From
the
Dean
The Continuing Centrality of Litigation
John C. Jeffries, Jr. ’73
W
hen laypersons think of lawyers, they think first of
litigation. That will probably always be true. Litigation is
the paradigm of what lawyers do. Our efforts to expand
our business-law offerings and to increase the variety of intellectual
disciplines available in our classrooms do not signal a turn away
from litigation. On the contrary, our commitment to litigation has
expanded and deepened. More than ever, litigation is the centerpiece
of our curriculum.
The centrality of litigation is evident in any list of mainstay
courses in the Law School curriculum. Civil Procedure is required.
Almost everyone takes Criminal Procedure, Evidence, and Federal
Courts. Many students take a variety of other courses focused
on litigation, including (among others) Complex Civil Litigation,
Conflict of Laws, Products Liability Law, Remedies, and Civil Rights.
For more concrete skills-training, the Law School has long relied on the Trial Advocacy Program, which
features distinguished lawyers and judges from Virginia and beyond who teach litigation skills in a mock-trial
setting. We now run twelve to fourteen sections of Trial Advocacy every year. Generations of students have
benefitted from this training, and satisfaction with the experience is very high.
Recently, Trial Advocacy has been supplemented in two important ways. First is the National Trial
Advocacy College, an intensive week of trial training held in the Law School in January of each year. For many
years, the Law School had an ownership interest in this program. Two years ago, we gave that up in favor of
increased access for our students. Now, fifty of our students can enroll in the National Trial Advocacy College
at a cost of only $200, as compared to the $2,100 charged to attorney-participants. Students who take this
opportunity report that it is well worth the time and money.
Second, there has been an explosion of clinical offerings. Only a generation ago, clinical education was
largely missing from the Law School. That was partly the result of resource constraints and partly a result of
the difficulty of finding able and experienced clinical instructors. Today, both problems have been solved.
The Law School now offers clinical instruction in Advocacy for the Elderly, Appellate Litigation, Capital PostConviction, Child Advocacy, Criminal Prosecution, Criminal Defense, Employment Law, Environmental Law,
First Amendment, Housing, Immigration, and Mental Health. Additionally, we offer a spectacular clinic in
the Supreme Court, which gives students the opportunity to be responsibly involved in every stage of Supreme
Court litigation except oral argument.
Taken together, Trial Advocacy and the expanded array of clinical offerings make the Law School a great
place to learn how to marshal documents, testimony, and law. In the public mind, that is the essence of a
superior lawyer, and we wish it to be the hallmark of every Virginia lawyer who steps foot in a courtroom.
We think that has always been true, and we remain committed to that ideal.
Fall 2007 / Vol. 31, No. 2
Departments
1
Dean’s Message
27
Law School News
39
Faculty News & Briefs
53
Scholar’s Corner
Risa Goluboff
55
Class Notes
81
In Memoriam
83
In Print
87
Features
4
When the Constitution and National
Security Interests Collide
Investigations and Trials in a
Post-9/11 World
Cullen Couch
12
Life-Altering Litigation While
Practicing Outside Your Field
Michael J. Olecki ’86
18
From the Courtroom to the Classroom
Past and Present Litigators Inspire
Next Generation
Denise Forster and Emily Williams
Opinion: A [mostly] Relentless Pursuit of
Professional Perfection
Chris Knopik ’83 and Joe Varner ’83
88
Opinion: Consistency and Balance:
A Judge’s Job
Myron Steele ’70, LL.M. ’04
Front cover: Protesters stand outside the Supreme Court
behind mock jail bars on Wednesday, April 28, 2004 in
Washington. Lawyers for both Yaser Esam Hamdi and Jose
Padilla argued that President Bush has overstepped his
authority since the September 11 attacks by jailing American
citizens suspected of links to terrorism and denying them
access to lawyers and courts. (AP Photo/Evan Vucci)
Editor Cullen Couch
“I consider trial by jury as the only
Associate Editor Denise Forster
anchor ever yet imagined by man,
Contributing Writer Alexei Pfeffer-Gillet, A&S ’08; Emily Williams
by which a government can be held
Design Roseberries
Photography Tom Cogill, Peggy Harrison, Robert Llewellyn, Andrew Shurtleff
to the principles of its constitution.”
—Thomas Jefferson
LITIGATION
When the Constitution and
National Security Interests
1]ZZWRS
Investigations and Trials in a Post-9/11 World
Cullen Couch
INCE SEPTEMBER 11, 2001, the terrorist prosecutions
against Zacarias Moussaoui, Jose Padilla, and Yaser
Hamdi have defined the legal contours of America’s “war
on terror.” Together they point up the political, moral,
and security imperatives that have consumed a nation
trying to protect itself without abandoning the rule of
law.
They are three cases but one story, told here about
a trio of alumni — Aaron Zebley ’96, John Kavanaugh
’95, and Geremy Kamens ’97 — and their roles in the
investigations, trials, and appeals of the first defendants
to test the limits of the Constitution in a post-9/11 world.
This artist’s rendering shows Assistant U.S. Attorney Rob Spencer, from top
right, questioning former F.B.I. agent Aaron Zebley as U.S. District Judge
Leonie Brinkema listens to testimony during the sentencing trial of convicted
al-Qaida terrorist Zacarias Moussaoui, seated front left, in U.S. federal court in
Alexandria, Va., Thursday, March 23, 2006. (AP Photo/Dana Verkouteren)
UVA Lawyer • Fall • 2007
|5
LITIGATION
AARON ZEBLEY ’96 AND THE MOUSSAOUI CASE
Three weeks before 9/11, federal authorities responded
to a call from a suspicious flight instructor in Egan,
Minnesota, and arrested Zacarias Moussaoui, a French
citizen, for overstaying his visa waiver period. Although
other activities by Moussaoui had aroused attention, the
immigration charge enabled the Government to make a
quick arrest. Moussaoui’s case was quickly folded into the
FBI’s overall 9/11 investigation, and he was later indicted
on six felony charges related to the 9/11 plot, three of which
were capital offenses. Almost four years later he pled guilty
to all of them. He is currently in a federal supermax facility
in Colorado and seeking to withdraw his guilty plea.
Aaron Zebley’s path intersected with Moussaoui’s two
days after 9/11. Zebley, then an FBI agent and now an
Assistant U.S. Attorney, had just wrapped up three years
on the team that had worked the East Africa Embassy
Aaron Zebley
bombings, another Al Qaeda operation. After 9/11, he was
assigned to the FBI’s 9/11 case squad — the PENTTBOM
team — in the New York office. Zebley went to Oklahoma
one other “case agent” to help put together the evidence
where Moussaoui lived to follow up the arrest and begin
necessary for the death penalty phase of the trial. In turn,
building the case that led to his guilty plea.
Moussaoui tried to call as witnesses in his favor some
Criminal justice concerns and national security
“high value detainees,” individuals in custody but who
interests in this case began to conflict when, in March
were not under arrest by law enforcement authorities.
2002, the Government announced its intention to seek
Reasoning that Moussaoui had the right to seek
the death penalty. The Government assigned Zebley and
exculpatory testimony to aid his defense, Federal district
TIMELINE
9/11 Attacks
Dec Indicted 9/11
Conspirator
MOUSSAOUI
Dec 2nd Circuit
orders release from
military custody
2002
Jun “Enemy combatant”
transferred to brig under
DOD custody
Nov Captured by Northern
Alliance forces, transferred to
Navy brig in SC
Jan 4th Circuit ultimately
dismisses writ
HAMDI
Aug Travels to
Afghanistan for
“ascetic” experience
6 | UVA Lawyer • Fall • 2007
2003
May Arrested as
materials witness
in Chicago
2001
PADILLA
Mar DOJ seeks
death penalty
Mar Fed. Defender’s
Office files habeas writ
as “next friend”
Jan 2nd Circuit suspends
ruling on admin. appeal
to SCOTUS
2004
Aug Arrested
on visa violation
LITIGATION
court judge Leonie Brinkema of the Eastern District of
Virginia, ordered the Government to make the witnesses
available for depositions. The Government refused. As a
sanction, she barred the Government from pursuing the
death penalty and from introducing any evidence that
connected Moussaoui to 9/11.
On appeal, the Fourth Circuit determined in a
lengthy opinion that it was possible to craft written
substitutions that would replace adequately the testimony
of the witnesses sought by Moussaoui. The Government
Jose Padilla, center, is escorted to a waiting police vechicle by federal
marshals near downtown Miami in this Jan. 5, 2006, file photo.
(AP Photo/J. Pat Carter)
made available to defense counsel written summaries
of the relevant statements, and defense counsel crafted
JOHN KAVANAUGH ’95 AND THE PADILLA CASE
from those summaries a proposed substitution for the
testimony. According to Zebley, the Government then
“had an opportunity to say, ‘That’s incomplete, that’s not
Jose Padilla, a U.S. citizen, was arrested in Chicago in May
the full story, here’s what else they said,’ and so forth.”
2002 on a material witness warrant linking him to the
Judge Brinkema considered both sides, decided what the
9/11 hijackers. One month later, the Bush administration
admissible substitution would be, and then proceeded
designated Padilla an “illegal enemy combatant” who
with the death penalty phase.
had plotted to use a “dirty” bomb in a terrorist attack.
“The novel thing about Moussaoui and any future
He was transferred to military custody and held in
Article III terrorism prosecution,” says Zebley, “is that
solitary confinement for over three years in a Navy brig in
if we continue to hold detainees beyond the reach of the
Charleston, South Carolina, before being transferred to a
criminal justice system, and if they have information or
Miami prison to face federal conspiracy charges. After a
knowledge about people who are in the criminal justice
three-month trial, Padilla was convicted of all charges on
system, but neither the Government nor the defendant
August 16, 2007. His sentencing hearing is scheduled for
can call them as witnesses, we’re going to continue to have
December of this year.
this tension. What do you do?”
For some time before Padilla’s arrest, John Kavanaugh
Apr Pleads guilty to
all counts
May Jury declines to
impose death penalty,
sentenced to life
Sep 4th Circuit
allows deposition
substitutions
Mar Lawyers meet
Padilla for first time
Apr SCOTUS agrees
to hear case
Feb Hamdi meets
with his lawyers for
first time
Nov Government indicts
Padilla in Miami on separate
charges in Hassoun case
Oct Padilla
appeals to
SCOTUS
2007
May Trial commences
2006
2005
Sep 4th Circuit rules
government can hold
Padilla indefinitely
Aug Padilla
found guilty all
charges
Oct Hamdi
released
Jun SCOTUS declares
Hamdi has right to habeas
and access to counsel
UVA Lawyer • Fall • 2007
|7
LITIGATION
had been serving in Miami as a member of the FBI’s Al Qaeda
Four years after his arrest, amid allegations of abuse
unit of the Joint Terrorism Task Force. He had become the
while in military custody and on the eve of a likely Supreme
agent in charge of building a case against Ahmad Hassoun,
Court battle over how long “enemy combatants” could be
a radical Islamic cleric and community activist in South
held without charge, the Government transferred Padilla
Florida, who had been fundraising for terrorist groups
to federal prison in Miami to face trial for conspiracy “to
in Afghanistan and Pakistan beginning in the 1990s.
murder, kidnap and maim people overseas.” Kavanaugh
Hassoun was also exhorting young Muslim men, one of
now had to treat Padilla, whom Kavanaugh believed to be a
whom was Padilla, to train and fight on behalf of these
lesser actor, as a co-defendant in the Hassoun case.
groups.
During the course of investigating Hassoun,
Kavanaugh believes the military had been holding
Padilla for his intelligence value and for national security
Kavanaugh learned that Padilla had traveled to
concerns, and when these assets were exhausted the
Afghanistan at Hassoun’s behest and filled out a
military let him go. “Once it became known that he was
“mujahedeen data form,” later recovered in 2001 by U.S.
going to be released from military custody, he became an
forces in Kandahar, to join an Al Qaeda terrorist training
appropriate fit in our Hassoun case. But in the public’s eye,
camp. But Kavanaugh’s initial focus had always been on
Padilla was the bigger name. It was the Padilla case. But,
Hassoun and defendant Kifah Jayyousi — Padilla was an
in reality, and the jury’s comments reflected this, he was a
ancillary character in the plot — so his investigation of
smaller fish — a dangerous fish, and an important one, but
Hassoun and Jayyousi commanded all his attention while
just a recruit.”
Padilla was in the brig. That would soon change.
With Padilla now a co-conspirator in the Hassoun
case, what the prosecution had approached for several
years as an extremely complex case involving several novel
legal issues entirely separate from Padilla, now became
even more difficult as it involved allegations of Padilla’s
mistreatment during his military confinement. Branded
in the media as “the Padilla case,” prosecutors now had to
counter claims by defense counsel that Padilla was unfit
to stand trial because he had been rendered mentally
incompetent by his treatment in the brig.
GEREMY KAMENS ’97 AND THE HAMDI CASE
Yaser Hamdi, also an American citizen, was handed over
to U.S. forces after being captured in November 2001
by the Northern Alliance in Afghanistan. After a brief
detention in Guantanamo Bay, Hamdi was held in solitary
confinement in the Navy brig in Norfolk, Virginia, for
over a year before being placed in solitary confinement in
the same Navy brig in Charleston that housed Padilla. On
condition that he renounce his American citizenship and
restrict his international travel, Hamdi was released in
October 2004 and is now married with a young daughter
John Kavanaugh
8 | UVA Lawyer • Fall • 2007
and living in Saudi Arabia.
LITIGATION
to the brig commander asking to meet Hamdi. Receiving
no response, Dunham asked Kamens to draft a habeas
petition to file on Hamdi’s behalf as a “next friend.”
They filed the petition in the federal district court for the
Eastern District of Virginia, and presiding Judge Robert
Doumar ’53 appointed Dunham to represent Hamdi.
Kamens recalls the immediate storm that ensued.
“Once the court appointed our office to represent
Hamdi,” says Kamens, “the Solicitor General’s Office
jumped in directly. That was very unusual. They filed an
emergency interlocutory appeal at noon on Thursday, and
the Fourth Circuit gave us only a few hours that day to file
American-born Yaser Esam Hamdi in a file photo taken in June 2001.
Hamdi was captured in Afghanistan by Northern Alliance forces in
November 2001. (AP Photo/Asharq-al Awsat)
our response. All we were trying to do at that point was
file a petition as next friend and meet our client who, as
far as we knew, had not had contact with anyone else in
the world.”
Three weeks before 9/11, Hamdi traveled from Saudi
The Fourth Circuit panel was not receptive to Hamdi’s
Arabia to Konduz, Afghanistan seeking an ascetic Islamic
argument. “They had absolutely no real interest in
experience, according to Geremy Kamens, a federal public
allowing us to represent Hamdi with Frank Dunham as
defender. After the 9/11 attacks, Hamdi attempted to leave
‘next friend,’” recalls Kamens. The court dismissed the
Afghanistan, but Konduz was surrounded by Northern
habeas petition. Dunham and Kamens returned to the
Alliance forces. The Taliban negotiated surrender and
district court and asked Judge Doumar to rule Hamdi’s
arranged safe passage with the Northern Alliance for
father in Saudi Arabia as a “next friend” for the petition.
Hamdi and other foreigners in Konduz. According to
Judge Doumar did so, the habeas petition was reinstated,
Kamens, Hamdi was given a weapon and joined a convoy
and the court ordered that Hamdi must be allowed to
out of town. But the Northern Alliance broke the deal and
meet with his lawyers. On the Solicitor General’s appeal of
jailed everyone. Later, they handed Hamdi over to American
this second order, the Fourth Circuit panel remanded the
officials who soon learned he was an American citizen.
issue, this time to determine whether the Government had
Processing Hamdi into the system, Department of
Defense lawyer Michael Mobbs, without interviewing
Hamdi, wrote a two-page summary of the Northern
presented enough evidence to justify Hamdi’s detention
before allowing such a meeting.
Back before Judge Doumar, the Government presented
Alliance’s story of Hamdi’s capture. The so-called “Mobbs
the Mobbs Declaration as its sole evidence. Judge Doumar
Declaration,” comprising in significant part hearsay
ruled the declaration insufficient. On appeal, the Fourth
accounts of Hamdi’s actions in Afghanistan, would become
Circuit overruled him again, declaring that the Mobbs
the Government’s sole piece of evidence against him.
Declaration was sufficient to dismiss the habeas petition
Hamdi’s fate may never have been known but for
a chance reading of a local newspaper in March 2002
altogether.
“They were just very, very opposed to the idea that
by Frank Dunham, the federal public defender for the
this man was entitled to a lawyer, to meet with counsel,
Eastern District of Virginia who at the time was Geremy
to present his own side of the story, to challenge what the
Kamens’s boss in Norfolk. (Dunham died in November
Government was saying,” says Kamens. “Judge Doumar
2006). Dunham read a story in the Virginian-Pilot about
comes from a strong conservative background, but he
an American citizen named Hamdi being held without
was not about to back down in the face of an effort by
charges in the Navy brig in Norfolk. Dunham sent a letter
the Government to prevent anyone outside the executive
UVA Lawyer • Fall • 2007
|9
LITIGATION
The courts in the Moussaoui, Padilla, and Hamdi cases have shown that it is possible to apply
the Constitution and procedural rules in ways, however imperfect, that still effectively
balance the rights of terrorist defendants and the safety of the American public.
branch from having some understanding of what was
The administration has stated its belief that Article III
going on here. They were shielding what they were doing
courts cannot safeguard certain rights for terrorist
to Yaser [Hamdi], basically holding him indefinitely in
defendants without risking the lives of American civilians.
military custody, incommunicado, without any charges
As applied to our Constitutional protections in their
and without any real reason, certainly no reason that they
purest forms, that sounds like a reasonable position. But
were prepared to present in a court room.”
the courts in the Moussaoui, Padilla, and Hamdi cases
The Supreme Court agreed to hear the case in April
have shown that it is possible to apply the Constitution
2004. Two months before that, Kamens and Dunham
and procedural rules in ways, however imperfect, that still
finally met Hamdi, now in the Navy brig in Charleston,
effectively balance the rights of terrorist defendants and
for the first time, two years after filing the first habeas
the safety of the American public.
petition. “It was an amazing experience,” recalls Kamens.
Many in government also believe that trial courts are
“He’d actually made friends with people at the brig, but
he had no inkling of what was going on. We brought down
newspaper clippings with his name in the headline. He
was just wide-eyed, incredibly happy to meet us, and a
delightful young man. From very early on, everybody at
the jail knew that Yaser [Hamdi] didn’t have any relation
with Al Qaeda, had no contacts with anybody who was a
threat to the United States.”
In June 2004, the Supreme Court declared that Hamdi
had a right to habeas proceedings and access to counsel.
BRAVE NEW WORLD
In each of these cases, national security interests and
criminal procedure collided at various stages of litigation.
The Government nearly derailed its death penalty case
against Moussaoui by refusing to produce witnesses.
The alleged torture of Padilla during his three years in
solitary confinement raised questions about the quality
of any evidence the Government might have gained from
his statements and his competence to stand trial. And,
like Padilla, Hamdi’s detainment without charges raised
questions about his rights as an American citizen.
10 | UVA Lawyer • Fall • 2007
Geremy Kamens
LITIGATION
incapable of handling the evidentiary issues involving
and there are circumstances where you can’t get due
classified information in terrorism cases, but Zebley points
process? I think not.
to the Fourth Circuit’s opinion in Moussaoui. The Court
“I would urge the Court to find that citizens can only
provided a way to meet the challenge of using classified
be detained by law. And here there is no law. If there is
information derived from a witness whom the defendant
any law at all, it is the executive’s own secret definition of
ordinarily could have called to the stand for live testimony,
whatever “enemy combatant” is. And don’t fool yourselves
and it did so at a time of war.
into thinking that means somebody coming off a
Sometimes, the prosecution may have to give up a
particular piece of classified information or abandon a
particular angle of the case. It may have to adjust the way
battlefield because they’ve used it in Chicago, they’ve used
it in New York, and they’ve used it in Indiana….
“Congress tomorrow could take these military regs and
it charges a case if certain evidence is not available. But the
they could say, ‘This is the law. We authorize the executive
courts are finding ways to deal with those issues.
to detain people and to give them hearings the way the
Certainly, there will be difficult cases like Padilla
military says,’ and then it would be lawful. But Congress
when the evidence doesn’t translate well into an Article
hasn’t done that, and I respectfully submit, Your Honor,
III prosecution. “The Government knew a lot about
that until Congress does that, these detentions are not
his activities in Afghanistan, but they knew that from
lawful. And I would respectfully ask this Court to step up
this other system of evidence, from the people down in
to the plate and say so.”
Guantanamo,” says Kavanaugh. “The people there could
The Court did just that, saying in Justice O’Connor’s
not come here and testify. Knowing something is one
plurality opinion that “we have long since made clear that
thing; having admissible evidence that you can present
a state of war is not a blank check for the president when it
is another. You have to determine (a) whether what you
comes to the rights of the nation’s citizens.”
know is in a form that you can present, and (b) whether
“At the very beginning of this case it was
presenting it is worth the price you pay. The Padilla case
extraordinarily lonely,” says Kamens. “We did not have
falls somewhere in between.”
many individuals in the country supportive of us. But I
Kamens adds that there is ample precedent for judicial
think through time and through exposure of what was
oversight of executive power in compelling circumstances.
happening, a slow understanding developed that this was
“Even in an area that is at the core of the Commander-
really important.”
in-Chief’s responsibilities — the responsibility to detain
Lawyers like Aaron Zebley, John Kavanaugh, and
enemy soldiers — the Supreme Court has said that there
Geremy Kamens are part of a bar on the front lines of a
is room for judicial oversight,” he explains. “And when
legal frontier whose borders are emerging but still unclear.
you get further away from actual combat, for example in
The stakes are high — not only for “enemy combatants”
phone-tapping or warrantless domestic wiretapping cases,
like Hamdi, but also for advocates like Zebley, Kavanaugh,
it seems that there should be even more room for judicial
and Kamens who must find a way to protect American
oversight.”
lives while preserving individual liberties. They persevere
Frank Dunham, in his oral argument to the Supreme
in their roles with the simple belief that the Constitution
Court in Hamdi, argued that cases like Hamdi and Padilla
that has served the country well for over 200 years will see
are indeed rare and must not be allowed to undermine
us through in a post-9/11 world. long-settled law:
“We have a small problem here. One citizen — we’re
not talking about thousands — one citizen caught up in
a problem in Afghanistan. Is it better to give him rights
or is it better to start a new dawn of saying there are
circumstances where you can’t file a writ of habeas corpus
UVA Lawyer • Fall • 2007
| 11
Michael Olecki at his office in Los Angeles
LITIGATION
Life-Altering Litigation
While Practicing
Outside Your Field
Michael J. Olecki ’86
PHONE CALL ON JANUARY 12, 2003 CHANGED a lot
after the jury had acquitted him and the trial judge had
of lives, including mine. A neighbor requested a referral to
declared him “factually innocent,” which under California
a criminal attorney for the brother of a friend of a friend —
law means that the prosecution not only did not meet
a 23-year old Latino schoolteacher, Raul Ramirez — who
its burden of proof but the accused proved he did not
had been arrested by the Los Angeles Sheriff’s Department
commit the alleged crime. I had been asked to litigate the
for a violent sex crime. Raul had been “identified” by the
anticipated civil rights case with the criminal attorney I’d
victim eight months after the crime took place. He denied
recommended. Raul wanted to file a civil suit against the
any involvement and claimed mistaken identity. Unable
Sheriff’s Department, claiming his civil rights had been
to post bail, Raul spent ten months and ten days in Los
violated by a false arrest, illegal search, and malicious
Angeles County Jail — a brutal, gang-infested, dangerous
prosecution. He claimed that Detective Frank Bravo, a
place on the best of days where he routinely faced severe
20-year-veteran, had built a false case against him. Sure
physical harm, if not death. He lost his job, his car, and all
that I wouldn’t want to be involved, I met with Raul and his
his savings. He almost lost his 10-day-old marriage, and
police officer brother, but immediately liked both of them.
practically lost his mind. His life lay in ruins.
The arrest-jail-investigation-trial saga had injured not only
When I recommended a criminal attorney, I
unknowingly began a multi-year journey that led to my first
Raul, but his entire warm, close-knit immigrant family.
From what I was told, Raul was a shell of his former self.
Federal Civil Rights trial. The journey forced me to learn a
Still, I agonized over getting involved. It was easy to
lot of things, forget others, develop new relationships, and
turn down this case. The time and money commitment
build a whole new framework for representing my clients.
would be large, and I was just starting a new, small firm.
In the end, we helped right a terrible wrong and probably
Further, as a business and entertainment trial lawyer; I
saved a young school teacher’s life.
knew nothing about criminal law and almost as little about
I didn’t actually meet or speak to Raul until 2005
civil rights law. A civil rights attorney repeatedly warned
UVA Lawyer • Fall • 2007
| 13
LITIGATION
A civil rights attorney repeatedly warned me about “traps for
disorder (PTSD) he had developed
after his 10-month ordeal in jail.
the unwary” unique to such cases.
Sounds, smells, situations — all
transported Raul back to the horror
of jail and criminal court. Sometimes
he was charming and funny; but
me about “traps for the unwary” unique to such cases.
often he grew anxious and distracted. He had trouble
About to turn down the case, my law partner and my wife
studying for his new teaching credentials and, at one point,
told me to reconsider. I decided to risk it.
simply dropped the study course altogether.
Raul’s state of mind affected our trial preparation.
Too often, Raul just “didn’t care.” After a 14-hour day
FIRST STEPS
working on his case, the last thing I wanted was a client
We reviewed the pertinent Ninth Circuit cases on
who couldn’t be bothered to assist us or showed up hours
civil rights cases. From liability to damages, the law is
late for meetings. Sometimes getting information or help
“slanted” against the plaintiff; the defendant almost
from him was a chore. I became furious when he dropped
always gets the benefit of the doubt. Worse (at least from
his credentials-prep class. He retorted that I didn’t
a plaintiff’s perspective), the police officer defendant gets
“understand.” Our altercation simmered for months.
several opportunities to derail or delay the case based on
“qualified immunity.”
Keeping Raul “with us” was often a full-time job. We
just kept focusing him on trial. He had already “cleared his
To preempt the defendants’ anticipated motion
name,” but he needed the prospect of a finding of liability,
to dismiss, we drafted an unusually detailed, 31-page
even if just for a dollar’s damages. That usually kept Raul
complaint setting out Raul’s compelling story. It worked.
intent on moving forward.
The defense decided not to file the motion. It was a
good move on another level; the Judge had studied our
complaint. Noting that “this case is different,” he gave us a
year to prepare for trial — much needed for discovery.
GETTING TO TRIAL
The defense’s long-expected summary judgment
motion finally arrived. It was compelling, honed by
experience in dozens of prior civil rights cases. We spent
KEEPING THE FAITH
Despite having been exonerated, Raul was frequently
despondent. He couldn’t get back his job teaching
developmentally disabled children. And he loved teaching
hundreds of hours organizing and writing our opposition
papers. We won. The Judge’s 31-page decision found
numerous disputed issues of material fact.
Equally important, the Judge granted our request
— to the point that he had bought classroom supplies
for a Chuman certification — a rare finding that
which his school had no budget for — and he missed
an interlocutory appeal of the decision to deny the
it deeply. Even worse, the school district’s process for
defendant qualified immunity would be “frivolous.”
“credentialing” had changed while Raul was in jail.
The Judge’s Chuman finding virtually guaranteed that
To make matters worse, Raul’s marriage was in trouble.
He’d been arrested and jailed a mere ten days after his
trial would not be delayed by three to four years for that
appeal.
honeymoon, the family couldn’t post the high bail, and
he and his wife hadn’t spent much time together before
marrying. Without his teaching job, Raul couldn’t afford
an apartment. So, the newlyweds were now living in
SETTLEMENT?
The defense seemed to have no interest in settling;
cramped quarters with his parents, brother, and sister. He
they had made no offer. I worried that the defense knew
had finally found a job as a receptionist/clerk in a medical
something I didn’t.
office, but at a fraction of his pre-arrest salary.
And, of course, there was the post-traumatic stress
14 | UVA Lawyer • Fall • 2007
Following the summary judgment decision, the
defense requested mediation. But they still made no offer.
LITIGATION
We demanded $2 million. Defense counsel said he’d
recommend $5,000 if we would do the same. We were
outraged, insulted, and disheartened.
During the Final Status Conference, the Judge conducted
an impromptu settlement conference. He urged us to
settle, saying he’d never seen a civil rights verdict above a
few hundred thousand dollars. He knew what he was talking
about. As the judge handling all the Rampart police scandal
cases in L.A., he’d overseen more civil rights verdicts and
settlements than any judge in California, if not the nation.
The defendants offered $200,000. The offer may have
Police sketch artist drawing of Raul Ramirez and photo prior to the civil
trial to illustrate the obvious differences between the two.
been sincere, but might also have been for face-saving
purposes in front of the Judge who would rule on pretrial matters. It didn’t matter; Raul rejected it. He felt the
defendants were adding insult to injury. He wanted to see
the defendants fear trial the way he had.
moved a little farther away.
We did this over several hours. By the time we were
finished, I was using the same tone, but sitting 30 feet
away. The next time we prepared, I began anew, sitting
next to Raul; by the end of the session, I was standing 40
GETTING RAUL READY FOR TRIAL
Going to trial is like making a movie. But our “star’s”
PTSD made it problematic.
Despite extensive trial experience, I was ill-equipped to
feet away, but talking in the same, soft voice. One more
session and Raul was ready.
I still had worries. What if he seized up during trial?
What if he drifted into “flat affect”? We decided to examine
prepare Raul for trial. No matter how much time I spent
the forensic psychologist directly before Raul to set the stage
with him — and it was a lot — I still had trouble relating
by explaining, from a clinical perspective, what Raul went
to his PTSD. I understood the horror of jail, the loss of
through. The psychologist would describe how Raul might
dignity, and the financial troubles. I could tell the story
react during trial. That way, no matter how Raul behaved,
and explain what made for effective testimony. But Raul’s
the jury might understand and, we hoped, accept him.
mental state stymied me. My witnesses have been typically
successful executives and entertainment types. They’re
good at communicating. They don’t suffer from PTSD.
In a question-and-answer setting, I simply couldn’t get
TRIAL
On the first day of trial, the Clerk brought in an
Raul to communicate what had happened to him. How
unusually large jury panel. Raul began to cry. We knew
would the jury react to testimony of such horrific events
this was likely. As planned, I put my arm around Raul’s
when recited in flat tones, without any emotion? I, for one,
shoulders and walked out of the courtroom. The potential
was unmoved.
jurors watched.
Raul finally told me that when I asked him questions,
Per federal court practice, the Judge asked all the voir
he found himself transported back to the criminal trial
dire questions. We had supplied a series of important
being examined by the prosecutor. He would “lock up.” I
questions, and he asked most of them.
racked my brain for solutions, and finally decided to try
We caught a few more breaks. The defense was clearly
something different. Rather than asking questions from a
striking minority jurors (who traditionally mistrust the
lectern 40 feet away (to mimic the courtroom experience),
police). We objected on Batson/Wheeler grounds to the
I sat next to Raul and spoke in a soft, friendly voice. I
first strike of an African-American woman; the Judge
spoke like Raul’s friend, brother, or therapist. Raul began
overruled the objection, but it primed the pump. The next
to open up. He started sharing his experiences in riveting
defense strike was the only remaining African-American.
words and detail. After a few hours, I put a chair’s distance
We asked for a side-bar. The Judge was peeved, saying
between us. Raul stayed focused and communicative. I
“Again?” When we pointed out that this was the last
UVA Lawyer • Fall • 2007
| 15
LITIGATION
Raul delivered powerful testimony. He described vividly what
The opening went well. I showed
a poster-sized photo of Raul and a
it had been like being snatched from his home and wife
same-size poster of the crime artist’s
“matching” sketch of the perpetrator.
with no knowledge of what was going on. He cried.
They looked nothing alike. Several of
the jurors sat stone-faced. But half-
He got angry.
way through the opening, I saw a few
of the jurors looking back and forth
between the photos. I knew at that
African-American, the Judge spun toward the defense and
demanded, “What’s your basis?” Defense counsel replied
moment that these jurors would be riveted.
My opening must have worried defense counsel: as I
weakly, “When the Plaintiff left the courtroom crying, this
began my last sentence — “at the conclusion of the trial,
potential juror gave me harsh looks.” The Judge paused,
we’ll ask that you award significant ….” — defense counsel
then scolded, “Denied! She stays.”
stood up and objected. The judge overruled. I resumed,
We also challenged for “cause” any potential juror who
emboldened by the interruption. “When we’re through
worked for the County. The Judge initially balked, but
showing you the evidence, we’ll be back to speak to you
he then accepted our “implied bias” argument. After all,
again. At that time we’ll ask for significant damages against
the County was a defendant. How could a juror be fair in
the defendants.”
considering damages against the juror’s employer? All the
County-affiliated jurors were excused.
In the end, nine jurors were sworn. All would deliberate;
we’d need a unanimous verdict. While the panel was not
TESTIMONY
Our direct and cross-examinations were crisp, strong,
an ideal “plaintiff’s jury,” it was the best jury I’d ever seen
and powerful. We were “doing justice,” and it felt good.
in a federal court plaintiff’s case. For example, at lunchtime
The defense also made a last-minute blunder. They
I did an internet search of one of the prospective jurors, a
brought in a seasoned trial lawyer to “take over.” This
Hollywood agent. He had worked in Democratic politics,
immediately weakened their case. They stumbled. They
and he still did fundraising for Democrats. Another juror
cross-examined on minor points.
was a professor at the University of Santa Monica, a school
Raul delivered powerful testimony. He described
focused on “spiritual psychology.” These two jurors would
vividly what it had been like being snatched from his home
probably articulate Raul’s position in the jury room.
and wife with no knowledge of what was going on. He
cried. He got angry. He described in detail his ten months
and ten days, and everything that came after.
OPENING STATEMENT
I always videotape the deposition of the opposing party.
I started Raul’s examination on a Friday afternoon
at 3:30. At precisely 5:00 p.m., I asked my last question.
It’s a key weapon that many trial lawyers (remarkably)
“What happened after the detective left the interrogation
don’t use.
room?” He replied, “they left me handcuffed there for a
For opening statement, I selected five key deposition
“clips” in which the defendant detective looked mean,
angry, or defensive; his words were ill-considered; or he
said something that we needed in evidence. We played
these same clips later as evidence, and again during closing
few hours. Then someone came and took me down a long
dark tunnel, to the jail.”
