ruling that ordered
the attorneys to get lunch together and
appreciate the importance of a good meal
and good conversation. His comical yet
practical ruling was praised by legal circles
throughout the country.
conservation easements and land trusts,
specifically in relation to Virginia lawyers.
Earlier in January, McVickar spoke to a
group on the same general subject at the
winter meeting of the VBA.
Christopher J. Murphy III was
reappointed to a second term on the
Indiana Commission for Higher Education
by Governor Mitch Daniels. He is also
the chairman, president, and CEO of 1st
Source Corporation and chairman and
CEO of 1st Source Bank in South Bend.
Mark Sullivan, a retired Army Reserve
1970
Judge Advocate General colonel, is the
Kenneth M. Greene of
chair of the ABA family law section’s
the Greensboro firm of
military committee. His book, The Military
Carruthers & Roth has
Divorce Handbook, was published in April
been selected for
by the American Bar Association. He
inclusion in The Best
practices in Raleigh, N.C. where he lives
Lawyers of America for
with his wife, Teri, and daughter, Anne.
2007 in the practice
finance law. He is one of a group of
attorneys who have been listed in Best
Lawyers for ten years or longer.
1973
Eric Adamson retired after his company,
Service Title of Virginia, was acquired
by MBH Settlements Group, the largest
title agency grouping in Virginia. He now
spends his time visiting six grandchildren!
Alan Moore was recently featured in an
article on redorbit.com, a space, science,
and technology news website. Moore works
for Baker Donelson where his work deals
primarily with transportation. He serves as
general counsel for the Jackson Municipal
Airport Authority, the Mississippi
Airports Association, and the Mississippi
Intermodal Council.
The Office of the Comptroller of the
Currency selected Richard C. Stearns
to be its Director for Enforcement and
Compliance. Stearns will report to OCC’s
Deputy Chief Counsel and will oversee
the OCC’s Law Department Division that
conducts investigations, recommends
administrative actions, and litigates those
enforcement actions on behalf of the
areas of banking law,
bankruptcy and creditor-debtor rights, and
Business Lawyers.
Virginia Bar Association’s News Journal,
1972
agency. Since 1993, Stearns has served as
Reunion Year
the Deputy Chief Counsel for Enforcement
Lee Caplin has produced the highly
at the Office of Thrift Supervision. Prior to
successful movie Mrs. Palfrey at the
that he was the Deputy Chief Counsel for
Claremont, staring Joan Plowright. His
Regional Enforcement, and Assistant Chief
mother, Ruth Caplin, wrote the screenplay.
Counsel for Enforcement for OTS. From
1985 to 1991, Stearns was an Assistant
Director and a Senior Trial Attorney with
Tell us the important things that happen in your life! 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 you submissions by February 1 for inclusion in the next issue.
UVA Lawyer • Fall • 2006
[63]
Class Notes
the Civil Division at the Department of
Mark Fox Evens has
John Charles Thomas has been appointed
Justice. During his career, Mr. Stearns
joined Sterne, Kessler,
to the College of William and Mary’s Board
also served as a Senior Trial Attorney
Goldstein & Fox in
of Visitors. The youngest person and first
with the Office of Housing and Urban
Washington, D.C. as a
African-American appointed to Virginia’s
Development, an Associate with the law
director. Evens will
Supreme Court, Thomas is a partner with
firm of Kirkpatrick and Lockhart, and as a
focus on intellectual
Hunton & Williams, an international
Lieutenant in the U.S. Navy Judge Advocate
property litigation
firm headquartered in Richmond. He will
General Corps.
including patent
remain on the board until the end of his
infringement, copyright, and trademark
term in 2009.
cases. Evens was previously on the
1974
After 31 years at Reed Smith and its
Northern Virginia predecessors, Mark
Dare has joined a five-lawyer labor and
employment boutique firm, Isler Dare Ray
& Radcliffe, located in Tysons Corner.
James C. Sargent was
named a “Pennsylvania
Super Lawyer” for
2006 by Law and
Politics magazine.
Sargent acts as
chairman for Lamb
McErlane’s litigation
department, provides counsel on
commercial contracts, real estate and
banking law, construction litigation,
restrictive covenants, and employment
contracts. Sargent also serves on the
Pennsylvania Appellate Procedural Rules
Committee and as co-chair of the
Pennsylvania Bar Association’s Appellate
Advocacy Committee. He joins five of his
other colleagues at Lamb McErlane in
accepting this honor.
Executive Committee of the Commercial
The Huntsville Times ran an article
Litigation and ADR Department of Thelen
on Justice Tom Woodall’s re-election
Reid & Priest. He also spent five years at
campaign as associate justice of the
the Department of Justice litigating
Alabama Supreme Court. In the past,
complex cases.
Woodall has worked for Rives and
Peterson, and Woodall and Maddox, both
Drew Hatcher and his wife, Maureen,
in Birmingham, where he concentrated on
are happy to announce that their oldest
civil litigation in state and federal trial and
daughter, Elizabeth, is attending the Law
appellate courts. He is married to Debbie
School this fall after completing two
Brogan and has three children: Scott,
years teaching Spanish in Charlotte, N.C.
Matthew, and Claire.
for Teach for America. She is a Williams
College graduate and excited about
1976
studying law.
Fred D. Hutchison of the Hutchison Law
Group in Raleigh, N.C. has recently been
honored and recognized by his peers in
The Best Lawyers in America list for 2007.
After evacuating New Orleans for
Hurricane Katrina, Clyde H. Jacob III
temporarily moved to Houston. Jacob
later returned to New Orleans where he is
practicing labor and employment law with
Peter E. Broadbent, Jr. has been re-elected
as chairman of the business law section
of the Virginia State Bar. He has also
been recognized in Virginia 2006 Super
Lawyers magazine as one of the top 5%
of lawyers in Virginia for his practice in
utilities law. Broadbent practices business,
intellectual property, governmental and
communications law as a partner with
Christian & Barton, in Richmond, Va.
Jones Walker. The Jacobs family is back
William P. H. Cary of
in their home which, while not flooded,
Pierce, McLendon,
suffered roof damage that led to internal
1975
damage. Thankfully for Clyde and his
Glenn R. Croshaw of Willcox & Savage was
before.”
Humphrey & Leonard
in Greensboro, N.C.
family, “every day is better than the one
was ranked #2 in
Employment: Mainly
selected by his peers for inclusion in the
publication, The Best Lawyers in America,
Caine O’Rear of Hand
in the area of Government Relations
Arendall has been
Law. Glenn is currently a member of the
included in The Best
Virginia State Crime Commission, and
Lawyers of America list
he served as a Member of the Virginia
for 2007 for his work
House of Delegates between 1986 and
in commercial
2000. He also chairs the firm’s Government
litigation and
Relations practice, which specializes in
construction law.
state and local government issues.
Defendant in the
North Carolina
rankings of the legal guide, Chambers USA,
America’s Leading Business Lawyers.
Daniel J. Hoffheimer recently co-authored
an article, “The Danish Cartoons: Refrain
or Publish,” in AT ISSUE (National
Conference for Community Justice), April
2006. The article was co-authored with
Inayat K. Malik.
[64]
UVA Lawyer • Fall • 2006
Class Notes
Law Weekly 11/5/76, p.1 A jubilant
Copeley Singles squad celebrates its
double victory over the Mud Hens last
Friday that gave them the Fall Law School
championship. Pictured, back row, left to
right, Jim “Murph the Surf” Murphy, John
Guyer, the bottle of victory champagne
provided by the League, a mostly
hidden Bill Twomey, two-thirds of Gary
Goldberger’s head, Steve Rose, manager
Gary Feulner, and Doug Shoettinger.
Seated are Donny “Bubbles” Olek, Roger
“the Duke Tract Baboon” Glass, Ed Rouh,
and Will Shortz.
30 Years Young: North Grounds Softball League
J. Gordon Hylton ’77, League Co-Founder
The idea for a separate law school softball league dates
Lemons. Thankfully, neither had objections. From the University
back to the end of the 1975–1976 school year when Fred Vogel ’77
we got permission to use the field and were even given a bag of
and I were talking about how disappointing our experience had
equipment. From the very beginning Fred was intent on improving
been playing in the University intramural softball league. For the
the field, and through his efforts we installed foul poles and a large
second year in a row most of our games were with undergraduates;
patch of astroturf around home plate.
our opponents sometimes didn’t show up; and at this time UVA
Once we put the field in order, we began to advertise the league
intramurals used the large 12-inch Chicago-style softball instead of
through word of mouth and by posting announcements in the Law
the regular 9-inch ball.
School. Fred used his extensive social network to encourage others
When we returned for our third year of law school in early
September 1976, we decided things needed to change.
Fred and I chose to organize a fall softball league for law
to organize teams. Our roommate Dave “Moon” Mullins ’78 and
many other friends readily joined in and by general agreement, we
named Fred the League Commissioner and Dave and I assistant
students (and a few others) that would play on the largely unused
commissioners. In honor of Powerhouse of Athletics, sponsor and
Copeley field, which had been there, replete with backstop, at least
donor of our trademark yellow baseball caps, we called our team
since the new law school opened in 1974. We proposed the idea
the Powerhouse A’s and began practicing almost every day. This
to Associate Dean Lane Kneedler ’69 and Assistant Dean Don
allowed us to publicize the new league and recruit talented players.
UVA Lawyer • Fall • 2006
[65]
Class Notes
Throughout most of the first season the League was called the Law
League still brought in the crowds with unpredictable games, like
Grounds Softball League, would take its place.
when the Powerhouse A’s rebounded by winning eight straight
Even with the very short notice, 15 teams entered the league the
on October 22, 1976. The Clark Division was won by the Copeley
White, Bob Scott, and current Virginia Supreme Court justice Don
Singles with a 7-3 record. The No-Name Division was won by the
Lemons ’76. More than 200 players, almost all of whom were law
Mudhens who finished 9-1, one game ahead of the Powerhouse A’s.
school students or faculty, were on the original rosters. While most
The 1-9 Faculty team finished in a tie for last place. The top four
of the players were male, there were a handful of female players that
teams in each division advanced to a play-off with the final four
first season, including Ernie’s Crab manager Nancy Hudgins ’78.
(Mudhens, Powerhouse A’s, Copeley Singles, and Paisanos) playing
Original players included future New York Times Crossword Puzzle
a double elimination tournament. In something of an upset, the
editor Will Shortz ’77, future United States Senator George Allen
Singles defeated both the A’s and the Mudhen’s to win the first
’77; future D.C. US Attorney Roscoe Howard ’77, and future
championship. In the final game, the Singles defeated the Mudhens
National Hockey League vice-president Skip Prince ’77.
by an astonishing 24-2 margin.
The Singles roster included: Gary Feulner ’77 (Player-Manager),
making up the schedule. We divided the teams into a seven-team
Roger Glass ’79, Gary Goldberger ’79, John Guyer ’77, Phil
Clark Division (named after the recently abandoned Clark Hall)
Lookatoo, Jim Murphy ’79, Donnie Olek ’77, Steve Rose ’77,
and an eight-team No-Name Division (named after the then still
Ed Rouh ’77, Doug Shoettinger ’77, Will Shortz ’77, and Bill
unnamed new law building). The Clark Division included teams
Twomey ’77. The umpire in the championship game was Professor
called: Copeley Singles; Ernie’s Crabs; Homerun Hillbillies; Law
Ted White.