We recessed for the weekend, with the jury thinking
about that image, and about what came next.
On Monday morning, I had Raul on the stand for two
argument. Because the defendants hadn’t videotaped
more hours. He was wonderful. And he was perfect on
Raul’s deposition, the only testimony played during
cross. He handled the questions well; he treated defense
closing argument would be the detective’s — a significant
counsel in the same open, non-argumentative manner that
advantage once the defendant can no longer testify from
he used to respond to me. The preparation paid off. We
the witness stand.
were in good shape.
16 | UVA Lawyer • Fall • 2007
LITIGATION
CLOSING ARGUMENT
At the very end of closing argument, my co-counsel
before the punitive damages phase. The Judge reluctantly
agreed. We spent three hours the next day trying to settle.
displayed the photo of a happy, smiling Raul that I had
We’d meanwhile learned that this was the largest single
used during Raul’s testimony. After describing the happy,
plaintiff verdict ever against the Sheriff’s Department.
successful, caring person Raul had been, co-counsel
During settlement discussions with the Judge the next
violently crumbled up the photo, pointed to the defendant
morning — another rare event in a case of rare events —
detective, and said, “They did this. They shattered Raul’s
he said that he knew the verdict would be large, but he
life.” There were gasps and cries in the courtroom. During
did not think it would be that large (another good reason
the long pause that followed, I heard several people crying.
to settle). With that in mind, and knowing that the Judge
Then we told the jury it was their job to “try to put the
would slash the verdict, Raul settled for $9.3 million —
pieces back together.”
more than enough to pay off his debts, get back to school,
and jump-start his life.
EPILOGUE
A few months after trial, while
I was having dinner at one of
Hollywood’s oldest restaurants, a
waiter came by our table and asked
if I remembered him. He’d been one
of the jurors; of course, I did. In an
emotional voice, he said, “you guys
did such a great job for him. He
was really damaged. I hope he gets
better.” This was striking, coming
from a juror that we’d worried about.
During voir dire he’d said he had
Ramirez and Olecki holding the settlement check
two sons, both in jail for gang crime.
When asked how he felt about that,
RESULT
The jury deliberated two days. The clerk called at
he said, “They did the crime, they gotta do the time.” He
seemed cold and bitter. But we needed to save peremptory
around noon and told us there was a verdict. My stomach
challenges, and there were other, seemingly worse jurors
was spinning. I drove home and put on a suit on the way to
that needed to go. So he stayed.
court. I called my wife and asked her to meet me there.
I actually don’t remember whether the Judge or the
Since the trial and settlement, Raul has gotten better.
He has his teaching credentials, and found a job in a
Clerk read the Special Verdict. I remember this … the
different school. He and his wife bought a modest house
number $18 million was repeated again and again.
in a nice neighborhood. They’re expecting their first child.
I was stunned. It felt like a dream. I kept my head down
He’s still seeing his therapist, and still has moments of
and took verbatim notes. I couldn’t believe it. With the
panic. But he seems better — optimistic, generous, and
verdict form completed, the Judge asked the jury to return
happy.
to the jury room.
I hugged Raul. He hugged me back, tears dripping
down his cheek.
Now the jury had to make findings for punitive
We went to Raul’s house a few months ago for a party
with his entire family. His mother cooked up a Mexican
feast, and we sat on the deck looking out at the city lights.
We all felt good. We had fought a hard fight. We had won
damages. Defense counsel told the Judge the defense would
a large sum of money for Raul. But more importantly, we
like to try to settle the case and requested a postponement
had helped change a man’s life for the better. UVA Lawyer • Fall • 2007
| 17
From the
Courtroom
to the
Classroom
Past and Present Litigators Inspire
Next Generation
Denise Forster and Emily Williams
Practical experiences dovetail with
the substantive curricular courses to
produce tomorrow’s top litigators.
EVER BEFORE has the Law
School provided so many — and
such varied — ways for students
to prepare for careers in
litigation. The advocacy courses
and clinics offered (see sidebar on page 21)
represent the expansive offerings taught by a
host of faculty and practitioners rich in
litigation experience. The Law School
continues to enlist distinguished
practitioners to supplement its faculty —
enabling more expansive clinics and advocacy courses.
Through clinic work, second- and third-year Law students are able to perform
like lawyers in actual appellate, criminal prosecution and defense, and even U.S.
Supreme Court cases. These practical experiences dovetail with the substantive
curricular courses to produce tomorrow’s top litigators.
18 | UVA Lawyer • Fall • 2007
LITIGATION
Besides the constant influx of practitioners to the
not teaching advocacy courses, she manages to deliver
adjunct faculty roster, the Law School has recruited
important messages to her students. “Good litigators must
faculty who exemplify how practical litigation experience
know their case inside and out, and have worked through
harmonizes with academic interests and scholarship. They
the possible legal obstacles they may encounter, and be
provide students with an enhanced perspective on the
prepared both legally and factually for those issues to arise.”
black letter law reflected in the typical casebook.
There is a multi-audience performance aspect to trial
that has some relationship to the performance aspects of
teaching. “It is a constant challenge to remain flexible and
FROM FEDERAL PROSECUTOR TO PROFESSOR
to listen — formerly to the judge, witnesses, opposing
counsel, and now to students — so that you are fully
Associate Professor Rachel Harmon has transitioned
seamlessly from the world of litigation to academia.
After eight years as a prosecutor with the Department of
Justice, Harmon joined the Law School in 2006, ready to
engaged in the moment at trial and in the classroom. ”
It’s working. Harmon’s students praise the charged
environment of her classes.
“Her experience as a prosecutor is evident in every class
teach the law she finds endlessly interesting. “I wanted to
session, as the passion that she doubtless brought to that
join the ranks of the faculty who provide the substantive
job suffuses her lectures,” says Eric Gerard. Gerard, who
background for litigation,” she explains.
is working on a joint JD and master’s in American foreign
Now in her second year of teaching, with three courses
policy and economics (at Johns Hopkins University), is
this semester, Harmon is still too busy to hang the artwork
an aspiring prosecutor. “Professor Harmon is not content
stacked against the walls in her office. Surrounded by piles
to remain in the realm of abstraction; she unearths the
of criminal law research in progress, she feels she’s crossed
ambiguities and implications of the decisions in a way that
over from courtroom to classroom with relative ease.
conveys their enormous practical significance, tying them
Harmon enjoys the diverse components of academic
work, much as she did of her government work. As a civil
rights prosecutor, she relished the interplay of criminal
to the historical context in which they were decided while
informing us of how they play out on the street.”
Fellow second-year student Joseph Warden agrees.
investigation, legal research and preparation, and trial
“Her experience helps us to understand the difference
work. As a law professor she appreciates the rigors of legal
between black letter doctrine and practical application.
research and scholarship combined with time in and out
It also helps us to understand why the law developed in
of the classroom with students.
the way it did.” After taking criminal law and criminal
Always deeply interested in legal research and
investigation with Harmon, Warden is now her research
scholarship, Harmon headed to law school after
assistant. He plans to split this summer between a firm in
completing her graduate work at the London School of
Washington, D.C., and one in Wilmington, Delaware —
Economics. Her aspirations leaned toward teaching law,
doing litigation in both firms.
but she was drawn to a litigation career after clerking for
Students agree that Harmon has a gift for tying law and
Judge Guido Calabresi of the U.S. Court of Appeals for
practical skills together. “She is quick to acknowledge both
the Second Circuit, and for Justice Stephen Breyer of the
the validity and weaknesses of worthy counterarguments
Supreme Court of the United States. Now she is able to tie
to an opinion before leaving us with a good understanding
her former and current careers together in a powerful way.
of how the case under examination changed the law of
“I think there is a benefit to having the litigation
the day,” says Gerard. “This makes the law easier for us to
experience and then teaching the substantive law. My
apply to real world events, which I believe makes us better
course is probably heavier on strategy than some other
prepared for careers in litigation,” added Warden.
criminal law classes. I often address how to think about
an issue in terms of its future in litigation.” Though
Harmon finds that the research, writing, and teaching
components of being a professor match well in many
UVA Lawyer • Fall • 2007
| 19
LITIGATION
respects with the legal groundwork, investigative work,
practice. I like understanding the ‘whys’ behind things as
pre-trial prep, jury instructions, and motions required
well as just doing them.”
of a litigator. She is also happy to be able to delve deeper
When she switched careers, there was a slight
into the law. “As a practicing lawyer I would confront
apprehension. “A number of people suggested I had
interesting legal issues or policy questions, but then
been in practice too long to still be able to think like an
quickly have to come up with an answer for the litigation
academic — because practice does shape problems you
I was involved in and move on to the next thing. I found
think about and your way of thinking about them. To
myself wanting to know more, go further, to figure out
me, it seems that there’s actually a closer relationship
how it all works, and it seemed I could do that better
than practitioners and academics sometimes realize; that
in academia. I really like a combination of theory and
academics are concerned about the ways their scholarship
translates into the law that matters in the world,” she
says. Harmon emphasizes that “Virginia values practical
Rachel Harmon
experience and prepares students for practice. It also attends
to the relationships between the more theoretical or academic
concerns and those that affect people on the ground.”
JUST GETTING STARTED
In spring of 2007, Toby Heytens ’00 was just finishing
his first year of teaching civil procedure and civil rights
litigation when he was recruited by the Solicitor General
of the United States, Paul Clement. Heytens was appointed
as an assistant to the Solicitor General for the next two or
three years. (See sidebar on Heytens’s appointment to the
OSG on page 46.)
Having known no professors and very few lawyers
while growing up, Heytens had not exactly dreamed of
becoming a law professor. Still, it’s a thought he’s carried
with him since he was a student at Virginia Law. Heytens’s
professional experiences during and after law school were
ideal preparation for his new role as associate professor of
law at his alma mater.
In the six years since graduation, Heytens pursued
his interests in civil procedure, federal courts, civil rights
litigation, habeas corpus, and remedies through a wide
variety of positions. Following graduation, Heytens
clerked for then-Chief Judge Edward R. Becker of the U.S.
Court of Appeals for the Third Circuit. He next served
as a Bristow Fellow in the Office of the Solicitor General.
During 2002–2003, Heytens clerked for Justice Ruth Bader
Ginsburg of the Supreme Court of the United States.
After clerking, Heytens worked in the Washington,
20 | UVA Lawyer • Fall • 2007
LITIGATION
Litigation Offerings
The following is a sampling of Litigation and Procedure courses offered during the last three academic years.
Courses
Human Rights Advocacy
Intellectual Property: Patent Enforcement
Advanced Legal Research
International Dispute Resolution
Alternative Dispute Resolution
Jury Trials in America: Understanding and Practicing Before a Pure
Alternative Dispute Resolution: Mediation
Form of Democracy
Complex Civil Litigation
Law in Society
Conflict of Laws
Lawyers and Justice: Ethics in Public Interest Lawyering
Disputes and Remedies (JAG)
Leagues and Litigation
Employee Pension and Welfare Benefits
Persuasion for Advocates
Ethics, Integrity, and Avoiding “Club Fed”
Strategy in Civil Litigation: Pleading and Procedure
Evidence
Tax Practice and Procedure
Federal Courts
Trial Advocacy
Globalization and International Civil Litigation
Trials of the Century: Literary and Legal Representations of Great
International Civil Litigation
Criminal Trials
International Litigation of Economic, Social, and Cultural Rights
Legislation
Principles and Practice Offerings
Mass Torts
Medical Malpractice and Health Care Quality
Appellate Litigation
Negotiation Institute
Practical Trial Evidence
Oral Presentations Outside the Courtroom
Personal Injury Law
Under the supervision of an attorney, students perform the
Habeas Corpus and Wrongful Conviction
lawyer functions associated with their cases, including client
Pro Bono, Law Firms, and Access to Justice
and witness interviews, factual development, legal research,
Professional Responsibility
preparation of pleadings and negotiation. Students with
Professional Responsibility in Public Interest Law Practice
third-year practice certification may also be responsible for
Remedies
courtroom advocacy.
Rhetoric
The 9/11 Victim Compensation Fund and Mass Torts: Aberration or
Clinics
Precedent?
Torts II
Appellate Litigation Clinic
Trade Secrets: History, Theory, and Practice
Capital Post-Conviction Clinic
Trial Advocacy College
Criminal Defense
Virginia Practice and Procedure
Family Resource Clinic
War Crimes (JAG)
International Tribunals Clinic
Iraqi Tribunal Clinic
Seminars
Prosecution
Supreme Court Litigation Clinic
Alternative Dispute Resolution: Representing Clients in Mediation
Economic Evidence
For a complete listing and description of courses and clinics, see
Environmental Liability Litigation
www.law.virginia.edu.
Expertise, Science, and the Law of Evidence
Federal Lawyer
Hallmarks of Distinguished Advocacy
UVA Lawyer • Fall • 2007
| 21
LITIGATION
D.C., office of O’Melveny & Myers, where his practice
issues is very helpful in terms of teaching,” Heytens said.
focused on appellate litigation, including United States
Third-year Ross Goldman hopes to build upon his
v. Martha Stewart. In the spring of 2005, Heytens took
summer experiences and litigate when he graduates in
a leave from O’Melveny to serve as a visiting assistant
May. He misses having class with Heytens. “Litigators need
professor at Cornell Law School. He joined the Law School
to be sure that they explain their position to courts and
faculty in fall of 2006.
other lawyers as clearly as possible. They need to be sure
Upon joining the Law School faculty, Heytens was
that others can follow the facts, understand the law, and
excited about bringing his litigation background into the
contextualize the legal argument within the broader legal
classroom; “I think having worked in different parts of the
framework. This organization evidenced itself every day in
system and from different angles and on different kinds of
Professor Heytens’s class,” Goldman says. Third-year Katie
Burke thought Heytens’s civil rights litigation lectures
“brought together legal theory and doctrine highlighted by
Toby Heytens
insights from his practical experience. We began the course
by reading about a case Professor Heytens worked on.
This lesson had a tremendous impact and shaped the way
I thought about the rest of the course material,” she says.
After clerking next year, Burke hopes to go into litigation.
The transition back to academia should be natural
for Heytens. “I’ve always loved being in the academic
environment, having the opportunities to think about
and explore different ideas,” Heytens says. “The culture
at UVA is fantastic and is really second to none, and I can
already see how this brief detour will make me a better
teacher and scholar when I get back.”
Virginia faculty remain invested in the world
of litigation, and that serves the Law School and its
students well. Second-year Gerard sums it up succinctly,
“The opportunities to gain experience in litigation are
phenomenal, from first-rate trial ad classes, to upper-level
offerings, to clinics, to moot court, etc. I’m taking trial
ad now, distinguished advocacy next semester, am on the
National Trial Advocacy Team, and plan to partake in
the Prosecution Clinic next year as a 3L. In short, there’s
plenty to do at the Law School if you’re interested in
litigation.” 22 | UVA Lawyer • Fall • 2007
Law
School
News
Law School News
Fourth Circuit Judges Speak about
Appellate Court Judging
by Ken Reitz
P
ETER RUBIN, FOUNDER OF
the American Constitution
Society and professor of law at the
Georgetown University Law Center,
moderated a discussion with two 4th
U.S. Circuit Court of Appeals judges
regarding judicial decisions made
at the appeals court level. The panel
spoke at an event held September 25
in Caplin Pavilion at the Law School.
Describing the 4th Circuit as the
second highest court in the land,
Rubin explained that the federal
appeals court includes the states of
Maryland, Virginia, West Virginia,
North Carolina, and South Carolina
and enjoys one of the richest of
circuit court histories. Rubin
described the 4th Circuit as the
center for “… exceedingly important
and fundamental decisions in
constitutional law,” particularly since
September 11, 2001.
Introducing Judge M. Blane
Peter Rubin, founder of the American Constitution Society, moderated the panel.
Michael, a 1968 graduate of New
York University Law School, Rubin
noted that he had been assistant U.S.
was appointed to the Federal Court
School of Law. He noted that in 1972
attorney for the Southern district
of Appeals for the 4th Circuit by
Motz was appointed assistant attorney
of New York, a special assistant U.S.
President Clinton.
general for Maryland and in 1982 she
attorney to the Northern district of
Rubin then introduced Diana
was named chief of litigation in the
West Virginia, former counsel to
Gribbon Motz ’68, who was one of
Maryland attorney general’s office.
former West Virginia Governor John
only two women in her class of 250 law
She left in 1986 to spend several years
D. Rockefeller IV and in 1993 Michael
students at the University of Virginia’s
in private practice. She was appointed
UVA Lawyer • Fall • 2007
| 23
Law
School
News
to the Court of Special Appeals of
“I’m very interested in
the 4th Circuit Court of Appeals by
trying to get a majority
on every case. I’m not
interested in making it
difficult for someone to
“What should a judge do when he or
she feels that the court majority on
Michael and Motz … in dissent
in some quite important cases.”
Rubin pushed to go beyond
ordinary dissent asking both judges
conservative court in the United
States, a situation which leaves
the case to tell me once more I was
wrong.”
by noting that the 4th Circuit
was “widely known as the most
a chance here,’ but it turned out that
all the Supreme Court did was take
President Clinton in 1993.
Rubin began the discussion
the Supreme Court agreed to hear it.
“I thought, ‘Ah-ha, maybe we’ve got
Maryland in 1991 and elevated to
join my opinion.”
the Supreme Court has rendered law
Commenting that, “Neither of you
that is fundamentally at odds with
are in the 4th Circuit’s philosophical
our Constitution?”
majority,” he asked, “How does
Rehnquist, who told her, “People
Judge Michael answered that
that affect your overall approach to
are always asking me, ‘What’s this
judges are bound by oath to uphold
judging?”
paragraph doing in this opinion? It
the rule of majority court decisions.
just doesn’t seem to follow the other
He then turned the question around
quoting Yogi Berra: “You can observe
paragraphs,’ and he said, ‘If one of my
asking the audience, “What do you
a lot by watching.” He added, “I’ve
colleagues wanted that paragraph in
do if the Supreme Court renders a
chosen to take a more cautious
and they needed that for their vote,
decision that you don’t agree with?
approach … to watch for situations
that paragraph’s in.’” She explained,
No matter which side you’re on, you
where I might be able to make a
“A fair number of times there’s not
don’t give up.”
difference.” He described his opinion
disagreement about the end result,
Judge Michael answered by
writing style as minimalist. “I don’t
really go beyond the facts at hand …
but with how we get there.”
Pointing out that appellate
Judge Motz agreed. “If you don’t
like what the Supreme Court’s doing
then your answer is in the ballot box
I try to write in a very limited way in
courts and the U.S. Supreme Court
and you get a different legislature, a
the hopes of getting a favorable result
are multi-member courts, where
different executive and you make laws
in the case at hand,” he said.
decisions are made in the majority,
that are different and eventually they
Rubin asked, “What is the role of the
appoint different judges.” She added,
assigned to write a majority opinion,
dissent in a multi-member court?”
however, that “… If I think that
she took into account the views of
Judge Motz replied, “When you’re
something my colleagues have done is
her colleagues on the bench. “I do
not on the court, it seems very easy
fundamentally wrong, then I dissent.”
take them into account,” she said.
to figure out what dissent is.” She
“I’m very interested in trying to get
warned, however, that a vigorous
the detention of so-called enemy
a majority on every case. I’m not
dissent may actually make the
combatants, Rubin asked the two
interested in making it difficult
majority opinion appear stronger.
judges: “Are you concerned about
for someone to join my opinion.”
“There are some situations where I
government statements made to the
However, she noted, “You come
have either tempered the dissent or
courts of a national security need that
across some issues where you feel you
not dissented at all.”
may not be true, that are undermined
Rubin asked Judge Motz if, when
cannot compromise so that you’re
Judge Michael agreed adding,
always working within those two
“Sometimes you write your dissents
parameters.”
hoping that you might persuade the
Referring to recent cases involving
in the end by the government’s own
actions?”
Both Michael and Motz were
Supreme Court to take the case.” But,
careful not to comment on cases
compromise, Motz said she was
Michael said, that too can back-fire.
before their court or possibly to be
reminded of a chat she had with U.S.
He related details of one case where
reviewed by the Supreme Court.
Supreme Court Chief Justice William
he had written a strong dissent and
Speaking in general terms Motz said,
As an example of opinion
24 | UVA Lawyer • Fall • 2007
Law
School
News
“I think that the pull between civil
rights, personal liberty rights, and
national security interest is the big
question that we are confronted with.”
Judge Motz recalled her
DNA Testing Marks Beginning of a
New Civil Rights Movement
By Lindsey Catlett
experience being on a similar panel
at Georgetown Law School a few
remember saying, ‘I certainly am
P
ready to forfeit some of my personal
research on DNA testing to prove
liberty rights …. I want people to
wrongful convictions and the U.S.
be searching and I want there to be
criminal justice system’s faulty
increased security and another judge
appeals process at an event sponsored
months after Sept. 11, 2001. “I can
ROFESSOR BRANDON GARRETT
spoke about his groundbreaking
was on the panel and he said, ‘These
by the Law School’s Center for the
are the times when you have to be
Study of Race and Law and the
the most vigilant.’ And I think I’ve
Human Rights Program.
come to the conclusion that he was
“DNA has led to the
Garrett studied 200 post-
right and I was perhaps too trusting
conviction exoneration victims who
and too worried about the national
were incarcerated and later proven
creation of a new kind of
civil rights movement …”
which DNA testing is one of the most
useful tools to prove innocence because
biological evidence is usually involved.
Most of the 200 people Garrett
security concerns and not worried
innocent using DNA technology.
studied were convicted before 1989
enough about the civil libertarian
According to his study, egregious
when DNA technology was not used
concerns … There is this tension:
errors were made by police during
in criminal investigations. While
we want to be safe and we want to
investigations by courts that
studying the cases, it was apparent
be free. We want both … This is a
wrongfully convicted and appellate
that prosecutors often used unreliable
defining moment that we have right
courts that failed to exonerate in the
evidence, such as hair testing. Garrett
now, this pull between civil rights
appeals process.
said that this technology can’t prove
and national security.”
Judge Michael agreed.
“DNA has led to the creation of a
new kind of civil rights movement
guilt beyond a reasonable doubt because
many people have the same hair type.
“Throughout this country’s history,
around the issues and causes that
when we let down on the 4th
contributed to these wrongful
Amendment … we’ve come to regret
convictions. A movement has
where medical examiners and alleged
it. And, as Judge Motz said, I think
grown around trying to find [those
experts made up forensic evidence
there’s an argument to be made,
wrongfully convicted] and trying
to aid in the defendants’ wrongful
although the questions are tough, for
to use DNA to secure their release.
convictions. Police investigators
holding fast.”
People like me are trying figure out
also coerced false confessions in 16
how in the world this happened and
percent of those studied. Additionally,
The event was sponsored by the
American Constitution Society.
His study also showed blatant
scientific fraud in many of the cases
how we can explain these cases and
unreliable informant testimony and
what we can do to prevent them from
eyewitness identification were used in
happening again,” Garrett said.
the majority of cases.
Garrett’s study was particularly
“It’s not typical that you can
significant because he found that 71
look back on certain decisions and
percent of those wrongfully convicted
determine that the judicial decision
were racial minorities, proving a
was wrong,” said Garret. His study
clear racial bias in the criminal
also addressed trends in the faulty
justice system. The vast majority of
appeals process for the exonerees.
convictions were for sexual assaults for
The appellate courts recognized that
UVA Lawyer • Fall • 2007
| 25
Law
School
News
a third of the wrongfully convicted
had unfair trials, but that the errors
had not affected their guilt.
According to Garrett, 86 percent
Debi Sanders ’78: Twenty Years on the
By Ken Reitz
of the wrongfully convicted were
not exonerated in the appeals
used. He added that many did not
D
process until DNA evidence was
EBI SANDERS ’78, FOUNDER
of the Capitol Area Immigrants’
“We truly are a nation of
immigrants,” she added. “But how
have access to DNA testing and that
Rights (CAIR) Coalition, spoke to Law
did we get where we are today?” She
in some cases, biological evidence
School students about her experiences
explained that in 1986, Congress
was destroyed. Despite some of the
over the last 20 years on the front
passed the Immigration Reform and
exonerees presenting DNA evidence
lines of immigrant advocacy. Sanders’
Control Act (IRCA) which granted
in the appeals process that proved
coalition brings together a wide
amnesty to illegal aliens who could
their innocence, 12 percent were still
range of organizations in the metro
prove that they had been in the U.S.
not exonerated.
Washington, D.C., area including law
since 1982. The Act provided a one
There are many things that can be
done to prevent wrongful convictions
in the future, Garrett explained.
“These are serious civil rights cases.
firms, religious charities and human
year period from May, 1987 to May,
rights advocates.
1988 for those seeking amnesty to
Before she spoke, students viewed
a short documentary produced by a
apply.
“With such a tiny window of
As a result there has been pressure on
student working with CAIR, which
opportunity open,” Sanders said,
police departments to adopt reforms,”
featured interviews with detainees
“we knew we had to work fast and
Garrett noted. He said that double-
at the Hampton Roads Regional Jail,
combine our forces.” She sought the
blind line ups can be used so that a
incarcerated there by the Department
help of Washington, D.C. area pro
victim does not identify the wrong
of Homeland Security for a variety
bono attorneys, religious groups, and
suspect and that confessions can be
of offenses. Some were married to
many other volunteers. The result was
videotaped to prevent police coercion.
U.S. citizens, some had children
the CAIR Coalition. Sanders said that
Crime labs can also be audited to
whose legal status was assured, and
in 1986 the political atmosphere in
detect false forensic evidence.
all had previously held jobs. Some
Washington, D.C. was totally different.
“Through the use of post conviction
had graduated from high school and
“There was a spirit within the
DNA testing we can find out years
college and had become the kind of
government that they actually wanted
a lot of people to get amnesty.”
later that someone who was innocent
productive citizens politicians love
was convicted,” Garrett said. “However,
to extol. According to Sanders, their
there needs to be systemic reform to
crimes would not be considered
50,000 people into the amnesty
prevent these miscarriages from
significant if they were U.S. citizens,
program, partially through litigation.
occurring …. The appellate process is
but because they’re not, they face
clearly not good at judging innocence.”
deportation and separation from
The event was the first in a yearlong series, “Human Rights at Home:
their families.
Sanders said the short, powerful
The coalition was able to get
“Most of the work we did was through
negotiation,” she explained. “You
learn that litigation is very slow
and sometimes you don’t win and
Race, Rights and the U.N. Race
film provokes emotion wherever it is
Convention.”
screened. When she showed the film
then you get all your friends mad at
to members of the board of directors
you for bringing the law suit.”
at the jail where it was filmed, they
were shocked. “Three of the board
26 | UVA Lawyer • Fall • 2007
sometimes you get bad precedent and
Sanders said that immigrant
rights are not a partisan issue. She
members came to me later and asked
cited legislation from the 1996
me immigration questions for their
Congress, signed by President Clinton,
own relatives,” she said.
which “set up some of the situations
Law
School
News
Front Lines of Immigrant Advocacy
we’re dealing with today including
expedited removal, the cut back on
habeas, and certain welfare rights.”
According to Sanders, the political
atmosphere today has not improved.
“Parallel to the growing number of
immigrants and a growing number of
anti-immigrant laws you also have a
growing U.S. prison industry. County
jails are eager to rent bed space to the
government and you have a number of
new private, for-profit prisons being
built,” she said.
Over the years the CAIR Coalition
has launched many successful
projects. One current effort is the
“Asylum Project.” Immigrants landing
at Washington, D.C. area airports
seeking political asylum based on the
credible fear of their return to their
Debi Sanders ‘78
homeland, are referred to the CAIR
Coalition for legal representation.
That program was so successful it was
“We truly are a nation of immigrants, but how did we get
later expanded to Atlanta and, with
the help of other NGOs, has recently
where we are today?”
gone nationwide.
Another successful effort is
known as “The Detention Project.”
Coalition on the legislative side
will be another push for amnesty, but
Project in 2000, the Washington
as well. Coalition members seek
until that happens, they face rising
“When we first started the Detention
immigration office, which covers
support for the Development Relief
numbers of detainees, a decreasing
D.C. and Virginia, held about 100
and Education of Minors (DREAM)
number of immigration law judges,
people on any given day. Now, on any
Act, which is intended to provide
and stringent sentencing guidelines
given day, we have more than 600
protection to illegal alien minors
that limit those judges’ ability to use
people detained by the Washington
for their continued education.
their discretion in hearings. “In the
immigration office.” Sanders said
After passing the Senate Judiciary
old days an immigration judge would
their “triage” system, which is set up
committee in 2006 the bi-partisan
look at two things: ‘What was your
for use in the jails is being challenged
bill has stalled.
crime?’ and ‘were you rehabilitated or
to the limit.
There is work for the CAIR
Sanders said that people in the
coalition are hopeful that one day there
are you a threat?’ Now, immigration
judges can pretty much only look at
‘What was your crime?’”
UVA Lawyer • Fall • 2007
| 27
Law
School
News
Banks Talks to Law Students about
Current Issues in Racial Profiling
By Shea Connelly
R
ICHARD BANKS, A LAW
jurisdictions began requiring data
professor at Stanford, spoke to
collection and banning racial profiling
Law School students on September 21
altogether. Both Democrats and
about the problems that arise from
Republicans in the 1996 presidential
the blurred boundary between
campaign agreed that racial profiling
discriminatory racial profiling and the
was a bad thing, which caused Banks to
Richard Banks
more acceptable suspect description
become suspicious. “Whenever you see
categories blur, many of the practices
reliance in the post 9/11 world. Banks’
Democrats and Republicans agreeing
that might be considered racial
talk was sponsored by the Center for
too quickly about something, there’s
profiling might also be characterized
the Study of Race and Law.
something else going on,” Banks joked.
as suspect description,” Banks said.
According to Banks, racial
profiling was first recognized
After 9/11, the racial profiling
debate arose once again, this time in
For example, if police know that a
certain group committed a crime, and
as a problem domestically in the
the context of anti-terrorism efforts.
they also know that this group only
mid-1990s. In terms of the type of
People debated whether stopping a
accepts people of a certain race, they
people being checked for drugs at
disproportionate number of Arabs
will only question members of that
motorist stops, there appeared to be
and Muslims in airports was racial
race. Some could consider this racial
“wildly disproportionate stopping of
profiling, but in Banks’ opinion, this
profiling, while others would regard it
African-Americans,” Banks said. The
debate was beside the point. Banks
as part of suspect description.
movement to end racial profiling rose
concluded that prohibition of racial
“in response to this abusive practice.”
Banks gave an example of the
negative consequences of racial
profiling. In New Jersey, police
Banks pointed out that judging
profiling would do very little to end
whether a practice is racial profiling
disproportionate questioning of
or suspect description reliance is
certain groups of people.
“The term racial profiling has
an outcome of our reflection on the
fairness of the practice. “First we say
officers, who were looking to catch
political salience, it has emotional
it’s unfair, then we say it’s profiling,”
criminals with drugs, stopped a van
and rhetorical punch, but it doesn’t
Banks said. “We don’t say it’s unfair
of African-American college students.
have any analytical usefulness,” Banks
because it’s profiling.”
The students were not in possession
said. Banks explained that there are
Banks reiterated his belief that
of any drugs, but the police shot at
two categories related to picking out a
thinking about whether or not a
them anyway. In response to this sort
suspect based on race. Racial profiling
practice is racial profiling is not
of event, activists and scholars began
means “relying on a stereotype of the
helpful. A practice that appears to
criticizing police officers for stopping
criminal propensities” of a certain
be racial profiling to some, could
people based on “stereotypes officers
group, he said. Suspect description
be considered suspect description
had about who is more likely to be a
reliance occurs when someone has
reliance by others. Instead, Banks
drug courier,” Banks said.
seen the suspect and knows for a fact
said, law enforcement officials should
what race they belong to.
consider the seriousness of the crime
The movement against racial
profiling was very successful,
It can be difficult to distinguish
they are trying to correct, as well as
supported by the public, scholars,
between the two categories, Banks
the consequences for individuals and
politicians, and law enforcement
explained, especially when it comes
communities of their efforts to deal
officials. Between 1996 and 2000,
to anti-terrorist efforts. “Because the
with the problem.
28 | UVA Lawyer • Fall • 2007
Law
School
News
Virginia’s freedom fighter: Oliver Hill, Jr. accepted the inaugural Oliver W. Hill, Sr. Lifetime Achievement Award for his father.
Virginia’s Freedom Fighter: Law School Honors
Oliver W. Hill, Sr.
By Lindsey Catlett
T
HE LATE OLIVER W. HILL SR.,
said. “He moved America from the
esteemed civil rights attorney, was
darkness of the 19th century to the
honored for his integral role in the
civil rights movement at a Law School
promise of the 21st.”
hundred years has had
Hill, a Richmond native, became
event September 13 in Caplin Pavilion.
a civil rights attorney in the era of Jim
Tomiko Brown-Nagin, Professor
Crow laws, literacy tests, and legalized
of Law and History and the F. Palmer
lynching. He was a 1933 graduate of
Weber Research Professor in Civil
Howard University’s law school at a
Liberties and Human Rights,
time when most African Americans
moderated a panel discussion that
were denied admission to higher
celebrated Hill’s achievements and
education, solely on the basis of race.
called upon students to continue his
He would go on to serve as counsel
legacy of fighting for equal justice.
“No Virginian in the past
in granting pay equity for black and
such an impact on the life
of our Commonwealth as
Oliver Hill.”
would also play an important role
white teachers in Alston v. School
in integrating higher education. Hill
Board of Norfolk, Va., his first civil
filed a suit on behalf of students in
emeritus professor of law, quoted
rights case to go to the U.S. Supreme
Farmville, Virginia, that would later
Gov. Timothy Kaine: “No Virginian
Court.
be incorporated into Brown v. Board
Panelist Robert M. O’Neil, former
president of the University and
in the past hundred years has had
Hill then became a lawyer for
of Education, the 1954 landmark case
such an impact on the life of our
the NAACP and began attacking
that made public school segregation
Commonwealth as Oliver Hill,” he
Virginia’s segregated schools. He
unconstitutional. Despite the
UVA Lawyer • Fall • 2007
| 29
Law
School
News
ruling in Brown, public schools
only an extraordinary, creative,
social purpose behind integrating
across Virginia, including those in
and committed attorney who
graduate and professional schools. It
Charlottesville, remained segregated
has guided so many civil rights
was just simply not about expanding
for years afterward. Hill continued
principles through the courts,
the number of black bourgeoisie,
to practice civil rights law until 1998
this [was] a person of patience, of
but also the development of a
and received over 90 awards for his
perseverance, sensitivity, and above
professional class that would be
commitment to social justice.
all, of confidence and courage in
of service to the human liberation
persevering to do what he knew was
struggle.”