Review; Learned Hands; Maros’ Maulers; and Sliding Scales. The
The spring season opened up the league to teams from the
No-Name Division teams were called: Bad News Bears; Bullets;
business school (then in what is now Slaughter Hall) and the JAG
Faculty (also referred to variously as the Diminished Faculties and
school. For the spring, Dick Downing ’77 joined Vogel and Hylton
the Brooding Omnipresence); Mudhens; Paisanos; Powerhouse A’s;
in the commissioner’s office.
Renegades; and Rookies.
Play began with three games on Tuesday, September 14, 1976.
We moved the date of opening day for the spring season back
to March 21, and invited President Gerald Ford to throw out the
Opening day festivities included third year law student Keith
first pitch (the February 11, 1977 Law Weekly reprinted the letter
Kearney ’77 playing the National Anthem on his trumpet and
from White House Director of Scheduling Fran Voorde, graciously
newly appointed Law School Dean Emerson Spies throwing out
declining the invitation). After the President declined, we moved
the ceremonial first pitch. The first game was won by Rob Reklaitis
back opening day to February 28, and nearly 50 teams with more
’78 and his ’ Maros’ Maulers who defeated Dale Ditto ’78 and
than 500 players signed up for the spring semester. The faculty
his Home Run Hillbillies 12-11. In the other two first day games
team folded after playing only one game in the spring.
Learned Hands defeated Ernie’s Crabs 12-10, and the Copeley
Singles won out over the Sliding Scales, 12-3.
From the very beginning the North Grounds Softball League
[66]
games after losing the first two. The 10-game regular season ended
first season, including a faculty team which included Ted White, Tom
As assistant commissioner, I had the primary responsibility for
Despite the initial lack of publicity in the Law Weekly, the
School Softball League. But gradually, Fred’s coined name, North
During the summer of 1977, a team of North Grounds League
players in Charlottesville studying for the bar examination won
the University of Virginia intramural softball championship. In
was closely connected to the Law Weekly. I was the news editor and
the fall of 1977, the league continued under the leadership of co-
Herbie DiFonzo ’77, the editor-in-chief, and Bruce Williamson ’78,
Commissioners Dave Mullins and Bruce Williamson, who were
the features editor, were enthusiastic softball players. In spite of this,
chosen by the outgoing commissioners. Early in the fall 1977 season,
the story of the first games ran only on page three with most of
Major League Baseball Commissioner Bowie Kuhn ’50 pitched
page one given over to stories on the new dean Emerson Spies and
one inning in a NGSL game. I was clerking for a judge on the
the new Law Librarian, Larry Wenger who replaced the legendary
Virginia Supreme Court but came back to Charlottesville for Kuhn’s
Frances Farmer, who had retired. Somewhat belatedly, the Law
appearance. New NGSL Co-Commissioner Bruce Williamson
Weekly ran an opening day photo of Dean Spies and Commissioner
introduced me to Kuhn as “former commissioner” Gordon Hylton.
Vogel with the opening day umpiring crew in its October 8 issue.
In reply, Kuhn said, “Well, that does happen sometimes.” a
UVA Lawyer • Fall • 2006
Class Notes
Steven Tabackman has been selected for
Christopher Scott
Michael Kuhn was
the 2007 edition of The Best Lawyers in
D’Angelo has been
elected Secretary/
America among lawyers practicing white
named to the 2006 The
Treasurer of the
collar criminal defense in Washington, D.C.
International Who’s
Houston Bar
Who of Commercial
Association - Real
M. Hamilton Whitman of Ober/Kaler
Litigators and the 2006
Estate Section. The
in Baltimore was recognized by The
The International
Real Estate Section
Best Lawyers in America for his leading
Who’s Who of Product
hosts monthly CLE
role in Maryland maritime law. He has
Liability Lawyers.
appeared in each edition of Best Lawyers.
luncheons and participates in Habitat for
Humanity, LegalLines, and other HBA
His daughter Miles is now a first-year
The Honorable Anne Kenney Chaplin was
medical student at UVA Medical School,
reappointed to the Massachusetts Supreme
working hard and feeling lucky to be in
Court as Southeast Housing Court First
John F. Maddrey was named to the newly
Charlottesville. Whitman and his wife
Justice. Prior to her appointment to the
created position of Assistant Solicitor
Susan are glad to have such a good excuse
bench in 2000, Chaplin was a partner at
General for the State of North Carolina by
to come back to Virginia often.
Chaplin & Chaplin in Boston and has
Attorney General Roy Cooper. His duties
practiced law for over 20 years.
include the representation of the state
sponsored activities.
in major civil appeals including matters
1977
Reunion Year
Barry Kogut of Bond,
Schoeneck & King in
Syracuse, N.Y., was
selected by his peers to
be included in the
2007 edition of The
Best Lawyers in
America. Kogut has an
extensive and varied environmental
practice that deals with both federal and
state regulatory compliance and
enforcement matters.
Joseph W. Ryan, Jr., a partner at Porter
before the Supreme Court of the United
Wright Morris & Arthur, in Columbus,
States and the Fourth Circuit.
Ohio, has been elected a Director of the
International Association of Defense
David B. McCormack, Buist Moore
Counsel. Ryan specializes in civil
Smythe McGee Principal and Employment
litigation with an emphasis on complex
Practice Group Head, has been selected
professional liability, intellectual property,
as Fellow in the College of Labor and
and commercial law. He has represented
Employment Lawyers. This appointment is
Columbus-based American Electric Power
the highest recognition by one’s colleagues
and its subsidiaries for more than 25 years.
of sustained outstanding performance
He represents corporate clients throughout
in the profession, exemplifying integrity,
the country on trademark, service mark,
dedication and excellence. McCormack
and trade dress claims.
practices in the area of employment law,
representing employer interests. His
Howard Shafferman was recently
practice encompasses all aspects of state
1978
appointed co-partner-in-charge of the
and federal employment law, including
Energy and Project Finance Group of
wrongful termination and employment
At the beginning of August, President Bush
Ballard Spahr Andrews & Ingersoll,
discrimination. He also provides extensive
announced that he plans to nominate Alex
Washington, D.C.
advisory and counseling services in
A. Beehler to be inspector general of the
such areas as employment contracts,
U.S. Environmental Protection Agency.
employee handbooks, restrictive covenants,
Beehler currently serves as Assistant
Deputy Undersecretary of Defense for
Environment, Safety and Occupational
Health. Earlier in his career, he has served
as vice president for environmental
programs for the Charles G. Koch
Charitable Foundation, and was a senior
trial attorney at the Department of Justice.
1979
family and medical leave, disability law
Gary Goldberger of Los Angeles, Calif.,
is the Executive Producer of two movies
that premiered on Lifetime Television in
July—The Last Trimester, starring Chandra
West, and The Obsession, starring Daphne
Zuniga.
requirements, and sexual harassment.
Ron Saxton was featured in an article in
the Democrat-Herald that focused on his
plan to run again for governor of Oregon.
He continues to hold a seat on the Portland
school board and is working on several
projects to better the school system.
UVA Lawyer • Fall • 2006
[67]
Class Notes
1980
Dan Mackesey was recently inducted
specializes in three practice areas: business
Marc J. Goldstein, a
into the National Lacrosse Hall of Fame.
law; corporate finance and securities law;
partner in Hodgson
Before gaining his reputation as “a top
and mergers and acquisitions. He is
Russ’s International/
commercial real estate lawyer” and
involved in numerous professional
Cross-Border Practice
managing member of Womble Carlyle’s
organizations.
Group, was a featured
Northern Virginia office, Mackesey
speaker at the second
played lacrosse for Cornell University, his
Paul Brickfield continues to practice
annual “Emerging
alma mater, where he led the team to the
criminal defense at his firm in Northern
Issues in Cross-Border
National Championships in both 1976 and
New Jersey. He was recently elected a
Commercial Litigation” seminar, held
1977. He earned a silver medal in the 1979
trustee of the Association of Criminal
recently in Niagara-on-the-Lake, Ontario,
World Games, where he played for the U.S.
Defense Lawyers of New Jersey and also
Canada. Goldstein presented “ADR in the
National Team.
received certification by the New Jersey
Supreme Court as a criminal trial lawyer.
International Context,” which addressed
key issues related to crossing the common
W. David Paxton of the Roanoke, Virginia-
law-civil law divide in international
based firm Gentry Locke Rakes & Moore
James Browning was recently selected
arbitration.
has been named to The Best Lawyers in
by Lawdragon as one of the 500 leading
America list for 2007.
judges in America, stating, “The newcomer
Mr. Goldstein has devoted his 26-year
to New Mexico’s federal bench has already
career to complex commercial litigation
and arbitration. He has acted as counsel in
Richard J. Pocker has been honored as a
become a judicial star.” Also, the May-
numerous international arbitrations, many
patron of the Nevada Law Foundation,
June 2005 issue of Judicature provides
of them involving foreign state-owned
a non-profit organization dedicated to
biographical sketches of 23 recent
companies and before arbitration panels
providing legal related services to the poor,
Bush appointees, including Browning,
constituted by the International Chamber
victims of domestic violence, and children
as “representative of the high-quality
of Commerce, the American Arbitration
protected by or in need of the protection of
nominees confirmed by the 108th
Association, the Singapore International
the juvenile court. He is the administrative
Congress.”
Arbitration Centre, and others. He is listed
partner for the Las Vegas office of Boies,
in the Guide to the World’s Leading Experts
Schiller and Flexner.
David P. Ferretti has
been elected for
in Commercial Arbitration.
Paul Terpak was listed in The Best Lawyers
another two-year term
Transportation Security Administration
in America in the area of condemnation
as Member in Charge
Assistant Secretary Kip Hawley was quoted
and eminent domain. Terpak practices
of Lawyer
in a CNN.com story in August about the
with Blankingship & Keith and lives with
Administration at
Transportation Service Authority banning
his two children in McLean, Va.
lotions past security checkpoint and onto
Bonnie K. Wachtel, Vice President and
term for Ferretti in this position, where he
airplanes.
General Counsel of Wachtel & Co., was
is in charge of attorney matters and
selected by Acies Corporation, a financial
oversight of legal work at the firm. His
Darryl Jackson was named president
services company in New York, N.Y., to
primary areas of practice encompass
and CEO of EcoQuest International, a
serve as an independent member of the
corporate law, mergers and acquisitions,
Greeneville, Tenn. manufacturing and
company’s board of directors.
and public finance.
marketing company. The Greenville Sun
recognized Jackson’s success in an article
Karen Henize Geiger is back in the
on their website. Under this new position,
he will be responsible for operations,
customer service, finances, sales and
marketing, and strategic planning.
Prior to EcoQuest, Jackson worked at
his own executive services consulting
company, Jackson Enterprises, located in
Norcross, Ga.
1981
working world coordinating the
Schwabe, Williamson
& Wyatt appointed
A. Jeffery Bird as
shareholder. Before
joining the firm, Bird
was a partner at
Garvey Schubert Barer
in Portland, Ore. Bird
[68]
Spilman Thomas &
Battle in Charleston, W.Va. This is the third
passengers from carrying liquids, gels, and
UVA Lawyer • Fall • 2006
Georgia Legal Services Program’s legal
representation of low income family
violence survivors. She was “sorry to miss
the 25th class reunion!”
Blaine A. Lucas of Babst, Calland,
Clements and Zomnir in Pittsburgh, was
named to The Best Lawyers in America 2007
for land use and zoning law, and municipal
Class Notes
law. Lucas was also named a 2006
employment with the U.S. Congress and
company, Cephalon, Osborn has worked to
Pennsylvania Super Lawyer — a distinction
legislative branch of the federal
negotiate with generic drugmakers in order
only five percent of Pennsylvania lawyers
government.
to bypass extensive litigation.
achieve. Lucas will be acknowledged in the
Pennsylvania Super Lawyers publication as
well as in Philadelphia Magazine.
1983
Andrew Sleigh (LL.M.) is a senior
After a stint in private practice,
partner in Burness, one of Scotland’s
Catherine Banerjee Rojko moved to the
top corporate law firms with offices in
Barbara Ann Williams left the position of
Environmental Enforcement Section of the
Glasgow and Edinburgh. He specializes in
Bar Counsel at the Virginia State Bar on
Department of Justice, where she enforces
private company mergers and acquisitions
January 31, to rejoin McGuireWoods in
the nation’s environmental laws. Since
and corporate finance work and is lead
Richmond, Va., as Deputy General Counsel
graduation, she has gone horse trekking
external counsel to the Scottish Football
and Ethics Counsel.
in Mongolia, and hiked the Milford trek
Association. He is currently a member of
in New Zealand, the Indian Himalaya in
Royal Troon Golf Club.
Kashmir, and the Inca Trail to Macchu
1982
Pichu. She writes that her most important
Carol E. Summers was the Human
The Metro Atlanta
adventure, however, has been getting
Resources Attorney for the office of the
YMCA named Keith
married to her husband Sunoy, which she
City Attorney in Virginia Beach. In 2001
Cowan as its 2006
did four years ago.
she joined the department of human
Reunion Year
resources for Virginia Beach City Public
Volunteer of the Year.
Cowan is chief field
Phil Beeson’s daughter, Brett, is a
Schools as an employee relations specialist.
operations of
freshman at Virginia Episcopal School. She
Recently, she was appointed Acting
BellSouth Corporation
was also a regional finalist in the Scripps
Director of Employee Relations.
in Atlanta and an active member of the
National Spelling Bee.
Gordon S. Vincent has been elected by the
Metro Atlanta YMCA board of directors.
He joined the Y board in 1998 and
Jeff Horner, a partner at Bracewell &
Virginia General Assembly to serve as a
currently serves as a member of the
Giuliani in Houston, was recently elected
General District Court Judge for a six-year
financial development and brand
to the board of directors of the Vanderbilt
term. He will be the only General District
management committees as well as vice
University Alumni Association. He will
Judge serving District 2-A, which includes
chairman of the executive committee. The
serve a four year term.
Accomack and Northampton Counties
on the Eastern Shore. Before becoming a
YMCA board consists of 52 volunteer,
community leaders who oversee the
Bob Latham was elected chairman of USA
judge, Vincent was a partner in the firm
nonprofit association and its $75 million
Rugby—the national governing body of
Vincent Northam & Lewis in Accomac. He
annual operating budget.
the sport of rugby in the United States.
lives in Onley, Va. with his wife, Carol, and
their two teenage children.
Dennis P. Duffy joined
Jeffrey E. Oleynik of
the international law
Pierce, McLendon,
The Arizona Senate has confirmed
firm Baker Botts as a
Humphrey & Leonard
the reappointment of Nicholas J.
partner in its Houston,
in Greensboro, N.C.
Wallwork, a partner in the litigation
Tex. home office. Duffy
was ranked #1 in
department of Steptoe & Johnson in
is a labor and
Antitrust and #3 in
Phoenix, to the Arizona Water Quality
Litigation: General
Assurance Revolving Fund Advisory
employment lawyer.
Prior to joining Baker Botts, he was vice
Commercial, in the North Carolina
Board. Wallwork, who was nominated
president and associate general counsel for
rankings of the legal guide, Chambers
to the board by Arizona governor Janet
Time Warner Inc. He also served as general
USA, America’s Leading Business Lawyers.
Napolitano, was also recently elected
the board’s vice chairman. The board
counsel for the University of Houston
System and the UH main campus, and as
In an article entitled “Settling for More”
oversees the operation and activities of
the first general counsel of the U.S. Office
from IP Law and Business’ May 2006
the Water Quality Assurance Revolving
of Compliance in Washington, D.C., where
edition, John Osborn is featured for
Fund established by the State of Arizona
he was responsible for enforcing several
his new approach to patent litigation in
in 1986 to conduct remedial actions at
labor and employment laws that applied to
regards to pharmaceutical companies.
state groundwater contamination sites.
As general counsel for pharmaceutical
Wallwork is a past president of the State
Bar of Arizona and a member of the
UVA Lawyer • Fall • 2006
[69]
Class Notes
National Association of Bar Presidents.
David Quittmeyer of
as legislative director for the Virginia
He served two terms as a member
Hand Arendall has
Society for Human Resource Management
of the Arizona Judicial Council, the
been included in The
State Council, is Secretary of NOVA of
administrative oversight body of the
Best Lawyers of America
Virginia Aquatics, Inc., and is a member
Arizona Court system chaired by the
list for 2007 for his
of the Virginia Chamber of Commerce
Chief Justices of the Arizona Supreme
work in intellectual
Committee on Management Relations.
Court. He is editor-in-chief of the Arizona
property law.
Diane Gordon purchased a commercial
Environmental Law Manual. He also
presents and publishes widely in other
Jonathan S. Spaeth recently joined
kitchen facility in Upper Manhattan for
publications on a range of topics related
Raytheon Company as Senior Counsel of
her catering company, Entertaining Ideas.
to the environment, technology, and the
Washington Operations.
Clients include Apple Computer, Macy’s
practice of law.
Herald Square, and many law firms.
1985
1984
Kris Gledhill (LL.M.) is currently
David Champoux, a
combining an appellate litigation practice
partner at Pierce
in London, UK with Ph.D. study on
Atwood in Portland,
mental health law in Auckland, New
Maine, has been
Zealand, and part-time teaching at the
ranked among the best
University of Auckland Law School. He
attorneys in the nation
has just co-authored International Human
by Chambers and
Rights and Comparative Mental Disability
Partners, an independent British legal
Law (Carolina Academic Press) and had
research firm that publishes rankings of
recently started to edit and publish the
the leading global law firms based on client
Mental Health Law Reports and the Prison
interviews.
Law Reports in the United Kingdom
(Southside Legal Publishing, www.
southsidepublishing.co.uk.
Umit Herguner (LL.M.) and Burcak Unsal
(LL.M.) ’03 established the University of
Virginia Turkish Association in Istanbul,
where they are also serving on the board.
The association promotes the University,
guides applicants for undergraduate and
Jory Hingson Fisher (second from left)
graduate education, and actively recruits
and her daughter, Brett Elena, (far left),
eligible candidates for the Law School.
visited Marguerite Lloyd at her home in
Spelling Bee. Lloyd’s daughter, Cooper, (far
right) is in her first year at Stanford
University, and Hingson Fisher’s daughter
has started her freshman year at Virginia
Episcopal School.
Jr., a partner with the
law firm of Hunton &
Williams in its Atlanta
office, has been
appointed to serve on
the National Board of
the Smithsonian Institution. The
Smithsonian Institution is the world’s
largest museum and research complex.
Encompassing 18 museums, the National
Zoo and several research facilities around
the world, the Smithsonian Institution
houses more than 136 million objects
covering science, history, and the arts.
Ragland recently served as President
of the Atlanta Bar Association, the largest
voluntary bar association in the Southeast.
He is included in The Best Lawyers in
America, Atlanta magazine’s list of Georgia
Super Lawyers, Georgia Trend magazine’s
Legal Elite, Atlanta Business Chronicle’s
Who’s Who of Law and Accounting and
Chambers USA directory of leading lawyers
for business. The focus of his legal practice
is complex litigation, intellectual property,
D.C. while Brett was competing as a
regional finalist in the Scripps National
William M. Ragland
1986
and technology matters
David Baldacci’s newest novel, The
Erin Toll was featured in a Denver Business
Collectors, made its debut in October.
Journal article entitled: “Erin Toll Picked
While working on this novel and others
to Lead State Division.” Toll is director of
throughout 2006, Baldacci also delivered the
the Colorado Division of Real Estate where
commencement address at the Law School.
she oversees the insurance and real estate
divisions. Before her appointment to this
Karen S. Elliott has recently joined Keeler
position, she was deputy commissioner of
Obenshain’s employment and employee
compliance and market regulation for the
benefits group, located in Richmond,
state Division of Insurance.
Va. Her practice focuses on counseling
and trial work, particularly in the labor
and employment area. She also serves
[70]
UVA Lawyer • Fall • 2006
Class Notes
1987
Reunion Year
Services. Burack began his new post in
Church and State (2002), and numerous
Connie Renee Clay Woodard announces
November. Burack is a partner at Sheehan
articles in scholarly journals. Among the
the debut of the Christian women’s
Phinney Bass + Green in Manchester,
courses that he teaches are American Legal
magazine, Alberta Katherine. Woodard’s
where he specializes in environmental, real
Culture, Issues in Civil Justice, Civil Justice
web site states, “The magazine is for
estate, and corporate law. From 1988 to
Systems and the Constitution, and The
women who refuse to be ordinary and
1989, Burack served as a law clerk for then-
Constitution and Criminal Procedure.
who have decided to rise to the level of
Associate New Hampshire Supreme Court
excellence celebrated in Proverbs 31:10-31.
Justice David Souter. From 1982 to 1984,
La Fonte Nesbitt, a partner in Holland
The magazine is for every woman, whether
he served as legislative assistant for
& Knight’s Real Estate Section, has
single, married, widowed, or divorced.”
environmental matters for U.S. Senator
been named one of the Fifty Influential
Alberta Katherine covers a variety of topics
Gordon Humphrey.
Minorities in Business by the Minority
including health and wellness, financial
Business & Professionals Network. Nesbitt,
empowerment, the Christian faith, and
Hunter Carter reports that he is still a
the first attorney in private practice to
entertainment. Clay Woodard is both the
member of Arent Fox, practicing in their
be listed, was recognized during MBPN’s
founder and the editor in chief of Alberta
New York City office. He has been with the
eighth annual awards gala on Friday,
Katherine. For more information please
firm for over 16 years, and is the leader of
July 21, 2006 at the Mayflower Hotel
visit AlbertaKatherine.com.
their real estate litigation section as well
in Washington, D.C. The event honors
as the New York Loss Prevention Partner.
diverse, dynamic business professionals
Jean E. Minarick joined the Division
He has also just been named chair of
who have demonstrated strong leadership
of Investment Management of the U.S.
the committee on professional ethics of
in their industry and share a commitment
Securities and Exchange Commission as a
the New York Intellectual Property Law
to their community, business growth, and
Senior Counsel in November 2005.