Panelist Claudrena Harold,
assistant professor of history and
not only right, but inevitable.”
The Center for the Study
of Race and Law presented the
African-American studies at the
Hill played a crucial role in the
University, spoke of Hill’s legacy:
integration of both undergraduate and
inaugural Oliver W. Hill Sr. Lifetime
higher education; Marsh and Harold
Achievement Award at the event,
emphasized that University students
which will be given yearly to a civil
“Over the course of his public life,
Hill labored earnestly to dismantle
America’s system of racial apartheid.”
should continue his commitment to
rights activist that embodies Hill’s
Harold said he was being honored
equal justice. “If we are to give meaning
ideals and commitment to equality.
for, “his and others’ perpetual
to Mr. Hill’s life, we have to examine
The first recipient was Oliver Hill Sr.
criticism, because of his courageous
the environment here at the University
and his son, Oliver Hill Jr. accepted
the award on his father’s behalf.
activities, and because of his
of Virginia and what steps we can take
unfailing commitment to American
to make Mr. Hill’s dream of equality a
democracy.”
reality for everyone,” Marsh said.
Panelist Henry L. Marsh III,
Harold called upon the
The event was sponsored by the
Black Law Students Association, the
Center for the Study of Race and Law,
Virginia state senator and Hill’s
University’s prospective lawyers to
the Office of the Vice President and
former legal partner, said that Hill’s
fulfill that dream and emphasized
Chief Officer for Diversity and Equity,
leadership was so effective because he
Hill’s significance in integrating
the Carter G. Woodson Institute for
used the law rather than violence to
higher education: “I think it’s
Afro-American and African Studies,
correct discrimination.
important to us to understand
the Office of the Vice President, and
that for Oliver Hill the fight for
Chief Student Affairs Officer.
O’Neil also spoke of Hill’s use
of the law, as well as his passion
integration was not just simply the
for social justice: “This [was] not
fight for integration for integration’s
sake. There was a reason, there was
30 | UVA Lawyer • Fall • 2007
Law
School
News
A.E. Dick Howard ’61
Jim Ryan ‘92
Faculty Panel Reviews Previous Supreme Court Term
By Ken Reitz
T
HE 6TH ANNUAL SUPREME
was not a term that was clearly moving
Might there be future vacancies? If
Court Round-Up, sponsored by
in one direction or the other,” he said.
so, who will replace them?” And,
the Student Legal Forum, played to
With this past term, however, Howard
he wondered, following next year’s
a packed Caplin Pavilion audience
noted, “You can begin to see the more
election, who will do the appointing?
and featured a panel of Law School
aggressively conservative thrust of the
professors moderated by Professor
Supreme Court, manifestly the effect of
A.E. Dick Howard ’61.
Howard provided the historical
Howard introduced the panel,
which reviewed selected cases and
Samuel Alito taking the seat of Sandra
included professors Lillian BeVier,
Day O’Connor.” Howard cited the
who looked at first amendment cases;
background on what’s now known as
partial-birth abortion case and several
Jonathan Cannon, who examined
the Roberts Court, headed by Chief
school cases as evidence of the Courts’
environment related cases; and
Justice John Roberts. He noted that
drift to the right.
Jim Ryan ’92, who commented on
there are no justices left from the
Regarding last term’s closely
education related cases.
BeVier narrowed her review down
Earl Warren Supreme Court era; that
watched, and ideologically divided,
prior to 2005 it had been 11 years
5-4 decisions, Howard described the
to two cases: one regarding campaign
since there had been any changes on
dissenters as frustrated. “They’re
finances and the other popularly
the Supreme Court; and that of the
more likely to read their dissent from
known as “Bong Hits 4 Jesus.”
nine sitting justices, seven had been
the bench, there seems to be more
Regarding the 5-4 decision in the
appointed by Republicans and two by
edge to them,” he said.
campaign finance case BeVier said the
Democrats.
Howard noted that while there
case revealed the scope of the division
could be another quarter century of
between liberal and conservatives on
the faculty panel gave the Court a
the Roberts Court, several questions
the Court. “It’s not a divide,” she said.
mixed scorecard. “The 2005-2006 term
arise: “Will these divisions persist?
Howard pointed out that last year
“It’s a philosophical chasm [with] the
UVA Lawyer • Fall • 2007
| 31
Law
School
News
“It’s a philosophical chasm
who were pushing this case to
unlock the national policy process
[with] the advocates of
to respond to climate change.” He
added that he believed it “provides a
free political speech
rallying point for climate change as
a touchstone for the public on these
on one side and the
issues.”
Ryan looked at two voluntary
proponents of regulation
integration cases decided in the past
on the other.”
in Seattle. He focused on the Seattle
term; one in Kentucky and the other
case involving a plan in which every
student in the city could choose one
of ten high schools to attend. That
choice would be considered the
advocates of free political speech
on one side and the proponents of
student’s first choice unless the school
regulation on the other.”
was over-subscribed. If that was the
What scares me about this chasm,”
Lillian BeVier
if the student had a sibling in the first
bridging it.”
“Bong Hits 4 Jesus” involved a
case the choice would be made by the
school based on several tie-breakers:
she added, “is that I don’t see a way of
Churchill commenting on a pudding
school of choice or if the student’s
high school student’s effort in 2002
he was served, “It was a very nice
race would help racial balance at the
to garner face time on TV during
pudding but it rather lacked a theme.”
school of choice the student would be
the parade of the Olympic torch by
Cannon spoke about four
assigned to that school.
erecting a banner reading “Bong Hits
important environmental law cases
4 Jesus.” Predictably, the school’s
decided last term. He commented that
principal forced him to take the
two of the cases were taken against
were rancorous with Justices flinging
banner down and the student was
the wishes of the Solicitor General’s
charges of “recklessness” and
suspended. The student later sued,
office, which was unprecedented
“lawlessness” at each other. He said
claiming his First Amendment rights
in the last two terms. “In three of
the case served to highlight Justice
had been violated. BeVier described it
these four cases,” Cannon said, “the
Kennedy’s position as a swing vote on
as “... a case that the ACLU probably
decision was pro-environmental,
the panel. Ryan said that Kennedy’s
should not have agreed to litigate
and even more significantly, in two
concurring opinion left the door
on behalf of the students; that the
of those pro-environmental rulings
open to revisit the issue. The case
students should never have gotten
there was a unanimous decision,
offers, “... a glimpse, but only a
to first base on; and that the Court
which meant that the ruling had the
glimpse, into the Roberts Court, a
itself should never have taken.” The
support of even the conservative
somewhat troubling glimpse insofar
Court ruled against the student in
justices on the Court.”
as it suggests that this court may
another split decision. BeVier said
Cannon considered Massachusetts
He said the written opinions
in the split decision against Seattle
not be as restrained or indeed as
it was difficult to judge from these
v. EPA the more important of the
principled as we might have hoped,
and other First Amendment cases
four because it was the Court’s first
at least where something that we
heard throughout the term what
case dealing with climate change.
might really care about is at stake,” he
direction the court will likely lean on
He called the Court’s split decision,
said.
First Amendment issues. She said it
forcing the EPA to use its authority to
reminded her of a quote by Winston
regulate greenhouse gas emissions, “A
ringing victory for environmentalists
32 | UVA Lawyer • Fall • 2007
Law
School
News
The View From Here: SBA President
By Brian Leung ’08
N
OW IS AN EXCITING TIME TO
The SBA has also maintained many
be a Virginia Law student. As
Law School traditions and perennial
you read this, 1Ls are taking their
favorites, including the Thursday
first crack at outlining courses. Many
Social in Spies Garden, the Fall Picnic,
of them have learned that it is easier
Foxfield, football tailgates, blood
to color-code and hyperlink their
drives, and, of course parties.
In short, it’s a great time to be
outlines than it is to worry about
things like “substance.” The 2Ls are
a Virginia Law student. We’ve got
largely done with their interview
a record 78 student organizations
season and are either struggling to
and journals. At the end of last year,
pick the perfect firm for them or
we picked up a number of awards
basking in the glory (and free gifts)
in addition to the Law Weekly
of having made their decisions. The
recognition, including the National
3Ls are in a similar situation — they
Chapter of the Year for the Black Law
are either struggling to perfect their
Brian Leung ’08
Trademark Association Moot Court
of the warm sun. Regardless of year,
the students are echoing the same
The Student Bar
competition, and the ABA Antitrust’s
Association has launched
AboveTheLaw blog readers voted
writing competition award. Indeed,
sentiment — it’s great to be a UVA
Wahoo.
UVA to be the “coolest” law school
In addition to focusing on
academics and the job search,
a series of diversity
events emphasizing
the importance of
diversity both within the
Law School and in the
workplace.
classrooms, and faculty members.
’77, and can’t wait for the rematch.
around here. There is always a
top notch legal education, but also
our student organizations, facilities,
fathers of the organization, Class of
Softball is not all that’s happening
in law school. You continue to make
this possible by funding not just our
commissioners are still gloating over
the 12-11 victory over the founding
the way for us to have an enjoyable
— even enviable — three years here
seems that every year, more and more
softball teams are popping up. Our
thank you, our alumni, for making
all of this possible. You have paved
the North Grounds Softball League
put together a well-run season, and it
tournament.
I want to just take a moment to
Copeley Field have both seen a lot of
softball action this semester. As usual,
in the country, after a competitive
(and prestigious!) bracket-style
students have been busy all around
North Grounds. The Superfields and
Students Association, the regional
competition for the International
golf swing or basking in the glory
Constitution Society brought Tom
Without your support, we would
Goldstein of SCOTUSblog fame to
not be who we are today — a group
flurry of activity throughout the
speak earlier in the fall. The Student
of citizen lawyers, bright-eyed and
Law School. For the second year
Bar Association has launched a series
bushy-tailed, ready to take on the
in a row, the Virginia Law Weekly
of diversity events emphasizing the
world, one bar review at a time. I am
has earned the ABA award for
importance of diversity both within
so proud to be a UVA Wahoo.
Best Newspaper. The American
the Law School and in the workplace.
UVA Lawyer • Fall • 2007
| 33
Law
School
News
Commencement 2007
T
O BE SUCCESSFUL IN TODAY’S LEGAL WORLD,
lawyers must be able to master the rapid changes that
made it possible for a company in Kansas City to have a
supply chain that spans three countries on two continents,
accompany progress, said Arizona Gov. Janet Napolitano
or for a technician in India to interpret the results of an
’83 at the May 20 commencement ceremony at the Law
x-ray of a patient in Texas, she said. Ordinary lawyers will
School. Changes in technology, international law, and the
have to sort through the laws that govern transactions that
rule of law are three areas that will affect the entire legal
pass through international borders. International law will
profession over the next century. She challenged the Class
no longer be an area for just specialists and academics, she
of 2007 to make sense of these transformations. “Your job
observed, but a fact of life that all lawyers must have in
will be to sort out where to alter the law and where to leave
their tool kits. International law “will be part and parcel of
it alone,” she said.
the routine practice of law and you will have to master it.”
The convergence of science, medicine, and engineering
will continue to produce unimaginable and unpredictable
Lawyers will also have to protect the rule of law in this
ever-changing environment. When the founders set out
results, explained Napolitano. “It will be up to lawyers to
to create “a more perfect union” during the formation
get ahead of the changes,” she said. “When you consider
of the United States, they passed on the responsibility of
that we have now mapped the human genome, that
protecting the rule of law to subsequent generations.
our mobile phones allow us to watch videos and make
As the Class of 2007 makes their way into the rapidly
them, and that we may only be a year or two away from
changing world, Napolitano offered two pieces of advice.
a production line car that routinely gets more than 100
First, she told graduates not to lose themselves in the
miles to the gallon, it becomes clear that the speed at
overwhelming first years of practice, when new lawyers
which our world reinvents itself is astonishing. And as the
learn law through practice and work long hours.
changes come faster and faster, someone needs to make
sense of them.”
Napolitano noted that international law also will
continue to undergo myriad changes. Globalization has
“You do have the right to nourish your spirit, keep
close to your family, and grow in ways that extend beyond
knowledge of the law,” she said.
Second, she recommended graduates use their talents
UVA Lawyer • Fall • 2007
| 35
Law
School
News
2007 Graduation Awards
Margaret G. Hyde Award
Ajeet Pundalika Pai
James C. Slaughter Honor Award
Khang Vinh Tran
Thomas Marshall Miller Prize
Porter Noell Wilkinson
Z Society Shannon Award
Ajeet Pundalika Pai
Law School Alumni Association
Best Note Award
Thomas Chiunhong Chen
Robert E. Goldsten Award for
Distinction in the Classroom
Andrew MacMaster Carlon
Teah Lolita Frederick
Roger and Madeleine Traynor Prize
Andrew MacMaster Carlon
James Michael McDonald
Herbert Kramer/Herbert Bangel
Community Service Award
Kelly Dionna Voss
Mortimer Caplin Public Service Award
Brent Vernon Savoie
Robert F. Kennedy Award for Public Service
Rachel Elizabeth Cella
Edwin S. Cohen Tax Prize
Jason Lee McIntosh
Earle K. Shawe Labor Relations Award
Sarah Louise Pendergraft
you became a lawyer for financial gain, she said. “To know
John M. Olin Prize in Law and Economics
Thomas Chiunhong Chen
the law is to know how to make this world better through
Eppa Hunton IV Memorial Book Award
Christopher David Jackson
Virginia Trial Lawyers Trial
Advocacy Award
Teah Lolita Frederick
Virginia State Bar Family
Courtney Willson Cass
to improve their communities. You’ve missed the point if
its proper application and to practice law properly is to
engage in public service of the highest order. Never forget
that being an attorney is not just a job, it is a calling, it is a
way of life,” she said.
“So for the future, I say do all of these things, do them
well. For tomorrow I say good luck on the bar exam.
And for today, I simply say congratulations, ladies and
gentlemen, you’ve done it.”
Dean John Jeffries called the Class of 2007 the “most
committed, the most engaged, the most active, and
successful class in our long history.
“You leave here with opportunity and with power. And
we who send you on your way are proud of your skills,
proud of your commitment, and confident in your future.
We are glad to have been present at the creation of your
careers in the law.”
The Law School conferred 364 Juris Doctor degrees,
33 Masters of Laws degrees, and one Doctor of Juridical
Science degree to the Class of 2007.
36 | UVA Lawyer • Fall • 2007
Law Book Award
Law
School
News
Clerkships for 2007–2008 Term
Jennifer Lynn Attrep ’06
The Honorable Richard J. Leon
U.S. District Court for the District of
Columbia
Thomas Bednar ’04
The Honorable Royce Lamberth
U.S. District Court for the District of
Columbia
Janna Ione Berke ’06
The Honorable Berle M. Schiller
U.S. District Court for the Eastern District of
Pennsylvania
Jason Binder ’05
The Honorable Diane Kroupa
U.S. Tax Court
Pamela Karten Bookman ’06
The Honorable Robert D. Sack
U.S. Court of Appeals for the Second Circuit
Jason Robert Brege ’06
The Honorable Douglas O. Tice Jr.
U.S. District Court for the Eastern District
of Virginia
Pauletta Jean Brown ’06
The Honorable Louise W. Flanagan ’88
U.S. District Court for the Eastern District of
North Carolina
Justin Bernick ’07
The Honorable Robert Doumar ’53, LL.M. ’88
U.S. District Court, Eastern District of Virginia
Kate Dalzell ’07
The Honorable John M. Rogers
U.S. Court of Appeals for the Sixth Circuit
John Blanton ’07
Staff Clerkship
Richmond Circuit Court
Linda Fang ’06
The Honorable Robert E. Cowen
U.S. Court of Appeals for the Third Circuit
Jennifer Bowen ’05
The Honorable Timothy Savage
U.S. District Court, Eastern District of
Pennsylvania
Chad Farrell ’07
The Honorable Robert Beezer ’56
U.S. Court of Appeals for the Ninth Circuit
Pauletta Brown ’06
The Honorable Myron Steele ’70, LL.M. ’04
Delaware Supreme Court
Jamie Burro ’07
The Honorable George Kazen
U.S. District Court, Southern District of Texas
Andrew Carlon ’07
The Honorable Milan Smith
U.S. Court of Appeals for the Ninth Circuit
Courtney Cass ’07
The Honorable J. Frederick Motz ’67
U.S. District Court, District of Maryland
Gwendolynne Chen ’07
The Honorable Allan Rosas
Court of Justice of the European
Communities
Lindsay Blair Buchanan ’06
The Honorable Leonie M. Brinkema
U.S. District Court for the Eastern District
of Virginia
Tom Chen ’07
The Honorable Alvin Schall
U.S. Court of Appeals for the Federal Circuit
Michael Franklyn Buchwald ’06
The Honorable George P. Schiavelli
U.S. District Court for the Central District of
California
Gena Chieco ’07
The Honorable Thomas Rawles Jones, Jr. ’73
U.S. District Court, Eastern District of
Virginia
Supreme Court Clerkship
2007–2008 Term
Leslie Carolyn Kendrick ’06
Justice David Souter
Supreme Court of the United States
Adam Fotiades ’07
The Honorable James C. Cacheris
U.S. District Court, Eastern District of
Virginia
Loyd Gattis ’07
The Honorable James Spencer
U.S. District Court, Eastern District of
Virginia
Robert Glass ’07
The Honorable Kenneth Marra
U.S. District Court, Southern District of
Florida
Jeremy Graves ’07
The Honorable Adlai S. Hardin, Jr.
U.S. Bankruptcy Court, Southern District of
New York
Jamieson Lee Greer ’07
The Honorable Irena Pelikanova
Court of Justice of the European
Communities
Angela Harris ’07
The Honorable T.S. Ellis III
U.S. District Court, Eastern District of
Virginia
Paul Crane ’07
The Honorable J. Harvie Wilkinson III ’72
U.S. Court of Appeals for the Fourth Circuit
John Hickey ’07
The Honorable Russ Kendig
U.S. Bankruptcy Court, Northern District
of Ohio
Scott Cullen ’05
The Honorable R. Barclay Surrick LL.M. ’82
U. S. District Court, Eastern District of
Pennsylvania
Isak Howell ’07
The Honorable Samuel Wilson
U.S. District Court, Western District of
Virginia
UVA Lawyer • Fall • 2007
| 37
Law
School
News
Christopher Jackson ’07
The Honorable Danny J. Boggs
U.S. Court of Appeals for the Sixth Circuit
Suzanne Moses ’07
The Honorable Robert B. King
U.S. Court of Appeals for the Fourth Circuit
Christine Kim ’07
The Honorable Diarmuid F. O’Scannlain
LL.M. ’92
U.S. Court of Appeals for the Ninth Circuit
Mitch Mosvick ’07
The Honorable Jackson L. Kiser
U.S. District Court, Western District of
Virginia
Lisa Kinney ’07
The Honorable Diana Gribbon Motz ’68
U.S. Court of Appeals for the Fourth Circuit
Jon Mureen ’07
The Honorable Sidney Fitzwater
U.S. District Court, Northern District of
Texas
Kate Kochendorfer ’07
The Honorable Jamie Orenstein
U.S. District Court, Eastern District of
New York
Vanessa Kolbe ’07
The Honorable Terence T. Evans
U.S. Court of Appeals for the Seventh Circuit
Jen Kosteva ’07
The Honorable James C. Dever III
U.S. District Court, Eastern District of North
Carolina
Shannon Lang ’07
The Honorable Nancy Friedman Atlas
U.S. District Court, Southern District of
Texas
Ajeet Pai ’07
The Honorable Paul V. Niemeyer
U.S. Court of Appeals for the Fourth Circuit
Cathleen Phillips ’07
The Honorable James C. Cacheris
U.S. District Court, Eastern District of
Virginia
Rob Prince ’06
The Honorable Louis F. Oberdorfer
U.S. District Court, District of Columbia
Jennifer Pucci ’07
The Honorable Brian Burgess
Vermont Supreme Court
David Tejtel ’07
The Honorable Louise Flanagan ’88
U.S. District Court, Eastern District of North
Carolina
Scott Tenley ’06
The Honorable Cormac J. Carney
U.S. District Court, Central District of
California
Khang Tran ’07
The Honorable Robert G. Mayer ’75
U.S. Bankruptcy Court, Eastern District of
Virginia
Miranda Turner ’07
The Honorable Beverly Martin
U.S. District Court, Northern District of
Georgia
Brian Vines ’07
The Honorable William H. Pryor, Jr.
U.S. Court of Appeals for the Eleventh
Circuit
Mark Walker ’07
The Honorable Norman K. Moon ’62, LL.M.
’88
U.S. District Court, Western District of
Virginia
Christopher Lynch ’07
The Honorable John D. Bates
U.S. District Court, District of Columbia
Alex Pyke ’07
The Honorable Andrew Hanen
U.S. District Court, Southern District of
Texas
Porter Wilkinson ’07
The Honorable Brett M. Kavanaugh
U.S. Court of Appeals for the D.C. Circuit
Matthew Madden ’07
The Honorable Stephen Williams
U.S. Court of Appeals for the D.C. Circuit
Jennifer Rada ’07
The Honorable Jeb Boasberg
Superior Court of the District of Columbia
Melanie Wilson ’07
The Honorable Kenneth F. Ripple ’68
U.S. Court of Appeals for the Seventh
Circuit
Jonathan Marx ’06
The Honorable Phyllis Kravitch
U.S. Court of Appeals for the Eleventh
Circuit
Adam Schwartz ’07
The Honorable Henry Hudson
U.S. District Court, Eastern District of
Virginia
James Yeagle ’07
The Honorable Boyce Martin ’63
U.S. Court of Appeals for the Sixth Circuit
James McDonald ’07
The Honorable Jeffrey Sutton
U.S. Court of Appeals for the Sixth Circuit
Evan Shea ’07
The Honorable Benson E. Legg ’73
U.S. District Court, District of Maryland
Paige Yurachek ’07
The Honorable Liam O’Grady
U.S. District Court, Eastern District of
Virginia
Derek Moore ’06
The Honorable Claude Hilton
U.S. District Court, Eastern District of
Virginia
Sheri Shepherd ’06
The Honorable Peter J. Messitte
U.S. District Court, District of Maryland
James Zucker ’07
The Honorable Jerry E. Smith
U.S. Court of Appeals for the Fifth Circuit
Everton Morris ’07
The Honorable Edwin H. Stern
New Jersey Superior Court, Appellate
Division
38 | UVA Lawyer • Fall • 2007
A. Blackwell Stieglitz, Jr. ’07
The Honorable John Heyburn
U.S. District Court, Western District of
Kentucky
Faculty News & Briefs
Lilly, Merrill, O’Neil Retire
Professors Graham Lilly, Richard Merrill, and Robert O’Neil retired at the end of the 2006–2007 academic year. Dean John
Jeffries honoured them at a ceremony in May, and published tributes to them in the Virginia Law Review, excerpts of which
appear below.
OBERT M. O’NEIL CAME TO THE LAW SCHOOL
not directly, but incidentally, as a consequence of
his appointment in 1985 as the sixth President of
the University of Virginia. Before that, he had a
distinguished career as a teacher and scholar, beginning at
the University of California at Berkeley in 1963, the year
after he finished clerking for Justice Brennan. He made a
name for himself as an academic with his trenchant defense
of affirmative action and for his spirited examination of
First Amendment guarantees in the university context, then
as now matters of great controversy. Bob soon embarked
on what was to become a long and varied career as an
administrator, serving as Provost of the University of
Robert O’Neil
Cincinnati from 1972–1973, Vice President of the
Bloomington campus of Indiana University from
1975–1979, and President of the University of Wisconsin
To his great credit — and to our great
System from 1980-1985. Along the way, he accumulated a
long list of chairmanships, directorships, and leadership
gratitude — he threw himself into
positions at some of the nation’s most prominent
institutions, including the National Association of State
teaching and into the lives of our students.
Universities and Land-Grant Colleges, the American Civil
Liberties Union, and the Association of American
Universities. Bob remains involved in a number of
to resist threats to free expression from all sides of the
contemporary issues, serving as Director of the Ford
political spectrum. As Director, Bob has been a major
Foundation’s Difficult Dialogues Initiative and as Chairman
and constructive force in the life of the Charlottesville
of the AAUP Special Committee on the Effect of Hurricane
community and an indefatigable spokesman in
Katrina on New Orleans Universities.
Charlottesville and beyond for free expression, whatever
When Bob left the Presidency in 1990, he came to the
Law School and also and simultaneously to the Thomas
the context and whatever the content ….
Even this abbreviated account of a lifetime of
Jefferson Center for the Protection of Free Expression, of
achievement and leadership will suffice to suggest how
which he became the inaugural director. The Thomas
many different interests, activities, committees, and
Jefferson Center is a nonpartisan institution created
appointments competed for Bob’s time when he left the
UVA Lawyer • Fall • 2007
| 39
Faculty
News
Presidency. He could have devoted himself entirely to the
Thomas Jefferson Center and to positions of prominence
and prestige in the academic establishment. Instead, to
his great credit — and to our great gratitude — he threw
himself into teaching and into the lives of our students.
Bob O’Neil’s teaching has of course centered on
the First Amendment, including popular courses on
Speech and Press and Church and State, and including
as well cutting-edge instruction on Free Expression in
Cyberspace and The First Amendment and the Arts. Bob
also devised the First Amendment Clinic, one of the first
and best of our clinical opportunities …. On all subjects,
Bob’s classes are marked by broad and deep knowledge,
Graham Lilly
by respect for student opinions and concerns, and by a
constructive willingness to involve his colleagues on the
faculty in areas of their special interest and expertise.
Graham Lilly was always the go-to guy,
In my experience, the dean is often the last to know
what’s going on in an institution, but one thing deans do
the person called on by his colleagues to
hear loud and clear is student appreciation of teachers. Bob
O’Neil’s students are keenly appreciative of what he does
sort out the mess and reach an equitable
in the classroom. They have feelings for him of affection
and admiration, and they are fully cognizant of their good
solution.
fortune in having the opportunity to learn from one of the
nation’s acknowledged experts in the First Amendment.
And, some of them, at least, will continue to have that
Judge Advocate General’s School. The recipient of an Army
opportunity, as Bob has agreed to continue offering the
Commendation Medal, Graham was discharged as a captain.
First Amendment Clinic, even after his formal retirement.
He joined the faculty of the Law School in 1967 and in 1980
The day Bob O’Neil was appointed President was a
was named the Henry L. and Grace Doherty Professor of
good day for the University and an even better day for
Law. In 1987, he was appointed to the Armistead M. Dobie
the Law School. Thanks to that appointment, we’ve had
Professorship. This year marks the fortieth year of Graham
now nearly two decades of Bob O’Neil in our midst and
Lilly’s service on the faculty and the last — a milestone to be
in our classrooms. We have come to know the lawyer and
celebrated with admiration and no little sadness.
the man. We have had the opportunity to witness first-
From the beginning of his service on the faculty,
hand his profound sense of citizenship and responsibility,
Graham’s combination of exquisite judgment, ecumenical
to benefit from the generosity of his judgments, and to
personality, and meticulous sense of fairness made him
appreciate the steadfastness and loyalty that dominate his
the logical candidate for all sorts of institutional hot
character. And we are truly grateful.
potatoes. Today, the Law School has deans and committees
and professional staff to deal with almost every problem,
but that was not always true. In Graham’s early years, the
G
RAHAM LILLY IS, OF COURSE, NOT ONLY A
faculty sat as a committee of the whole for many issues,
professor at the Law School but also a graduate of
including student disciplinary actions, thorny problems of
the Law School, class of 1963. Graham practiced
law with Covington & Burling in Washington, D.C., before
academic policy, and a variety of other questions. Graham
Lilly was always the go-to guy, the person called on by
deciding to do a stint in the United States Army. Between
his colleagues to sort out the mess and reach an equitable
1964–1967 Graham served first as an editor for The Judge
solution — a solution in which everyone would have
Advocate Legal Service, and later as faculty member in the
confidence, because of the person who reached it.
40 | UVA Lawyer • Fall • 2007
Faculty
News
Graham did that on more occasions than he would
like to recall, and on more occasions than our junior
and dedication and character. Though it can only be
received once, in 1987 students honored Graham for
colleagues would have thought possible. His talent for
his exceptional classroom work with the University
resolving tough issues propelled him to a number of
Distinguished Professor Award.
administrative assignments, including Assistant Dean
If it is possible for an entire institution’s commitments
from 1969–1973, Associate Dean for Academic Affairs
and values and culture to be embodied in one individual,
from 1986–1989, and Associate Provost of the University
Graham Lilly is that person. He is the favorite of
in 1989–1990. But the greatest and most enduring of
generations of students and the friend and conscience
Graham’s special assignments was as the first Director of
of his colleagues on the faculty. For many graduates, he
the Law School Foundation (1973–1976), a position which
is the remembered face of the institution and its leading
he held part-time while serving as a member of the faculty.
exemplar. He is the soul of the Law School.
In that capacity, Graham Lilly helped launch the
tradition of alumni support for the Law School. At the
time, the concept was new in public education. Today,
ICHARD MERRILL CAME TO THE LAW SCHOOL
the “margin of excellence” of private giving that Graham
in 1969. He received both undergraduate and law
helped begin has become, quite simply, indispensable ….
Graham’s academic specialties are Civil Procedure,
degrees from Columbia, spent two years in Oxford
as a Rhodes Scholar, and clerked for Judge Carl McGowan
Evidence, Constitutional Law, and Conflict of Laws.
of the United States Court of Appeals for the District of
He wrote a wonderful little book on evidence — it’s
Columbia Circuit. Dick then spent four years in private
wonderful precisely because it’s little — An Introduction
practice with Covington & Burling and began a life-long
to the Law of Evidence, which is now in its fourth edition.
engagement with administrative law. He arrived in the Law
Graham’s former student, John Gleeson ’80, former Gotti
School thirty-eight years ago and has been with us ever since,
prosecutor and now a United States District Judge in
save for a sabbatical following his deanship and two years as
the Eastern District of New York, says that Graham’s is
Chief Counsel of the Food and Drug Administration.
the only book — other than the rules themselves — that
Dick’s academic specialties are Administrative Law,
he keeps with him in the courtroom. In John’s words
Food & Drug Law, and Environmental Law, fields in
to Graham, “I will remain in your debt for as long as I
which he enjoys a great many distinctions. Since 1979, he
preside over trials.”
has been a member of the Institute of Medicine of the
But Graham’s real subject, more than Evidence or
National Academy of Sciences. Dick’s work on behalf of
Conflicts or Civil Procedure, was always what it means to
these organizations has run the entire gamut of health and
be a lawyer. For Graham, as his students fully understand,
science policy, from food labeling and the regulation of
this is not only a matter of substantive knowledge, though
pesticides to risk assessment and committees studying the
it is surely that, but also, and equally, a matter of character
efficacy of other committees, and his efforts have been no
and integrity. Even beyond that, it is a certain mental
less deep than they have been wide.
stance — carefulness, faithfulness, responsibility, and
balance; the indefinable amalgam of confidence and
One could go on in this vein — and to good purpose
— for Dick is a man of many accomplishments, but most
discretion that lawyers call judgment and that the rest of
of all, Dick Merrill will be remembered for what he did
the world knows simply as wisdom.
in and for the Law School. He was, of course, the Dean,
Just as it means something to learn to think like a
from 1980 until 1988, when he left on a schedule he had
lawyer, it also means something to learn to serve as a
worked out and announced at the end of his first term,
lawyer, and that Graham Lilly has taught, by precept
and his eight years of leadership were, by any measure, a
and by example, these past forty years. And our students
resounding success.
loved him for it. There have been flashier teachers, some
In those days, our private fund-raising efforts were still
more flamboyant and demonstrative, but our students
immature, but Dick brought us up fast. When he took over,
know the genuine article. Even as they enjoy theatrics
the endowment of the Law School Foundation was only
and entertainment, their hearts are with commitment
$7 million; when he left, it was more than $26 million. If
UVA Lawyer • Fall • 2007
| 41
Faculty
News
did this duty for eight years, and no one has ever done it
better. His talks were gems of wit, warmth, and polish, not
a word or thought out of place, and so elegantly done that
they seemed — as they surely were not — effortless. He
had the style of a great dean.
Dick also had a quality not often found in deans, great
or otherwise. He was a gentle leader — meticulously
observant of the sensibilities of those around him,
unfailingly respectful of their views and contributions,
never in such a rush to the right outcome that he
stepped on anyone to get there. He deflected praise and
recognition. There is an article by Dick, published in our
Richard Merrill
alumni magazine in 1988, entitled “Reflections at the
End of a Deanship.” Given that bully pulpit, most of us
would have filed a brief on behalf of our contributions,
His talks were gems of wit, warmth, and
but Dick said almost nothing about himself. He thanked
those around him, praised the efforts of others, and
polish, not a word or thought out of place,
devoted the bulk of the article to discussing Law School
needs and aspirations. He said nothing at all about his
and so elegantly done that they seemed —
accomplishments as dean, though they were legion. This
modesty — if that’s the right word — is true and deep.
as they surely were not — effortless.
And that’s not a matter of style, but of character.
Finally, Dick Merrill has been the best ex-dean
imaginable. He remained active and engaged, not only
the same rate of increase could have been maintained ever
in his own teaching and scholarship, but also in issues of
since, we would currently have an endowment of more
governance, development, communications, and alumni
than half a billion dollars.
Dick also was the creator of research chairs, a brilliant
relations. He somehow contrived to do so while remaining
almost wholly invisible. He was never a competitor to
innovation of endowed positions rotated on three-year
his successors, much less a critic, but a collaborator so
terms. Appointments to research professorships are based
thoroughly quiet about his own contributions that almost
on merit, not seniority, and are often given to junior faculty.
no one outside the dean’s office ever saw them happen. To
Senior faculty typically have permanent appointments to
me personally, Dick Merrill has been a godsend, an anchor
endowed chairs and from time to time may hold research
to windward in matters of judgment, a gifted editor of
chairs as well. Research professorships provide a way to
external communications, a savvy advisor on internal
recognize teachers and scholars of unusual productivity,
relations, and always a sympathetic ear. This is not style,
and, not incidentally, greatly increase the number of
either, but generosity and friendship.
naming opportunities for donors ….