Association. “On the personal front, I
professional excellence.
moved to New York from Washington,
Nesbitt practices in the commercial
Ridge Schuyler was featured in an article
D.C. in 2000. New York has had its share
real estate development and finance area,
in Charlottesville’s The Hook entitled
of excitement for me: I was evacuated
with a particular focus on affordable
“Water Man” that focuses on his recent
from Battery Park (where our apartment
housing and community development,
contributions to the Rivanna River
was) on 9/11, but was not injured. My
and public-private partnerships and
conservation. A member of the Rivanna
partner (of over six years now) is Cesar
privatization initiatives. He was Holland
River Basin Commission, Schuyler helped
Augusto Zapata, a designer of museum and
& Knight’s first Diversity Partner and
to raise enough funds for Albemarle
other exhibitions. We have traveled quite
currently serves as Executive Partner of
County to protect the Piedmont’s
a bit together, including many places in
the firm’s Washington, D.C., Northern
watershed.
Colombia, where he comes from.”
Virginia and Bethesda, Md. offices. Nesbitt
Melvin White of McDermott Will &
American University School of Public
Inc., and is a member of the Law Firm
Emery in Washington, D.C. has been
Affairs Professor Daniel Dreisbach was
Pro Bono Project Advisory Committee,
elected President of the D.C. Bar, the
awarded a prestigious fellowships from
Pro Bono Institute. His past community
nation’s second largest bar after California.
the Madison Program in American Ideals
involvement includes: member of the
White is only the second Law School alum
and Institutions at Princeton University
Leadership Greater Washington Class of
to serve as D.C. Bar President, the first
for the academic year 2006-2007. Only
2003, Alexandria, Virginia School Board,
being E. Barrett Prettyman ’53, who was
six nationally competitive fellowships are
Alexandria Economic Opportunities
the D.C. Bar’s first President.
awarded each year by the program.
Commission, and the Board of Trustees of
serves as a Board Member of Street Law,
Dreisbach, a professor of justice, law
Hopkins House Association in Alexandria.
and society in the Department of Justice,
1988
Thomas Burack has
been appointed by the
Governor as New
Hampshire’s
Commissioner of the
Department of
Environmental
Law and Society, is a William E. Simon
Carol Warren Simon writes she’s enjoying
Fellow in Religion and Public Life at
life in Denver, where she is very busy
Princeton University. Dreisbach’s principal
raising two lovely daughters, Isabel (10),
research interests include American
and Mia (7), and practicing part-time
constitutional law and history, First
as “counsel” to a boutique commercial
Amendment law, church-state relations,
litigation firm. She’s happy to be “home” in
and criminal procedure. He has authored
the Rocky Mountain west, where both she
or edited six books, including Thomas
and her husband, John, have roots.
Jefferson and the Wall of Separation Between
UVA Lawyer • Fall • 2006
[71]
Class Notes
1989
seminar as part of the organization’s
This past June, Chuck Rosenberg was
Maine Today reported that Ella Brown has
Board Leadership Series. The United
confirmed by the Senate to work as a U.S.
been appointed to the board of trustees of
Way Emerging Leaders Society provides
attorney in Alexandria, Va. Rosenberg
the Opportunity Farm for Boys to Girls,
educational and networking opportunities
previously prosecuted espionage and
located in New Gloucester, Maine. She is
for leadership donors under 45, including
other crimes in Alexandria and Norfolk,
currently an employment litigator and
management seminars, board leadership
served as counselor to FBI Director Robert
partner at Pierce Atwood’s Portland office
training, and other workshops and events.
S. Mueller III ’73 and former attorney
and lives in Falmouth with her husband
Kelly focuses on not-for-profit law, with
general John D. Ashcroft, and also worked
and four children.
particular emphasis on tax exemption
as a U.S. attorney in Houston.
issues such as unrelated business income
David N. Cohan has
tax, use of joint ventures and subsidiaries,
joined Gentry Locke
intermediate sanctions, private
Rakes & Moore in
foundation rules, corporate formation
Roanoke, Va., and will
and restructuring, board governance, and
work with the Firm’s
cross-border charity issues.
1991
Tim McEvoy is
concluding his tenure
on the Board of
Business and Real
Estate Groups. Mr.
Cohan most recently served as Assistant
year his wife Kristin and he welcomed
General Counsel for Boyd Corporation, a
their first child, a boy named Michael.
real estate developer/builder based in
Also, Schiumo was recently appointed
Virginia Beach, and has previously served
the Assistant Dean for Alumni Affairs at
as Chief Administrative Officer and in-
Fordham Law School in New York City.
house counsel for Wilderness Adventure at
The family resides in Manhasset, N.Y.
Eagle Landing, a corporation in the
hospitality and recreation industry.
Last month the
Federation of Israeli
Chambers of
Commerce published a
new book, Customs &
International Trade
Law written by
Avigdor Dorot (LL.M.)
The 750-page textbook covers the WTO,
customs laws and administration, and
other topics. Dorot heads the indirect
taxation and international trade
department at Sadot & Co. in Israel. He
represents the firm’s clients before the tax
authority in customs issues, such as
classification of goods for customs
purposes, valuation of goods, seizure of
goods and offences relating to importation,
and also in disputes relating to value added
tax (civil assessments and criminal
offences).
Sharon M. Kelly, a partner in Hodgson
Russ’s Nonprofit Law and Health Law
Practice Groups, was a featured co-speaker
at a United Way Emerging Leaders Society
[72]
UVA Lawyer • Fall • 2006
Directors at Odin,
Michael Schiumo reports that this past
1990
Feldman & Pittleman,
a 50-attorney firm in
Fairfax, Va. He was
selected as one of Virginia’s “Legal Elite”
for 2005 by Virginia Business Magazine and
recently appeared on the Dan Abrams
Show on MSNBC.
Jeff Stredler is a partner with Williams
Mullen in Norfolk, Va. The primary focus
James H. Barker reports he is still
of his practice is commercial litigation.
practicing telecommunications law with
Stredler was recently named to the
Latham and Watkins in Washington, D.C.
Executive Committee of the Norfolk and
(15 years!). He has four kids now, ages six
Portsmouth Bar Association.
and under.
Mike Whitticar is now the head litigation
Trevor Chaplick was featured in an article
partner for the Fairfax, Va. based
headlined “Deal-Making Attorneys,” by
intellectual property boutique of Jagtiani
the Hellenic News Association. He was
& Guttag. He is practicing in the areas of
recently named one of the D.C. Area’s
patent, trademark, copyright, trade secrets,
top-ten deal-making attorneys by Legal
and related employment and commercial
Times and works as a corporate lawyer
litigation. Whitticar also does local counsel
assisting company issues such as venture
work in the “rocket docket” assisting out-
capital funding, initial public offerings,
of-state colleagues and law firms. Whitticar
and mergers and acquisitions.
and his wife Teri are still happily married
after almost 19 years and are blessed with
Michael Herring has recently been elected
three happy, healthy children. Max is 14,
Commonwealth’s Attorney for the City of
Ford is 12, and Annabelle is 8. They are
Richmond. In an April interview posted
very tall like their father and participate in
online at Richmond.com, Herring discusses
basketball, football, lacrosse, swimming,
his plans for Richmond, specifically in
track and field, paintball, cotillion,
building the relationship between the CA’s
orchestra, and (for Annabelle) ballet and
office and the police department, returning
horseback riding.
to “anchor prosecution,” and restoring the
public’s confidence in the judicial system.
Class Notes
1992
Reunion Year
the U.S. Army Reserve, was called to active
and their four children have happily settled
The Honorable William “Bud” Arnot III
duty in support of operations in Iraq and
into the northern Baltimore neighborhood
(LL.M.) along with his firm, Winstead
Afghanistan.
of Roland Park. Scott can be reached at his
Sechrest & Minick, participated in a
office at cscott@gfrlaw.com.
seminar entitled “Forensic Science and
The Florida Bar has announced the
Medicine Seminar for Lawyers and
reappointment of Theodore W. Small
Tracy Synan moved to Atlantic Beach, Fla.
Nurses.” University professor emeritus
for a two-year term to the ABA House
this past March and has quit practicing law
Henry Abraham was the keynote speaker
of Delegates (Florida Bar Delegate) and
in order to pursue real estate. After nine
and reflected on the history and ethics
a presidential appointment to a three-
years of marriage, Synan and her husband
of appointments to the Supreme Court.
year term to the Judicial Nominating
Eric Nottmeier are awaiting the birth of
A Houston Firm, Winstead Sechrest &
Procedures Committee. Small moved
their second daughter in September.
Minick only interviews three out-of-state
back to his hometown of Deland, Fla. in
law schools, and Virginia is one of them.
2004 and opened his own law practice,
Stewart Verdery has launched the
primarily representing local businesses in
Monument Policy Group as a new
Thomas Hogan has
employment law, contract, and business
consulting and lobbying firm in
joined Lamb McErlane
litigation matters.
Washington. Verdery says he is “excited
in West Chester, Penn.
about the challenge of building a new
as an associate in the
John West was elected to a three year
venture and having the continued
Litigation and Post-
term on Troutman Sanders’ Executive
opportunity to participate in some truly
Trial and Appellate
Committee. West continues to practice
exciting policy issues in Washington.
Law Practice Groups.
in the areas of civil and criminal
I expect the firm to grow in size in the
Hogan concentrates his practice in the
investigations, administrative law, and
coming months and years, but it will
areas of civil litigation, internal
health care law in Richmond, Va.
remain a small firm dedicated to providing
investigations, and matters of fraud. He
personal attention to each client and
also counsels corporations regarding
Michael Wu and his
substantive experience in areas I know well,
ongoing compliance and risk management
wife, Tara O’Brien Wu,
such as homeland security and technology/
issues. A former federal prosecutor and
welcomed their second
telecommunications.”
assistant district attorney for Chester
child, Michael Richard,
County, Hogan also has extensive
on September 22,
experience in matters involving white
2005. He joins big
collar crime, corruption, terrorism, drug
sister Erika (3). The Wu family lives in
trafficking and violent crime, including
McLean, Va.
of their third daughter, Alivia Rosa, born
served as a national trial advocacy
New York Life
Insurance Company
announced that its
Board of Directors has
elected Theodore A.
Mathas a member of
the Board, with the
title of vice chairman
of the board. Mathas is also being
promoted to chief operating officer of the
company.
Allison M. Ritter is the managing partner
of Ritter, Rypel & Yasin, a firm specializing
in criminal defense in Milwaukee, Wis. Her
husband, Michael Gould ’94, a captain in
Lisa Foeman Boatwright and her
husband, William, welcome the addition
appeals in these matters. Hogan has also
instructor for the Department of Justice.
1994
on November 4, 2005. She joins big sisters,
1993
Alexandra Jai (6) and Aaryn Peyton (4).
Todd Peppers has begun his fourth year
Lisa is Assistant Director of Human
of teaching in the Department of Public
Resources for Stafford County (VA) Public
Affairs at Roanoke College in Salem,
Schools.
Va., and he remains “of counsel” with
the Atlanta, Ga. law firm of Hawkins &
Michael Gould, a captain in the U.S.
Parnell. Peppers is the author of a book
Army Reserve, was called to active duty
on Supreme Court law clerks, titled
in support of operations in Iraq and
Courtiers of the Marble Palace: The Rise of
Afghanistan. His wife, Allison M. Ritter
the Supreme Court Law Clerks (Stanford
’92, is the managing partner of Ritter,
University Press, 2006).
Rypel & Yasin, a firm specializing in
criminal defense in Milwaukee, Wis.
Gordon, Feinblatt of Baltimore, Md.
recently elected Christopher D. Scott as
a member of the firm. He concentrates
his practice in the fields of taxation,
unincorporated business associations, and
estate administration. Scott, his wife Susan,
UVA Lawyer • Fall • 2006
[73]
Class Notes
judiciary system that should hear its
of BSIS, a nationwide immigration law
first court-martial cases in the coming
firm that he founded, in both Southern
months. Helton and others have been
California and Washington, DC.
traveling around Afghanistan training the
Afghan military commanders on their new
Matt Cooper has recently been named
military justice system.
Senior Vice President & General Counsel
for Genworth Financial’s Long-Term
Steven F. Pockrass has
Care Insurance division in Richmond,
Bob Grohowski and Glen Guymon ’01
joined the Indianapolis
Va. Cooper and his wife Kate reside in
recently traveled to India where they
office of Ogletree,
Richmond with their two children, Ned,
attended a series of meetings with the
Deakins, Nash, Smoak
(6), and Virginia, (3).
Indian Ministry of Finance to discuss the
& Stewart as a
regulatory and tax issues facing foreign
shareholder.
institutional investors in India.
Elizabeth Engle has left the law firm
she started in 2003 after having been in
small firms since 1996, and begun work
The U.S. General Services Administration
Kraig James Powell writes that since 2001
in Rosslyn, Va. as an associate general
appointed John Phelps (LL.M.) as Chief
he has practiced municipal and land use
counsel at The Conservation Fund (www.
of Staff. Phelps most recently served as
law at Tesch Law Offices in Heber City and
conservationfund.org), a non-member
Chief Operating Officer of the Arizona
Park City, Utah.
organization devoted to preserving land
Red Cross, where he was responsible for
through brokering and implementing
operations of the sixth-largest American
James “Buddy” and Catherine Robinson
deals with landowners and conservation
Red Cross chapter in the United States.
are moving to Far Hills, N.J. Buddy has
groups. Engle will be practicing real estate
Previously, Phelps was the Deputy Director
been transferred from AT&T’s mergers and
transaction law as well as some minor
of the Arizona Office of Homeland
acquisitions law group to the international
other general counsel work.
Security and led the creation of systems
group based in Bedminster, N.J.
and processes within the office to provide
Leezie Kim was
more effective and efficient support to
Last year, Ernst H. Rosenberger
featured in the March
hundreds of first responder organizations.
(LL.M.) was admitted to the Hanseatische
2006 edition of
Mr. Phelps also had a distinguished career
Rechtsanwaltskammer, the Bar of
Arizona Women as one
in the military that included serving as
Hamburg, Germany. After 32 years on the
of the five female
a Colonel in the U.S. Army, as the Chief
bench, he is enjoying an active litigation
attorneys who are
of Staff for U.S. Army Legal Services
practice with Stroock.
among Arizona’s best
Agency and as a professor and assistant
and brightest. She is
department head for Administration in
Doug Timmer has joined Northwestern
currently a partner in Quarles & Brady
the Department of Law at the U.S. Military
Mutual in Milwaukee, Wis., as Assistant
Streich Lang’s Corporate Services Group in
Academy at West Point, N.Y.
General Counsel – Investments.
Phoenix, Ariz. Also noted to be the first
Asian-American partner in the firm’s
William N. Wofford of the Hutchison Law
Group in Raleigh, N.C. has recently been
honored and recognized by his peers in
The Best Lawyers in America list for 2007.
history, Kim strengthens the firm with her
1996
After five years in the legal department of
America Online, Seth Brown writes he
is taking the plunge into the non-profit
1995
world and joining the Howard Hughes
Allen Helton is a Lieutenant Commander
Rosanna Esposito and he remain happily
in the Navy Judge Advocate General Corps
married and live in Arlington, Va. Brown
and has recently joined with attorneys
misses Bodo’s Bagels!
Medical Institute in Chevy Chase, Md.
from other branches of the service to
[74]
organize a team that assists the Afghan
Both Cory Caouette and his wife,
government with developing an Afghan
Catherine ’04 have relocated from the
code of military justice. They have also
Washington, D.C. area to San Diego.
assisted with the creation of a military
Caouette continues to operate offices
UVA Lawyer • Fall • 2006
expertise in representing technology firms
in international mergers and acquisitions.
Jody Ruiu-Geisert and her husband Steven
were married on December 3, 2005 and
have settled in Hoboken, N.J. They are
happily awaiting the arrival of their first
child in November of 2006. Jody currently
serves as Director of Data Protection and
Privacy at American Express and Steven
is Vice President of Corporate Retirement
Products at UBS Financial Services.
Class Notes
Brad Van Horn and his wife, Sherri,
systems, co-branded and corporate card
a clinical social worker practicing in New
announce the birth of a healthy baby
programs, retail and institutional product
York City. The Springer family resides in
boy—Michael Christian Van Horn—
development and distribution, electronic
Maplewood, N.J.
May 13, 10:07am, 6lbs, 3oz, 19 inches.
banking and commerce, digital signatures,
EE Times Online announced that Jing
and capital markets. Feder and his wife,
Lori D. Thompson was named “Young
Emily Clayton Feder, live in Arlington, Va.
Lawyer of the Year” by the Roanoke Bar
Wang (LL.M.) has accepted a position
Association during its 2006 Banquet.
as senior vice president and chairman
Emily Giffin was featured in The New York
The award recognizes an outstanding
of QUALCOMM Asia Pacific, a leading
Times on July 2, 2006 about her newest
young lawyer who has demonstrated
developer and innovator of Code Division
novel, Baby Proof. (see In Print section)
dedicated service to the community
Multiple Access and other advanced
and the legal profession. Thompson
wireless technologies. Wang will also
Samantha Pelosi joined Ruesch
is a partner at LeClair Ryan where she
develop and lead an Asia Pacific Strategy
International, Inc., a provider of
focuses her practice on commercial
Committee within QUALCOMM’s global
business-to-business payment solutions
litigation and bankruptcy. She serves on
business development organization.
headquartered in Washington, D.C., as
the Board of Governors of the Virginia
director of corporate compliance. She
Bar Association and as Chair of The
Tahesha (Wright) Way has recently been
ensures the corporation’s compliance with
Virginia Bar Association Young Lawyers
sworn into the Passaic County, N.J.’s all-
U.S. and foreign anti-money laundering
Division. Thompson is in her third year
Democratic board’s vacant seat, making
and economic sanctions law. Pelosi
of service on the Board of Directors of the
her the youngest freeholder in the county.
currently resides in Arlington, Va.
Roanoke Bar Association and is a former
Way currently lives in Wayne, N.J. with her
president of the Roanoke Chapter of the
husband, Charles, and her three children.
Brooke E. Pietrzak became a partner in
Virginia Women Attorneys Association.
NorthJersey.com featured a story on Way on
the New York office of Dorsey & Whitney
She received the 2002 Blue Ridge Legal
July 6: “New and youngest freeholder.”
in January. Pietrzak is a member of the
Services Pro Bono Award. She is also a
firm’s trial department, with a practice
member of the American Bar Association,
that focuses on securities law. She reports
the American Bankruptcy Institute, the
that she’s still running “pretty much every
Virginia State Bar, and the Virginia Women
day” and continuing to take her “adventure
Attorneys Association. Thompson and her
travel” trips.
husband, Mark, have two children, Sidney
1997
Reunion Year
David Cappillo has been named partner
in the Boston office of Goodwin Procter.
Capillo will represent entrepreneurs, startups, venture capital and private equity
firms, and private and public companies
in a variety of industries, including media,
communications, hardware, software,
information technology services, and life
sciences. He counsels clients on formation
issues, corporate finance matters, equity
fundraising activities, mergers and
acquisitions, corporate governance, and
strategic licensing and technology transfer
transactions.
Gregory S. Feder joined the finance
department of Latham & Watkins as of
counsel, resident in the firm’s Washington
D.C. office. Feder provides state and federal
regulatory counseling and transactional
representation of financial institutions,
financial services firms, and non-financial
companies in the areas of privacy and data
(5) and Caleb (2).
Elizabeth ’98 and Tony Salgado welcomed
their first child and son, Robert Anthony
Salgado, on November 7, 2005. The family
resides in Alexandria, Va.
Mario Springer was married to Leslie
(Sadoff) Springer in Ithaca, N.Y. on July
16, 2005. In attendance at the wedding
were John Brownlee, Rick Denhup, Greg
Feder and wife Emily (Sisler) Feder, Riche
McKnight, and Jeannine Miller ’96. The
young couple was about one year late in
submitting this announcement, but would
like to add that on July 22 they became the
proud parents of twin daughters, Nadia
Inés and Sadie Diana—who weighed in
at 5 lbs. and 5.75 lbs., respectively. Mario
is the Real Estate Counsel at Automatic
Data Processing, Inc. in Roseland, N.J.,
(mario_springer@adp.com), and Leslie is
1998
Mark H. Churchill is a partner in the trial
department at McDermott Will & Emery,
in Washington, D.C. On January 31, Mark
and his wife, Betsy, were blessed with an
addition to their family, Grant Thomas
Churchill.
Hermes Sargent Bates
named Amy Davis
Benavides partner in
the Dallas, Texas law
firm. She focuses her
practice on
commercial litigation,
particularly director
and officer and other professional liability,
securities and intellectual property issues.
security, corporate governance and internal
D Magazine named Benavides One of
controls, anti-money laundering, payment
“Dallas’ Best Lawyers Under 40” in May,
UVA Lawyer • Fall • 2006
[75]
Class Notes
just after College of the State Bar of Texas,
Following graduation, Yoel Kranz married
in China and elsewhere around the world.
an organization that acknowledges
Sarah Baath of Malmo, Sweden. After
Prior to joining USTR, McCoy was with
attorneys who have made extraordinary
living in Jersualem, New York, and London
the law firm of Covington & Burling in
educational efforts to keep their skills and
over six years, they “have finally settled
Brussels, Belgium,and Washington, D.C.,
knowledge at their peak, selected her as a
down in Swampscott, Mass. on Boston’s
where his practice included international
member. In her spare time, Benavides
North Shore. We have four incredible
intellectual property enforcement,
continues to collect (and sample) French
children (Jacob, Miriam, Hanna, and Alex)
international trade law, and other matters.
red wine.
and are active in our local community. I
have just been elected partner at Goodwin
Gregory Phillips has joined the business
Hunton & Williams announced that
Procter in Boston, working primarily in the
litigation and product liability groups of
Edward Elmore was elected partner of the
general corporate and structured finance
Cleveland firm, Ulmer & Berne. Phillips
business practice group in the Richmond
practice areas.”
will concentrate specifically on complex
office. In this new position, he will focus
commercial litigation. He previously
on public and private securities offerings,
Brian Mangino has become a partner with
practiced with Calfee, Halter & Griswold in
mergers and acquisitions, and general
Fried, Frank, Harris, Shriver & Jacobson,
their Cleveland office.
corporate matters with a particular
in the firm’s Washington, D.C. office. He
emphasis on real estate capital markets,
focuses his practice on private equity
This past spring,
representing both real estate investment
transactions and mergers and acquisitions
Curtis Romig was
trusts and investment banking firms.
as he represents both private equity firms
made a partner by
and private corporations.