I hope it will not seem inappropriate if I add three
Anyone who pens a tribute to Dick Merrill does so
recognizing that he could do it better, that he would come
more personal comments. All spring from the vantage of
closer to the mark in trying to articulate what he has
being one of Dick’s successors.
meant, to his colleagues on the faculty, to the students of
First, deans make a great many talks. Most are — or
today, and to thousands upon thousands of alumni. He has
should be — very short. Not many, if truth be told,
been a leader and a builder of the Law School — in and out
are on occasions of lasting importance, but most of
of the dean’s office — for nearly 40 years. Few have had as
them are important to someone. The four minutes
much impact on this institution. Fewer still have done so
spent introducing a speaker, or welcoming alumni, or
much, so gently. And none has more completely captured
congratulating students, matter to them. Dick Merrill
the admiration and affection of his colleagues.
42 | UVA Lawyer • Fall • 2007
Faculty
Briefs
In March Ken
“Bong-Hits 4 Jesus” case and the
and at the annual meeting of the
Abraham spoke
campaign finance regulation case,
Virginia Alliance on Mental Illness in
at Case Law
FEC v Wisconsin Right to Life.
Richmond in September.
School, on
In September, BeVier
During this period, Bonnie also
“Which Came
participated as a panelist, again
gave several presentations on “Ending
First: The
talking about First Amendment cases,
the Tobacco Problem. Blueprint for the
Liability or the
at the Cato Institute’s Constitution
Nation,” the major study on tobacco
Insurance?” He
Day. Her essay, Wisconsin Right to
policy that he chaired for the Institute
also published “The Uses of Accident
Life, will appear in the 2006–07
of Medicine, an arm of the National
Law’s Past,” in the Journal of Tort Law,
Cato Supreme Court Review. BeVier
Academy of Sciences. In addition
Issue 2, Article 2 (2007); and “The
continues to serve as Vice-Chair of
to briefings for various government
Hurricane Katrina Insurance Claims”
the Legal Services Corporation.
agencies and committees upon the
report’s release in May, Bonnie gave
in the Virginia Law Review (2007).
a talk at the Warner Policy Series
Richard Bonnie
sponsored by the American Legacy
Michal Bar-
’69 has devoted
Foundation in Washington, D.C.,
zuza’s paper,
much of his
in September, and presented the
“Delaware’s
energy to his
Keynote Address in October at the
Compensation,”
work as Chair of
Triennial Conference on Tobacco
was accepted for
the Commission
Policy in Seattle. This conference is
publication at
on Mental
sponsored by the National Association
Health Law
of Attorneys General under the Master
the Virginia Law
Review (forth-
Reform. The Supreme Court of
Settlement Agreement.
Bonnie has given additional
coming 2008). She presented the
Virginia established the Commission
same paper at the faculty workshop in
in the fall of 2006 to conduct a
presentations, including an address
July, and also presented her project
comprehensive study of Virginia’s
on “advance planning and aging” at
“Lemon Signaling In Cross-Listing”
mental health legislation and the
a conference held by the Max Planck
in the University of Southern
accessibility of mental health services.
International Research Network on
California Law & Economics
The Commission’s work was
Aging in Stockholm, Sweden in June;
Workshop in September.
highlighted by the tragedy at Virginia
on “addiction and responsibility” at a
Tech on April 16. Bonnie testified
meeting of the John D. and Catherine
before the Governor’s Virginia Tech
T. MacArthur Research Initiative on
This spring,
Review Panel in July and before the
Neuroscience and the Law in Santa
Lillian BeVier’s
General Assembly’s Committee on
Barbara in September; and on gun
article, “Full of
Health, Welfare, and Institutions in
control and mental illness at the
Surprises, with
September. He also made
Annual meeting of the American
More to Come:
presentations on the mental health
Academy of Psychiatry and the law in
Randall v
law reform at the Pro Bono and
Miami Beach in October.
Sorrell,”
Access to Justice Conference of the
appeared in
Virginia State Bar in Richmond in
v. Quarterman: Mental Illness,
2006 Supreme Court Review. In late
May; at a Miller Center Forum on
the Death Penalty, and Human
June, she participated at the Fourth
Students in Distress, Mental Health
Dignity” in the Ohio State Journal
Circuit Judicial Conference on a panel
and Law Reform in Charlottesville in
of Criminal Law; “The Challenge
moderated by A. E. Dick Howard,
June; at a meeting of the Northern
of Implementing Atkins v. Virginia:
discussing the recent Supreme Court
Virginia Chapter of the Virginia
How Legislatures and Courts Can
term. BeVier talked mostly about the
Alliance on Mental Illness in June;
Promote Accurate Assessments
Bonnie also published “Panetti
UVA Lawyer • Fall • 2007
| 43
and Adjudications of Mental
Retardation in Death Penalty Cases,”
in the Richmond Law Review (with
Katherine Gustafson, a third-year
student); “Voting by Elderly Persons
with Cognitive Impairment: Lessons
from Other Democratic Nations,”
in the McGeorge Law Review (with
Appreciation
Professor Neill Herbert Alford, Jr.,
1919–2007
Jason Karlawish); and “Identifying
the Barriers and Challenges to Voting
by Residents in Nursing Homes and
Assisted Living Settings,” in the
Journal of Aging and Social Policy
(with Jason Karlawish and others).
Neill Herbert Alford, Jr., professor emeritus of law at the University of Virginia, died
Saturday, October 20, 2007, in Charlottesville. He was 88.
Professor Alford was born July 13, 1919, in Greenville, S.C., the only child of the late
Governor Tim
Neill Herbert Alford Sr. and the late Elizabeth Robertson Alford. He is survived by his
Kaine recently
wife of 64 years, Elizabeth Talbot Smith Alford, three children, three grandchildren, and
reappointed
one great-grandson.
Whitfield
Prof. Alford earned a B.A. in history from The Citadel in Charleston, S.C., in 1940; an
Broome to the
LL.B. from the University of Virginia School of Law in 1947; and a J.S.D. (doctoral degree)
Virginia Board
from Yale University Law School in 1966. He was a Sterling Fellow at Yale in 1950-51
of Accountancy
and a Ford Fellow at the University of Wisconsin in 1958.
for a second
He served on active duty in the Army as an infantry officer from 1941 to 1946 and
was awarded the Bronze Star and the Combat Infantry Badge for his service.
four-year term. Broome was originally
appointed by Governor Mark Warner
Professor Alford engendered the admiration and respect of generations of law
in 2003. The Board of Accountancy is
students during a teaching career that spanned over four decades. He joined the Law
responsible for administering the laws
School faculty in the fall of 1947 and spent most of his career at Virginia, teaching
and regulations relating to the practice
there from 1947 to 1974 and from 1976 until his retirement in 1990. He was Doherty
of public accounting in Virginia by
Foundation Professor of Law from 1966 to 1974 and Percy Brown Jr. Professor of Law
individual CPAs and CPA firms.
from 1976 to 1990.
He also held chairs and visiting professorships at the U.S. Naval War College,
Washington University (St. Louis), Ohio State, and Washington and Lee. From 1974 to
Last spring,
1976, he was dean of the law school at the University of Georgia.
Darryl Brown
He served as special counsel to the president of the University of Virginia and was
’90 presented a
legal adviser to the rector and board of visitors from 1972 to 1974. In 1990, he received
paper, “Democ-
the University of Virginia’s Raven Award in recognition of excellence in service and
racy and
contributions to the university.
Decriminaliza-
He was state reporter (the editor of court opinions) for the Supreme Court of
Virginia from 1977 to 1984, and special counsel to the Virginia Code Commission from
1954 to 1957.
Professor Alford authored a book, Modern Economic Warfare: Law and the Naval
tion,” at a faculty
workshop at the
University of North Carolina School of
Law, and will publish that article this
Participant (1967); and co-authored a widely used law casebook, Cases and Materials
fall in the Texas Law Review. He was
on Decedents Estates and Trusts (Ritchie, Alford and Effland; 8th edition, 1993). He also
invited to speak at the 2007 Clifford
wrote numerous legal articles for professional journals. After he retired from teaching,
Symposium on Tort Law and Social
he practiced law in Charlottesville from 1991 to 1997 as counsel to Slaughter &
Policy at DePaul University College of
Redinger (later Woods, Rogers & Hazlegrove).
44 | UVA Lawyer • Fall • 2007
Faculty
Briefs
Law and will publish that symposium
Appropriated Brown v. Board of
Washington, D.C. Building on 19
contribution, titled “Executive-Branch
Education.” In August, Goluboff was
case studies of constitutions drafted
Regulation of Criminal Defense
on a panel on the future of
in countries in transition, the study
Counsel and the Private Contract Limit
constitutional history at the
will be entitled “Framing the State in
on Prosecutor Bargaining,” in the
American Political Science Annual
Times of Transition: A Comparative
DePaul Law Review this fall.
Meeting in Chicago.
Study of Constitution-making
This fall, Goluboff is giving
Processes.” In reviewing these
workshops at the University of
cases studies, he drew upon both
Brandon Garrett
Minnesota Legal History Colloquium
his academic teaching and writing
presented at the
and the University of California (Santa
about comparative constitutionalism
UVA summer
Barbara) workshop on Work, Labor
and the experience he has had
workshop series
and Political Economy. She is also
working with constitution-makers in
a new paper
presenting a paper at a symposium on
countries abroad, especially in post-
titled “Claiming
“Law’s History: How Law Understands
communist Europe.
Innocence.”
the Past,” at the University of
That paper
Alabama. Goluboff is also the chair
Conference, Howard organized and
follows his study of the first 200
of the program committee for the
moderated a panel reviewing the
post-conviction DNA exonerations,
American Society for Legal History
most recent term of the United States
titled “Judging Innocence,” which is
Annual Meeting in Tempe, Ariz.
Supreme Court. The focus was on the
At the Fourth Circuit Judicial
emerging Roberts Court, now that
forthcoming in the Columbia Law
John Roberts has replaced William
Review in January 2008. The findings
in the “Judging Innocence” study
During the
H. Rehnquist as Chief Justice and
were featured in news articles and
summer, A.E.
Samuel Alito has replaced Sandra Day
editorials in a number of publications,
Dick Howard
O’Connor.
This summer in Washington,
including The New York Times, the
’61 finished and
Atlantic, the Baltimore Sun, the
submitted two
D.C., Howard gave the annual
Richmond Times-Dispatch, The Globe
articles; one for
James Madison Lecture of the James
& Mail, and the Atlanta Journal-
a volume of
Madison Memorial Fellowship
Constitution.
papers marking
Foundation. His topic was “The
This fall, Garrett is presenting
the 400th anniversary of Jamestown
Global Voyage of American
papers at the University of Georgia
that considers the significance of the
Constitutionalism: The Influence
School of Law and to the National
Virginia Charter of 1606 as a bridge
of the American Constitutional
Academy of Sciences, Committee on
between the constitutional legacy of
Experience in Other Lands.” The
Identifying the Needs of the Forensic
England and the development of
foundation is an official federal
Sciences Community.
modern constitutionalism, both in
government organization seeking
America and around the world; and
to build upon the contributions of
another that looks at “The Skewed
James Madison to constitutional
In June, Risa
Path of the Enlightenment in Central
government in America.
Goluboff
and Eastern Europe.” It will be
published an
included in a volume of essays arising
Lehrman Institute of American
op-ed on the
out of a conference held last spring
History and the Thomas Jefferson
Supreme
and sponsored by the Polish Embassy
Memorial Foundation, Howard
Court’s school
in Washington and the Catholic
lectured on “Thomas Jefferson and
desegregation
University of America.
the Wall of Separation.” Building
decisions on
Howard was the only outside
Under the auspices of the Gilder
upon the place of Jefferson’s
Slate, entitled, “The Battle Over
reviewer for a major project of the
Statute for Religious Freedom, this
Brown: How Conservatives
United States Institute of Peace, in
lecture explored the contours of
UVA Lawyer • Fall • 2007
| 45
Faculty
Briefs
Heytens ’00 on Leave to Work for Solicitor General
By Ken Reitz
IF IT SEEMED
case (United States v. Ressam), and
trial team, which last April defeated
like just last
numerous briefs in opposition to
Harvard to win the American
year that the
certiorari. His first oral argument
Mock Trial Association’s National
Law School was
before the Court was scheduled for
Championship Tournament.
announcing
November 6.
Toby Heytens’
“I don’t know precisely how
Although he couldn’t turn down
an opportunity to work for the
’00 arrival as
long this gig will last,” Heytens
Solicitor General, Heytens already
associate
admitted. He said he will be away at
misses teaching. Asked to come
professor of law, it was. Now the
irrepressible Heytens has been granted
least two years and possibly three.
“Dean Jeffries and the entire Law
up with a highlight for his recently
finished year, Heytens laughed.
leave to take on a prestigious position
School family have been incredibly
“Wow, pretty much the whole thing!
as an Assistant to the Solicitor General
supportive and accommodating,”
One special thing was that this year
of the United States. He started his new
Heytens said, “and I can already see
was the first chance I had to teach
job on July 30.
how this brief detour will make me a
first year law students. I taught a
better teacher and scholar when I get
small section of Civil Procedure in
back.”
the fall and it was amazingly fun.
Considered one of the premier
offices to work for as a lawyer in the
federal government, the Office of
Heytens is no stranger to the
I emailed the section when I got
the Solicitor General conducts all
OSG, having been a recipient of a
the new job and told them that the
litigation on behalf of the United
2001 Bristow Fellowship, named for
one thing I really regretted is that I
States in the Supreme Court and
the first Solicitor General Benjamin
wouldn’t be there for the rest of their
supervises the handling of litigation
H. Bristow. Bristow Fellows also work
law school experience.”
in the federal appellate courts.
in the OSG and do much of what
The United States is involved in
assistants do: help write briefs and
Had Charlottesville changed
while he was away? Heytens didn’t
approximately two-thirds of all the
papers on issues before the Supreme
hesitate, “Charlottesville’s fantastic!”
cases the U.S. Supreme Court decides
Court, file amicus briefs in the lower
When he and his wife moved back
on the merits each year.
courts, as well as determine if cases
they made a pact to eat at a different
Heytens spoke about his new
found against the government in
restaurant every time they ate
position from his office at the Robert
lower courts should be appealed.
out. Four months later they finally
F. Kennedy Department of Justice
Heytens also has previous
abandoned the pact, not because
Building in Washington, D.C. “I’ve
experience with appellate litigation.
they had run out of new places
only been here a few months, and
After clerking for U.S. Supreme Court
to try but because they wanted to
the variety of work has already been
Justice Ruth Bader Ginsburg, he
go back to a few of their favorites.
amazing,” he said. In his short tenure,
worked at the law firm O’Melveny
Heytens summed it up this way:
Heytens has already filed a Supreme
& Myers, where his practice focused
Court merits brief in an employment
on appellate litigation, including
better or I grossly under-appreciated
discrimination case (Federal Express
numerous civil rights cases and other
it when I was in law school. Probably
Corporation v. Holowecki), a petition
pro bono matters. During his time at
the latter.”
for a writ of certiorari in a criminal
the Law School, Heytens also helped
coach UVA’s undergraduate mock
46 | UVA Lawyer • Fall • 2007
“Charlottesville has either gotten a lot
Faculty
Briefs
Establishment Clause cases in the
Constitution. For the Federal
American history. In August, Klarman
Supreme Court, especially as the
Executive Institute’s Program for
discussed the new book on “The Jack
Supreme Court, in recent years,
Senior Federal Executives, he led a
Rice Show,” WCCO-Radio, in
has shifted away from the wall of
seminar on the changing face of the
Minneapolis.
separation.
Supreme Court.
Karamah: Muslim Women
Also in August, Oxford University
Governor Tim Kaine also
Press published “Unfinished Business:
Lawyers for Human Rights
appointed Howard to a second
Racial Equality in American History,
organized a three-week program
four-year term on the Jamestown-
which is part of the Oxford University
in Washington, D.C., on “Law and
Yorktown Foundation. This
Press series on Inalienable Rights.
Leadership.” Karamah’s purpose
foundation organized the 400th
is to empower Muslim women to
anniversary of the 1607 settlement
gave a book talk on “Unfinished
define their own place within their
and oversees major educational
Business” at the National Archives in
communities through leadership
missions both at Jamestown and
Washington, D.C., and in November
and an enhanced understanding of
throughout the Commonwealth.
at the bookstore Politics and Prose
In September, Klarman
Islamic law. One of several faculty
in Washington, D.C., at the Chicago
members for this program, Howard
Humanities Festival, and at the
lectured on American constitutional
This fall,
Boston Bar Association. Klarman
law. Participants came from the
Mitchell Kane
also gave a talk on “The Development
United States, Belgium, Egypt, Saudi
’96 is a Visiting
of the Theory of Judicial Supremacy”
Arabia, Morocco, Pakistan, and other
Associate
to the 2007 Annual Education
countries.
Professor of Law
Conference of the Florida Conference
at NYU. He
of District Court of Appeal Judges in
to have the chance to give talks to
presented his
Naples, Fla.
groups of Law School alumni this
paper (co-
Howard was especially pleased
In October, he presented his
summer. He gave the banquet address
authored with Ed Rock), “Corporate
“backlash” project, which considers
for the Class of 1962 at their 45th
Taxation and International Charter
the political backlash generated by
reunion. For that occasion, he painted
Competition” at the Harvard Law
certain prominent Supreme Court
a portrait of the Supreme Court as it
School Seminar on Current Research
rulings, to a faculty workshop at the
was in 1962 — when Howard began
in Taxation in August.
University of Oklahoma College of
his clerkship with Justice Hugo L.
Law. In November, he is giving a
Black — and then traced the legacy
talk on the Supreme Court and his
of the Warren Court through the
In June, Michael
“backlash” project to the Baltimore
Rehnquist years and into the Roberts
Klarman taught
section of the National Council of
Court. On another occasion, Howard
a one-week
Jewish Women.
talked on the Supreme Court at
course to the
a reception organized by the Law
Indiana
a talk on constitutional law at the
School for alumni in Richmond.
Graduate
Indiana Winter Judicial Conference,
Program for
and an Organization of American
Judges on Race
Historians lecture on the drafting
Howard was one of the faculty
for this summer’s National Security
In December, Klarman is giving
Law Institute. For that program
and the Constitution from Recon-
and ratification of the Constitution
he lectured on the nurturing of
struction to Brown. In July, Oxford
to a Teaching American History
constitutional democracy around
University Press published Klarman’s
project at Long Island University.
the world. Also, under the auspices
Brown v. Board of Education and the
He is also giving a talk on Brown v.
of the Sorenson Institute for Political
Civil Rights Movement, an abridged
Board of Education and the Civil
Leadership, Howard spoke on the
and revised version of his book From
Rights Movement to another
history, current challenges, and
Jim Crow to Civil Rights (2004), which
Teaching American History project
future prospects of the Virginia
won the 2005 Bancroft Prize in
in Charlottesville in October, and
UVA Lawyer • Fall • 2007
| 47
Faculty
Briefs
participating on a panel previewing
Martin served as a commentator
Washington in November 2005.
the Supreme Court’s 2007–08
for UVA’s international law
In October 2006 he returned to
term and delivering a lecture on
roundtable on “The Future of
Washington as a faculty member
“Constitutional History: How Much
the State,” in October 2005,
for a full conference devoted to
Has Judicial Review Mattered?”
and presented a short paper on
“Immigration Law for Judges,”
to the Appellate Judges Education
international refugee law for the
cosponsored by the FJC and the
Institute in Washington, D.C.
biennial Immigration Law Teacher’s
Georgetown University Law Center.
Workshop, held at William S.
In June 2006 he was invited by
Boyd School of Law, University of
the Committee on Federal-State
David Martin
Nevada Las Vegas, in May 2006. He
Jurisdiction of the Judicial Conference
has been an
was invited by the Department of
of the United States to its working
invited lecturer
Justice to speak on “Asylum Law
meetings in Bar Harbor, Maine, for
or conference
and Credibility Determinations,”
a lecture and discussion regarding
participant in
at the Annual Legal Conference
pending immigration reform
many venues
of the Board of Immigration
legislation. Martin then served as an
since his last
Appeals, held in Alexandria, Va.,
ongoing consultant as the committee
report in UVA
in November 2006. He helped
decided on proposals for the Judicial
Lawyer. He delivered the April 2005
organize a conference in Washington,
Conference to take a position
lecture in the Human Rights and
D.C. in December 2006 on “The
regarding measures in pending
International Law Distinguished
Agreement on Passenger Data
immigration reform bills that might
Lecture Series at Marshall-Wythe Law
Transfer and EU-US Cooperation in
affect the judiciary. Independently of
School, College of William and Mary,
Data Communication,” sponsored
that work, he was the only academic
on the topic of “Courts and Military
by the German Marshall Fund. In
expert invited by the Senate Judiciary
Detainees: The Overlooked Virtues of
January 2007 he took part in a panel
Committee to testify at a quickly-
Deferential Review.” In March 2006
chaired by former Governor Gerald
arranged hearing on the topic of
he was a featured lecturer in a series
Baliles on the topic of “Jamestown to
“Judicial and Administrative Review
sponsored by the International Legal
Washington, D.C. — The Challenge
of Immigration Decisions” in
Studies Program, California Western
of Immigration: What if the Native
April 2006.
School of Law; the Institute for
Americans Had Built a Wall?,” at
International, Comparative, and Area
the annual meeting of the Virginia
his membership in 2006 on the
Studies; and the Center for
Bar Association in Williamsburg. In
Search Committee for the American
Comparative Immigration Studies,
June 2007 he traveled to Konstanz,
Society of International Law to
University of California, San Diego.
Germany for a Workshop of
help select a new executive director
His lecture was titled “Are Dual
the Transatlantic Exchange for
(Martin recently concluded service
Nationality and Birthright
Academics in Migration Studies
as a Vice President of the Society, and
Citizenship Good Ideas?” The
(TEAMS). His presentation dealt
he remains a member of the Editorial
following month he was a principal
with “Asylum Applications and
Board of the American Journal of
speaker in a session addressing “Does
Judicial Review in the United States.”
International Law). He is frequently
Dual Citizenship Threaten National
Martin has been involved in
Other public service has included
contacted by the media in connection
Identity?,” part of the 44th Annual
several capacities with programs
with immigration topics and issues
International Affairs Symposium, at
for federal judges dealing with
involving the war on terror. He was
Lewis & Clark College, Portland, Ore.
immigration issues. The Federal
a primary guest on two occasions
The overarching theme of the
Judicial Center invited him to serve
in 2006 for “Insight,” a talk show
conference, which involved scholars
as a faculty member, teaching the
hosted by the Central Virginia public
and writers from many disciplines,
Immigration Law session, for the
radio station WMRA. One session
was “Pledges of Allegiance? Identity
National Symposium for United
addressed immigration enforcement;
in a Changing World.”
States Court of Appeals Judges in
the other dealt with questions
48 | UVA Lawyer • Fall • 2007
Faculty
Briefs
surrounding recent prosecution of
Gregory Mitchell and David Klein
second edition (forthcoming 2008). He
Virginia residents who provided
(UVA Politics Department) are
is also co-editing with Robert F. Turner
informal monetary transfer services
editing and contributing to a book
a book of essays by leading authorities
to the Middle East.
entitled The Psychology of Judicial
called Legal Issues in the Struggle
Decision Making, which is to be
Against Terror (forthcoming 2008).
During the last year, Martin took
part in three amicus curiae briefs,
published by Oxford University
one on immigration topics and two
Press in 2008. In addition, Mitchell
proceedings of a conference co-
on matters relating to detention in
and Philip Tetlock’s paper on using
sponsored by the Center for Oceans
the war on terrorism. He joined two
organizational accountability systems
Law and Policy (of which Moore is
other former General Counsels of
to check unconscious prejudice has
the director), Law, Science and Ocean
the Immigration and Naturalization
been accepted for publication in
Management (Myron H. Nordquist,
Service in urging a lenient
Research in Organizational Behavior,
Ronan Long, Tomas H. Heidar, and
interpretation of a deportation ground
one of the most cited resources within
John Norton Moore, eds., Martinus
being considered by the Supreme
the field of organizational behavior.
Nijhoff Publishers, 2007) was released
A book published of the
in spring 2007.
Court in Lopez v. Gonzales. The Court
Moore has worked extensively to
ultimately ruled 8-1 in accordance
with the basic position taken in the
A book by
educate the public and policymakers
brief. Regarding the struggle against
Professors John
on the benefits for the United States
terrorism, he joined with other
Monahan and
of ratifying the Law of the Sea
prominent professors of constitutional
Laurens Walker,
Convention in preparation for the
law in briefs supporting habeas corpus
Social Science in
debate in the Senate. His efforts
jurisdiction in Boumediene v. Bush, to
Law: Cases and
included an op-ed in the Washington
Materials
Post on July 30, 2007, called
be argued before the Supreme Court
in fall 2007. He joined a similar brief
(Foundation Press, 6th ed), has been
“Opportunity on the Oceans: America
filed with the Fourth Circuit in al-
translated into Chinese and published
Wins with the Law of the Sea Treaty.”
Marri v. Wright, a case challenging the
by Law Press-China. The translation by
indefinite detention of an alleged alien
Professor Betty Ho of Tsinghua
“Charges of Judicial Activism in
“enemy combatant” picked up in the
University in Beijing was completed
Europe,” addressing judicial activism
United States.
early in 2007. According to Professor
at the European Court of Justice,
Ho, the Chinese version will be used
appeared in the Journal of the
both as a reference for Chinese legal
Federalist Society Practice Groups.
In February, Moore’s article,
In April, Dan
scholars and for teaching Chinese law
Meador spoke
students about American law. Although
at a special en
the production of casebooks for
This spring,
banc session of
national distribution has long been a
Tom Nachbar
the U. S. Court
hallmark of the Virginia faculty, the
published a
of Appeals for
translation and distribution of this
symposium
the Federal
casebook in China appears to be a first.
piece, “The
Circuit to mark
Comedy of the
the 25th anniversary of President
Market,” in the
Reagan’s signing the bill to create the
John Norton
court. Meador had headed the office
Moore’s book,
Journal of Law and the Arts on some
in the Department of Justice that
Solving the War
of the constitutional dimensions of
drafted the bill and attended the
Puzzle, is being
intellectual property law. He was also
signing ceremony in the White House
significantly
part of a panel discussion, including
Rose Garden.
revised and
Chris Sprigman and Dotan Oliar, on
updated for the
the topic last October.
Columbia
UVA Lawyer • Fall • 2007
| 49
Faculty
Briefs
Nachbar also spent a few
on the board of which he served as
school of the University of Nebraska-
weeks working at the JAG School
a member. O’Neil also chaired the
Lincoln and the University of Santa
in the Center for Law and Military
AAUP Special Committee on the
Clara, both on free speech and
Operations working on a book,
Effects of Hurricanes Rita and Katrina
academic freedom issues. He will also
The Rule of Law Handbook: A
on New Orleans institutions, which
be visiting the Journalism School
Practitioner’s Guide, on the rule of
reported in late spring, and remains as
at Nebraska, where he has done
law for deployed judge advocates. The
chair of the AAUP Special Committee
programs in the past.
book featured over 20 contributors to
on Academic Freedom and National
the project. Nachbar was part of the
Security in Time of Crisis.
editing team that brought the various
O’Neil’s Harvard University
This summer,
contributions together and oversaw
Press book, Academic Freedom in A
Jim Ryan ’92
production of the book.
Wired World, is in process and will
published two
appear in February, 2008. He has
articles
also agreed to write a chapter for a
(co-authored
Dotan Oliar
collection of essays about the Duke
with Doug
published in
lacrosse saga; his will cover faculty
Kendall ’92)
July “Resolving
and academic freedom issues and
Conflicts
should be out next year.
among Con-
In September, O’Neil chaired
about constitutional interpretation and originalism.
One appeared in Slate, and the other
gress’s Powers
the national conference of the Ford
Regarding
Foundation’s Difficult Dialogues
Statutes’
program, which he has directed for
in the annual Supreme Court
Constitutionality: The Case of
the last two years. The conference
Roundup, held at the Law School.
Anti-Bootlegging Statutes” in the
brought together in New York the
He talked about the Court’s recent
Columbia Journal of Law and the Arts.
principal investigators of all 27 of the
decision in the voluntary integration
The paper analyzes the constitution-
grantee programs and several of the
cases from Kentucky and Seattle.
ality of 1994 statutes that make it
runners-up.
Later in September, he gave a
illegal to record or videotape live
musical performances.
In October, O’Neil chaired the
in The New Republic.
In September, Ryan participated
faculty workshop at the University
first-ever conference of directors of
of Michigan Law School where he
First Amendment centers, to be held
discussed a new article entitled “The
in Washington with support from the
Future of School Finance Litigation.”
Robert O’Neil
Scripps-Howard Foundation and the
has been
Freedom Forum First Amendment
the local chapter of the American
appointed by
Center.
Constitution Society on “Originalism
the National
O’Neil completed chapters for
In October, Ryan spoke to
for Liberals?” and traveled to Harvard
Association of
a book to be published late this year
Law School to participate as a guest
College and
by the TIAA-CREF Institute on
speaker in their Child Advocacy
University
academic leadership and relations
Program where he discussed the right
Attorneys as the
between presidents and governing
to preschool.
co-editor of a First Amendment
boards, as well as a chapter for
Compendium, which will provide for
a Symposium commissioned by
back to Harvard to participate in a
university lawyers and general
the Freedom Forum on the First
symposium sponsored by the Harvard
counsels a new resource on campus
Amendment jurisprudence of Justice
Law Review where he will discuss
free speech and press issues.
Clarence Thomas (his dealing
his essay, “The Supreme Court and
In November, Ryan will go
The American Association of
specifically with speech codes).
Voluntary Integration,” which will be
University Professors has asked O’Neil
Finally, O’Neil lectured in late
published in the November edition
to chair the Legal Defense Fund,
October and November at the law
of the Harvard Law Review. Ryan
50 | UVA Lawyer • Fall • 2007
Faculty
Briefs
is participating in a symposium on
In April, G.
University Law School on the topic,
law and educational opportunity,
Edward White
“Temporary-Effect Legislation and
sponsored by Teachers College at
attended the
Fiscal Responsibility;” and addressed
Columbia University. He will be
first joint
the Lynchburg (Va.) Estate Planning
commenting on a paper presented
conference of
Council on the current tax policy
by Ted Shaw, Director-Counsel
the American
outlook in Congress.
and President of the NAACP Legal
Academy of Arts
Defense Fund.
and Sciences
In May, Chris
Sprigman
In the summer, Yin spent three
weeks teaching at the International
and the American Philosophical
Tax Program at Leiden University
Society in Washington. He has been a
in the Netherlands. The year-round
member of the AAAS since 1993.
program involves students from
In September, White presented
about 20 different countries, all of
published an
a paper, “The Suspension Clause:
whom have law degrees and some
article, “Indirect
English Text, Imperial Contexts,
experience working in the tax area.
Enforcement of
and American Implications,” with
His course consisted of 27 classroom
the Intellectual
Paul Halliday of the UVA History
hours on U.S. international tax law.
Property
Department, at Harvard Law School.
Clause”, in the
In November, White was a
As a member of the Internal
Revenue Service’s Advisory Council
Columbia Journal of Law and the Arts.
panelist in the opening session of a
(IRSAC), Yin participated in working
He is now working on an article
conference on The Presidency and
sessions in Washington, D.C. during
looking at some of the puzzles for
the Supreme Court organized by the
the summer and fall. His principal
patent doctrine and theory posed by
Presidential Libraries of the National
involvement has been advising the IRS
the patenting of gene sequences.
Archives and Records Administration
as part of the “tax gap” subgroup of
at the Franklin D. Roosevelt
the IRSAC. Yin also presented a paper
Presidential Library in Hyde Park,
entitled “Temporary-Effect Legislation
Paul Stephan ’77
N.Y. The panel discussed the Supreme
and Fiscal Responsibility” in an
continues to
Court decisions, appointments, and
academic tax conference sponsored by
serve as
presidential policies of the 1930s.
Harvard Law School in Woodstock, Vt.
This fall, Yin delivered a lecture,
Counselor on
“Temporary-Effect Legislation and
International
Law to the Legal
In the spring,
Fiscal Responsibility,” at the Law
Adviser, U.S.
George Yin
School to celebrate his appointment
Department of
delivered the
as the Edwin S. Cohen Distinguished
State. Stephan commented on papers
keynote address
Professor of Law and Taxation; and
at two conferences hosted by George
at an academic
on the same topic at the Sugarman
Washington University Law School,
conference
Lecture at the Case Western Reserve
one on comparative constitutional
sponsored by
Law School in Cleveland. He also
George
discussed the taxation of “carried
law and the other on international
law. In September, a book that he
Washington University Law School
interests,” the compensation received
edited and contributed to, The
on the general topic of “Health and
by hedge fund and private equity
Economics of European Union Law,
Wealth,” Washington, D.C.. He also
fund managers, at a faculty workshop
will be published by Edward Elgar.
participated on a panel at the Law
at the Case Western Reserve Law
School’s public service conference
School. Finally, Yin participated in a
dealing with the topic of “working for
panel at the National Tax Association
the government” in Charlottesville.
Annual Meeting, Columbus, Ohio,
Yin presented a paper at a tax policy
about tax reform proposals worthy of
colloquium sponsored by New York
preservation for the future.