Powell Goldstein, in
Michael R. Fassler has recently left his
their Atlanta office. His
position as a senior associate at Nossaman
For Craig May and his wife, Dianna, 2005
practice focuses on
Guthner Knox & Elliot in San Francisco
was a busy year. They welcomed their first
commercial litigation,
to accept a position as Assistant General
child, Harris, in March. Dianna finished
particularly in the
Counsel of Real Estate with the Presidio
law school at the University of Denver in
energy and construction sectors. He has
Trust, a federal corporation which
May. In August, they bought a new house,
also served as national discovery counsel to
operates and maintains the Presidio of San
and Craig was made partner at Wheeler
a major U.S. retailer. Jennifer (Murphy)
Francisco.
Trigg Kennedy in the fall. He enjoys his
Romig continues to teach legal writing at
civil litigation practice, but he and his wife
Emory and to coach practicing lawyers on
“love being parents!”
their writing skills. Curtis and Jennifer are
Wesley Fields received the Young Lawyer
of the year Award from the Kansas City
the parents of three-year-old Laura and
Metropolitan Bar Association. Fields
Stanford McCoy has been appointed
practices real estate law with Bryan Cave
Chief Negotiator for Intellectual Property
in Kansas City, Mo., and is active in
Enforcement in the new Intellectual
Elizabeth and Tony ’97 Salgado welcomed
community service.
Property office of the United States Trade
their first child and son, Robert Anthony
Representative. McCoy previously served
Salgado, on November 7, 2005. The family
In addition to serving as executive director
as an Associate General Counsel in the
resides in Alexandria, Va.
of Georgia Lawyers for the Arts, Lisa
USTR Office of General Counsel. He is an
Fortune Moore is the principal of her
experienced trade litigator and served as
Michael Solecki and his wife, Katherine,
own firm, the Moore Firm, where she
principal advisor to U.S. trade negotiators
welcomed their first son, Charles Kazmier,
specializes in entertainment, intellectual
on intellectual property trade matters,
on April 6.
property, licensing, and visual arts law.
including the Agreement on Trade-Related
She has recently become an adjunct
Aspects of Intellectual Property Rights,
Valerie Wagner Long
faculty member at the University of
the intellectual property provisions of
joined Williams
Georgia School of Law. She is chair of the
U.S. free trade agreements, and the annual
Mullen in
entertainment and sports law section, State
“Special 301” review. He has represented
Charlottesville as a
Bar of Georgia, and was recently voted
the United States as lead attorney in both
partner in the real
the 2005 Outstanding Young Nonprofit
WTO and North American Free Trade
estate section where
Attorney by the American Bar Association.
Agreement dispute settlement proceedings.
she will focus on land
He has also been extensively involved
in U.S. Government efforts to improve
enforcement of intellectual property rights
[76]
UVA Lawyer • Fall • 2006
one-year-old James. They live in Atlanta.
use matters and real
estate transactions. Long is also a member
Class Notes
of the Virginia State Bar, the Charlottesville­
defendants charged with a wide range of
Albemarle Bar Association, and the
cases including fraud offenses, drug
Virginia Bar Association.
offenses, immigration matters, and
firearms offenses. During that time, he
Mike Webber has moved to GTC Law
successfully argued cases in front of the U.
Group & Affiliates in Hingham, Mass.
S. Court of Appeals for the Eleventh
Circuit. From 2001 to 2003, Rankin
practiced as a corporate litigation associate
1999
with Skadden, Arps, Slate, Meagher &
Previously an associate
for Maynard Cooper &
Gale, Janell Ahnert
has recently become a
shareholder in the
firm’s Birmingham
office. She currently
practices in the firm’s
labor and employment group.
Meredith (Paul) Burbank and her
husband, Matt, welcomed their second
child Molly Grace Burbank on March 15,
2006. They also have a two-year old son,
Davis. The Burbanks live in Charlotte, N.C.
Michael C. Rakower received the New York
State Bar Association’s Outstanding Young
Lawyer of the Year Award on January 25.
The award recognizes an attorney who has
practiced for less than ten years and has a
distinguished record of commitment to the
traditions of the Bar through public service
and professional activities that benefit
the public as well as the profession. He is
currently a solo practitioner in Manhattan
concentrating on federal litigation and
commercial disputes.
Flom.
Lt. Danielle Kamensky and Lt. Bill Rust
had a reunion in Baghdad, Iraq in January
Riley Ross, an Assistant Federal Public
Defender, recently won a major case that
freed a man who had been imprisoned
for five years without ever having a trial.
The story was featured in an article in the
Virginian-Pilot headlined “Suspect in Bank
Robberies Freed After Five Years in Jail.”
In a July story posted on LegalTimes.
com, Mark Stancil was recognized as one
of several attorneys launching Supreme
Court litigation clinics aimed to give
students more exposure and experience
with Supreme Court litigation. Stancil is
teaching and supervising a clinic at the
Law School. In the meantime, Stancil will
be moving from Baker Botts to the smaller
appellate firm of Robbins, Russell, Englert,
Orseck & Untereiner in Washington, D.C.
On February 11, Jessica (Aldock) Tave
and her husband Steven Tave ’00 were
thrilled to welcome their second daughter,
Alyssa Hannah Tave. Big sister Samantha
(2 ½) is very excited to have a new baby in
the house.
when their six-month tours overlapped.
Each serves as a Navy Judge Advocate with
TF-134 Detainee Operations in Iraq.
Jason Kirkham and his wife, Donna,
celebrated the birth of their son, Thomas
Steven, on December 16, 2005.
Jeffrey Prowda and his wife, Lesley,
welcomed their first child, Madison
Belle, into the world on November 23,
2005. Jeffrey practices corporate law as
an associate with the law firm Goodwin
Procter in Boston, Mass.
Steven Tave and his wife Jessica (Aldock)
Tave ’99 were thrilled to welcome their
second daughter, Alyssa Hannah Tave, on
February 11. Big sister Samantha (2 ½)
is very excited to have a new baby in the
house.
After serving for three years at the
Department of Justice, most recently
as Deputy Associate Attorney General,
overseeing the work of the Civil Rights
Division, the Tax Division, and the Office
of Justice Programs, Gordon Todd is now
Mark P. Rankin has
serving as law clerk to Justice Samuel
joined the Carlton
2000
Fields’s Tampa, Fla.
Eve Burton and her husband Jeremy are
Alexandria, Va., with his wife, Kate, and
office as an attorney in
proud to announce the birth of their first
their 1-year old son, Chase.
the white collar crime
child, Hailey Elyse Burton, in March.
and government
Eve is a senior associate in the litigation
In 2003, Jud Turner and his wife,
investigations practice
department in Denver at Holme Roberts
Courtney, moved back to Georgia where
group. Prior to joining
& Owen.
he took the position of General Counsel at
Alito on the Supreme Court. Todd lives in
Carlton Fields, Rankin was an Assistant
the Georgia Department of Education. In
Federal Public Defender with the Federal
Dan Domenico was appointed Solicitor
March of 2005 they were blessed with their
Public Defender’s Office, where he served
General of Colorado.
first child, Townsend, and were expecting
as a trial and appellate counsel to criminal
a little girl in September. Last year Turner
UVA Lawyer • Fall • 2006
[77]
Class Notes
2003
left the Department of Education to serve
Jeff Roberts has
as Deputy Executive Counsel to Governor
recently joined the
After clerking for two
Sonny Perdue.
business group at
federal judges and
Baker & Hostetler of
working on civil rights
Matt Wilson recently resigned from
Columbus, Ohio.
cases in Baltimore,
litigation practice at Jones Day’s
Before joining Baker &
Md. as the Murnaghan
Columbus, Ohio office to switch to
Hostetler, Roberts was
Appellate Advocacy
plaintiffs’ work. He now handles class
an associate with
Fellow at the Public
and collective action cases, focusing on
Justice Center, Roscoe
Vorys, Sater, Seymour and Pease.
consumer and wage/hour claims, with
Jones, Jr. has been tapped to serve as
the firm David P. Meyer and Associates
counsel to Sen. Patrick Leahy (D-VT) on
in Columbus. Matt and his wife Holly
welcomed their first child, a son, Caleb
Marshall Wilson, on November 21, 2004.
2002
Reunion Year
W. Lukas Berger (LL.M.) moved from
Frankfurt and Vienna to his hometown,
Salzburg, where he joined his father’s
private law practice. He mainly works in
2001
the corporate fields for law, competition
Kate Buchanan has been appointed
law, bankruptcy law, trust and estates, and
Interim Associate Dean for Alumni and
civil litigation. He also earned his private
Development at Duke Law School. She lives
pilot license and flies—when work lets
in Durham, N.C. with her husband, Phil,
him—all over Austria and the neighboring
and her sons, Blake (6) and Holden (3).
countries.
Chris Chorba and
Norrinda Brown, along with her mother,
his wife, Christine,
Linda Hinton-Brown, was featured in
announce the
an article on Philadelphia Inquirer.com
birth of their baby
regarding the success of their bakery,
boy, Alex, on
Brown Betty Dessert Boutique. While
March 27.
helping her mother, Norrinda continues
Forrest Christian has accepted a position
the U.S. Senate Judiciary Committee.
E. Joanna Nelson recently joined Cozen
O’Connor’s Houston office as an associate,
practicing in the insurance department.
Prior to joining the firm, Nelson was an
associate with Phelps Dunbar in Houston.
Burcak Unsal (LL.M.) and Umit Herguner
(LL.M.) ’85 established the University of
Virginia Turkish Association in Istanbul,
where they are also serving on the board.
The association promotes the University,
guides applicants for undergraduate and
graduate education, and actively recruits
eligible candidates for the Law School.
to work with a Center City law firm in
2004
Philadelphia.
William F. Abely II and Claire S. Bishop
were married in Boston on June 3. The
with the Criminal Section of the Civil
Rights Division in the Department of
Matthew Burton returned from nine
ceremony took place at St. Stephen’s
Justice, where he will prosecute cases
months in Iraq working as Deputy Legal
Church, with a reception following at
involving hate crimes, human trafficking,
Advisor, then Legal Advisor in the U.S.
the Harvard Club of Boston. Among
police brutality, and violence directed at
Embassy in Baghdad. He is now back at
those in attendance were Jeffrey Yarbro,
health care providers.
the Department of State, Office of the
Tyler (Chance) Yarbro, Brian Barry,
Legal Advisor, working on international
Mike Signer, Rob Johnston, Tom Getz,
Glen Guymon and Bob Grohowski ’94
environmental legal issues.
Jason Hazelwood, Chris Jarosh, Scott
Thompson, Jon Altschul, Billy Wynne,
recently traveled to India where they
attended a series of meetings with the
Paul H. DeLaney was promoted to
Pete Simons, Heather Carlton, Thomas
Indian Ministry of Finance to discuss the
Deputy Chief of Staff at USTR this past
Windom ’05, Jen Crone ’05, and Jim Abely
regulatory and tax issues facing foreign
March. Just recently, when former U.S.
’09. The couple resides in Boston where the
institutional investors in India.
Trade Representative Rob Portman was
groom is an associate with Ropes & Gray
confirmed as the new Director of Office
and the bride is an associate with Foley &
Bich-Nga H. Nguyen is now practicing for
of Management and Budget, DeLaney was
Lardner.
Kaye Scholar’s New York office where she is
asked to stay on at USTR as Acting Chief
focusing on trusts and estates.
of Staff by the U.S. Trade Representative
Jennifer M. Ball has joined Hutchison Law
nominee Susan Schwab.
Group in Raleigh, N.C. as an associate in
the corporate practice group, advising and
assisting clients in all legal aspects of general
[78]
UVA Lawyer • Fall • 2006
Class Notes
business matters. Prior to joining the firm,
buildout and in the negotiation of retail,
On January 10, Christopher Terhune
Ball was an associate with Richards, Layton
office and industrial leases. He also
welcomed son Gabriel Christopher
& Finger, in Wilmington, Del.
practices zoning related litigation,
Samuel, in Charlottesville, Va. He joins
including prosecuting and defending
big sister, Isabella. Chris has also accepted
Catherine Cauoette and her husband
administrative appeals at the trial and
an associate’s position within the energy
Cory ’94 have relocated from the
appellate court level.
department of Vinson & Elkins in
Washington, D.C. area to San Diego.
Washington, D.C.
Will Tysse married Jill Elizabeth McCarthy
Daryl Hecht (LL.M.) has been appointed
on August 1, 2005 in Cork, Ireland. They
Samson Vermont (LL.M.) just started as
to serve as a justice on the Iowa Supreme
are expecting their first child in December.
an Assistant Professor of Law at George
Court after serving on the Iowa Court
Mason University School of Law, in
of Appeals since 1999. Before joining the
Martha Susan Van Hoy
court of appeals, he worked in the private
is a new associate at
practice of law in Sioux City for 22 years.
Buckingham, Doolittle
Rich Wetzel has moved to Hunton &
& Burroughs in their
Williams in Richmond, Va.
Karen (Pape) Luftglass joined the
Columbus, Ohio
litigation department of Davis Polk &
office. She previously
Wardwell in New York in April. Luftglass
worked as a business
was formerly in the litigation department
litigation associate at
at Orrick Herrington & Sutcliffe.
Thompson Hine.
Arlington, Va.
2006
In the June/July
edition of Virginia
Lawyer, Ryan T.
J. Corey Reeder has
Almstead was cited as
joined McNees Wallace
& Nurick’s office in
State College, Penn.
Reeder has been with
McNees Wallace &
Nurick since 2004 in
the Harrisburg office,
practicing in the Asset Planning and
Federal Taxation Group. His focus is on
estate planning, charitable planning,
special needs planning, and estate
administration.
Sean S. Suder, an
attorney at Keating
Muething & Klekamp
recently was appointed
to serve a five-year
term on the City of
Cincinnati’s Board of
Building Appeals. The
City of Cincinnati’s Board of Building
Appeals reviews and decides appeals from
orders of the City of Cincinnati Director of
Buildings and Inspections. The Board is
instrumental in helping to ensure the
safety of all buildings in the City. Suder
practices all aspects of real estate, land use
and zoning law. He has assisted clients in
the development process from concept to
the recipient of the
2005
Oliver White Hill Law
David Greene and Caroline Barber were
Student Pro Bono
married on October 1, 2005. David is
Award for his work
currently a corporate associate at Latham
with low-income clients. His work
& Watkins in Washington, D.C. After
included assisting patients through a Legal
spending just under a year at Covington &
Aid Justice Center program at Western
Burling, Caroline has accepted a position
State Hospital. Almstead plans to continue
as an Assistant Commonwealth’s Attorney
to work for legal aid in upstate New York.
in Alexandria, Va.
Soohye Cho (LL.M.) has entered into the
Myles Roberts completed his clerkship
J.S.D. program at University of Illinois at
with Justice Henry duPont Ridgely at the
Champaign-Urbana, IL.
Delaware Supreme Court this August
and is now working as an associate at
Roshida A. Dowe has joined the law firm
the Charleston, W.Va. office of Steptoe
of Bricker & Eckler as an associate in their
& Johnson. He is in the banking and
Columbus, Ohio office. Before joining
commercial transactions section of the
Bricker & Eckler, Dowe was a personal
business department.
financial analyst for Primerica Financial
Services and managing partner of Pis-Aller
Stephanie Shemin works as a litigation
Marketing and Promotional Consulting.
associate at Simpson Thatcher & Bartlett
in New York. She recently published a
Jill M. Fleming has recently joined Thomas
note, “The Political Constitutionality of
Coburn as an associate in the firm’s St.
Intelligent Design,” in the George Mason
Louis office.
Law Review. Stephanie also spoke at a
symposium at the University of Richmond
on intelligent design. She became “engaged
to Koby Feingold when he surprised me
with a weekend trip to Paris!”
UVA Lawyer • Fall • 2006
[79]
Class Notes
Leslie Kendrick won the Law School’s
2006 Reunions
Judge John R. Brown Scholarship award
for legal writing. She won for her paper,
published as a note, on criminally
instructional speech. Professors Vince Blasi
and Lillian BeVier wrote letters supporting
the nomination.
Each May the Law School Alumni Association hosts Law Alumni
Weekend in Charlottesville. We asked the Alumni Association to provide us with some
KEY numbers and facts about the weekend. We share them here, along with some
photos of the weekend’s events:
❱› Total Attendance
966
intern.
7,152 miles (from Dubai)
❱› Number of simultaneous parties on Saturday night 10
❱› Pounds of pork BBQ consumed Saturday afternoon 112
Birch O.M. McMullin has recently joined
❱› Bottles of Virginia Gentlemen Bourbon consumed by 2 busloads of guests on the
Hoo Knew Tour 1.5 gallon bottles
Thomas Coburn as an associate in the
❱› Number of guests who ended up in the fountain at the after party
firm’s St. Louis office.
❱› Number of made-to-order omelets consumed at the Sunday farewell brunch
(we didn’t keep track of the mimosas)
Hiroki Moriyama (LL.M.) has enrolled
❱› 92% said it was likely they would return
Won Seok Kwak (LL.M.) has joined
Susman & Associates in Chicago, Ill. as an
in the two year MBA program at Kellogg
School of Management at Northwestern
University.
❱› Most # of miles traveled to get to LAW
❱› Largest % of returning classmates
❱› Most donors
Class of ’61
Class of ’86
❱› Largest participation in reunion gift
Lars Rueve (LL.M.) has joined Sullivan &
Cromwell as an associate in their New York
❱› Old friends and classmates reunited
office.
Ignacio Salvarredi (LL.M.) joined Cleary
Gottlieb Steen & Hamilton in New York
as an international lawyer in the Latin
America department. He is concentrating
his practice in corporate law and securities.
Robert Schwartz was recently featured in
inter alia, a new creative journal for UVA
Law students, for his photograph entitled
“Down a Country Lane.” Schwartz, his
wife, Amy, and their two daughters moved
to London in October, where Schwartz is
working for Allen & Overy.
Nimer Sultany (LL.M.) is pursuing his
academic studies in the S.J.D. program at
Harvard Law School. a
[80]
Class of ’56
Class of ’56
too many to count
❱› Largest Gift (with almost $1.1 million)
UVA Lawyer • Fall • 2006
2
325
Class Notes
UVA Lawyer • Fall • 2006
[81]
In memoriam
Risque W. Plummer ’33
Pensacola, Fla.
August 16, 2005
Ira L. Burleson ’48
Birmingham, Ala.
August 13, 2006
Jack D. Falleur ’51
Fairborn, Ohio
July 9, 2006
Matthias J. Reynolds ’57
Manchester, N.H.
April 14, 2006
John A. Paul ’34
Highlands, N.C.
December 30, 2005
John W. Hughes ’48
Lake Forest, Ill.
January 27, 2006
Harry J. Hicks ’51
Virginia Beach, Va.
July 24, 2006
Richard K. Swartling ’58
Venice, Fla.
April 6, 2006
Thomas Marshall ’40
Omaha, Nebr.
February 14, 2006
Clarence F. Rhea ’48
Gadsden, Ala.
December 27, 2005
Roslyn D. Young, Jr. ’51
Chevy Chase, Md.
March 16, 2006
Grenville Garside ’59
Norfolk, Conn.
September 22, 2006
John W. Waller ’41
Alexandria, Va.
May 6, 2006
Frank V. Snyder ’48
Shelburne, Vt.
June 26, 2006
Paul L. O’Brien ’52
Washington, D.C.
January 1, 2004
Richard Q. Hite, Jr. ’59
Virginia Beach, Va.
March 29, 2005
John J. Abberley ’42
New Canaan, Conn.
March 8, 2006
Lester M. Conway ’49
Houston, Tex.
April 12, 2006
Thomas F. Shannon ’53
Washington, D.C.
June 23, 2006
Gottfried Dietze S.J.D. ’61
Baltimore, Md.
July 10, 2006
Edward J P Zimmerman
’46
New York, N.Y.
March 6, 2006
Richard P. Williams ’49
Leesburg, Va.
May 12, 2006
John H. Kennett, Jr. ’54
Roanoke, Va.
July 11, 2006
H. James Turnbull ’61
Winchester, Va.
November 6, 1998
Robert P. Johnson ’50
Chico, Calif.
October 10, 2003
Anson W. H. Taylor, Jr. ’54
Berwyn, Pa.
March 31, 2006
William R. Mapother ’63
Jeffersonville, Ind.
June 11, 2006
Arnold K. Lefkovits ’50
Birmingham, Ala.
June 19, 2006
James T. Adams ’56
Lexington, Va.
May 11, 2006
Lawrence J. McEvoy, Jr.
’65
Atlanta, Ga.
July 21, 2006
Nathaniel S. Newman ’50
Richmond, Va.
March 7, 2006
Steven J. Godsick ’56
Suffolk, Va.
August 1, 2006
George N. Acker ’51
Delta, Pa.
December 23, 2005
Thomas F. Johnston ’56
Memphis, Tenn.