UVA Lawyer • Fall • 2007
| 51
Scholar’s Corner
MOST LEGAL SCHOLARSHIP TODAY takes place
outside the public view — in faculty workshops, academic
journals, and sometimes amicus briefs on issues of national
importance. But as the law has become more central to
our personal and national lives, it seems more necessary
than ever to connect the academy to the larger world. The
best work being done at Virginia and at other top schools
Excerpt from Brown
and the Lost Promise
of Civil Rights
attempts to make sense of discrepancies that arise (or
persist) in the law and examine them in a way that invites
(Risa L. Goluboff and Myriam Gilles, eds., forthcoming
understanding — or, better still, change. In this way, the
Foundation Press, 2007)
practice of law and the production of legal scholarship are
very much alike. They both require a broad view of the
problem, but also a ceaseless curiosity in teasing out every
Brown became the iconic civil rights case of the modern
material issue.
era. As legal scholars spent considerable effort analyzing,
Risa Goluboff, although new to the tenured ranks, is
justifying, and systematizing the Court’s decision, the
already a mainstay of the Law School faculty. Her first book,
image of Jim Crow it projected and the legal doctrine it
The Lost Promise of Civil Rights (Harvard University
embraced captured the collective legal imagination. Over
Press, 2007), seeks to do nothing less than reconstruct our
the decade that followed Brown, subsequent cases, the rise
understanding of the history of civil rights. Goluboff mined
of the civil rights movement, and legislative developments
original sources to recover the “lost promise” of a civil rights
all contributed to this transformation of constitutional
law focused not just on race but also on labor rights and
civil rights. To some extent, these developments
economic exploitation, a focus irrevocably changed by Brown
reinvigorated particular aspects of pre-Brown civil rights.
v. Board of Education.
The pivotal civil rights protest of 1963 was called a March
for Jobs and Freedom. The Johnson administration’s War
on Poverty tried to attack economic deprivation in part
out of a recognition of the continuing connection between
racial and economic inequality. And Title VII of the 1964
Civil Rights Act legislatively prohibited discrimination
in the private labor market and labor unions as well as
among state actors themselves.
Even so, these developments often reinforced, rather
than undermined, the image of Jim Crow and racial
harm that Brown depicted. Media representations of the
1963 March on Washington largely forsook the protest’s
economic emphasis for Martin Luther King Jr.’s focus on
formal color-blindness — in which people would “not
be judged by the color of their skin but by the content of
Risa Goluboff
their character.” The War on Poverty took as its mission
UVA
UVA
Lawyer
Lawyer
• Spring
• Fall • 2007
| 53
Scholar’s
Corner
Scholars suggested that courts had long before
determined to treat race cases differently
from those involving economic regulation.
litigants. By the 1960s, treatise and
casebook authors eliminated sections
on the security of the person; they
condensed or eliminated discussions
of involuntary servitude and the
Thirteenth Amendment; and they
eliminated chapters on freedom of
not the redress of economic inequality for its own sake
labor altogether. Work-related civil rights were largely
but rather as a cause of the psychological alienation that
reduced to the question of job discrimination under the
underlay rising racial violence across the nation. And Title
equal protection clause, akin to discrimination in other
VII prohibited “discrimination on the basis of race” in the
arenas.
same terms as it prohibited discrimination in education
As scholars winnowed out the varieties of pre-Brown
and public accommodations. The law addressed work-
civil rights, they converged on a race-based, privately-
related inequality as simply an ordinary manifestation
litigated, equal protection-oriented civil rights framework
of the general problem of race discrimination. Title VII,
that Brown had inaugurated. Indeed, they reconstructed a
like Brown itself, submerged the substantive right to work
pedigree for Brown that made that framework seem more
that had been a hallmark of the pre-Brown years for the
timeless than it really was. Rooting Brown in the 1938 case
antidiscrimination paradigm that was a hallmark of the
of United States v. Carolene Products, scholars suggested
post-Brown era.
that courts had long before determined to treat race cases
Moreover, these and other developments remained
differently from those involving economic regulation. The
largely separate from constitutional law itself. Title VII
canonization of Carolene Products doctrinally separated
was not constitutionally mandated. The Civil Rights
economics from race and justified judicial interference
Cases with their state action requirement remained good
with the latter but not the former. It consequently interred
constitutional precedent. And attempts to translate
any linkage civil rights lawyers had been able to make
legislative and social movement momentum for protection
between the economic and formal legal aspects of Jim
of the poor into constitutional guarantees ultimately
Crow in the pre-Brown era.
failed. Within the realm of constitutionally protected
civil rights, Brown’s equal protection clause, with its state
The link to Carolene Products made it all too easy
to assume that before Brown, as afterwards, civil
action requirement and concern for formal rather than
rights doctrine primarily addressed questions of racial
material equality, remained dominant.
classification. In fact, neither lawyers, judges, nor scholars
As legal scholars increasingly converged on a general
framework for making sense of the constitutional law
had viewed Carolene Products as determining the contours
of civil rights law before its vindication in Brown. It was
of civil rights, then, that framework was predominantly
not until the post-Brown years privileged a race-focused
the one Brown had set into motion in 1954. This is
equal protection clause, and contrasted stringent judicial
apparent in changes to succeeding editions of civil rights
review of government actions affecting racial minorities
and constitutional law casebooks and treatises. Before
with those affecting the economy, that race and labor
and just after Brown, treatises and casebooks reflected
truly diverged in constitutional law. It was not until
considerable variety in both the subjects they included
then that constitutionally-grounded civil rights became
within the field of civil rights and the way they analyzed
squarely rights against the government, in contrast to both
those subjects. Legal scholars treated “civil rights” as
rights against private power and rights protected by the
encompassing issues like involuntary servitude and labor
government. It was not until then that it became clear how
rights as much as racial segregation; they saw rights as
partial the victory in Brown was and how much of Jim
falling into categories like “the security of the person”
Crow remained intact in the face of the new civil rights
as much as “discrimination”; and they described the
Brown had helped construct.
vindication of civil rights as an affirmative responsibility
of government as much as the responsibility of private
54 | UVA Lawyer • Fall
Spring
• 2007
• 2007
Class
Notes
1940
Robert was born in Salem, Va.,
Lucien Wulsin was honored with the
in 1919. He attended law school after
Minoru Yasui Community Volunteer
Mortimer C. Caplin accepted the
serving with the U.S. Army in England
Award in June in Boulder, Colo. Wulsin
Virginia State Bar’s 2007 Lewis F. Powell,
and France during World War II. He
is on the board of Naropa University
Jr., Pro Bono Award on behalf of the
then re-enrolled at the University and
in Boulder and founded the Society
volunteer lawyers and law professors
in 1947 received one of the first Masters
for Creative Aging. In his early years,
affiliated with the Mortimer Caplin
of Law degrees ever awarded in the
he worked for Baldwin Piano Co. in
Public Service Center at the Law School.
Commonwealth. He practiced law in
Cincinnati, served in the Army in World
The center enables and magnifies the
Winchester from 1947 to 1968, and
War II, then went into law. After retiring
thousands of hours of pro bono time put
then was sworn in as a circuit judge for
in 1981, his volunteering increased
in by Law School students, who receive no
Winchester and surrounding counties.
dramatically. As you age, he says, “You
academic credit or compensation for their
endeavors.
1942
During his 21 years on the bench,
tend to insulate yourself from the world
only two of his opinions were reversed
going on around you. I felt as long as I’m
by the Virginia Supreme Court. In
active and being part of something larger
retirement, he continued to hear cases
than myself, I won’t close up.”
as a substitute judge and contributed his
time and talent to many organizations
1948
Reunion Year
Brig. Gen. Robert M. Backes (Ret.)
in his community. He was honored as a
died on April 30, 2006, in Ft. Meyers,
fellow of the Virginia Law Foundation “in
Fla. Backes lived with his wife, Mona,
honor of his distinguished service to the
For “service to the cause of individual
on Sanibel Island, where he enjoyed his
Commonwealth of Virginia, the bench
liberty,” Hillsdale College honored
retirement from the military by practicing
and bar, and the local community.”
Tom Ellis with its Freedom Leadership
law in Trenton, N.J., where he was active
in many phases of the law in a threegeneration family firm. Mona writes, “He
Award at the North Carolina Museum
1947
enjoyed life to the fullest and made the
of Art, October 3. Past recipients include
Margaret Thatcher, Jeanne Kirkpatrick,
Charlton Heston, Edwin Meese III and
William B. Hopkins was presented
Clarence Thomas. Hillsdale College is a
the Frank W. “Bo” Rogers, Jr., Lifetime
private liberal arts college in Michigan
Achievement Award by the Roanoke Bar
noted for its refusal to accept federal or
Association on April 28. Hopkins was
state taxpayer support, including student
recognized for more than 56 years of
grants and loans. Ellis is a senior attorney
Robert Kay Woltz (’46, LL.M. ’47)
service, during which time he served in
with Ogletree Deakins in Raleigh.
died peacefully at a daughter’s home in
the Virginia Senate for 20 years. Hopkins
Richmond, Va., on March 22.
currently is a partner of Martin, Hopkins
most of every day.”
1946
& Lemon in Roanoke, Va.
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 15 for inclusion in the next issue.
UVA Lawyer • Fall • 2007
| 55
Class
Notes
1950
1959
Edward M. Selfe is ranked number two in
Shelby Coates became of counsel to
for 2007. Life members of the VBA are
the United States for Men’s 85 singles by
Dickerson, Tomaselli & Mullen, a general
persons who have been members for at
the U.S. Tennis Association for 2006.
practice firm in Manhattan with a
least 40 consecutive years and are 70 or
subspecialty in admiralty law. He also
more years old. Turnbull is a professor
plans to keep his Oyster Bay, Long Island,
emeritus at the Law School, where he led
office operating.
the school’s admissions office for more
Albert R. Turnbull was recognized as
a Virginia Bar Association life member
1953
Reunion Year
than 30 years.
Senator John Warner of Virginia will not
Jack Rephan was
seek a sixth term in Congress. He made
elected chair of the
his announcement on August 31 from the
Virginia Bar
north steps of UVA’s Rotunda. The former
Association
Navy Secretary and past chairman of the
Construction and
Michael A. Bander was appointed for a
Senate Committee on Armed Services was
Public Contract Law
third term on the board of directors of the
profiled in the spring 2007 UVA Lawyer.
Section at its annual
Florida Bar Foundation, an organization
meeting in Virginia
founded in 1956 that fosters law-related
1956
Alfred L. Evans, Jr., suffered a
1963
Reunion Year
Beach. Rephan is a partner in the Norfolk
public service programs. Bander is a
firm of Rephan Lassiter, where his
fellow of the foundation and has served
practice is substantially devoted to
on the board of directors since 2003. He
construction and public contract law.
practices law in Miami.
1961
William L. Ellis, Jr., joined McKenna
debilitating stroke in 2006 and is
recovering at home. In happier news, the
family welcomed their first grandchild,
1957
Long & Aldridge as senior counsel in the
corporate practice group. Ellis has more
Anne David Evans, in August.
H. Harrison Braxton, Jr., was recognized
than 40 years of experience in all aspects of
as a Virginia Bar Association life member
mergers and acquisitions and is enthusiastic
for 2007. Life members of the VBA are
about working with a new firm, which he
persons who have been members for at
describes as a “talented group.”
Charles Roy Jones, Jr., died on July 22
least 40 consecutive years and are at least
in Arlington from complications due
70 years old.
William R. Rakes has
to a stroke. He was a lawyer with the
been named a 2007
Interstate Commerce Commission from
Virginia Super
1960 until he retired in 1985. Survivors
1962
Lawyer. He focuses on
include his wife of 52 years, Margaret
“Peggy” Jeffries Jones.
1958
Reunion Year
business litigation
Michael Armstrong was recognized as
with Gentry Locke
a Virginia Bar Association life member
Rakes & Moore in
for 2007. Life members of the VBA are
Roanoke, Va.
persons who have been members for
at least 40 consecutive years and are at
Russell H. Roberts was recognized as
Robert K. Dorsey was recognized for his
least 70 years old. Armstrong practices
a Virginia Bar Association life member
fifth anniversary as a member of the Clark
with Armstrong Bristow & Farley in
for 2007. Life members of the VBA are
County Bar Association’s 40 Year Club.
Richmond, where he specializes in trusts
persons who have been members for at
The club celebrates attorneys practicing
and estates.
least 40 consecutive years and are 70 or
more years old. Roberts handles civil
law in Nevada for 40 years or more.
William M. Sokol was recognized as a
disputes with the McCammon Group in
Virginia Bar Association life member
Fredericksburg.
for 2007. Life members of the VBA are
56 | UVA Lawyer • Fall • 2007
persons who have been members for at
Alexander H. Slaughter was recognized
least 40 consecutive years and are 70 or
as a Virginia Bar Association life member
more years old. Sokol is a member of
for 2007. Life members of the VBA are
Sokol & Jones in Fredericksburg.
persons who have been members for at
Class
Notes
least 40 consecutive years and are at least
1966
Pete Grannis has just been approved
by the N.Y. Senate Environmental
70 years old. Slaughter is a partner at
the Richmond office of McGuireWoods,
William M. Slaughter
Conservation Committee as New York
where his primary emphasis is on
was named “Best of
State’s Environmental Conservation
insurance coverage for insureds in mass
the Bar” in the
Commissioner. He will preside over an
tort situations.
Birmingham Business
agency with a budget of $1.2 billion and
Journal, the city’s top
3,100 employees. Grannis distinguished
business publication.
himself as an environmentalist during
Slaughter lives in
his 33 years as a state assemblyman from
Birmingham, Ala.,
Manhattan. According to Grannis, the
1964
Rosemary and Michael Crimmins
and continues to practice at Haskell
top issues facing the department are
welcomed their third grandchild, James
Slaughter, which he founded.
rebuilding the staff and spearheading
New York’s response to global warming.
Michael Keeley, born March 22. James is
the child of Crimmins’ daughter and sonin-law, Jennifer and Stephen Keeley, both
1967
1968
Law School Class of 1999.
Reunion Year
J. Rudy Austin has
been named a 2007
Tom Fowlkes was named Emory & Henry
Virginia Super
College’s vice-president for institutional
Lawyer. He has also
advancement. He will be responsible
Theodore Margolis
been recognized by
for the school’s resource development
recently spoke on the
the Virginia
program, including gifts and grants, and
art of negotiations and
Association of
will oversee the link between alumni
women as negotiators
Defense Attorneys
relations and development. Fowlkes has
1965
before the Summit
with its annual Award for Excellence in
served the college in several capacities in
(New Jersey) Business
Civil Litigation. The award honors
recent years. From 1998 to 2001, he was
and Professional
distinguished attorneys who consistently
chief development officer and athletic
Women’s Group.
produce high-caliber work as well as
director; since 2005, he has been a visiting
Margolis is currently working as a
exhibit the highest standards of ethics,
professor of business.
white-collar criminal defense trial lawyer
exemplary conduct inside and outside the
with a focus on civil litigation at Norris
courtroom, and courtesy and fairness.
Kenneth Ripple writes that his son,
McLaughlin & Marcus in Bridgewater, N.J.
Austin focuses on construction litigation
Christopher, is a third-year at the Law
with Gentry Locke Rakes & Moore in
School and editor in chief of the Virginia
Roanoke, Va.
Journal of International Law.
appointed chair of the NCAA Division
Timothy Bloomfield retired from
I Men’s Basketball Committee for the
Holland & Knight in January to develop
1969
2008–09 academic year. His term will
an independent arbitration and mediation
start in September 2008, after formal
practice. He lives near Annapolis, Md.,
Robert W. Ashmore
approval by the NCAA Division I
with his wife, Susan, who is also a lawyer,
was a recipient of the
Championships/Competition Cabinet.
and their daughter, Grace (10 years old
2007 Burton Award
and an avid figure skater). Bloomfield’s
for legal writing for
avocations are house renovations, trim
co-writing the article,
carpentry, and messing around in boats.
“Http://managing the
Older daughter Maia is about to receive
risk of employee
Commissioner of the Southeastern
Conference, Mike Slive, has been
WANTED:
A few good annual giving
volunteers
Join the Law School’s volunteer team.
Contact Helen M. Snyder ’87
helensnyder@virginia.edu
434-924-4668
her Ph.D. in education and is busy with
blogging” in Risk
Bloomfield’s two young granddaughters.
Management magazine. The award, given
Son Peter is an emergency medicine
to 30 articles in 2007, recognizes effective
resident in Los Angeles, and likes
legal writing by law firm partners and
California entirely too much.
other attorneys from the nation’s 1,000
largest law firms.
UVA Lawyer • Fall • 2007
| 57
Class
Notes
Jerry Coughlan was
Dave Malone is founder and president
Sam Manly has recently been appointed
recently ranked one of
of Trial Run (www.trialruninc.com),
to the Supreme Court of Kentucky’s
the top ten lawyers in
which specializes in trial litigation and
Criminal Rules Committee, which
San Diego in Super
counseling and trial advocacy training,
reviews and recommends changes in the
Lawyers. He founded
and has offices in Chicago, Pittsburgh,
rules to the court. Manly is past president
Coughlan, Semmer &
and Washington, D.C. Malone served
and a member of the board of directors
Lipman in 1988 after
as a federal prosecutor in antitrust and
of the Kentucky Association of Criminal
serving for nearly 11
consumer fraud matters for 17 years
Defense Lawyers. He was a member of the
years as assistant U.S. attorney in
before entering private practice for
Kentucky Criminal Justice Council from
Washington, D.C., and San Diego, as well
another 15 years, where he litigated
2002 to 2006, where he helped prepare a
as a stint in the civil division of the Justice
complex cases. He has taught advocacy
comprehensive revision of the Kentucky
Department. In recent years, Coughlan
programs across the United States and in
penal code. He lives in Louisville, where
has successfully tried public corruption,
England and Russia and lectured at many
his practice includes defending citizens
commercial litigation, and legal
law schools.
accused of criminal offenses at trial, on
appeal, and in post-conviction relief
malpractice cases. He was elected to
fellowship in the American College of
Gordon Schreck will serve another
matters in Kentucky and throughout
Trial Lawyers in 1996, and was named
four-year term on the board of trustees of
the United States. His civil practice
Trial Lawyer of the Year in 2006 by the
Hampden-Sydney College, where he will
includes constitutional law and litigation;
San Diego Criminal Defense Bar
chair the board’s admissions committee.
commercial, business, and antitrust
Association.
In addition, Schreck chairs the board of
litigation; intentional tort litigation; and
advisors of the Charleston Maritime Law
estate, probate, and trust matters.
Frederick A. Hodnett, Jr., retired in July
Institute.
Neil G. McBride was appointed to the
2006 after 33 years with the Office of
the Executive Secretary, Supreme Court
of Virginia. He served as a clerk to the
American Bar Association’s Standing
1970
Committee on Legal Aid and Indigent
Defendants. McBride lives in Oak Ridge,
Senate Courts of Justice Committee for
the 2007 session of the Virginia General
Kenneth M. Greene
Tenn., and currently serves as general
Assembly.
has been ranked
counsel to the Legal Aid Society of
number one in
Middle Tennessee and the Cumberlands,
Lane Kneedler was recently elected to a
banking and finance
a non-profit, 30-attorney firm that gives
second two-year term as secretary of the
in North Carolina by
free legal aid to low-income people in 48
Uniform Law Commission. He is in the
Chambers USA. A
counties of middle and east Tennessee.
regulatory litigation practice group in
shareholder and
the Richmond office of Reed Smith. The
director with
Bridgewater College President Phillip
ULC includes lawyers who are serving
Carruthers & Roth in Greensboro, N.C.,
Stone was appointed to the Virginia
as practicing attorneys, judges, law
Green received recognition earlier in the
Bar Association’s Commission on
professors, legislators, and other officials.
year from Super Lawyers and Business
Professionalism. Stone, along with 27
Members work on a pro bono basis to
North Carolina, being listed in their
other lawyers and judges forming the
draft and promote uniform laws meant to
“Legal Elite.”
commission, will develop principles of
professionalism that, if approved by the
help solve problems common to all states.
In August, Elaine R. Jones, former
Virginia Supreme Court, will serve as a
James B. Kobak, Jr., was inducted as
president and director-counsel of the
teaching tool for law students, a guide
vice-president of the New York County
NAACP Legal Defense and Educational
for practicing attorneys, and a public
Lawyers’ Association. Kobak is a partner
Fund, spoke in Richmond at a memorial
statement on the importance of legal
at Hughes Hubbard & Reed, with a
service for civil rights attorney Oliver
integrity.
practice in antitrust and IP litigation and
Hill. Hill played an important role in the
counseling, as well as president of the
U.S. Supreme Court’s decision in Brown
NYCLA Foundation.
v. Board of Education in 1954 and fought
1971
tirelessly to desegregate schools.
After 25 years serving as a magistrate,
county judge, and now district judge in
Colorado Springs, Colo., Rebecca Snyder
Bromley is retiring and taking senior
58 | UVA Lawyer • Fall • 2007
Class
Notes
judge status—working 60 days per year.
and accountant. Johnston estimates he
Jim Tanous joined Erie Insurance Group
Bromley writes that she looks forward to
has presided over more than 40,000 cases,
in Erie, Pa., as executive vice-president,
having more time for other activities.
divorced 8,000 couples, and conducted
secretary, and general counsel in April.
about 500 marriages. He is stepping down
Ronald D. Castille is serving on the
from the bench a few years earlier than
Pennsylvania State Supreme Court and
he might have wanted to because he has
will become chief justice in 2008 when
Parkinson’s disease.
1973
Reunion Year
Kenneth E. Ahl has joined Pelino & Lentz
the current chief justice steps down.
Castille is a former Philadelphia district
J. Michel Marcoux and his wife, Mary,
as a partner in the firm’s business and tax
attorney and was recently featured in the
celebrated the marriage of their daughter,
and estates practice areas in Philadelphia.
Philadelphia Inquirer.
Fontaine Henriette, to Samuel Drayton
Haskell in Washington, D.C., in 2006.
Thomas A. “Tad” Decker was named
(The couple lives in Birmingham, which
president and CEO of the newly
is Mary’s home.) Earlier in 2006, their
restructured Cozen O’Connor in
son, Valmore Michel Magloire, married
Philadelphia. Decker’s appointment
Steele Stagmaier Thomas in Atlanta.
marks the first time that the role of CEO
(They also live in Birmingham and
has been held by someone other than
commute to Tuscaloosa for law school
firm founders. Decker concentrates his
and graduate study in history).
Jack T. Camp, chief judge for the U.S.
practice in general corporate law with an
emphasis on mergers and acquisitions,
M. Elizabeth Medaglia has joined the
District Court’s Northern District of
corporate governance, and alternative
Office of Administration of the Executive
Georgia, was a host for part of the 11th
dispute resolution.
Office of the President as general counsel.
Circuit Judicial Conference for circuit
Medaglia assumed her new position in
lawyers from Alabama, Florida, and
William C. Lemmer was recently
the Bush administration after nearly 25
Georgia this spring. In attendance was
elected senior vice-president of Cameron
years with the Jackson & Campbell firm
Supreme Court Associate Justice Clarence
International Corporation, where he has
in Washington, D.C.
Thomas. Camp was appointed to the
been vice-president, general counsel, and
federal bench from private practice in
secretary since 1999. Cameron, an oil and
Michael D. Mopsick
gas equipment and services company, is
has been named a 2007
based in Houston.
Florida Super Lawyer
Marschall Smith is now senior vice-
by Law & Politics.
president of legal affairs and general
Mopsick is the
counsel at 3M Co. Prior to joining
managing partner of
3M, Smith was with Brunswick, a
Buckingham, Doolittle
manufacturer of boats and bowling balls.
1972
George W. House was
1988 by President Ronald Reagan.
& Burroughs’ Boca
recognized as one of
Raton office. He is also a shareholder and
North Carolina’s Top
member of the litigation, real estate and
100 Super Lawyers in
construction, and trusts and estates
environmental law in
practice groups. He serves on the firm’s
Whittington W. Clement, a partner
North Carolina Super
board of managers as vice-president.
at Hunton & Williams in Richmond
Lawyers. House
Mopsick represents clients in trust and
and former Virginia Secretary of
practices with Brooks,
probate litigation and in commercial
Transportation, was elected chair of the
Pierce, McLendon, Humphrey & Leonard
litigation in state and federal courts.
State Council of Higher Education for
in Greensboro, N.C.
1974
Virginia, the coordinating board for
An August 13 article in Legal Times,
the Commonwealth’s system of higher
Judge Samuel Johnston has announced
“McKee Nelson: The Richest Guys in
education.
that he will retire in June 2008 from
Town,” spotlights the dramatic growth
the Campbell County Circuit Court in
of the Washington, D.C.-based firm,
Lynchburg, Va. He served for three decades
where William Nelson is founding and
in a job he describes as a combination
managing partner.
of preacher, lawyer, counselor, therapist,
UVA Lawyer • Fall • 2007
| 59
Class
Notes
Tim Davis was named a 2007 Super
Steve Kruft joined Credit Suisse in
humor, and musical talent, his Freddie
Lawyer in Northern California, a
New York as a director in the legal and
Mac colleagues created a scholarship at
distinction given to the top five percent of
compliance department, responsible
the Law School for incoming law students
Northern California lawyers as voted by
for fixed income derivatives. Kruft
who demonstrate financial need.
their peers.
was previously with Swiss Re Financial
Terry Sullivan was named to the 2007 list
Services.
Richard “Rick” Gary was honored by
of “Best Lawyers in America” for personal
the Rudlin Torah Academy, Richmond
In October, Nicholas A. Lotito taught a
injury litigation by Best Lawyers. Sullivan
Hebrew Day School, at its annual Chesed
class in U.S. criminal law at Vladivostok
credits his legal success to “personal hero”
Awards dinner. The award for chesed,
State University of Economics and
Dean Al Turnbull ’62, who played a major
which literally means kindness in Hebrew,
Service in Russia through the Center for
role in Sullivan’s acceptance to the Law
was given to Gary based on his volunteer
International Legal Studies.
School.
work and his leadership role in the Jewish
and greater Richmond community. Gary
Don C. Martin, in the
is a partner at the Richmond office of
Phoenix office of
Hunton & Williams.
Quarles & Brady, was
1976
named one of the top
Peter E. Broadbent, Jr., has been recognized
five percent of
as a Super Lawyer by Virginia 2007 Super
attorneys in Arizona
Lawyers in Richmond magazine. Broadbent
and New Mexico in
is a partner at Christian Broadbent in
business litigation in
Richmond, where his areas of practice are
the June 2007 issue of Southwest Super
general business law, communications
Lawyers.
law (particularly cable television law), and
intellectual property (trademark, copyright,
James Allen Newell retired after 19 years
licensing, and Internet law).
Ray Hornblower and his wife, Cynthia,
as managing attorney at Freddie Mac in
welcomed Natalie Morgan (7 lbs. 2 oz.,
McLean, Va. He was previously counsel
William P.H. Cary
20"), born June 21. The Hornblowers live
to a commercial real estate developer, a
was recognized as one
in New York City.
private practitioner in Charlottesville,
of North Carolina’s
and a U.S. soldier. In 1996, he became
Super Lawyers in
James C. Sargent, Jr., is chairman of the
chair of the ABA Business Law Section
North Carolina Super
litigation department, appellate law, with
Ad Hoc Committee on Uniform State
Lawyers. Cary
Lamb McErlane in West Chester, Pa. He
Laws and Electronic Contracting, which
practices employment
was named a Pennsylvania Super Lawyer
made recommendations to the National
for 2007 by Law and Politics magazine.
Conference of Commissioners on
Brooks, Pierce, McLendon, Humphrey &
Uniform State Laws regarding electronic
Leonard in Greensboro, N.C.
and labor law with
contracts. These recommendations
1975
resulted in the Uniform Electronic
Daniel J. Hoffheimer authored “The
Transactions Act. Newell promoted the
Essential Attributes of Professionalism,”
Thomas E. Cabaniss
federal Electronic Signatures in Global
which was published in the Journal of
was named managing
and National Commerce Act and oversaw
Practical Estate Planning in January 2007.
partner of
Freddie Mac’s Preliminary Specifications
Hoffheimer is a partner at Taft Stettinius
McGuireWoods’
for Electronic Loan Documentation
& Hollister in Cincinnati.
Richmond office.
and eMortgage Handbook. He also
Cabaniss had been in
co-authored two law review articles,
Edward J. Levin was named the 2006–07
the Charlotte office
“Electronic Commerce and Negotiable
Distinguished Maryland Real Property
since 1998. He focuses
Instruments,” 31 Idaho L. Rev. 819
Practitioner by the Section of Real
his practice in real estate and commercial
(1995), and “Coming To A Screen Near
Property, Planning and Zoning of the
lending, banking, and creditors’ rights.
You—eMortgages—Starring Good Laws
Maryland State Bar Association. Levin
and Prudent Standards—Rated XML,”
practices in the Baltimore office of DLA
62 Bus. Law. 295 (2006). This spring, to
Piper, where he has been for the past 30
honor Newell’s friendship, judgment, wit,
years. He and his wife, Cheri ’76, have
60 | UVA Lawyer • Fall • 2007
Class
Notes
two sons. Paul is in his second year at the
Named one of the 2007 Best Lawyers
Gloria Cordes Larson was named the
Law School, and Benjamin is a senior at
in America, Jim Flegle was also elected
seventh president of Bentley College in
the Park School in Baltimore County.
treasurer and national representative of
May. Larson, who was chosen as the most
the Dallas chapter of the American Board
powerful woman in Boston by Boston
of Trial Advocates.
Magazine (2003), says she is “over the
Stephen C. Neff ’76, LL.M. ’77, S.J.D.
’88, is a reader in public international law
moon” as she assumes her new position.
at the University of Edinburgh School of
Ann Gordon writes that her husband of
Larson served as secretary of economic
Law. He has lived in Scotland since 1983.
21 years died on December 31, 2006, after
affairs and later of consumer affairs and
This year, his most recent book, War and
a lengthy and heroic battle with hepatitis
business regulation under Massachusetts
the Law of Nations: A General History (see
C, a liver transplant, and end-stage liver
Governor William Weld. Before that,
In Print section), was awarded honorable
disease. He worked until a week before he
she was deputy director of consumer
mention by the American Society of
entered the hospital.
protection for the Federal Trade
International Law for its contribution to
creative scholarship.
Gordon has been a foreign service
officer in the U.S. Department of State
Commission under President George
H.W. Bush.
since 1985. After serving overseas in
In August, Vance E. Salter was appointed
a variety of positions, she returned to
Poe Leggette was named a 2007 Super
as appellate judge at the Third District
Washington in 2001 to become consular
Lawyer for Washington, D.C., by Law &
Court of Appeal of Florida in Miami. This
officer in the visa office, rendering
Politics magazine. The ranking is based
is an intermediate court of appeal for all
security advisory opinions. She became
on an independent survey of more than
trial courts—criminal, civil, family, and
an international relations officer in the
35,000 lawyers in the nation’s capital.
probate—in Monroe (the Florida Keys)
State Department’s Bureau of Oceans,
Leggette is a partner at Fulbright &
and Miami-Dade Counties. He will leave
Environment, and Science in 2004.
Jaworski, where he co-chairs the firm’s
his position as a litigation partner with
She works on arctic issues, with special
energy practice group.
the Miami office of Hunton & Williams.
emphasis on polar bears. Gordon has
traveled to Siberia four times and to
John F. “Jack” Meck
Don Shuller was
Tromsø, Norway, for her work. In
was named one of
named to the 2008 Best
summer 2008 she’ll decide whether to
Pittsburgh’s top 50
Lawyers in America list.
retire or go overseas one last time.
attorneys by
He is in the Cincinnati
Gordon tutors three children,
Pennsylvania Super
office of Vorys, Sater,
volunteers with the Chesapeake Bay
Lawyers 2007. He’s
Seymour and Pease,
Foundation, reads with a book group,
been named one of
and practices in the
takes ice-skating lessons and a yoga class,
area of real estate law.
swims, and gardens. She also spends as
Lawyers in Pittsburgh and a Pennsylvania
much time as she can with her brother,
Super Lawyer since 2004. He’s in the
who lives in Chevy Chase, Md., and her 17-
estates and trusts group at Eckert
year-old nephew and 13-year-old niece.
Seamans, working in probate, beneficiary
1977
the Top 50 Super
representation, and trust and tax
J. Herbie DiFonzo recently co-authored
Peter Hursh is in his third year as
litigation, as well as trust and estate
two articles with his wife, Ruth Stern:
managing director of ECG Advisors,
planning and administration. Meck is a
“Devil in a White Coat: The Temptation
a Los Angeles-based consulting firm
member of the fiduciary litigation
of Forensic Evidence in the Age of CSI”
that advises boards of directors,
committee, a fellow of the American
and “Addicted to Fault: Why Divorce
their compensation committees, and
College of Trust and Estate Counsel since
Reform Has Lagged in New York.”
significant shareholders on executive
compensation, directors’ pay, governance
Stephen W. Earp was named to Business
practices for compensation committees,
North Carolina’s 2007 Legal Elite
and expert witness testimony. He has
listing as one of the top lawyers in the
clients throughout the U.S. and has
environmental field. Earp is currently
taught a class on executive compensation
a managing partner at Smith Moore in
at the Law School.
Greensboro, N.C.
WANTED:
A few good annual giving
volunteers
Join the Law School’s volunteer team.
Contact Helen M. Snyder ’87
helensnyder@virginia.edu
434-924-4668
UVA Lawyer • Fall • 2007
| 61
Class
Notes
1991, a member of the Pennsylvania Joint
Blake D. Morant was named dean of
State Government Commission’s
the Wake Forest University School of
Advisory Committee on Decedents’
Law. Following his military service,
Estates Laws, and past chairman of the
Morant spent seven years practicing
Probate and Trust Section of the
law in Washington, D.C., first in private
Allegheny County Bar Association. Meck
practice and then with the Washington
lives in Fox Chapel, Pa.
Metropolitan Area Transit Authority.
Alumni Event
His academic career began in 1988 and
Currently working as counselor on
has included positions with American
international law in the Office of the
University’s Washington College of Law,
Legal Adviser, U.S. Department of State,
the University of Toledo College of Law,
Paul Stephan looks forward to returning
the University of Michigan Law School,
to the classroom in Charlottesville in
the University of Alabama School of Law,
January.
and, most recently, Washington & Lee
and Kevin Dent ’88 at the Hotel
University School of Law. Morant also
Washington in June. Van Tine, Head
has been a visiting fellow of University
of Transportation, Homeland Security,
College, Oxford.
and Government Relations Practice
1978
Reunion Year
Debi Sanders ’78, Kirk Van Tine ’78
at Baker Botts in Washington, D.C.,
Kim H. Bullerdick recently joined
In June, Geoffrey S.
Ballard Spahr Andrews & Ingersoll in
Yarema was
Phoenix, where his focus will be mergers
appointed to the
and acquisitions, transactional finance,
National Surface
securities, and environmental practice.