May 1, 2006
V. Earl Dickinson ’51
Mineral, Va.
June 15, 2006
James S. Welch ’56
Prospect, Ky.
March 12, 2006
Honorable
John E. Dehardit ’47
Gloucester, Va.
July 19, 2006
Robert H. Knight ’47
Greenwich, Conn.
September 28, 2006
Jacob New ’47
Dublin, Ga.
December 25, 2004
Macon M. Arthur ’48
Pawleys Island, S.C.
April 9, 2006
Francis C. Barker ’48
South Pittsburg, Tenn.
April 29, 2006
Eugene L. Scott ’65
New York, N.Y.
March 20, 2006
David B. Garland ’68
Charlottesville, Va.
April 28, 2006
Honorable
Ralph B. Robertson ’71
Richmond, Va.
March 7, 2006
Diane L. Hermann ’72
San Francisco, Calif.
February 16, 2006
John M. Oleyer ’72
Bloomfield, Conn.
April 13, 2006
Carter T. Gunn ’76
Virginia Beach, Va.
March 12, 2006
Anne Mustain ’79
Charlottesville, Va.
March 16, 2006
Mary Ann Okrasinski
Sinnott ’79
Harrison, Tenn.
October 16, 2002
Fred C. Byers, Jr. ’83
New York, N.Y.
July 28, 2006
Honorable
Paul H. Roney LL.M. ’84
Saint Petersburg, Fla.
September 16, 2006
Mark B. Peterson ’91
Charlottesville, Va.
May 3, 2006
Daniel A. Winterbottom
’69
Austin, Tex.
October 28, 2004
UVA Lawyer • Fall • 2006
[83]
Non-Fiction
Frederick Leiner ’85 recreates the
heroic history of the naval officers and
diplomats in the early nineteenth century
The End of the Barbary
Terror
as he describes Madison’s initial efforts
Frederick C. Leiner ’85
of war led by Commodore Stephen
Oxford University Press
Decatur. In twenty-four hours, the rulers
at diplomacy, followed by his declaration
of Algiers, where the hostages were being
The End of the Barbary Terror draws
kept, signed the treaty, “dictated at the
upon ship logs, journals, love letters,
mouths of our cannons,” as Decatur
and government documents to tell the
himself put it. Praising how the novel
vivid story of America’s fight to regain
links elements of Islamic terrorism, white
slavery, and diplomatic intrigue, Dr. John
various interpretations of war during these
F. Lehman, former Secretary of the Navy
periods as a law-enforcement operation, a
says “Frederick Leiner’s [novel] is not only
duel between states, and a “crime against
an exciting and well-told sea story, but a
the peace.” He also looks closely at the
well-researched reminder that with regard
post World War II definition of war as an
to transnational terrorism, the only thing
international law enforcement mechanism
new in the world is the history that you
under United Nations auspices, and
don’t know.”
how this view brought about a focus
Leiner currently lives in Baltimore,
on humanitarian, rather than policy,
Maryland and is also the author of
problems. War and the Law of Nations
Millions for Defense: The Subscription
will surely prove enjoyable for anyone
Warships of 1798.
interested in international relations and
international law.
U.S. hostages taken by the terrorizing
Neff is a Reader in Public
Barbary Pirates in 1812. Throughout
International Law at the University of
America’s fledgling history, the Barbary
Edinburgh and is the author of Friends But
pirates continually threatened the safety
War and the Law of Nations
No Allies: Economic Liberalism and the Law
of sea merchants by seizing ships and
Stephen C. Neff ’76, ’77 (LL.M.), ’88
of Nations and The Rights and Duties of
selling Christian prisoners to white
(S.J.D)
Neutrals: A General History.
slavery. Refusing to remain subject to
Cambridge University Press
such injustices, American President James
Monroe fought back by sending the
Stephen Neff ’s War and the Law of Nations
largest American naval force ever gathered
traces war as a legal concept by looking
at that time.
closely at its history from Roman times to
the twentieth century. Neff illustrates the
UVA Lawyer • Fall • 2006
[85]
In Print
The Strategic Guide to Selling
Your Software Company
FICTION
Baby Proof
Emily Giffin ’97
William H. Venema ’81
St. Martin’s Press
The Collectors
Lulu.com
The Strategic Guide to Selling Your Software
David Baldacci ’86
Emily Giffin’s novel, Baby Proof, tells the
Warner Books
story of Claudia and Ben, a couple living in
Company offers strategic advice to anyone
perfect harmony with a marriage centered
considering the sale, merger, and/or
A sequel to The Camel Club, The Collectors
upon freedom, possibility, and exploration.
acquisition of a software company. William
opens with the assassination of the United
However, when Ben decides he wants to
Venema takes you through the entire
States Speaker of the House by Roger
have children after all, Claudia must make
process of selling your company from
Seagraves, a CIA agent selling American
the ultimate choice and discovers that love
the decision to sell, to the closing of the
secrets to the highest bidder. After the
is not necessarily ‘baby proof.’ Giffin’s third
deal. As a West Point graduate, Venema
novel after Something Blue and Something
uses the military planning sequence to
Borrowed, Baby Proof is “a fast-paced
address these issues as he has experienced
and interesting look at the various ways
them throughout his work as a Mergers
women view motherhood and pregnancy,”
& Acquisitions attorney. Venema also
according to Library Journal.
SELLING YOUR SOFTWARE COMPANY
The
STRATEGIC GUIDE
to
SELLING YOUR
SOFTWARE COMPANY:
Essential Advice from a
Veteran Deal Warrior
Camel Club connects this killing with
VENEMA
WILLIAM H. VENEMA, ESQ.
BS, MBA, JD
the murder of the director of the Library
of Congress’ rare collection, they begin
unraveling a “world of espionage that can
bring America to its knees.”
includes checklists and useful forms in the
consecutive New York Times Bestsellers
Giffin now lives in Atlanta with her
investment bankers, attorneys, and CPAs
prior to The Collectors and is also
husband and twin sons Edward and
will all find very helpful.
co-founder, with his wife Michelle, of
George. She was recently featured in a New
the Wish You Well Foundation, which
York Times interview by Zoë Wolff. a
Texas at Epstein, Becker, Green, Wickliff,
& Hall, where he practices in the areas of
corporate law, mergers and acquisitions,
technology and software licensing, and
business law, with a special emphasis
on transactions involving technology
companies.
[86]
After living and writing in London,
book, materials that venture capitalists,
Venema currently works in Dallas,
Baldacci has written eleven
UVA Lawyer • Fall • 2006
advocates literacy across America.
Opinion
Pedagogy: The Law School’s
Constant Hallmark
Earl C. Dudley, Jr. ‘67
I
distinctly recall
being apprehensive
about the intellectual
prospect of law school when
Teaching, I have concluded
I arrived in Charlottesville in
the fall of 1964. I particularly
after many years on both
resented being required to
take a course in property law,
sides of the podium, is a
which I viewed as a dusty
corner important only to
two-way street.
those drudges, the future real
estate conveyancers.
Imagine my delight
when, two weeks into the
first semester, I discovered
I was more engaged than
ever before. And imagine my
surprise when I realized that
property, as taught by Tom Bergin, was one of the best
different and unique style, but all were born teachers. Dean
courses I ever had. Tom’s relentless questioning, his deft
Dillard brought to the classroom his trademark polished
exposition of the kaleidoscopic quality of legal concepts,
eloquence, a powerful combination of formal Socratic
opened my eyes to the world of legal analysis. He would
method with entertaining lectures, and an uncanny ability to
toss out a puckish question—“Did Pierson win because
make complex concepts clear and understandable. Peter Low
he had possession of the fox, or did he have possession of
treated each class with the care and intense preparation of an
the fox because he won?”—and weave around it an entire
appellate argument, moving the students along the path to his
class of playful but serious inquiry.
conclusion while leading them to believe all along it was their
I was fortunate my first year to study under several of
own. John McCoid walked a wonderful tightrope between
the other giants of the Law School’s teaching pantheon—
gentle decency and bracing intellectual challenge. He was not
Hardy Dillard, Peter Low, John McCoid. Each had a
called “The Cobra” for nothing.
UVA Lawyer • Fall • 2006
[87]
Opinion
These wonderful teachers and many others were part
question, but above all their wonderful quality as human
of an already long-established tradition of classroom
beings. Standing in front of a group of such students, it is
excellence at the Law School, a tradition that has continued
not hard to initiate and sustain a dialogue that is searching,
undiminished to the present day. Our students are now
purposeful, focused, but also civil, sometimes amusing, and
treated regularly to the lively updated Socratism of Jody
entirely pleasurable.
Kraus; the gentle, off-beat wit and wisdom of George
My own effort has been to convey to my students
Rutherglen; the rapid-fire lectures of Caleb Nelson (one
simultaneously the intellectual rigor of legal analysis and
colleague likens learning from a Nelson lecture to trying
the indeterminacy of legal outcomes. (Hardy Dillard said
to get a drink from a fire hose); the focused precision and
lawyers must teach others to “learn to live with ambiguity.”) elegance of Ann Woolhandler; the encyclopedic knowledge
I try to ask questions—in class and on exams—that have no
and insatiable curiosity of a polymath like John Harrison;
obvious “right” answers and to encourage students to frame
the mordant critiques of Stephen Smith; and the erudite
their own answers in light of the intellectual framework
and transformative learning of Mike Klarman.
provided by statutes and judicial decisions. I am sure that
One of the great joys of my career (I joined the faculty
I, like all teachers, succeed better in this enterprise on some
in 1989, after more than two decades in law practice) has
days than on others. But my entire “second career” has been
been to observe over the last 17 years the careful nurturing
inspired by the knowledge that I work within a hallowed
of this pedagogical tradition, the preservation by example
tradition of teaching excellence and by my constant effort
of the commitment to excellent teaching. In a day when
to be worthy of my teachers and colleagues in perpetuating
legal scholarship is the dominant mode of professional
that tradition. a
advancement for young faculty, the powerful continuity of
this tradition is a testament to the unique ethos of this place.
A number of my own teachers were still active when I
came back, and I have tried to learn from them and from
well as director of the school’s Graduate Program for Judges.
those who came after 1967 how to stimulate and encourage
Beginning in 1982, Dudley taught trial advocacy seminars
the intellectual drive that has made my career in the law
at the Law School while he was a partner in the Washington,
such a lifelong pleasure.
D.C. law firm of Nussbaum Owen & Webster. Then, in 1989,
Teaching, I have concluded after many years on both
[88]
Earl C. Dudley Jr. ’67 is a professor at the Law School, as
he became a full-time faculty member. Dudley’s career, before
sides of the podium, is a two-way street. What makes
he came to Virginia, was in private practice, except for two
teaching Virginia Law students such a joy—and in some
years when he was general counsel for the Committee on the
respects so easy—is their consistently high quality, their
Judiciary in the U.S. House of Representatives. At the Law
intellectual capacity, their incredibly rich and diverse
School, Dudley teaches civil and criminal procedure, evidence,
backgrounds, their eagerness to learn, their willingness to
criminal law, constitutional law, and trial advocacy.
UVA Lawyer • Fall • 2006