Transportation
He was previously senior vice-president of
Infrastructure
whose professional careers have been
Giant Industries, Inc.
Financing
marked by the highest standards of
Commission. Along
ethical conduct, professionalism, civility,
delivered the keynote.
Mark Duvall is managing counsel at
with other industry experts, Yarema will
and collegiality. Membership in the
the Dow Chemical Company’s legal
serve on the new federal advisory
college cannot exceed one percent of the
department, doing environmental, health,
committee Congress created as part of the
total lawyer population of any state or
and safety regulatory work. Duvall has
Safe, Accountable, Flexible, Efficient
Canadian province.
recently been writing and speaking on the
Transportation Equity Act. Yarema is a
regulation of nanotechnology.
partner with Nossaman Guthner Knox &
Hugh Hill is an assistant professor of
Elliott in Los Angeles and chair of its
emergency medicine at Johns Hopkins
Laura G. Kuykendall has been named a
infrastructure practice group, which
University and is chair of the advisory
2007 Super Lawyer in Ohio by Ohio Super
advises governors, legislators, state
board for the effort in Montgomery
Lawyers. Kuykendall is a litigation partner
transportation commissions, municipal
County, Md., to provide health care for
at Vorys, Sater, Seymour and Pease in
planning organizations, and regional
the uninsured.
Columbus, Ohio.
transportation agencies on permitting,
Hal Litchford, a
contracting, procuring, and financing
Michael Kuhn was appointed to a
infrastructure projects across the country.
three-year membership on the State
Bar of Texas Standing Committee
founding shareholder
in Litchford &
Christopher in
1979
on Professionalism. The committee
recommends ways to improve
professionalism, with particular attention
Orlando, has been
named a Florida Super
H. Aubrey Ford of the Richmond, Va.,
to the professional development of
Lawyer for the second
firm of Cantor Arkema, was inducted
new lawyers. Kuhn is a partner with
year in a row.
as a fellow of the American College of
Jackson Walker in Houston. His work
Litchford practices mainly in litigation,
Trial Lawyers. Fellowship in the college,
encompasses purchases, sales, leases and
trial, and appellate law.
founded in 1950, is extended by invitation
financing involving office buildings,
only, and only after careful investigation,
shopping centers, commercial and
to those experienced trial lawyers who
residential condominiums, and mixed-
have mastered the art of advocacy and
use projects.
62 | UVA Lawyer • Fall • 2007
Shortly after 9/11, Matt O’Connell
Mark E. Ezell was
Arts, a Portland-based nonprofit
was assigned to restructure a satellite
named “Best of the
organization that works to support the
company called Orbimage in Dulles, Va.
Bar” in the
arts and cultural heritage in Oregon and
“We completed the restructuring and
Birmingham Business
southwest Washington. Bird is a
have built the company, renamed GeoEye,
Journal, the city’s top
shareholder in the Portland office of
into the world’s biggest commercial
business publication.
Schwabe, Williamson & Wyatt, where he
operator of imagery satellites.” In the
Ezell currently works
concentrates on mergers and acquisitions,
fall of 2006, GeoEye became the first
in the public finance
securities offerings, tender offers, proxy
commercial remote sensing corporation
law section of Haskell Slaughter in
contests, divestitures for public and
to be traded on NASDAQ.
Birmingham, Ala.
private companies, corporate finance,
securities law, and venture capital
Karen H. Rothenberg, dean of the
R. Peyton Mahaffey
University of Maryland School of Law,
was elected president
has been inducted into the Maryland
and managing
On August 9, Lora Dunlap of Fisher,
Women’s Hall of Fame. Rothenberg is
principal of
Rushmer, Werrenrath, Dickson, Talley
the first woman to head the School of
McCandlish & Lillard
& Dunlap gave a speech at a seminar
Law and founded the Law & Health
in Fairfax, Va.
entitled “Understanding the Current CGL
Care Program. She is also credited with
Mahaffey started with
Policy.” The seminar, which included a
overseeing the school’s ascension into the
the firm as an
range of insurance professionals, covered
transactions.
first tier of law schools, the opening of
associate in 1980 and became a principal
commercial general liability policies
a state-of-the-art academic facility, and
in 1988. He was named to the “Legal Elite”
maintained by many Florida business
strengthening the school’s leadership in
by Virginia Business Magazine from 2000
owners. A founding shareholder of
health care, the environment, and clinical
to 2006, a “Top Lawyer” by Washingtonian
Fisher Rushmer, Dunlap is noted for
education.
magazine in 2004, and more recently has
her experience in professional liability
been named a Super Lawyer in the
defense for accountant and attorney
John Ruff’s daughter, Anne Kathryn, is a
Washington, D.C., area for 2006 and 2007.
malpractice.
first-year at Virginia this fall.
Mahaffey continues to litigate business,
corporate, and commercial matters. He is
William H. Herlihy
Randall A.
an avid golfer and serves as a member of
was included in
Underwood was
the board of governors at International
Chambers USA 2007, a
recognized as one of
Country Club in Fairfax.
guide series that ranks
lawyers throughout
North Carolina’s
Super Lawyers in
W. David Paxton was
the United States in
North Carolina Super
named a 2007
various practice areas.
Lawyers. Underwood
Virginia Super
practices banking law
Lawyer. He focuses on
of Spilman Thomas & Battle in
with Brooks, Pierce, McLendon,
employment and
Charleston, W.Va., where he practices
Humphrey & Leonard in Greensboro, N.C.
labor with Gentry
environmental law.
Herlihy is a member
Locke Rakes & Moore.
1980
Paxton was one of two
Blaine A. Lucas was named a 2007
Roanoke lawyers named to Virginia’s Top
Pennsylvania Super Lawyer in the
50 list.
government, cities, and municipalities
J. Bennett Clark has joined Bryan
Cave’s St. Louis office as a partner. As
a nationally recognized intellectual
section. He practices with Babst, Calland,
Clements and Zomnir in Pittsburgh.
1981
Gary Slaiman was named head of
property litigator, Clark joins the firm’s
Intellectual Property and Commercial
Jeff Bird was elected
Bingham McCutchen’s government affairs
Litigation practice groups.
to a three-year term
group in Washington, D.C.
on the board of
directors for
Northwest Business
for Culture and the
UVA Lawyer • Fall • 2007
| 63
Class
Notes
1982
the Washington Post. Flynn returned to
Charlottesville on September 6 to address
Allen Boyer’s recent publications include
Law School students on issues discussed
an essay, “Drama, Law, and Rhetoric in
in the book. (see In Print)
the Age of Coke and Shakespeare,” in The
Law in Shakespeare, edited by Constance
Rebecca West Knowles recently joined
Jordan and Karen Cunningham (Palgrave
LeClairRyan’s Williamsburg office as a
Macmillan, 2007) and “Sharper and
partner in the real estate group. Knowles;
Brighter: Focusing on Sanctions at the
her husband, Brent; and children,
New York Stock Exchange,” 3 NYU
Laura, Jessie, and Kenyon, moved to
In June, Dick Schmalzl testified at a
Journal of Law & Business, 155 (2006)
Williamsburg in 2004 from Montclair,
hearing of the U.S. House of
(with Susan L. Merrill and Matthew
N.J. She had practiced in New York City
Representatives Committee on Small
Moore).
since 1988, including working in-house
Business titled “Sarbanes-Oxley Section
for Citigroup and Goldman, Sachs.
404: Will the SEC’s and PCAOB’s New
James Cooney of Womble Carlyle
Standards Lower Compliance Costs for
Sandridge & Rice was selected as one of
Jennifer Jordan McCall enjoys serving
Small Companies?” Schmalzl was invited
the top ten attorneys in North Carolina
as head of the estates, trusts, and tax
to testify given his experience working
by Super Lawyers magazine. He has been
planning practice section at Pillsbury
with clients on Sarbanes-Oxley
included in Best Lawyers in America since
Winthrop Shaw Pittman. McCall has
implementation, corporate governance
2000, and is a fellow in the American
offices in Silicon Valley and Manhattan.
issues, and SEC requirements. He is a
College of Trial Lawyers and a permanent
Her oldest daughter, Caroline Clark,
partner at Graydon Head & Ritchey in
member, Fourth Circuit Judicial
started at Princeton University this
Cincinnati.
Conference. Cooney is in the firm’s
fall. She rowed crew at the U.S. Junior
Charlotte, N.C., office.
Invitational National Championships in
Still with Jackson Walker in Dallas, Joan
June. McCall’s other daughter, Hillary,
Sprince Sostek reports that she and
Dan Dokos was awarded the Dealmaker
loves appearing in dramatic productions
her family live in the same (but newly
of the Year Award by American Lawyer
at the Menlo School in Atherton, Calif.
remodeled) house.
received the prestigious award in
Dan Ross practiced law for just one year
recognition of an $18.5 billion loan that
after graduation and has since spent
1983
he secured for the Ford Motor Company,
the bulk of his career in business, with
the largest corporate loan in history.
12 years each of investment banking
Robert J. Conrad, Jr., Chief Judge of
American Lawyer attributed much of the
and entrepreneurship experience. Ross,
the U.S. District Court for the Western
deal’s success to Dokos’ negotiating savvy.
based in Westchester County, N.Y., is
District of North Carolina, has been
Dokos currently is a partner and chair in
now looking to buy or invest in a services
nominated to the Fourth Circuit, which
the banking and finance practice of Weil,
or professory company, perhaps in the
hears appeals from federal district courts
Gotshal & Manges in New York City.
general field of law. He writes, “Please call
of Maryland, North Carolina, South
with ideas!” He enjoys seeing friends and
Carolina, Virginia, and West Virginia.
in the corporate debt category. Dokos
Kevin F. Flynn had his book, Relentless
Reunion Year
Law School classmates.
Thomas N. Griffin III
Pursuit, published by Putnam on March
1. The book drew rave reviews from major
J.B. Ruhl, the Matthews & Hawkins
was included in
publications including USAToday and
Professor of Property Law at Florida
Chambers USA 2007:
State University College of Law, will
America’s Leading
be a visiting professor at Harvard
Lawyers for Business.
Law School in spring 2008. Ruhl is a
Griffin specializes in
nationally regarded expert in the fields of
environmental law
WANTED:
A few good annual giving
volunteers
Join the Law School’s volunteer team.
Contact Helen M. Snyder ’87
helensnyder@virginia.edu
434-924-4668
64 | UVA Lawyer • Fall • 2007
endangered species protection, regulation
of wetlands, ecosystem management,
environmental impact analysis, and
related environmental and natural
resources fields.
with Parker Poe
Adams & Bernstein in Charlotte, N.C.
Class
Notes
Joseph Guzinski is a bankruptcy attorney
on Public Diplomacy, a seven-member
Joseph H. Varner III,
with the Office of the U.S. Trustee in
bipartisan panel that provides advice and
along with his firm,
Roanoke, Va. His older daughter, Claire,
oversight of all U.S. Government activities
Knopik Varner
attends Virginia Tech. His younger
intended to understand, inform, and
Moore, has been
daughter, Lauren, is in high school.
influence foreign publics. In addition,
accepted into
Osborn continues to serve as executive
membership by the
Christopher S. Knopik, along with
vice-president and general counsel of
International Society
his firm, Knopik Varner Moore, has
Cephalon, Inc.
of Primerus Law
been accepted into membership by the
Firms, an alliance of small- to medium-
International Society of Primerus Law
Larry Richardson is senior vice
size independent law firms. Knopik
Firms, an alliance of small- to medium-
president of RenaissanceRe Ventures,
Varner Moore is headquartered in Tampa,
size independent law firms. Knopik
based in Bermuda. Richardson joined
Fla., and specializes in civil trial practice.
Varner Moore is headquartered in Tampa,
RenaissanceRe in 2001 as vice president
Varner is one of only a small group of
Fla., and specializes in civil trial practice.
of the company’s ventures unit, which
lawyers in the U.S. and Canada selected in
creates and manages RenaissanceRe’s
the Best Lawyers in America Bet-the-
Paula Millian resides in McLean, Va.,
joint ventures and other managed
Company Litigation category this year.
with her husband, John, and their three
vehicles, and makes strategic investments.
Varner has been named in the Best
children. Millian works as a legal search
The largest of these joint ventures
Lawyers Commercial Litigation category
consultant with Finn and Associates, one
currently include Top Layer Reinsurance
since 2001. He was named a Florida Super
of the D.C. area’s oldest legal search firms.
Ltd., DaVinci Reinsurance Ltd., and
Lawyer in the field of plaintiff’s medical
Starbound I and II.
malpractice litigation and, for the second
In May, Stanford Law School appointed
year in a row, stands among the top 100
Jay A. Mitchell director of its new
Neil L. Rose has
lawyers in Florida in the Super Lawyers
Nonprofit and General Counsel Clinic.
joined Willcox &
survey. Varner was also invited to become
The clinic will offer students a range of
Savage as a partner in
a fellow of the American Bar Foundation.
hands-on projects to hone their skills,
the Virginia Beach
However, the most important news, he
with a focus on working with nonprofits
office. Rose will focus
reports, is that he and his wife, Monica,
and small businesses. His task, he says, is
on estate planning,
welcomed to the world their first child,
to “encourage students to think like the
structuring of
Evan Joseph, on February 5.
client.” Since 1992, Mitchell had been a
businesses and joint
legal executive with Levi Strauss & Co.,
ventures, LLCs, real estate, and taxation.
Nicholas Wallwork was included in
where his work focused on corporate
He was formerly a partner with Wolcott
Chambers USA, along with his law firm,
governance, financial disclosure, capital
Rivers Gates.
Steptoe & Johnson, for 2007. Wallwork,
structure, and product sourcing matters.
described by Chambers as “an imaginative
Suzelle Smith delivered lectures at
strategist with diplomatic skills,”
Jeffrey E. Oleynik was
Oxford and Cambridge Universities in
practices environmental litigation in
recognized as one of
June on the legality of the Guantanamo
Steptoe & Johnson’s Phoenix office.
North Carolina’s
detentions and tribunals.
Billy Webster and his family (Lindsay,
Super Lawyers in the
area of antitrust law in
Carol Summers is starting her sixth year
Will, Lily, Vinnie, and Liza) moved to
North Carolina Super
as an employee relations specialist in the
Barcelona, Spain, for a family sabbatical
Lawyers. Oleynik
Virginia Beach City Schools’ Department
in August.
practices with Brooks,
of Human Resources. Summers writes,
Pierce, McLendon, Humphrey & Leonard
“Many people will remember my
Craig Owen White,
in Greensboro, N.C.
mother, Becky Pullinger, who is in the
senior partner at
terminal stages of Alzheimer’s. We would
Hahn Loeser & Parks
appreciate your thoughts and prayers.”
in Cleveland, traveled
John E. Osborn was
nominated by
to South Africa to
President George W.
participate in a
Bush to serve on the
training program
United States
Advisory Commission
organized through the
International Senior Lawyers Project.
UVA Lawyer • Fall • 2007
| 65
Class
Notes
Attorneys from the United States teamed
covers a variety of subjects, with an
Kevin Ohlson, a veteran Department of
with South African business lawyers to
emphasis on the law and economics of
Justice prosecutor and chief of staff to a
teach practical aspects of commercial law
public corporations. Bainbridge currently
former deputy attorney general, has been
to attorneys who have historically been
serves on the editorial advisory board of
named director of the Executive Office
denied opportunities to practice in this
the Journal of Markets & Morality.
for Immigration Review in Falls Church,
area. All instructors provided their time
Va. Ohlson became a federal prosecutor
on a pro bono basis.
1984
Mark M. Christopher
in 1989 and served as a military lawyer
was named
and paratrooper during Operation Desert
Massachusetts State
Storm in Saudi Arabia and Iraq.
Chair of the American
College of Trust and
Peter Brunstetter moved his practice
Estate Counsel.
to Womble Carlyle Sandridge & Rice
Christopher is a
partner at Edwards
in Winston-Salem, N.C., in February.
1986
Laura M. Barzilai was named partner at
In addition, Brunstetter is currently a
Angell Palmer & Dodge in Boston, where
Sidley Austin. Barzilai works in the firm’s
member of the North Carolina State
he practices estate planning and trust and
New York office, where she focuses on
Senate, representing District 31 (Forsyth
estate administration. Christopher also
federal income tax matters.
County).
serves on the governing council of the
Boston Bar Association, where he lectures
Thomas R. Denison retired from First
In December, Susan Chetlin and her
frequently on estate planning and
Reserve Corporation, Greenwich, Conn.,
law partner opened the Denver office of
fiduciary matters.
where he had been a managing director
Fennemore Craig, one of the oldest firms
since 1998, and moved to Newport Coast,
in Arizona. Chetlin is a registered patent
Hal Hicks has joined Skadden, Arps,
Calif., where he runs a small private
attorney and finds her clients wonderfully
Slate, Meagher & Flom as a senior partner
equity firm called Next Step Investments.
innovative and creative, which makes her
in the firm’s Washington, D.C., office,
He will be teaching a short course in
practice great fun.
where he specializes in international
private equity at the Law School this
tax law. In addition, Hicks is an adjunct
spring.
Desiree Cooper recently became co-host
professor at Georgetown University
of Weekend America, a two-hour weekly
School of Law. Hicks previously served
M. Nan King recently accepted a new
program on public radio about current
as international tax counsel at the U.S.
position as vice president and director
issues, the arts, and public affairs. She’ll
Department of Treasury and associate
of legal services for RBS Lynk, a former
work at American Public Media’s St. Paul
chief counsel at the IRS, where he received
client. Her firm represented Lynk when
headquarters. For the past seven years,
Treasury honor and chief counsel awards.
it was sold to Royal Bank of Scotland in
Cooper was a columnist with the Detroit
Hicks currently resides in McLean, Va.,
2004 for $525 million.
Free Press.
with his wife, Nancy, and their three sons.
Michael Crehan joined AvalonBay
David Leitch was presented World
copyright royalty judge in Washington,
Communities, an apartment REIT with
Recognition of Distinguished General
D.C. Roberts had previously served as
apartments in high barrier-to-entry
Counsel by the Directors Roundtable and
senior attorney on the general counsel
markets of Northern and Southern
National Law Journal. Leitch was honored
staff of the Copyright Office.
California, Northeast, mid-Atlantic,
for his personal accomplishments as
Midwest, and Pacific Northwest, as senior
general counsel of Ford Motor Company
Liz Espin Stern and her husband,
director of legal affairs for construction,
and, formerly, White House deputy
Michael, are enjoying watching their
development, and investment.
counsel.
sons, Alex and David, grow up. Alex is a
William J. Roberts was appointed a
teenager now and David just turned eight.
1985
Richard H. McAdams is joining the
Stern heads Baker & McKenzie’s global
faculty of the University of Chicago Law
migration and executive transfers group
School as a professor of law. McAdams
in Washington, D.C.
Stephen Bainbridge was named the
has spent the past eight years as a
William D. Warren Professor of Law
professor at the University of Illinois
Dwight Sullivan has co-authored a
at UCLA. Bainbridge teaches business
College of Law.
casebook with Eugene R. Fidell and
law and is a prolific scholar whose work
66 | UVA Lawyer • Fall • 2007
Elizabeth Lutes Hillman titled Military
Class
Notes
Alumni Events
Each May
the Law School Alumni Association hosts Law
Alumni Weekend (LAW) 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 highlights.
Number of people in town for LAW
979
Pounds of pork BBQ consumed Saturday afternoon
121
176
Record-breaking number of reunion yearbook submissions 461
Oldest class in attendance 1949
Number of simultaneous parties on Saturday night 11
Number of mint juleps served during Kentucky Derby viewing
Number of guests who ended up in the foundation at the after party
NOBODY’S TELLING
Largest participation in reunion gift Class of `57
Largest gift Class of `82
Number of sequins on band members costumes
TOO MANY TO COUNT
#1 reason survey respondents report for attending
TO SEE OLD FRIENDS
AND CLASSMATES
UVA Lawyer • Fall • 2007
| 67
Class
Notes
Justice: Cases and Materials. Published by
to make its rebirth a reality.” Boyle is
David Morriss retired from the U.S. Navy
LexisNexis, the book covers U.S. courts
currently a partner in the employment
with the rank of captain in March 2005
martial and a wide range of other issues
law practice group at Phelps Dunbar.
and joined the staff of the Senate Armed
involving national and international
Services Committee. He is now general
military criminal law, with a depth of
William L. Brooks has joined Edwards
background information on judicial
Angell Palmer & Dodge as partner in its
opinions, regulations, and statutes. (see
new office in Washington, D.C. The firm’s
Barry K. Simmons (LL.M.), on
In Print)
new location near the U.S. Patent Office
completion of Chinese language training
enhances its increased role in the area of
at the Department of State’s Foreign
intellectual property. Brooks, formerly
Service Institute, has been assigned to
from Armstrong, Kratz, Quintos,
the U.S. Consulate General in Shanghai,
Hanson & Brooks, focuses his practice in
China, where he serves as the cultural
Joe Baker was appointed as assistant deputy
patent prosecution, expert opinion, and
affairs officer.
secretary for health and human services
litigation. He has experience in many
by New York’s governor, Eliot Spitzer.
aspects of mechanical and electrical
After graduation, David Sutherland spent
In May, James R. Billingsley became vice-
engineering, and has both undergraduate
three years at Cadwalader, Wickersham
president, general counsel, and secretary
and master’s degrees in the latter. Brooks
and Taft in Washington D.C., four years
of Brand Energy & Infrastructure
is a member of the U.S. Patent and
at Caplin & Drysdale, and four years as
Services, a provider of access, insulation,
Trademark Bar. He resides in Vienna, Va.
the associate international tax counsel
1987
counsel for the senate minority.
for the U.S. Treasury Department. In
painting, and other services to the energy
industry. In February, the company was
Brooke Dickerson recently returned to
1997 he and his wife, Deanna, moved
purchased by First Reserve Corporation,
practice at Arnall Golden Gregory in
to Hong Kong, where he is a managing
a private equity firm that focuses on the
Atlanta, concentrating in environmental
director at Morgan Stanley and handles
energy industry. He writes, “The work
matters.
the company’s tax affairs in Asia. He
estimates that he’s flown about three
is demanding, exciting, and more fun
than a lawyer should be allowed to have.”
Douglas R. Eitel has recently opened his
million miles in the past ten years, mainly
Billingsley and his wife, Julia, continue
own medical practice, Psych ConsultMD,
to Tokyo, Seoul, Taipei, Singapore,
to reside in Rye, N.Y., with their children,
in Lewisburg, W.Va., where he currently
Mumbai, and Sydney.
ages 4½ and 2½.
resides with wife, Laura. Their son,
Kim M. Boyle was awarded the New
Sutherland and his wife work with
Andrew, is a junior at the Julliard School
a charity that provides homes to street
in New York City.
children in Indonesia and another
that cares for special needs orphans
Orleans Bar Association’s Presidents’
Award at a reception held in her honor
Stephen Fox and Wes Musselman were
in China, and with International Care
on August 16. The Presidents’ Award, the
selected by their peers in Dallas as two
Ministries. Their eldest son, Kent, is
highest level of recognition given out by
of the Best Lawyers in Dallas in the
finishing his first year at Dartmouth.
NOBA, commends attorneys who have
fields of labor and employment law and
Their youngest, Dillon, is a junior at
dedicated themselves to community service.
intellectual property law, respectively.
Hong Kong International School. They
are proud to announce that their Chinese
In her reception speech, Boyle accepted the
award “on behalf of and in the spirit of
In December 2006, John Gibson
daughter, Corrie, was accepted to UVA
all of us who love our city [New Orleans],
was named vice president for policy
and will be following in their footsteps in
our community, and who are determined
communications and chief of staff,
Charlottesville.
communications, for Fannie Mae. He
lives in Washington, D.C.
In June, Melvin White, a partner
in McDermott Will & Emery’s trial
WANTED:
A few good annual giving
volunteers
Join the Law School’s volunteer team.
Contact Helen M. Snyder ’87
helensnyder@virginia.edu
434-924-4668
68 | UVA Lawyer • Fall • 2007
Kim M. Keenan was named “Woman
department, was sworn in as president of
Lawyer of the Year” by the Woman’s Bar
the District of Columbia Bar. White is a
Association of the District of Columbia
two-term member of the D.C. Bar’s Board
for 2007. Keenan is currently a senior
of Governors and executive committee
trial attorney with the law firm of Jack H.
member. He also has served on the budget
Olender and Associates.
and finance committees.
Class
Notes
2007 academy annual meeting in
Rebecca S. Chaffin
will be fostering greater inclusion in
Williamsburg, Va. She also was named
was elected to the
the D.C. bar, more pro bono service,
a Super Lawyer in 2006 and 2007 by
management
and better mentoring and retention of
Richmond Magazine and elected to the
committee at Helms
junior lawyers. He focuses his practice
American Academy of Trial Counsel. She
Mulliss & Wicker,
on complex commercial litigation and
continues to practice personal injury and
where she is
dispute resolution. A member of the
adoption law while raising her 15-year-
responsible for all
American Bar Association, he has been
old twin boys, teaching aerobics, scuba
active on the ABA’s Commission on
diving whenever she can get the chance,
day-to-day operations and strategic
Minorities in the Legal Profession. He
and learning to play tennis.
direction. Chaffin has been with Helms
As president, White says his priorities
is a member of the Fellows of the ABA,
aspects of the firm’s
Mulliss & Wicker since 1996, focusing on
National Bar Association, Washington
After more than seven years living in
Bar Association, Women’s Bar
Denver, Carol Warren Simon and her
Association of the District of Columbia,
family relocated to the San Francisco Bay
GAYLAW, and the Edward Bennett
area. Warren Simon’s husband is senior
Williams American Inn of Court.
vice-president for human resources at
complex financial transactions.
Pacific Gas & Electric, and she is taking a
Ken Willner met and married his
break from law practice to help the family
wife, Lauri, after law school. They have
get settled.
two children, Kelly and Sean. Willner
practices employment law as a partner
John S. Vishneski III has joined the
with Paul, Hastings in Washington, D.C.,
newly combined Reed Smith Sachnoff &
and has management responsibilities as
Weaver in Chicago as a partner. Vishneski
Chris Schuyler and Susan Baker welcome
the firm’s professional personnel partner.
represents insurance policyholders in
their daughter, Kara Mia Schuyler. Kara
He handles employment discrimination
coverage disputes, particularly those
was born on August 31 and weighed in at
class actions, other employment and labor
involving large manufacturers. He had
7 pounds 13 ounces.
law issues, and employee intellectual
been a partner with Mayer Brown.
property disputes. Willner was named a
D.C. Super Lawyer this year. In his spare
time, he likes building furniture and
1989
1990
Justice Robert Benham (LL.M.), the first
playing with his kids.
Ella Brown was recently named among
African American chief justice of the
the best attorneys in the United States
Supreme Court of Georgia, gave an address
for 2007 by Chambers and Partners, an
in September in Tifton, Ga., at a service
independent British legal research firm
commemorating civil rights. Benham
Jordan Gruber is a full-time ghostwriter
that publishes rankings of leading firms
was the first black man to establish a law
for the financial services industry. See
based on client interviews. She is an
practice in Bartow County and the first
www.practicalwordsmith.com.
employment litigator and partner with
since Reconstruction to win a statewide
Pierce Atwood in Portland, Maine.
election in Georgia, when voters chose him
1988
Reunion Year
Michael Hayes is a visiting professor at
for the Georgia Court of Appeals.
Albany (N.Y.) Law School this academic
In July, Elissa Cadish was appointed to
year. Next year he’ll return to the faculty
the Clark County, Nevada, District Court
Trevor Chaplick has joined Proskauer
of the University of Baltimore (Md.)
bench. For the past 12 years, Cadish
Rose as partner and co-head of the firm’s
School of Law.
has been at Hale Lane Peek Dennison
Washington, D.C., office. Chaplick’s work
& Howard, specializing in commercial
includes business transactions in both the
J. Marshall Page was appointed the head
litigation and employment law. She will
national and international realm.
of the business and finance practice group
handle civil and criminal cases on the
at Jones Walker in New Orleans.
bench, consulting with other judges who
Sean Gertner and his wife, Marla, are
have made similar transitions. She will be
happy to report the birth of their first
up for re-election in 2008.
child, Eva Isabella, born February 2.
Colleen M. Quinn recently was elected
to the board of trustees of the American
Eva is the first granddaughter of Jerome
Academy of Adoption Attorneys
Gertner ’62.
and serves as the chairperson for the
UVA Lawyer • Fall • 2007
| 69
Class
Notes
Allen Groves has
Nathan B. Smith is now general counsel
is an active member of the Oregon and
been named interim
of GE Fanuc Embedded Systems
national environmental bars and has
dean of students at
(gefanucembedded.com), a leading
served as a vice-chair of the marine
the University of
supplier of high-performance embedded
resources subcommittee of the American
Virginia. Groves has
computing products worldwide, with
Bar Association’s Environmental Law
high expectations for
headquarters in Charlottesville.
Section. He continues to teach as an
adjunct professor at Lewis & Clark Law
the post, as he
explains, “UVA
Mimi E. Tsankov was sworn in on June 1 as
should offer the best undergraduate
an immigration judge for the Los Angeles
experience in the country, and everything
Immigration Court. Judge Tsankov joins
James Czaban joined Wilmer Cutler
we do in the dean of students’ office must
the ranks of more than 200 immigration
Pickering Hale and Dorr in October
measure up to that standard.” Before
judges located in 54 immigration courts
2006 as partner and chair of the firm’s
becoming interim dean, Groves directed
throughout the nation.
FDA group in Washington, D.C. He
formerly practiced as a partner at Heller
alumni cultivation and development
activities for Virginia’s division of student
affairs.
School in Portland.
1991
Ehrman and at Venable. He was named
a Top Lawyer in D.C. by Washingtonian
magazine in November 2004. Czaban; his
William Hood was appointed to the
Scott Lassman joined WilmerHale
wife, Beth; and kids, Nicholas and Alyssa,
Denver District Court bench. Hood also
as a partner in Washington, D.C., in
continue to live the suburban lifestyle in
serves on the board of trustees for the
September. Lassman adds his knowledge
Northern Virginia, but try to get away as
Denver Bar Association and as an adjunct
of Food & Drug Administration
often as possible for mountain and ocean
faculty member at the University of Denver
policy and regulation to WilmerHale’s
adventures.
College of Law, where he teaches trial
expanding FDA-related practice. Lassman
practice and advanced criminal procedure.
formerly was senior assistant general
Karen (Dunlop) Gibbs is a partner at
Hood’s wife, Diana, and daughters,
counsel for the Pharmaceutical Research
Sidley Austin in Chicago. She practices
Kaila and Alyssa, all agree that he looks
and Manufacturers of America (PhRMA).
in the health care group. Dunlop and
“smashing” in his new black dress.
He was the 2007 recipient of the
her husband, Gary, recently welcomed
prestigious PhRMA Board of Directors
Virginia Suzanne into the world. Ginny
Exceptional Service Award.
joins Malcolm Dunlop (12), Gillian
Philip S. McSween, a
Dunlop (10), and Caitlin Gibbs (9) to
shareholder in the
Nashville office of
Baker, Donelson,
1992
complete the family.
C. Tolbert Goolsby, Jr. (LL.M.) retired
Bearman, Caldwell &
Berkowitz has been
Matthew Cholewa has joined First
from the South Carolina Court of Appeals
named an
American Title Insurance Company in
on July 1, but remains on the court in a
Outstanding
Hartford, Conn., as state and claims
senior judge capacity. In June, Goolsby’s
Physician Practice Lawyer by Nightingale’s
counsel and 1031 Exchange counsel.
short story, “A Presbyterian Cookbook,”
Healthcare News. He is one of only 10
Cholewa has been in the title insurance
was published by Bellebooks in its
attorneys from across the country named
industry since 1998.
anthology On Grandma’s Porch.
to both non-profit and for-profit health
Aaron Courtney recently joined
Elizabeth B. Lacy (LL.M.) retired from
care providers, including hospitals,
Marten Law Group, Seattle’s largest
the Virginia Supreme Court in August.
specialty providers, and physician groups.
environmental law firm, in its new
Lacy, appointed by Governor Gerald
He focuses primarily in health care
Portland office. Courtney has practiced
Baliles ’67 in 1988, was the first woman
mergers, acquisitions, and joint ventures.
for 14 years in the areas of energy,
on Virginia’s highest court.
to the annual list. McSween is a counselor
natural resources, water quality, and
Suzanne Parker practices with Mayer
the Endangered Species Act—all areas
Sean M. Mahoney has
& Williams (based in New Jersey), and
relevant to climate change and the
joined the Conserva-
is also the head coach of the women’s
environment. He has worked extensively
tion Law Foundation
rugby team at the U.S. Naval Academy:
on environmental cleanups, air quality
(CLF), New England’s
www.usna.edu/womensrugby.
matters, agricultural issues, and corporate
leading environmen-
acquisitions and divestitures. Courtney
tal group, as director
70 | UVA Lawyer • Fall • 2007
Class
Notes
of its Maine Advocacy Center. CLF
a 2007 Rising Star by Super Lawyers, a
Chambers USA named
President Phil Warburg described
supplement of Texas Monthly magazine.
Robert Schmidt, Jr.,
Mahoney as a “smart, dynamic, and
Stewart practices in the areas of insurance
one of Ohio’s leading
utterly committed environmental
coverage, bad faith litigation, managed
environmental
lawyer.” Mahoney currently resides in
care litigation, and appellate matters. She
attorneys. Schmidt is
Falmouth, Maine.
is a member of the Dallas Bar Association
a partner in the
and Attorneys Serving the Community. litigation department
In June, Theodore A.
Mathas became
president of New York
of Porter Wright
1993
Reunion Year
Morris & Arthur. He represents clients in
all major environmental programs,
including the Clean Air Act, Clean Water
Life. He will continue
serving as chief
D. Reed Freeman, Jr., has co-authored CCH
Act, Superfund, solid and hazardous
operating officer.
Privacy Law in Marketing, a comprehensive
waste, emergency planning, and
Since 2002, Mathas
privacy law resource for attorneys and
agricultural issues. He negotiates with
has been a member of
privacy professionals. Freeman is currently
both state and federal environmental
the company’s executive management
a partner at Kelley Drye Collier Shannon’s
agencies regarding regulatory issues and
committee, which is responsible for
advertising and marketing practice group
enforcement and assists clients with
establishing management policies in all
in Washington, D.C.
environmental aspects of real estate and
business transactions. He also represents
areas of New York Life’s business and
affairs. He also serves on the board of
In January, Hilda Gurley-Highgate
coal and industrial mineral companies on
Haier New York Life Insurance, the
joined the legal staff of Wal-Mart as
both regulatory and enforcement matters.
company’s joint venture in China. He and
assistant general counsel at the retail
his wife, Keryn, live in Armonk, N.Y., with
giant’s home office in Bentonville, Ark.
Todd Silliman is a partner with McKenna
Long & Aldridge in Atlanta, specializing
their three children.
Jill D. Jacobson has
in natural resources transactions. He
Robert A. Matthews, Jr., is proud to
joined Bowman and
devotes a significant amount of his time
announce the formation of Latimer,
Brooke in Richmond,
representing the state of Georgia in the
Mayberry & Matthews Intellectual
Va. Jacobson’s trial
tri-state water disputes with Florida
Property Law. The firm has offices
practice focuses on
and Alabama. Todd is chair-elect of the
in Blacksburg and Herndon, Va.,
the defense of product
Institute for Georgia Environmental
and specializes exclusively in patent
liability and
Leadership and serves on the executive
law. Matthews is also the sole author
commercial and
committee of the Georgia Conservancy.
of Annotated Patent Digest, which is
employment litigation matters. She has
Todd is married to Wendy White
entering its third year of publication by
successfully defended products including
Silliman and has two children, Alexander
Thomson-West.
drugs, medical devices, cars, motorcycles,
and Margaret.
all-terrain vehicles, and automotive
Andrea Moss lives in Woodstock, N.Y.,
components, as well as industrial and
with her husband, Norm Magnusson,
construction equipment. Jacobson is
and three children: Daisy (10), Alice (8),
Bowman and Brooke’s first openly gay
and Moss (3). Andrea is a partner in a
partner.
specialty food company, Maya Kaimal
1994
Alfred L. Browne III has joined the newly
opened Boston office of Cooley Godward
Amy Y. Jenkins was named to 2007’s
Kronish as a partner in the firm’s venture
Best Lawyers in America by Best Lawyers
capital financings and emerging companies
Jeffrey Naness and his wife have two
for employment law. Amy is currently
practice groups. Browne has also been
boys, 5 and 8. He is partner at Naness,
a partner at Nelson Mullins Riley &
named a “Rising Star” by Massachusetts
Chaiet, and Naness, a Long Island-based
Scarborough in Charleston, S.C., and
Super Lawyers in 2006 and 2007.
firm representing management in labor
serving as chair of the South Carolina
relations and employment matters.
Bar’s employment and labor law section.
(www.maiyakaimal.com).
John Decker and Jennifer Short ’95
welcomed their first child, William, in
Amy E. (Hubbard) Stewart, a partner
Bill Love was named vice-president and
January. John is a partner in the energy
at Wilson Elser Moskowitz Edelman &
associate general counsel of the American
practice in the Washington, D.C., office of
Dicker in Dallas, has been selected as
Stock Exchange.
UVA Lawyer • Fall • 2007
| 71
Class
Notes
Vinson & Elkins. Jennifer is a partner at
more credible than the other? We did it
the sale of the business to Ferguson Fire
Holland & Knight, practicing litigation in
through third-party witnesses, collateral
& Fabrication, a division of Ferguson
the firm’s Northern Virginia office.
documents, and the defendant’s own
Enterprises, a corporation whose year-end
testimony.” Cox is with Lynn Tillotson &
sales for 2006 totaled $9.65 billion.
Neil Kapadia is actively developing real
Pinker, a Dallas-based firm.
Jennifer Short and John Decker ’94
estate in Charlotte, N.C., where he has
lived since law school. Neil lives with his
Tilman H. Eckert (LL.M.) has started
welcomed their first child, William, in
wife, Dr. Sheena Kapadia, and has two
and serves as interim manager of his own
January. Jennifer is a partner at Holland
daughters: Ameena (7) and Anjali (4).
business in Germany. After 10 years of
& Knight, practicing litigation in the
experience with blue-chip companies and
firm’s Northern Virginia office. John is
Jeanne Liedtka teaches at Lehigh
medium-size companies, Eckert decided
a partner in the energy practice in the
University in Bethlehem, Pa., and
in 2005 to become self-employed and,
Washington, D.C., office of Vinson &
telecommutes to work with Patton
since then, has supported companies in
Elkins.
Boggs in Washington, D.C. She has four
a wide array of strategic projects. Eckert
children, ranging in age from 9 to 2.
describes interim management as “a fast-
Douglas D. Timmer has joined the law
growing market in Germany, although
department of Northwestern Mutual
still small with regard to legal issues.”
Life Insurance Company, Milwaukee, as
Brian C. Purcell has
assistant general counsel and assistant
joined Willcox &
Savage as a partner.
Jeff Heninger is practicing with Reed
secretary on the investments-securities
He will practice in the
Smith in Northern Virginia and taught
team. He previously was a partner with
Virginia Beach office,
his first semester as an adjunct law
Kirkland & Ellis in Chicago.
focusing on mergers,
professor at George Mason University
acquisitions and
Law School. He and his wife, Paige, have
Yvonne K. Tran has moved from
divestitures, joint
five children.
Manhattan to Ridgefield, Conn., with
her two daughters, Taylor (3) and Stella
ventures, pass-through entity taxation,
and general business matters. Purcell was
Janice Johnston works as a supervising
(1), and her husband, John Boyd. Tran
formerly a partner with Williams Mullen.
producer for Good Morning America
continues to work at DoubleClick Inc. as a
in New York City. She writes scripts,
commercial transactions attorney.
reads newspapers from around the
1995
Trey Cox won a major trial verdict
country, preps guests, shoots stories, and
Peter S. Vincent was named the U.S.
troubleshoots the editorial content of the
Department of Justice’s assistant judicial
8 a.m. hour of the show.
attaché at the U.S. Embassy in Bogotá,
for a client who helped finance a real
Colombia. In that capacity, Vincent
estate project in Dallas, but never was
advises the Justice Department on
given a promised stake in the successful
issues concerning extradition, terrorist
development. The Dallas County jury
organizations, and narcotics trafficking.
voted to award more than $7 million to
Prior to his appointment as assistant
the plaintiff, whose lawsuit was based
judicial attaché, Vincent was a trial
on an oral agreement to share profits
attorney with the San Francisco office of
in exchange for financing. “This is the
the chief counsel of the U.S. Department
highest form of advocacy,” says Cox. “It’s
of Homeland Security.
strictly a ‘he said, she said’ case. How do
you convince a jury that one person is
WANTED:
A few good annual giving
volunteers
Jason Moyers and his wife, Kendall, are
Robin Wilson earned the distinction
pleased to announce the arrival of their
of “citizen lawmaker” at an awards
son, Jacob Arias Moyers. Jacob was born
ceremony at the Albemarle County
on June 10, 2006.
Courthouse. Virginia State Delegate Rob
Bell presented the award for Wilson’s
Jim Seale, along with the investment
work leading to House Bill 2969, which
bank he founded, Seale & Associates,
prohibits the practice at teaching hospitals
Contact Helen M. Snyder ’87
announced that the bank acted as
of allowing medical students to perform
helensnyder@virginia.edu
exclusive financial advisor to the
pelvic exams on anesthetized patients
shareholders of Grif-Fab Corporation on
without their consent. The new Virginia
Join the Law School’s volunteer team.
434-924-4668
72 | UVA Lawyer • Fall • 2007
Class
Notes
law requires informed consent. Wilson
Michael D’Agostino and Robert
percent of attorneys in Arizona and New
is a law professor at Washington & Lee
A. Kole were panelists at Mealey’s
Mexico in securities and corporate
University.
Global Warming Insurance Litigation
finance.
Conference in San Francisco, speaking
1996
on reinsurance and underwriting issues.
Erik Petersen and his wife, Andrea, are
D’Agostino gave the insurers’ perspective,
celebrating the birth of Liam John in
while Kole spoke for reinsurers.
April.
Charles Abell and his wife, Siobhan,
are very excited to announce the arrival
1997
of their daughter, Claire (9 lbs., 6 oz.),
on July 12. Abell reports that Claire is a
happy, healthy baby, and both she and
Last year, Elizabeth Abidin and her
Siobhan are doing very well. Big brothers
husband welcomed their second son,
James and Thomas are especially pleased
Richard Christian (named after both of
to welcome their baby sister to the family.
his grandfathers). The family moved to
a new home in June, and the paperback
Adam Albrett is CEO of Sirenada
version of The Baby Sleep Solution was
(www.sirenada.com), a broadcast radio
Michael L. Davitt and his wife, Michelle,
interactive startup headquartered in
celebrated the birth of their first daughter,
Jordan. He is in the process of closing
Kennedy Paige, on April 4.
published in December.
Formerly a litigation partner at Powell
Goldstein in Atlanta, Simon Bloom
the sale of a 400-page patent application
he wrote that includes 19 of his own
Ronan Doherty became a partner at
left the firm to start his own practice
inventions and more than 746 claims.
Bondurant, Mixson & Elmore in Atlanta.
in downtown Atlanta. Bloom and his
Albrett may return to practicing patent
Doherty represents both plaintiffs and
partners have a civil trial practice that
law later this year.
defendants in all aspects of civil litigation
focuses on real estate disputes.
and alternative dispute resolution,
John Calkins is an assistant general
focusing on antitrust, appellate litigation,
Laura Burton is chair of the North
counsel for Northwestern University
class actions, intellectual property, and
Carolina Bar Association’s International
in Chicago, with areas of responsibility
commercial contract litigation.
Law and Practice Section and the vice-
ranging from intellectual property and
chair of the Immigration Committee
information technology to student affairs
Lori C. Ferguson recently joined the
of the North Carolina Board of Legal
and athletics. Calkins writes that he also
Sacramento offices of Hanson Bridgett.
Specialization. She practices with Smith
enjoys serving as a guest lecturer at the
Ferguson is “delighted” with the move,
Moore and lives with her husband, Will,
Law School.
noting that Hanson Bridgett shares her
and their children, Sarah and Billy, in
Damian D. Capozzola has joined Epstein
“passion for representing clients involved
Greensboro, N.C.
Becker & Green’s Los Angeles office as
in complex legal matters in a cost-
an associate in the litigation and health
effective and efficient manner.”
care and life sciences practices. In
Brian W. Byrd was named to Business
North Carolina’s 2007 Legal Elite listing
addition, Capozzola wrote two articles,
Joseph Kelly was named partner at
as one of the top lawyers in the real estate
“Jump Start Your Defense to Seize
Sidley Austin. Kelly works in the firm’s
field. Byrd is currently an attorney at
Momentum and Minimize Expense”
New York office, where he focuses on
Smith Moore in Greensboro, N.C.
and “Ten Steps to Harness the Power of
securitization and structured finance.
Kristen M. Calleja is currently an
Your Expert’s Knowledge,” for American
Bar Association periodicals. He and his
Leezie Kim of Quarles
associate at McGuireWoods in Richmond,
wife, Renee, welcomed their first child,
& Brady in Phoenix
Va., where she practices intellectual
Donovan Louis, on June 1.
was named in the
property litigation. She and her husband,
June issue of
Bill, have two children, Jake and Elizabeth.
Meg Cox and Brian Cox ’98 had their
Southwest Super
second daughter, Cameron, in August
Lawyers magazine as
Susan Carnell and Bill Carnell live in
2006. Cameron joins big sister Caroline.
one of the top five
Alexandria, Va., with their two children,
The family lives in Charlotte, N.C.
Mary Virginia (3) and Will (1). Bill is
assistant general counsel with Verizon
UVA Lawyer • Fall • 2007
| 73
Class
Notes
Communications in Arlington. In
commercial intermediaries that provide
position as associate corporate counsel
February, Susan started her own firm,
anti-bribery support and training.
with the American Cancer Society,
Lorenger & Carnell with Michael J.
She and her family recently moved to
Phillips has given hundreds of hours of
Lorenger ’95 in Old Town Alexandria.
the New Jersey shore and are enjoying
his time in direct representation,
The firm focuses on the representation of
life at the beach. She can be reached at
mentoring, training, and teaching
employers in all aspects of employment
gramiccioni@traceinternational.org.
community education seminars. In its
nomination of Phillips, the Atlanta
disputes.
Kelley Taylor Hearne
Volunteer Lawyers Foundation cited “his
In 2006, Benjamin Dean was promoted
has been elected
real, demonstrated passion for equal
to counsel at Pillsbury Winthrop Shaw
partner at Drinker
access to justice.”
Pittman in Washington, D.C. He is a
Biddle & Reath.
member of the global sourcing group.
Hearne is currently a
Jennifer Ramach currently resides in
member of the health
Fort Lauderdale, Fla., where she, in
Jennifer Morgan DelMonico was named
law practice group in
addition to working as an attorney for
a 2006 MS Corporate Achiever by the
Washington, D.C.,
Gunster Yoakley & Stewart, has been
National Multiple Sclerosis Society. This
where she concentrates her practice on
very active as a volunteer for the Junior
program recognizes influential leaders
transactions within the health care
League of Greater Fort Lauderdale.
who have made outstanding contributions
industry.
Having been with the Junior League for
five years, Ramach has twice co-chaired
to business, civic, and cultural
enrichment. DelMonico currently serves
Ellen Kennedy and Bob Kennedy were
the Riverwalk Run, an event that in 2007
as partner-in-charge of Murtha Cullina’s
named partners at Hogan & Hartson and
raised approximately $40,000; more
New Haven, Conn., office.
Hughes Hubbard & Reed, respectively, in
recently, she was elected vice president of
Washington, D.C. They also welcomed
finance for 2007–08.
Ned Durden lives in Charlotte, N.C.,
their third child, Matthew Bradley. They
and is a partner at WestEnd Advisors, a
continue to live in Kensington, Md.
Darla Stockton Roden and S. Mark
Roden joyfully announce the birth of
financial advisory firm there. He has been
married to Laurie for seven years, and is
After graduation, Amy Coyle Norman
their son, Henry Gordon, on December
father to “two wonderful girls, Jane (5)
worked in New York for two years
22, 2006.
and Annie (3).”
before meeting her husband, Casey, an
Englishman who’s a toy inventor and
Andrew T. Vedder has joined the law
Stacy L. Fuller has joined Kirkpatrick &
Darden alumnus. They moved to London,
department of the Northwestern Mutual
Lockhart Preston Gates Ellis as a member
where Amy continued to practice law. In
Life Insurance Company as assistant
of the firm’s investment management
2000, their first child, Zara, was born, and
general counsel and assistant secretary on
practice group in Washington, D.C.
was soon followed by two boys, Ben and
the investments-securities team. Vedder
Fuller’s focus is on serving the needs of
Jasper. Now living in the Cotswolds, Amy
previously was a senior counsel with
investment advisory firms of all sizes,
and her husband are considering raising
Foley & Lardner in Milwaukee, where he
with a particular emphasis on ETFs,
llamas.
focused on commercial lending and other
finance transactions.
closed-end funds, and funds of funds.
The Atlanta Volunteer
Andrew Gasper has left law firm practice
Lawyers Foundation
and is general counsel of the Topps
nominated Timothy
Company (baseball cards and Bazooka
B. Phillips for the
Joe bubble gum) in New York City.
H. Sol Clark Award in
Allison G. Cohen married Christopher
recognition of his pro
A. Marvin on November 4, 2006, in
bono legal work for
Washington, D.C., where the couple
the poor and
currently resides. Classmates Louise
In October 2006, Deborah Gramiccioni
and her husband, Chris, welcomed their
1998
Reunion Year
first child, Noah John, into the world. In
disadvantaged. In the past five years, as he
(Handler) Laudano and Paul Laudano
January, Gramiccioni left her position as
practiced privately with the law firm of
attended the wedding. Allison continues
assistant chief of the fraud section at the
Troutman Sanders and in his current
to run her art consulting firm, Sightline
U.S. Department of Justice to become
vice president of TRACE International,
Inc., a non-profit association of
multinational companies and their
74 | UVA Lawyer • Fall • 2007
(www.sightline.biz), on both coasts.
Class
Notes
M. Beth Colling was named managing
Lisa C. Hamasaki of Miller Law Group
joins his older brother, Dawson, who just
attorney for the nuclear operations
served on the advisory committee of the
turned three and cannot believe he has to
division of BWX Technologies in
California Diversity Council to organize
share the limelight with someone else.
Lynchburg, Va. Colling currently resides
the council’s first annual California
in Forest, Va., with her husband, Ken, and
Diversity and Leadership Conference,
three children, Mackenzie, Dani, and Jack.
held September 20 and 21. The event
featured actress Geena Davis and
Brian Cox and Meg Cox ’96 had their
millionaire businessman Chris Gardner
second daughter, Cameron, in August
as keynote speakers.
2006. Cameron joins big sister Caroline.
The family lives in Charlotte, N.C.
Justice Randy J. Holland (LL.M.) of
the Supreme Court of Delaware has
The North Carolina
been selected to receive the prestigious
Bar Association
American Inns of Court’s 2007 A.
Thomas McCarthy and Sandra
honored Brian D.
Sherman Christensen Award for
Farrington ’99 were married on April 21
Darer as a “Citizen
leadership and commitment. The award
in Washington, D.C. Many Law School
Lawyer” at its annual
ceremony will be hosted by Justice
friends attended the ceremony, including
meeting in Asheville
Samuel A. Alito, Jr., at the United States
Stephen Propst, Andrea (Becker) Looney,
in June. Darer is a
Supreme Court. The American Inns
Meg (Gibbs) Cox ’96, Ned Scharfenberg,
partner with Parker
of Court Foundation is a mentoring
Todd Tidgewell, Tracey (Drohan)
Poe Adams & Bernstein in Raleigh. He
organization working to improve the
Tidgewell, Brian Cox, Alexis Goltra,
was selected as a Citizen Lawyer for his
skills, professionalism, and ethics of the
Laura (Schuler) Hagedorn, William
community service activities, including
bench and bar.
Hagedorn, Geoffrey Eaton, Joshua
Klatzkin ’99, Tamer Soliman ’00, Carine
his long-term involvement with Second
Chance Pet Adoptions, a no-kill animal
Brian S. Johnson has
Saddy ’99, Tyler Duvall, Leila Kashani
rescue group in the Triangle area, where
joined Williams
’01, Andrea (Cummings) Duvall, Ann
he has been a member of the board of
Mullen as a partner in
Donohue ’99, and Vijay Shanker ’99.
directors since 2000 and currently serves
the firm’s corporate
as president. Darer also spent two years as
finance and securities
Paul McCoy lives with his wife, Mary
a member of the board of trustees for the
practice in
Kay, and their border collie, Bula, in
National Multiple Sclerosis Society for the
Charlottesville.
Berkeley, Calif. The couple lives one hour
Eastern North Carolina chapter. Darer is
Johnson’s practice
from Napa, one hour from the beach,
a member of Parker Poe’s litigation
focuses on business formations and
three hours from Tahoe, and just over the
department and focuses his practice in
financings, mergers and acquisitions, and
bridge from San Francisco. “Life is good.”
the areas of construction law, bankruptcy,
other general business matters.
reorganization, and creditors’ rights
Seth H. Kramer and his wife, Ilana,
issues.
1999
welcomed their first son, Ryan Gaine,
William Hagedorn
on December 24, 2006. Kramer and his
Stephanie Chandler
has joined the
family reside in Wilmington, Del., where
was named a 2006
Portland, Maine,
he has recently joined Potter Anderson &
Rising Star, as voted
office of Preti Flaherty
Corroon in their business practice group
on by the state’s Super
and will practice in
and practices in the area of alternative
Lawyers, in Texas
the litigation group.
entities.
Monthly magazine.
He will focus on
Chandler is a partner
complex commercial
Coates Lear recently left Hogan &
litigation and international and domestic
Hartson’s Denver office to accept a
transactions section of the San Antonio
arbitration matters. He was previously in
position as an enforcement attorney with
office of Jackson Walker.
the Washington, D.C., office of
the Denver regional office of the U.S.
McDermott Will & Emery.
Securities and Exchange Commission. He
in the business
and his wife are happy to report the recent
arrival of their second child, Porter. Porter
UVA Lawyer • Fall • 2007
| 75
Class
Notes
2001
Major Rich DiMeglio is assigned to 4-25
Eric Merriam is in the Air Force JAG
BCT at Fort Richardson, Alaska, and
Corps and is assigned to the Pentagon.
deployed to Iraq with his unit in October
He lives in Alexandria, Va., with his wife,
Nina Allen married Kenneth Blackshear in
2006. His family resides in Eagle River,
Charlotte, and daughter, Marissa.
September 2006 in Philadelphia. After their
Alaska.
honeymoon in Mexico, the couple “settled
Tampa attorney Mark
down to beautifying our new house and
Bart Epstein and his wife, Bethany,
P. Rankin was
helping our (step)son survive third grade.”
celebrated the birth of twin sons,
appointed editor in
Malcolm and Alexander, on March 7.
chief of the American
Joseph Asaro became an associate at
Bar Association’s
Riker Danzig Scherer Hyland & Perretti.
Sandra Farrington and Thomas
Criminal Litigation
Asaro practices in Riker Danzig’s labor
McCarthy ’98 were married on April 21
Committee
and employment group as a commercial
in Washington, D.C. Many Law School
publication Criminal
litigator.
friends attended the ceremony, including
Litigation. Rankin was also elected to the
Stephen Propst, Andrea (Becker) Looney,
board of directors of the National
Cordel Faulk has been named commentary
Meg (Gibbs) Cox ’96, Ned Scharfenberg,
Association of Criminal Defense Lawyers
editor of the Richmond Times-Dispatch.
Todd Tidgewell, Tracey (Drohan)
at its annual meeting in August. He is in
Tidgewell, Brian Cox, Alexis Goltra,
the white-collar crime and government
David Sirolly and his wife, Kendra,
Laura (Schuler) Hagedorn, William
investigations practice group at Carlton
announce the birth of twins—Caroline
Hagedorn, Geoffrey Eaton, Joshua
Fields. Previously, he was an assistant
Joy and Brett William—on September 2.
Klatzkin ’99, Tamer Soliman ’00, Carine
federal public defender and served as trial
Saddy ’99, Tyler Duvall, Leila Kashani
and appellate counsel to criminal
McKenzie Webster was named one of 15
’01, Andrea (Cummings) Duvall, Ann
defendants charged with offenses
“Up and Coming Lawyers” for 2007 by
Donohue ’99, and Vijay Shanker ’99.
involving fraud, drugs, firearms, and
Massachusetts Lawyers Weekly. Webster
immigration matters.
earned recognition for her successes in
Kenneth P. Kansa was named partner at
Sidley Austin. Kansa works in the firm’s
Chicago office, where he focuses on
white-collar criminal defense, including
one of Massachusetts’ largest criminal
2000
health care fraud cases, U.S. v. Bruens, in
corporate reorganization and bankruptcy.
which Webster defended a pharmaceutical
Michelle C. Roberts
sales executive accused of knowingly
Stephen Keeley has joined Crowe Chizek’s
has joined Stradley
violating federal anti-kickback laws. In
Oak Brook, Ill., office as senior counsel.
Ronon Stevens &
Massachusetts Lawyers Weekly, Webster
Keeley, along with wife and former
Young as an associate
likened her criminal defense work to
classmate, Jennifer (Crimmins) Keeley,
in their investment
the American civil rights movement, as
recently welcomed a son, James Michael,
management/mutual
she explained, “The criminal world as a
to the family, which already includes two
funds practice group.
defense attorney is civil rights in a way.
daughters. James is also the grandson of
Rosemary and Michael Crimmins ’64.
You are trying to defend people from
Haramol “Neil” Sandhu has launched
having their rights taken away.” Webster
HireTrade, an online resource site devoted
currently works as an associate with
City Hall News, a newspaper that covers
to hiring legal professionals, including
Mintz, Levin, Cohn, Ferris, Glovsky and
the people and issues that shape New
lawyers, law firms, contract attorneys, and
Popeo’s litigation section.
York City, named Chad Marlow to its
paralegals. The site, www.hiretrade.com,
Rising Stars: 40 under 40 list (the top 40
hopes to better competitors by employing
individuals in city politics who are under
its unique hourly value ratings system
the age of 40). Two years ago, Marlow
aimed at ensuring that clients get the
founded The Public Advocacy Group, an
best service for their money from the
Elizabeth C. Curtin and her husband,
office in demand for lobbying, consulting,
professionals they hire.
Denis, welcomed their second son, Liam
and public relations services.
James, on November 2, 2006. Curtin
Jacqueline Yount and Christopher Ferrell
is an associate in the products liability
were married on June 2, in Charlotte,
and mass tort litigation group at Sidley
N.C. Jacqueline practices employment law
Austin’s Chicago office.
with Hunton & Williams in Charlotte.
76 | UVA Lawyer • Fall • 2007
2002
Class
Notes
Matt and Neely Fedde announce the
Scot Fishman was recently appointed by
Kristoffer B. Shepard, an attorney
birth of Jack Ethan on October 4, 2006.
the chairman of LeBoeuf Lamb Greene
with Robinson, Bradshaw & Hinson in
He joins brother Sam (6) and sister
& MacRae to serve as the firm’s manager
Charlotte, N.C., was recently elected to a
Natalie (4). Neely is a business and ERISA
of corporate social responsibility. The
three-year term on the board of directors
litigation associate at Shook, Hardy &
responsibilities include administering the
of Legal Aid of North Carolina. He will
Bacon in Kansas City, Mo.
firm-wide pro bono efforts, community
serve as representative from the 26th
service projects, and an environmental
Judicial District, Mecklenburg County.
Meltem Kodaman and her husband,
awareness program.
Shepard maintains a pro bono
practice through the Volunteer Lawyers
Cameron Prell, welcomed their baby boy
into the world on May 24. The couple
Laura (White) Larkin and her husband,
Program of the Mecklenburg County
named their son Aydin Rhys Prell.
Joe, welcomed their daughter, Sydney
Bar and Legal Services of the Southern
Helen, on May 15. Larkin recently
Piedmont. He serves on the Public
Elisabeth Polzin Long is a legislative
returned to her work part time as
Service Advisory Committee of the N.C.
analyst for the research department of
assistant counsel for the U.S. Navy’s
Bar Association and on the Bar 2010
the Minnesota House of Representatives,
Office of General Counsel at Space and
Committee of the Mecklenburg County
where she drafts bills and amendments
Naval Warfare Systems Command in
Bar. He also works on the exhibits
and engages in policy research for all 134
San Diego. She works in the acquisitions
programs and collections committee of
members of the Minnesota House. Long is
section supporting the Navy’s purchase of
the Levine Museum of the New South.
currently on a leave of absence, following
satellite and communications systems and
the birth of her daughter, Annabel
enjoys afternoons with Sydney.
Craig Story has joined the mergers and
acquisition investment banking group at
Elisabeth, on November 22, 2006.
Citi Global Investment Banking in New
Michael McCann was hired as a columnist
York. Prior to joining Citi, Story practiced
by SportsIllustrated.com, where he will be
law in the corporate finance and mergers
writing a regular column, “Sports and
and acquisitions groups at Skadden, Arps,
the Law.” In addition, McCann will serve
Meagher & Flom, in both New York and
as a resident sports law expert for Sports
London.
Illustrated and SI.com stories.
2004
William Poynter and Cameron Reeves
Poynter had their first child, John “Jack”
Bolling, on November 21, 2006. Jack
Ruth Ma married Benjamin Swilling at
Brian C. Barry has
already has a closet full of Virginia gear,
Park Street Church in Boston. The bride
joined Choate Hall &
and attended his first UVA football game
currently serves as vice-president and
Stewart’s litigation
this fall.
assistant general counsel in the
department in Boston.
innovation division of Cantor Fitzgerald,
Barry continues to
Nykia Jordan Wilson and Rai Wilson
while the groom works as a robotics
focus his practice on
welcomed their first child, Jack Freeman,
engineer for Boston Dynamics. The
major commercial
on July 28, 2006. The family resides in the
couple resides in Charlestown, Mass., and
and government-
San Diego area.
would love to hear from old friends!
related litigation.
2003
Allgaier on July 27 in Morristown,
Reunion Year
Derek Schoenmann married Lisa Marie
N.J. Allgaier is a school psychologist.
President Bush recently named John D.
Schoenmann is an associate at Willkie
Adams associate counsel to the president.
Farr & Gallagher in New York. The couple
Adams was formerly an associate at
lives in Hoboken, N.J.
Hunton & Williams. He also served as
clerk to Justice Clarence Thomas on the
United States Supreme Court.
WANTED:
A few good annual giving
volunteers
Join the Law School’s volunteer team.
Contact Helen M. Snyder ’87
helensnyder@virginia.edu
434-924-4668
UVA Lawyer • Fall • 2007
| 77
Class
Notes
Tyler Kidd is corporate counsel at
Zhuang Miao (LL.M.) has recently
students at China’s Qinghua Law School
Carmax Auto Superstores in Richmond,
published a book on American
and is acting as an adjunct professor in
Va. He completed the Boston Marathon
corporation law through China Law
three leading Chinese law schools.
in April.
Press, China’s foremost law publishing
house. Miao credits Law School Professor
Leland Miller has been elected a term
Scott B. Luftglass joined the litigation
Michael Dooley as a major inspiration in
member of the Council on Foreign Relations.
department of Davis Polk & Wardwell in
writing the book. Miao is now teaching
Miller is currently a corporate associate with
New York in February. He was formerly
Chinese corporation law to foreign
Sidley Austin in New York City.
with Wachtell, Lipton, Rosen & Katz. Legal Outsourcing
by Alexei Pfeffer-Gillett
The concept of outsourcing is nothing new. In certain
fields, outsourcing has been the standard for decades. The legal
profession, though, has yet to follow in this trend, continuing
to rely almost exclusively on intra-national labor. Classmates
Hiren Patel ’03 and Aaron Lawler ’03 are betting that is about
to change.
In 2006, the Law School alums co-founded Aphelion Legal,
a legal process outsourcing (LPO) company based in Houston,
Tex. with an offshore office in India. Aphelion employees in
India are responsible for reviewing a broad range of documents,
specifically regarding large-scale discovery projects that can
generate overwhelming amounts of material. Though the two
considered other countries, according to Patel, India quickly
From left, business partners Hiren Patel ’03, Kuna Patel, and Aaron Lawlor ’03
started Aphelion Legal Solutions.
became the “clear choice” because of its low wages, and, unlike
many other developing countries, India uses a common law
system written and practiced in English which is similar to
in a rural area in the State of Gujarat. Muni Seva operates an
American law. Patel also cites the time-zone difference as a
emergency hospital, a cancer center, a home for the mentally
benefit. Business hours in India are essentially the opposite of
challenged, an orphanage, and a retirement home. Lawlor and
those in the U.S. Thus, document reviews are carried out in India
Patel have both committed their own time to this organization,
during non-business hours in America creating a cyclic, around-
while donating a portion of Aphelion’s profits and encouraging
the-clock work day.
client companies to get involved.
For Patel and Lawlor, the future seems bright for the
Aphelion trains its professionals by presenting an overview
of American law, focusing on interactive activities like case
growth of legal outsourcing. Patel predicts that “in the next 5 to
studies. On top of that, employees are given more focused
10 years there will be significant change in U.S. business model”
training tailored to whatever job they are working. While
citing the high wages currently paid to American paralegals
American lawyers are still integral to the legal process, Patel
asserts that tasks like reviewing emails can be done just as well
and for much less money from thousands of miles away.
Patel and Lawlor also hope to promote better living
as unsustainable in the long term. In the future, Patel asserts,
“companies are going to want to know that their document
review is being done in the most efficient and cost-effective
way possible.” Patel and Lawlor are confident that the solution
standards in India. Aphelion has associated itself with Muni Seva
lies in legal outsourcing and that Aphelion will be leading the
Ashram, an organization which provides a number of services
way.
78 | UVA Lawyer • Fall • 2007
Class
Notes
Lieutenant Breier Scheetz is stationed
coordinating efforts to solve problems in
in the Kingdom of Bahrain. Scheetz
housing, education, and finances that
is serving in the Navy JAG Corps, and
continue to trouble Katrina survivors.
is the sole prosecutor for Navy Region
Will Tysse and his wife, Jill, welcomed
Southwest Asia.
their daughter, Ella Rosemary, on
Allison Berger Tiller
November 22.
was hired in
September to become
the first full-time
2005
Tonya R. Noldon and Tshaka C. Randall
Hurricane Katrina
are happy to announce that they became
project director for
Katie Bagley is finishing a detail as a
engaged May 31. They recently moved to
Appleseed, a nonprofit
special assistant U.S. attorney at the
network of public
D.C. U.S. Attorney’s Office, prosecuting
Harrisburg, Pa., where Tshaka will teach
property and education law at Widener
interest law centers in the United States
domestic violence cases, after which
Law School. Tonya completed a federal
and Mexico. She will be based at the New
she’ll return to the criminal enforcement
clerkship in the Southern District of
Orleans office of Adams and Reese. Tiller
section at the U.S. Department of Justice
Texas before moving to Harrisburg with
will provide support for collaborative
tax division.
Tshaka. The couple is planning a summer
projects at Appleseed centers in
2008 wedding.
Louisiana, Alabama, Texas, and Georgia,
Creating a Human
Board Game
In response, Hashmi designed
“Find a Legal Way to Immigrate” to
reflect an immigration situation which
by Alexei Pfeffer-Gillett
is far more complex than a simple
game of tag. Instead, Hashmi’s game
When FerzAina Hashmi ’04
is meant to inform and educate the
graduated law school and took on a
public on broken immigration laws
6-figure job at a New York City law firm,
she did not necessarily envision herself
one day creating a human board game,
Outraged by the news of a game of tag devised by
a NYU student organization dubbed, “Find the Illegal
Immigrant,” Des Moines lawyer Ferzana Hashmi
created a game of her own.
obstacles along the way, such as
though, did just that at her firm’s one-year
After her fiancé accepted professorship at Iowa State
immigrate legally to the United States
within 10 years. After facing various
much less in the rural Midwest. Hashmi,
anniversary celebration on a summer afternoon in Iowa.
and their effects on immigrant families.
Contestants in the game compete to
detention and death, about one third of the contestants will
accomplish the goal of reuniting with their families and gaining
University, Hashmi left New York, founding the Hashmi Law
citizenship. According to Hashmi, “When people roll the dice
Firm in Des Moines, which deals with immigration cases.
and see that one-third die at the border, one-third go to jail and
Though no longer a New-Yorker, Hashmi was outraged when
the other third sneak in, you get it.” The event was well-received,
news came of a game of tag devised by New York University’s
drawing about 100 players and onlookers as well as making
Republican student organization dubbed, “Find the Illegal
positive press in local newspapers.
Immigrant.” In the game, which Hashmi describes as a
“simplistic, racist example of anti-unity,” players were divided
Hashmi continues to work as an activist for immigration
reform not only in her legal practice, but also through groups
into two sides—immigration officers and illegal immigrants—
like LUNA (Latinas Unidas por un Nuevo Amanecer), of which
and put on a cops-and-robbers-esque production of U.S.
she is a board member, and the Iowa AIR (Allies for Immigration
immigration law.
Reform).
UVA Lawyer • Fall • 2007
| 79
Class
Notes
Jason Binder is joining Roberts &
Arthur Koski-Karell was commissioned
Molly Crall and Jonathan Light became
Holland as an associate in New York
a second lieutenant in the Marine Corps
engaged on December 18, and were
City. Roberts & Holland is the largest tax
under the National Call to Service program
married in the UVA Chapel in September.
boutique in the country.
and is serving as an infantry platoon
commander with 2nd Battalion, 7th
Katherine and John Gowel’s second son,
Marines, based in Twentynine Palms, Calif.
Samuel Scott, was born on June 5. He has
a big brother, Matty (3), “who was born
Alexandra H. Machinist writes that
during 1L year!”
she has left her practice at Akin Gump
Strauss Hauer & Feld to pursue her dream
Won Seok Kwak (LL.M.) and Leah Kwak
of becoming a literary agent and has
were married at the Korean Church at
since joined Linda Chester and Associates
Northbrook in Chicago on March 31.
Literary Agency as the East Coast
He finished his internship at Susman &
associate.
Associates and joined Jay H. Chie Law
Adam J. Greene married Nicola Leventhal
Office in Chicago as a legal assistant in
on May 12 in Charleston, S.C. Among the
Pete Patterson is a second-year associate
many fellow ’Hoos present were Paul
at White & Case in New York City.
Stroka, T.J. Voboril, Scott Pluta, Rob
Patterson specializes in intellectual
Ignacio Salvarredi (LL.M.) finished his
Boller, and Steve Kaplan. Also attending
property and commercial litigation.
internship with Cleary Gottlieb Steen &
were Hill Hardman, John Hardman,
He occasionally makes it back to
Hamilton in May. In September, he joined
John Hyman, and Chris Hayes ’06. After
Charlottesville and “finds it hard to
Fortunati & Asociados, an Argentine law
a honeymoon in Bora Bora, Adam and
leave.”
firm in Buenos Aires, as an associate,
where his focus is on corporate and
Nicky will reside in Charlotte, N.C., where
Adam is employed by Moore & Van Allen.
March.
2006
finance law.
Audrey Wagner has been working at
Joshua C. Johnson
has joined Gentry
Lindsay Buchanan and Josh Burke
Dechert in Washington, D.C., in the
Locke Rakes & Moore
were married September 8 at Kluge
firm’s financial services department. In
as an associate in the
Estate Vineyard in Charlottesville. Mike
November of 2006, she completed her first
firm’s commercial
Buchwald, Tom Lerdal, James Tysse,
marathon, and in June ran her second.
litigation practice
Andy Spital, Lee Kolber, Jen Cleary,
Helping Wagner train is a three-year-old
group in Roanoke, Va.
Molly Cummins, and Sarah Marks were
black Labrador retriever, Maggie.
members of the wedding party.
Diego Blanco Carrillo (LL.M.) has joined
Skadden, Arps, Slate, Meagher & Flom as a
foreign associate in their New York office.
80 | UVA Lawyer • Fall • 2007
In
Memoriam
Charles Shepherd Nowlin ’34
Lynchburg, Va.
July 6, 2007
James L. Kaler ’40
Wilmington, N.C.
March 31, 2007
Daniel W. Oehmig ’48
Lookout Mountain, Tenn.
June 10, 2007
William N. Leonard ’36
McLean, Va.
May 3, 2007
William A. Dickinson ’41
Roanoke, Va.
August 26, 2007
H. Joel Watkins ’48
Seattle, Wash.
May 22, 2007
Harold C. Stuart ’36
Jensen Beach, Fla.
June 25, 2007
Robert M. Backes ’42
Sanibel, Fla.
April 30, 2006
John R. Campbell ’49
Washington, D.C.
November 9, 2006
Spencer S. Berger ’37
Skaneateles, N.Y.
July 16, 2007
John S. Burd, Jr. ’42
Monterey, Calif.
August 13, 2007
Charles Maechling, Jr. ’49
Washington, D.C.
June 23, 2007
Matthew H. Ross ’37
Scarsdale, N.Y.
February 21, 2003
Honorable Harold H. Purcell ’42
Louisa, Va.
July 14, 2007
Jacquelyn McKenzie Rainwater ’49
Bennettsville, S.C.
March 12, 2007
Lambert T. Boyd, Jr. ’38
Greenville, S.C.
October 14, 2005
Elliot Wilson Butts, Jr. ’46
Jacksonville Beach, Fla.
May 1, 2006
William F. Scannell ’49
Aurora, Ill.
September 3, 2007
A. C. Epps ’38
Richmond, Va.
March 17, 2004
Honorable Robert Kay Woltz ’46, LL.M. ’47
Richmond, Va.
March 22, 2007
Robert M. Steptoe ’49
Martinsburg, W.Va.
June 2, 2007
Jerome M. Kohn ’38
Billings, Mont.
March 28, 2007
Donald L. Albion ’47
Cape Coral, Fla.
May 12, 2007
William M. Stull ’49
Sacramento, Calif.
October 20, 2006
Andrew K. Leake ’38
Richmond, Va.
January 18, 2006
Richard A. Bishop ’48
Alexandria, Va.
April 6, 2007
Orin E. Atkins ’50
Dallas, Tex.
March 23, 2007
Howard W. Rhodes, Jr. ’38
Lynchburg, Va.
March 19, 2007
John W. Carter ’48
Danville, Va.
February 9, 2004
Bowie K. Kuhn ’50
Ponte Vedra Beach, Fla.
March 15, 2007
Thomas P. Smith, Jr. ’38
Alexandria, Va.
July 20, 2005
Walter L. Devany III ’48
Philadelphia, Pa.
May 30, 2007
Richard Stanley Friedman ’51
Tucson, Ariz.
April 8, 2007
William P. Bagwell, Jr. ’39
Richmond, Va.
August 20, 2004
Roby G. Janney ’48
Luray, Va.
April 29, 2007
Lewis A. Martin, Jr. ’51
Charlottesville, Va.
July 20, 2007
John F. Catterton ’39
Richmond, Va.
January 10, 2006
Alexander C. Leonard ’48
Middlebury, Vt.
March 8, 2007
Thomas H. Farrow ’52
New Market, Va.
August 6, 2007
William Patrick Murphy ’48
Chapel Hill, N.C.
September 29, 2007
Richard S. Pendleton ’52
Madison Heights, Va.
February 8, 2007
UVA Lawyer • Fall • 2007
| 81
in
Memoriam
Gordon R. Raynor ’53
Hamden, Conn.
March 1, 2007
J. Jay Corson IV ’60
Oakton, Va.
March 27, 2007
John Joseph Driscoll ’68
Worcester, Mass.
March 19, 2007
Ronald D. Williams, Sr. ’54
Easton, Conn.
June 8, 2007
Richard M. McCostis ’60
Ludlow, Vt.
July 3, 2007
Kenneth L. King ’68
Gainesville, Fla.
March 20, 2007
Bernard B. Ballance ’55
Naples, Fla.
August 26, 2007
Charles Chancellor Wentworth II ’60
Newport News, Va.
August 4, 2007
J. Rush Barnes ’72
New York, N.Y.
Edward R. Willcox, Jr. ’55
Norfolk, Va.
May 2, 2007
Robert B. Wiles ’60
Harrisonburg, Va.
April 3, 2007
Jerry L. Cowan ’56
Cincinnati, Ohio
August 6, 2007
Honorable Harry G. Lawson ’61
Appomattox, Va.
July 8, 2007
Malcolm L. McConnell ’56
Palm Desert, Calif.
October 3, 2006
D. Kent Beals ’62
Atlanta, Ga.
June 6, 2007
Peter W. Runkle ’56
Richmond, Va.
March 15, 2007
Thomas E. Crosley, Jr. ’63
Jupiter, Fla.
September 23, 2004
Honorable David D. Brown ’57
Abingdon, Va.
May 30, 2007
James O. Watts III ’65
Atlanta, Ga.
June 13, 2007
Charles R. Jones, Jr. ’57
Arlington, Va.
July 22, 2007
George T. Abernathy, Jr. ’66
Augusta, Ga.
December 26, 2006
William F. Gardner ’59
Birmingham, Ala.
May 15, 2007
Samuel A. Garrison III ’66
Roanoke, Va.
May 27, 2007
Elizabeth E. Parrigin ’59
Columbia, Mo.
Stephen C. Hansen ’66
Pittsburgh, Pa.
August 21, 2007
Richard G. Vail ’59
Southbury, Conn.
May 31, 2007
Robert H. Washer ’59
New York, N.Y.
May 15, 1998
Stephen C. Willard ’59
Charlottesville, Va.
March 23, 2007
82 | UVA Lawyer • Fall • 2007
Stuart F. Carwile ’67
Glen Allen, Va.
April 16, 2007
Walter Parrs, Jr. ’67
Memphis, Tenn.
September 5, 2007
Christian S. White ’73
Highland Springs, Va.
January 11, 2006
William D. Ferguson ’75
Norcross, Ga.
March 29, 2006
Joseph D. Selby ’75
Cheyenne, Wyo.
April 20, 2007
Catherine Blackwell Tackney ’76, LL.M. ’86
Baltimore, Md.
July 1, 2007
Robert J. Buckalew ’78
Anchorage, Alaska
July 31, 2007
Jennifer W. Engelhardt ’81
Batavia, Ill.
September 22, 2007
Honorable Jack Bertram Coulter LL.M. ’84
Roanoke, Va.
September 13, 2007
Robinson K. Nottingham, Jr. ’86
Washington, D.C.
July 18, 2007
Honorable Adrian G. Duplantier LL.M. ’88
Covington, Va.
August 15, 2007
Honorable Robert W. Page LL.M. ’92
Pennsauken, N.J.
July 28, 2007
In Print
NON FICTION
The Complete Guide to Sarbanes-
a grassroots campaign against corporate
Oxley answers in nontechnical language
America’s sponsorship of one of pop
The Complete Guide to SarbanesOxley: Understanding How
Sarbanes-Oxley Affects Your
Business
questions regarding the act and poses
music’s biggest and most profane rap stars,
potential solutions for businesses as well as
and torpedoed the amnesty bill that would
attorneys. The book takes a less technical,
have granted instant legal status to millions
more understandable approach to the act,
of illegal aliens.
Stephen Bainbridge ’85
while still involving heavy analysis and
Adams Media
practical information.
The Sarbanes-Oxley Act is considered
And for the first time, Ingraham also
reveals how she found her faith during a
Bainbridge is the William D. Warren
moment of deep loss, along with poignant
by many to be the most significant change
Professor of Law at UCLA, where he
details of her year long battle with breast
in corporate governance and securities
currently teaches Business Associations,
cancer. In Power to the People, she holds
regulations in the past 70 years. The
Unincorporated Business Associations, and
back nothing, and takes the fight beyond
requirements laid out under the act have
Advanced Corporation Law. In past years,
Right versus Left to show you how to
brought about far-reaching changes for
he has also taught Corporate Finance,
reclaim the culture and win.
public corporations, private corporations,
Securities Regulation, Mergers and
and nonprofits.
Acquisitions, and seminars on corporate
American people to take back the phrase
governance.
“Power to the People.” Chapters cover most
The Complete Guide to Sarbanes-
In the book, Ingraham calls on the
of today’s hot button topics — the war in
Oxley: Understanding How Sarbanes-Oxley
Iraq, homeland security, the judiciary, the
Affects Your Business targets business
practitioners. When
Power to the People
news media, and global warming — with
the Sarbanes-
Laura Ingraham ’91
attitude and conviction. From Publisher’s
Oxley (SOX) act
Regnery Publishing
Weekly, “Fans of her… radio show should
was passed by
In Power to the People Laura
be pleased to find more of the same here.”
Ingraham is host of her own
Congress in 2002, it
Ingraham provides a riotous, take-no-
established enhanced
prisoners journey through our besieged
syndicated radio show, heard coast to
reporting standards
culture and gives us a battle plan to
coast each day on the Talk Radio Network.
for most publicly
re-make it anew, the way the Founders
Author of the New York Times bestseller
held corporations.
intended — strong, patriotic, pro-family,
Shut Up & Sing, Ingraham is a frequent
By the end of 2008,
and unapologetically God-fearing. Part
political and cultural commentator on
the SOX legislation will be applied to
exposé, part practical manifesto, Power
television.
more than 13,000 smaller, publicly-held
to the People is written in the style of
corporations originally held exempt.
Ingraham’s fast-paced, no excuses, action-
smaller companies will now be exposed
tales of her own
The Art of Woo — Using Strategic
Persuasion to Sell Your Ideas
to audits and reviews, and will also be
struggle to right
G. Richard Shell ’81 and Mario Moussa
required to make their profits, losses, and
the culture and
Portfolio
compensation packages public. Sorting
the politics of our
through the complicated language, The
country: including
people are not always the ones with the
Complete Guide to Sarbanes-Oxley answers
how she derailed
best ideas but, rather, the ones who have
questions like: How do companies comply
the appointment
mastered the sell. The great leaders and
with SOX? How does SOX affect relations
of Harriet Miers
business people of our day have been the
within the firm? Should a company go
to the Supreme
ones capable of communicating their ideas
private to avoid SOX?
Court, mounted
and goals and getting others to believe
Under the expanded SOX legislation,
oriented radio show, weaving in personal
In business, the most successful
UVA Lawyer • Fall • 2007
| 83
In Print
and Pittsburgh, and on the deceptively
in them. The “woo,” as it is called by the
Andi Silverman became a mom in
book’s authors, is “two parts art and one
September 2004 and had another child
quiet campuses of Lawrence, Kansas, and
part science.”
just 10 months later — before she had
Ann Arbor, Michigan.
To shed light on just what exactly the
stopped breast feeding the first. Since April
Stuckey’s enthusiasm for travel
woo is, Shell and Moussa, both Wharton
2006, Silverman has
and adventure led him to accept an
faculty members, offer a self-assessment to
operated an internet
international business development
help readers determine which persuasion
blog writing about
position with a firm in Budapest, Hungary,
role fits them best and how to make the
her own experiences
where he expects his lifelong passions for
most of natural strengths. The book
in motherhood and
movies, milkshakes, and the Michigan
also comes replete with vivid stories
offering helpful
Wolverines to continue unabated.
from the authors’ personal experiences
tips to other moms.
advising thousands of leaders, as well as
Mama Knows
stories about famous people like John D.
Breast follows the
Military Justice: Cases and Materials
Rockefeller, Andrew Carnegie, Andy Grove,
humorous, open-minded approach to
Dwight H. Sullivan ’86 with Eugene R.
and Bono.
breast feeding which made Silverman’s
Fidell and Elizabeth Lutes Hillman
blog a hit with frank advice and fun
LexisNexis
The challenge of the woo, according
to the authors, is
illustrations, all backed up by scientific
in balancing the
facts. The book opens with a forward by
engages the key issues and fundamental
“self-oriented”
pediatrician Dr. Stephanie Freilich.
challenges of military justice. The high
perspective,
Renee Trudeau, writer of the blog
Military Justice: Cases and Materials
profile of military justice, combined
which focuses on
“The Journey” described Mama Knows
with the difficult and fundamental legal
the persuader’s
Breast as “fun to read, attractive to look at
issues raised by the military commissions,
credibility and
and packed with “real life” tips, resources
suggests that military courses will now be
point of view, and
and “how to” information on nursing that
in great demand. This casebook provides
the “other-oriented”
acknowledges breastfeeding isn’t always as
the text for such a course. Its coverage of
perspective, based
easy as it looks.”
the U.S. court martial and other national
on the audience’s needs and perceptions.
Silverman currently lives in New York
and international systems of military
Robert Wolf, chairman & CEO of
City with her husband and sons. She blogs
criminal law provides a framework
UBS Group Americas, calls the book
at www.mamaknowsbreast.com.
through which students can explore the
“fascinating” and “essential reading for
role and operation of military justice
anyone trying to get head of the pack in
our competitive, global marketplace.”
Shell is director of the Wharton
School of the University of Pennsylvania
within a democratic society. The book
Book of Beginnings
illuminates the interconnectedness of
David A. Stuckey ’01
military justice systems through a farranging collection of judicial opinions,
Robertson Publishing
executive negotiation workshop and is a
Book of
statutes, regulations, commentaries, and
professor of legal studies, business ethics,
Beginnings is
and management. He previously authored
a collection
the award-winning book, Bargaining for
of humorous,
gives teachers a new and powerful tool to
Advantage.
poignant, and
introduce students to military law while
entertaining
deepening their understanding of criminal
autobiographical
law and procedure, comparative law,
stories from
international law, constitutional law, and
Mama Knows Breast — A Beginner’s
Guide to Breastfeeding
David Stuckey’s
childhood. The
Andi Silverman ’96
Quirk Books
Breast feeding may be natural, but it
stories are “narrative prose poems,”
snapshot glimpses of events, emotions, and
certainly is not easy. Mama Knows Breast
people that, for various reasons, resonated
helps new mothers through the often
with Stuckey.
complicated and confusing stage of breast
The stories capture, in scenes of
feeding. From baby positioning to breast
heartbreaking drama, Stuckey’s struggle
feeding etiquette, the book is a hip, savvy
to maintain his idealism and hope on the
guide essential for the modern family.
mean streets of West Berlin, San Francisco,
84 | UVA Lawyer • Fall • 2007
scholarship.
Military Justice: Cases and Materials
In Print
democratic governance. At a time when
“When Baldacci is on fire, nobody
On the Lip
the tempo of military operations around
can touch him, and this is an exhilarating
Jerry Cox ’79
the world seems to increase constantly,
thriller: fast paced, with a cast of engaging
Touching Covers, Inc.
when high-profile courts-martial dominate
characters, a couple of mind-wrenching
the headlines, and when challenges to
plot twists, and a general air of derring-do
invented a radical new way to predict
the legitimacy of military justice abound,
that keeps the proceedings from getting too
every web surfer’s next move. He dreams
this book delves into the middle of the
heavy. Let’s hope this isn’t Oliver Stone’s
of megabucks, but government agents
conflicts to give students and teachers
last appearance,” says Booklist.
alike unprecedented access to worldwide
Brainy Bostonian Fred Hanson
want to hijack his
Baldacci recently travelled to Ireland,
Internet startup
England, Holland, and France to promote
and use it for
his previous book, Simple Genius, as well
domestic spying.
Maryland, and works for the Air Force
as to research travel itineraries for an
The only person
doing death penalty defense appellate
upcoming spring 2008 novel. Find tour
Fred can count
work.
dates and locations, as well as chapters and
on is Tom Rey,
excerpts at www.davidbaldacci.com.
a college surfing
military justice.
Sullivan now resides in Arnold,
buddy with a
history of rescuing
Fiction
Stone Cold
Patriot’s Reward
Fred. Just as the business gets ready to
Stephen Clarkson ’62
launch, jealous competitors, desperate
Peter E. Randall Publisher
lawyers, seedy Washington power brokers
The time is 1755, more than 100
David Baldacci ’86
Grand Central
David Baldacci’s newest thriller, Stone
Cold, is a follow-up to his bestselling work,
and a predatory financial reporter send the
years before the American Civil War. The
young entrepreneurs straight for “the lip,”
place, the British royal province of New
that crucial spot where an ocean swell ends
Hampshire. During the next 35 years, the
and a wave begins.
According to New York Times best-
The Collectors. Readers will again follow
white residents
Oliver Stone and the Camel Club, back for
of this northern
selling author Dennis Wholey, On the Lip
their most dangerous adventure yet.
region will have
is “a spellbinding peek inside an overnight
their freedom
tech sensation, not unlike Google or
Collectors is hunting Annabelle Conroy
challenged, take up
YouTube.”
who conned him out of millions. Stone
arms to preserve it,
and his colleagues Reuben, Milton, and
and, along with the
in Northern Virginia’s Dulles Technology
Caleb marshal all
12 other Atlantic
Corridor, where On the Lip is set.
their resources to
seaboard colonies,
Casino king Jerry Bagger from The
Cox advises technology companies
seek to establish
protect Annabelle.
Yet all their skills
a new government of their own that will
The Law Clerk
may not be enough
treat them fairly and equally.
Scott Douglas Gerber ’86
when a deadly
In the same period, a young African,
The Kent State University Press
new opponent
enslaved in Portsmouth, N.H., chafes at
rips off the veneer
his bondage and embarks on his personal
school romance gone bad. Searching for
of Stone’s own
struggle to attain the same freedoms sought
new horizons, he accepts a prestigious
mysterious past:
by his white owners. He fights in the same
clerkship with a federal judge in
war in the name of the same lofty principles.
Providence, Rhode Island. He quickly finds
Bagger’s menace pales next to newcomer
Harry Finn’s lethality. Passing as a normal
Follow slave Will Clarkson’s struggles
Sam Grimes is heartbroken by a law
himself both falling in love with a beautiful
family man, Finn has already killed three
to be free in Patriot’s Reward. A “fascinating
young woman he meets at the courthouse
men, with more targets to come. When
narrative of the under-recorded realities of
and working on the case of the decade in
Finn sets his bull’s-eye on Stone, his reason
slavery,” said former U.S. Senator William
New England: the obscenity trial of Joey
will be the greatest shock of all, causing
Hathaway.
Mancini, the son of a Mafia boss. And as
readers to reconsider their views of good
Clarkson is a direct descendent of
Sam is about to find out, one thing has
and evil. As bodies and institutions topple,
Will’s original owner in America. He is
the story rockets toward a shattering
retired and lives with wife, Mary Claire, in
finale that will leave the survivors of this
Rye, New Hampshire. Patriot’s Reward is
clerk to a federal judge, crafts an explosive
explosive tale changed forever.
his first novel.
novel which gives insights into one of
everything to do with the other.
Gerber, who was himself a former law
UVA Lawyer • Fall • 2007
| 85
In Print
the most pressing social issues of the day:
Who Murdered Mom?
the impact of pornography. The novel
Frank Warren Swacker ’49
arbitration with the insurance company
also examines the idealism, eagerness,
Yellowback Mysteries
in order to expedite his wife’s life
and curiosity of
Edward consents to a process of
Mom, Margaret Largostern, was the
insurance settlement, bringing with it an
law clerks just
owner and operator of a Washington D.C.
ever-accelerating cascade of nefarious,
beginning their
public relations firm which specialized
humorous, and unexpected evidence.
professional careers.
in the export of espionage and political
Swacker’s grand finale reveals who indeed
corruption across continents. At the
benefitted most from the death of mom
review, Mark
time of Margaret’s death, she had been
and is responsible for her murder.
Tresnowski,
thought to have acquired confidential disks
managing director
involving a submarine warfare detection
In a FindLaw
The book, written with the editorial
assistance of his wife, Irene, is Swacker’s
and general
system. Frank
second mystery novel. Swacker previously
counsel of Madison
Warren Swacker’s
served as an arbitrator in many complex
Dearborn, writes that Gerber’s novel
new courtroom
international and domestic disputes
“seeks to go beyond simply using the
mystery delves into
involving the airline, petroleum and other
law as a setting for reader entertainment
the investigation of
industries including corporate finance and
securities.
… Gerber’s The Law Clerk, however, is
Margaret’s murder
not merely a ‘fun read’; it’s much more
and who had the
ambitious than that.”
most to gain.
Gerber is a law professor at Ohio
Northern University. His previous books
Among
the suspects are
are The Declaration of Independence:
Margaret’s husband, Edward, a serial
Origins and Impact (2002), The Ivory
widower and sole beneficiary to Margaret’s
Tower: A Novel (2002), First Principles: The
two-million dollar life insurance policy.
Jurisprudence of Clarence Thomas (1999),
Edward’s daughter Cynthia, is also dragged
Seriatim: The Supreme Court before John
into the plot as she prepares for final
Marshall (1998), and To Secure These
university exams while discovering more of
Rights: The Declaration of Independence
her parents’ past shady activities.
and Constitutional Interpretation (1995).
86 | UVA Lawyer • Fall • 2007
Opinion
Opinion
A [mostly] Relentless Pursuit of
Professional Perfection
Chris Knopik ’83 and Joe Varner ’83
Knopik Varner Moore
One of us owns a Lexus. It’s a fantastic machine
but, with apologies to the company, its famous “relentless
pursuit of perfection” better remain relentless for a while
longer. We can relate.
Our relentless pursuit of perfection began in the back
row of Caplin Auditorium in the early fall of 1980 during
orientation for our incoming law school class. We were
certain the back row was reserved for the coolest, hippest,
smartest, and best looking men in the new class … and
that is why we sat there and that is why we met there. We
soon realized that we weren’t nearly so cool, hip, smart, or
handsome as we thought, but it took longer to recognize
that day as our first step in our (mostly) relentless pursuit
of professional perfection.
Today, a startling 27 years later, we practice together in
a small firm of trial lawyers in Tampa, Florida. The highs
and lows of our personal and professional lives have been
experienced, more or less, together, by phone or e-mail
when we practiced in separate firms, now in person in
our current firm when we handle hearings, collaborate on
legal writings, or wait anxiously during jury deliberations
… or when offering off-the-cuff lounge-lizard versions
of popular songs to our bewildered staff. Through it all,
we have been joined by a common belief that if we try
hard enough and long enough, we can achieve the highest
possible level of client service, while maintaining our
strong sense of integrity. Like those Lexus engineers, we
remain in pursuit and, like any automobile, be it Lexus or
Kia, we know we will encounter bumps in the road. Those
bumps take many forms and offer many lessons.
“The rule of the hole.” We fancy ourselves trial
lawyers, but we’ve had our courtroom moments that
Chris Knopik and Joe Varner
undoubtedly tried our clients’ patience and our mettle.
One memorable occasion occurred during what I believed
to be a stellar, eviscerating cross-examination of a key
expert witness. As the cross-examination hurtled toward
the imagined crescendo, the patient trial judge summoned
counsel to sidebar. In pointed remarks, the judge stated,
“Are you familiar with the rule of the hole?” Faced with a
blank stare, the judge continued, “Sometimes when you
are digging a hole, it’s best to put away the shovel.” After
stepping back from sidebar and asking enough harmless
questions to save some measure of dignity, I put down the
shovel.
“Try a little tenderness.” Although we pride ourselves
on minimizing unnecessary strife during depositions, we
have occasionally risen to the bait offered by opposing
counsel. What we have learned (we hope) is that many
such situations are better resolved with a smile than a
snarl. Several years ago, a more experienced lawyer was
making numerous improper speaking objections. After
UVA Lawyer • Fall • 2007
| 87
Opinion
politely asking him to stop and finally warning him that
I would take the matter up with the judge, he raised his
voice and said, “I’ve been practicing 25 years and I don’t
scare easily.” I assured him I was not trying to scare him
and returned to my questions. During the next break, I
said to him, with a smile, “Bruce, I’ve been practicing 15
years — how long until I can use the ‘I’ve been practicing
so many years line?’ ” He smiled back and said, without
hesitation, “10 more years.” We had no problems after that.
“Scouts know best.” When we were younger and
working extraordinarily long hours, we knew with
certainty that wisdom born of experience would allow
us to take effective depositions on a moment’s notice and
construct withering cross-examinations of key witnesses
on our feet in the courtroom. Now, all these years later, we
still wait for that “wisdom born of experience” to kick in.
In the meantime, we continue to consciously over-prepare
for all matters, large and small, ever mindful that the
Scouts had it right: “Be prepared.”
“Some things are better left unsaid.” Trial practice
is fraught with friction and packed with pressure. The
pressures emanate from client expectations, high personal
standards for performance, financial pressures, and the
realization that our opponents sometimes choose an easier
yet unethical path to success. The frictions and pressures
of trial practice make the unnecessary personal attack on
opposing counsel an attractive weapon in the arsenal of
trial lawyers engaging in close verbal combat. For the most
part, we have learned to step back, take a breath, take a
walk. We’ve dictated lots of clever but cutting letters that
were discarded after a night on the desk. We relentlessly
strive to be more zealous, but less vitriolic.
“Keep cool, don’t freeze.” At the distance of 27
years from our meeting at UVA, we’ve finally come to
recognize that much of what we’ve learned in driving
over and around the bumps in the road in our pursuit of
professional perfection was imparted to us by a wise man
of the Law School, not long after we first sat in that back
row at Caplin Auditorium. Hardy Cross Dillard told us
that the best advice for most stressful situations was so
simple it could be found on a mayonnaise bottle — “Keep
cool, don’t freeze.”
Mr. Dillard, sir, thank you. It gets kind of hot here
in Tampa most of the year, but we’re still trying to keep
cool and, in our (mostly) relentless pursuit of professional
perfection, we’re constantly trying to get better at it.
88 | UVA Lawyer • Fall • 2007
Consistency and Balance:
Chief Justice Myron T. Steele ’70, LL.M. ’04
Delaware Supreme Court
As the leader of the Delaware judiciary, each
year I receive numerous invitations to speak to groups
around the world about Delaware’s continued success
in maintaining its top-ranked court system and its
preeminence as the forum of choice for corporations and
alternative business entities. As of April 2007, over 62% of
all Fortune 500 companies were incorporated in Delaware
and since 1973, 75 % of all U.S. initial public offering
entities ultimately selected Delaware as their corporate
home. Our courts’ business decisions receive intense
scrutiny and we take pride in Delaware’s international
reputation for being a center for the development of
principles of corporate governance. Academics expend
more than a little ink critiquing Delaware decisions and
our highly respected bar is eagerly sought out to render
help to boards of directors seeking to comply with that
guidance.
That said, when I was invited to offer some insight into
the challenges jurists face in resolving difficult disputes
and ultimately reaching the right result, the tough and
controversial cases that immediately sprang to mind were
not corporate. My colleagues on the bench and I serve
all of Delaware’s citizens, not just our corporate citizens.
Many of our other carefully crafted judicial opinions more
directly impact the daily lives of our neighbors in this
small state. The Supreme Court’s ultimate purpose is to
provide a venue for the fair, prompt, and legally correct
disposition of each and every case brought before us on
appeal. Delaware’s three major courts’ opinions are widely
respected — a daunting standard to maintain no matter
what area of the law is at issue.
In Delaware, we are fortunate to have appointed judges
who do not have to focus on funding their next reelection
or retention campaign. Nevertheless we are certainly
mindful that the decisions we make can set far-reaching
precedents and inevitably will disappoint or even anger
legislators and citizens whose respect and support are vital
to our work. Public opinion is never far away, especially
Opinion
A Judge’s Job
in the small, highly personalized environment that is
Delaware. But being aware of the community in which
one lives in order to find pragmatic solutions to disputes
must ultimately be balanced with the independence and
objectivity each jurist must possess. If there is anything
that would impugn the vital integrity of our court system,
it would be the perception that external pressures could
affect our decision-making process. Our task is to apply
the law to the facts of the specific case before us and not
to use cases to express personal views or to make policy
consistent with those views.
Resolving cases in new areas of the law also tests
judges’ ability to apply existing precedent carefully while
remaining open to changed circumstances. In Doe v.
Cahill, 884 A.2d 451 (Del. 2005), a local public official
attempted to learn the name of the individual who had
anonymously posted offensive comments about him on an
internet blog in order to perfect process in a defamation
action. The trial court had applied a good faith standard
and ordered the ISP provider to reveal the blogger’s
identity. The Delaware Supreme Court reversed, finding
that a good faith standard did not adequately protect the
blogger’s First Amendment right to speak anonymously.
Citing the need to “appropriately balance one person’s
right to speak anonymously against another person’s
right to protect his reputation,” we held that a defamation
plaintiff is required to establish a genuine issue of material
fact for each essential element of the claim within the
plaintiff’s control before being able to obtain the name
of the anonymous defendant. We tried to express our
understanding that blogs and chat rooms are intended to
be places for people to express their opinions, that those
offended can almost instantly reply and refute those views,
and by so doing protect their reputation in a free wheeling
environment designed for loose exchange of opinions. We
thought that all should be very wary of any efforts that
would have a chilling effect on free speech, especially in
a forum where readers should logically be suspicious of
Myron Steele
the veracity of any anonymous comment. Our decision,
ironically, stimulated an even more intense blogging effort
where we became the vilified.
Regardless of legal context, all judges daily face the
difficult task of understanding the competing interests of
parties, providing a fair and impartial forum for advancing
those interests and ultimately balancing those interests by
disposing of disputes in a way that is just, comports with
law and equity and preserves the integrity of the system.
We can only hope we do it consistently well.
UVA Lawyer • Fall • 2007
| 89
STAY CONNECTED @ The Law School
Law School News E-mail Newsletter
Prefer to get your news delivered via e-mail? Sign up to get the Law School’s
News Briefs, a periodic e-mail newsletter that publishes about every two weeks
during the school year. The e-mail includes summaries of recent news and
events, with photos and links to full stories.
Sign up for the newsletter at: www.law.virginia.edu/html/news/emailnews.htm
RSS Feeds & Podcasts: Subscribe to Law School News
Law School news comes directly to you via RSS (Really Simple Syndication)
feed or podcasts. Subscribe to news you want, viewable from a computer or
mobile device. Subscriptions by subject area are available.
Subscribe at: www.law.virginia.edu/html/news/rss.htm
Online Alumni Forums
Converse with fellow Law School alumni in the new Law Alumni Forums —
protected under the Law Alumni Connection (LAC).
OF NOTE: Forum for Solo Practitioners and Small Law Firms
To serve Law alumni who practice as solos or in small firms to refer clients,
find local counsel and discuss legal issues, as well as practice management,
marketing, and technology solutions.
Sign on today at: www.law.virginia.edu/laconline
90 | UVA Lawyer • Fall • 2007